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2002 Revised Code of Washington Volume 4: Titles 37 through 44
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VOLUME 4
Titles 37 through 44
2002
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine
die March 14, 2002.
(2002 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2002 Edition
©
2002 State of Washington
CERTIFICATE
The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in
accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G. SCHULTZ, Chair,
STATUTE LAW COMMITTEE
[Preface—p ii]
(2002 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as
follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters
of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers
between original sections so that for a time new sections may be inserted without extension of the section number
beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series
of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted
by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances
from the language and organization of the session laws from which it was derived, including a variety of divisions
and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise
of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means
of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law
source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is
abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135,
page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS
or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each
component section, with each line of derivation being set off from the others by use of small Roman numerals,
"(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves
the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to each
other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are
tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult
the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These
additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available time
and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature
of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that
correction may be made in a subsequent publication.
(2002 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
2
3
4
5
6
7
8
9
9A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23B
24
25
26
27
28A
28B
28C
29
30
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
46
General provisions
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
Aeronautics
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
Domestic relations
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
Elections
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
Highways and motor vehicles
Motor vehicles
[Preface—p iv]
47
48
Public highways and transportation
Insurance
Labor
49
Labor regulations
50
Unemployment compensation
51
Industrial insurance
Local service districts
52
Fire protection districts
53
Port districts
54
Public utility districts
55
Sanitary districts
57
Water-sewer districts
Property rights and incidents
58
Boundaries and plats
59
Landlord and tenant
60
Liens
61
Mortgages, deeds of trust, and real estate contracts
62A Uniform Commercial Code
63
Personal property
64
Real property and conveyances
65
Recording, registration, and legal publication
Public health, safety, and welfare
66
Alcoholic beverage control
67
Sports and recreation—Convention facilities
68
Cemeteries, morgues, and human remains
69
Food, drugs, cosmetics, and poisons
70
Public health and safety
71
Mental illness
71A Developmental disabilities
72
State institutions
73
Veterans and veterans’ affairs
74
Public assistance
Public resources
76
Forests and forest products
77
Fish and wildlife
78
Mines, minerals, and petroleum
79
Public lands
79A Public recreational lands
Public service
80
Public utilities
81
Transportation
Taxation
82
Excise taxes
83
Estate taxation
84
Property taxes
Waters
85
Diking and drainage
86
Flood control
87
Irrigation
88
Navigation and harbor improvements
89
Reclamation, soil conservation, and land settlement
90
Water rights—Environment
91
Waterways
(2002 Ed.)
Title 37
FEDERAL AREAS—INDIANS
Chapters
37.04
37.08
37.12
37.14
37.16
General cession of jurisdiction.
Jurisdiction in special cases.
Indians and Indian lands—Jurisdiction.
Indian cultural facility bond issue.
Acquisition of lands for permanent military
installations.
Daylight saving time—Prohibition not applicable to federal areas: RCW
1.20.050.
Excise taxes—Extension of excises to federal areas: Chapter 82.52 RCW.
Federal employees classified as resident students: RCW 28B.15.014.
Federal forest reserve funds, distribution of: RCW 28A.520.010,
28A.520.020.
San Juan Island national historical park, donation of state lands: Chapter
94, Laws of 1967 (uncodified).
School districts—Agreements with other governmental entities for transportation of students or the public, or for other noncommon school
purposes—Limitations: RCW 28A.160.120.
Chapter 37.04
GENERAL CESSION OF JURISDICTION
Sections
37.04.010
37.04.020
37.04.030
37.04.040
37.04.050
Consent given to acquisition of land by United States.
Concurrent jurisdiction ceded—Reverter.
Reserved jurisdiction of state.
Previous cessions of jurisdiction saved.
Concurrent jurisdiction—Governor authorized to accept—
Procedures.
Authority of federal government over federal areas: State Constitution Art.
25.
Taxation of federal agencies and instrumentalities: State Constitution Art.
7 § 3 (Amendment 19).
37.04.010 Consent given to acquisition of land by
United States. The consent of this state is hereby given to
the acquisition by the United States, or under its authority,
by purchase, lease, condemnation, or otherwise, of any land
acquired, or to be acquired, in this state by the United States,
from any individual, body politic or corporate, as sites for
forts, magazines, arsenals, dockyards, and other needful
buildings or for any other purpose whatsoever. The evidence of title to such land shall be recorded as in other cases. [1939 c 126 § 1; RRS § 8108-1.]
37.04.020 Concurrent jurisdiction ceded—Reverter.
Concurrent jurisdiction with this state in and over any land
so acquired by the United States shall be, and the same is
hereby, ceded to the United States for all purposes for which
the land was acquired; but the jurisdiction so ceded shall
continue no longer than the United States shall be the owner
of such lands, and if the purposes of any grant to or acquisition by the United States shall cease, or the United States
shall for five consecutive years fail to use any such land for
(2002 Ed.)
the purposes of the grant or acquisition, the jurisdiction
hereby ceded over the same shall cease and determine, and
the right and title thereto shall revest in this state. The
jurisdiction ceded shall not vest until the United States shall
acquire title of record to such land. [1939 c 126 § 2; RRS
§ 8108-2.]
37.04.030 Reserved jurisdiction of state. The state
of Washington hereby expressly reserves such jurisdiction
and authority over land acquired or to be acquired by the
United States as aforesaid as is not inconsistent with the
jurisdiction ceded to the United States by virtue of such
acquisition. [1939 c 126 § 3; RRS § 8108-3.]
37.04.040 Previous cessions of jurisdiction saved.
Sections 8108 and 8109, Remington’s Revised Statutes [1891
pp 31, 32 §§ 1, 2], and all other acts and parts of acts
inconsistent with the provisions of this chapter are hereby
repealed: PROVIDED, That jurisdiction heretofore ceded to
the United States over any land within this state by any
previous act of the legislature shall continue according to the
terms of the respective cessions: PROVIDED FURTHER,
That if jurisdiction so ceded by any previous act of the
legislature has not been affirmatively accepted by the United
States, or if the United States has failed or ceased to use any
such land for the purposes for which acquired, jurisdiction
thereover shall be governed by the provisions of this chapter.
[1939 c 126 § 4; RRS § 8108-4.]
37.04.050 Concurrent jurisdiction—Governor
authorized to accept—Procedures. (1) Upon the filing of
a legally adequate notice with the governor by the secretary
or administrator of any agency of the United States of
America owning or having exclusive jurisdiction over certain
property, the governor is authorized and directed to accept
such jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington over the property as described in such notice and to the
extent and periods of time authorized in such notice. The
acquisition of such concurrent jurisdiction shall become
effective upon filing the documents signifying such acceptance in the office of the secretary of state of the state of
Washington.
(2) The authorization contained in subsection (1) of this
section shall not be exclusive, shall not affect any existing
jurisdiction or concurrent jurisdiction by the state over
federal property, and shall be in addition to any other
method or methods of assuming jurisdiction or concurrent
jurisdiction over federal property. [1979 ex.s. c 49 § 1.]
[Title 37 RCW—page 1]
Chapter 37.08
Title 37 RCW: Federal Areas—Indians
Chapter 37.08
JURISDICTION IN SPECIAL CASES
Sections
37.08.180
37.08.200
37.08.210
37.08.220
37.08.230
37.08.240
37.08.250
37.08.260
37.08.270
37.08.280
Jurisdiction ceded.
Rainier National Park.
Olympic National Park.
National forests, establishment, consolidation, extension of.
Migratory bird preserves.
Lake Washington ship canal.
Additional right-of-way.
Auburn general depot.
Cession of jurisdiction.
Veterans hospitals.
37.08.180 Jurisdiction ceded. Jurisdiction ceded
when acquisition of land for permanent military installations,
see RCW 37.16.180.
37.08.200 Rainier National Park. Exclusive jurisdiction shall be, and the same is hereby ceded to the United
States over and within all the territory that is now or may
hereafter be included in that tract of land in the state of
Washington, set aside for the purposes of a national park,
and known as the Rainier National Park; saving, however, to
the said state, the right to serve civil or criminal process
within the limits of the aforesaid park, in suits or prosecutions for or on account of rights acquired, obligations
incurred or crimes committed in said state, but outside of
said park; and saving further to the said state the right to tax
persons and corporations, their franchises and property on
the lands included in said park: PROVIDED, HOWEVER,
This jurisdiction shall not vest until the United States
through the proper officer, notifies the governor of this state
that they assume police or military jurisdiction over said
park. [1901 c 92 § 1; RRS § 8110.]
37.08.210 Olympic National Park. Exclusive
jurisdiction shall be, and the same is hereby ceded to the
United States over and within all the territory that is now or
hereafter included in that tract of land in the state of Washington, set aside for the purposes of a national park, and
known as the Olympic National Park; saving, however, to
the said state, the right to serve civil and criminal process
within the limits of the aforesaid park, in suits or prosecutions for or on account of rights acquired, obligations
incurred or crimes committed in said state, but outside of
said park; and saving further to the said state the right to tax
persons and corporations, their franchises and property on
the lands included in said park: PROVIDED, HOWEVER,
This jurisdiction shall not vest until the United States,
through the proper officer, notifies the governor of this state
that they assume police or military jurisdiction over said
park: AND PROVIDED FURTHER, That full jurisdiction
over a strip of land two hundred fifty feet wide, being one
hundred twenty-five feet wide on each side of the now existing center line of primary state highway No. 9 together with
existing pit sites and stockpile sites within said park shall be
retained by the state of Washington. [1945 c 114 § 1; 1941
c 51 § 1; 1939 c 170 § 1; Rem. Supp. 1945 § 8110-1.]
[Title 37 RCW—page 2]
37.08.220 National forests, establishment, consolidation, extension of. The legislature of the state of Washington hereby consents to the acquisition by the United States
by purchase or gift of such lands in the state of Washington
as in the opinion of the government of the United States may
be needed for the establishment, consolidation and extension
of national forests in this state under the provisions of the
act of congress approved March 1, 1911, and entitled: "An
act to enable any state to cooperate with any other state or
states or with the United States for the protection of the
watersheds of navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers," as amended:
PROVIDED, The state of Washington shall retain a concurrent jurisdiction with the United States in and over lands so
acquired so far that civil processes in all cases, and such
criminal processes as may issue under the authority of the
state of Washington against any person charged with the
commission of any crime without or within said jurisdiction,
may be executed thereon in like manner as if this consent
had not been granted: PROVIDED FURTHER, That before
any acquirement of lands be made under the provisions of
this section, such acquisition shall be approved by the
department of natural resources: AND FURTHER PROVIDED, That the state of Washington shall retain concurrent
jurisdiction to tax persons and corporations and their
property and transaction on such lands so acquired. [1988
c 128 § 8; 1935 c 58 § 1; RRS § 9663-23.]
County may convey forest lands to United States: RCW 36.34.210.
37.08.230 Migratory bird preserves. Consent of the
state of Washington is given to the acquisition by the United
States by purchase, gift, devise, or lease of such areas of
land or water, or of land and water, in the state of Washington, as the United States may deem necessary for the establishment of migratory-bird reservations in accordance with
the act of congress approved February 18, 1929, entitled "An
Act to more effectively meet the obligations of the United
States under the migratory bird treaty with Great Britain by
lessening the dangers threatening migratory game birds from
drainage and other causes by the acquisition of areas of land
and of water to furnish in perpetuity reservations for the
adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance
and improvement and for other purposes," reserving, however, to the state of Washington full and complete jurisdiction
and authority over all such areas not incompatible with the
administration, maintenance, protection, and control thereof
by the United States under the terms of said act of congress.
[1933 c 159 § 1; no RRS.]
37.08.240 Lake Washington ship canal. That in aid
of the construction, maintenance and operation of a ship
canal, by the United States of America, to connect the waters
of Lakes Union and Washington, in King county, with Puget
Sound, together with all necessary and convenient locks,
landways, spillways, buildings, power plant and other proper
appurtenances, there be and hereby is granted by this state
to said United States the right to place, construct, maintain,
and operate, such ship canal, landways, spillways, buildings,
power plant and other proper appurtenances, upon, along,
(2002 Ed.)
Jurisdiction in Special Cases
through and over any and all lands belonging to and waters
of this state in said King county, within such limits as shall
be defined by the plans and specifications for such improvement as the same shall be approved by the United States secretary of war, and the right to raise the waters of Salmon
Bay and the right to lower the waters of Lake Washington,
in prosecution of such improvement, and this state hereby
releases the United States from all liability to damages to
this state, its successors or assigns, that shall or might arise
from such lowering or raising of waters, or otherwise from
such improvement. But nothing in this section contained
shall operate as an assumption of nor create any liability on
the part of the state, for any damages which may result to
any person, company or corporation. [1901 c 6 § 1; RRS §
8120.]
3 7 . 0 8 . 2 5 0 A d d i t i o n a l r i g h t - o f - w a y . That a
right-of-way of not exceeding five hundred feet in width is
hereby granted to the United States of America through any
lands or shorelands belonging to the state of Washington, or
to the University of Washington, and lying in King county
between Lakes Union and Washington, or in or adjoining
either of them, the southern boundary of such right-of-way
on the upland to be coincident with the southern boundary
of the lands now occupied by the University of Washington
adjacent to the present right-of-way of said canal; the width
and definite location of such right-of-way before the same is
taken possession of by said United States shall be plainly
and completely platted and a plat thereof approved by the
secretary of war of the United States filed with the department of natural resources: PROVIDED, That nothing in this
section contained shall be construed to repeal or impair any
right, interest, privilege or grant expressed or intended in the
act of the legislature of the state of Washington approved
February 8, 1901, entitled, "An Act relative to and in aid of
the construction, maintenance and operation by the United
States of America of a ship canal with proper locks and
appurtenances to connect the waters of Lakes Union and
Washington in King county with Puget Sound and declaring
an emergency." [1988 c 128 § 9; 1907 c 216 § 1; RRS §
8121.]
37.08.260 Auburn general depot. Concurrent
jurisdiction shall be, and the same is hereby ceded to the
United States over and within all the land comprising the
Auburn General Depot area, being 570.08 acres, more or
less, situate in King county, state of Washington; saving,
however, to the state the right to serve civil and criminal
process within the limits of the aforesaid area in suits or
prosecutions for or on account of rights acquired, obligations
incurred or crimes committed in said state, but outside of
said area. The metes and bounds description of the land
over which jurisdiction is ceded hereby is as follows:
A parcel of land in sections 24 and 25, Township 21
North, Range 4 East, Willamette Meridian, King County, as
follows: Beginning at a point on the west line of the
Northern Pacific Railway right-of-way which point is S
89˚16’55" W, 423.65 feet and N 2˚12’33" W, 20 feet from
the southeast corner of section 25, thence S 89˚16’55" W,
1548.93 feet along the north right-of-way line of Ellingson
Road to a point, thence N 0˚10’45" E, 1298.11 feet to a
(2002 Ed.)
37.08.240
point, thence S 89˚31’28" W, 638.25 feet to the east right-ofway line of Greenhalgh Road, thence N 0˚08’47" E, 1351.31
feet along said east right-of-way line to its intersection with
the north right-of-way line of Algona Road, thence S
89˚46’07" W, 1724.35 feet along said north right-of-way line
to a point on the easterly right-of-way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad, thence N 0˚04’38"
W, 1223.74 feet along said right-of-way to a point of spiral
curve, thence along a spiral curve whose central angle is
1˚36’14" and whose long chord bears N 0˚27’20" E, 158.51
feet, thence along a circular curve to the right, whose radius
bears S 88˚28’24" E, 2822.01 feet, through a central angle
of 21˚16’24" for a distance of 1047.78 feet to a point of
spiral, thence along a spiral curve whose central angle is
1˚36’14", and whose long chord bears N 23˚51’42" E,
158.51 feet, thence N 24˚24’15" E, 3088.12 feet to a point
of spiral curve, thence along a spiral whose central angle is
1˚35’51", and whose long chord bears N 23˚51’55" E,
161.51 feet to point of circular curve, thence along a circular
curve, to the left, whose radius bears N 67˚11’36" W,
2908.01 feet, through a central angle of 20˚58’46" for a
distance of 1064.80 feet, thence along a spiral curve to the
left, whose central angle is 1˚35’51", and whose long chord
bears N 0˚45’10" E, 161.51 feet, thence N 0˚13’47" E,
1148.81 feet to the centerline of the Chicago, Milwaukee, St.
Paul and Pacific Railroad and Northern Pacific crossover
track being a point in a curve, thence along centerline of said
crossover track on a curve to the left in a southeasterly
direction, from a radius which bears N 63˚36’26" E, 351.28
feet, through a central angle of 26˚50’13" for a distance of
164.54 feet, thence S 53˚13’47" E, 1840.78 feet along said
centerline, thence along a curve to the right in a southeasterly direction, from a radius which bears S 36˚46’13" W,
386.60 feet, through a central angle of 10˚26’06" for a
distance of 70.41 feet to the intersection of the westerly
right-of-way line of county road No. 76, thence *S 2˚12’33"
E, 6596.21 feet along the westerly right-of-way line of
county road No. 76 to the East-West centerline of said
section 25, thence N 89˚46’02" E, 60.04 feet to the westerly
right-of-way line of the Northern Pacific Railway Company,
thence S 2˚12’33" E, 2605.01 feet to point of beginning.
The jurisdiction ceded hereby does not extend to any
existing perimeter railroad or county road right-of-way.
[1951 c 40 § 1.]
*Reviser’s note: In the third from the last course, the "2" in the
description "S 2˚12’33" E" was by typographical error omitted from the
session laws. The digit is inserted by the reviser after verification from
original sources.
37.08.270 Cession of jurisdiction. Cession of
jurisdiction, lease or conveyances to United States for flood
control, navigation and allied purposes, see RCW 36.34.22036.34.240.
37.08.280 Veterans hospitals. Upon the filing of an
appropriate notice thereof with the governor by the administrator of veterans affairs, an agency of the United States of
America, pursuant to the provisions of section 302 of Public
Law 93-82 (87 Stat. 195; 38 U.S.C. Sec. 5007), the governor
is hereby authorized and directed to accept such legislative
jurisdiction as is necessary to establish concurrent jurisdiction between the United States and the state of Washington
[Title 37 RCW—page 3]
37.08.280
Title 37 RCW: Federal Areas—Indians
to all land comprising the veterans hospital located at
Vancouver in Clark county, Washington; the veterans
administration hospital located at Walla Walla in Walla
Walla county, Washington, and the veterans administration
hospital located at American Lake in Pierce county, Washington. The acquisition of such concurrent jurisdiction shall
become effective upon filing the documents signifying such
acceptance in the office of the secretary of state. [1975 1st
ex.s. c 142 § 1.]
Chapter 37.12
INDIANS AND INDIAN LANDS—JURISDICTION
Sections
37.12.010
37.12.021
Assumption of criminal and civil jurisdiction by state.
Assumption of criminal and civil jurisdiction by state—
Resolution of request—Proclamation by governor, 1963
act.
37.12.030 Effective date for assumption of jurisdiction—Criminal causes.
37.12.040 Effective date for assumption of jurisdiction—Civil causes.
37.12.050 State’s jurisdiction limited by federal law.
37.12.060 Chapter limited in application.
37.12.070 Tribal ordinances, customs, not inconsistent with law applicable in civil causes.
37.12.100 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession
of criminal jurisdiction—Intent.
37.12.110 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession
of criminal jurisdiction—Definitions.
37.12.120 Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, and Colville Indian reservations—Retrocession
of criminal jurisdiction—Proclamation by governor.
37.12.130 Quileute, Chehalis, Swinomish, and Colville Indian reservations—Retrocession of criminal jurisdiction—Savings.
37.12.140 Quileute, Chehalis, Swinomish, and Colville Indian reservations—Retrocession of criminal jurisdiction—Short title.
37.12.150 Retrocession of federal jurisdiction over lands excluded
from Olympic National Park.
Alienation of land by Indians: Chapter 64.20 RCW.
Annexation of federal areas by first class city: RCW 35.13.185.
Compact with the United States: State Constitution Art. 26 § 2.
Daylight saving time—Prohibition not applicable to federal areas: RCW
1.20.050.
Qualifications of voters: State Constitution Art. 6 § 1 (Amendment 63).
37.12.010 Assumption of criminal and civil jurisdiction by state. The state of Washington hereby obligates and
binds itself to assume criminal and civil jurisdiction over
Indians and Indian territory, reservations, country, and lands
within this state in accordance with the consent of the United
States given by the act of August 15, 1953 (Public Law 280,
83rd Congress, 1st Session), but such assumption of jurisdiction shall not apply to Indians when on their tribal lands or
allotted lands within an established Indian reservation and
held in trust by the United States or subject to a restriction
against alienation imposed by the United States, unless the
provisions of RCW 37.12.021 have been invoked, except for
the following:
(1) Compulsory school attendance;
(2) Public assistance;
(3) Domestic relations;
(4) Mental illness;
(5) Juvenile delinquency;
[Title 37 RCW—page 4]
(6) Adoption proceedings;
(7) Dependent children; and
(8) Operation of motor vehicles upon the public streets,
alleys, roads and highways: PROVIDED FURTHER, That
Indian tribes that petitioned for, were granted and became
subject to state jurisdiction pursuant to this chapter on or
before March 13, 1963 shall remain subject to state civil and
criminal jurisdiction as if *chapter 36, Laws of 1963 had not
been enacted. [1963 c 36 § 1; 1957 c 240 § 1.]
*Reviser’s note: Chapter 36, Laws of 1963, which became effective
on March 13, 1963, amended RCW 37.12.010, 37.12.030, 37.12.040, and
37.12.060, repealed RCW 37.12.020, and enacted a new section codified
herein as RCW 37.12.021.
37.12.021 Assumption of criminal and civil jurisdiction by state—Resolution of request—Proclamation by
governor, 1963 act. Whenever the governor of this state
shall receive from the majority of any tribe or the tribal
council or other governing body, duly recognized by the
Bureau of Indian Affairs, of any Indian tribe, community,
band or group in this state a resolution expressing its desire
that its people and lands be subject to the criminal or civil
jurisdiction of the state of Washington to the full extent
authorized by federal law, he shall issue within sixty days a
proclamation to the effect that such jurisdiction shall apply
to all Indians and all Indian territory, reservations, country,
and lands of the Indian body involved to the same extent
that this state exercises civil and criminal jurisdiction or both
elsewhere within the state: PROVIDED, That jurisdiction
assumed pursuant to this section shall nevertheless be subject
to the limitations set forth in RCW 37.12.060. [1963 c 36
§ 5.]
37.12.030 Effective date for assumption of jurisdiction—Criminal causes. Upon March 13, 1963 the state of
Washington shall assume jurisdiction over offenses as set
forth in RCW 37.12.010 committed by or against Indians in
the lands prescribed in RCW 37.12.010 to the same extent
that this state has jurisdiction over offenses committed
elsewhere within this state, and such criminal laws of this
state shall have the same force and effect within such lands
as they have elsewhere within this state. [1963 c 36 § 2;
1957 c 240 § 3.]
37.12.040 Effective date for assumption of jurisdiction—Civil causes. Upon March 13, 1963 the state of
Washington shall assume jurisdiction over civil causes of
action as set forth in RCW 37.12.010 between Indians or to
which Indians are parties which arise in the lands prescribed
in RCW 37.12.010 to the same extent that this state has
jurisdiction over other civil causes of action and, except as
otherwise provided in this chapter, those civil laws of this
state that are of general application to private persons or
private property shall have the same force and effect within
such lands as they have elsewhere within this state. [1963
c 36 § 3; 1957 c 240 § 4.]
37.12.050 State’s jurisdiction limited by federal law.
The jurisdiction assumed pursuant to this chapter shall be
subject to the limitations and provisions of the federal act of
(2002 Ed.)
Indians and Indian Lands—Jurisdiction
August 15, 1953 (Public Law 280, 83rd Congress, 1st
Session). [1957 c 240 § 5.]
37.12.060 Chapter limited in application. Nothing
in this chapter shall authorize the alienation, encumbrance,
or taxation of any real or personal property, including water
rights and tidelands, belonging to any Indian or any Indian
tribe, band, or community that is held in trust by the United
States or is subject to a restriction against alienation imposed
by the United States; or shall authorize regulation of the use
of such property in a manner inconsistent with any federal
treaty, agreement, or statute or with any regulation made
pursuant thereto; or shall confer jurisdiction upon the state
to adjudicate, in probate proceedings or otherwise, the
ownership or right to possession of such property or any
interest therein; or shall deprive any Indian or any Indian
tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or
executive order with respect to Indian land grants, hunting,
trapping, or fishing or the control, licensing, or regulation
thereof. [1963 c 36 § 4; 1957 c 240 § 6.]
37.12.070 Tribal ordinances, customs, not inconsistent with law applicable in civil causes. Any tribal
ordinance or custom heretofore or hereafter adopted by an
Indian tribe, band, or community in the exercise of any
authority which it may possess shall, if not inconsistent with
any applicable civil law of the state, be given full force and
effect in the determination of civil causes of action pursuant
to this section. [1957 c 240 § 7.]
37.12.100 Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, Tulalip, and Colville Indian
reservations—Retrocession of criminal jurisdiction—
Intent. It is the intent of the legislature to authorize a
procedure for the retrocession, to the Quileute Tribe,
Chehalis Tribe, Swinomish Tribe, Skokomish Tribe,
Muckleshoot Tribe, Tulalip Tribes, and the Colville Confederated Tribes of Washington and the United States, of
criminal jurisdiction over Indians for acts occurring on tribal
lands or allotted lands within the Quileute, Chehalis,
Swinomish, Skokomish, Muckleshoot, Tulalip, or Colville
Indian reservation and held in trust by the United States or
subject to a restriction against alienation imposed by the
United States.
RCW 37.12.100 through 37.12.140 in no way expand
the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
Tulalip, or Colville tribe’s criminal or civil jurisdiction, if
any, over non-Indians or fee title property. RCW 37.12.100
through 37.12.140 shall have no effect whatsoever on water
rights, hunting and fishing rights, the established pattern of
civil jurisdiction existing on the lands of the Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, or
Colville Indian reservation, the established pattern of
regulatory jurisdiction existing on the lands of the Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, Tulalip, or
Colville Indian reservation, taxation, or any other matter not
specifically included within the terms of RCW 37.12.100
through 37.12.140. [1995 c 202 § 1; 1995 c 177 § 1; 1994
c 12 § 1; 1988 c 108 § 1; 1986 c 267 § 2.]
(2002 Ed.)
37.12.050
Reviser’s note: This section was amended by 1995 c 177 § 1 and by
1995 c 202 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 267: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 267 § 8.]
37.12.110 Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, Tulalip, and Colville Indian
reservations—Retrocession of criminal jurisdiction—
Definitions. Unless the context clearly requires otherwise,
the following definitions apply throughout RCW 37.12.100
through 37.12.140:
(1) "Colville reservation" or "Colville Indian reservation," "Quileute reservation" or "Quileute Indian reservation,"
"Chehalis reservation" or "Chehalis Indian reservation,"
"Swinomish reservation" or "Swinomish Indian reservation,"
"Skokomish reservation" or "Skokomish Indian reservation,"
"Muckleshoot reservation" or "Muckleshoot Indian reservation," or "Tulalip reservation" or "Tulalip Indian reservation"
means all tribal lands or allotted lands lying within the
reservation of the named tribe and held in trust by the
United States or subject to a restriction against alienation
imposed by the United States, but does not include those
lands which lie north of the present Colville Indian reservation which were included in original reservation boundaries
created in 1872 and which are referred to as the "diminished
reservation."
(2) "Indian tribe," "tribe," "Colville tribes," or "Quileute,
Chehalis, Swinomish, Skokomish, Muckleshoot, or Tulalip
tribe" means the confederated tribes of the Colville reservation or the tribe of the Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, or Tulalip reservation.
(3) "Tribal court" means the trial and appellate courts of
the Colville tribes or the Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, or Tulalip tribe. [1995 c 202 § 2;
1995 c 177 § 2; 1994 c 12 § 2; 1988 c 108 § 2; 1986 c 267
§ 3.]
Reviser’s note: This section was amended by 1995 c 177 § 2 and by
1995 c 202 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.120 Quileute, Chehalis, Swinomish,
Skokomish, Muckleshoot, Tulalip, and Colville Indian
reservations—Retrocession of criminal jurisdiction—
Proclamation by governor. Whenever the governor
receives from the confederated tribes of the Colville reservation or the Quileute, Chehalis, Swinomish, Skokomish,
Muckleshoot, or Tulalip tribe a resolution expressing their
desire for the retrocession by the state of all or any measure
of the criminal jurisdiction acquired by the state pursuant to
RCW 37.12.021 over lands of that tribe’s reservation, the
governor may, within ninety days, issue a proclamation
retroceding to the United States the criminal jurisdiction
previously acquired by the state over such reservation.
However, the state of Washington shall retain jurisdiction as
provided in RCW 37.12.010. The proclamation of retrocession shall not become effective until it is accepted by an
officer of the United States government in accordance with
[Title 37 RCW—page 5]
37.12.120
Title 37 RCW: Federal Areas—Indians
25 U.S.C. Sec. 1323 (82 Stat. 78, 79) and in accordance with
procedures established by the United States for acceptance
of such retrocession of jurisdiction. The Colville tribes and
the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
and Tulalip tribes shall not exercise criminal or civil jurisdiction over non-Indians. [1995 c 202 § 3; 1995 c 177 § 3;
1994 c 12 § 3; 1988 c 108 § 3; 1986 c 267 § 4.]
Reviser’s note: This section was amended by 1995 c 177 § 3 and by
1995 c 202 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.130 Quileute, Chehalis, Swinomish, and
Colville Indian reservations—Retrocession of criminal
jurisdiction—Savings. An action or proceeding which has
been filed with any court or agency of the state or local
government preceding the effective date of retrocession of
jurisdiction under RCW 37.12.100 through 37.12.140 shall
not abate by reason of the retrocession or determination of
jurisdiction. [1986 c 267 § 6.]
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.140 Quileute, Chehalis, Swinomish, and
Colville Indian reservations—Retrocession of criminal
jurisdiction—Short title. RCW 37.12.100 through
37.12.140 may be known and cited as the Indian reservation
criminal jurisdiction retrocession act. [1988 c 108 § 4; 1986
c 267 § 1.]
Severability—1986 c 267: See note following RCW 37.12.100.
37.12.150 Retrocession of federal jurisdiction over
lands excluded from Olympic National Park. The state of
Washington hereby accepts retrocession from the United
States of the jurisdiction which the United States acquired
over those lands excluded from the boundaries of the
Olympic National Park by 16 U.S.C. Sec. 251e. The lands
restored to the Quileute Indian Reservation by Public Law
94-578 shall be subject to the same Washington state and
tribal jurisdiction as all other lands within the Quileute
Reservation. [1988 c 108 § 5.]
Chapter 37.14
INDIAN CULTURAL FACILITY BOND ISSUE
Sections
37.14.010
37.14.020
37.14.030
37.14.040
37.14.050
37.14.900
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Anticipation notes—Proceeds of bonds and notes.
Administration of proceeds.
Retirement of bonds from Indian cultural center construction
bond redemption fund—Source—Remedies of bond
holders.
Legal investment for public funds.
Severability—1975-’76 2nd ex.s. c 128.
37.14.010 General obligation bonds—Authorized—
Issuance, sale, terms, etc. Solely for the purpose of
providing a matching grant for the planning, design, acquisition, construction, furnishing, equipping, remodeling, and
landscaping of a regional Indian cultural, educational, tourist,
and economic development facility designated as the
[Title 37 RCW—page 6]
"people’s lodge," the state finance committee is authorized
to issue general obligation bonds of the state of Washington
in the sum of one million dollars or so much thereof as shall
be required to finance that portion of the grant by the state
for said project as is set forth by appropriation from the
Indian cultural center construction account in the state
treasury for such purposes, to be paid and discharged within
thirty years of the date of issuance in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington. All earnings of investments of balances in the
Indian cultural center construction account shall be credited
to the general fund.
If one hundred fifteen thousand dollars or more in
additional federal and/or private funding is not secured
within five years of September 1, 1979, and applied toward
the completion of the "people’s lodge," ownership of the
property and/or facility developed with the proceeds of the
bonds issued under this section shall be transferred to the
state. Expenditure of these bond proceeds shall be conditioned on prior approval by the director of general administration of any real estate acquisitions and of construction
plans for any building and/or grounds projects. The
director’s approval shall be based on a finding that any real
estate to be acquired is appraised at or above the purchase
price, that any construction plans for building and/or grounds
projects provide for completion of any facilities contemplated therein, and that there are funds in an amount sufficient
to finish the project so that it is fully operational for its
intended uses.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and
issuance thereof.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and
contain an unconditional promise to pay the principal and
interest when due. The committee may provide that the
bonds, or any of them, may be called prior to the due date
thereof under such terms and conditions as it may determine.
The state finance committee may authorize the use of
facsimile signatures in the issuance of the bonds. [1985 c 57
§ 20; 1983 1st ex.s. c 54 § 7; 1979 ex.s. c 246 § 1; 1975-’76
2nd ex.s. c 128 § 1.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1983 1st ex.s. c 54: See RCW 43.83.196.
37.14.020 Anticipation notes—Proceeds of bonds
and notes. At the time the state finance committee determines to issue such bonds authorized in RCW 37.14.010 or
a portion thereof, it may issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of the bonds, which notes shall be designated
as "anticipation notes". The proceeds from the sale of bonds
and notes authorized by this chapter shall be deposited in the
Indian cultural center construction account of the general
fund hereby created in the state treasury and shall be used
exclusively for the purposes specified in this chapter and for
the payment of expenses incurred in the issuance and sale of
such bonds and notes: PROVIDED, Such portion of the
proceeds of the sale of such bonds as may be required for
the payment of the principal and interest on such anticipation
(2002 Ed.)
Indian Cultural Facility Bond Issue
notes as have been issued, shall be deposited in the bond
redemption fund created in RCW 37.14.040. [1975-’76 2nd
ex.s. c 128 § 2.]
37.14.030 Administration of proceeds. The principal
proceeds from the sale of the bonds authorized in this
chapter and deposited in the Indian cultural center construction account in the general fund shall be administered
by the executive director of the arts commission. [1975-’76
2nd ex.s. c 128 § 3.]
37.14.040 Retirement of bonds from Indian cultural
center construction bond redemption fund—Source—
Remedies of bond holders. The Indian cultural center construction bond redemption fund of 1976 is hereby created in
the state treasury, which fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds and
notes authorized by this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
needed in the ensuing twelve months to meet bond retirement and interest requirements, and on July 1st of each year
the state treasurer shall deposit such amount in the Indian
cultural center construction bond redemption fund of 1976
from any general state revenues received in the state treasury
and certified by the state treasurer to be general state revenues.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
payment of funds as directed herein. [1975-’76 2nd ex.s. c
128 § 4.]
37.14.050 Legal investment for public funds. The
bonds authorized by this chapter shall be a legal investment
for all state funds or for funds under state control and all
funds of municipal corporations. [1975-’76 2nd ex.s. c 128
§ 5.]
37.14.900 Severability—1975-’76 2nd ex.s. c 128. If
any provision of this 1976 act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or
circumstances is not affected. [1975-’76 2nd ex.s. c 128 §
6.]
37.14.020
Most of the sections in this chapter were subsequently repealed by 1971 c
76 § 6.
Appropriation authorized in aid of federal or state improvement: RCW
8.08.090.
Condemnation for military purposes: RCW 8.04.170, 8.04.180.
Eminent domain by counties: Chapter 8.08 RCW.
Joint armory sites: RCW 36.64.050.
Lease or conveyance to the state or to United States for military, housing
and other purposes: RCW 36.34.250.
Leases to United States for national defense: RCW 79.08.120.
Long term leases to United States by counties: RCW 36.34.310.
Tide and shore land grants to United States: RCW 79.94.410 through
79.94.440.
Transfer of property to state or United States for military purposes or
housing projects: RCW 36.34.260.
37.16.180 Jurisdiction ceded. Pursuant to the
Constitution and laws of the United States, and especially to
paragraph seventeen of section eight of article one of such
Constitution, the consent of the legislature of the state of
Washington is hereby given to the United States to acquire
by donation from any county acting under the provisions of
this chapter, title to all the lands herein intended to be
referred to, to be evidenced by the deed or deeds of such
county, signed by the chairman of its board of county
commissioners and attested by the clerk of such board under
the seal of such board, and the consent of the state of
Washington is hereby given to the exercise by the congress
of the United States of exclusive legislation in all cases
whatsoever, over such tracts or parcels of land so conveyed
to it: PROVIDED, Upon such conveyance being concluded,
a sufficient description by metes and bounds and an accurate
plat or map of each such tract or parcel of land be filed in
the auditor’s office of the county in which such lands are
situated, together with copies of the orders, deeds, patents,
or other evidences in writing of the title of the United States:
AND PROVIDED, That all civil process issued from the
courts of this state, and such criminal process as may issue
under the authority of this state against any person charged
with crime in cases arising outside of such reservation, may
be served and executed thereon in the same mode and
manner and by the same officers as if the consent herein
given had not been made. [1917 c 4 § 22; no RRS.
Formerly RCW 37.08.180.]
General cession of jurisdiction: Chapter 37.04 RCW.
Jurisdiction in special cases: Chapter 37.08 RCW.
Chapter 37.16
ACQUISITION OF LANDS FOR PERMANENT
MILITARY INSTALLATIONS
Sections
37.16.180 Jurisdiction ceded.
Reviser’s note: Chapter 4, Laws of 1917, herein codified as chapter
37.16 RCW, is discussed in State ex rel. Board of Commissioners v.
Clausen, 95 Wash. 214, 163 Pac. 744 (1917), where it is considered in
conjunction with 1917 c 3, a special act authorizing (and directing) Pierce
county to condemn property and issue bonds in payment of awards therefor
in order to secure the location of Camp (now Fort) Lewis in that county.
In prior compilations, Remington omitted 1917 c 4, and Pierce omitted all
but section 22, ceding the state’s jurisdiction to the United States. 1917 c
4 appears to have been a general act and for that reason was codified herein.
(2002 Ed.)
[Title 37 RCW—page 7]
Title 38
MILITIA AND MILITARY AFFAIRS
Chapters
38.04
38.08
38.10
38.12
38.14
38.16
38.20
38.24
38.32
38.36
38.38
38.40
38.44
38.48
38.52
38.54
Military personnel classified as resident students: RCW 28B.15.014.
General provisions.
Powers and duties of governor.
Emergency management assistance compact.
Militia officers and advisory council.
Washington state guard.
Enlistments and reserves.
Armories and rifle ranges.
Claims and compensation.
Offenses—Punishment.
Trial procedure.
Washington code of military justice.
Miscellaneous provisions.
Enrollment of persons.
State and national defense.
Emergency management.
State fire services mobilization.
Explosives, manufacture, sale or storage: Chapter 70.74 RCW.
Limitation on members of the legislature holding office in the state—
Exception: State Constitution Art. 2 § 14.
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
Military subordinate to civil power: State Constitution Art. 1 § 18.
National guard conditional scholarship program: Chapter 28B.103 RCW.
Quartering soldiers in residences: State Constitution Art. 1 § 31.
Right to bear arms: State Constitution Art. 1 § 24.
Special act relating to aerospace science and modeling center at Camp
Murray: 1969 ex.s. c 85.
SPECIAL ACTS RELATING TO ARMORIES: The following special or
temporary acts relating to particular armories are not codified herein:
(1) 1959 c 181; 1961 c 135; 1963 c 146, Seattle.
(2) 1967 c 37, Prosser.
(3) 1967 c 43, Centralia.
(4) 1967 c 44, Chewelah.
(5) 1967 c 214, Stevens County.
(6) 1967 c 224, Tacoma and Pierce County.
(7) 1967 c 226, Yakima.
(8) 1969 ex.s. c 22, Kirkland.
Special legislation: State Constitution Art. 2 § 28(2).
Standing army in time of peace prohibited: State Constitution Art. 1 § 31.
State flag furnished to armed forces: RCW 1.20.010.
State militia: State Constitution Art. 10.
Veterans and veterans’ affairs: Title 73 RCW.
Chapter 38.04
GENERAL PROVISIONS
Sections
38.04.010
38.04.020
General definitions.
"Officer," "enlisted men," "enlisted persons" defined—
Convictions and punishments.
38.04.030 Composition of the militia.
38.04.040 Composition of organized militia.
Acknowledgments and powers of attorney of military personnel: Chapter
73.20 RCW.
(2002 Ed.)
38.04.010 General definitions. When used in this
title, the following words, terms, phrases shall have the
following meaning:
The word "militia" shall mean the military forces
provided for in the Constitution and laws of the state of
Washington.
The term "organized militia" shall be the general term
to include both state and national guard and whenever used
applies equally to all such organizations.
The term "national guard" shall mean that part of the
military force of the state that is organized, equipped and
federally recognized under the provisions of the national
defense act of the United States, and, in the event the
national guard is called into federal service or in the event
the state guard or any part or individual member thereof is
called into active state service by the commander-in-chief,
the term shall also include the "Washington state guard" or
any temporary organization set up in times of emergency to
replace either the "national guard" or "state guard" while in
actual service of the United States.
The term "state guard" shall mean that part of the
military forces of the state that is organized, equipped, and
recognized under the provisions of the State Defense Forces
Act of the United States (32 U.S.C. Sec. 109, as amended).
The term "active state service" or "active training duty"
shall be construed to be any service on behalf of the state,
or at encampments whether ordered by state or federal
authority or any other duty requiring the entire time of any
organization or person except when called or drafted into the
federal service by the president of the United States.
The term "inactive duty" shall include periods of drill
and such other training and service not requiring the entire
time of the organization or person, as may be required under
state or federal laws, regulations, or orders, including travel
to and from such duty.
The terms "in service of United States" and "not in
service of United States" as used herein shall be understood
to mean the same as such terms when used in the national
defense act of congress and amendments thereto.
The term "military" refers to any or all of the armed
forces.
The term "armory" refers to any state-owned building,
warehouse, vehicle storage compound, organizational
maintenance shop or other facility and the lands appurtenant
thereto used by the Washington national guard for the
storage and maintenance of arms or military equipment or
the administration or training of the organized militia.
The term "member" refers to a soldier or airman of the
organized militia. [1991 c 43 § 1; 1989 c 19 § 1; 1963 c
220 § 133; 1943 c 130 § 12; Rem. Supp. 1943 § 8603-12.
[Title 38 RCW—page 1]
38.04.010
Title 38 RCW: Militia and Military Affairs
Prior: 1917 c 107 §§ 1, part, 3, part; 1909 c 134 § 10, part;
1895 c 108 § 10, part.]
Short title: "This act shall be known as the Military Code of the state
of Washington." [1943 c 130 § 1.]
Severability—1943 c 130: "If any provisions of this act or the
application thereof to any person or circumstances is held invalid for any
reason, such determination shall not affect other provisions or applications
of the act which can be given effect without the invalid provisions, and to
this end, the provisions of this act are declared to be severable." [1943 c
130 § 95.]
Martial law: RCW 38.08.030.
38.04.020 "Officer," "enlisted men," "enlisted
persons" defined—Convictions and punishments.
Whenever used in this title, the word "officer" shall be
understood to designate commissioned and warrant officers,
and the words "enlisted men" or "enlisted persons" shall be
understood to designate members of the organized militia of
Washington other than commissioned or warrant officers.
The convictions and punishments mentioned unless otherwise
specifically designated, shall be understood to be respectively
convictions and punishments by military courts. [1989 c 19
§ 2; 1943 c 130 § 80; Rem. Supp. 1943 § 8603-80. Prior:
1917 c 107 § 60.]
38.04.030 Composition of the militia. The militia of
the state of Washington shall consist of all able bodied
citizens of the United States and all other able bodied
persons who have declared their intention to become
citizens of the United States, residing within this state, who
shall be more than eighteen years of age, and shall include
all persons who are members of the national guard and the
state guard, and said militia shall be divided into two classes,
the organized militia and the unorganized militia. [1989 c
19 § 3; 1973 1st ex.s. c 154 § 55; 1963 c 74 § 1; 1943 c
130 § 2; Rem. Supp. 1943 § 8603-2. Prior: 1917 c 107 §
1; 1909 c 134 § 2; 1895 c 108 § 2.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Militia—Who liable to military duty: State Constitution Art. 10 § 1.
38.04.040 Composition of organized militia. The
organized militia of Washington shall consist of the commissioned officers, warrant officers, enlisted persons, organizations, staffs, corps, and departments of the regularly commissioned, warranted and enlisted militia of the state,
organized and maintained pursuant to law. Its numerical
strength, composition, distribution, organization, arms,
uniforms, equipment, training and discipline shall be prescribed by the governor in conformity with, and subject to
the limitations imposed by the laws and regulations of the
United States and the laws of this state: PROVIDED,
HOWEVER, That the minimum enlisted strength of the
organized militia of this state shall never be less than two
thousand. The organized militia may include persons
residing outside the state of Washington. [1989 c 19 § 4;
1943 c 130 § 4; Rem. Supp. 1943 § 8603-4. Prior: 1917 c
107 § 3. Cf. 1909 c 108 § 10, part; 1895 c 108 § 10, part.]
[Title 38 RCW—page 2]
Chapter 38.08
POWERS AND DUTIES OF GOVERNOR
Sections
38.08.010
38.08.020
Conformance with federal laws.
Governor as commander-in-chief—Adjutant general executive head.
38.08.030 Proclamation of complete or limited martial law.
38.08.040 Governor may order out organized militia.
38.08.050 Governor may order out unorganized militia.
38.08.060 Governor’s decision final.
38.08.070 Personal staff for governor.
38.08.090 Governor to promulgate rules.
38.08.100 Compacts with other states for guarding boundaries.
38.08.500 National guard mutual assistance counter-drug activities
compact.
Commander-in-chief: State Constitution Art. 3 § 8.
Commander-in-chief may order enrollment: RCW 38.44.010.
Militia—Organization—Discipline—Officers—Power to call out: State
Constitution Art. 10 § 2.
38.08.010 Conformance with federal laws. The
governor shall cause the organized militia of this state at all
times to conform to all federal laws and regulations as are
now or may hereafter from time to time become operative
and applicable, notwithstanding anything in the laws of this
state to the contrary. Except as and when otherwise specifically provided by federal laws, the organized militia of
Washington, or any part thereof, shall be subject to call for
United States service at such times, in such manner, and in
such numbers as may from time to time be prescribed by the
United States.
In conformity with the provisions of federal statutes,
officers and enlisted persons of the organized militia called
or drafted into federal service by order or proclamation of
the president of the United States, shall upon release from
federal service revert to their former status, grade and rank,
as members of the organized militia of Washington, and
shall continue to serve in the organized militia of Washington until separated therefrom in the manner provided by law.
[1989 c 19 § 5; 1943 c 130 § 5; Rem. Supp. 1943 § 8603-5.
Prior: 1921 c 75 § 1; 1917 c 107 § 4; 1909 c 134 § 93;
1895 c 108 § 170.]
38.08.020 Governor as commander-in-chief—
Adjutant general executive head. The militia of the state
not in the service of the United States shall be governed and
its affairs administered pursuant to law, by the governor, as
commander-in-chief, through the adjutant general’s department, of which the adjutant general shall be the executive
head. [1961 c 210 § 1; 1943 c 130 § 3; Rem. Supp. 1943
§ 8603-3. Prior: 1917 c 107 § 2; 1909 c 134 §§ 13, 14;
1895 c 108 § 13.]
Governor commander-in-chief: State Constitution Art. 3 § 8.
38.08.030 Proclamation of complete or limited
martial law. The governor may by proclamation declare the
county or city in which troops are serving, or any specific
portion thereof, to be under either complete or limited
martial law to the extent, in his or her opinion, that the
reestablishment or maintenance of law and order may be
promoted.
(2002 Ed.)
Powers and Duties of Governor
"Complete martial law" is the subordination of all civil
authority to the military;
"Limited military law" is a partial subordination of civil
authority by the setting up of an additional police power
vested in the military force which shall have the right to try
all persons apprehended by it in such area by a military
tribunal or turn such offender over to civil authorities within
five days for further action, during which time the writ of
habeas corpus shall be suspended in behalf of such person.
[1989 c 19 § 6; 1943 c 130 § 8; Rem. Supp. 1943 § 86038.]
38.08.040 Governor may order out organized
militia. In event of war, insurrection, rebellion, invasion,
tumult, riot, mob, or organized body acting together by force
with intent to commit a felony or to offer violence to
persons or property, or by force and violence to break and
resist the laws of this state, or the United States, or in case
of the imminent danger of the occurrence of any of said
events, or at the lawful request of competent state or local
authority in support of enforcement of controlled substance
statutes, or whenever responsible civil authorities shall, for
any reason, fail to preserve law and order, or protect life or
property, or the governor believes that such failure is imminent, or in event of public disaster, the governor shall have
power to order the organized militia of Washington, or any
part thereof, into active service of the state to execute the
laws, and to perform such duty as the governor shall deem
proper. [1993 c 263 § 1; 1989 c 19 § 7; 1943 c 130 § 6;
Rem. Supp. 1943 § 8603-6. Prior: 1917 c 107 § 7; 1913 c
66 § 2; 1909 c 134 § 15.]
38.08.050 Governor may order out unorganized
militia. In event of, or imminent danger of, war, insurrection, rebellion, invasion, tumult, riot, resistance to law or
process or breach of the peace, if the governor shall have
ordered into active service all of the available forces of the
organized militia of Washington and shall consider them
insufficient in number to properly accomplish the purpose,
he or she may then in addition order out the unorganized
militia or such portion thereof as he may deem necessary,
and cause them to perform such military duty as the circumstances may require. [1989 c 19 § 8; 1943 c 130 § 9; Rem.
Supp. 1943 § 8603-9. Prior: 1917 c 107 § 9; 1909 c 134 §
17; 1903 c 155 § 15; 1895 c 108 § 112.]
38.08.060 Governor’s decision final. Whenever any
portion of the militia is ordered to duty by the governor, the
decision of the governor shall be final, incontrovertible, and
unimpeachable.
Whenever any portion of the militia has been ordered
out by the governor, it shall be deemed that local law and
order and the enforcement thereof has failed, and that the
militia shall become an additional police power, retaining its
separate entity and operating at all times as a military
organization under military command, to cooperate with
existing peace forces wherever possible, for the reestablishment of law and order and for the protection of life and
property. [1943 c 130 § 7; Rem. Supp. 1943 § 8603-7.]
(2002 Ed.)
38.08.030
38.08.070 Personal staff for governor. Whenever the
governor shall desire the attendance of a personal staff upon
any occasion, he or she shall detail therefor officers from the
active list of the organized militia of Washington; the
officers detailed shall attend in uniform and shall constitute
the personal staff of the governor for that occasion, reverting
upon completion of such duty to their regular assignments.
[1989 c 19 § 9; 1943 c 130 § 15; Rem. Supp. 1943 § 860315. Prior: 1917 c 107 § 6; 1909 c 134 § 14. Cf. 1895 c
108 § 13, part.]
38.08.090 Governor to promulgate rules. The
governor, through the adjutant general, shall promulgate in
orders such rules and amendments not inconsistent with law
as the governor may deem necessary for the organization,
maintenance and training of the militia, and the acquisition,
use, issue or disposal of military property. The governor’s
regulatory powers herein with respect to military property
shall include reasonable authority to make regulations
controlling the use and temporary disposal of military
property including real property for civic purposes where
consistent with federal law and regulations, in a manner
similar to the law pertaining to the use of armories. The
adopted regulations shall have the same force and effect as
if enacted. [1989 c 19 § 10; 1969 ex.s. c 86 § 1; 1943 c
130 § 92; Rem. Supp. 1943 § 8603-92. Prior: 1917 c 107
§ 123; 1909 c 134 § 94; 1895 c 108 § 171.]
Commander-in-chief authorized to make rules for specific armories (special
or temporary acts not codified in this title):
(1) 1907 c 55 § 11, Armories at Seattle, Spokane and Tacoma;
(2) 1909 c 68 § 10, Armory at Bellingham;
(3) 1913 c 67 § 9, Armory at North Yakima;
(4) 1917 c 108 § 9, Armory at Walla Walla;
(5) 1917 c 109 § 9, Armory at Aberdeen;
(6) 1917 c 166 § 9, Armory at Everett.
38.08.100 Compacts with other states for guarding
boundaries. The governor, with consent of congress, is
authorized to enter into compacts and agreements with
governors of bordering states concerning guarding and patrol
of bridges crossing the common boundaries of said states,
and for the patrol of said common boundaries. In any such
compact or agreement the governor is authorized to permit
militia of any bordering state to enter into areas of this state
adjacent to said border, or to send militia of this state into
areas of any bordering state adjacent to the common boundary as may be necessary to provide effective protection.
[1951 c 253 § 1.]
38.08.500 National guard mutual assistance counter-drug activities compact. (1) The governor, with the
consent of congress, is authorized to enter into compacts and
agreements for the deployment of the national guard with
governors of other states concerning drug interdiction,
counter-drug, and demand reduction activities. Article 1,
section 10 of the Constitution of the United States permits a
state to enter into a compact or agreement with another state,
subject to the consent of congress. Congress, through enactment of Title 4 of the U.S.C. Section 112, encourages the
states to enter such compacts for cooperative effort and
mutual assistance.
[Title 38 RCW—page 3]
38.08.500
Title 38 RCW: Militia and Military Affairs
(2) The compact language contained in this subsection is intended to deal comprehensively with the supportive
relationships between states in utilizing national guard assets
in counter-drug activities.
NATIONAL GUARD MUTUAL ASSISTANCE
COUNTER-DRUG ACTIVITIES COMPACT
ARTICLE I
PURPOSE
The purposes of this compact are to:
(a) Provide for mutual assistance and support among the
party states in the utilization of the national guard in drug
interdiction, counter-drug, and demand reduction activities.
(b) Permit the national guard of this state to enter into
mutual assistance and support agreements, on the basis of
need, with one or more law enforcement agencies operating
within this state, for activities within this state, or with a
national guard of one or more other states, whether said
activities are within or without this state in order to facilitate
and coordinate efficient, cooperative enforcement efforts
directed toward drug interdiction, counter-drug activities, and
demand reduction.
(c) Permit the national guard of this state to act as a
receiving and a responding state as defined within this
compact and to ensure the prompt and effective delivery of
national guard personnel, assets, and services to agencies or
areas that are in need of increased support and presence.
(d) Permit and encourage a high degree of flexibility in
the deployment of national guard forces in the interest of
efficiency.
(e) Maximize the effectiveness of the national guard in
those situations that call for its utilization under this compact.
(f) Provide protection for the rights of national guard
personnel when performing duty in other states in counterdrug activities.
(g) Ensure uniformity of state laws in the area of
national guard involvement in interstate counter-drug
activities by incorporating said uniform laws within the compact.
ARTICLE II
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted
into law by any two states. Thereafter, this compact shall
become effective as to any other state upon its enactment
thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the governor of the
withdrawing state has given notice in writing of such
withdrawal to the governors of all other party states.
ARTICLE III
MUTUAL ASSISTANCE AND SUPPORT
(a) As used in this article:
(1) "Drug interdiction and counter-drug activities" means
the use of national guard personnel, while not in federal
service, in any law enforcement support activities that are
intended to reduce the supply or use of illegal drugs in the
[Title 38 RCW—page 4]
United States. These activities include, but are not limited
to:
(i) Providing information obtained during either the
normal course of military training or operations or during
counter-drug activities, to federal, state, or local law enforcement officials that may be relevant to a violation of any
federal or state law within the jurisdiction of such officials;
(ii) Making available any equipment, including associated supplies or spare parts, base facilities, or research
facilities of the national guard to any federal, state, or local
civilian law enforcement official for law enforcement
purposes, in accordance with other applicable law or regulation;
(iii) Providing available national guard personnel to train
federal, state, or local civilian law enforcement in the
operation and maintenance of equipment, including equipment made available above, in accordance with other
applicable law;
(iv) Providing available national guard personnel to
operate and maintain equipment provided to federal, state, or
local law enforcement officials pursuant to activities defined
and referred to in this compact;
(v) Operation and maintenance of equipment and
facilities of the national guard or law enforcement agencies
used for the purposes of drug interdiction and counter-drug
activities;
(vi) Providing available national guard personnel to
operate equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic, to
facilitate communications in connection with law enforcement programs, to provide transportation for civilian law
enforcement personnel, and to operate bases of operations
for civilian law enforcement personnel;
(vii) Providing available national guard personnel,
equipment, and support for administrative, interpretive,
analytic, or other purposes;
(viii) Providing available national guard personnel and
equipment to aid federal, state, and local officials and
agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice
system who have been arrested for criminal acts involving
the use, distribution, or transportation of controlled substances as defined in 21 U.S.C. Sec. 801 et seq., or otherwise by
law, in accordance with other applicable law.
(2) "Demand reduction" means providing available
national guard personnel, equipment, support, and coordination to federal, state, local, and civic organizations, institutions and agencies for the purposes of the prevention of drug
abuse and the reduction in the demand for illegal drugs.
(3) "Requesting state" means the state whose governor
requested assistance in the area of counter-drug activities.
(4) "Responding state" means the state furnishing
assistance, or requested to furnish assistance, in the area of
counter-drug activities.
(5) "Law enforcement agency" means a lawfully
established federal, state, or local public agency that is
responsible for the prevention and detection of crime and the
enforcement of penal, traffic, regulatory, game, immigration,
postal, customs, or controlled substances laws.
(6) "Official" means the appointed, elected, designated,
or otherwise duly selected representative of an agency,
(2002 Ed.)
Powers and Duties of Governor
institution, or organization authorized to conduct those
activities for which support is requested.
(7) "Mutual assistance and support agreement" or
"agreement" means an agreement between the national guard
of this state and one or more law enforcement agencies or
between the national guard of this state and the national
guard of one or more other states, consistent with the
purposes of this compact.
(8) "Party state" refers to a state that has lawfully
enacted this compact.
(9) "State" means each of the several states of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, or a territory or possession of the United
States.
(b) Upon the request of a governor of a party state for
assistance in the area of interdiction and counter-drug, and
demand reduction activities, the governor of a responding
state shall have authority under this compact to send without
the borders of his or her state and place under the temporary
operational control of the appropriate national guard or other
military authorities of the requesting state, for the purposes
of providing such requested assistance, all or any part of the
national guard forces of his or her state as he or she may
deem necessary, and the exercise of his or her discretion in
this regard shall be conclusive.
(c) The governor of a party state may, within his or her
discretion, withhold the national guard forces of his or her
state from such use and recall any forces or part or member
thereof previously deployed in a requesting state.
(d) The national guard of this state is hereby authorized
to engage in interdiction and counter-drug activities and
demand reduction.
(e) The adjutant general of this state, in order to further
the purposes of this compact, may enter into a mutual
assistance and support agreement with one or more law
enforcement agencies of this state, including federal law
enforcement agencies operating within this state, or with the
national guard of one or more other party states to provide
personnel, assets, and services in the area of interdiction and
counter-drug activities and demand reduction. However, no
such agreement may be entered into with a party that is
specifically prohibited by law from performing activities that
are the subject of the agreement.
(f) The agreement must set forth the powers, rights, and
obligations of the parties to the agreement, where applicable,
as follows:
(1) Its duration;
(2) The organization, composition, and nature of any
separate legal entity created thereby;
(3) The purpose of the agreement;
(4) The manner of financing the agreement and establishing and maintaining its budget;
(5) The method to be employed in accomplishing the
partial or complete termination of the agreement and for
disposing of property upon such partial or complete termination;
(6) Provision for administering the agreement, which
may include creation of a joint board responsible for such
administration;
(7) The manner of acquiring, holding, and disposing of
real and personal property used in this agreement, if necessary;
(2002 Ed.)
38.08.500
(8) The minimum standards for national guard personnel
implementing the provisions of this agreement;
(9) The minimum insurance required of each party to
the agreement, if necessary;
(10) The chain of command or delegation of authority
to be followed by national guard personnel acting under the
provisions of the agreement;
(11) The duties and authority that the national guard
personnel of each party state may exercise; and
(12) Any other necessary and proper matters.
Agreements prepared under the provisions of this
section are exempt from any general law pertaining to
intergovernmental agreements.
(g) As a condition precedent to an agreement becoming
effective under this part, the agreement must be submitted to
and receive the approval of the office of the attorney general
of Washington. The attorney general of the state of Washington may delegate his or her approval authority to the
appropriate attorney for the Washington national guard
subject to those conditions which he or she decides are
appropriate. The delegation must be in writing and is
subject to the following:
(1) The attorney general, or his or her agent as stated
above, shall approve an agreement submitted to him or her
under this part unless he or she finds that it is not in proper
form, does not meet the requirements set forth in this part,
or otherwise does not conform to the laws of Washington.
If the attorney general disapproves an agreement, he or she
shall provide a written explanation to the adjutant general of
the Washington national guard; and
(2) If the attorney general, or his or her authorized agent
as stated above, does not disapprove an agreement within
thirty days after its submission to him or her, it is considered
approved by him or her.
(h) Whenever national guard forces of any party state
are engaged in the performance of duties, in the area of drug
interdiction, counter-drug, and demand reduction activities,
pursuant to orders, they shall not be held personally liable
for any acts or omissions which occur during the performance of their duty.
ARTICLE IV
RESPONSIBILITIES
(a) Nothing in this compact shall be construed as a
waiver of any benefits, privileges, immunities, or rights
otherwise provided for national guard personnel performing
duty pursuant to Title 32 of the United States Code nor shall
anything in this compact be construed as a waiver of
coverage provided for under the Federal Tort Claims Act.
In the event that national guard personnel performing
counter-drug activities do not receive rights, benefits,
privileges, and immunities otherwise provided for national
guard personnel as stated above, the following provisions
shall apply:
(1) Whenever national guard forces of any responding
state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall
have the same powers, duties, rights, privileges, and immunities as members of national guard forces of the requesting
state. The requesting state shall save and hold members of
the national guard forces of responding states harmless from
[Title 38 RCW—page 5]
38.08.500
Title 38 RCW: Militia and Military Affairs
civil liability, except as otherwise provided herein, for acts
or omissions that occur in the performance of their duty
while engaged in carrying out the purposes of this compact,
whether responding forces are serving the requesting state
within the borders of the responding state or are attached to
the requesting state for purposes of operational control.
(2) Subject to the provisions of paragraphs (3), (4), and
(5) of this Article, all liability that may arise under the laws
of the requesting state or the responding states, on account
of or in connection with a request for assistance or support,
shall be assumed and borne by the requesting state.
(3) Any responding state rendering aid or assistance
pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in
the operation of, any equipment answering a request for aid,
and for the cost of the materials, transportation, and maintenance of national guard personnel and equipment incurred in
connection with such request, provided that nothing herein
contained shall prevent any responding state from assuming
such loss, damage, expense, or other cost.
(4) Unless there is a written agreement to the contrary,
each party state shall provide, in the same amounts and
manner as if they were on duty within their state, for pay
and allowances of the personnel of its national guard units
while engaged without the state pursuant to this compact and
while going to and returning from such duty pursuant to this
compact.
(5) Each party state providing for the payment of
compensation and death benefits to injured members and the
representatives of deceased members of its national guard
forces in case such members sustain injuries or are killed
within their own state shall provide for the payment of
compensation and death benefits in the same manner and on
the same terms in the event such members sustain injury or
are killed while rendering assistance or support pursuant to
this compact. Such benefits and compensation shall be
deemed items of expense reimbursable pursuant to paragraph
(3) of this Article.
(b) Officers and enlisted personnel of the national guard
performing duties subject to proper orders pursuant to this
compact shall be subject to and governed by the provisions
of their home state code of military justice whether they are
performing duties within or without their home state. In the
event that any national guard member commits, or is
suspected of committing, a criminal offense while performing duties pursuant to this compact without his or her home
state, he or she may be returned immediately to his or her
home state and said home state shall be responsible for any
disciplinary action to be taken. However, nothing in this
section shall abrogate the general criminal jurisdiction of the
state in which the offense occurred.
ARTICLE V
DELEGATION
Nothing in this compact shall be construed to prevent
the governor of a party state from delegating any of his or
her responsibilities or authority respecting the national guard,
provided that such delegation is otherwise in accordance
with law. For purposes of this compact, however, the
governor shall not delegate the power to request assistance
from another state.
[Title 38 RCW—page 6]
ARTICLE VI
LIMITATIONS
Nothing in this compact shall:
(a) Authorize or permit national guard units or personnel
to be placed under the operational control of any person not
having the national guard rank or status required by law for
the command in question.
(b) Deprive a properly convened court of jurisdiction
over an offense or a defendant merely because of the fact
that the national guard, while performing duties pursuant to
this compact, was utilized in achieving an arrest or indictment.
ARTICLE VII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is declared to be
contrary to the Constitution of the United States or of any
state or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to
any government, agency, person, or circumstance shall not
be affected thereby. If this compact shall be held contrary
to the constitution of any state participating herein, the
compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the
state affected as to all severable matters. [1993 c 263 § 2.]
Chapter 38.10
EMERGENCY MANAGEMENT
ASSISTANCE COMPACT
Sections
38.10.010
38.10.900
Emergency management assistance compact.
Severability—2001 c 288.
38.10.010 Emergency management assistance
compact. The emergency management assistance compact
is enacted and entered into by this state with all other states
legally joining the compact in the form substantially as
follows:
ARTICLE I
PURPOSES AND AUTHORITIES
This compact is made and entered into by and between
the participating party states which enact this compact. For
the purposes of this agreement, the term "states" means the
several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual
assistance between the states entering into this compact in
managing any emergency or disaster that is duly declared by
the governor of the affected state or states, whether arising
from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages,
community disorders, insurgency, or enemy attack.
(2002 Ed.)
Emergency Management Assistance Compact
This compact shall also provide for mutual cooperation
in emergency-related exercises, testing, or other training
activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by
party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include
the use of the states’ national guard forces, either in accordance with the national guard mutual assistance compact, or
by mutual agreement between states.
ARTICLE II
GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes
many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in
managing these and other emergencies under this compact.
Each state further recognizes that there will be emergencies
which require immediate access and present procedures to
apply outside resources to make a prompt and effective
response to the emergency. This is because few, if any,
individual states have all the resources they may need in all
types of emergencies or the capability of delivering resources
to areas where emergencies exist.
The prompt, full, and effective utilization of resources
of the participating states, including any resources on hand
or available from the federal government or any other
source, that are essential to the safety, care, and welfare of
the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on
which all articles of this compact shall be understood.
On behalf of the governor of each state participating in
the compact, the legally designated state official who is
assigned responsibility for emergency management will be
responsible for formulation of the appropriate interstate
mutual aid plans and procedures necessary to implement this
compact.
ARTICLE III
PARTY STATE RESPONSIBILITIES
(1) It shall be the responsibility of each party state to
formulate procedural plans and programs for interstate
cooperation in the performance of the responsibilities listed
in this article. In formulating such plans, and in carrying
them out, the party states, as is practical, shall:
(a) Review individual state hazards analyses and, to the
extent reasonably possible, determine all those potential
emergencies the party states might jointly suffer, whether
due to natural disaster, technological hazard, man-made
disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack;
(b) Review party states’ individual emergency plans and
develop a plan which will determine the mechanism for the
interstate management and provision of assistance concerning
any potential emergency;
(c) Develop interstate procedures to fill any identified
gaps and to resolve any identified inconsistencies or overlaps
in existing or developed plans;
(d) Assist in warning communities adjacent to or
crossing the state boundaries;
(e) Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue,
(2002 Ed.)
38.10.010
and critical lifeline equipment, services, and resources, both
human and material;
(f) Inventory and set procedures for the interstate loan
and delivery of human and material resources, together with
procedures for reimbursement or forgiveness;
(g) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the
implementation of the responsibilities listed in this compact.
(2) The authorized representative of a party state may
request assistance of another party state by contacting the
authorized representative of that state. The provisions of this
agreement shall only apply to requests for assistance made
by and to authorized representatives. Requests may be
verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request.
Requests shall provide the following information:
(a) A description of the emergency services function for
which assistance is needed, such as, but not limited to, fire
services, law enforcement, emergency medical, transportation, communications, public works and engineering,
building inspection, planning and information assistance,
mass care, resource support, health and medical services, and
search and rescue;
(b) The amount and type of personnel, equipment,
materials, and supplies needed, and a reasonable estimate of
the length of time they will be needed;
(c) The specific place and time for staging of the
assisting party’s response and a point of contact at that
location.
(3) There shall be frequent consultation between state
officials who have assigned emergency management responsibilities and other appropriate representatives of the party
states with affected jurisdictions and the United States
government, with free exchange of information, plans, and
resource records relating to emergency capabilities.
ARTICLE IV
LIMITATIONS
Any party state requested to render mutual aid or
conduct exercises and training for mutual aid shall take such
action as is necessary to provide and make available the
resources covered by this compact in accordance with the
terms of this compact. However, it is understood that the
state rendering aid may withhold resources to the extent
necessary to provide reasonable protection for the state.
Each party state shall afford to the emergency forces of any
party state, while operating within its state limits under the
terms and conditions of this compact, the same powers
except that of arrest unless specifically authorized by the
receiving state, duties, rights, and privileges as are afforded
forces of the state in which they are performing emergency
services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the
emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state of emergency or
disaster by the governor of the party state that is to receive
assistance or commencement of exercises or training for
mutual aid and shall continue so long as the exercise or
training for mutual aid are in progress, the state of emer[Title 38 RCW—page 7]
38.10.010
Title 38 RCW: Militia and Military Affairs
ARTICLE V
LICENSES AND PERMITS
Whenever any person holds a license, certificate, or
other permit issued by any state party to the compact
evidencing the meeting of qualifications for professional,
mechanical, or other skills, and when such assistance is
requested by the receiving party state, such person shall be
deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a
declared emergency or disaster, subject to such limitations
and conditions as the governor of the requesting state may
prescribe by executive order or otherwise.
connection with the requests. However, any aiding party
state may assume in whole or in part the loss, damage,
expense, or other cost, or may loan equipment or donate
services to the receiving party state without charge or cost;
and any two or more party states may enter into supplementary agreements establishing a different allocation of costs
among those states. Article VIII expenses may not be
reimbursable under this article.
ARTICLE X
EVACUATION
gency or disaster remains in effect, or loaned resources
remain in the receiving state or states, whichever is longer.
ARTICLE VI
LIABILITY
Officers or employees of a party state rendering aid in
another state under this compact shall be considered agents
of the requesting state for tort liability and immunity
purposes; and no party state or its officers or employees
rendering aid in another state under this compact shall be
liable on account of any act or omission in good faith on the
part of such forces while so engaged or on account of the
maintenance or use of any equipment or supplies in connection therewith. Good faith in this article may not include
willful misconduct, gross negligence, or recklessness.
ARTICLE VII
SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of
the machinery for mutual aid among two or more states may
differ from that among the states that are party to this
compact, this instrument contains elements of a broad base
common to all states, and nothing in this compact shall
preclude any state from entering into supplementary agreements with another state or affect any other agreements
already in force between states. Supplementary agreements
may comprehend, but shall not be limited to, provisions for
evacuation and reception of injured and other persons and
the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies.
ARTICLE VIII
COMPENSATION
Each party state shall provide for payment of compensation and death benefits to injured members of the emergency
forces of that state and representatives of deceased members
of such forces in case such members sustain injuries or are
killed while rendering aid under this compact, in the same
manner and on the same terms as if the injury or death were
sustained within their own state.
ARTICLE IX
REIMBURSEMENT
Any party state rendering aid in another state under this
compact shall be reimbursed by the party state receiving the
aid for any loss or damage to or expense incurred in the
operation of any equipment and the provision of any service
in answering a request for aid and for the costs incurred in
[Title 38 RCW—page 8]
Plans for the orderly evacuation and interstate reception
of portions of the civilian population as the result of any
emergency or disaster of sufficient proportions to so warrant,
shall be worked out and maintained between the party states
and the emergency management/services directors of the
various jurisdictions where any type of incident requiring
evacuation might occur. The plans shall be put into effect
by request of the state from which evacuees come and shall
include the manner of transporting evacuees, the number of
evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be
provided, the registration of evacuees, the providing of
facilities for the notification of relatives or friends, and the
forwarding of evacuees to other areas or the bringing in of
additional materials, supplies, and all other relevant factors.
Plans shall provide that the party state receiving evacuees
and the party state from which the evacuees come shall
mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for
expenditures for transportation, food, clothing, medicines and
medical care, and like items. Expenditures shall be reimbursed as agreed by the party state from which the evacuees
come. After the termination of the emergency or disaster,
the party state from which the evacuees come shall assume
the responsibility for the ultimate support of repatriation of
the evacuees.
ARTICLE XI
IMPLEMENTATION
(1) This compact shall become operative immediately
upon its enactment into law by any two states. After the
first enactment, this compact shall become effective as to
any other state upon its enactment by such state.
(2) Any party state may withdraw from this compact by
enacting a statute repealing the compact, but no withdrawal
may take effect until thirty days after the governor of the
withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. This action
may not relieve the withdrawing state from obligations
assumed under this compact before the effective date of
withdrawal.
(3) Duly authenticated copies of this compact and such
supplementary agreements as may be entered into shall, at
the time of their approval, be deposited with each of the
party states, and with the federal emergency management
agency and other appropriate agencies of the United States
government.
ARTICLE XII
ADDITIONAL PROVISIONS
(2002 Ed.)
Emergency Management Assistance Compact
Nothing in this compact shall authorize or permit the
use of military force by the national guard of a state at any
place outside that state in any emergency for which the
president is authorized by law to call into federal service the
militia, or for any purpose for which the use of the army or
the air force would in the absence of express statutory authorization be prohibited under 18 U.S.C. Sec. 1385. [2001 c
288 § 1.]
38.10.900 Severability—2001 c 288. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2001 c 288 § 2.]
Chapter 38.12
MILITIA OFFICERS AND ADVISORY COUNCIL
Sections
38.12.010
38.12.015
Adjutant general—Bond.
Department organized into separate divisions—Army national guard—Air national guard—Assistant adjutants general.
38.12.020 Powers and duties.
38.12.030 Adjutant general and assistant adjutants general—How chosen—Annual salaries—Members of judiciary eligible to
serve in guard.
38.12.060 Officers to be commissioned by the governor.
38.12.070 Examining board.
38.12.095 Appointment or promotion of commissioned officers to be
made by officer promotion board—Exceptions.
38.12.105 Criteria and guidelines for promotion of commissioned officers.
38.12.115 Officer promotion board—Meetings—Powers and duties.
38.12.125 Officer promotion board—Composition.
38.12.135 Officer promotion board—Official acts—Approval requirements—Rules.
38.12.150 Officer to take oath.
38.12.160 Oath, form of.
38.12.170 Termination of officers’ membership—Review of retention
potential.
38.12.180 Retirement of officers.
38.12.200 Uniform allowance to officers.
Militia—Organization—Discipline—Officers—Power to call out: State
Constitution Art. 10 § 2.
38.12.010 Adjutant general—Bond. The governor,
with the advice and consent of the senate, shall appoint an
adjutant general who shall be chief of staff to the governor,
and may be removed by the governor at will. The adjutant
general shall appoint the civilian employees and other
personnel of the department and may remove any of them in
accordance with applicable law.
The expenses of the adjutant general’s department,
necessary to the military service, shall be audited, allowed,
and paid as other military expenditures.
The adjutant general must execute an official bond
running to the state in the penal sum of twenty thousand
dollars conditioned for the faithful performance of his or her
duties. The bond shall be submitted to the attorney general
for approval, and when approved shall be filed in the office
of the secretary of state. The cost of the bond shall be paid
by the state.
The adjutant general may obtain and pay for, from funds
appropriated for military purposes, a surety bond or bonds
(2002 Ed.)
38.10.010
running to the state covering such officers of the organized
militia responsible to the state for money or military property, as may be advisable to insure proper accountability. The
bond or bonds shall be approved and filed in the same
manner as the adjutant general’s bond. [1989 c 19 § 11;
1981 c 338 § 3; 1957 c 250 § 2. Prior: 1943 c 130 § 16,
part; 1917 c 107 § 11, part; 1913 c 66 § 4, part; 1909 c 134
§ 27, part; 1901 c 78 § 4, part; 1895 c 108 § 38, part; Rem.
Supp. 1943 § 8603-16, part.]
38.12.015 Department organized into separate
divisions—Army national guard—Air national guard—
Assistant adjutants general. The adjutant general’s
department shall be organized into separate divisions for the
Washington army national guard and the Washington air
national guard. Each division may have a general officer at
its head who will be referred to as the assistant adjutant
general for the Washington army national guard and the
assistant adjutant general for the Washington air national
guard. [1961 c 210 § 2.]
38.12.020 Powers and duties. The adjutant general
shall:
(1) Keep rosters of all active, reserve, and retired
officers of the militia, and all other records, and papers
required to be kept and filed therein, and shall submit to the
governor such reports of the operations and conditions of the
organized militia as the governor may require.
(2) Cause the military law, and such other military
publications as may be necessary for the military service, to
be prepared and distributed at the expense of the state, to the
departments and units of the organized militia.
(3) Keep just and true accounts of all moneys received
and disbursed by him or her.
(4) Attest all commissions issued to military officers of
this state.
(5) Make out and transmit all militia reports, returns,
and communications prescribed by acts of congress or by
direction of the department of defense and the national guard
bureau.
(6) Have a seal, and all copies, orders, records, and
papers in his or her office, duly certified and authenticated
under the seal, shall be evidence in all cases in like manner
as if the originals were produced. The seal now used in the
office of the adjutant general shall be the seal of his or her
office and shall be delivered by him or her to the successor.
All orders issued from his or her office shall be authenticated with the seal.
(7) Make such regulations pertaining to the preparation
of reports and returns and to the use, maintenance, care, and
preservation of property in possession of the state for
military purposes, whether belonging to the state or to the
United States, as in his or her opinion the conditions
demand.
(8) Attend to the care, preservation, safekeeping, and
repairing of the arms, ordinance, accoutrements, equipment,
and all other military property belonging to the state, or
issued to the state by the United States for military purposes,
and keep accurate accounts thereof. Any property of the
state military department which, after proper inspection, is
found unsuitable or no longer needed for use of the state
[Title 38 RCW—page 9]
38.12.020
Title 38 RCW: Militia and Military Affairs
military forces, shall be disposed of in such manner as the
governor shall direct and the proceeds thereof used for
replacements in kind or by other needed authorized military
supplies, and the adjutant general may execute the necessary
instruments of conveyance to effect such sale or disposal.
(9) Issue the military property as the necessity of service
requires and make purchases for that purpose. No military
property shall be issued or loaned to persons or organizations
other than those belonging to the militia, except as permitted
by applicable state or federal law.
(10) Keep on file in his office the reports and returns of
military units, and all other writings and papers required to
be transmitted to and preserved at the general headquarters
of the state militia.
(11) Keep all records of volunteers commissioned or
enlisted for all wars or insurrections, and of individual
claims of citizens for service rendered in these wars or
insurrections, and he or she shall also be the custodian of all
records, relics, trophies, colors, and histories relating to such
wars now in possession of, or which may be acquired by the
state.
(12) Establish and maintain as part of his or her office
a bureau of records of the services of the organized militia
of the state, and upon request furnish a copy thereof or
extract therefrom, attested under seal of his or her office,
and such attested copy shall be prima facie proof of service,
birthplace, and citizenship.
(13) Keep a record of all real property owned or used
by the state for military purposes, and in connection therewith he or she shall have sole power to execute all leases to
acquire the use of real property by the state for military
purposes, or lease it to other agencies for use for authorized
activities. The adjutant general shall also have full power to
execute and grant easements for rights of way for construction, operation, and maintenance of utility service, water,
sewage, and drainage for such realty. [1989 c 19 § 12; 1977
c 75 § 32; 1957 c 250 § 3. Prior: 1943 c 130 § 16, part;
1917 c 107 § 11, part; 1913 c 66 § 4, part; 1909 c 134 § 27,
part; 1901 c 78 § 4, part; 1895 c 108 § 38, part; Rem. Supp.
1943 § 8603-16, part.]
38.12.030 Adjutant general and assistant adjutants
general—How chosen—Annual salaries—Members of
judiciary eligible to serve in guard. Whenever a vacancy
has occurred, or is about to occur in the office of the
adjutant general, the governor shall order to active service
for that position from the active list of the Washington army
national guard or Washington air national guard an officer
not below the rank of a field grade officer who has had at
least ten years service as an officer on the active list of the
Washington army national guard or the Washington air
national guard during the fifteen years next prior to such
detail. The officer so detailed shall during the continuance
of his or her service as the adjutant general hold the rank of
a general officer.
Whenever a vacancy has occurred, or is about to occur,
in the offices of assistant adjutants general for the Washington army national guard or the Washington air national
guard, the adjutant general with the concurrence of the
governor may appoint an officer of the army national guard
or the air national guard, who has had at least ten years
[Title 38 RCW—page 10]
service in the active list of his respective branch during the
fifteen years next prior to such detail. The officer so
detailed, may during the continuance of his service as assistant adjutant general hold the rank of a general officer.
If, by reason of the call or draft of officers of the
Washington army national guard and/or air national guard
into federal service, there is no officer of the Washington
national guard available for detail as the adjutant general or
as an assistant adjutant general who possesses the requisite
qualifications, the governor may appoint any officer or
former officer of the organized militia of Washington as
acting adjutant general or as an acting assistant adjutant
general. If the officers on detail as the adjutant general or
as assistant adjutants general are appointed, called, or drafted
into the military service of the United States by order or
proclamation of the president, they shall be granted leaves of
absence by the governor, and are entitled, upon release from
federal service, to return to their former status as adjutant
general or as assistant adjutants general of Washington, and
during the period that they are in federal service, the duties
of these offices shall be performed by an acting adjutant
general and acting assistant adjutants general, appointed by
the governor, as provided in this section, who shall receive
the same pay provided for the adjutant general and/or
assistant adjutants general respectively, during the period of
such assignments.
The adjutant general shall receive an annual salary equal
to the base pay of a major general in the United States army.
The assistant adjutant general for the Washington army
national guard and the assistant adjutant general for the
Washington air national guard shall each receive an annual
salary equal to the base pay of an officer of equivalent grade
in the United States army or United States air force but not
to exceed that of a brigadier general. So long as a member
of the judiciary of the state of Washington is available for
judicial work at such times and under such conditions as
may be set forth by local rules and custom, that member
may serve as an active member of the national guard or air
national guard. [1989 c 19 § 13; 1983 c 218 § 1; 1965 ex.s.
c 100 § 1; 1961 c 210 § 3; 1943 c 130 § 21; Rem. Supp.
1943 § 8603-21. Prior: 1921 c 75 § 2; 1917 c 107 § 14;
1909 c 134 § 31, part; 1895 c 108 § 42, part.]
38.12.060 Officers to be commissioned by the
governor. All commissioned and warrant officers of the
organized militia of Washington shall be appointed and commissioned or warranted by the governor only as hereinafter
provided. No person shall be so appointed and commissioned or warranted unless he or she shall be a citizen of the
United States and of this state and more than eighteen years
of age. Every commissioned and warranted officer shall
hold office under his or her commission or warrant until he
or she shall have been regularly appointed and commissioned
or warranted to another rank or office, or until he or she
shall have been regularly retired, discharged, dismissed or
placed in the reserve. [1989 c 19 § 14; 1971 ex.s. c 292 §
41; 1943 c 130 § 19; Rem. Supp. 1943 § 8603-19. Prior:
1917 c 107 § 12, part; 1909 c 134 § 31, part; 1895 c 108 §
42, part.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
(2002 Ed.)
Militia Officers and Advisory Council
38.12.070 Examining board. No person shall be
appointed and commissioned or warranted to any office in
the organized militia of Washington unless he or she shall
have been examined and adjudged qualified therefor by an
examining board, appointed by the adjutant general, and
whose report shall have been approved by the authority
appointing the board. The composition, appointment and
procedure of examining boards and the nature and scope of
examinations shall be as prescribed by the laws or regulations of the United States or those of this state. Whenever
a commissioned officer shall have been examined for
promotion pursuant to this section and shall have been
adjudged not qualified therefor, upon approval by the
authority appointing the board of its report to that effect such
officer may be honorably discharged, retired or placed in the
reserve as the governor shall direct. [1989 c 19 § 15; 1943
c 130 § 20; Rem. Supp. 1943 § 8603-20. Prior: 1917 c 107
§ 13; 1909 c 134 § 32; 1895 c 108 § 53.]
38.12.095 Appointment or promotion of commissioned officers to be made by officer promotion board—
Exceptions. Whenever a commissioned officer is to be
appointed or promoted either to fill a vacancy in the organized militia (Washington army national guard, Washington
air national guard and the Washington state guard) or for any
other reason, the officer to be appointed or promoted shall
be selected by the officer promotion board. This selection
in no way will change the powers of the governor under
RCW 38.12.060. This section in no way applies to appointments or promotions to adjutant general or assistant
adjutant general, to the appointment of officers to the rank
of captain, lieutenant, or warrant officer, or to the promotion
of second lieutenants, first lieutenants, or warrant officers.
[1989 c 19 § 16; 1974 ex.s. c 34 § 1.]
38.12.105 Criteria and guidelines for promotion of
commissioned officers. All promotions of commissioned
officers in the organized militia will be made on a bestqualified basis. The officer promotion board will select the
best-qualified officer for each promotion from among those
officers fully qualified for promotion. To be promoted, the
selected officer must also meet the requirements of RCW
38.12.070. In no event will seniority be the sole guideline
for selecting the officer to be promoted. The officer
promotion board will, in determining the best qualified
officer, consider the overall qualifications of an officer and
not just the qualifications for one position. [1974 ex.s. c 34
§ 2.]
38.12.115 Officer promotion board—Meetings—
Powers and duties. The officer promotion board will meet
from time to time as directed by the adjutant general. The
board will select the best qualified officer for each promotion to be made in the organized militia, and will do any
other act pertaining thereto directed by the adjutant general
or allowed or directed by statute. [1989 c 19 § 17; 1974
ex.s. c 34 § 3.]
38.12.125 Officer promotion board—Composition.
The officer promotion board shall be composed as follows:
(2002 Ed.)
38.12.070
(1) For promotions or appointments of army national
guard officers, the board will consist of the adjutant general,
the assistant adjutant general army, and the five commanders
senior in grade and date of rank in that grade in the Washington army national guard. If the board is selecting an
officer for promotion to the rank of colonel, any member of
the board who is a lieutenant colonel will be automatically
disqualified and will not be replaced. If the board is selecting an officer for promotion to the rank of brigadier general,
any member of the board who is a lieutenant colonel or who
is a colonel will be automatically disqualified and will not be
replaced.
(2) For promotions or appointments of air national guard
officers, the board will consist of the adjutant general, the
assistant adjutant general air, and the five commanders
senior in grade and date of rank in that grade in the Washington air national guard. If the board is selecting an officer
for promotion to the rank of colonel, any member of the
board who is a lieutenant colonel will be automatically
disqualified and will not be replaced. If the board is selecting an officer for promotion to the rank of brigadier general,
any member of the board who is a lieutenant colonel or who
is a colonel will be automatically disqualified and will not be
replaced.
(3) For promotions or appointments of state guard
officers, the board will consist of the adjutant general, the
assistant adjutant general army, and the five officers senior
in grade and in date of rank in that grade in the state guard.
If the board is selecting an officer for promotion to the rank
of colonel, any member of the board who is a lieutenant
colonel will be automatically disqualified and will not be
replaced. If the board is selecting an officer for promotion
to the rank of brigadier general, any member of the board
who is a lieutenant colonel or who is a colonel will be
automatically disqualified and will not be replaced. [1989 c
19 § 18; 1974 ex.s. c 34 § 4.]
38.12.135 Officer promotion board—Official acts—
Approval requirements—Rules. To be an official act of
the officer promotion board, an act of that board must be
approved by not less than four of the members of the board:
PROVIDED, HOWEVER, That if the board consists of less
than four officers, the approval of the board shall be unanimous.
An action of an officer promotion board may be an
official act of the board without a meeting if all members of
the board approve in writing the act in question.
The adjutant general will from time to time fix the rules
under which the board will operate. [1974 ex.s. c 34 § 5.]
38.12.150 Officer to take oath. Every officer, duly
commissioned or warranted shall within such time as may be
provided by law or by regulations, take the oath of office
prescribed by law, and give bond, if required. In case of
neglect or refusal so to do, the officer shall be considered to
have resigned such office and a new appointment may be
made as provided by law. [1989 c 19 § 19; 1943 c 130 §
29; Rem. Supp. 1943 § 8603-29. Prior: 1917 c 107 § 26;
1909 c 134 § 36, part; 1895 c 108 § 51.]
[Title 38 RCW—page 11]
38.12.160
Title 38 RCW: Militia and Military Affairs
38.12.160 Oath, form of. The oath of office for
commissioned and warrant officers in the organized militia
of Washington shall be substantially as follows: "I, . . . . . .,
do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the state
of Washington, against all enemies, foreign or domestic; that
I will bear true faith and allegiance to the same; that I will
obey the orders of the president of the United States and of
the governor of the state of Washington, that I make this
obligation freely, without any mental reservation or purpose
of evasion, and that I will well and faithfully discharge the
duties of the office of . . . . . . in the organized militia of the
state of Washington upon which I am about to enter, so help
me God." [1943 c 130 § 30; Rem. Supp. 1943 § 8603-30.
Prior: 1917 c 107 § 27; 1909 c 134 § 37.]
(1) Unfitness for military service by reason of permanent physical disability.
(2) Upon request after at least five years continuous
service as an officer in the organized militia of Washington.
Commissioned officers of the state guard shall upon
reaching the age of sixty-four years be retired.
Retired officers shall draw no pay or allowance from the
state unless recalled to service.
Retired officers are subject, with their consent, to
temporary detail on active state service by the commanderin-chief, and while on such duty shall receive the same pay
and allowances as officers of like rank on the active list.
[1989 c 19 § 21; 1984 c 198 § 2; 1943 c 130 § 33; Rem.
Supp. 1943 § 8603-33. Prior: 1909 c 134 § 40; 1895 c 108
§ 66.]
Subversive activities: Chapter 9.81 RCW.
38.12.170 Termination of officers’ membership—
Review of retention potential. The governor may terminate
the membership of any commissioned or warrant officer of
the organized militia of Washington for any of the following
reasons:
(1) Conviction of an infamous crime;
(2) Absence from his or her command for more than
thirty days without proper leave;
(3) Sentence of dismissal by court martial, duly approved;
(4) Upon muster out of the organization to which the
officer is then assigned;
(5) Acceptance of the resignation of the officer, but no
officer may be discharged or his or her resignation accepted
while under arrest or against whom military charges have
been preferred, or until he or she has turned over to his or
her successor or satisfactorily accounted for all state and
federal moneys and military property for which he or she is
accountable or responsible;
(6) Removal of his or her actual residence to such
distance from the station of his or her command as to render
it impracticable for him or her to perform the duties of his
or her office;
(7) Incompetence or unfitness for military service as
determined by the duly approved findings of a board of
officers appointed for that purpose by the adjutant general.
The adjutant general shall annually appoint and convene
qualitative retention boards to review the military personnel
records of officers who have completed three or more years
service in the Washington state guard to determine their
retention potential and acceptability for continuation in an
active status. In the conduct of the reviews, the regulation
issued by the adjutant general to implement this provision
shall conform to the extent practicable to that governing the
army national guard. [1989 c 19 § 20; 1984 c 198 § 1; 1943
c 130 § 31; 1925 ex.s. c 72 § 1; Rem. Supp. 1943 § 860331. Prior: 1917 c 107 § 28; 1909 c 134 § 39; 1895 c 108
§ 63.]
38.12.180 Retirement of officers. Commissioned
officers of the organized militia of Washington shall be
retired by order of the commander-in-chief with the rank
respectively held by them at the time of such retirement for
the following reasons:
[Title 38 RCW—page 12]
38.12.200 Uniform allowance to officers. Every
commissioned officer of the organized militia of Washington
shall, within sixty days from the date of the order whereby
he or she shall have been appointed, provide at the officer’s
own expense the uniform and equipment prescribed by the
governor for his or her rank and assignment.
There shall be audited and may be paid, at the option of
the adjutant general, to each properly uniformed and
equipped officer of the active list of the organized militia of
Washington, not in federal service an initial uniform allowance of one hundred dollars and annually thereafter for each
twelve months state service an additional uniform allowance
of fifty dollars, subject to such regulations as the commander-in-chief may prescribe to be audited and paid upon
presentation of proper voucher. [1991 c 43 § 2; 1989 c 19
§ 22; 1982 c 93 § 1; 1943 c 130 § 37; Rem. Supp. 1943 §
8603-37. Prior: 1923 c 49 § 1; 1917 c 107 § 32; 1909 c
134 § 49; 1903 c 155 § 11; 1901 c 78 § 8; 1895 c 108 §
76.]
Chapter 38.14
WASHINGTON STATE GUARD
Sections
38.14.006
38.14.012
38.14.018
38.14.024
38.14.030
38.14.036
Availability and composition of state guard.
Federal military service.
Pay of state guard members.
Equipment and supplies.
Training.
Qualifications for appointment of officers.
38.14.006 Availability and composition of state
guard. The Washington state guard will be available to
serve, at the call of the governor in the place of the national
guard of the state of Washington under the provisions of this
title when the national guard is in the service of the United
States, or when otherwise ordered to active state service by
the governor. The Washington state guard shall consist of
commissioned and warrant officers and enlisted persons
commissioned, warranted, or enlisted under the provisions of
this title. Persons enlisted under RCW 38.16.015 shall be
enrolled in accordance with regulations promulgated by the
adjutant general. [1989 c 19 § 23.]
(2002 Ed.)
Washington State Guard
38.14.012 Federal military service. No member of
the Washington state guard shall by reason of such membership be exempt from federal military service under the laws
of the United States. [1989 c 19 § 24.]
38.14.018 Pay of state guard members. Members of
the Washington state guard shall serve without pay except
when on active state service with the state as defined in
RCW 38.04.010, or when serving on inactive duty as defined
in RCW 38.04.010 under orders of the governor specifically
authorizing pay. When ordered to active state service or
when serving on inactive duty in a pay status, members of
the Washington state guard will be paid as prescribed for
members of the national guard in RCW 38.24.050, except
longevity adjustments for pay will be based solely on total
service with the Washington state guard. [1989 c 19 § 25.]
38.14.024 Equipment and supplies. The governor
may obtain from the federal government such arms and other
equipment and supplies as may be available for issue,
donation or loan for the use of the Washington state guard.
When such property is provided by the federal government,
it will be utilized, maintained, and disposed of in accordance
with federal requirements and with property rules and
regulations promulgated under the provisions of RCW
38.08.090. [1989 c 19 § 26.]
38.14.030 Training. Members of the Washington
state guard may participate in such training opportunities as
may be available from the federal government and as approved by the adjutant general. Where required as a
condition of such participation, the military department may
reimburse the federal government for the costs of such
training. [1989 c 19 § 27.]
38.14.036 Qualifications for appointment of officers.
The adjutant general shall establish by regulation qualifications for appointment of commissioned and warrant officers
in the Washington state guard. [1989 c 19 § 28.]
Chapter 38.16
ENLISTMENTS AND RESERVES
Sections
38.16.010
38.16.015
38.16.020
38.16.030
38.16.040
38.16.050
Period of enlistment in national guard.
Period of enlistment in state guard.
Discharge of enlisted persons.
Inactive national guard.
State guard reserve.
Appointment of members of the committee for employer
support of the guard and reserve to civil affairs unit.
38.16.010 Period of enlistment in national guard.
The period of enlistment in the Washington national guard
shall conform to the laws and regulations of the United
States department of defense governing such enlistments
including the term of such enlistments and the maximum and
minimum age of enlistment. [1989 c 19 § 29; 1943 c 130
§ 35; Rem. Supp. 1943 § 8603-35. Prior: 1917 c 107 § 30;
1909 c 134 § 41; 1895 c 108 § 57.]
(2002 Ed.)
38.14.012
38.16.015 Period of enlistment in state guard. The
period of enlistment in the Washington state guard shall be
set by regulation by the adjutant general: PROVIDED, That
no original enlistment may be consummated unless the term
thereof can be completed before the applicant attains the age
of sixty-four. [1989 c 19 § 30.]
38.16.020 Discharge of enlisted persons. An enlisted
person discharged from service in the organized militia of
Washington shall receive a notice of discharge in writing in
such form and classification as is or shall be prescribed by
law or regulations, and in time of peace discharges may be
given prior to the expiration of terms of enlistment under
such regulations as may be prescribed by competent authority. [1989 c 19 § 31; 1943 c 130 § 36; Rem. Supp. 1943 §
8603-36. Prior: 1917 c 107 § 31; 1909 c 134 § 45, part;
1895 c 108 § 67, part.]
38.16.030 Inactive national guard. The inactive
national guard of this state shall respectively be organized by
the governor in regulations in conformance with the laws,
rules and regulations of the United States. It shall consist of
such organizations, officers and enlisted men as the governor
shall prescribe. No commissioned officer shall be transferred or furloughed to the inactive national guard without
the officer’s written consent, except as otherwise expressly
provided by law. Any officer of the inactive national guard
may be restored to the active list by order of the governor,
subject to the same examination as in the case of an original
appointment to his or her rank, and in such event his or her
service in the inactive national guard shall not be counted in
computing total length of service for relative seniority.
[1991 c 43 § 3; 1989 c 19 § 32; 1943 c 130 § 34; Rem.
Supp. 1943 § 8603-34. Prior: 1917 c 107 § 29.]
38.16.040 State guard reserve. In order to afford the
utmost protection to the state of Washington and to the lives
and property of citizens thereof, in times of emergency or
anticipation thereof, the governor, through the state military
department may provide for the organization and training of
state guard reserve companies in communities not allocated
a federally recognized or authorized state guard unit. [1943
c 130 § 86; Rem. Supp. 1943 § 8603-86.]
38.16.050 Appointment of members of the committee for employer support of the guard and reserve to civil
affairs unit. To assist the state of Washington in the event
of mobilization of state and federal military forces in the
state, and notwithstanding other provisions of the state
military law and other regulations governing appointment
and promotion of officers and enlisted personnel of the
Washington state guard, members of the Washington
committee for employer support of the guard and reserve
may be appointed to serve in a civil affairs unit of the
Washington state guard. The rank shall be determined by
the adjutant general. [1988 c 288 § 17.]
[Title 38 RCW—page 13]
Chapter 38.20
Title 38 RCW: Militia and Military Affairs
Chapter 38.20
ARMORIES AND RIFLE RANGES
Sections
38.20.010 Regulations governing armories.
38.20.020 City may acquire armory site.
38.20.030 Counties may expend moneys for armory site.
38.20.040 Rental of property, armories, and small arms ranges.
38.20.050 Small arms ranges.
ESTABLISHMENT OF ARMORIES: The following special or temporary
acts relating to the establishment of armories are not codified herein:
(1) 1907 c 55, Armories at Seattle, Spokane and Tacoma;
(2) 1909 c 68, Armory at Bellingham;
(3) 1913 c 67, Armory at North Yakima;
(4) 1917 c 108, 1919 c 19, Armory at Walla Walla;
(5) 1917 c 109, 1919 c 20, Armory at Aberdeen;
(6) 1917 c 166, 1919 c 21, Armory at Everett;
(7) 1939 c 152, Armory at Olympia;
(8) 1939 c 215, Naval and marine corps reserve armory at Seattle;
(9) 1941 c 236, Naval and marine corps reserve armory at Tacoma;
(10) 1953 c 277 §§ 1, 2 and 3, Armory at Spokane.
Explosives, manufacture, sale or storage: Chapter 70.74 RCW.
Joint armory sites: RCW 36.64.050.
Militia—Public arms: State Constitution Article 10 § 4.
State, county and municipal indebtedness—Powers extended in certain
cases: State Constitution Article 8 § 2.
38.20.010 Regulations governing armories. Except
as provided in this section, state-owned armories shall be
used strictly for military purposes.
(1) One room, together with the necessary furniture,
heat, light, and janitor service, may be set aside for the
exclusive use of bona fide veterans’ organizations subject to
the direction of the officer in charge. Members of these
veterans’ organizations and their auxiliaries shall have access
to the room and its use at all times.
(2) A bona fide veterans’ organization may use any state
armory for athletic and social events without payment of rent
whenever the armory is not being used by the organized
militia. The adjutant general may require the veterans’
organization to pay the cost of heating, lighting, or other
miscellaneous expenses incidental to this use.
(3) The adjutant general may, during an emergency,
permit transient lodging of service personnel in armories.
(4) The adjutant general may, upon the recommendation
of the executive head or governing body of a county, city or
town, permit transient lodging of anyone in armories. The
adjutant general may require the county, city or town to pay
no more than the actual cost of staffing, heating, lighting and
other miscellaneous expenses incidental to this use.
(5) Civilian rifle clubs affiliated with the National Rifle
Association of America are permitted to use small arms
ranges in the armories at least one night each week under
regulations prescribed by the adjutant general.
(6) State-owned armories shall be available, at the
discretion of the adjutant general, for use for casual civic
purposes, and amateur and professional sports and theatricals
upon payment of fixed rental charges and compliance with
regulations of the state military department. Children
attending primary and high schools have a preferential right
to use these armories.
The adjutant general shall prepare a schedule of rental
charges, including a cleaning deposit, and utility costs for
each state-owned armory which may not be waived except
[Title 38 RCW—page 14]
for activities sponsored by the organized militia or activities
provided for in subsection (4) of this section. The rental
charges derived from armory rentals less the cleaning deposit
shall be paid into the state general fund. [1989 c 19 § 33;
1985 c 295 § 1; 1983 c 268 § 1; 1975 1st ex.s. c 121 § 1;
1973 1st ex.s. c 154 § 56; 1963 c 149 § 1; 1949 c 125 § 1;
1947 c 204 § 1; 1943 c 130 § 93; Rem. Supp. 1949 § 860393. Prior: 1923 c 49 § 5; 1917 c 8 § 1; 1909 c 134 § 97;
1907 c 55 § 11; 1903 c 115 §§ 19, 20.]
Effective date—1975 1st ex.s. c 121: "The effective date of this act
shall be July 1, 1977." [1975 1st ex.s. c 121 § 2.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
SPECIAL ACTS RELATING TO ARMORIES: The following special or
temporary acts relating to particular armories are not codified herein:
(1) 1959 c 181; 1961 c 135; 1963 c 146, Seattle
(2) 1967 c 37, Prosser
(3) 1967 c 43, Centralia
(4) 1967 c 44, Chewelah
(5) 1967 c 214, Stevens County
(6) 1967 c 224, Tacoma and Pierce County
(7) 1967 c 226, Yakima
(8) 1969 ex.s. c 22, Kirkland.
38.20.020 City may acquire armory site. Any city
in the state of Washington in which a unit of the national
guard is stationed, or is to be stationed, is hereby authorized
and empowered to acquire a site for an armory by gift or
purchase, and to construct an armory thereon, and to issue
and sell its general obligation bonds for said purposes, within
the debt limits prescribed by the Constitution, with full
power to sell or lease the same to the state of Washington or
to the United States. [1933 ex.s. c 16 § 1; RRS § 8598-1.]
38.20.030 Counties may expend moneys for armory
site. Any county of the state of Washington is hereby
authorized and empowered to appropriate money for the purchase of an armory site whenever the legislature of this state
shall appropriate money for or authorize the construction of
an armory therein. [1907 c 55 § 3 1/2; No RRS.]
38.20.040 Rental of property, armories, and small
arms ranges. All armories and small arms ranges and all
property, real or personal, used by the national guard and not
owned by the state of Washington or the United States, shall
be leased or rented to the state upon such terms and conditions as shall be approved by the commander-in-chief.
[1989 c 19 § 34; 1909 c 134 § 98; RRS § 8599.]
38.20.050 Small arms ranges. Under the direction of
the governor, the adjutant general shall, at the expense and
in the name of the state, buy or lease, establish, equip,
maintain and control such small arms ranges and issue such
ammunition, transportation and supplies as may be necessary
to provide each unit of the organized militia of Washington
with adequate means and opportunity for thorough instruction in small arms practice. [1989 c 19 § 35; 1943 c 130 §
91; Rem. Supp. 1943 § 8603-91. Prior: 1917 c 107 § 120;
1909 c 134 § 92; 1895 c 108 § 168.]
(2002 Ed.)
Claims and Compensation
Chapter 38.24
CLAIMS AND COMPENSATION
Sections
38.24.010
38.24.020
38.24.050
38.24.060
Payment of military claims.
Audit and payment of awards.
Pay of officers and enlisted personnel.
Employment and reemployment rights upon return from
militia duty.
38.24.010 Payment of military claims. All bills,
claims and demands for military purposes shall be certified
or verified and audited in the manner prescribed by regulations promulgated by the governor and shall be paid by the
state treasurer from funds available for that purpose. In all
cases where the organized militia, or any part of the organized militia, is called into the service of the state to execute
or enforce the laws or in case of war, riot, insurrection,
invasion, breach of the peace, public disaster, or the imminent danger of the occurrence of any of these events,
warrants for allowed pay and expenses for such services or
compensation for injuries or death shall be drawn upon the
general fund of the state treasury and paid out of any
moneys in said fund not otherwise appropriated. All such
warrants shall be the obligation of the state and shall bear
interest at the legal rate from the date of their presentation
for payment. [1991 c 43 § 4; 1989 c 19 § 36; 1973 c 106
§ 14; 1943 c 130 § 42; Rem. Supp. 1943 § 8603-42. Prior:
1917 c 107 § 36; 1909 c 134 § 56, part; 1895 c 108 § 91,
part.]
38.24.020 Audit and payment of awards. All
compensation shall be payable in monthly installments and
shall be audited and paid as any other claim against the military department and shall be payable from the general fund
out of any moneys not otherwise appropriated. [1943 c 130
§ 41; Rem. Supp. 1943 § 8603-41. Prior: 1917 c 107 § 35;
1909 c 134 § 56, part; 1895 c 108 § 41, part.]
38.24.050 Pay of officers and enlisted personnel.
Commissioned officers, warrant officers, and enlisted
personnel of the organized militia of Washington, while in
active state service or inactive duty, are entitled to and shall
receive the same amount of pay and allowances from the
state of Washington as provided by federal laws and regulations for commissioned officers, warrant officers, and
enlisted personnel of the United States army only if federal
pay and allowances are not authorized. For periods of such
active state service, commissioned officers, warrant officers,
and enlisted personnel of the organized militia of Washington shall receive either such pay and allowances or an
amount equal to one and one-half of the federal minimum
wage, whichever is greater.
The value of articles issued to any member and not
returned in good order on demand, and legal fines or
forfeitures, may be deducted from the member’s pay.
If federal pay and allowances are not authorized, all
members detailed to serve on any board or commission
ordered by the governor, or on any court-martial ordered by
proper authority, may, at the discretion of the adjutant
general, be paid a sum equal to one day’s active state service
for each day actually employed on the board or court or
(2002 Ed.)
Chapter 38.24
engaged in the business thereof, or in traveling to and from
the same; and in addition thereto travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended when such duty is at a place other than
the city or town of his residence.
Necessary transportation, quartermasters’ stores, and
subsistence for troops when ordered on active state service
may be contracted for and paid for as are other military bills.
[1989 c 19 § 37; 1984 c 198 § 3; 1975-’76 2nd ex.s. c 34 §
81; 1974 ex.s. c 46 § 1; 1943 c 130 § 43; Rem. Supp. 1943
§ 8603-43. Prior: 1925 c 28 § 2, part; 1919 c 137 § 1, part;
1917 c 107 § 37, part; 1915 c 47 § 1, part; 1913 c 66 § 10,
part; 1909 c 134 § 157, part; 1907 c 122 § 5, part; 1903 c
155 § 13, part; 1901 c 78 § 11, part; 1895 c 108 § 89, part.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
38.24.060 Employment and reemployment rights
upon return from militia duty. All members of the
organized militia of Washington who are called to active
state service or inactive duty shall, upon return from such
duty, have those rights accorded under RCW 73.16.031,
73.16.035, 73.16.041, 73.16.051, and 73.16.061. [1989 c 19
§ 38; 1984 c 198 § 4; 1974 ex.s. c 46 § 2.]
Chapter 38.32
OFFENSES—PUNISHMENT
Sections
38.32.010
Offenses against laws of this state by members on duty
status.
38.32.020 Offenses under Washington code of military justice.
38.32.030 Exemptions while on duty.
38.32.070 Member removed from state, request for discharge.
38.32.080 Penalty for failure to obey call.
38.32.090 Penalty for physician making false certificate.
38.32.100 Buying and receiving military property.
38.32.120 Authority of commanding officer.
38.32.140 Sentence to confinement.
Militia—Organization—Discipline—Officers—Power to call out: State
Constitution Art. 10 § 2.
38.32.010 Offenses against laws of this state by
members on duty status. Any member of the organized
militia on duty status as provided in RCW 38.38.624, or
within state armories, committing offenses against the laws
of the state, shall be promptly arrested by the military
authorities and turned over to the civil authorities of the
county or city in which the offense was committed. [1989
c 19 § 39; 1963 c 220 § 134; 1943 c 130 § 82; Rem. Supp.
1943 § 8603-82.]
38.32.020 Offenses under Washington code of
military justice. Offenses under chapter 38.38 RCW
committed while on inactive duty or active state service as
defined in RCW 38.04.010 may be tried and punished as
provided under chapter 38.38 RCW after this duty or service
has terminated, and if found guilty the accused shall be
punished accordingly. Any member of the organized militia
on "inactive duty" or "active state service," as defined in
RCW 38.04.010, committing any offense under chapter
38.38 RCW, where the offense charged is also made an
[Title 38 RCW—page 15]
38.32.020
Title 38 RCW: Militia and Military Affairs
offense by the civil law of this state, may, in the discretion
of the officer whose duty it is to approve the charge, be
turned over to the proper civil authorities for trial.
Any member of the organized militia on "inactive duty"
or "active state service," as defined in RCW 38.04.010,
committing any offense under chapter 38.38 RCW, may, if
such offense is committed upon a military reservation of the
United States within this state, be turned over to the civil
authorities for trial as provided by federal law. [1989 c 19
§ 40; 1963 c 220 § 135; 1943 c 130 § 81; Rem. Supp. 1943
§ 8603-81.]
38.32.030 Exemptions while on duty. No person
belonging to the military forces of this state shall be arrested
on any warrant, except for treason or felony, while going to,
remaining at, or returning from any place at which he may
be required to attend military duty. Any members of the
organized militia parading, or performing any duty according
to the law shall have the right of way in any street or
highway through which they may pass and while on field
duty shall have the right to enter upon, cross or occupy any
uninclosed lands, or any inclosed lands where no damage
will be caused thereby: PROVIDED, That the carriage of
the United States mail and legitimate functions of the police
and fire departments shall not be interfered with thereby.
[1943 c 130 § 45; Rem. Supp. 1943 § 8603-45. Prior: 1917
c 107 § 40; 1909 c 134 § 66; 1895 c 108 § 103.]
38.32.070 Member removed from state, request for
discharge. If any member is known to have removed from
the state, and, through ignorance or neglect, has failed to
apply for discharge, the discharge may be requested by his
or her immediate commanding officer. [1989 c 19 § 41;
1963 c 220 § 136; 1943 c 130 § 84; Rem. Supp. 1943 §
8603-84. Cf. 1917 c 107 § 83.]
38.32.080 Penalty for failure to obey call. Any
member of the militia who shall have been ordered out for
either state or federal service and who shall refuse or
wilfully or negligently fail to report at the time and place
and to the officer designated in the order or to the representative or successor of such officer, shall be deemed guilty of
desertion, and shall suffer such penalty as a general court
martial may direct, unless he or she shall produce a sworn
certificate from a licensed physician of good standing that he
or she was physically unable to appear at the time and place
designated. Any person chargeable with desertion under this
section may be taken by force and compelled to serve.
[1989 c 19 § 42; 1943 c 130 § 10; Rem. Supp. 1943 § 860310. Prior: 1917 c 107 § 10; 1909 c 134 § 21; 1895 c 108
§ 114.]
38.32.090 Penalty for physician making false
certificate. Any physician who shall knowingly make and
deliver a false certificate of physical disability concerning
any member of the militia who shall have been ordered out
or summoned for active service shall be guilty of perjury
and, upon conviction, as an additional penalty, shall forfeit
forever his or her license and right to practice in this state.
[1989 c 19 § 43; 1943 c 130 § 11; Rem. Supp. 1943 § 860311. Prior: 1909 c 134 § 22.]
[Title 38 RCW—page 16]
38.32.100 Buying and receiving military property.
Any person who shall purchase or receive in pawn or pledge
any military property of the state or of the United States
shall be guilty of a gross misdemeanor and, upon conviction
thereof, shall be fined not more than five hundred dollars or
imprisoned for not more than six months or both such fine
and imprisonment. [1943 c 130 § 87; Rem. Supp. 1943 §
8603-87. Cf. 1917 c 107 § 68.]
38.32.120 Authority of commanding officer. The
commanding officer at any drill, parade, encampment or
other duty may place in arrest for the time of such drill,
parade, encampment or other duty any person or persons
who shall trespass on the camp grounds, parade grounds,
rifle range or armory, or in any way or manner interrupt or
molest the orderly discharge of duty of those on duty, or
who shall disturb or prevent the passage of troops going to
or returning from any regularly ordered tour of duty; and
may prohibit and prevent the sale or use of all spirituous
liquors, wines, ale or beer, or holding of huckster or auction
sales, and all gambling therein, and remove disorderly
persons beyond the limits of such parade or encampment, or
within a distance of two miles therefrom, and the commanding officer shall have full authority to abate as common
nuisances all disorderly places, and bar all unauthorized sales
within such limits. Any person violating any of the provisions of this section, or any order issued in pursuance
thereof, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars, or
imprisoned not more than thirty days, or by both such fine
and imprisonment.
No license or renewal thereof shall be issued or granted
to any person, firm or corporation for the sale of intoxicating
or spirituous liquors within a distance of three hundred feet
from any armory used by the state of Washington for
military purposes, without the approval of the adjutant
general. [1989 c 19 § 44; 1963 c 220 § 137; 1943 c 130 §
52; Rem. Supp. 1943 § 8603-52. Prior: 1937 c 51 § 1;
1909 c 134 § 62; 1895 c 108 § 99.]
38.32.140 Sentence to confinement. All military
courts of the organized militia of Washington shall have
power to sentence to confinement in lieu of fines authorized
to be imposed: PROVIDED, That such sentence of confinement shall not exceed one day for each dollar of fine
authorized. [1943 c 130 § 61; 1917 c 107 § 53; Rem. Supp.
1943 § 8603-61.]
Chapter 38.36
TRIAL PROCEDURE
Sections
38.36.120
Fees and mileage.
38.36.120 Fees and mileage. Fees and mileage
allowed for the service of process and for civilian witnesses
shall be the same as in civil actions. All expenditures
necessary to carry the provisions of chapter 130, Laws of
1943, into effect are hereby authorized to be incurred, and
paid out of the appropriations for the maintenance of the
(2002 Ed.)
Trial Procedure
organized militia of Washington. [1943 c 130 § 78; Rem.
Supp. 1943 § 8603-78. Prior: 1917 c 107 § 59; 1909 c 134
§ 90.]
Compensation of jurors: RCW 2.36.150.
Travel expense in lieu of mileage in certain cases: RCW 2.40.030.
Witness fees and mileage: RCW 2.40.010.
Chapter 38.38
WASHINGTON CODE OF MILITARY JUSTICE
Sections
PART I—GENERAL PROVISIONS
38.38.004
38.38.008
38.38.012
38.38.016
38.38.020
38.38.024
Definitions.
Persons subject to this code.
Jurisdiction to try certain personnel.
Dismissal of commissioned officer.
Territorial applicability of the code.
Judge advocates and legal officers.
PART II—APPREHENSION AND RESTRAINT
38.38.064
38.38.068
38.38.072
38.38.076
38.38.080
38.38.084
38.38.088
38.38.092
Apprehension.
Apprehension of deserters.
Imposition of restraint.
Restraint of persons charged with offenses.
Confinement in jails.
Reports and receiving of prisoners.
Punishment prohibited before trial.
Delivery of offenders to civil authorities.
38.38.132
Commanding officer’s nonjudicial punishment—
Suspension—Appeal.
PART III—NONJUDICIAL PUNISHMENT
PART IV—COURTS-MARTIAL JURISDICTION
38.38.172
38.38.176
38.38.180
38.38.184
38.38.188
38.38.192
38.38.196
38.38.200
Courts-martial of organized militia not in federal service—
Composition—Jurisdiction—Powers and proceedings.
Jurisdiction of courts-martial in general.
Jurisdiction of general courts-martial.
Jurisdiction of special courts-martial—Dishonorable discharge.
Jurisdiction of summary courts-martial.
Sentences of dismissal or dishonorable discharge to be approved by the governor.
Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
Confinement instead of fine.
PART V—APPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
38.38.240
38.38.244
38.38.248
38.38.252
38.38.256
38.38.260
38.38.264
38.38.268
Who may convene general courts-martial.
Special courts-martial of organized militia not in federal
service—Who may convene.
Summary courts-martial of organized militia not in federal
service—Who may convene.
Who may serve on courts-martial.
Military judge of a general or special court-martial.
Detail of trial counsel and defense counsel.
Detail or employment of reporters and interpreters.
Absent and additional members.
PART VI—PRETRIAL PROCEDURE
38.38.308
38.38.312
38.38.316
38.38.320
38.38.324
38.38.328
(2002 Ed.)
Charges and specifications.
Compulsory self-incrimination prohibited.
Investigation.
Forwarding of charges.
Advice of state judge advocate and reference for trial.
Service of charges.
38.36.120
PART VII—TRIAL PROCEDURE
38.38.368
38.38.372
38.38.376
38.38.380
38.38.384
38.38.388
38.38.392
38.38.396
38.38.400
38.38.404
38.38.408
38.38.412
38.38.416
38.38.420
38.38.424
38.38.428
38.38.432
38.38.436
38.38.440
Governor may prescribe rules.
Unlawfully influencing action of court.
Duties of trial counsel and defense counsel.
Sessions.
Continuances.
Challenges.
Oaths.
Statute of limitations.
Former jeopardy.
Pleas of the accused.
Opportunity to obtain witnesses and other evidence.
Refusal to appear or testify—Penalty.
Contempts.
Depositions.
Admissibility of records of courts of inquiry.
Voting, rulings, instructions.
Number of votes required.
Court to announce action.
Record of trial.
PART VIII—SENTENCES
38.38.480
38.38.484
38.38.488
38.38.492
Cruel and unusual punishments prohibited.
Maximum limits—Reduction in pay grade.
Effective date of sentences.
Execution of confinement.
38.38.532
38.38.536
38.38.540
38.38.544
38.38.548
38.38.552
38.38.556
38.38.560
38.38.564
38.38.568
38.38.572
38.38.576
38.38.580
38.38.584
Execution of sentence—Suspension of sentence.
Initial action on the record.
Initial action on the record—General court-martial records.
Reconsideration and revision.
Rehearings.
Approval by the convening authority.
Review of records—Disposition.
Error of law—Lesser included offense.
Review counsel.
Vacation of suspension.
Petition for a new trial.
Remission and suspension.
Restoration.
Finality of proceedings, findings and sentences.
PART IX—REVIEW OF COURTS-MARTIAL
PART X—PUNITIVE ARTICLES
38.38.624
38.38.628
38.38.632
38.38.636
38.38.640
38.38.644
38.38.648
38.38.652
38.38.656
38.38.660
38.38.664
38.38.668
38.38.672
38.38.676
38.38.680
38.38.684
38.38.688
38.38.692
38.38.696
38.38.700
38.38.704
38.38.708
38.38.712
38.38.716
38.38.720
38.38.724
38.38.728
38.38.732
38.38.736
Persons to be tried or punished.
Principals.
Accessory after the fact.
Conviction of lesser included offense.
Attempts.
Conspiracy.
Solicitation.
Fraudulent enlistment, appointment, or separation.
Unlawful enlistment, appointment, or separation.
Desertion.
Absence without leave.
Missing movement.
Contempt towards officials.
Disrespect towards superior commissioned officer.
Assaulting or wilfully disobeying superior commissioned
officer.
Insubordinate conduct toward warrant officer or noncommissioned officer.
Failure to obey order or regulation.
Cruelty and maltreatment.
Mutiny or sedition.
Resistance, breach of arrest, and escape.
Releasing prisoner without proper authority.
Unlawful detention of another.
Noncompliance with procedural rules.
Misbehavior before the enemy.
Subordinate compelling surrender.
Improper use of countersign.
Forcing a safeguard.
Captured or abandoned property.
Aiding the enemy.
[Title 38 RCW—page 17]
Chapter 38.38
38.38.740
38.38.744
38.38.748
38.38.752
38.38.756
38.38.760
38.38.764
38.38.768
38.38.772
38.38.776
38.38.780
38.38.784
38.38.788
38.38.792
38.38.796
38.38.800
Title 38 RCW: Militia and Military Affairs
Misconduct of a prisoner.
False official statements.
Military property—Loss, damage, destruction, or wrongful
disposition.
Property other than military property—Waste, spoilage, or
destruction.
Improper hazarding of vessel.
Drunken or reckless driving.
Drunk on duty—Sleeping on post—Leaving post before
relief.
Dueling.
Malingering.
Riot or breach of peace.
Provoking speeches or gestures.
Perjury.
Frauds against the government.
Larceny and wrongful appropriation.
Conduct unbecoming an officer and a gentleman.
General article.
PART XI—MISCELLANEOUS PROVISIONS
38.38.840 Courts of inquiry.
38.38.844 Authority to administer oaths.
38.38.848 Sections to be explained.
38.38.852 Complaints of wrongs.
38.38.856 Redress of injuries to property.
38.38.860 Execution of process and sentence.
38.38.864 Process of military courts.
38.38.868 Payment of fines and disposition thereof.
38.38.872 Immunity for action of military courts.
38.38.876 Presumption of jurisdiction.
38.38.880 Delegation of authority by the governor.
38.38.884 Uniformity of interpretation.
38.38.888 Short title.
Reviser’s note: Article numbers in this chapter parallel equivalent
sections in the federal Uniform Code of Military Justice and do not
constitute part of the law.
time of the organization or person, as may be required under
state or federal laws, regulations, or orders, including travel
to and from such duty.
(10) "Military court" means a court-martial or a court of
inquiry.
(11) "Military judge" means the presiding officer of a
general or special court-martial detailed in accordance with
RCW 38.38.256.
(12) "State judge advocate" means the commissioned
officer responsible for supervising the administration of the
military justice in the organized militia.
(13) "Accuser" means a person who signs and swears to
charges, any person who directs that charges nominally be
signed and sworn to by another, and any person who has an
interest other than an official interest in the prosecution of
the accused.
(14) "Military" refers to any or all of the armed forces.
(15) "Convening authority" includes, in addition to the
person who convened the court, a commissioned officer
commanding for the time being, or a successor in command.
(16) "May" is used in a permissive sense. The words
"no person may. . ." mean that no person is required,
authorized, or permitted to do the act prescribed.
(17) "Shall" is used in an imperative sense.
(18) "Code" means this chapter.
(19) "A month’s pay" or fraction thereof shall be
calculated based upon a member’s basic pay entitlement as
if the member were serving for a thirty-day period. [1989
c 48 § 1; 1963 c 220 § 1.]
Effective date—1963 c 220: "This act shall take effect on July 1,
1963." [1963 c 220 § 140.] For codification of 1963 c 220, see Codification Tables, Volume 0.
PART I—GENERAL PROVISIONS
38.38.004 [Art. 1] Definitions. In this chapter, unless
the context otherwise requires:
(1) "Organized militia" means the national guard of the
state, as defined in section 101(3) of title 32, United States
Code, and any other military force organized under the laws
of the state of Washington.
(2) "Officer" means commissioned or warrant officer.
(3) "Commissioned officer" includes a commissioned
warrant officer.
(4) "Commanding officer" includes only commissioned
officers in command of a unit.
(5) "Superior commissioned officer" means a commissioned officer superior in rank or command.
(6) "Enlisted member" means a person in an enlisted
grade.
(7) "Grade" means a step or degree, in a graduated scale
of office or military rank, that is established and designated
as a grade by law or regulation.
(8) "Rank" means the order of precedence among
members of the organized militia.
(9) The term "active state service" or "active training
duty" shall be construed to be any service on behalf of the
state, or at encampments whether ordered by state or federal
authority or any other duty requiring the entire time of any
organization or person except when called or drafted into the
federal service by the president of the United States.
The term "inactive duty" shall include periods of drill
and such other training and service not requiring the entire
[Title 38 RCW—page 18]
38.38.008 [Art. 2] Persons subject to this code. This
code applies to all members of the organized militia who are
not in federal service. [1989 c 48 § 2; 1963 c 220 § 2.]
38.38.012 [Art. 3] Jurisdiction to try certain
personnel. No person who has deserted from the organized
militia may be relieved from amenability to the jurisdiction
of this code by virtue of a separation from any later period
of service. [1989 c 48 § 3; 1989 c 11 § 9; 1963 c 220 § 3.]
Reviser’s note: This section was amended by 1989 c 11 § 9 and by
1989 c 48 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1989 c 11: See note following RCW 9A.56.220.
38.38.016 [Art. 4] Dismissal of commissioned
officer. (1) If any commissioned officer, dismissed by order
of the governor, makes a written application for trial by
court-martial, setting forth, under oath, that he or she has
been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer
on the charges on which the officer was dismissed. A courtmartial so convened has jurisdiction to try the dismissed
officer on those charges, and the officer shall be considered
to have waived the right to plead any statute of limitations
applicable to any offense with which the officer is charged.
The court-martial may, as part of its sentence, adjudge the
affirmance of the dismissal, but if the court-martial acquits
the accused or if the sentence adjudged, as finally approved
(2002 Ed.)
Washington Code of Military Justice
38.38.016
or affirmed, does not include dismissal, the chief of staff to
the governor or adjutant general shall substitute for the
dismissal ordered by the governor a form of discharge
authorized for administrative issue.
(2) If the governor fails to convene a general courtmartial within six months from the presentation of an
application for trial under this code, the chief of staff to the
governor or adjutant general shall substitute for the dismissal
ordered by the governor a form of discharge authorized for
administrative issue.
(3) If a discharge is substituted for a dismissal under
this code, the governor alone may reappoint the officer to
such commissioned grade and with such rank as, in the
opinion of the governor, that former officer would have
attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a
vacancy is available under applicable tables of organization.
All time between the dismissal and the reappointment shall
be considered as actual service for all purposes.
(4) If an officer is discharged from the organized militia
by administrative action or by board proceedings under law,
or is dropped from the rolls by order of the governor, the
officer has no right to trial under this section. [1989 c 48 §
4; 1963 c 220 § 4.]
(5) No person who has acted as member, law officer,
trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has
been a witness for either the prosecution or defense, in any
case may later act as staff judge advocate to any reviewing
authority upon the same case. [1989 c 48 § 6; 1963 c 220
§ 6.]
38.38.020 [Art. 5] Territorial applicability of the
code. (1) This code applies throughout the state. It also
applies to all persons otherwise subject to this code while
they are serving outside the state, and while they are going
to and returning from such service outside the state, in the
same manner and to the same extent as if they were serving
inside the state.
(2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those
units are serving outside the state with the same jurisdiction
and powers as to persons subject to this code as if the
proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside
or outside the state. [1989 c 48 § 5; 1963 c 220 § 5.]
38.38.068 [Art. 8] Apprehension of deserters. Any
civil officer having authority to apprehend offenders under
the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may
summarily apprehend a deserter from the state of Washington organized militia and deliver the offender into the
custody of the state of Washington organized militia. If an
offender is apprehended outside of the state of Washington,
the return to the area must be in accordance with normal
extradition procedures or reciprocal agreement. [1989 c 48
§ 8; 1963 c 220 § 8.]
38.38.024 [Art. 6] Judge advocates and legal
officers. (1) The governor, on the recommendation of the
adjutant general, shall appoint an officer of the organized
militia as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest
court of the state and must have been a member of the bar
of the state for at least five years.
(2) The adjutant general may appoint as many assistant
state judge advocates as he or she considers necessary. To
be eligible for appointment, assistant state judge advocates
must be officers of the organized militia and members of the
bar of the highest court of the state.
(3) The state judge advocate or assistants shall make
frequent inspections in the field in supervision of the
administration of military justice.
(4) Convening authorities shall at all times communicate
directly with their staff judge advocates in matters relating
to the administration of military justice; and the staff judge
advocate of any command is entitled to communicate
directly with the staff judge advocate of a superior or
subordinate command, or with the state judge advocate.
(2002 Ed.)
PART II—APPREHENSION AND RESTRAINT
38.38.064 [Art. 7] Apprehension. (1) Apprehension
is the taking of a person into custody.
(2) Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this
code, any marshal of a court-martial appointed pursuant to
the provisions of this code, and any peace officer authorized
to do so by law, may do so upon reasonable belief that an
offense has been committed and that the person apprehended
committed it.
(3) Commissioned officers, warrant officers, and
noncommissioned officers have authority to quell quarrels,
frays, and disorders among persons subject to this code and
to apprehend persons subject to this code who take part
therein. [1989 c 48 § 7; 1963 c 220 § 7.]
38.38.072 [Art. 9] Imposition of restraint. (1) Arrest
is the restraint of a person by an order, not imposed as a
punishment for an offense, directing the person to remain
within certain specified limits. Confinement is the physical
restraint of a person.
(2) An enlisted member may be ordered into arrest or
confinement by any commissioned officer by an order, oral
or written, delivered in person or through other persons
subject to this code or through any person authorized by this
code to apprehend persons. A commanding officer may
authorize warrant officers or noncommissioned officers to
order enlisted members of the officer’s command or subject
to the officer’s authority into arrest or confinement.
(3) A commissioned officer or a warrant officer may be
ordered apprehended or into arrest or confinement only by
a commanding officer to whose authority the officer is
subject, by an order, oral or written, delivered in person or
by another commissioned officer. The authority to order
such persons apprehended or into arrest or confinement may
not be delegated.
(4) No person may be ordered apprehended or into
arrest or confinement except for probable cause.
(5) This section does not limit the authority of persons
authorized to apprehend offenders to secure the custody of
[Title 38 RCW—page 19]
38.38.072
Title 38 RCW: Militia and Military Affairs
an alleged offender until proper authority may be notified.
[1989 c 48 § 9; 1963 c 220 § 9.]
38.38.076 [Art. 10] Restraint of persons charged
with offenses. Any person subject to this code charged with
an offense under this code shall be ordered into arrest or
confinement, as circumstances may require; but when
charged only with an offense normally tried by a summary
court-martial, such person shall not ordinarily be placed in
confinement. When any person subject to this code is placed
in arrest or confinement prior to trial, immediate steps shall
be taken to inform the person of the specific wrong of which
he or she is accused and to try the person or to dismiss the
charges and release the person. [1989 c 48 § 10; 1963 c 220
§ 10.]
38.38.080 [Art. 10a] Confinement in jails. Persons
confined other than in a guard house, whether before, during
or after trial by a military court, shall be confined in civil
jails, penitentiaries, or prisons designated by the governor or
by such person as the governor may authorize to act. [1989
c 48 § 11; 1963 c 220 § 11.]
38.38.084 [Art. 11] Reports and receiving of
prisoners. (1) No provost marshal, commander of a guard,
master at arms, warden, keeper, or officer of a city or county
jail or any other jail, penitentiary, or prison designated under
RCW 38.38.080, may refuse to receive or keep any prisoner
committed to his or her charge, when the committing person
furnishes a statement, signed by the committing person, of
the offense charged against the prisoner.
(2) Every commander of a guard, master at arms,
warden, keeper, or officer of a city or county jail or of any
other jail, penitentiary, or prison designated under RCW
38.38.080, to whose charge a prisoner is committed shall,
within twenty-four hours after that commitment or as soon
as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the
offense charged against the prisoner, and the name of the
person who ordered or authorized the commitment. [1989
c 48 § 12; 1963 c 220 § 12.]
38.38.088 [Art. 13] Punishment prohibited before
trial. Subject to RCW 38.38.488, no person, while being
held for trial or the result of trial, may be subjected to
punishment or penalty other than arrest or confinement upon
the charges pending against the person, nor shall the arrest
or confinement imposed upon the person be any more
rigorous than the circumstances require to insure his or her
presence, but the person may be subjected to minor punishment during that period for infractions of discipline. [1989
c 48 § 13; 1963 c 220 § 13.]
38.38.092 [Art. 14] Delivery of offenders to civil
authorities. (1) Under such regulations as may be prescribed under this code a person subject to this code who is
on active state service or inactive duty who is accused of an
offense against civil authority may be delivered, upon
request, to the civil authority for trial.
(2) When delivery under this section is made to any
civil authority of a person undergoing sentence of a court[Title 38 RCW—page 20]
martial, the delivery, if followed by conviction in a civil
tribunal, interrupts the execution of the sentence of the courtmartial, and the offender after having answered to the civil
authorities for the offense shall, upon the request of competent military authority, be returned to military custody for the
completion of the sentence. [1989 c 48 § 14; 1963 c 220 §
14.]
PART III—NONJUDICIAL PUNISHMENT
38.38.132 [Art. 15] Commanding officer’s nonjudicial punishment—Suspension—Appeal. (1) Under such
regulations as the governor may prescribe, limitations may
be placed on the powers granted by this section with respect
to the kind and amount of punishment authorized, the
categories of commanding officers and warrant officers
exercising command authorized to exercise those powers, the
applicability of this section to an accused who demands trial
by court-martial, and the kinds of courts-martial to which the
case may be referred upon such a demand. However, except
in the case of a member attached to or embarked in a vessel,
punishment may not be imposed upon any member of the
organized militia under this section if the member has,
before the imposition of such punishment, demanded trial by
court-martial in lieu of such punishment. Under similar
regulations, rules may be prescribed with respect to the
suspension of punishments authorized hereunder. If authorized by regulations of the governor, a commanding officer
exercising general court-martial jurisdiction or an officer of
general rank in command may delegate powers under this
section to a principal assistant.
(2) Subject to subsection (1) of this section, any
commanding officer may, in addition to or in lieu of
admonition or reprimand, impose one or more of the
following disciplinary punishments for minor offenses
without the intervention of a court-martial:
(a) Upon officers of his or her command:
(i) Restriction to certain specified limits, with or without
suspension from duty, for not more than fourteen consecutive duty or drill days;
(ii) If imposed by an officer exercising general courtmartial jurisdiction or an officer of general rank in command:
(A) Forfeiture of up to thirty days’ pay, but not more
than fifteen days’ pay per month;
(B) Restriction to certain specified limits, with or
without suspension from duty, for not more than fourteen
consecutive drill or duty days;
(C) Detention of up to forty-five days’ pay, but not
more than fifteen days’ pay per month;
(b) Upon other personnel of his or her command:
(i) If imposed upon a person attached to or embarked in
a vessel, confinement for not more than three consecutive
days;
(ii) Forfeiture of not more than seven days’ pay;
(iii) Reduction to the next inferior pay grade, if the
grade from which demoted is within the promotion authority
of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(iv) Extra duties, including fatigue or other duties for
not more than fourteen duty or drill days, which need not be
(2002 Ed.)
Washington Code of Military Justice
consecutive, and for not more than two hours per day,
holidays included;
(v) Restriction to certain specified limits, with or
without suspension from duty, for not more than fourteen
consecutive days;
(vi) Detention of not more than fourteen days’ pay;
(vii) If imposed by an officer of the grade of major or
above:
(A) The punishment authorized in subsection (2)(b)(i) of
this section;
(B) Forfeiture of up to thirty days’ pay, but not more
than fifteen days’ pay per month;
(C) Reduction to the lowest or any intermediate pay
grade, if the grade from which demoted is within the
promotion authority of the officer imposing the reduction or
any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may
not be reduced more than two pay grades;
(D) Extra duties, including fatigue or other duties, for
not more than fourteen drill or duty days, which need not be
consecutive, and for not more than two hours per day,
holidays included;
(E) Restriction to certain specified limits, with or
without suspension from duty, for not more than fourteen
consecutive days;
(F) Detention of up to forty-five days’ pay, but not
more than fifteen days’ pay per month.
Detention of pay shall be for a stated period of not more
than one year but if the offender’s term of service expires
earlier, the detention shall terminate upon that expiration.
Extra duties and restriction may not be combined to run
consecutively in the maximum amount imposable for each.
Whenever any such punishments are combined to run
consecutively, there must be an apportionment. In addition,
forfeiture of pay may not be combined with detention of pay
without an apportionment.
(3) An officer in charge may impose upon enlisted
members assigned to the unit of which the officer is in
charge such of the punishment authorized under subsection
(2)(b) of this section as the governor may specifically
prescribe by regulation.
(4) The officer who imposes the punishment authorized
in subsection (2) of this section, or a successor in command,
may, at any time, suspend probationally any part or amount
of the unexecuted punishment imposed and may suspend
probationally a reduction in grade or a forfeiture imposed
under subsection (2) of this section, whether or not executed.
In addition, the officer may, at any time, remit or mitigate
any part or amount of the unexecuted punishment imposed
and may set aside in whole or in part the punishment,
whether executed or unexecuted, and restore all rights,
privileges, and property affected. The officer may also
mitigate reduction in grade to forfeiture or detention of pay.
When mitigating extra duties to restriction, the restriction
shall not be longer than the number of hours of extra duty
that may have been imposed. When mitigating reduction in
grade to forfeiture or detention of pay, the amount of the
forfeiture or detention shall not be greater than the amount
that could have been imposed initially under this section by
the officer who imposed the punishment mitigated.
(5) A person punished under this section who considers
the punishment unjust or disproportionate to the offense may,
(2002 Ed.)
38.38.132
through the proper channel, appeal to the next superior
authority. The appeal shall be promptly forwarded and
decided, but the person punished may in the meantime be
required to undergo the punishment adjudged. The superior
authority may exercise the same powers with respect to the
punishment imposed as may be exercised under subsection
(4) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
(a) Forfeiture of more than seven days’ pay;
(b) Reduction of one or more pay grades from the
fourth or a higher pay grade;
(c) Extra duties for more than ten days;
(d) Restriction for more than ten days; or
(e) Detention of more than fourteen days’ pay;
the authority who is to act on the appeal shall refer the case
to a judge advocate for consideration and advice, and may
so refer the case upon appeal from any punishment imposed
under subsection (2) of this section.
(6) The imposition and enforcement of disciplinary
punishment under this section for any act or omission is not
a bar to trial by court-martial for a serious crime or offense
growing out of the same act or omission, and not properly
punishable under this section; but the fact that a disciplinary
punishment has been enforced may be shown by the accused
upon trial, and when so shown shall be considered in
determining the measure of punishment to be adjudged in the
event of a finding of guilty.
(7) The governor may by regulation prescribe the form
of records to be kept of proceedings under this section and
may also prescribe that certain categories of those proceedings shall be in writing. [1991 c 43 § 5; 1989 c 48 § 15;
1963 c 220 § 15.]
PART IV—COURTS-MARTIAL JURISDICTION
38.38.172 [Art. 16] Courts-martial of organized
militia not in federal service—Composition—
Jurisdiction—Powers and proceedings. (1) In the organized militia not in federal service, there are general, special,
and summary courts-martial constituted like similar courts of
the armed forces of the United States. They have the
jurisdiction and powers, except as to punishments, and shall
follow the forms and procedures provided for those courts.
(2) The three kinds of courts-martial are:
(a) General courts-martial, consisting of a military judge
and not less than five members, or only a military judge, if
before the court is assembled the accused, knowing the
identity of the military judge and after consultation with
defense counsel, requests orally on the record or in writing
a court composed only of a military judge and the military
judge approves;
(b) Special courts-martial, consisting of not less than
three members, or a military judge and not less than three
members, or only a military judge, if one has been detailed
to the court, and the accused under the same conditions as
those prescribed in (a) of this subsection so requests; and
(c) Summary courts-martial, consisting of one commissioned officer. [1989 c 48 § 16; 1963 c 220 § 16.]
38.38.176 [Art. 17] Jurisdiction of courts-martial in
general. Each force of the organized militia has court[Title 38 RCW—page 21]
38.38.176
Title 38 RCW: Militia and Military Affairs
martial jurisdiction over all persons subject to this code.
The exercise of jurisdiction by one force over personnel of
another force shall be in accordance with regulations
prescribed by the governor. [1989 c 48 § 17; 1963 c 220 §
17.]
38.38.192 Sentences of dismissal or dishonorable
discharge to be approved by the governor. In the organized militia not in federal service, no sentence of dismissal
or dishonorable discharge may be executed until it is
approved by the governor. [1963 c 220 § 21.]
38.38.180 [Art. 18] Jurisdiction of general courtsmartial. Subject to RCW 38.38.176, general courts martial
have jurisdiction to try persons subject to this code for any
offense made punishable by this code and may, under such
limitations as the governor may prescribe, adjudge any of the
following punishments:
(1) A fine of not more than two hundred dollars;
(2) Forfeiture of pay and allowances;
(3) A reprimand;
(4) Dismissal or dishonorable discharge;
(5) Reduction of a noncommissioned officer to the
ranks; or
(6) Any combination of these punishments. [1963 c 220
§ 18.]
38.38.196 Complete record of proceedings and
testimony if dishonorable discharge or dismissal adjudged. A dishonorable discharge or dismissal may not be
adjudged by any court-martial unless a complete record of
the proceedings and testimony before the court has been
made. [1989 c 48 § 20; 1963 c 220 § 22.]
38.38.184 [Art. 19] Jurisdiction of special courtsmartial—Dishonorable discharge. Subject to RCW
38.38.176, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may
be punished under this code. A special court-martial has the
same powers of punishment as a general court-martial,
except that a fine imposed by a special court-martial may not
be more than one hundred dollars for a single offense. A
dishonorable discharge may not be adjudged unless a
complete record of the proceedings and testimony has been
made, counsel having the qualifications prescribed under
RCW 38.38.260 was detailed to represent the accused, and
a military judge was detailed to the trial, except in any case
in which a military judge could not be detailed to the trial
because of physical conditions or military exigencies. In any
such case in which a military judge was not detailed to the
trial, the convening authority shall make a detailed written
statement, to be appended to the record, stating the reason or
reasons a military judge could not be detailed. [1989 c 48
§ 18; 1963 c 220 § 19.]
38.38.188 [Art. 20] Jurisdiction of summary courtsmartial. (1) Subject to RCW 38.38.176, summary courtsmartial have jurisdiction to try persons subject to this code,
except officers for any offense made punishable by this
code.
(2) No person with respect to whom summary courtsmartial have jurisdiction may be brought to trial before a
summary court-martial if the person objects thereto, unless
under RCW 38.38.132 the person has been permitted and has
elected to refuse punishment under that section. If objection
to trial by summary court-martial is made by an accused
who has been permitted to refuse punishment under RCW
38.38.132, trial shall be ordered by special or general courtmartial, as may be appropriate.
(3) A summary court-martial may sentence to a fine of
not more than twenty-five dollars for a single offense, to
forfeiture of pay and allowances, and to reduction of a
noncommissioned officer to the ranks. [1989 c 48 § 19;
1963 c 220 § 20.]
[Title 38 RCW—page 22]
38.38.200 Confinement instead of fine. In the
organized militia not in federal service, a court-martial may,
instead of imposing a fine, sentence to confinement for not
more than one day for each dollar of the authorized fine.
[1989 c 48 § 21; 1963 c 220 § 23.]
PART V—APPOINTMENT AND COMPOSITION OF
COURTS-MARTIAL
38.38.240 [Art. 22] Who may convene general
courts-martial. In the organized militia not in federal
service, general courts-martial may be convened by the
president or by the governor, or by the commanding general
of the national guard of the District of Columbia. [1989 c
48 § 22; 1963 c 220 § 24.]
38.38.244 [Art. 23] Special courts-martial of
organized militia not in federal service—Who may
convene. (1) In the organized militia not in federal service,
the commanding officer of a garrison, fort, post, camp, air
base, auxiliary air base, or other place where troops are on
duty, or of a brigade, regiment, wing, group, detached
battalion, separate squadron, or other detached command,
may convene special courts-martial. Special courts-martial
may also be convened by superior authority. When any such
officer is an accuser, the court shall be convened by superior
competent authority.
(2) A special court-martial may not try a commissioned
officer. [1989 c 48 § 23; 1963 c 220 § 25.]
38.38.248 [Art. 24] Summary courts-martial of
organized militia not in federal service—Who may
convene. (1) In the organized militia not in federal service,
the commanding officer of a garrison, fort, post, camp, air
base, auxiliary air base, or other place where troops are on
duty, or of a regiment, wing, group, detached battalion,
detached squadron, detached company, or other detachment,
may convene a summary court-martial consisting of one
commissioned officer. The proceedings shall be informal.
(2) When only one commissioned officer is present with
a command or detachment the commissioned officer shall be
the summary court-martial of that command or detachment
and shall hear and determine all summary court-martial cases
brought before him or her. Summary courts-martial may,
however, be convened in any case by superior competent
authority when considered desirable. [1989 c 48 § 24; 1963
c 220 § 26.]
(2002 Ed.)
Washington Code of Military Justice
38.38.252 [Art. 25] Who may serve on courtsmartial. (1) Any commissioned officer of or on duty with
the organized militia is eligible to serve on all courts-martial
for the trial of any person who may lawfully be brought
before such courts for trial.
(2) Any warrant officer of or on duty with the organized
militia is eligible to serve on general and special courtsmartial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such
courts for trial.
(3)(a) Any enlisted member of the organized militia who
is not a member of the same unit as the accused is eligible
to serve on general and special courts-martial for the trial of
any enlisted member who may lawfully be brought before
such courts for trial, but shall serve as a member of a court
only if, before the conclusion of a session called by the
military judge under RCW 38.38.380(1) prior to trial or, in
the absence of such a session, before the court is assembled
for the trial of the accused, the accused personally has
requested in writing that enlisted members serve on it. After
such a request, the accused may not be tried by a general or
special court-martial the membership of which does not
include enlisted members in a number comprising at least
one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical
conditions or military exigencies. If such members cannot
be obtained, the court may be convened and the trial held
without them, but the convening authority shall make a
detailed written statement, to be appended to the record,
stating why they could not be obtained.
(b) In this section, the word "unit" means any regularly
organized body of the organized militia not larger than a
company, a squadron, or a body corresponding to one of
them.
(4)(a) When it can be avoided, no person subject to this
code may be tried by a court-martial any member of which
is junior to the person in rank or grade.
(b) When convening a court-martial, the convening
authority shall detail as members thereof such members as,
in his or her opinion, are best qualified for the duty by
reason of age, education, training, experience, length of
service, and judicial temperament. No member is eligible to
serve as a member of a general or special court-martial when
the member is the accuser or a witness for the prosecution
or has acted as investigating officer or as counsel in the
same case.
(c) Before a court-martial is assembled for the trial of
a case, the convening authority may excuse a member of the
court from participating in the case. Under such regulations
as the governor may prescribe, the convening authority may
delegate his or her authority under this subsection to the staff
judge advocate or to any other principal assistant. [1989 c
48 § 25; 1963 c 220 § 27.]
38.38.256 [Art. 26] Military judge of a general or
special court-martial. (1) A military judge shall be detailed
to each general court-martial. Subject to regulations of the
governor, a military judge may be detailed to any special
court-martial. The governor shall prescribe regulations
providing for the manner in which military judges are
detailed for such courts-martial and for the persons who are
(2002 Ed.)
38.38.252
authorized to detail military judges for such courts-martial.
The military judge shall preside over each open session of
the court-martial to which he or she has been detailed.
(2) A military judge shall be a commissioned officer of
the armed forces who is a member of the bar of a federal
court or a member of the bar of the highest court of a state
and who is certified to be qualified for duty as a military
judge by the state judge advocate.
(3) The military judge of a general court-martial shall be
designated by the state judge advocate or a designee for
detail in accordance with regulations prescribed under
subsection (1) of this section. Unless the court-martial was
convened by the governor, neither the convening authority
nor any member of the staff shall prepare or review any
report concerning the effectiveness, fitness, or efficiency of
the military judge so detailed, which relates to performance
of duty as a military judge. A commissioned officer who is
certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he or
she is assigned and directly responsible to the state judge
advocate or designee, and may perform duties of a judicial
or nonjudicial nature other than those relating to the primary
duty as a military judge of a general court-martial when such
duties are assigned by or with the approval of the state judge
advocate or designee.
(4) No person is eligible to act as military judge in a
case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the
same case.
(5) The military judge of a court-martial may not
consult with the members of the court except in the presence
of the accused, trial counsel, and defense counsel, nor may
the military judge vote with the members of the court.
[1989 c 48 § 26; 1963 c 220 § 28.]
38.38.260 [Art. 27] Detail of trial counsel and
defense counsel. (1)(a) Trial counsel and defense counsel
shall be detailed for each general and special court-martial.
Assistant trial counsel and assistant and associate defense
counsel may be detailed for each general and special courtmartial. The governor shall prescribe regulations providing
for the manner in which counsel are detailed for such courtsmartial and for the persons who are authorized to detail
counsel for such courts-martial.
(b) No person who has acted as investigating officer,
military judge, or court member in any case may act later as
trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or
associate defense counsel in the same case. No person who
has acted for the prosecution may act later in the same case
for the defense, nor may any person who has acted for the
defense act later in the same case for the prosecution.
(2) Trial counsel or defense counsel detailed for a
general court-martial:
(a) Must be a judge advocate who is a graduate of an
accredited law school or is a member of the bar of a federal
court or of the highest court of a state, or must be a member
of the bar of a federal court or of the highest court of a
state; and
(b) Must be certified as competent to perform such
duties by the state judge advocate.
[Title 38 RCW—page 23]
38.38.260
Title 38 RCW: Militia and Military Affairs
(3) In the case of a special court-martial:
(a) The accused shall be afforded the opportunity to be
represented at the trial by counsel having the qualifications
prescribed under subsection (2) of this section unless counsel
having such qualifications cannot be obtained on account of
physical conditions or military exigencies. If counsel having
such qualifications cannot be obtained, the court may be
convened and the trial held but the convening authority shall
make a detailed written statement, to be appended to the
record, stating why counsel with such qualifications could
not be obtained;
(b) If the trial counsel is qualified to act as counsel
before a general court-martial, the defense counsel detailed
by the convening authority must be a person similarly
qualified; and
(c) If the trial counsel is a judge advocate or a member
of the bar of a federal court or the highest court of a state,
the defense counsel detailed by the convening authority must
be one of the foregoing. [1991 c 43 § 6; 1989 c 48 § 27;
1963 c 220 § 29.]
38.38.264 [Art. 28] Detail or employment of reporters and interpreters. Under such regulations as the
governor may prescribe, the convening authority of a general
or special court martial or court of inquiry shall detail or
employ qualified court reporters, who shall record the
proceedings of and testimony taken before that court. Under
like regulations the convening authority of a military court
may detail or employ interpreters who shall interpret for the
court. [1963 c 220 § 30.]
38.38.268 [Art. 29] Absent and additional members.
(1) No member of a general or special court-martial may be
absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge,
excused by the military judge for physical disability or other
good cause, or excused by order of the convening authority
for good cause.
(2) Whenever a general court-martial, other than a
general court-martial composed of a military judge only, is
reduced below five members, the trial may not proceed
unless the convening authority details new members sufficient in number to provide not less than five members. The
trial may proceed with the new members present after the
recorded evidence previously introduced before the members
of the court has been read to the court in the presence of the
military judge, the accused, and counsel for both sides.
(3) Whenever a special court-martial, other than a
special court-martial composed of a military judge only, is
reduced below three members, the trial may not proceed
unless the convening authority details new members sufficient in number to provide not less than three members. The
trial shall proceed with the new members present as if no
evidence had previously been introduced at the trial, unless
a verbatim record of the evidence previously introduced
before the members of the court or a stipulation thereof is
read to the court in the presence of the military judge, if any,
the accused, and counsel for both sides.
(4) If the military judge of a court-martial composed of
a military judge only is unable to proceed with the trial
because of physical disability, as a result of a challenge, or
[Title 38 RCW—page 24]
for other good cause, the trial shall proceed, subject to any
applicable conditions of RCW 38.38.172(2) (a) or (b), after
the detail of a new military judge as if no evidence had
previously been introduced, unless a verbatim record of the
evidence previously introduced or a stipulation thereof is
read in court in the presence of the new military judge, the
accused, and counsel for both sides. [1989 c 48 § 28; 1963
c 220 § 31.]
PART VI—PRETRIAL PROCEDURE
38.38.308 [Art. 30] Charges and specifications. (1)
Charges and specifications shall be signed by a person
subject to this code under oath before a person authorized by
this code to administer oaths and shall state:
(a) That the signer has personal knowledge of, or has
investigated, the matters set forth therein; and
(b) That they are true in fact to the best of his or her
knowledge and belief.
(2) Upon the preferring of charges, the proper authority
shall take immediate steps to determine what disposition
should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the
charges against him or her as soon as practicable. [1989 c
48 § 29; 1963 c 220 § 32.]
38.38.312 [Art. 31] Compulsory self-incrimination
prohibited. (1) No person subject to this code may compel
persons to incriminate themselves or to answer any question
the answer to which may tend to incriminate them.
(2) No person subject to this code may interrogate, or
request any statement from, an accused or a person suspected of an offense without first informing the person of the
nature of the accusation and advising that the person does
not have to make any statement regarding the offense of
which he or she is accused or suspected and that any
statement made by the person may be used as evidence
against him or her in a trial by court-martial.
(3) No person subject to this code may compel any
person to make a statement or produce evidence before any
military tribunal if the statement or evidence is not material
to the issue and may tend to degrade the person.
(4) No statement obtained from any person in violation
of this section, or through the use of coercion, unlawful
influence, or unlawful inducement may be received in
evidence against the person in a trial by court-martial. [1989
c 48 § 30; 1963 c 220 § 33.]
38.38.316 [Art. 32] Investigation. (1) No charge or
specification may be referred to a general court-martial for
trial until a thorough and impartial investigation of all the
matters set forth therein has been made. This investigation
shall include inquiry as to the truth of the matter set forth in
the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of
the case in the interest of justice and discipline.
(2) The accused shall be advised of the charges against
him or her and of the right to be represented at that investigation by counsel. The accused has a right to be represented
at that investigation as provided in RCW 38.38.376 and in
regulations prescribed under that section.
(2002 Ed.)
Washington Code of Military Justice
At that investigation full opportunity shall be given to
the accused to cross-examine witnesses against him or her if
they are available and to present anything the person may
desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available
witnesses requested by the accused. If the charges are
forwarded after the investigation, they shall be accompanied
by a statement of the substance of the testimony taken on
both sides and a copy thereof shall be given to the accused.
(3) If an investigation of the subject matter of an
offense has been conducted before the accused is charged
with the offense, and if the accused was present at the
investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in
subsection (2) hereof, no further investigation of that charge
is necessary under this section unless it is demanded by the
accused after being informed of the charge. A demand for
further investigation entitles the accused to recall witnesses
for further cross-examination and to offer any new evidence
in his or her own behalf.
(4) The requirements of this section are binding on all
persons administering this code but failure to follow them
does not divest a military court of jurisdiction. [1989 c 48
§ 31; 1963 c 220 § 34.]
38.38.320 [Art. 33] Forwarding of charges. When
a person is held for trial by general court-martial the
commanding officer shall, within eight days after the
accused is ordered into arrest or confinement, if practicable,
forward the charges, together with the investigation and
allied papers, to the governor. If that is not practicable, the
officer shall report in writing to the governor the reasons for
delay. [1989 c 48 § 32; 1963 c 220 § 35.]
38.38.324 [Art. 34] Advice of state judge advocate
and reference for trial. (1) Before directing the trial of any
charge by general court-martial, the convening authority shall
refer it to the state judge advocate for consideration and
advice. The convening authority may not refer a charge to
a general court-martial for trial unless he or she has found
that the charge alleges an offense under this code, is warranted by evidence indicated in the report of the investigation under RCW 38.38.316, if there is such a report, and the
court-martial would have jurisdiction over the accused and
the offense.
(2) The advice of the staff judge advocate under
subsection (1) of this section with respect to a specification
under a charge shall include a written and signed statement
by the staff judge advocate:
(a) Expressing conclusions with respect to each matter
set forth in subsection (1) of this section; and
(b) Recommending action that the convening authority
take regarding the specification.
If the specification is referred for trial, the recommendation
of the state judge advocate shall accompany the specification.
(3) If the charges or specifications are not formally
correct or do not conform to the substance of the evidence
contained in the report of the investigating officer, formal
corrections, and such changes in the charges and specifica-
(2002 Ed.)
38.38.316
tions as are needed to make them conform to the evidence
may be made. [1989 c 48 § 33; 1963 c 220 § 36.]
38.38.328 [Art. 35] Service of charges. The trial
counsel to whom court-martial charges are referred for trial
shall cause to be served upon the accused a copy of the
charges upon which trial is to be had. In time of peace no
person may, against his or her objection, be brought to trial
or be required to participate by himself or counsel in a
session called by a military judge under RCW 38.38.380(1),
in a general court-martial within a period of five days after
the service of the charges upon him or her, or before a
special court-martial within a period of three days after the
service of the charges upon him or her. [1989 c 48 § 34;
1963 c 220 § 37.]
PART VII—TRIAL PROCEDURE
38.38.368 [Art. 36] Governor may prescribe rules.
The procedure, including modes of proof, in cases before
military courts and other military tribunals may be prescribed
by the governor by regulations, which shall, so far as the
governor considers practicable, apply the principles of law
and the rules of evidence generally recognized in the trial of
criminal cases in the courts of the state, but which may not
be contrary to or inconsistent with this code. [1989 c 48 §
35; 1963 c 220 § 38.]
38.38.372 [Art. 37] Unlawfully influencing action of
court. (1) No authority convening a general, special, or
summary court-martial nor any other commanding officer, or
officer serving on the staff thereof, may censure, reprimand,
or admonish the court or any member, military judge, or
counsel thereof, with respect to the findings or sentence
adjudged by the court, or with respect to any other exercise
of its or his or her functions in the conduct of the proceeding. No person subject to this code may attempt to
coerce or, by any unauthorized means, influence the action
of the court-martial or any other military tribunal or any
member thereof, in reaching the findings or sentence in any
case, or the action of any convening, approving, or reviewing
authority with respect to judicial acts. The foregoing
provisions of this section shall not apply with respect to (a)
general instructional or informational courses in military
justice if such courses are designed solely for the purpose of
instructing members of a command in the substantive and
procedural aspects of courts-martial, or (b) to statements and
instructions given in open court by the military judge,
president of a special court-martial, or counsel.
(2) In the preparation of an effectiveness, fitness, or
efficiency report or any other report or document used in
whole or in part for the purpose of determining whether a
member of the organized militia is qualified to be advanced,
in grade, or in determining the assignment or transfer of a
member of the organized militia, or in determining whether
a member of the organized militia should be retained on
active duty, no person subject to this chapter may, in
preparing any such report (a) consider or evaluate the
performance of duty of any such member of a court-martial,
or (b) give a less favorable rating or evaluation of any
member of the organized militia because of the zeal with
[Title 38 RCW—page 25]
38.38.372
Title 38 RCW: Militia and Military Affairs
which such member, as counsel, represented any accused
before a court-martial. [1989 c 48 § 36; 1963 c 220 § 39.]
38.38.376 [Art. 38] Duties of trial counsel and
defense counsel. (1) The trial counsel of a general or
special court-martial shall prosecute in the name of the state,
and shall, under the direction of the court, prepare the record
of the proceedings.
(2) The accused has the right to be represented in his or
her defense before a general or special court-martial by
civilian counsel if provided by the accused, or by military
counsel of his or her own selection if reasonably available as
defined in regulations of the governor, or by the defense
counsel detailed under RCW 38.38.260. Should the accused
have civilian counsel of his or her own selection, the defense
counsel, and assistant defense counsel, if any, who were
detailed, shall, if the accused so desires, act as associate
counsel; otherwise they shall be excused by the military
judge or president of a special court-martial.
(3) In every court-martial proceeding, the defense
counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters the
defense counsel feels should be considered in behalf of the
accused on review, including any objection to the contents
of the record which he or she considers appropriate and
assist the accused in the submission of any matter under
RCW 38.38.536.
(4) An assistant trial counsel of a general court-martial
may, under the direction of the trial counsel or when
qualified to be a trial counsel as required by RCW
38.38.260, perform any duty imposed by law, regulation, or
the custom of the service upon the trial counsel of the court.
An assistant trial counsel of a special court-martial may
perform any duty of the trial counsel.
(5) An assistant defense counsel of a general or special
court-martial may, under the direction of the defense counsel
or when qualified to be the defense counsel as required by
RCW 38.38.260, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the
accused. [1989 c 48 § 37; 1963 c 220 § 40.]
38.38.380 [Art. 39] Sessions. (1) At any time after
the service of charges which have been referred for trial to
a court-martial composed of a military judge and members,
the military judge may, subject to RCW 38.38.328, call the
court into session without the presence of the members for
the purpose of:
(a) Hearing and determining motions raising defenses or
objections which are capable of determination without trial
of the issues raised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may be
ruled upon by the military judge under this chapter, whether
or not the matter is appropriate for later consideration or
decision by the members of the court;
(c) Holding the arraignment and receiving the pleas of
the accused; and
(d) Performing any other procedural function which may
be performed by the military judge under this chapter or
under rules prescribed pursuant to RCW 38.38.368 and
which does not require the presence of the members of the
court.
[Title 38 RCW—page 26]
These proceedings shall be conducted in the presence of the
accused, the defense counsel, and the trial counsel and shall
be made a part of the record.
(2) When the members of a court-martial deliberate or
vote, only the members may be present. All other proceedings, including any other consultation of the members of the
court with counsel or the military judge, shall be made a part
of the record and shall be in the presence of the accused, the
defense counsel, the trial counsel, and in cases in which a
military judge has been detailed to the court, the military
judge. [1989 c 48 § 38; 1963 c 220 § 41.]
38.38.384 [Art. 40] Continuances. The military
judge or a court-martial without a military judge may, for
reasonable cause, grant a continuance to any party for such
time and as often as may appear to be just. [1989 c 48 §
39; 1963 c 220 § 42.]
38.38.388 [Art. 41] Challenges. (1) The military
judge and members of a general or special court-martial may
be challenged by the accused or the trial counsel for cause
stated to the court. The military judge or, if none, the court
shall determine the relevance and validity of challenges for
cause and may not receive a challenge to more than one
person at a time. Challenges by the trial counsel shall
ordinarily be presented and decided before those by the
accused are offered.
(2) Each accused and the trial counsel is entitled to one
peremptory challenge, but the military judge may not be
challenged except for cause. [1989 c 48 § 40; 1963 c 220
§ 43.]
38.38.392 [Art. 42] Oaths. (1) Before performing
their respective duties, military judges, members of general
and special courts-martial, trial counsel, assistant trial
counsel, defense counsel, assistant or associate defense
counsel, reporters, and interpreters shall take an oath to
perform their duties faithfully. The form of the oath, the
time and place of the taking thereof, the manner of recording
the same, and whether the oath shall be taken for all cases
in which these duties are to be performed or for a particular
case, shall be as prescribed in regulations of the governor.
These regulations may provide that an oath to perform
faithfully duties as a military judge, trial counsel, assistant
trial counsel, defense counsel, or assistant or associate
defense counsel may be taken at any time by a judge
advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not
again be taken at the time the judge advocate, or other
person, is detailed to that duty.
(2) Each witness before a court-martial shall be examined on oath. [1989 c 48 § 41; 1963 c 220 § 44.]
38.38.396 [Art. 43] Statute of limitations. (1) A
person charged with desertion or absence without leave in
time of war, or with aiding the enemy or with mutiny may
be tried and punished at any time without limitation.
(2) Except as otherwise provided in this section, a
person charged with desertion in time of peace or with the
offense punishable under RCW 38.38.784 is not liable to be
tried by court-martial if the offense was committed more
(2002 Ed.)
Washington Code of Military Justice
than three years before the receipt of sworn charges and
specifications by an officer exercising summary court-martial
jurisdiction over the command.
(3) Except as otherwise provided in this section, a
person charged with any offense is not liable to be tried by
court-martial or punished under RCW 38.38.132 if the
offense was committed more than two years before the
receipt of sworn charges and specifications by an officer
exercising summary court-martial jurisdiction over the
command or before the imposition of punishment under
RCW 38.38.132.
(4) Periods in which the accused was absent from
territory in which the state has the authority to apprehend the
accused, or in the custody of civil authorities, or in the hands
of the enemy, shall be excluded in computing the period of
limitation prescribed in this section. [1989 c 48 § 42; 1963
c 220 § 45.]
38.38.400 [Art. 44] Former jeopardy. (1) No person
may, without the person’s consent, be tried a second time in
any military court of the state for the same offense.
(2) No proceeding in which an accused has been found
guilty by a court-martial upon any charge or specification is
a trial in the sense of this section until the finding of guilty
has become final after review of the case has been fully
completed.
(3) A proceeding which, after the introduction of
evidence but before a finding, is dismissed or terminated by
the convening authority or on motion of the prosecution for
failure of available evidence or witnesses without any fault
of the accused is a trial in the sense of this section. [1989
c 48 § 43; 1963 c 220 § 46.]
38.38.404 [Art. 45] Pleas of the accused. (1) If an
accused arraigned before a court-martial makes an irregular
pleading, or after a plea of guilty sets up matter inconsistent
with the plea, or if it appears that the accused has entered
the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or
refuses to plead, a plea of not guilty shall be entered in the
record, and the court shall proceed as though the accused
had pleaded not guilty.
(2) With respect to any other charge or specification to
which a plea of guilty has been made by the accused and
accepted by the military judge or by a court-martial without
a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This
finding shall constitute the finding of the court unless the
plea of guilty is withdrawn prior to announcement of the
sentence, in which event the proceedings shall continue as
though the accused had pleaded not guilty. [1991 c 43 § 7;
1989 c 48 § 44; 1963 c 220 § 47.]
38.38.408 [Art. 46] Opportunity to obtain witnesses
and other evidence. (1) The trial counsel, the defense
counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence in accordance with
such regulations as the governor may prescribe.
(2) The president of a special court-martial, military
judge, or a summary court officer may:
(2002 Ed.)
38.38.396
(a) Issue a warrant for the arrest of any accused person
who, having been served with a warrant and a copy of the
charges, disobeys a written order by the convening authority
to appear before the court;
(b) Issue subpoenas duces tecum and other subpoenas;
(c) Enforce by attachment the attendance of witnesses
and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as
provided in actions before civil courts of the state.
(3) Process issued in court-martial cases to compel
witnesses to appear and testify and to compel the production
of other evidence shall run to any part of the state and shall
be executed by civil officers as prescribed by the laws of the
state. [1989 c 48 § 45; 1963 c 220 § 48.]
38.38.412 [Art. 47] Refusal to appear or testify—
Penalty. (1) Any person not subject to this code who:
(a) Has been duly subpoenaed to appear as a witness or
to produce books and records before a court-martial, military
commission, court of inquiry, or any other military court or
board, or before any military or civil officer designated to
take a deposition to be read in evidence before such a court;
(b) Has been duly paid or tendered the fees and mileage
of a witness at the rates allowed to witnesses attending the
superior court of the state; and
(c) Wilfully neglects or refuses to appear, or refuses to
qualify as a witness or to testify or to produce any evidence
which that person may have been legally subpoenaed to
produce; is guilty of an offense against the state.
(2) Any person who commits an offense named in
subsection (1) of this section shall be tried before the
superior court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon
conviction, such a person shall be punished by a fine of not
more than five hundred dollars, or imprisonment for not
more than six months, or both.
(3) The prosecuting attorney in any such court, upon the
certification of the facts by the military court, commission,
court of inquiry, or board, shall prosecute any person
violating this section. [1989 c 48 § 46; 1963 c 220 § 49.]
38.38.416 Contempts. A military court may punish
for contempt any person who uses any menacing word, sign,
or gesture in its presence, or who disturbs its proceedings by
any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or
both. [1963 c 220 § 50.]
38.38.420 [Art. 49] Depositions. (1) At any time
after charges have been signed, as provided in RCW
38.38.308, any party may take oral or written depositions
unless a military judge or court-martial without a military
judge hearing the case, or if the case is not being heard, an
authority competent to convene a court-martial for the trial
of those charges forbids it for good cause. If a deposition is
to be taken before charges are referred for trial, such an
authority may designate commissioned officers to represent
the prosecution and the defense and may authorize those
officers to take the deposition of any witness.
[Title 38 RCW—page 27]
38.38.420
Title 38 RCW: Militia and Military Affairs
(2) The party at whose instance a deposition is to be
taken shall give to every other party reasonable written
notice of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated
by any military or civil officer authorized by the laws of the
state or by the laws of the place where the deposition is
taken to administer oaths.
(4) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or,
in the case of audiotape, videotape, or similar material, may
be played in evidence before any court-martial or in any
proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state in
which the court-martial or court of inquiry is ordered to sit,
or beyond the distance of one hundred miles from the place
of trial or hearing;
(b) That the witness by reason of death, age, sickness,
bodily infirmity, imprisonment, military necessity,
nonamenability to process, or other reasonable cause, is
unable or refuses to appear and testify in person at the place
of trial or hearing; or
(c) That the present whereabouts of the witness is
unknown. [1989 c 48 § 47; 1963 c 220 § 51.]
38.38.424 [Art. 50] Admissibility of records of
courts of inquiry. (1) In any case not extending to the
dismissal of a commissioned officer, the sworn testimony,
contained in the duly authenticated record of proceedings of
a court of inquiry, of a person whose oral testimony cannot
be obtained, may, if otherwise admissible under the rules of
evidence, be read in evidence by any party before a court
martial if the accused was a party before the court of inquiry
and if the same issue was involved or if the accused consents to the introduction of such evidence.
(2) Such testimony may be read in evidence only by the
defense in cases extending to the dismissal of a commissioned officer.
(3) Such testimony may also be read in evidence before
a court of inquiry or a military board. [1963 c 220 § 52.]
38.38.428 [Art. 51] Voting, rulings, instructions. (1)
Voting by members of a general or special court-martial on
the findings and on the sentence, and by members of a
court-martial without a military judge upon questions of
challenge, shall be by secret written ballot. The junior
member of the court shall count the votes. The count shall
be checked by the president, who shall forthwith announce
the result of the ballot to the members of the court.
(2) The military judge and, except for questions of
challenge, the president of a court-martial without a military
judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling
made by the military judge upon any question of law or any
interlocutory question other than the factual issue of mental
responsibility of the accused, or by the president of a courtmartial without a military judge upon any question of law
other than a motion for a finding of not guilty, is final and
constitutes the ruling of the court. However, the military
judge or the president of a court-martial without a military
judge may change a ruling at any time during the trial.
[Title 38 RCW—page 28]
Unless the ruling is final, if any member objects thereto, the
court shall be cleared and closed and the question decided by
a vote as provided in RCW 38.38.432, beginning with the
junior in rank.
(3) Before a vote is taken on the findings, the military
judge or the president of a court-martial without a military
judge shall, in the presence of the accused and counsel,
instruct the members of the court as to the elements of the
offense and charge them:
(a) That the accused must be presumed to be innocent
until guilt is established by legal and competent evidence
beyond reasonable doubt;
(b) That in the case being considered, if there is
reasonable doubt as to the guilt of the accused, the doubt
must be resolved in favor of the accused and the accused
must be acquitted;
(c) That, if there is a reasonable doubt as to the degree
of guilt, the finding must be in a lower degree to which
there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the
accused beyond reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not
apply to a court-martial composed of a military judge only.
The military judge of such a court-martial shall determine all
questions of law and fact arising during the proceedings and,
if the accused is convicted, adjudge an appropriate sentence.
The military judge of such a court-martial shall make a
general finding and shall in addition on request find the facts
specially. If an opinion or memorandum of decision is filed,
it will be sufficient if the findings of fact appear therein.
[1989 c 48 § 48; 1963 c 220 § 53.]
38.38.432 [Art. 52] Number of votes required. (1)
No person may be convicted of an offense, except as
provided in RCW 38.38.404(2) or by the concurrence of
two-thirds of the members present at the time the vote is
taken.
(2) All sentences shall be determined by the concurrence
of two-thirds of the members present at the time that the
vote is taken.
(3) All other questions to be decided by the members of
a general or special court-martial shall be determined by a
majority vote, but a determination to reconsider a finding of
guilty, or to reconsider a sentence with a view towards
decreasing it, may be made by any lesser vote which
indicates that the reconsideration is not opposed by the
number of votes required for that finding or sentence. A tie
vote on a challenge disqualifies the member challenged. A
tie vote on a motion for a finding of not guilty or on a
motion relating to the question of the accused’s sanity is a
determination against the accused. A tie vote on any other
question is a determination in favor of the accused. [1989
c 48 § 49; 1963 c 220 § 54.]
38.38.436 [Art. 53] Court to announce action. A
court martial shall announce its findings and sentence to the
parties as soon as determined. [1963 c 220 § 55.]
38.38.440 [Art. 54] Record of trial. (1) Each general
court-martial shall keep a separate record of the proceedings
in each case brought before it, and the record shall be
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Washington Code of Military Justice
authenticated by the signature of the military judge. If the
record cannot be authenticated by the military judge by
reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a
member if the trial counsel is unable to authenticate it by
reason of death, disability, or absence. In a court-martial
consisting of only a military judge, the record shall be
authenticated by the court reporter under the same conditions
which would impose such a duty on a member under this
subsection.
(2) Each special and summary court-martial shall keep
a separate record of the proceedings in each case, and the
record shall be authenticated in the manner required by such
regulations as the governor may prescribe.
(3)(a) A complete record of the proceedings and
testimony shall be prepared:
(i) In each general court-martial case in which the
sentence adjudged includes a dismissal, a discharge, or, if
the sentence adjudged does not include a discharge, any
other punishment which exceeds that which may otherwise
be adjudged by a special court-martial; and
(ii) In each special court-martial case in which the
sentence adjudged includes a dishonorable discharge.
(b) In all other court-martial cases, the record shall
contain such matters as may be prescribed by regulations of
the governor.
(4) A copy of the record of the proceedings of each
general and special court-martial shall be given to the
accused as soon as it is authenticated. [1989 c 48 § 50;
1963 c 220 § 56.]
PART VIII—SENTENCES
38.38.480 [Art. 55] Cruel and unusual punishments
prohibited. Punishment by flogging, or by branding,
marking or tattooing on the body, or any other cruel or
unusual punishment, may not be adjudged by any court
martial or inflicted upon any person subject to this code.
The use of irons, single or double, except for the purpose of
safe custody, is prohibited. [1963 c 220 § 57.]
38.38.484 [Art. 56] Maximum limits—Reduction in
pay grade. (1) The punishment which a court-martial may
direct for an offense may not exceed limits prescribed by
this code.
(2) Unless otherwise provided in regulations to be
prescribed by the governor, a court-martial sentence of an
enlisted member in a pay grade above E-1, as approved by
the convening authority, that includes a dishonorable
discharge reduces that member to pay grade E-1, effective
on the date of that approval.
(3) If the sentence of a member who is reduced in pay
grade under subsection (2) of this section is set aside or
disapproved, or, as finally approved, does not include any
punishment named in subsection (2) of this section, the
rights and privileges of which the member was deprived
because of that reduction shall be restored and the member
is entitled to the pay and allowances to which the member
would have been entitled for the period the reduction was in
effect, had he or she not been so reduced. [1989 c 48 § 51;
1963 c 220 § 58.]
(2002 Ed.)
38.38.440
38.38.488 [Art. 57] Effective date of sentences. (1)
No forfeiture may extend to any pay or allowances accrued
before the date on which the sentence is approved by the
person acting under RCW 38.38.536.
(2) Any period of confinement included in a sentence of
a court-martial begins to run from the date the sentence is
ordered to be executed by the convening authority, but
periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the
service of the term of confinement. Regulations prescribed
by the governor may provide that sentences of confinement
may not be executed until approved by designated officers.
(3) All other sentences of courts-martial are effective on
the date ordered executed.
(4) On application by an accused who is under sentence
to confinement that has not been ordered executed, the
convening authority or, if the accused is no longer under his
or her jurisdiction, the officer exercising general courtmartial jurisdiction over the command to which the accused
is currently assigned, may, in his or her sole discretion, defer
service of the sentence to confinement. The deferment shall
terminate when the sentence is ordered executed. The
deferment may be rescinded at any time by the officer who
granted it or, if the accused is no longer under his or her
jurisdiction, by the officer exercising general court-martial
jurisdiction over the command to which the accused is
currently assigned. [1989 c 48 § 52; 1963 c 220 § 59.]
38.38.492 [Art. 58] Execution of confinement. (1)
A sentence of confinement adjudged by a military court,
whether or not the sentence includes discharge or dismissal,
and whether or not the discharge or dismissal has been
executed, may be carried into execution by confinement in
any place of confinement under the control of any of the
forces of the organized militia or in any jail, penitentiary, or
prison designated for that purpose. Persons so confined in
a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the
jail, penitentiary, or prison by the courts of the state or of
any political subdivision thereof.
(2) The omission of the words "hard labor" from any
sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence
or punishment of the power to require hard labor as a part of
the punishment.
(3) The keepers, officers, and wardens of city or county
jails and of other jails, penitentiaries, or prisons designated
by the governor, or by such person as the governor may
authorize to act under RCW 38.38.080, shall receive persons
ordered into confinement before trial and persons committed
to confinement by a military court and shall confine them
according to law. No such keeper, officer, or warden may
require payment of any fee or charge for so receiving or
confining a person. [1989 c 48 § 53; 1963 c 220 § 60.]
PART IX—REVIEW OF COURTS-MARTIAL
38.38.532 Execution of sentence—Suspension of
sentence. Except as provided in RCW 38.38.196 and
38.38.556, a court-martial sentence, unless suspended, may
be ordered executed by the convening authority when
[Title 38 RCW—page 29]
38.38.532
Title 38 RCW: Militia and Military Affairs
approved by him or her. The convening authority shall
approve the sentence or such part, amount, or commuted
form of the sentence as he or she sees fit, and may suspend
the execution of the sentence as approved by him or her.
[1989 c 48 § 54; 1963 c 220 § 61.]
38.38.536 Initial action on the record. After a trial
by court martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may
be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor
in command, or by the governor. [1963 c 220 § 62.]
38.38.540 [Art. 60] Initial action on the record—
General court-martial records. The convening authority
shall refer the record of each general court-martial to the
staff judge advocate, who shall submit a written opinion
thereon to the convening authority. If the final action of the
court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction. [1989 c 48 § 55; 1963 c 220 § 63.]
38.38.544 [Art. 61] Reconsideration and revision.
(1) If a specification before a court martial has been dismissed on motion and the ruling does not amount to a
finding of not guilty, the convening authority may return the
record to the court for reconsideration of the ruling and any
further appropriate action.
(2) Where there is an apparent error or omission in the
record or where the record shows improper or inconsistent
action by a court martial with respect to a finding or
sentence which can be rectified without material prejudice to
the substantial rights of the accused, the convening authority
may return the record to the court for appropriate action. In
no case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty, or a
ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty of any
charge, unless the record shows a finding of guilty under a
specification laid under that charge, which sufficiently
alleges a violation of some section of this code; or
(c) For increasing the severity of the sentence unless the
sentence prescribed for the offense is mandatory. [1963 c
220 § 64.]
38.38.548 [Art. 62] Rehearings. (1) If the convening
authority disapproves the findings and sentence of a court
martial he may, except where there is lack of sufficient
evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for
disapproval. If he disapproves the findings and sentence and
does not order a rehearing, he shall dismiss the charges.
(2) Each rehearing shall take place before a court
martial composed of members not members of the court
martial which first heard the case. Upon a rehearing the
accused may not be tried for any offense of which he was
found not guilty by the first court martial, and no sentence
in excess of or more severe than the original sentence may
be imposed, unless the sentence is based upon a finding of
guilty of an offense not considered upon the merits in the
[Title 38 RCW—page 30]
original proceedings, or unless the sentence prescribed for
the offense is mandatory. [1963 c 220 § 65.]
38.38.552 [Art. 63] Approval by the convening
authority. In acting on the findings and sentence of a court
martial, the convening authority may approve only such
findings of guilty, and the sentence or such part or amount
of the sentence, as he finds correct in law and fact and as he
in his discretion determines should be approved. Unless he
indicates otherwise, approval of the sentence is approval of
the findings and sentence. [1963 c 220 § 66.]
38.38.556 [Art. 64] Review of records—Disposition.
(1) If the convening authority is the governor, the governor’s
action on the review of any record of trial is final.
(2) In all other cases not covered by subsection (1), if
the sentence of a special court-martial as approved by the
convening authority includes a dishonorable discharge,
whether or not suspended, the entire record shall be sent to
the appropriate staff judge advocate of the state force concerned to be reviewed in the same manner as a record of
trial by general court-martial. The record and the opinion of
the staff judge advocate shall then be sent to the state judge
advocate for review.
(3) All other special and summary court-martial records
shall be sent to the judge advocate of the appropriate force
of the organized militia and shall be acted upon, transmitted,
and disposed of as may be prescribed by regulations of the
governor.
(4) The state judge advocate shall review the record of
trial in each case sent for review as provided under subsection (2) of this section. If the final action of the courtmartial has resulted in an acquittal of all charges and
specifications, the opinion of the state judge advocate is
limited to questions of jurisdiction.
(5) The state judge advocate shall take final action in
any case reviewable by the state judge advocate.
(6) In a case reviewable by the state judge advocate
under this section, the state judge advocate may act only
with respect to the findings and sentence as approved by the
convening authority. The state judge advocate may affirm
only such findings of guilty, and the sentence or such part or
amount of the sentence, as the state judge advocate finds
correct in law and fact and determines, on the basis of the
entire record, should be approved. In considering the record,
the state judge advocate may weigh the evidence, judge the
credibility of witnesses, and determine controverted questions
of fact, recognizing that the trial court saw and heard the
witnesses. If the state judge advocate sets aside the findings
and sentence, the state judge advocate may, except where the
setting aside is based on lack of sufficient evidence in the
record to support the findings, order a rehearing. If the state
judge advocate sets aside the findings and sentence and does
not order a rehearing, he shall order that the charges be
dismissed.
(7) In a case reviewable by the state judge advocate
under this section, the state judge advocate shall instruct the
convening authority to act in accordance with the state judge
advocate’s decision on the review. If the state judge
advocate has ordered a rehearing but the convening authority
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Washington Code of Military Justice
finds a rehearing impracticable, the state judge advocate may
dismiss the charges.
(8) The state judge advocate may order one or more
boards of review each composed of not less than three
commissioned officers of the organized militia, each of
whom must be a member of the bar of the highest court of
the state. Each board of review shall review the record of
any trial by special court-martial, including a sentence to a
dishonorable discharge, referred to it by the state judge
advocate. Boards of review have the same authority on
review as the state judge advocate has under this section.
[1989 c 48 § 56; 1963 c 220 § 67.]
38.38.560 [Art. 65] Error of law—Lesser included
offense. (1) A finding or sentence of a court martial may
not be held incorrect on the ground of an error of law unless
the error materially prejudices the substantial rights of the
accused.
(2) Any reviewing authority with the power to approve
or affirm a finding of guilty may approve or affirm so much
of the finding as includes a lesser included offense. [1963
c 220 § 68.]
38.38.564 [Art. 66] Review counsel. (1) Upon the
final review of a sentence of a general court-martial, the
accused has the right to be represented by counsel before the
reviewing authority, before the staff judge advocate, and
before the state judge advocate.
(2) Upon the request of an accused entitled to be so
represented, the state judge advocate shall appoint a lawyer
who is a member of the organized militia and who has the
qualifications prescribed in RCW 38.38.260, if available, to
represent the accused before the reviewing authority, before
the staff judge advocate, and before the state judge advocate,
in the review of cases specified in subsection (1) of this
section.
(3) If provided by the accused, an accused entitled to be
so represented may be represented by civilian counsel before
the reviewing authority, before the staff judge advocate, and
before the state judge advocate. [1991 c 43 § 8; 1989 c 48
§ 57; 1963 c 220 § 69.]
38.38.568 [Art. 67] Vacation of suspension. (1)
Before the vacation of the suspension of a special courtmartial sentence, or of any general court-martial sentence,
the officer having special court-martial jurisdiction over the
probationer shall hold a hearing on the alleged violation of
probation. The probationer shall be represented at the
hearing by counsel if the probationer so desires.
(2) The record of the hearing and the recommendation
of the officer having special court-martial jurisdiction shall
be sent for action to the governor in cases involving a
general court-martial sentence and to the commanding officer
of the force of the organized militia of which the probationer
is a member in all other cases covered by subsection (1) of
this section. If the governor or commanding officer vacates
the suspension, any unexecuted part of the sentence except
a dismissal shall be executed.
(3) The suspension of any other sentence may be
vacated by any authority competent to convene, for the
command in which the accused is serving or assigned, a
(2002 Ed.)
38.38.556
court of the kind that imposed the sentence. [1989 c 48 §
58; 1963 c 220 § 70.]
38.38.572 [Art. 68] Petition for a new trial. At any
time within two years after approval by the convening
authority of a court-martial sentence which extends to
dismissal or dishonorable discharge, the accused may petition
the governor for a new trial on ground of newly discovered
evidence or fraud on the court-martial. [1989 c 48 § 59;
1963 c 220 § 71.]
38.38.576 [Art. 69] Remission and suspension. (1)
A convening authority may remit or suspend any part or
amount of the unexecuted part of any sentence, including all
uncollected forfeitures.
(2) The governor may, for good cause, substitute an
administrative form of discharge for a discharge or dismissal
executed in accordance with the sentence of a court martial.
[1963 c 220 § 72.]
38.38.580 [Art. 70] Restoration. (1) Under such
regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a courtmartial sentence which has been set aside or disapproved,
except an executed dismissal or discharge, shall be restored
unless a new trial or rehearing is ordered and such executed
part is included in a sentence imposed upon a new trial or
rehearing.
(2) If a previously executed sentence of dishonorable
discharge is not imposed on a new trial, the governor shall
substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out the
remainder of his enlistment.
(3) If a previously executed sentence of dismissal is not
imposed on a new trial, the governor shall substitute therefor
a form of discharge authorized for administrative issue, and
the commissioned officer dismissed by that sentence may be
reappointed by the governor alone to such commissioned
grade and with such rank as in the opinion of the governor
that former officer would have attained had he not been
dismissed. The reappointment of such a former officer may
be made if a position vacancy is available under applicable
tables of organization. All time between the dismissal and
reappointment shall be considered as service for all purposes.
[1989 c 48 § 60; 1963 c 220 § 73.]
38.38.584 [Art. 71] Finality of proceedings, findings
and sentences. The proceedings, findings and sentences of
courts martial as reviewed and approved, as required by this
code, and all dismissals and discharges carried into execution
under sentences by courts martial following review and approval, as required by this code, are final and conclusive.
Orders publishing the proceedings of courts martial and all
action taken pursuant to those proceedings are binding upon
all departments, courts, agencies, and officers of the state,
subject only to action upon a petition for a new trial as
provided in RCW 38.38.572. [1963 c 220 § 74.]
[Title 38 RCW—page 31]
38.38.624
Title 38 RCW: Militia and Military Affairs
PART X—PUNITIVE ARTICLES
38.38.624 [Art. 72] Persons to be tried or punished.
No person may be tried or punished for any offense provided
for in RCW 38.38.628 through 38.38.800, unless it was
committed while he was in a duty status. [1963 c 220 § 75.]
38.38.628 [Art. 73] Principals. Any person subject
to this code who:
(1) Commits an offense punishable by this code, or aids,
abets, counsels, commands, or procures its commission; or
(2) Causes an act to be done which if directly performed
by him would be punishable by this code;
is a principal. [1963 c 220 § 76.]
38.38.632 [Art. 74] Accessory after the fact. Any
person subject to this code who, knowing that an offense
punishable by this code has been committed, receives,
comforts, or assists the offender in order to hinder or prevent
his apprehension, trial, or punishment shall be punished as
a court martial may direct. [1963 c 220 § 77.]
38.38.636 [Art. 75] Conviction of lesser included
offense. An accused may be found guilty of an offense
necessarily included in the offense charged or of an attempt
to commit either the offense charged or an offense necessarily included therein. [1963 c 220 § 78.]
38.38.640 [Art. 76] Attempts. (1) An act, done with
specific intent to commit an offense under this code,
amounting to more than mere preparation and tending, even
though failing to effect its commission, is an attempt to
commit that offense.
(2) Any person subject to this code who attempts to
commit any offense punishable by this code shall be punished as a court martial may direct, unless otherwise specifically prescribed.
(3) Any person subject to this code may be convicted of
an attempt to commit an offense although it appears on the
trial that the offense was consummated. [1963 c 220 § 79.]
38.38.644 [Art. 77] Conspiracy. Any person subject
to this code who conspires with any other person to commit
an offense under this code shall, if one or more of the
conspirators does an act to effect the object of the conspiracy, be punished as a court martial may direct. [1963 c 220
§ 80.]
38.38.648 [Art. 78] Solicitation. (1) Any person
subject to this code who solicits or advises another or others
to desert in violation of RCW 38.38.660 or mutiny in
violation of RCW 38.38.696 shall, if the offense solicited or
advised is attempted or committed, be punished with the
punishment provided for the commission of the offense, but,
if the offense solicited or advised is not committed or
attempted, he shall be punished as a court martial may
direct.
(2) Any person subject to this code who solicits or
advises another or others to commit an act of misbehavior
before the enemy in violation of RCW 38.38.716 or sedition
[Title 38 RCW—page 32]
in violation of RCW 38.38.696 shall, if the offense solicited
or advised is committed, be punished with the punishment
provided for the commission of the offense, but, if the
offense solicited or advised is not committed, he shall be
punished as a court martial may direct. [1963 c 220 § 81.]
38.38.652 [Art. 79] Fraudulent enlistment, appointment, or separation. Any person who:
(1) Procures his or her own enlistment or appointment
in the organized militia by knowingly false representation or
deliberate concealment as to qualifications for that enlistment
or appointment and receives pay or allowances thereunder;
or
(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate
concealment as to eligibility for that separation;
shall be punished as a court-martial may direct. [1989 c 48
§ 61; 1963 c 220 § 82.]
38.38.656 [Art. 80] Unlawful enlistment, appointment, or separation. Any person subject to this code who
effects an enlistment or appointment in or a separation from
the organized militia of any person who is known to the
person to be ineligible for that enlistment, appointment, or
separation because it is prohibited by law, regulation, or
order shall be punished as a court-martial may direct. [1989
c 48 § 62; 1963 c 220 § 83.]
38.38.660 [Art. 81] Desertion. (1) Any member of
the organized militia who:
(a) Without authority goes or remains absent from the
member’s unit, organization, or place of duty with intent to
remain away therefrom permanently;
(b) Quits the member’s unit, organization or place of
duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the
organized militia enlists or accepts an appointment in the
same or another one of the organized militia, or in one of
the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly
separated;
is guilty of desertion.
(2) Any commissioned officer of the organized militia
who, after tender of a resignation and before notice of its
acceptance, quits his or her post or proper duties without
leave and with intent to remain away therefrom permanently
is guilty of desertion.
(3) Any person found guilty of desertion or attempt to
desert shall be punished as a court-martial may direct. [1989
c 48 § 63; 1963 c 220 § 84.]
38.38.664 [Art. 82] Absence without leave. Any
person subject to this code who, without authority:
(1) Fails to go to his appointed place of duty at the time
prescribed;
(2) Goes from that place; or
(3) Absents himself or remains absent from his unit,
organization, or place of duty at which he is required to be
at the time prescribed;
(2002 Ed.)
Washington Code of Military Justice
shall be punished as a court martial may direct. [1963 c 220
§ 85.]
38.38.668 [Art. 83] Missing movement. Any person
subject to this code who through neglect or design misses
the movement of a ship, aircraft, or unit with which he is
required in the course of duty to move shall be punished as
a court martial may direct. [1963 c 220 § 86.]
38.38.672 [Art. 84] Contempt towards officials.
Any person subject to this code who uses contemptuous
words against the president, the governor, or the governor of
any other state, territory, commonwealth, or possession in
which that person may be serving, shall be punished as a
court martial may direct. [1963 c 220 § 87.]
38.38.676 [Art. 85] Disrespect towards superior
commissioned officer. Any person subject to this code who
behaves with disrespect towards his superior commissioned
officer shall be punished as a court martial may direct.
[1963 c 220 § 88.]
38.38.680 [Art. 86] Assaulting or wilfully disobeying
superior commissioned officer. Any person subject to this
code who:
(1) Strikes his superior commissioned officer or draws
or lifts up any weapon or offers any violence against him
while he is in the execution of his office; or
(2) Wilfully disobeys a lawful command of his superior
commissioned officer;
shall be punished as a court martial may direct. [1963 c 220
§ 89.]
38.38.684 Insubordinate conduct toward warrant
officer or noncommissioned officer. Any warrant officer
or enlisted member who:
(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the
officer’s office;
(2) Wilfully disobeys the lawful order of a warrant
officer or noncommissioned officer; or
(3) Treats with contempt or is disrespectful in language
or deportment toward a warrant officer or noncommissioned
officer while that officer is in the execution of the officer’s
office;
shall be punished as a court-martial may direct. [1989 c 48
§ 64; 1963 c 220 § 90.]
38.38.688 [Art. 88] Failure to obey order or regulation. Any person subject to this code who:
(1) Violates or fails to obey any lawful general order or
regulation;
(2) Having knowledge of any other lawful order issued
by a member of the organized militia which it is the person’s
duty to obey, fails to obey the order; or
(3) Is derelict in the performance of the person’s duties;
shall be punished as a court-martial may direct. [1989 c 48
§ 65; 1963 c 220 § 91.]
(2002 Ed.)
38.38.664
38.38.692 [Art. 89] Cruelty and maltreatment. Any
person subject to this code who is guilty of cruelty toward,
or oppression or maltreatment of, any person subject to his
orders shall be punished as a court martial may direct.
[1963 c 220 § 92.]
38.38.696 [Art. 90] Mutiny or sedition. (1) Any
person subject to this code who:
(a) With intent to usurp or override lawful military
authority refuses, in concert with any other person, to obey
orders or otherwise do his duty or creates any violence or
disturbance is guilty of mutiny;
(b) With intent to cause the overthrow or destruction of
lawful civil authority, creates, in concert with any other
person, revolt, violence, or other disturbance against that
authority is guilty of sedition;
(c) Fails to do his utmost to prevent and suppress a
mutiny or sedition being committed in his presence, or fails
to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition
which he knows or has reason to believe is taking place, is
guilty of a failure to suppress or report a mutiny or sedition.
(2) A person who is found guilty of attempted mutiny,
mutiny, sedition, or failure to suppress or report a mutiny or
sedition shall be punished as a court martial may direct.
[1963 c 220 § 93.]
38.38.700 [Art. 91] Resistance, breach of arrest, and
escape. Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical
restraint lawfully imposed shall be punished as a court martial may direct. [1963 c 220 § 94.]
38.38.704 [Art. 92] Releasing prisoner without
proper authority. Any person subject to this code who,
without proper authority, releases any prisoner committed to
his charge, or who through neglect or design suffers any
such prisoner to escape, shall be punished as a court martial
may direct, whether or not the prisoner was committed in
strict compliance with law. [1963 c 220 § 95.]
38.38.708 [Art. 93] Unlawful detention of another.
Any person subject to this code who, except as provided by
law or regulation, apprehends, arrests, or confines any person
shall be punished as a court martial may direct. [1963 c 220
§ 96.]
38.38.712 [Art. 94] Noncompliance with procedural
rules. Any person subject to this code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this
code; or
(2) Knowingly and intentionally fails to enforce or
comply with any provision of this code regulating the
proceedings before, during, or after trial of an accused;
shall be punished as a court martial may direct. [1963 c 220
§ 97.]
[Title 38 RCW—page 33]
38.38.716
Title 38 RCW: Militia and Military Affairs
38.38.716 [Art. 95] Misbehavior before the enemy.
Any person subject to this code who before or in the
presence of the enemy:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up any
command, unit, place, or military property which it is the
person’s duty to defend;
(3) Through disobedience, neglect, or intentional
misconduct endangers the safety of any such command, unit,
place, or military property;
(4) Casts away arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits a place of duty to plunder or pillage;
(7) Causes false alarms in any command, unit, or place
under control of the armed forces of the United States or the
organized militia;
(8) Wilfully fails to do his or her utmost to encounter,
engage, capture, or destroy any enemy troops, combatants,
vessels, aircraft, or any other thing, which it is the person’s
duty so to encounter, engage, capture, or destroy; or
(9) Does not afford all practicable relief and assistance
to any troops, combatants, vessels, or aircraft of the armed
forces belonging to the United States or their allies, to the
state, or to any other state, when engaged in battle;
shall be punished as a court-martial may direct. [1989 c 48
§ 66; 1963 c 220 § 98.]
38.38.720 [Art. 96] Subordinate compelling surrender. Any person subject to this code who compels or
attempts to compel the commander of any of the organized
militia of the state, or of any other state, to give it up to an
enemy or to abandon it, or who strikes the colors or flag to
an enemy without proper authority, shall be punished as a
court-martial may direct. [1989 c 48 § 67; 1963 c 220 §
99.]
38.38.724 [Art. 97] Improper use of countersign.
Any person subject to this code who in time of war discloses
the parole or countersign to any person not entitled to
receive it, or who gives to another who is entitled to receive
and use the parole or countersign a different parole or
countersign from that which, to his knowledge, he was
authorized and required to give, shall be punished as a court
martial may direct. [1963 c 220 § 100.]
38.38.728 [Art. 98] Forcing a safeguard. Any
person subject to this code who forces a safeguard shall be
punished as a court martial may direct. [1963 c 220 § 101.]
38.38.732 [Art. 99] Captured or abandoned property. (1) All persons subject to this code shall secure all
public property taken from the enemy for the service of the
United States, and shall give notice and turn over to the
proper authority without delay all captured or abandoned
property in their possession, custody, or control.
(2) Any person subject to this code who:
(a) Fails to carry out the duties prescribed in subsection
(1) hereof;
(b) Buys, sells, trades, or in any way deals in or
disposes of captured or abandoned property, whereby he
receives or expects any profit, benefit, or advantage to
[Title 38 RCW—page 34]
himself or another directly or indirectly connected with
himself; or
(c) Engages in looting or pillaging;
shall be punished as a court martial may direct. [1963 c 220
§ 102.]
38.38.736 [Art. 100] Aiding the enemy. Any person
subject to this code who:
(1) Aids, or attempts to aid, the enemy with arms,
ammunition, supplies, money, or other things; or
(2) Without proper authority, knowingly harbors or
protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either
directly or indirectly;
shall be punished as a court martial may direct. [1963 c 220
§ 103.]
38.38.740 [Art. 101] Misconduct of a prisoner. Any
person subject to this code who, while in the hands of the
enemy in time of war:
(1) For the purpose of securing favorable treatment by
his captors acts without proper authority in a manner
contrary to law, custom, or regulation, to the detriment of
others of whatever nationality held by the enemy as civilian
or military prisoners; or
(2) While in a position of authority over such persons
maltreats them without justifiable cause;
shall be punished as a court martial may direct. [1963 c 220
§ 104.]
38.38.744 [Art. 102] False official statements. Any
person subject to this code who, with intent to deceive, signs
any false record, return, regulation, order, or other official
document, knowing it to be false, or makes any other false
official statement knowing it to be false, shall be punished
as a court martial may direct. [1963 c 220 § 105.]
38.38.748 [Art. 103] Military property—Loss,
damage, destruction, or wrongful disposition. Any person
subject to this code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) Wilfully or through neglect damages, destroys, or
loses; or
(3) Wilfully or through neglect suffers to be damaged,
destroyed, sold or wrongfully disposed of;
any military property of the United States or of the state
shall be punished as a court martial may direct. [1963 c 220
§ 106.]
38.38.752 [Art. 104] Property other than military
property—Waste, spoilage, or destruction. Any person
subject to this code who, while in a duty status, wilfully or
recklessly wastes, spoils, or otherwise wilfully and wrongfully destroys or damages any property other than military
property of the United States or of the state shall be punished as a court martial may direct. [1963 c 220 § 107.]
38.38.756 [Art. 105] Improper hazarding of vessel.
(1) Any person subject to this code who wilfully and
wrongfully hazards or suffers to be hazarded any vessel of
(2002 Ed.)
Washington Code of Military Justice
the armed forces of the United States or of the organized
militia shall be punished as a court-martial may direct.
(2) Any person subject to this code who negligently
hazards or suffers to be hazarded any vessel of the armed
forces of the United States or of the organized militia shall
be punished as a court-martial may direct. [1989 c 48 § 68;
1963 c 220 § 108.]
38.38.760 [Art. 106] Drunken or reckless driving.
Any person subject to this code who operates any vehicle
while drunk, or in a reckless or wanton manner, shall be
punished as a court martial may direct. [1963 c 220 § 109.]
38.38.764 [Art. 107] Drunk on duty—Sleeping on
post—Leaving post before relief. Any person subject to
this code who is found drunk on duty or sleeping upon his
post, or who leaves his post before he is regularly relieved,
shall be punished as a court martial may direct. [1963 c 220
§ 110.]
38.38.768 [Art. 108] Dueling. Any person subject to
this code who fights or promotes, or is concerned in or
connives at fighting a duel, or who, having knowledge of a
challenge sent or about to be sent, fails to report the fact
promptly to the proper authority, shall be punished as a court
martial may direct. [1963 c 220 § 111.]
38.38.772 [Art. 109] Malingering. Any person
subject to this code who for the purpose of avoiding work,
duty or service in the organized militia:
(1) Feigns illness, physical disablement, mental lapse or
derangement; or
(2) Intentionally inflicts self-injury;
shall be punished as a court-martial may direct. [1989 c 48
§ 69; 1963 c 220 § 112.]
38.38.776 [Art. 110] Riot or breach of peace. Any
person subject to this code who causes or participates in any
riot or breach of the peace shall be punished as a court
martial may direct. [1963 c 220 § 113.]
38.38.780 [Art. 111] Provoking speeches or gestures.
Any person subject to this code who uses provoking or
reproachful words or gestures toward any other person
subject to this code shall be punished as a court martial may
direct. [1963 c 220 § 114.]
38.38.784 [Art. 112] Perjury. Any person subject to
this code who in a judicial proceeding or in a course of
justice conducted under this code wilfully and corruptly
gives, upon a lawful oath or in any form allowed by law to
be substituted for an oath, any false testimony material to the
issue or matter of inquiry is guilty of perjury and shall be
punished as a court martial may direct. [1963 c 220 § 115.]
38.38.788 [Art. 113] Frauds against the government.
Any person subject to this code:
(1) Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, the state,
or any officer thereof; or
(2002 Ed.)
38.38.756
(b) Presents to any person in the civil or military service
thereof, for approval or payment any claim against the
United States, the state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval,
allowance, or payment of any claim against the United
States, the state, or any officer thereof:
(a) Makes or uses any writing or other paper knowing
it to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing or
other paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any
writing or other paper, or uses any such signature knowing
it to be forged or counterfeited;
(3) Who, having charge, possession, custody, or control
of any money, or other property of the United States or the
state, furnished or intended for the armed forces of the
United States or the organized militia, knowingly delivers to
any person having authority to receive it, any amount thereof
less than that for which the person receives a certificate or
receipt; or
(4) Who, being authorized to make or deliver any paper
certifying the receipt of any property of the United States or
the state, furnished or intended for the armed forces of the
United States or the organized militia, makes or delivers to
any person such writing without having full knowledge of
the truth of the statements therein contained and with intent
to defraud the United States or the state;
shall, upon conviction, be punished as a court-martial may
direct. [1989 c 48 § 70; 1963 c 220 § 116.]
38.38.792 [Art. 114] Larceny and wrongful appropriation. (1) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money,
personal property, or article of value of any kind:
(a) With intent permanently to deprive or defraud
another person of the use and benefit of property or to
appropriate it to his own use or the use of any person other
than the owner, steals that property and is guilty of larceny;
or
(b) With intent temporarily to deprive or defraud
another person of the use and benefit of property or to
appropriate it to his own use or the use of any person other
than the owner, is guilty of wrongful appropriation.
(2) Any person found guilty of larceny or wrongful
appropriation shall be punished as a court martial may direct.
[1963 c 220 § 117.]
38.38.796 [Art. 115] Conduct unbecoming an officer
and a gentleman. Any commissioned officer who is
convicted of conduct unbecoming an officer and a gentleman
shall be punished as a court martial may direct. [1963 c 220
§ 118.]
38.38.800 [Art. 116] General article. Though not
specifically mentioned in this code, all disorders and neglects
to the prejudice of good order and discipline in the organized
militia, of which persons subject to this code may be guilty,
shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the
offense, and shall be punished at the discretion of that court.
[Title 38 RCW—page 35]
38.38.800
Title 38 RCW: Militia and Military Affairs
However, cognizance may not be taken of, and jurisdiction
may not be extended to, the crimes of murder, manslaughter,
rape, robbery, maiming, sodomy, arson, extortion, assault,
burglary, or housebreaking, jurisdiction of which is reserved
to civil courts. [1989 c 48 § 71; 1963 c 220 § 119.]
PART XI—MISCELLANEOUS PROVISIONS
38.38.840 [Art. 117] Courts of inquiry. (1) Courts
of inquiry to investigate any matter may be convened by the
governor or by any other person designated by the governor
for that purpose, whether or not the persons involved have
requested such an inquiry: PROVIDED, That upon the
request of the officer involved such an inquiry shall be
instituted as hereinabove set forth.
(2) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening
authority shall also appoint counsel for the court.
(3) Any person subject to this code whose conduct is
subject to inquiry shall be designated as a party. Any person
subject to this code or employed in the state military
department, who has a direct interest in the subject of
inquiry has the right to be designated as a party upon request
to the court. Any person designated as a party shall be
given due notice and has the right to be present, to be
represented by counsel, to cross-examine witnesses, and to
introduce evidence.
(4) Members of a court of inquiry may be challenged by
a party, but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters
of courts of inquiry shall take an oath or affirmation to
faithfully perform their duties.
(6) Witnesses may be summoned to appear and testify
and be examined before courts of inquiry, as provided for
courts-martial.
(7) Courts of inquiry shall make findings of fact but
may not express opinions or make recommendations unless
required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its
proceedings, which shall be authenticated by the signatures
of the president and counsel for the court and forwarded to
the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu
of the president. If the record cannot be authenticated by the
counsel for the court, it shall be signed by a member in lieu
of the counsel. [1989 c 48 § 72; 1963 c 220 § 120.]
38.38.844 [Art. 118] Authority to administer oaths.
(1) The following members of the organized militia may
administer oaths for the purposes of military administration,
including military justice, and affidavits may be taken for
those purposes before persons having the general powers of
a notary public:
(a) The state judge advocate and all assistant state judge
advocates;
(b) All law specialists;
(c) All summary courts-martial;
(d) All adjutants, assistant adjutants, acting adjutants,
and personnel adjutants;
[Title 38 RCW—page 36]
(e) The military judge, president, trial counsel, and
assistant trial counsel for all general and special courtsmartial;
(f) The president and the counsel for the court of any
court of inquiry;
(g) All officers designated to take a deposition;
(h) All persons detailed to conduct an investigation; and
(i) All other persons designated by regulations of the
governor.
(2) Officers of the organized militia may not be authorized to administer oaths as provided in this section unless
they are on active state service or inactive duty for training
in or with those forces under orders of the governor as
prescribed in this code.
(3) The signature without seal of any such person,
together with the title of the person’s office, is prima facie
evidence of the person’s authority. [1989 c 48 § 73; 1963
c 220 § 121.]
38.38.848 [Art. 119] Sections to be explained. RCW
38.38.008, 38.38.012, 38.38.064 through 38.38.132,
38.38.252, 38.38.260, 38.38.372, 38.38.480, 38.38.624
through 38.38.792, and 38.38.848 through 38.38.860 shall be
carefully explained to every enlisted member at the time of
the member’s enlistment or transfer or induction into, or at
the time of the member’s order to duty in or with any of the
organized militia or within thirty days thereafter. They shall
also be explained annually to each unit of the organized
militia. A complete text of this code and of the regulations
prescribed by the governor thereunder shall be made available to any member of the organized militia, upon request,
for personal examination. [1989 c 48 § 74; 1963 c 220 §
122.]
38.38.852 [Art. 120] Complaints of wrongs. Members of the organized militia who believe themselves
wronged by their commanding officer, and who, upon due
application to that commanding officer, are refused redress,
may complain to any superior commissioned officer, who
shall forward the complaint to the governor or adjutant
general. The governor or adjutant general shall examine the
complaint and take proper measures for redressing the wrong
complained of. [1989 c 48 § 75; 1963 c 220 § 123.]
38.38.856 [Art. 121] Redress of injuries to property.
(1) Whenever complaint is made to any commanding officer
that wilful damage has been done to the property of any
person or that the person’s property has been wrongfully
taken by members of the organized militia, the commanding
officer may, subject to such regulations as the governor may
prescribe, convene a board to investigate the complaint. The
board shall consist of from one to three commissioned
officers and, for the purpose of that investigation, it has
power to summon witnesses and examine them upon oath or
affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the
responsible parties. The assessment of damages made by the
board is subject to the approval of the commanding officer,
and in the amount approved by the commanding officer shall
be charged against the pay of the offenders. The order of
the commanding officer directing charges herein authorized
(2002 Ed.)
Washington Code of Military Justice
is conclusive, except as provided in subsection (3) of this
section, on any disbursing officer for the payment by the
disbursing officer to the injured parties of the damages so
assessed and approved.
(2) If the offenders cannot be ascertained, but the
organization or detachment to which they belong is known,
charges totaling the amount of damages assessed and
approved may be paid to the injured parties from the military
funds of the units of the organized militia to which the
offenders belonged.
(3) Any person subject to this code who is accused of
causing wilful damage to property has the right to be
represented by counsel, to summon witnesses in the person’s
behalf, and to cross-examine those appearing against him or
her. The person has the right of appeal to the next higher
commander. [1989 c 48 § 76; 1963 c 220 § 124.]
38.38.860 [Art. 122] Execution of process and
sentence. In the organized militia not in federal service, the
processes and sentences of its courts-martial shall be
executed by the civil officers prescribed by the laws of the
state. [1989 c 48 § 77; 1963 c 220 § 125.]
38.38.864 [Art. 123] Process of military courts. (1)
Military courts may issue any process or mandate necessary
to carry into effect their powers. Such a court may issue
subpoenae and subpoenae duces tecum and enforce by
attachment attendance of witnesses and production of books
and records, when it is sitting within the state and the
witnesses, books and records sought are also so located.
(2) Process and mandates may be issued by summary
courts-martial, or the military judge of other military courts
and may be directed to and may be executed by the marshals
of the military court or any peace officer and shall be in
such form as may be prescribed by regulations issued under
this code.
(3) All officers to whom process or mandates may be so
directed shall execute them and make return of their acts
thereunder according to the requirements of those documents. Except as otherwise specifically provided in this
code, no such officer may demand or require payment of any
fee or charge for receiving, executing, or returning such a
process or mandate or for any service in connection therewith. [1989 c 48 § 78; 1963 c 220 § 126.]
38.38.868 [Art. 124] Payment of fines and disposition thereof. Fines imposed by a military court may be paid
to it or to an officer executing its process. The amount of
such a fine may be noted upon any state roll or account for
pay of the delinquent and deducted from any pay or allowance due or thereafter to become due the person, until the
fine is liquidated. Any sum so deducted shall be turned in
to the military court which imposed the fine. Notwithstanding any other law, the officer collecting a fine or penalty
imposed by a military court upon an officer or enlisted
person shall pay it within thirty days to the state treasurer.
Such a fine becomes a part of, is credited to, and may be
spent from, the military fund of the organization or detachment to which the officer or enlisted person who paid the
fine belonged. The treasurer of the state shall then report
the amount thereof designating the organization or detach(2002 Ed.)
38.38.856
ment to which it belongs, to the adjutant general of the state,
and shall pay it over to the organization or detachment on
request of its commanding officer. [1989 c 48 § 79; 1963
c 220 § 127.]
38.38.872 [Art. 125] Immunity for action of military
courts. No accused may bring an action or proceeding
against the convening authority or a member of a military
court or officer or person acting under its authority or
reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or
collection of a fine or penalty, or the execution of any
process or mandate of a military court. [1963 c 220 § 128.]
38.38.876 [Art. 126] Presumption of jurisdiction.
The jurisdiction of the military courts and boards established
by this code shall be presumed and the burden of proof rests
on any person seeking to oust those courts or boards of
jurisdiction in any action or proceeding. [1963 c 220 § 129.]
38.38.880 [Art. 127] Delegation of authority by the
governor. The governor may delegate any authority vested
in him under this code, and may provide for the subdelegation of any such authority, except the power given him by
RCW 38.38.192 and 38.38.240. [1963 c 220 § 130.]
38.38.884 [Art. 128] Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact
it and, so far as practical, to make that law uniform with the
law of the United States. [1963 c 220 § 131.]
38.38.888 [Art. 129] Short title. This chapter may be
cited as the "Washington code of military justice." [1963 c
220 § 132.]
Chapter 38.40
MISCELLANEOUS PROVISIONS
Sections
38.40.010
38.40.020
38.40.025
38.40.030
38.40.040
38.40.050
38.40.060
38.40.100
38.40.110
Liability of officers and enlisted persons on duty.
Not liable for exercise of judgment.
Liability of state for federal activities.
Compensation for death or disability.
Interference with employment—Penalty.
Discharge from employment—Penalty.
Military leaves for public employees.
Notice for duty.
Employment or membership in other organizations—
Discrimination prohibited—Penalty—Civil cause of
action.
38.40.120 Authorized military organizations.
38.40.130 Corporations may be formed.
38.40.150 Property to remain public property.
Acknowledgments and powers of attorney: Chapter 73.20 RCW.
Acquisitions of lands for permanent military installations: Chapter 37.16
RCW.
Common carriers—Special exceptions on carriage of property, government
freight, etc.: RCW 81.28.080.
Eminent domain
condemnation for military purposes: RCW 8.04.170, 8.04.180.
notice where military land is involved: RCW 8.28.030.
[Title 38 RCW—page 37]
Chapter 38.40
Title 38 RCW: Militia and Military Affairs
Evidence
proof of missing in action, capture by enemy, etc.: RCW 5.40.030.
written finding of presumed death as prima facie evidence: RCW
5.40.020.
Federal areas and jurisdiction: Title 37 RCW.
Gas bombs: RCW 70.74.310.
Joint armory sites: RCW 36.64.050.
Juries—Persons exempt: RCW 2.36.080.
Mental illness hospitalization
authority over patient—Federal agencies, private establishments: RCW
71.02.490.
commitment to veterans administration or other federal agency—General
provision: RCW 73.36.165.
Militia
privilege from arrest: State Constitution Art. 10 § 5.
soldiers’ home: State Constitution Art. 10 § 3.
Personal exemptions—Pension money exempt: RCW 6.15.020.
Residence, contingencies affecting: State Constitution Art. 6 § 4.
Soldiers’ and veterans’ homes: Chapter 72.36 RCW.
Statute of limitations tolled—As to person in military service of United
States: RCW 4.16.220.
Tide and shore land grants to United States: RCW 79.94.410 through
79.94.440.
Unlawful firearms—Exception: RCW 9.41.190.
Veterans and veterans’ affairs: Title 73 RCW.
Veterans’ rehabilitation council: Chapter 43.61 RCW.
Voter, when privileged from military duty: State Constitution Art. 6 § 5.
laws, shall exercise discretion as to the propriety of the
means to be used in controlling or dispersing of any mob or
other unlawful assembly and, if he or she exercises his or
her honest judgment thereon, he or she shall not be liable in
either a civil or criminal action for any act done in line of
duty. [1989 c 19 § 46; 1943 c 130 § 14; Rem. Supp. 1943
§ 8603-14. Cf. 1909 c 134 § 25, part; 1895 c 108 § 173,
part.]
38.40.010 Liability of officers and enlisted persons
on duty. Members of the militia ordered into active service
of the state by any proper authority shall not be liable civilly
or criminally for any act or acts done by them while on such
duty nor shall any action lie against any officer or enlisted
person for any acts done by the officer or enlisted person in
line of duty by virtue of any order which may thereafter be
held invalid by any civil court. When a suit or proceeding
shall be commenced in any court by any person against any
officer or enlisted person of the militia for any act done by
such officer or enlisted person in his or her official capacity
or in the discharge of any duty, or against any person acting
under the authority or order of such officer or by virtue of
any warrant issued pursuant to law, the defendant may require the person prosecuting or instituting the proceeding to
give security for the payment of all costs that may be
awarded to the defendant, and the defendant in all cases may
make a general denial and, under such general denial, give
all other or any special defense matter in evidence. In case
the plaintiff shall be nonsuited or the verdict or judgment be
in favor of the defendant, treble costs shall be assessed
against the plaintiff. The defendant in such action shall be
defended by the attorney general at the expense of the state,
but private counsel may also be employed by the defendant.
The venue of all such actions shall be Thurston county and
the state of Washington shall be in all cases a necessary
party defendant. [1989 c 19 § 45; 1943 c 130 § 13; Rem.
Supp. 1943 § 8603-13. Cf. 1909 c 134 § 25, part; 1895 c
108 § 173, part.]
38.40.030 Compensation for death or disability. If
any member of the organized militia is injured, incapacitated,
or otherwise disabled while in active state service or inactive
duty as a member of the organized militia, he or she shall
receive from the state of Washington just and reasonable
relief in the amount to be determined as provided in this
section, including necessary medical care. If the member
dies from disease contracted or injury received or is killed
while in active state service or inactive duty under order of
the governor, then the dependents of the deceased shall
receive such compensation as may be allowed as provided in
this section. If the United States or any agent thereof, in
accordance with any federal statute or regulation, furnishes
monetary assistance, benefits, or other temporary or permanent relief to militia members or to their dependents for
injuries arising out of and occurring in the course of their
activities as militia members, but not including Social
Security benefits, then the amount of compensation which
any militia member or his or her dependents are otherwise
entitled to receive from the state of Washington as provided
in this section shall be reduced by the amount of monetary
assistance, benefits, or other temporary or permanent relief
the militia member or his or her dependents have received
and will receive from the United States or any agent thereof
as a result of his or her injury. All claims arising under this
section shall be inquired into by a board of three officers, at
least one being a medical officer, to be appointed by the
adjutant general. The board has the same power to take evidence, administer oaths, issue subpoenas, compel witnesses
to attend and testify and produce books and papers, and
punish their failure to do so as is possessed by a general
court martial. The amount of compensation or benefits
payable shall conform as nearly as possible to the general
schedule of payments and awards provided under the
workers’ compensation law in effect in the state of Washing-
38.40.020 Not liable for exercise of judgment. The
commanding officer of any of the military forces of the state
of Washington engaged under the order of proper authority
in the suppression of insurrection, the dispersion of a mob,
the protection of life or property, or the enforcement of the
[Title 38 RCW—page 38]
38.40.025 Liability of state for federal activities.
Neither the state of Washington, its officers, employees, or
agents, nor any member of the militia may be held liable in
any civil action for damages arising out of any of the
activities of the military forces of the state of Washington
while engaged in activities during which the officers,
employees, agents, or members are considered employees of
the federal government under the federal tort claims act, 26
U.S.C. Sec. 2671 et seq. [1987 c 26 § 2.]
Legislative declaration—1987 c 26: "The legislature recognizes that
Congress has established comprehensive administrative programs to
compensate members of the military forces for injuries they may incur while
performing training for national defense." [1987 c 26 § 1.]
Severability—1987 c 26: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 26 § 3.]
(2002 Ed.)
Miscellaneous Provisions
ton at the time the disability or death occurred. The findings
of the board shall be reviewed by the adjutant general and
submitted to the governor for final approval. The reviewing
officer or the governor may return the proceedings for
revision or for the taking of further testimony. The action
of the board when finally approved by the governor is final
and conclusive and constitutes the fixed award for the injury
or loss and is a debt of the state of Washington. [1989 c 19
§ 47; 1987 c 185 § 5; 1984 c 198 § 5; 1943 c 130 § 40;
Rem. Supp. 1943 § 8603-40. Prior: 1923 c 49 § 3; 1917 c
107 § 38; 1909 c 134 § 60; 1895 c 108 § 92.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Workers’ compensation: Title 51 RCW.
38.40.040 Interference with employment—Penalty.
A person, who either alone, or with another, wilfully
deprives a member of the organized militia of Washington
of his or her employment or prevents such member being
employed, or obstructs or annoys said member or his or her
employer in their trade, business or employment, because he
or she is such member, or dissuades any person from
enlisting in said organized militia by threat or injury to him
or her in their employment, trade or business, in case he or
she shall so enlist, shall be guilty of a gross misdemeanor
and on conviction thereof shall be fined in a sum not
exceeding five hundred dollars, or imprisonment in the
county jail not more than six months, or by both such fine
and imprisonment. [1989 c 19 § 48; 1943 c 130 § 46; Rem.
Supp. 1943 § 8603-46. Prior: 1917 c 107 § 41; 1909 c 134
§ 67; 1895 c 108 § 104, part.]
38.40.050 Discharge from employment—Penalty.
No member of the organized militia of Washington shall be
discharged by his or her employer by reason of the performance of any military duties upon which he or she may be
ordered. When any member of the organized militia of
Washington is ordered upon active state service or inactive
duty which takes the member from his or her employment
the member may apply upon the termination of such duty to
be restored to his or her position and employment, and if the
tour of duty shall have continued for a period not longer
than three months, any employer or the officer or manager
of any firm or corporation having authority to reemploy such
member and failing to do so shall be guilty of a gross
misdemeanor, and on conviction thereof shall be fined in any
sum not exceeding five hundred dollars, or imprisonment in
the county jail for a period not exceeding six months, or by
both such fine and imprisonment. [1989 c 19 § 49; 1943 c
130 § 48; Rem. Supp. 1943 § 8603-48. Prior: 1917 c 107
§ 43; 1909 c 134 § 69; 1895 c 108 § 104, part.]
38.40.060 Military leaves for public employees.
Every officer and employee of the state or of any county,
city, or other political subdivision thereof who is a member
of the Washington national guard or of the army, navy, air
force, coast guard, or marine corps reserve of the United
States, or of any organized reserve or armed forces of the
United States shall be entitled to and shall be granted
military leave of absence from such employment for a period
not exceeding fifteen days during each year beginning
(2002 Ed.)
38.40.030
October 1st and ending the following September 30th. Such
leave shall be granted in order that the person may report for
active duty, when called, or take part in active training duty
in such manner and at such time as he or she may be
ordered to active duty or active training duty. Such military
leave of absence shall be in addition to any vacation or sick
leave to which the officer or employee might otherwise be
entitled, and shall not involve any loss of efficiency rating,
privileges, or pay. During the period of military leave, the
officer or employee shall receive from the state, or the
county, city, or other political subdivision, his or her normal
pay. [2001 c 71 § 1; 1991 c 25 § 1; 1989 c 19 § 50; 1957
c 236 § 1; 1939 c 113 § 1.]
Effective date—2001 c 71: "This act takes effect October 1, 2001."
[2001 c 71 § 2.]
Application—1991 c 25: "This act applies to all public employees
and officers who reported for active duty or active training duty, under
RCW 38.40.060, on or after August 2, 1990." [1991 c 25 § 2.]
38.40.100 Notice for duty. Orders for duty may be
oral or written. Officers and enlisted persons may be
warned for duty as follows: Either by stating the substance
of the order, or by reading the order to the person warned,
or by delivering a copy of such order to such person, or by
leaving a copy of such order at his or her last known place
of abode or business, with some person of suitable age and
discretion, or by sending a copy of such order or notice
containing the substance thereof, to such person by mail,
directed to his or her last known place of abode or business.
Orders may be transmitted by telegraph or telephone. Such
warning may be given by any officer or authorized enlisted
person. The officer or enlisted person giving such warning
shall, when required, make a return thereof, containing the
names of persons warned and the time, place and manner of
warning. Such returns shall be verified on oath and shall be
prima facie evidence, on the trial of any person returned as
a delinquent, of the facts therein stated. [1989 c 19 § 51;
1943 c 130 § 53; Rem. Supp. 1943 § 8603-53. Prior: 1909
c 134 § 65; 1895 c 108 § 102.]
38.40.110 Employment or membership in other
organizations—Discrimination prohibited—Penalty—Civil
cause of action. No club, society, association, corporation,
employer, or organization shall by any constitution, rule,
bylaws, resolution, vote or regulation, or otherwise, discriminate against or refuse to hire, employ, or reemploy any
member of the organized militia of Washington because of
his or her membership in said organized militia. Any person
or persons, club, society, association, employer, corporation,
or organization, violating or aiding, abetting, or assisting in
the violation of any provision of this section shall be guilty
of a misdemeanor and on conviction thereof shall be fined
in any sum not exceeding one hundred dollars and in
addition thereto shall forfeit the right to do business for a
period of thirty days. Any person who has been discriminated against in violation of this section shall have a civil cause
of action for damages. [1991 c 43 § 9; 1989 c 19 § 52;
1943 c 130 § 47; Rem. Supp. 1943 § 8603-47. Prior: 1917
c 107 § 42; 1909 c 134 § 68.]
[Title 38 RCW—page 39]
38.40.120
Title 38 RCW: Militia and Military Affairs
38.40.120 Authorized military organizations. No
organized body other than the recognized militia organizations of this state, armed forces of the United States, students
of educational institutions where military science is a
prescribed part of the course of instruction or bona fide
veterans organizations shall associate themselves together as
a military company or organize or parade in public with
firearms: PROVIDED, That nothing herein shall be construed to prevent authorized parades by the organized militia
of another state or armed forces of foreign countries. Any
person participating in any such unauthorized organization
shall be guilty of a misdemeanor. [1989 c 19 § 53; 1943 c
130 § 54; Rem. Supp. 1943 § 8603-54. Prior: 1909 c 249
§ 294; 1903 c 135 § 1.]
38.40.130 Corporations may be formed. The
officers, or the officers and enlisted persons of any regiment,
battalion, company or similar unit of the organized militia of
Washington, or the officers and enlisted persons of any two
or more companies or similar units of the organized militia
of the state of Washington, located at the same station, are
hereby authorized to organize themselves into a corporation
for social purposes and for the purpose of holding, acquiring
and disposing of such property, real and personal, as such
military organizations may possess or acquire. Such
corporations shall not be required to pay any filing or license
fee to the state.
The dissolution or disbandment of any such unit as a
military organization shall not in itself terminate the existence of the corporation, but the existence of the same may
continue for the period limited in its articles of incorporation
for the benefit of such corporation.
Upon the dissolution or disbandment of any such unit
which shall not have incorporated, and which shall at the
time of such dissolution or disbandment possess any funds
or property, the title to such funds or property shall immediately vest in the state of Washington, and the adjutant
general shall take possession thereof and dispose of the same
to the best interest of the organized militia of Washington.
[1989 c 19 § 54; 1943 c 130 § 49; Rem. Supp. 1943 § 860349. Prior: 1923 c 49 § 4; 1917 c 107 § 44; 1915 c 19 § 1;
1909 c 134 § 71; 1895 c 108 §§ 123, 124.]
38.40.150 Property to remain public property. All
property issued to organizations and members of the organized militia of Washington shall be and remain public
property. [1943 c 130 § 38; Rem. Supp. 1943 § 8603-38.
Prior: 1917 c 107 § 33; 1909 c 134 § 51; 1895 c 108 § 78.]
Chapter 38.44
ENROLLMENT OF PERSONS
Sections
38.44.010 Commander-in-chief may order enrollment.
38.44.020 Notice of enrollment.
38.44.030 Exemptions.
38.44.040 Penalties for dereliction or false certificate.
38.44.050 Compensation of enrolling officer.
38.44.060 Examination of records.
Militia—Exemption from military duty: State Constitution Art. 10 § 6.
[Title 38 RCW—page 40]
38.44.010 Commander-in-chief may order enrollment. Whenever the commander-in-chief shall deem it
necessary, in event of, or imminent danger of war, insurrection, rebellion, invasion, tumult, riot, resistance to law or
process, breach of the peace, public disaster, or the imminent
occurrence of any of these events, the commander-in-chief
may order an enrollment by counties of all persons subject
to military duty, designating the county assessor or some
other person for each county to act as county enrolling
officer. Each county enrolling officer may appoint such
assistant or assistants as may be authorized by the commander-in-chief. In each county the enrollment shall include
every sane able bodied inhabitant not under sentence for a
felony, who is more than eighteen and less than forty-five
years of age. The enrollment shall be made in triplicate and
shall state the name, residence, age, occupation and previous
or existing military or naval service of each person enrolled.
When complete the rolls shall be verified under oath by the
enrolling officer, who shall immediately thereupon file one
copy with the adjutant general of the state and another with
the county auditor, retaining the third copy for himself or
herself. [1989 c 19 § 55; 1973 1st ex.s. c 154 § 57; 1909 c
134 § 4; 1895 c 108 § 4; RRS § 8456.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
38.44.020 Notice of enrollment. Persons making an
enrollment under this chapter shall, at the time of making
same, serve a notice of such enrollment upon each person
enrolled, by delivering such notice to the enrollee personally
or by leaving it with some person of suitable age and
discretion at his or her place of business or residence, or by
mailing such notice to him or her at the enrollee’s last
known place of residence, and shall make a return under
oath of such service to accompany the copy of the enrollment filed with the adjutant general. The return shall be
prima facie evidence of the facts therein. [1991 c 43 § 10;
1989 c 19 § 56; 1909 c 134 § 5; 1895 c 108 § 5; RRS §
8457.]
38.44.030 Exemptions. Whenever an enrollment shall
have been ordered under this chapter, the commanding
officers of existing organizations of militia, and the chiefs of
all police and fire departments shall make and deliver to the
enrolling officer of the county in which such organization
and departments are stationed, verified lists in triplicate of
the members of their respective commands and departments,
and the enrolling officer shall mark "Exempt" opposite the
names of all persons so listed, attaching one copy of each
such list to each copy of the enrollment. The enrolling
officer shall also mark "Exempt" opposite the names of all
federal, state and county officers. All other persons claiming
exemption must within fifteen days after service upon them
of the notice of enrollment make a written verified claim in
duplicate of such exemption and file the same in the office
of the county auditor, who shall within five days thereafter
forward one copy thereof with remarks and recommendations
to the adjutant general. Upon the expiration of the time
within which any claim of exemption may be filed and
received by the adjutant general, the latter shall notify the
county auditor of the decision in each case where exemption
(2002 Ed.)
Enrollment of Persons
has been claimed, and the county auditor shall write upon
the roll opposite the name of each person whose claim of
exemption has been allowed by the adjutant general, the
word "Exempt." All those on the roll not marked "Exempt"
shall be subject to military duty. [1991 c 43 § 11; 1989 c 19
§ 57; 1909 c 134 § 6; 1895 c 108 § 6, part; RRS § 8458.]
38.44.040 Penalties for dereliction or false certificate. If any officer or person, who becomes charged under
this chapter with any duty relating to an enrollment of
persons subject to military duty, refuses or neglects to
perform the same within the time and substantially in the
manner required by law, or if he or she shall knowingly
make any false certificate, or if, when acting as county or
assistant enrolling officer, he or she shall knowingly or
willfully omit from the roll any person required by this
chapter to be enrolled he or she shall thereby forfeit not less
than one hundred nor more than five hundred dollars, to be
sued for in the name of the state of Washington by the
prosecuting attorney of the county in which such offense
shall occur, the amount of the penalty to be determined by
the court, and, when recovered, to be paid into the general
fund of the state. [1991 c 43 § 12; 1989 c 19 § 58; 1909 c
134 § 7; RRS § 8459.]
38.44.050 Compensation of enrolling officer. Each
county enrolling officer shall be allowed the sum of five
cents per name enrolled and served with notice of enrollment
by the enrolling officer or assistants, to be audited and paid
as other military bills out of any moneys in the general fund
appropriated to the military department, and from such
allowance the enrolling officer must pay the assistant or
assistants. [1991 c 43 § 13; 1989 c 19 § 59; 1909 c 134 §
8; RRS § 8460.]
38.44.060 Examination of records. All civil officers
in each county, city and town shall allow persons authorized
under this chapter to make enrollments, at all proper times,
to examine their records and take copies thereof or information therefrom. It shall be the duty of every person, under
the penalties provided in RCW 38.44.040, upon application
of any person legally authorized to make an enrollment,
truthfully to state all of the facts within his or her knowledge
concerning any individual of whom the enroller shall make
inquiry. In event of a violation of this section the enroller
shall report the facts to the prosecuting attorney, who shall
at once proceed to enforce the penalty. [1991 c 43 § 14;
1989 c 19 § 60; 1909 c 134 § 9; 1895 c 108 § 6, part; RRS
§ 8461.]
Chapter 38.48
STATE AND NATIONAL DEFENSE
Sections
38.48.050 Acceptance of national defense facilities act.
Reviser’s note: The following acts, which appear to have been of
limited duration, are omitted from RCW:
(1) 1941 c 200, 1943 c 191; RRS §§ 8607-7 through 8607-15; Act in
aid of national defense;
(2) 1943 c 93; Authorizing sale or lease of tools and equipment to
federal agencies;
(2002 Ed.)
38.44.030
(3) 1943 c 200; Washington state war council; and
(4) 1945 c 211; Armory drill pay for active state guard.
38.48.050 Acceptance of national defense facilities
act. The legislature hereby expresses its intention to secure
to this state the benefits of the act of congress entitled the
"National Defense Facilities Act" (10 U.S.C. Sec. 2231, et
seq., as amended), and the state military department shall be
charged with the duty to cooperate with any official or
agency of the United States having powers or duties under
the provisions of the said act of congress for the acquisition,
construction, expansion, rehabilitation or conversion of
facilities necessary for the administration and training of
units of the state military department and reserve components of the armed forces of the United States. The provisions of the said act of congress are hereby accepted by this
state and this state will observe and comply with the requirements thereof. [1989 c 19 § 61; 1953 c 181 § 1; 1953
c 277 § 4.]
Chapter 38.52
EMERGENCY MANAGEMENT
Sections
38.52.005
State military department to administer emergency management program—Local organizations authorized to
change name.
38.52.010 Definitions.
38.52.020 Declaration of policy and purpose.
38.52.030 Director—Comprehensive emergency management plan—
Statewide enhanced 911 emergency communications
network—State coordinator of search and rescue operations—State program for emergency assistance—State
coordinator for radioactive and hazardous waste emergency response programs.
38.52.037 Comprehensive state mine rescue plan—Submittal to legislature.
38.52.040 Emergency management council—Members—Ad hoc committees—Function as state emergency response commission—Rules review.
38.52.050 Governor’s general powers and duties.
38.52.070 Local organizations and joint local organizations authorized—Establishment, operation—Emergency powers,
procedures.
38.52.080 Outside aid—Rights and liabilities—Claims.
38.52.091 Mutual aid and interlocal agreements—Requirements.
38.52.100 Appropriations—Acceptance of funds, services, etc.
38.52.105 Disaster response account.
38.52.106 Nisqually earthquake account.
38.52.110 Use of existing services and facilities—Impressment of citizenry.
38.52.120 Political activity prohibited.
38.52.140 Status of civil service employee preserved.
38.52.150 Orders, rules, regulations—Enforcement—Availability—
Penalty.
38.52.160 Matching funds from political subdivision may be required.
38.52.170 Plan for federal area.
38.52.180 Liability for property damage, bodily injury, death—
Immunity—Assumption by state—Indemnification.
38.52.190 Compensation for injury or death—Chapter exclusive.
38.52.195 Exemption from liability while providing construction,
equipment or work.
38.52.1951 Application of exemption from liability for architects and
engineers.
38.52.198 Emergency care, rescue, assistance, or recovery services in
mine rescue or recovery work—Immunity from liability.
38.52.200 Liability for compensation is in lieu of other liability—
Exception.
[Title 38 RCW—page 41]
Chapter 38.52
Title 38 RCW: Militia and Military Affairs
38.52.205
Claims arising from emergency management related activities—Filing—Contents.
38.52.207 Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc.,
by director—Effect.
38.52.210 Compensation boards—Established.
38.52.220 Compensation boards—Meetings—Claims not necessitating
board meeting.
38.52.230 Compensation boards—Attendance of witnesses, oaths,
rules—Members uncompensated.
38.52.240 Compensation boards—Duties as to compensation applications.
38.52.250 Compensation boards—Quorum—Transmittal of minutes,
claims—Appeal to department.
38.52.260 When compensation furnished.
38.52.270 Minors entitled to benefits.
38.52.280 Compensation and benefits limited by appropriation.
38.52.290 Applicability of workers’ compensation law.
38.52.300 Right of action against third party.
38.52.310 Coverage, classification, registration, of workers.
38.52.320 Schedule of payments.
38.52.330 Expenditures authorized—Claims, payment and disposition—Appeals.
38.52.340 Benefits under other compensation plans.
38.52.350 Benefits furnished under federal law—Reduction of state
benefits.
38.52.360 Medical, surgical or hospital treatment.
38.52.370 Medical, surgical or hospital treatment—Reimbursement.
38.52.380 State compensation denied if payment prevents federal benefits.
38.52.390 Contracts or work on cost basis for emergency management
activities.
38.52.400 Search and rescue activities—Powers and duties of local
officials.
38.52.410 Search and rescue activities—Distribution of funds for compensation and reimbursement of volunteers.
38.52.420 Model contingency plan for pollution control facilities and
hazardous waste management.
38.52.430 Emergency response caused by person’s intoxication—
Recovery of costs from convicted person.
38.52.500 Statewide enhanced 911 service—Finding.
38.52.501 Statewide enhanced 911 service—Findings.
38.52.505 Statewide enhanced 911 service—Automatic location identification—Rules.
38.52.510 Statewide enhanced 911 service—Funding by counties.
38.52.520 State enhanced 911 coordination office.
38.52.525 State enhanced 911 coordination office—Public education
materials.
38.52.530 Enhanced 911 advisory committee.
38.52.535 State enhanced 911 coordination office and advisory committee—Uniform national standards.
38.52.540 Enhanced 911 account.
38.52.545 Priorities for enhanced 911 funding.
38.52.550 Emergency communications systems and information—
Immunity from civil liability.
38.52.560 Automatic number identification—Wireless two-way telecommunications service.
38.52.561 911 calls from radio communications service companies—
Technical and operational standards.
38.52.900 Short title.
38.52.920 Repeal and saving.
38.52.930 Transfer of powers, duties, and functions to state military
department.
Hazardous materials incidents, handling and liability: RCW 70.136.010
through 70.136.070.
38.52.005 State military department to administer
emergency management program—Local organizations
authorized to change name. The department shall administer the comprehensive emergency management program of
the state of Washington as provided for in this chapter. All
local organizations, organized and performing emergency
management functions pursuant to RCW 38.52.070, may
[Title 38 RCW—page 42]
change their name and be called the . . . . . . department/
division of emergency management. [1995 c 391 § 1; 1986
c 266 § 22; 1984 c 38 § 1; 1972 ex.s. c 6 § 1.]
Effective date—1995 c 391: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 391 § 18.]
Transfer of powers and duties of department of emergency
management and office of archaeology and historic preservation—
Construction of statutory references: "The department of emergency
management and the office of archaeology and historic preservation are
hereby abolished and their powers, duties, and functions are hereby
transferred to the department of community development. All references to
the director of emergency management or the department of emergency
management and the office of archaeology and historic preservation in the
Revised Code of Washington shall be construed to mean the director or
department of community development." [1986 c 266 § 1.]
Severability—1986 c 266: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 266 § 138.]
38.52.010 Definitions. (Effective until January 1,
2003.) As used in this chapter:
(1) "Emergency management" or "comprehensive
emergency management" means the preparation for and the
carrying out of all emergency functions, other than functions
for which the military forces are primarily responsible, to
mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury
or damage, resulting from disasters caused by all hazards,
whether natural, technological, or human caused, and to
provide support for search and rescue operations for persons
and property in distress. However, "emergency management" or "comprehensive emergency management" does not
mean preparation for emergency evacuation or relocation of
residents in anticipation of nuclear attack.
(2) "Local organization for emergency services or
management" means an organization created in accordance
with the provisions of this chapter by state or local authority
to perform local emergency management functions.
(3) "Political subdivision" means any county, city or
town.
(4) "Emergency worker" means any person, including
but not limited to an architect registered under chapter 18.08
RCW or a professional engineer registered under chapter
18.43 RCW, who is registered with a local emergency management organization or the department and holds an
identification card issued by the local emergency management director or the department for the purpose of engaging
in authorized emergency management activities or is an
employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency
management activities.
(5) "Injury" as used in this chapter shall mean and
include accidental injuries and/or occupational diseases
arising out of emergency management activities.
(6)(a) "Emergency or disaster" as used in all sections of
this chapter except RCW 38.52.430 shall mean an event or
set of circumstances which: (I) Demands immediate action
to preserve public health, protect life, protect public property,
or to provide relief to any stricken community overtaken by
such occurrences, or (ii) reaches such a dimension or degree
(2002 Ed.)
Emergency Management
of destructiveness as to warrant the governor declaring a
state of emergency pursuant to RCW 43.06.010.
(b) "Emergency" as used in RCW 38.52.430 means an
incident that requires a normal police, coroner, fire, rescue,
emergency medical services, or utility response as a result of
a violation of one of the statutes enumerated in RCW
38.52.430.
(7) "Search and rescue" means the acts of searching for,
rescuing, or recovering by means of ground, marine, or air
activity any person who becomes lost, injured, or is killed
while outdoors or as a result of a natural, technological, or
human caused disaster, including instances involving
searches for downed aircraft when ground personnel are
used. Nothing in this section shall affect appropriate activity
by the department of transportation under chapter 47.68
RCW.
(8) "Executive head" and "executive heads" means the
county executive in those charter counties with an elective
office of county executive, however designated, and, in the
case of other counties, the county legislative authority. In
the case of cities and towns, it means the mayor in those
cities and towns with mayor-council or commission forms of
government, where the mayor is directly elected, and it
means the city manager in those cities and towns with
council manager forms of government. Cities and towns
may also designate an executive head for the purposes of
this chapter by ordinance.
(9) "Director" means the adjutant general.
(10) "Local director" means the director of a local
organization of emergency management or emergency
services.
(11) "Department" means the state military department.
(12) "Emergency response" as used in RCW 38.52.430
means a public agency’s use of emergency services during
an emergency or disaster as defined in subsection (6)(b) of
this section.
(13) "Expense of an emergency response" as used in
RCW 38.52.430 means reasonable costs incurred by a public
agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs
directly arising from the response to the particular incident.
Reasonable costs shall include the costs of providing police,
coroner, fire fighting, rescue, emergency medical services, or
utility response at the scene of the incident, as well as the
salaries of the personnel responding to the incident.
(14) "Public agency" means the state, and a city, county,
municipal corporation, district, town, or public authority
located, in whole or in part, within this state which provides
or may provide fire fighting, police, ambulance, medical, or
other emergency services.
(15) "Incident command system" means: (a) An allhazards, on-scene functional management system that
establishes common standards in organization, terminology,
and procedures; provides a means (unified command) for the
establishment of a common set of incident objectives and
strategies during multiagency/multijurisdiction operations
while maintaining individual agency/jurisdiction authority,
responsibility, and accountability; and is a component of the
national interagency incident management system; or (b) an
equivalent and compatible all-hazards, on-scene functional
management system. [1997 c 49 § 1; 1995 c 391 § 2.
Prior: 1993 c 251 § 5; 1993 c 206 § 1; 1986 c 266 § 23;
(2002 Ed.)
38.52.010
1984 c 38 § 2; 1979 ex.s. c 268 § 1; 1975 1st ex.s. c 113 §
1; 1974 ex.s. c 171 § 4; 1967 c 203 § 1; 1953 c 223 § 2;
1951 c 178 § 3.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.010 Definitions. (Effective January 1, 2003.)
As used in this chapter:
(1) "Emergency management" or "comprehensive
emergency management" means the preparation for and the
carrying out of all emergency functions, other than functions
for which the military forces are primarily responsible, to
mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury
or damage, resulting from disasters caused by all hazards,
whether natural, technological, or human caused, and to
provide support for search and rescue operations for persons
and property in distress. However, "emergency management" or "comprehensive emergency management" does not
mean preparation for emergency evacuation or relocation of
residents in anticipation of nuclear attack.
(2) "Local organization for emergency services or
management" means an organization created in accordance
with the provisions of this chapter by state or local authority
to perform local emergency management functions.
(3) "Political subdivision" means any county, city or
town.
(4) "Emergency worker" means any person, including
but not limited to an architect registered under chapter 18.08
RCW or a professional engineer registered under chapter
18.43 RCW, who is registered with a local emergency management organization or the department and holds an
identification card issued by the local emergency management director or the department for the purpose of engaging
in authorized emergency management activities or is an
employee of the state of Washington or any political
subdivision thereof who is called upon to perform emergency
management activities.
(5) "Injury" as used in this chapter shall mean and
include accidental injuries and/or occupational diseases
arising out of emergency management activities.
(6)(a) "Emergency or disaster" as used in all sections of
this chapter except RCW 38.52.430 shall mean an event or
set of circumstances which: (I) Demands immediate action
to preserve public health, protect life, protect public property,
or to provide relief to any stricken community overtaken by
such occurrences, or (ii) reaches such a dimension or degree
of destructiveness as to warrant the governor declaring a
state of emergency pursuant to RCW 43.06.010.
(b) "Emergency" as used in RCW 38.52.430 means an
incident that requires a normal police, coroner, fire, rescue,
emergency medical services, or utility response as a result of
a violation of one of the statutes enumerated in RCW
38.52.430.
(7) "Search and rescue" means the acts of searching for,
rescuing, or recovering by means of ground, marine, or air
activity any person who becomes lost, injured, or is killed
while outdoors or as a result of a natural, technological, or
human caused disaster, including instances involving
searches for downed aircraft when ground personnel are
[Title 38 RCW—page 43]
38.52.010
Title 38 RCW: Militia and Military Affairs
used. Nothing in this section shall affect appropriate activity
by the department of transportation under chapter 47.68
RCW.
(8) "Executive head" and "executive heads" means the
county executive in those charter counties with an elective
office of county executive, however designated, and, in the
case of other counties, the county legislative authority. In
the case of cities and towns, it means the mayor in those
cities and towns with mayor-council or commission forms of
government, where the mayor is directly elected, and it
means the city manager in those cities and towns with
council manager forms of government. Cities and towns
may also designate an executive head for the purposes of
this chapter by ordinance.
(9) "Director" means the adjutant general.
(10) "Local director" means the director of a local
organization of emergency management or emergency
services.
(11) "Department" means the state military department.
(12) "Emergency response" as used in RCW 38.52.430
means a public agency’s use of emergency services during
an emergency or disaster as defined in subsection (6)(b) of
this section.
(13) "Expense of an emergency response" as used in
RCW 38.52.430 means reasonable costs incurred by a public
agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs
directly arising from the response to the particular incident.
Reasonable costs shall include the costs of providing police,
coroner, fire fighting, rescue, emergency medical services, or
utility response at the scene of the incident, as well as the
salaries of the personnel responding to the incident.
(14) "Public agency" means the state, and a city, county,
municipal corporation, district, town, or public authority
located, in whole or in part, within this state which provides
or may provide fire fighting, police, ambulance, medical, or
other emergency services.
(15) "Incident command system" means: (a) An allhazards, on-scene functional management system that
establishes common standards in organization, terminology,
and procedures; provides a means (unified command) for the
establishment of a common set of incident objectives and
strategies during multiagency/multijurisdiction operations
while maintaining individual agency/jurisdiction authority,
responsibility, and accountability; and is a component of the
national interagency incident management system; or (b) an
equivalent and compatible all-hazards, on-scene functional
management system.
(16) "Radio communications service company" has the
meaning ascribed to it in RCW 82.14B.020. [2002 c 341 §
2; 1997 c 49 § 1; 1995 c 391 § 2. Prior: 1993 c 251 § 5;
1993 c 206 § 1; 1986 c 266 § 23; 1984 c 38 § 2; 1979 ex.s.
c 268 § 1; 1975 1st ex.s. c 113 § 1; 1974 ex.s. c 171 § 4;
1967 c 203 § 1; 1953 c 223 § 2; 1951 c 178 § 3.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Effective date—1995 c 391: See note following RCW 38.52.005.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Severability—1986 c 266: See note following RCW 38.52.005.
[Title 38 RCW—page 44]
38.52.020 Declaration of policy and purpose. (1)
Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness as defined in RCW 38.52.010(6), and in order to insure that preparations of this state will be adequate to deal
with such disasters, to insure the administration of state and
federal programs providing disaster relief to individuals, and
further to insure adequate support for search and rescue
operations, and generally to protect the public peace, health,
and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be
necessary:
(a) To provide for emergency management by the state,
and to authorize the creation of local organizations for
emergency management in the political subdivisions of the
state;
(b) To confer upon the governor and upon the executive
heads of the political subdivisions of the state the emergency
powers provided herein;
(c) To provide for the rendering of mutual aid among
the political subdivisions of the state and with other states
and to cooperate with the federal government with respect to
the carrying out of emergency management functions;
(d) To provide a means of compensating emergency
management workers who may suffer any injury, as herein
defined, or death; who suffer economic harm including
personal property damage or loss; or who incur expenses for
transportation, telephone or other methods of communication,
and the use of personal supplies as a result of participation
in emergency management activities; and
(e) To provide programs, with intergovernmental
cooperation, to educate and train the public to be prepared
for emergencies.
(2) It is further declared to be the purpose of this
chapter and the policy of the state that all emergency
management functions of this state and its political subdivisions be coordinated to the maximum extent with the
comparable functions of the federal government including its
various departments and agencies of other states and localities, and of private agencies of every type, to the end that
the most effective preparation and use may be made of the
nation’s manpower, resources, and facilities for dealing with
any disaster that may occur. [1986 c 266 § 24; 1984 c 38
§ 3; 1979 ex.s. c 268 § 2; 1975 1st ex.s. c 113 § 2; 1974
ex.s. c 171 § 5; 1967 c 203 § 2; 1953 c 223 § 1; 1951 c 178
§ 2.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.030 Director—Comprehensive emergency
management plan—Statewide enhanced 911 emergency
communications network—State coordinator of search
and rescue operations—State program for emergency
assistance—State coordinator for radioactive and hazardous waste emergency response programs. (1) The director
may employ such personnel and may make such expenditures within the appropriation therefor, or from other funds
made available for purposes of emergency management, as
may be necessary to carry out the purposes of this chapter.
(2) The director, subject to the direction and control of
the governor, shall be responsible to the governor for
carrying out the program for emergency management of this
(2002 Ed.)
Emergency Management
state. The director shall coordinate the activities of all
organizations for emergency management within the state,
and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states
and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this
chapter, as may be prescribed by the governor.
(3) The director shall develop and maintain a comprehensive, all-hazard emergency plan for the state which shall
include an analysis of the natural, technological, or human
caused hazards which could affect the state of Washington,
and shall include the procedures to be used during emergencies for coordinating local resources, as necessary, and the
resources of all state agencies, departments, commissions,
and boards. The comprehensive emergency management
plan shall direct the department in times of state emergency
to administer and manage the state’s emergency operations
center. This will include representation from all appropriate
state agencies and be available as a single point of contact
for the authorizing of state resources or actions, including
emergency permits. The comprehensive emergency management plan must specify the use of the incident command
system for multiagency/multijurisdiction operations. The
comprehensive, all-hazard emergency plan authorized under
this subsection may not include preparation for emergency
evacuation or relocation of residents in anticipation of
nuclear attack. This plan shall be known as the comprehensive emergency management plan.
(4) In accordance with the comprehensive emergency
management plans and the programs for the emergency
management of this state, the director shall procure supplies
and equipment, institute training programs and public
information programs, and shall take all other preparatory
steps, including the partial or full mobilization of emergency
management organizations in advance of actual disaster, to
insure the furnishing of adequately trained and equipped
forces of emergency management personnel in time of need.
(5) The director shall make such studies and surveys of
the industries, resources, and facilities in this state as may be
necessary to ascertain the capabilities of the state for
emergency management, and shall plan for the most efficient
emergency use thereof.
(6) The emergency management council shall advise the
director on all aspects of the communications and warning
systems and facilities operated or controlled under the
provisions of this chapter.
(7) The director, through the state enhanced 911
coordinator, shall coordinate and facilitate implementation
and operation of a statewide enhanced 911 emergency
communications network.
(8) The director shall appoint a state coordinator of
search and rescue operations to coordinate those state
resources, services and facilities (other than those for which
the state director of aeronautics is directly responsible)
requested by political subdivisions in support of search and
rescue operations, and on request to maintain liaison with
and coordinate the resources, services, and facilities of
political subdivisions when more than one political subdivision is engaged in joint search and rescue operations.
(9) The director, subject to the direction and control of
the governor, shall prepare and administer a state program
for emergency assistance to individuals within the state who
(2002 Ed.)
38.52.030
are victims of a natural, technological, or human caused
disaster, as defined by RCW 38.52.010(6). Such program
may be integrated into and coordinated with disaster assistance plans and programs of the federal government which
provide to the state, or through the state to any political
subdivision thereof, services, equipment, supplies, materials,
or funds by way of gift, grant, or loan for purposes of
assistance to individuals affected by a disaster. Further, such
program may include, but shall not be limited to, grants,
loans, or gifts of services, equipment, supplies, materials, or
funds of the state, or any political subdivision thereof, to
individuals who, as a result of a disaster, are in need of
assistance and who meet standards of eligibility for disaster
assistance established by the department of social and health
services: PROVIDED, HOWEVER, That nothing herein
shall be construed in any manner inconsistent with the
provisions of Article VIII, section 5 or section 7 of the
Washington state Constitution.
(10) The director shall appoint a state coordinator for radioactive and hazardous waste emergency response programs. The coordinator shall consult with the state radiation
control officer in matters relating to radioactive materials.
The duties of the state coordinator for radioactive and
hazardous waste emergency response programs shall include:
(a) Assessing the current needs and capabilities of state
and local radioactive and hazardous waste emergency
response teams on an ongoing basis;
(b) Coordinating training programs for state and local
officials for the purpose of updating skills relating to
emergency mitigation, preparedness, response, and recovery;
(c) Utilizing appropriate training programs such as those
offered by the federal emergency management agency, the
department of transportation and the environmental protection agency; and
(d) Undertaking other duties in this area that are deemed
appropriate by the director. [1997 c 49 § 2; 1995 c 269 §
1201. Prior: 1991 c 322 § 20; 1991 c 54 § 2; 1986 c 266
§ 25; 1984 c 38 § 4; 1975 1st ex.s. c 113 § 3; 1973 1st ex.s.
c 154 § 58; 1967 c 203 § 3; 1951 c 178 § 4.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Referral to electorate—1991 c 54: "Sections 1 through 6 and 9
through 16 of this act shall be submitted to the people for their adoption and
ratification, or rejection, at the next succeeding general election to be held
in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.
The ballot title for this act shall be: "Shall enhanced 911 emergency
telephone dialing be provided throughout the state and be funded by a tax
on telephone lines?"" [1991 c 54 § 17.]
Reviser’s note: "This act," chapter 54, Laws of 1991, was adopted
and ratified by the people at the November 5, 1991, general election
(Referendum Bill No. 42).
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Hazardous and radioactive wastes: Chapters 70.98, 70.99, 70.105, 70.136
RCW.
38.52.037 Comprehensive state mine rescue plan—
Submittal to legislature. The department shall consult with
appropriate local, state, federal, and private sector officials
[Title 38 RCW—page 45]
38.52.037
Title 38 RCW: Militia and Military Affairs
in developing a comprehensive state mine rescue plan. The
plan shall identify mine rescue resources, set forth a framework for a coordinated response to mine rescue emergencies,
identify shortfalls, and recommend solutions.
The draft of the comprehensive state mine rescue plan
and a schedule for submittal of the final plan shall be
submitted to the legislature on January 13, 1986. [1986 c
266 § 26; 1985 c 459 § 6.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1985 c 459: See note following RCW 79.01.668.
38.52.040 Emergency management council—
Members—Ad hoc committees—Function as state
emergency response commission—Rules review. (1)
There is hereby created the emergency management council
(hereinafter called the council), to consist of not more than
seventeen members who shall be appointed by the governor.
The membership of the council shall include, but not be
limited to, representatives of city and county governments,
sheriffs and police chiefs, the Washington state patrol, the
military department, the department of ecology, state and
local fire chiefs, seismic safety experts, state and local
emergency management directors, search and rescue volunteers, medical professions who have expertise in emergency
medical care, building officials, and private industry. The
representatives of private industry shall include persons
knowledgeable in emergency and hazardous materials
management. The council members shall elect a chairman
from within the council membership. The members of the
council shall serve without compensation, but may be
reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended.
(2) The emergency management council shall advise the
governor and the director on all matters pertaining to state
and local emergency management. The council may appoint
such ad hoc committees, subcommittees, and working groups
as are required to develop specific recommendations for the
improvement of emergency management practices, standards,
policies, or procedures. The council shall ensure that the
governor receives an annual assessment of statewide emergency preparedness including, but not limited to, specific
progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood
hazards, and coordination of hazardous materials planning
and response activities. The council or a subcommittee
thereof shall periodically convene in special session and
serve during those sessions as the state emergency response
commission required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in
session as the state emergency response commission, the
council shall confine its deliberations to those items specified
in federal statutes and state administrative rules governing
the coordination of hazardous materials policy. The council
shall review administrative rules governing state and local
emergency management practices and recommend necessary
revisions to the director. [1995 c 269 § 1202; 1988 c 81 §
18; 1984 c 38 § 5; 1979 ex.s. c 57 § 8; 1975-’76 2nd ex.s.
c 34 § 82; 1974 ex.s. c 171 § 6; 1951 c 178 § 5.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
[Title 38 RCW—page 46]
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
38.52.050 Governor’s general powers and duties.
(1) The governor, through the director, shall have general
supervision and control of the emergency management
functions in the department, and shall be responsible for the
carrying out of the provisions of this chapter, and in the
event of disaster beyond local control, may assume direct
operational control over all or any part of the emergency
management functions within this state.
(2) In performing his or her duties under this chapter,
the governor is authorized to cooperate with the federal
government, with other states, and with private agencies in
all matters pertaining to the emergency management of this
state and of the nation.
(3) In performing his or her duties under this chapter
and to effect its policy and purpose, the governor is further
authorized and empowered:
(a) To make, amend, and rescind the necessary orders,
rules, and regulations to carry out the provisions of this
chapter within the limits of the authority conferred upon him
herein, with due consideration of the plans of the federal
government;
(b) On behalf of this state, to enter into mutual aid
arrangements with other states and territories, or provinces
of the Dominion of Canada and to coordinate mutual aid
interlocal agreements between political subdivisions of this
state;
(c) To delegate any administrative authority vested in
him under this chapter, and to provide for the subdelegation
of any such authority;
(d) To appoint, with the advice of local authorities,
metropolitan or regional area coordinators, or both, when
practicable;
(e) To cooperate with the president and the heads of the
armed forces, the emergency management agency of the
United States, and other appropriate federal officers and
agencies, and with the officers and agencies of other states
in matters pertaining to the emergency management of the
state and nation. [1997 c 49 § 3; 1986 c 266 § 27; 1984 c
38 § 6; 1974 ex.s. c 171 § 7; 1951 c 178 § 6.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.070 Local organizations and joint local
organizations authorized—Establishment, operation—
Emergency powers, procedures. (1) Each political subdivision of this state is hereby authorized and directed to
establish a local organization or to be a member of a joint
local organization for emergency management in accordance
with the state comprehensive emergency management plan
and program: PROVIDED, That a political subdivision
proposing such establishment shall submit its plan and
program for emergency management to the state director and
secure his or her recommendations thereon, and verification
of consistency with the state comprehensive emergency management plan, in order that the plan of the local organization
for emergency management may be coordinated with the
plan and program of the state. Local comprehensive
emergency management plans must specify the use of the
(2002 Ed.)
Emergency Management
incident command system for multiagency/multijurisdiction
operations. No political subdivision may be required to
include in its plan provisions for the emergency evacuation
or relocation of residents in anticipation of nuclear attack.
If the director’s recommendations are adverse to the plan as
submitted, and, if the local organization does not agree to the
director’s recommendations for modification to the proposal,
the matter shall be referred to the council for final action.
The director may authorize two or more political subdivisions to join in the establishment and operation of a joint
local organization for emergency management as circumstances may warrant, in which case each political subdivision
shall contribute to the cost of emergency management upon
such fair and equitable basis as may be determined upon by
the executive heads of the constituent subdivisions. If in any
case the executive heads cannot agree upon the proper
division of cost the matter shall be referred to the council for
arbitration and its decision shall be final. When two or more
political subdivisions join in the establishment and operation
of a joint local organization for emergency management each
shall pay its share of the cost into a special pooled fund to
be administered by the treasurer of the most populous
subdivision, which fund shall be known as the . . . . . .
emergency management fund. Each local organization or
joint local organization for emergency management shall
have a director who shall be appointed by the executive head
of the political subdivision, and who shall have direct
responsibility for the organization, administration, and
operation of such local organization for emergency management, subject to the direction and control of such executive
officer or officers. In the case of a joint local organization
for emergency management, the director shall be appointed
by the joint action of the executive heads of the constituent
political subdivisions. Each local organization or joint local
organization for emergency management shall perform
emergency management functions within the territorial limits
of the political subdivision within which it is organized, and,
in addition, shall conduct such functions outside of such
territorial limits as may be required pursuant to the provisions of this chapter.
(2) In carrying out the provisions of this chapter each
political subdivision, in which any disaster as described in
RCW 38.52.020 occurs, shall have the power to enter into
contracts and incur obligations necessary to combat such
disaster, protecting the health and safety of persons and
property, and providing emergency assistance to the victims
of such disaster. Each political subdivision is authorized to
exercise the powers vested under this section in the light of
the exigencies of an extreme emergency situation without
regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional
requirements), including, but not limited to, budget law
limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of
public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of
equipment, the purchase of supplies and materials, the
levying of taxes, and the appropriation and expenditures of
public funds. [1997 c 49 § 4; 1986 c 266 § 28; 1984 c 38
§ 7; 1974 ex.s. c 171 § 9; 1951 c 178 § 8.]
Severability—1986 c 266: See note following RCW 38.52.005.
(2002 Ed.)
38.52.070
38.52.080 Outside aid—Rights and liabilities—
Claims. (1) Whenever the employees of any political
subdivision are rendering outside aid pursuant to the authority contained in RCW 38.52.070 such employees shall have
the same powers, duties, rights, privileges, and immunities
as if they were performing their duties in the political
subdivisions in which they are normally employed.
(2) The political subdivision in which any equipment is
used pursuant to this section shall be liable for any loss or
damage thereto and shall pay any expense incurred in the
operation and maintenance thereof. No claim for such loss,
damage, or expense shall be allowed unless, within sixty
days after the same is sustained or incurred, an itemized
notice of such claim under oath is served by mail or otherwise upon the executive head of such political subdivision
where the equipment was used. The term "employee" as
used in this section shall mean, and the provisions of this
section shall apply with equal effect to, volunteer auxiliary
employees, and emergency workers.
(3) The foregoing rights, privileges, and obligations
shall also apply in the event such aid is rendered outside the
state, provided that payment or reimbursement in such case
shall or may be made by the state or political subdivision
receiving such aid pursuant to a reciprocal mutual aid
agreement or compact with such state or by the federal
government. [1984 c 38 § 8; 1974 ex.s. c 171 § 10; 1951 c
178 § 9.]
38.52.091 Mutual aid and interlocal agreements—
Requirements. (1) The director of each local organization
for emergency management may, in collaboration with other
public and private agencies within this state, develop or
cause to be developed mutual aid arrangements for reciprocal
emergency management aid and assistance in case of disaster
too great to be dealt with unassisted. Such arrangements
must be consistent with the state emergency management
plan and program, and in time of emergency it is the duty of
each local organization for emergency management to render
assistance in accordance with the provisions of such mutual
aid arrangements. The adjutant general shall maintain and
distribute a mutual aid and interlocal agreement handbook.
(2) The adjutant general and the director of each local
organization for emergency management may, subject to the
approval of the governor, enter into mutual aid arrangements
with emergency management agencies or organizations in
other states for reciprocal emergency management aid and
assistance in case of disaster too great to be dealt with
unassisted. All such arrangements must contain the language
and provisions in subsection (3) of this section.
(3) Mutual aid and interlocal agreements must include
the following:
Purpose
The purpose must state the reason the mutual aid or
interlocal agreement or compact is coordinated, the parties
to the agreement or compact, and the assistance to be
provided.
Authorization
Article I, section 10 of the Constitution of the United States
permits a state to enter into an agreement or compact with
another state, subject to the consent of Congress. Congress,
[Title 38 RCW—page 47]
38.52.091
Title 38 RCW: Militia and Military Affairs
through enactment of Title 50 U.S.C. Sections 2281(g), 2283
and the Executive Department, by issuance of Executive
Orders No. 10186 of December 1, 1950, encourages the
states to enter into emergency, disaster and civil defense
mutual aid agreements or pacts.
Implementation
The conditions that guide the agreement or compacts may
include, but are not limited to:
(a) A statement of which authority or authorities are
authorized to request and receive assistance and the conditions that must exist for the request or receipt of assistance.
(b) A statement of how the requests for assistance may
be made, what documentation of the request is required, the
specifics of any details included in the request, and the
required approval for the request.
(c) A statement of the direction and control relationship
between the personnel and equipment provided by the
jurisdiction to the requester and the requirements of the
requester to coordinate the activities of the jurisdiction
providing the assets.
(d) A statement of the circumstances by which the
assisting jurisdiction may withdraw support from the
requester and the method by which this is to be communicated.
General Fiscal Provisions
The terms of reimbursement must be stated defining the
relationship between the requesting jurisdiction and the
aiding jurisdiction, when reimbursement will be made, and
details of the claim for reimbursement. The provisions may
include statements that discuss but are not limited to:
(a) A statement of what costs are incurred by the
requesting jurisdiction.
(b) A statement of what costs and compensation benefits
are made to individuals from the aiding jurisdiction by the
requesting jurisdiction.
Privileges and Immunities
The conditions and immunities that are enjoyed by the
individuals from the aiding jurisdiction to the requesting
jurisdiction must be stated. These provisions may include
but are not limited to:
(a) A statement of the privileges and immunities from
liability and the law an employee of a supporting jurisdiction
enjoys while supporting the requesting jurisdiction.
(b) A statement of the privileges and immunities from
liability and the law a volunteer from a supporting jurisdiction enjoys while supporting the requesting jurisdiction.
(c) A statement on the use of the national guard
between the requesting and supporting jurisdictions.
(d) A hold harmless agreement between the signatory
jurisdictions.
(e) The precedence this agreement takes with existing
agreements.
(f) A time line by which information required by the
agreement is exchanged and updated annually.
(g) The time in which the agreement becomes effective.
(h) The time and conditions when a signatory may
withdraw and render the agreement ineffective. [1997 c 195
§ 1.]
[Title 38 RCW—page 48]
38.52.100 Appropriations—Acceptance of funds,
services, etc. (1) Each political subdivision shall have the
power to make appropriations in the manner provided by law
for making appropriations for the ordinary expenses of such
political subdivision for the payment of expenses of its local
organization for emergency management.
(2) Whenever the federal government or any agency or
officer thereof shall offer to the state, or through the state to
any political subdivision thereof, services, equipment,
supplies, materials, or funds by way of gift, grant, or loan,
for purposes of emergency management, the state, acting
through the governor, or such political subdivision, acting
with the consent of the governor and through its executive
head, may accept such offer and upon such acceptance the
governor of the state or executive head of such political
subdivision may authorize any officer of the state or of the
political subdivision, as the case may be, to receive such
services, equipment, supplies, materials, or funds on behalf
of the state or such political subdivision, and subject to the
terms of the offer and the rules and regulations, if any, of
the agency making the offer.
(3) Whenever any person, firm, or corporation shall
offer to the state or to any political subdivision thereof,
services, equipment, supplies, materials, or funds by way of
gift, grant, or loan, for the purposes of emergency management, the state, acting through the governor, or such political
subdivision, acting through its executive head, may accept
such offer and upon such acceptance the governor of the
state or executive head of such political subdivision may
authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or
such political subdivision, and subject to the terms of the
offer. [1984 c 38 § 10; 1974 ex.s. c 171 § 12; 1951 c 178
§ 12.]
38.52.105 Disaster response account. The disaster
response account is created in the state treasury. Moneys
may be placed in the account from legislative appropriations
and transfers, federal appropriations, or any other lawful
source. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for support of state agency and local government disaster response and recovery efforts. During the 2001-03
biennium, funds from the account may also be used for costs
associated with national security preparedness activities.
[2002 c 371 § 903; 1997 c 251 § 1.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Effective date—1997 c 251: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 5, 1997]." [1997 c 251 § 2.]
38.52.106 Nisqually earthquake account. The
Nisqually earthquake account is created in the state treasury.
Moneys may be placed in the account from tax revenues,
budget transfers or appropriations, federal appropriations,
gifts, or any other lawful source. Moneys in the account
may be spent only after appropriation. Moneys in the
account shall be used only to support state and local government disaster response and recovery efforts associated with
(2002 Ed.)
Emergency Management
the Nisqually earthquake. During the 2001-2003 fiscal
biennium, the legislature may transfer moneys from the
Nisqually earthquake account to the disaster response
account for fire suppression and mobilization costs, and costs
associated with national security preparedness activities.
[2002 c 371 § 904; 2001 c 5 § 2.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Nisqually earthquake emergency declaration—2001 c 5: "The
legislature declares an emergency caused by a natural disaster, known as the
Nisqually earthquake, which occurred on February 28, 2001, as proclaimed
by the governor and the president of the United States." [2001 c 5 § 1.]
Effective date—2001 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 12, 2001]." [2001 c 5 § 6.]
38.52.110 Use of existing services and facilities—
Impressment of citizenry. (1) In carrying out the provisions of this chapter, the governor and the executive heads
of the political subdivisions of the state are directed to utilize
the services, equipment, supplies, and facilities of existing
departments, offices, and agencies of the state, political
subdivisions, and all other municipal corporations thereof
including but not limited to districts and quasi municipal corporations organized under the laws of the state of Washington to the maximum extent practicable, and the officers and
personnel of all such departments, offices, and agencies are
directed to cooperate with and extend such services and
facilities to the governor and to the emergency management
organizations of the state upon request notwithstanding any
other provision of law.
(2) The governor, the chief executive of counties, cities
and towns and the emergency management directors of local
political subdivisions appointed in accordance with this
chapter, in the event of a disaster, after proclamation by the
governor of the existence of such disaster, shall have the
power to command the service and equipment of as many
citizens as considered necessary in the light of the disaster
proclaimed: PROVIDED, That citizens so commandeered
shall be entitled during the period of such service to all
privileges, benefits and immunities as are provided by this
chapter and federal and state emergency management
regulations for registered emergency workers. [1984 c 38 §
11; 1974 ex.s. c 171 § 13; 1971 ex.s. c 8 § 1; 1955 c 210 §
1; 1951 c 178 § 13.]
38.52.120 Political activity prohibited. No organization for emergency management established under the
authority of this chapter shall participate in any form of
political activity, nor shall it be employed directly or
indirectly for political purposes. [1984 c 38 § 12; 1974 ex.s.
c 171 § 14; 1951 c 178 § 14.]
38.52.140 Status of civil service employee preserved.
Any civil service employee of the state of Washington or of
any political subdivision thereof while on leave of absence
and on duty with any emergency management agency authorized under the provisions of this chapter shall be preserved
in his civil service status as to seniority and retirement rights
so long as he regularly continues to make the usual contributions incident to the retention of such beneficial rights as if
(2002 Ed.)
38.52.106
he were not on leave of absence. [1984 c 38 § 13; 1974
ex.s. c 171 § 16; 1951 c 178 § 16.]
38.52.150
Orders, rules, regulations—
Enforcement—Availability—Penalty. (1) It shall be the
duty of every organization for emergency management established pursuant to this chapter and of the officers thereof to
execute and enforce such orders, rules, and regulations as
may be made by the governor under authority of this
chapter. Each such organization shall have available for
inspection at its office all orders, rules, and regulations made
by the governor, or under his authority.
(2) Every violation of any rule, regulation or order
issued under the authority of this chapter shall constitute a
misdemeanor and shall be punishable as such: PROVIDED,
That whenever any person shall commit a second offense
hereunder the same shall constitute a gross misdemeanor and
shall be punishable as such. [1984 c 38 § 14; 1974 ex.s. c
171 § 17; 1951 c 178 § 18.]
38.52.160 Matching funds from political subdivision
may be required. The emergency management agency is
hereby authorized to require of any political subdivision to
which funds are allocated under this chapter for any project,
use or activity that such subdivision shall provide matching
funds in equal amounts with respect to such project, use or
activity. [1984 c 38 § 15; 1974 ex.s. c 171 § 18; 1951 c 178
§ 19.]
38.52.170 Plan for federal area. Whenever the
director finds that it will be in the interest of the emergency
management of this state or of the United States, the director
may, with the approval of the governor, agree with the federal government, or any agency thereof carrying on activities
within this state, upon a plan of emergency management
applicable to a federally owned area, which plan may or may
not conform to all of the other provisions of this chapter
with the view to integrating federally owned areas into the
comprehensive plan and program of the emergency management of this state. Such plan may confer upon persons
carrying out such plan any or all of the rights, powers,
privileges and immunities granted employees or representatives of the state and/or its political subdivisions by this
chapter. The plan of emergency management authorized
under this section may not include preparation for emergency
evacuation or relocation of residents in anticipation of
nuclear attack. [1986 c 266 § 30; 1984 c 38 § 16; 1974
ex.s. c 171 § 19; 1951 c 178 § 20.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.180 Liability for property damage, bodily
injury, death—Immunity—Assumption by state—
Indemnification. (1) There shall be no liability on the part
of anyone including any person, partnership, corporation, the
state of Washington or any political subdivision thereof who
owns or maintains any building or premises which have been
designated by a local organization for emergency management as a shelter from destructive operations or attacks by
enemies of the United States for any injuries sustained by
any person while in or upon said building or premises, as a
result of the condition of said building or premises or as a
[Title 38 RCW—page 49]
38.52.180
Title 38 RCW: Militia and Military Affairs
result of any act or omission, or in any way arising from the
designation of such premises as a shelter, when such person
has entered or gone upon or into said building or premises
for the purpose of seeking refuge therein during destructive
operations or attacks by enemies of the United States or
during tests ordered by lawful authority, except for an act of
wilful negligence by such owner or occupant or his servants,
agents, or employees.
(2) All legal liability for damage to property or injury
or death to persons (except an emergency worker, regularly
enrolled and acting as such), caused by acts done, or
attempted, under the color of this chapter in a bona fide
attempt to comply therewith shall be the obligation of the
state of Washington. Suits may be instituted and maintained
against the state for the enforcement of such liability, or for
the indemnification of persons appointed and regularly
enrolled as emergency workers while actually engaged in
emergency management duties, or as members of any agency
of the state or political subdivision thereof engaged in
emergency management activity, or their dependents, for
damage done to their private property, or for any judgment
against them for acts done in good faith in compliance with
this chapter: PROVIDED, That the foregoing shall not be
construed to result in indemnification in any case of wilful
misconduct, gross negligence or bad faith on the part of any
agent of emergency management: PROVIDED, That should
the United States or any agency thereof, in accordance with
any federal statute, rule or regulation, provide for the
payment of damages to property and/or for death or injury
as provided for in this section, then and in that event there
shall be no liability or obligation whatsoever upon the part
of the state of Washington for any such damage, death, or
injury for which the United States government assumes
liability.
(3) Any requirement for a license to practice any
professional, mechanical or other skill shall not apply to any
authorized emergency worker who shall, in the course of
performing his duties as such, practice such professional,
mechanical or other skill during an emergency described in
this chapter.
(4) The provisions of this section shall not affect the
right of any person to receive benefits to which he would
otherwise be entitled under this chapter, or under the
workers’ compensation law, or under any pension or retirement law, nor the right of any such person to receive any
benefits or compensation under any act of congress. [1987
c 185 § 7; 1984 c 38 § 17; 1974 ex.s. c 171 § 20; 1971 ex.s.
c 8 § 2; 1953 c 145 § 1; 1951 c 178 § 11.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
38.52.190 Compensation for injury or death—
Chapter exclusive. Except as provided in this chapter, an
emergency worker and his dependents shall have no right to
receive compensation from the state, from the agency, from
the local organization for emergency management with
which he is registered, or from the county or city which has
empowered the local organization for emergency management to register him and direct his activities, for an injury or
death arising out of and occurring in the course of his
activities as an emergency worker. [1984 c 38 § 18; 1974
ex.s. c 171 § 21; 1953 c 223 § 3.]
[Title 38 RCW—page 50]
38.52.195 Exemption from liability while providing
construction, equipment or work. Notwithstanding any
other provision of law, no person, firm, corporation, or other
entity acting under the direction or control of the proper
authority to provide construction, equipment, or work as
provided for in RCW 38.52.110, 38.52.180, 38.52.195,
38.52.205, 38.52.207, 38.52.220 and 38.52.390 while complying with or attempting to comply with RCW 38.52.110,
38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and
38.52.390 or any rule or regulation promulgated pursuant to
the provisions of RCW 38.52.110, 38.52.180, 38.52.195,
38.52.205, 38.52.207, 38.52.220 and 38.52.390 shall be
liable for the death of or any injury to persons or damage to
property as a result of any such activity: PROVIDED, That
said exemption shall only apply where all of the following
conditions occur:
(1) Where, at the time of the incident the worker is
performing services as an emergency worker, and is acting
within the course of his duties as an emergency worker;
(2) Where, at the time of the injury, loss, or damage, the
organization for emergency management which the worker
is assisting is an approved organization for emergency
management;
(3) Where the injury, loss, or damage is proximately
caused by his service either with or without negligence as an
emergency worker;
(4) Where the injury, loss, or damage is not caused by
the intoxication of the worker; and
(5) Where the injury, loss, or damage is not due to
wilful misconduct or gross negligence on the part of a
worker. [1984 c 38 § 19; 1974 ex.s. c 171 § 22; 1971 ex.s.
c 8 § 7.]
38.52.1951 Application of exemption from liability
for architects and engineers. For purposes of the liability
of an architect or engineer serving as a volunteer emergency
worker, the exemption from liability provided under RCW
38.52.195 extends to all damages, so long as the conditions
specified in RCW 38.52.195 (1) through (5) occur. [1993 c
206 § 2.]
38.52.198 Emergency care, rescue, assistance, or
recovery services in mine rescue or recovery work—
Immunity from liability. No person engaged in mine
rescue or recovery work who, in good faith, renders emergency care, rescue, assistance, or recovery services at the
scene of any emergency at or in a mine in this state or who
employs, sponsors, or represents any person rendering
emergency care, rescue, assistance, or recovery services shall
be liable for any civil damages as a result of any act or
omission by any person in rendering emergency care, rescue,
assistance, or recovery service. [1985 c 459 § 9.]
Severability—1985 c 459: See note following RCW 79.01.668.
38.52.200 Liability for compensation is in lieu of
other liability—Exception. Liability for the compensation
provided by this chapter, as limited by the provisions
thereof, is in lieu of any other liability whatsoever to an
emergency worker or his dependents or any other person on
the part of the state, the agency, the local organization for
emergency management with which the emergency worker
(2002 Ed.)
Emergency Management
is registered, and the county or city which has empowered
the local organization for emergency management to register
him and direct his activities, for injury or death arising out
of and in the course of his activities while on duty as an
emergency worker: PROVIDED, That nothing in this
chapter shall limit or bar the liability of the state or its
political subdivisions engaged in proprietary functions as
distinguished from governmental functions that may exist by
reason of injury or death sustained by an emergency worker.
[1984 c 38 § 20; 1974 ex.s. c 171 § 23; 1953 c 223 § 9.]
38.52.205 Claims arising from emergency management related activities—Filing—Contents. All claims
against the state for property damages or indemnification
therefor arising from emergency management related
activities will be presented to and filed with the director of
financial management. Contents of all such claims shall
conform to the tort claim filing requirements found in RCW
4.92.100 as now or hereafter amended.[1984 c 38 § 21; 1979
c 151 § 43; 1977 ex.s. c 144 § 6; 1974 ex.s. c 171 § 24;
1971 ex.s. c 8 § 4.]
38.52.207 Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc., by director—Effect. The director,
with the approval of the attorney general, may consider,
ascertain, adjust, determine, compromise and settle property
loss or damage claims arising out of conduct or circumstances for which the state of Washington would be liable in law
for money damages of two thousand dollars or less. The
acceptance by the claimant of any such award, compromise,
or settlement shall be final and conclusive on the claimant;
and upon the state of Washington, unless procured by fraud,
and shall constitute a complete release of any claim against
the state of Washington. A request for administrative
settlement shall not preclude a claimant from filing court
action pending administrative determination, or limit the
amount recoverable in such a suit, or constitute an admission
against interest of either the claimant or the state. [1986 c
266 § 31; 1984 c 38 § 22; 1974 ex.s. c 171 § 25; 1971 ex.s.
c 8 § 5.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.210 Compensation boards—Established. (1)
In each local organization for emergency management
established by the legislative authority of the county in
accordance with the provisions of RCW 38.52.070, there is
hereby created and established a compensation board for the
processing of claims as provided in this chapter. The
compensation board shall be composed of: (a) The county
executive if the county has an elected county executive or,
if it does not, one member of the county legislative authority
selected by the authority. The executive or the member will
serve as the chair of the compensation board; (b) the county
director of emergency services; (c) the prosecuting attorney;
(d) the emergency services coordinator for medical and
health services; and (e) the county auditor who will serve as
secretary of the compensation board.
(2) In each local organization for emergency management established by cities and towns in accordance with
RCW 38.52.070, there is hereby created and established a
(2002 Ed.)
38.52.200
compensation board for the processing of claims as provided
in this chapter. The compensation board shall be composed
of the mayor; the city director of emergency management;
one councilmember or commissioner selected by the council
or the commission; the city attorney or corporation counsel;
and the local coordinator of medical and health services.
The councilmember or commissioner so selected shall serve
as the chair of the compensation board and the city director
of emergency management shall serve as secretary of the
board. [1986 c 266 § 32; 1984 c 38 § 23; 1981 c 213 § 6;
1974 ex.s. c 171 § 26; 1953 c 223 § 4.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.220 Compensation boards—Meetings—Claims
not necessitating board meeting. Said compensation board
shall meet on the call of its chairman on a regular monthly
meeting day when there is business to come before it. The
chairman shall be required to call a meeting on any monthly
meeting day when any claim for compensation under this
chapter has been submitted to the board: PROVIDED, That
as to claims involving amounts of two thousand dollars or
less, the local organization director shall submit recommendations directly to the state without convening a compensation board. [1984 c 38 § 24; 1971 ex.s. c 8 § 3; 1953 c 223
§ 5.]
38.52.230 Compensation boards—Attendance of
witnesses, oaths, rules—Members uncompensated. The
compensation board, in addition to other powers herein
granted, shall have the power to compel the attendance of
witnesses to testify before it on all matters connected with
the operation of this chapter and its chairman or any member
of said board may administer oath to such witnesses; to
make all necessary rules and regulations for its guidance in
conformity with the provisions of this chapter: PROVIDED,
HOWEVER, That no compensation or emoluments shall be
paid to any member of said board for any duties performed
as a member of said compensation board. [1953 c 223 § 6.]
38.52.240 Compensation boards—Duties as to
compensation applications. The compensation board shall
hear and decide all applications for compensation under this
chapter. The board shall submit its recommendations to the
director on such forms as he or she may prescribe. In case
the decision of the director is different from the recommendation of the compensation board, the matter shall be
submitted to the state emergency management council for
action. [1986 c 266 § 33; 1984 c 38 § 25; 1974 ex.s. c 171
§ 27; 1953 c 223 § 7.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.250 Compensation boards—Quorum—
Transmittal of minutes, claims—Appeal to department.
A majority of the compensation board shall constitute a
quorum, and no business shall be transacted when a majority
is not present, and no claim shall be allowed when a
majority of the board has not voted favorably thereon.
The board shall send a copy of the minutes of all
meetings to the department with copies of all material
pertaining to each claim submitted and noting the action of
the board on each claim. Appeals may be made by the
[Title 38 RCW—page 51]
38.52.250
Title 38 RCW: Militia and Military Affairs
emergency worker from any action by the board within one
year by writing to the department. [1986 c 266 § 34; 1984
c 38 § 26; 1974 ex.s. c 171 § 28; 1953 c 223 § 8.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.260 When compensation furnished. Compensation shall be furnished to an emergency worker either
within or without the state for any injury arising out of and
occurring in the course of his activities as an emergency
worker, and for the death of any such worker if the injury
proximately causes death, in those cases where the following
conditions occur:
(1) Where, at the time of the injury the emergency
worker is performing services as an emergency worker, and
is acting within the course of his duties as an emergency
worker.
(2) Where, at the time of the injury the local organization for emergency management with which the emergency
worker is registered is an approved local organization for
emergency management.
(3) Where the injury is proximately caused by his
service as an emergency worker, either with or without
negligence.
(4) Where the injury is not caused by the intoxication of
the injured emergency worker.
(5) Where the injury is not intentionally self-inflicted.
[1984 c 38 § 27; 1974 ex.s. c 171 § 29; 1953 c 223 § 10.]
38.52.270 Minors entitled to benefits. Emergency
workers who are minors shall have the same rights as adults
for the purpose of receiving benefits under the provisions of
this chapter, but this provision shall not prevent the requirements that a guardian be appointed to receive and administer
such benefits until the majority of such minor. Work as an
emergency worker shall not be deemed as employment or in
violation of any of the provisions of chapter 49.12 RCW.
[1984 c 38 § 28; 1974 ex.s. c 171 § 30; 1953 c 223 § 11.]
38.52.280 Compensation and benefits limited by
appropriation. No compensation or benefits shall be paid
or furnished to emergency workers or their dependents
pursuant to the provisions of this chapter except from money
appropriated for the purpose of this chapter.[1984 c 38 § 29;
1974 ex.s. c 171 § 31; 1953 c 223 § 12.]
38.52.290 Applicability of workers’ compensation
law. Insofar as not inconsistent with the provisions of this
chapter, the maximum amount payable to a claimant shall be
not greater than the amount allowable for similar disability
under the workers’ compensation act, chapter 51.32 RCW as
amended by chapter 289, Laws of 1971 ex.sess., and any
amendments thereto. "Employee" as used in said title shall
include an emergency worker when liability for the furnishing of compensation and benefits exists pursuant to the
provisions of this chapter and as limited by the provisions of
this chapter. Where liability for compensation and benefits
exists, such compensation and benefits shall be provided in
accordance with the applicable provisions of said sections of
chapter 51.32 RCW and at the maximum rate provided
therein, subject, however, to the limitations set forth in this
[Title 38 RCW—page 52]
chapter. [1987 c 185 § 8; 1984 c 38 § 30; 1974 ex.s. c 171
§ 32; 1971 ex.s. c 289 § 71; 1953 c 223 § 13.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—Effective dates—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
38.52.300 Right of action against third party. If the
injury to an emergency worker is due to the negligence or
wrong of another not on emergency duty, the injured worker,
or if death results from the injury, the surviving spouse,
children, parents or dependents, as the case may be, shall
elect whether to take under this chapter or seek a remedy
against such other, such election to be in advance of any suit
under this chapter; and if the surviving spouse takes under
this chapter, the cause of action against such other shall be
assigned to the department; if the other choice is made, the
compensation under this chapter shall be only the deficiency,
if any, between the amount of recovery against such third
person actually collected, and the compensation provided or
estimated for such case under authority of this chapter:
PROVIDED, That the department shall prosecute all claims
assigned to it and do any and all things necessary to recover
on behalf of the state any and all amounts which an employer or insurance carrier might recover under the provisions of the law. [1986 c 266 § 35; 1984 c 38 § 31; 1973
1st ex.s. c 154 § 59; 1953 c 223 § 14.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
38.52.310 Coverage, classification, registration, of
workers. The department shall establish by rule and
regulation various classes of emergency workers, the scope
of the duties of each class, and the conditions under which
said workers shall be deemed to be on duty and covered by
the provisions of this chapter. The department shall also
adopt rules and regulations prescribing the manner in which
emergency workers of each class are to be registered. [1986
c 266 § 36; 1984 c 38 § 32; 1974 ex.s. c 171 § 33; 1953 c
223 § 15.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.320 Schedule of payments. The department
shall provide each compensation board with the approved
maximum schedule of payments for injury or death prescribed in chapter 51.32 RCW: PROVIDED, That nothing
in this chapter shall be construed as establishing any liability
on the part of the department of labor and industries. [1986
c 266 § 37; 1984 c 38 § 33; 1974 ex.s. c 171 § 34; 1953 c
223 § 16.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.330 Expenditures authorized—Claims,
payment and disposition—Appeals. The department is
authorized to make all expenditures necessary and proper to
carry out the provisions of this chapter including payments
to claimants for compensation as emergency workers and
their dependents; to adjust and dispose of all claims submitted by a local compensation board. When medical treatment
is necessary, the department is authorized to make medical
(2002 Ed.)
Emergency Management
and compensation payments on an interim basis. Nothing
herein shall be construed to mean that the department or the
state emergency management council or its officers or agents
shall have the final decision with respect to the compensability of any case or the amount of compensation or benefits
due, but any emergency worker or his or her dependents
shall have the same right of appeal from any order, decision,
or award to the same extent as provided in chapter 51.32
RCW. [1986 c 266 § 38; 1984 c 38 § 34; 1979 ex.s. c 268
§ 3; 1974 ex.s. c 171 § 35; 1971 ex.s. c 289 § 72; 1953 c
223 § 17.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective dates—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
38.52.340 Benefits under other compensation plans.
Nothing in this chapter shall deprive any emergency worker
or his or her dependents of any right to compensation for
injury or death sustained in the course of his or her regular
employment even though his or her regular work is under
direction of emergency management authorities: PROVIDED, That such worker, if he or she is eligible for some other
compensation plan, and receives the benefits of such plan
shall not also receive any compensation under this chapter.
The department shall adopt such rules and regulations as
may be necessary to protect the rights of such workers and
may enter into agreements with authorities in charge of other
compensation plans to insure protection of such workers:
PROVIDED, That if the compensation from some other plan
is less than would have been available under this chapter, he
or she shall be entitled to receive the deficiency between the
amount received under such other plan and the amount
available under this chapter. [1986 c 266 § 39; 1984 c 38
§ 35; 1974 ex.s. c 171 § 36; 1953 c 223 § 18.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.350 Benefits furnished under federal law—
Reduction of state benefits. Should the United States or
any agent thereof, in accordance with any federal statute or
rule or regulation, furnish monetary assistance, benefits, or
other temporary or permanent relief to emergency workers
or to their dependents for injuries arising out of and occurring in the course of their activities as emergency workers,
then the amount of compensation which any emergency
worker or his dependents are otherwise entitled to receive
from the state of Washington as provided herein, shall be
reduced by the amount of monetary assistance, benefits, or
other temporary or permanent relief the emergency worker
or his dependents have received and will receive from the
United States or any agent thereof as a result of his injury.
[1984 c 38 § 36; 1974 ex.s. c 171 § 37; 1953 c 223 § 19.]
38.52.360 Medical, surgical or hospital treatment.
If, in addition to monetary assistance, benefits or other
temporary or permanent relief, the United States or any
agent thereof furnishes medical, surgical or hospital
treatment or any combination thereof to an injured emergency worker, then the emergency worker has no right to
receive similar medical, surgical or hospital treatment as
provided in this chapter. However, the department may
furnish medical, surgical or hospital treatment as part of the
(2002 Ed.)
38.52.330
compensation provided under the provisions of this chapter.
[1986 c 266 § 40; 1984 c 38 § 37; 1974 ex.s. c 171 § 38;
1953 c 223 § 20.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.370 Medical, surgical or hospital treatment—
Reimbursement. If, in addition to monetary assistance,
benefits, or other temporary or permanent relief, the United
States or any agent thereof, will reimburse an emergency
worker or his or her dependents for medical, surgical or
hospital treatment, or any combination thereof, furnished to
the injured emergency worker, the emergency worker has no
right to receive similar medical, surgical or hospital treatment as provided in this chapter, but the department, may
furnish a medical, surgical or hospital treatment as part of
the compensation provided under the provisions of this
chapter and apply to the United States or its agent for the
reimbursement which will be made to the emergency worker
or his or her dependents. As a condition to the furnishing of
such medical, surgical or hospital treatment, the department
shall require the emergency worker and his dependents to
assign to the state of Washington, for the purpose of
reimbursing for any medical, surgical or hospital treatment
furnished or to be furnished by the state, any claim or right
such emergency worker or his or her dependents may have
to reimbursement from the United States or any agent
thereof. [1986 c 266 § 41; 1984 c 38 § 38; 1974 ex.s. c 171
§ 39; 1953 c 223 § 21.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.380 State compensation denied if payment
prevents federal benefits. If the furnishing of compensation under the provisions of this chapter to an emergency
worker or his dependents prevents such emergency worker
or his dependents from receiving assistance, benefits or other
temporary or permanent relief under the provisions of a
federal statute or rule or regulation, then the emergency
worker and his dependents shall have no right to, and shall
not receive, any compensation from the state of Washington
under the provisions of this chapter for any injury for which
the United States or any agent thereof will furnish assistance,
benefits or other temporary or permanent relief in the
absence of the furnishing of compensation by the state of
Washington. [1984 c 38 § 39; 1974 ex.s. c 171 § 40; 1953
c 223 § 22.]
38.52.390 Contracts or work on cost basis for
emergency management activities. The governor, or upon
his or her direction, the director, or any political subdivision
of the state, is authorized to contract with any person, firm,
corporation, or entity to provide construction or work on a
cost basis to be used in emergency management functions or
activities as defined in RCW 38.52.010(1) or as hereafter
amended, said functions or activities to expressly include
natural disasters, as well as all other emergencies of a type
contemplated by RCW 38.52.110, 38.52.180, 38.52.195,
38.52.205, 38.52.207, 38.52.220 and 38.52.390. All funds
received for purposes of RCW 38.52.110, 38.52.180,
38.52.195, 38.52.205, 38.52.207, 38.52.220 and 38.52.390,
whether appropriated funds, local funds, or from whatever
source, may be used to pay for the construction, equipment,
[Title 38 RCW—page 53]
38.52.390
Title 38 RCW: Militia and Military Affairs
or work contracted for under this section. [1986 c 266 § 42;
1984 c 38 § 40; 1971 ex.s. c 8 § 6.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.400 Search and rescue activities—Powers and
duties of local officials. (1) The chief law enforcement
officer of each political subdivision shall be responsible for
local search and rescue activities. Operation of search and
rescue activities shall be in accordance with state and local
operations plans adopted by the elected governing body of
each local political subdivision. These state and local plans
must specify the use of the incident command system for
multiagency/multijurisdiction search and rescue operations.
The local emergency management director shall notify the
department of all search and rescue missions. The local
director of emergency management shall work in a coordinating capacity directly supporting all search and rescue
activities in that political subdivision and in registering
emergency search and rescue workers for employee status.
The chief law enforcement officer of each political subdivision may restrict access to a specific search and rescue area
to personnel authorized by him. Access shall be restricted
only for the period of time necessary to accomplish the
search and rescue mission. No unauthorized person shall
interfere with a search and rescue mission.
(2) When search and rescue activities result in the
discovery of a deceased person or search and rescue workers
assist in the recovery of human remains, the chief law
enforcement officer of the political subdivision shall insure
compliance with chapter 68.50 RCW. [1997 c 49 § 5; 1986
c 266 § 43; 1984 c 38 § 41; 1979 ex.s. c 268 § 4.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.410 Search and rescue activities—Distribution
of funds for compensation and reimbursement of volunteers. Funds received by the department specifically for the
purposes of compensating search and rescue volunteers shall
be distributed by the director to help fund medical and
compensation coverage provided by this chapter and provide
reimbursement by the state for: (1) Costs involved in extraordinary search and rescue operations such as search and
rescue operations lasting over twenty-four hours where food
and lodging for workers is necessary; (2) excessive transportation and rescue costs incurred by out-of-county residents
which would not be otherwise collectible; and (3) compensation as provided in RCW 38.52.020(1)(d) as now or hereafter
amended. [1986 c 266 § 44; 1984 c 38 § 42; 1979 ex.s. c
268 § 5.]
Severability—1986 c 266: See note following RCW 38.52.005.
38.52.420 Model contingency plan for pollution
control facilities and hazardous waste management. (1)
The department, in consultation with appropriate federal
agencies, the departments of natural resources, fish and
wildlife, and ecology, representatives of local government,
and any other person the director may deem appropriate,
shall assist in the development of a model contingency plan,
consistent with other plans required for hazardous materials
by federal and state law, to serve as a draft plan for local
governments which may be incorporated into the state and
local emergency management plans.
[Title 38 RCW—page 54]
(2) The model contingency plan shall:
(a) Include specific recommendations for pollution
control facilities which are deemed to be most appropriate
for the control, collection, storage, treatment, disposal, and
recycling of oil and other spilled material and furthering the
prevention and mitigation of such pollution;
(b) Include recommendations for the training of local
personnel consistent with other training proposed, funded, or
required by federal or state laws for hazardous materials;
(c) Suggest cooperative training exercises between the
public and private sector consistent with other training
proposed, funded, or required by federal or state laws for
hazardous materials;
(d) Identify federal and state laws requiring contingency
or management plans applicable or related to prevention of
pollution, emergency response capabilities, and hazardous
waste management, together with a list of funding sources
that local governments may use in development of their
specific plans;
(e) Promote formal agreements between the department
and local entities for effective spill response; and
(f) Develop policies and procedures for the augmentation of emergency services and agency spill response
personnel through the use of volunteers: PROVIDED, That
no contingency plan may require the use of volunteers by a
responding responsible party without that party’s consent.
[1997 c 49 § 6; 1995 c 391 § 4; 1994 c 264 § 11; 1988 c 36
§ 11; 1987 c 479 § 3.]
Effective date—1995 c 391: See note following RCW 38.52.005.
38.52.430 Emergency response caused by person’s
intoxication—Recovery of costs from convicted person.
A person whose intoxication causes an incident resulting in
an appropriate emergency response, and who, in connection
with the incident, has been found guilty of or has had their
prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (2)
operating an aircraft under the influence of intoxicants or
drugs, RCW 47.68.220; (3) use of a vessel while under the
influence of alcohol or drugs, *RCW 88.12.100; (4) vehicular homicide while under the influence of intoxicating liquor
or any drug, RCW 46.61.520(1)(a); or (5) vehicular assault
while under the influence of intoxicating liquor or any drug,
RCW 46.61.522(1)(b), is liable for the expense of an
emergency response by a public agency to the incident.
The expense of an emergency response is a charge
against the person liable for expenses under this section.
The charge constitutes a debt of that person and is collectible
by the public agency incurring those costs in the same
manner as in the case of an obligation under a contract,
expressed or implied.
In no event shall a person’s liability under this section
for the expense of an emergency response exceed one
thousand dollars for a particular incident.
If more than one public agency makes a claim for
payment from an individual for an emergency response to a
single incident under the provisions of this section, and the
sum of the claims exceeds the amount recovered, the
division of the amount recovered shall be determined by an
interlocal agreement consistent with the requirements of
chapter 39.34 RCW. [1993 c 251 § 2.]
(2002 Ed.)
Emergency Management
*Reviser’s note: RCW 88.12.100 was recodified as RCW 88.12.025
pursuant to 1993 c 244 § 45. RCW 88.12.025 was subsequently recodified
as RCW 79A.60.040 pursuant to 1999 c 249 § 1601.
Finding—Intent—1993 c 251: "The legislature finds that a public
agency incurs expenses in an emergency response. It is the intent of the
legislature to allow a public agency to recover the expenses of an emergency response to an incident involving persons who operate a motor vehicle,
boat or vessel, or a civil aircraft while under the influence of an alcoholic
beverage or a drug, or the combined influence of an alcoholic beverage and
a drug. It is the intent of the legislature that the recovery of expenses of an
emergency response under this act shall supplement and shall not supplant
other provisions of law relating to the recovery of those expenses." [1993
c 251 § 1.]
38.52.500 Statewide enhanced 911 service—Finding.
The legislature finds that a statewide emergency communications network of enhanced 911 telephone service, which
allows an immediate display of a caller’s identification and
location, would serve to further the safety, health, and
welfare of the state’s citizens, and would save lives. The
legislature, after reviewing the study outlined in section 1,
chapter 260, Laws of 1990, further finds that statewide
implementation of enhanced 911 telephone service is feasible
and should be accomplished as soon as practicable. [1991
c 54 § 1.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.501 Statewide enhanced 911 service—
Findings. (Effective January 1, 2003.) The legislature
finds that statewide enhanced 911 has proven to be a
lifesaving service and that routing a 911 call to the appropriate public safety answering point with a display of the
caller’s identification and location should be available for all
users of telecommunications services, regardless of the
technology used to make and transmit the 911 call. The
legislature also finds that it is in the best public interest to
ensure that there is adequate ongoing funding to support
enhanced 911 service. [2002 c 341 § 1.]
Severability—2002 c 341: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 341 § 14.]
Effective date—2002 c 341: "This act takes effect January 1, 2003."
[2002 c 341 § 15.]
38.52.505 Statewide enhanced 911 service—
Automatic location identification—Rules. The adjutant
general shall establish rules on minimum information
requirements of automatic location identification for the
purposes of enhanced 911 emergency service. Such rules
shall permit the chief of a local fire department or a chief
fire protection officer or such other person as may be
designated by the governing body of a city or county to take
into consideration local circumstances when approving the
accuracy of location information generated when calls are
made to 911 from facilities within his or her service area.
[1999 c 24 § 2.]
Findings—1999 c 24: "The legislature finds that the citizens of the
state increasingly rely on the dependability of enhanced 911, a system that
allows the person answering an emergency call to determine the location of
the emergency immediately without the caller needing to speak. The
legislature further finds that the degree of accuracy of the displayed
information must be adequate to permit rapid location of the caller while
taking into consideration variables specific to local conditions. The
(2002 Ed.)
38.52.430
legislature further finds that it is appropriate that rules permitting local fire
agencies to evaluate and approve the accuracy of location information
relating to their service areas be adopted." [1999 c 24 § 1.]
38.52.510 Statewide enhanced 911 service—Funding
by counties. By December 31, 1998, each county, singly or
in combination with adjacent counties, shall implement
district-wide, county-wide, or multicounty-wide enhanced
911 emergency communications systems so that enhanced
911 is available throughout the state. The county shall
provide funding for the enhanced 911 communication system
in the county or district in an amount equal to the amount
the maximum tax under RCW 82.14B.030(1) would generate
in the county or district or the amount necessary to provide
full funding of the system in the county or district, whichever is less. The state enhanced 911 coordination office
established by RCW 38.52.520 shall assist and facilitate
enhanced 911 implementation throughout the state. [1991 c
54 § 3.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.520 State enhanced 911 coordination office.
A state enhanced 911 coordination office, headed by the
state enhanced 911 coordinator, is established in the emergency management division of the department. Duties of the
office shall include:
(1) Coordinating and facilitating the implementation and
operation of enhanced 911 emergency communications
systems throughout the state;
(2) Seeking advice and assistance from, and providing
staff support for, the enhanced 911 advisory committee; and
(3) Recommending to the utilities and transportation
commission by August 31st of each year the level of the
state enhanced 911 excise tax for the following year. [1991
c 54 § 4.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.525 State enhanced 911 coordination office—
Public education materials. The state enhanced 911
coordination office may develop and implement public
education materials regarding the capability of specific
equipment used as part of a private telecommunications
system or in the provision of private shared telecommunications services to forward automatic location identification
and automatic number identification. [1995 c 243 § 9.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
38.52.530 Enhanced 911 advisory committee.
(Effective until January 1, 2003.) The enhanced 911
advisory committee is created to advise and assist the state
enhanced 911 coordinator in coordinating and facilitating the
implementation and operation of enhanced 911 throughout
the state. The director shall appoint members of the committee who represent diverse geographical areas of the state
and include state residents who are members of the national
emergency number association, the associated public communications officers Washington chapter, the Washington
state fire chiefs association, the Washington association of
sheriffs and police chiefs, the Washington state council of
[Title 38 RCW—page 55]
38.52.530
Title 38 RCW: Militia and Military Affairs
fire fighters, the Washington state council of police officers,
the Washington ambulance association, the state fire protection policy board, the Washington fire commissioners
association, the Washington state patrol, the association of
Washington cities, the Washington state association of
counties, the utilities and transportation commission or
commission staff, and representatives of large and small
local exchange telephone companies. This section expires
December 31, 2006. [2000 c 34 § 1; 1997 c 49 § 7; 1991
c 54 § 5.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.530 Enhanced 911 advisory committee.
(Effective January 1, 2003, until December 31, 2006.) The
enhanced 911 advisory committee is created to advise and
assist the state enhanced 911 coordinator in coordinating and
facilitating the implementation and operation of enhanced
911 throughout the state. The director shall appoint members of the committee who represent diverse geographical
areas of the state and include state residents who are
members of the national emergency number association, the
associated public communications officers Washington
chapter, the Washington state fire chiefs association, the
Washington association of sheriffs and police chiefs, the
Washington state council of fire fighters, the Washington
state council of police officers, the Washington ambulance
association, the state fire protection policy board, the
Washington fire commissioners association, the Washington
state patrol, the association of Washington cities, the
Washington state association of counties, the utilities and
transportation commission or commission staff, and an equal
number of representatives of large and small local exchange
telephone companies and large and small radio communications service companies offering commercial mobile radio
service in the state. This section expires December 31,
2006. [2002 c 341 § 3; 2000 c 34 § 1; 1997 c 49 § 7; 1991
c 54 § 5.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.535 State enhanced 911 coordination office
and advisory committee—Uniform national standards.
The state enhanced 911 coordination office and the enhanced
911 advisory committee may participate in efforts to set uniform national standards for automatic number identification
and automatic location identification data transmission for
private telecommunications systems and private shared
telecommunications services. [1998 c 245 § 32; 1995 c 243
§ 10.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
38.52.540 Enhanced 911 account. (Effective until
January 1, 2003.) The enhanced 911 account is created in
the state treasury. All receipts from the state enhanced 911
excise tax imposed by RCW 82.14B.030 shall be deposited
into the account. Moneys in the account shall be used only
to support the statewide coordination and management of the
[Title 38 RCW—page 56]
enhanced 911 system and to help supplement, within available funds, the operational costs of the system. Funds shall
not be distributed to any county that has not imposed the
maximum county enhanced 911 taxes allowed under RCW
82.14B.030 (1) and (2). The state enhanced 911 coordinator,
with the advice and assistance of the enhanced 911 advisory
committee, is authorized to enter into statewide agreements
to improve the efficiency of enhanced 911 services for all
counties and shall specify by rule the additional purposes for
which moneys, if available, may be expended from this
account. During the 2001-2003 fiscal biennium, the legislature may transfer from the enhanced 911 account to the state
general fund such amounts as reflect the excess fund balance
of the account. [2002 c 371 § 905; 2001 c 128 § 2; 1998 c
304 § 14; 1994 c 96 § 7; 1991 c 54 § 6.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Findings—2001 c 128: "The legislature finds that the statewide
emergency communications network of enhanced 911 telephone service,
which allows an immediate display of a caller’s identification and location,
has served to further the safety, health, and welfare of the state’s citizens,
and has saved lives.
The legislature further finds that statewide operation and management
of the enhanced 911 system will create efficiencies of operation and permit
greater local control of county 911 operations, and further that some
counties will continue to need assistance from the state to maintain
minimum enhanced 911 service levels." [2001 c 128 § 1.]
Effective date—2001 c 128: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 128 § 4.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.540 Enhanced 911 account. (Effective January 1, 2003.) (1) The enhanced 911 account is created in
the state treasury. All receipts from the state enhanced 911
excise taxes imposed by RCW 82.14B.030 shall be deposited
into the account. Moneys in the account shall be used only
to support the statewide coordination and management of the
enhanced 911 system, for the implementation of wireless
enhanced 911 statewide, and to help supplement, within
available funds, the operational costs of the system, including adequate funding of counties to enable implementation
of wireless enhanced 911 service and reimbursement of radio
communications service companies for costs incurred in
providing wireless enhanced 911 service pursuant to negotiated contracts between the counties or their agents and the
radio communications service companies.
(2) Funds generated by the enhanced 911 excise tax
imposed by RCW 82.14B.030(3) shall not be distributed to
any county that has not imposed the maximum county
enhanced 911 tax allowed under RCW 82.14B.030(1).
Funds generated by the enhanced 911 excise tax imposed by
RCW 82.14B.030(4) shall not be distributed to any county
that has not imposed the maximum county enhanced 911 tax
allowed under RCW 82.14B.030(2).
(3) The state enhanced 911 coordinator, with the advice
and assistance of the enhanced 911 advisory committee, is
authorized to enter into statewide agreements to improve the
(2002 Ed.)
Emergency Management
efficiency of enhanced 911 services for all counties and shall
specify by rule the additional purposes for which moneys, if
available, may be expended from this account.
(4) During the 2001-2003 fiscal biennium, the legislature may transfer from the enhanced 911 account to the state
general fund such amounts as reflect the excess fund balance
of the account. [2002 c 371 § 905; 2002 c 341 § 4; 2001 c
128 § 2; 1998 c 304 § 14; 1994 c 96 § 7; 1991 c 54 § 6.]
Reviser’s note: This section was amended by 2002 c 341 § 4 and by
2002 c 371 § 905, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Findings—2001 c 128: "The legislature finds that the statewide
emergency communications network of enhanced 911 telephone service,
which allows an immediate display of a caller’s identification and location,
has served to further the safety, health, and welfare of the state’s citizens,
and has saved lives.
The legislature further finds that statewide operation and management
of the enhanced 911 system will create efficiencies of operation and permit
greater local control of county 911 operations, and further that some
counties will continue to need assistance from the state to maintain
minimum enhanced 911 service levels." [2001 c 128 § 1.]
Effective date—2001 c 128: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 128 § 4.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
38.52.545 Priorities for enhanced 911 funding. In
specifying rules defining the purposes for which available
moneys may be expended, the state enhanced 911 coordinator, with the advice and assistance of the enhanced 911
advisory committee, shall consider base needs of individual
counties for specific assistance. Priorities for available
enhanced 911 funding are as follows: (1) To assure that 911
dialing is operational statewide; (2) to assist counties as
necessary to assure that they can achieve a basic service
level for 911 operations; and (3) to assist counties as
practicable to acquire items of a capital nature appropriate to
increasing 911 effectiveness. [2001 c 128 § 3.]
Findings—Effective date—2001 c 128: See notes following RCW
38.52.540.
38.52.550 Emergency communications systems and
information—Immunity from civil liability. (Effective
until January 1, 2003.) A telecommunications company
providing emergency communications systems or services or
a business or individual providing data base information to
emergency communication system personnel shall not be
liable for civil damages caused by an act or omission of the
company, business, or individual in the:
(1) Good faith release of information not in the public
record, including unpublished or unlisted subscriber information to emergency service providers responding to calls
placed to a 911 or enhanced 911 emergency service; or
(2002 Ed.)
38.52.540
(2) Design, development, installation, maintenance, or
provision of consolidated 911 or enhanced 911 emergency
communication systems or services other than an act or
omission constituting gross negligence or wanton or willful
misconduct. [1991 c 329 § 7.]
38.52.550 Emergency communications systems and
information—Immunity from civil liability. (Effective
January 1, 2003.) A telecommunications company, or radio
communications service company, providing emergency
communications systems or services or a business or
individual providing data base information to emergency
communication system personnel shall not be liable for civil
damages caused by an act or omission of the company,
business, or individual in the:
(1) Good faith release of information not in the public
record, including unpublished or unlisted subscriber information to emergency service providers responding to calls
placed to a 911 or enhanced 911 emergency service; or
(2) Design, development, installation, maintenance, or
provision of consolidated 911 or enhanced 911 emergency
communication systems or services other than an act or
omission constituting gross negligence or wanton or willful
misconduct. [2002 c 341 § 5; 1991 c 329 § 7.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
38.52.560 Automatic number identification—
Wireless two-way telecommunications service. (Effective
until January 1, 2003.) Any person as defined in RCW
82.04.030 owning, operating, or managing any facilities used
to provide wireless two-way telecommunications services for
hire, sale, or resale which allow access to 911 emergency
services shall provide a system of automatic number identification which allows the 911 operator to automatically
identify the number of the caller. [1994 c 96 § 5.]
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
38.52.561 911 calls from radio communications
service companies—Technical and operational standards.
(Effective January 1, 2003.) The state enhanced 911
coordinator, with the advice and assistance of the enhanced
911 advisory committee, shall set nondiscriminatory, uniform
technical and operational standards consistent with the rules
of the federal communications commission for the transmission of 911 calls from radio communications service companies to enhanced 911 emergency communications systems.
These standards must not exceed the requirements set by the
federal communications commission. The authority given to
the state enhanced 911 coordinator in this section is limited
to setting standards as set forth in this section and does not
constitute authority to regulate radio communications service
companies. [2002 c 341 § 6.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
38.52.900 Short title. This chapter may be cited as
the Washington Emergency Management Act. [1984 c 38 §
43; 1974 ex.s. c 171 § 41; 1951 c 178 § 1.]
[Title 38 RCW—page 57]
38.52.920
Title 38 RCW: Militia and Military Affairs
38.52.920 Repeal and saving. Chapter 177, Laws of
1941, chapters 6 and 24, Laws of 1943, and chapter 88,
Laws of 1949 are repealed: PROVIDED, That this section
shall not affect the validity of any order, rule, regulation,
contract, or agreement made or promulgated under authority
of the repealed acts, which orders, rules, regulations,
contracts, or agreements shall remain in force until they may
be repealed, amended, or superseded by orders, rules, regulations, contracts, or agreements made or promulgated under
this chapter: PROVIDED FURTHER, That this section shall
not affect the tenure of any officer, employee, or person
serving under authority of any repealed act and such officer,
employee, or person shall continue in his position until such
time as a successor is appointed or employed under the
provisions of this chapter. [1951 c 178 § 17.]
38.52.930 Transfer of powers, duties, and functions
to state military department. All powers, duties, and
functions of the department of community, trade, and
economic development pertaining to emergency management
are transferred to the state military department. All references to the director or the department of community development or the department of community, trade, and economic
development in the Revised Code of Washington shall be
construed to mean the adjutant general or the state military
department when referring to the functions transferred in this
section. [1995 c 391 § 10.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Chapter 38.54
STATE FIRE SERVICES MOBILIZATION
Sections
38.54.010
38.54.020
38.54.030
38.54.040
38.54.050
38.54.900
Definitions.
Legislative declaration and intent.
State fire protection policy board—State fire services mobilization plan—State fire resources coordinator.
Regional fire defense boards—Regional fire service plans—
Regions established.
Development of reimbursement procedures.
Findings—1992 c 117.
38.54.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the military department.
(2) "The adjutant general" means the adjutant general of
the military department.
(3) "State fire marshal" means the director of fire
protection in the Washington state patrol.
(4) "Fire chief" includes the chief officer of a statutorily
authorized fire agency, or the fire chief’s authorized representative. Also included are the department of natural
resources fire control chief, and the department of natural
resources regional managers.
(5) "Jurisdiction" means state, county, city, fire district,
or port district fire fighting units, or other units covered by
this chapter.
(6) "Mobilization" means that fire fighting resources
beyond those available through existing agreements will be
requested and, when available, sent in response to an
emergency or disaster situation that has exceeded the
[Title 38 RCW—page 58]
capabilities of available local resources. During a large scale
emergency, mobilization includes the redistribution of
regional or statewide fire fighting resources to either direct
emergency incident assignments or to assignment in communities where fire fighting resources are needed.
When mobilization is declared and authorized as
provided in this chapter, all fire fighting resources including
those of the host fire protection authorities, i.e. incident
jurisdiction, shall be deemed as mobilized under this chapter,
including those that responded earlier under existing mutual
aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a
mobilization declaration shall be eligible for expense
reimbursement as provided by this chapter from the time of
the mobilization declaration.
This chapter shall not reduce or suspend the authority or
responsibility of the department of natural resources under
chapter 76.04 RCW.
(7) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement
between jurisdictions under chapter 39.34 RCW. [1997 c 49
§ 8. Prior: 1995 c 391 § 5; 1995 c 369 § 10; 1992 c 117
§ 9.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Effective date—1995 c 369: See note following RCW 43.43.930.
38.54.020 Legislative declaration and intent.
Because of the possibility of the occurrence of disastrous
fires or other disasters of unprecedented size and destructiveness, the need to insure that the state is adequately
prepared to respond to such a fire or disaster, the need to
establish a mechanism and a procedure to provide for
reimbursement to fire fighting agencies that respond to help
others in time of need or to a host fire district that experiences expenses beyond the resources of the fire district, and
generally to protect the public peace, health, safety, lives,
and property of the people of Washington, it is hereby
declared necessary to:
(1) Provide the policy and organizational structure for
large scale mobilization of fire fighting resources in the state
through creation of the Washington state fire services
mobilization plan;
(2) Confer upon the adjutant general the powers
provided herein;
(3) Provide a means for reimbursement to fire jurisdictions that incur expenses when mobilized by the adjutant
general under the Washington state fire services mobilization
plan; and
(4) Provide for reimbursement of the host fire department or fire protection district when it has: (a) Exhausted
all of its resources; and (b) invoked its local mutual aid
network and exhausted those resources. Upon implementation of state fire mobilization, the host district resources shall
become state fire mobilization resources consistent with the
fire mobilization plan.
It is the intent of the legislature that mutual aid and
other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace,
safety, health, and welfare, and for the protection of the lives
and property of the people of the state of Washington. If
possible, mutual aid agreements should be without stated
(2002 Ed.)
State Fire Services Mobilization
limitations as to resources available, time, or area. Nothing
in this chapter shall be construed or interpreted to limit the
eligibility of any nonhost fire protection authority for
reimbursement of expenses incurred in providing fire
fighting resources for mobilization. [1997 c 49 § 9; 1995 c
391 § 6; 1992 c 117 § 10.]
Effective date—1995 c 391: See note following RCW 38.52.005.
38.54.030 State fire protection policy board—State
fire services mobilization plan—State fire resources
coordinator. The state fire protection policy board shall
review and make recommendations to the adjutant general on
the refinement and maintenance of the Washington state fire
services mobilization plan, which shall include the procedures to be used during fire and other emergencies for
coordinating local, regional, and state fire jurisdiction
resources. In carrying out this duty, the fire protection
policy board shall consult with and solicit recommendations
from representatives of state and local fire and emergency
management organizations, regional fire defense boards, and
the department of natural resources. The Washington state
fire services mobilization plan shall be consistent with, and
made part of, the Washington state comprehensive emergency management plan. The adjutant general shall review the
fire services mobilization plan as submitted by the fire
protection policy board, recommend changes that may be
necessary, and approve the fire services mobilization plan for
inclusion within the state comprehensive emergency management plan.
It is the responsibility of the adjutant general to mobilize jurisdictions under the Washington state fire services
mobilization plan. The state fire marshal shall serve as the
state fire resources coordinator when the Washington state
fire services mobilization plan is mobilized. [1997 c 49 §
10; 1995 c 269 § 1101; 1992 c 117 § 11.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
38.54.040 Regional fire defense boards—Regional
fire service plans—Regions established. Regions within
the state are initially established as follows but may be
adjusted as necessary by the state fire marshal:
(1) Northwest region - Whatcom, Skagit, Snohomish,
San Juan, and Island counties;
(2) Northeast region - Okanogan, Ferry, Stevens, Pend
Oreille, Spokane, and Lincoln counties;
(3) Olympic region - Clallam and Jefferson counties;
(4) South Puget Sound region - Kitsap, Mason, King,
and Pierce counties;
(5) Southeast region - Chelan, Douglas, Kittitas, Grant,
Adams, Whitman, Yakima, Klickitat, Benton, Franklin,
Walla Walla, Columbia, Garfield, and Asotin counties;
(6) Central region - Grays Harbor, Thurston, Pacific,
and Lewis counties; and
(7) Southwest region - Wahkiakum, Cowlitz, Clark, and
Skamania counties.
Within each of these regions there is created a regional
fire defense board. The regional fire defense boards shall
consist of two members from each county in the region.
One member from each county shall be appointed by the
(2002 Ed.)
38.54.020
county fire chiefs’ association or, in the event there is no
such county association, by the county’s legislative authority.
Each county’s office of emergency management or, in the
event there is no such office, the county’s legislative
authority shall select the second representative to the
regional board. The department of natural resources fire
control chief shall appoint a representative from each
department of natural resources region to serve as a member
of the appropriate regional fire defense board. Members of
each regional board will select a chairperson and secretary
as officers. Members serving on the regional boards do so
in a voluntary capacity and are not eligible for reimbursement for meeting-related expenses from the state.
Regional defense boards shall develop regional fire
service plans that include provisions for organized fire
agencies to respond across municipal, county, or regional
boundaries. Each regional plan shall be consistent with the
incident command system, the Washington state fire services
mobilization plan, and regional response plans already
adopted and in use in the state. The regional boards shall
work with the relevant local government entities to facilitate
development of intergovernmental agreements if any such
agreements are required to implement a regional fire service
plan. Each regional plan shall be approved by the fire
protection policy board before implementation. [1997 c 49
§ 11; 1992 c 117 § 12.]
38.54.050 Development of reimbursement procedures. The department in consultation with the office of
financial management shall develop procedures to facilitate
reimbursement to jurisdictions from appropriate federal and
state funds when jurisdictions are mobilized by the adjutant
general under the Washington state fire services mobilization
plan. The department shall ensure that these procedures
provide reimbursement to the host district in as timely a
manner as possible. [1997 c 49 § 12; 1995 c 391 § 7; 1992
c 117 § 13.]
Effective date—1995 c 391: See note following RCW 38.52.005.
38.54.900 Findings—1992 c 117. See note following
RCW 35.21.775.
[Title 38 RCW—page 59]
Title 39
PUBLIC CONTRACTS AND INDEBTEDNESS
Chapters
39.04 Public works.
39.06 Public works—Registration, licensing, of contractors.
39.08 Contractor’s bond.
39.10 Alternative public works contracting procedures.
39.12 Prevailing wages on public works.
39.19 Office of minority and women’s business enterprises.
39.23 Purchase of products and services of sheltered
workshops, DSHS programs.
39.24 Public purchase preferences.
39.28 Emergency public works.
39.29 Personal service contracts.
39.30 Contracts—Indebtedness limitations—
Competitive bidding violations.
39.32 Purchase of federal property.
39.33 Intergovernmental disposition of property.
39.34 Interlocal cooperation act.
39.35 Energy conservation in design of public facilities.
39.35A Performance-based contracts for energy equipment.
39.35B Life-cycle cost analysis of public facilities.
39.35C Energy conservation projects.
39.36 Limitation of indebtedness of taxing districts.
39.40 Vote required at bond elections.
39.42 State bonds, notes, and other evidences of
indebtedness.
39.44 Bonds—Miscellaneous provisions, bond information reporting.
39.46 Bonds—Other miscellaneous provisions—
Registration.
39.48 Bonds sold to government at private sale.
39.50 Short-term obligations—Municipal corporations.
39.52 Funding indebtedness in counties, cities and
towns.
39.53 Refunding bond act.
39.56 Warrants.
39.58 Public funds—Deposits and investments—
Public depositaries.
39.59 Public funds—Authorized investments.
39.60 Investment of public funds in bonds, notes,
etc.—Collateral.
39.62 Uniform facsimile signature of public officials
act.
39.64 Taxing district relief.
39.67 Agreements between taxing districts.
39.69 Public loans to municipal corporations.
39.72 Lost or destroyed evidence of indebtedness.
39.76 Interest on unpaid public contracts.
(2002 Ed.)
39.80
39.84
39.86
39.88
39.89
39.90
39.92
39.94
39.96
39.98
Contracts for architectural and engineering
services.
Industrial development revenue bonds.
Private activity bond allocation.
Community redevelopment financing act.
Community revitalization financing.
Validation of bonds and financing proceedings.
Local transportation act.
Financing contracts.
Payment agreements.
School district credit enhancement program.
Cities and towns—Leases—Ballot proposition—Rental or option payment in
excess of debt limit—Election: RCW 35.42.200 through 35.42.220.
Colleges and university, contracts by student associations: RCW
28B.10.640.
Community renewal: Chapter 35.81 RCW.
Conditional sales contracts by school districts for acquisition of property
or property rights: RCW 28A.335.200.
Contracts by cemetery districts for public facilities, services, and purchasing: RCW 68.52.192 and 68.52.193.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
County owned real property—Exchange for privately owned real property
of equal value: RCW 36.34.330.
Credit card use by local governments: RCW 43.09.2855.
Credit of state and municipal corporations not to be loaned: State
Constitution Art. 8 §§ 5, 7.
Higher education facilities authority: Chapter 28B.07 RCW.
Highway and road improvement, validity of agreement to indemnify against
liability for negligence: RCW 4.24.115.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Municipal revenue bond act: Chapter 35.41 RCW.
Participation in world fairs by municipal corporations and political
subdivisions authorized: Chapter 35.60 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public officer requiring bond or insurance from particular insurer, agent
or broker, procuring bond or insurance, violations: RCW 48.30.270.
School district hot lunch program, federal surplus or donated food commodities: Chapter 28A.235 RCW.
State money to be disbursed only by appropriation: State Constitution Art.
8 § 4 (Amendment 11).
Subcontractors to be identified by bidder, when: RCW 39.30.060.
Chapter 39.04
PUBLIC WORKS
Sections
39.04.010
39.04.015
39.04.020
39.04.040
Definitions.
Adjustment to bid price—Conditions.
Plans and specifications—Estimates—Publication—
Emergencies.
Work to be executed according to plans—Supplemental
plans.
[Title 39 RCW—page 1]
Chapter 39.04
Title 39 RCW: Public Contracts and Indebtedness
39.04.050
39.04.060
39.04.070
39.04.080
39.04.100
39.04.110
39.04.120
Contents of original estimates.
Supplemental estimates.
Account and record of cost.
Certified copy to be filed—Engineers’ certificate.
Records open to public inspection—Certified copies.
Penalty for false entries.
Change orders due to environmental protection requirements—Costs—Dispute resolution.
39.04.130 Application of RCW 39.04.120.
39.04.133 State capital improvement or construction projects—Product
standards.
39.04.135 Demolition projects—Recycling or reuse of materials.
39.04.140 Contracts affected by increase in price of petroleum products—Termination—Continuation with contracting agency sharing increased costs—Conditions.
39.04.155 Small works roster contract procedures—Limited public
works process.
39.04.156 Small works roster manual—Notification to local governments.
39.04.160 Contracts subject to requirements established under office of
minority and women’s business enterprises.
39.04.170 Application of chapter to performance-based contracts for
energy equipment.
39.04.175 Application of chapter to certain agreements relating to
water pollution control, solid waste handling facilities.
39.04.180 Trench excavations—Safety systems required.
39.04.190 Purchase contract process—Other than formal sealed bidding.
39.04.200 Small works roster or purchase contracts—Listing of contracts awarded required.
39.04.210 Correctional facilities construction and repair—Findings.
39.04.220 Correctional facilities construction and repair—Use of general contractor/construction manager method for awarding
contracts—Demonstration projects.
39.04.230 Correctional facilities construction and repair—Alternative
contracting method to remain in force until contracts
completed.
39.04.240 Public works contracts—Awarding of attorneys’ fees.
39.04.250 Payments received on account of work performed by subcontractor—Disputed amounts—Remedies.
39.04.260 Private construction performed pursuant to contract for rental, lease, or purchase by state—Must comply with prevailing wage law.
39.04.270 Electronic data processing and telecommunications systems—Municipalities—Acquisition method—
Competitive negotiation—Findings, intent.
39.04.280 Competitive bidding requirements—Exemptions.
39.04.290 Contracts for building engineering systems.
39.04.900 Rights may not be waived—Construction—1992 c 223.
39.04.901 Application—1992 c 223.
Buildings, earthquake standards for construction: Chapter 70.86 RCW.
Counties, class A and first class, competitive bids: RCW 36.32.240 through
36.32.270.
County road equipment and materials: RCW 36.82.100 through 36.82.120.
County roads and bridges—Plans, approval, bids, etc.: Chapter 36.77
RCW.
Liens for labor, materials, taxes on public works: Chapter 60.28 RCW.
Port district contracts: Chapter 53.08 RCW.
Public buildings, provision to be made for aged and handicapped: Chapter
70.92 RCW.
Second class city or town, public contracts: RCW 35.23.352.
State highway construction and maintenance: Chapter 47.28 RCW.
Suppression of competitive bidding on public works, penalty: RCW
9.18.120 through 9.18.150.
Traffic control at work sites: RCW 47.36.200 through 47.36.230.
Workers’ compensation law applicable to contracts for public works: RCW
51.12.050, 51.12.070.
39.04.010 Definitions. The term state shall include
the state of Washington and all departments, supervisors,
commissioners and agencies thereof.
[Title 39 RCW—page 2]
The term municipality shall include every city, county,
town, district or other public agency thereof which is
authorized by law to require the execution of public work,
except drainage districts, diking districts, diking and drainage
improvement districts, drainage improvement districts, diking
improvement districts, consolidated diking and drainage
improvement districts, consolidated drainage improvement
districts, consolidated diking improvement districts, irrigation
districts or any such other districts as shall from time to time
be authorized by law for the reclamation or development of
waste or undeveloped lands.
The term public work shall include all work, construction, alteration, repair, or improvement other than ordinary
maintenance, executed at the cost of the state or of any
municipality, or which is by law a lien or charge on any
property therein. All public works, including maintenance
when performed by contract shall comply with the provisions
of RCW 39.12.020. The term does not include work,
construction, alteration, repair, or improvement performed
under contracts entered into under RCW 36.102.060(4) or
under development agreements entered into under RCW
36.102.060(7) or leases entered into under RCW
36.102.060(8).
The term contract shall mean a contract in writing for
the execution of public work for a fixed or determinable
amount duly awarded after advertisement and competitive
bid. However, a contract which is awarded from a small
works roster need not be advertised. [2000 c 138 § 102;
1997 c 220 § 402 (Referendum Bill No. 48, approved June
17, 1997); 1993 c 174 § 1; 1989 c 363 § 5; 1986 c 282 § 1;
1982 c 98 § 1; 1977 ex.s. c 177 § 1; 1923 c 183 § 1; RRS
§ 10322-1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Severability—1986 c 282: See RCW 82.18.900.
39.04.015 Adjustment to bid price—Conditions.
Notwithstanding the provisions of RCW 39.04.010, a state
contracting authority is authorized to negotiate an adjustment
to a bid price, based upon agreed changes to the contract
plans and specifications, with a low responsive bidder under
the following conditions:
(1) All bids for a state public works project involving
buildings and any associated building utilities and appendants
exceed the available funds, as certified by the appropriate
fiscal officer;
(2) The apparent low responsive bid does not exceed the
available funds by: (a) Five percent on projects valued
under one million dollars; (b) the greater of fifty thousand
dollars or two and one-half percent for projects valued
between one million dollars and five million dollars; or (c)
the greater of one hundred twenty-five thousand dollars or
one percent for projects valued over five million dollars; and
(3) The negotiated adjustment will bring the bid price
within the amount of available funds. [1989 c 59 § 1.]
(2002 Ed.)
Public Works
39.04.020 Plans and specifications—Estimates—
Publication—Emergencies. Whenever the state or any
municipality shall determine that any public work is necessary to be done, it shall cause plans, specifications, or both
thereof and an estimate of the cost of such work to be made
and filed in the office of the director, supervisor, commissioner, trustee, board, or agency having by law the authority
to require such work to be done. The plans, specifications,
and estimates of cost shall be approved by the director,
supervisor, commissioner, trustee, board, or agency and the
original draft or a certified copy filed in such office before
further action is taken.
If the state or such municipality shall determine that it
is necessary or advisable that such work shall be executed by
any means or method other than by contract or by a small
works roster process, and it shall appear by such estimate
that the probable cost of executing such work will exceed
the sum of twenty-five thousand dollars, then the state or
such municipality shall at least fifteen days before beginning
work cause such estimate, together with a description of the
work, to be published at least once in a legal newspaper of
general circulation published in or as near as possible to that
part of the county in which such work is to be done. When
any emergency shall require the immediate execution of such
public work, upon a finding of the existence of such emergency by the authority having power to direct such public
work to be done and duly entered of record, publication of
description and estimate may be made within seven days
after the commencement of the work. [1994 c 243 § 1;
1993 c 379 § 111; 1986 c 282 § 2; 1982 c 98 § 4; 1975 1st
ex.s. c 230 § 2; 1967 c 70 § 1; 1923 c 183 § 2; RRS §
10322-2. Formerly RCW 39.04.020 and 39.04.030.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Severability—1986 c 282: See RCW 82.18.900.
39.04.040 Work to be executed according to plans—
Supplemental plans. Whenever plans and specifications
shall have been filed the work to be done shall be executed
in accordance with such plans and specifications unless
supplemental plans and specifications of the alterations to be
made therein shall be made and filed in the office where the
original plans and specifications are filed.
In the event that the probable cost of executing such
work in accordance with the supplemental plans and specifications shall be increased or decreased from the estimated
cost as shown by the original estimate to an amount in
excess of ten percent of such estimate, then a supplemental
estimate shall be made of the increased or decreased cost of
executing the work in accordance with the supplemental
plans and specifications and filed in the office where the
original estimate is filed. [1923 c 183 § 3; RRS § 10322-3.]
39.04.050 Contents of original estimates. Original
estimates shall show in detail the estimated cost of the work;
the estimated quantities of each class of work; the estimated
unit cost for each class; the estimated total cost for each
class; the time limit, allowed for the completion of the work
and the estimated dates of commencement and completion.
[1986 c 282 § 3; 1923 c 183 § 4; RRS § 10322-4.]
Severability—1986 c 282: See RCW 82.18.900.
(2002 Ed.)
39.04.020
39.04.060 Supplemental estimates. Supplemental
estimates shall show the estimated increase or decrease in
the total quantities of each class, in the unit cost of each
class, in the total cost for each class and in the total cost of
the work as shown by the original estimate, together with
any change in the time limit and in the estimated dates of
commencing and completing the work. [1923 c 183 § 5;
RRS § 10322-5.]
39.04.070 Account and record of cost. Whenever
the state or any municipality shall execute any public work
by any means or method other than by contract or small
works roster, it shall cause to be kept and preserved a full,
true and accurate account and record of the costs of executing such work in accordance with the budgeting, accounting,
and reporting system provisions prescribed by law for the
state agency or municipality. [1986 c 282 § 4; 1923 c 183
§ 6; RRS § 10322-6.]
Severability—1986 c 282: See RCW 82.18.900.
State auditor to prescribe standard form for costs of public works: RCW
43.09.205.
39.04.080 Certified copy to be filed—Engineers’
certificate. A true copy of such account or record, duly
certified by the officer or officers having by law authority to
direct such work to be done, to be a full, true and accurate
account of the costs of executing such work shall be filed in
the office where the original plans and specifications are
filed within sixty days after the completion of the work.
The engineer or other officer having charge of the
execution of such work shall execute a certificate which
shall be attached to and filed with such certified copy,
certifying that such work was executed in accordance with
the plans and specifications on file and the times of commencement and completion of such work. If the work is not
in accordance with such plans and specifications he shall set
forth the manner and extent of the variance therefrom.
[1923 c 183 § 7; RRS § 10322-7.]
39.04.100 Records open to public inspection—
Certified copies. All plans, specifications, estimates, and
copies of accounts or records and all certificates attached
thereto shall, when filed, become public records and shall at
all reasonable times be subject to public inspection.
Certified copies of any estimate, account or record shall
be furnished by the officer having the custody thereof to any
person on demand and the payment of the legal fees for
making and certifying the same. [1923 c 183 § 9; RRS §
10322-9.]
39.04.110 Penalty for false entries. Any director,
supervisor, officer or employee of the state and any commissioner, trustee, supervisor, officer or employee of any
municipality who shall knowingly make any false entry in
any account or record required by this chapter or who shall
knowingly certify to any false statement in any certificate
required by this chapter, shall be guilty of a misdemeanor.
[1923 c 183 § 10; RRS § 10322-10.]
Falsifying accounts: RCW 42.20.070.
Misconduct of public officers: Chapter 42.20 RCW.
[Title 39 RCW—page 3]
39.04.120
Title 39 RCW: Public Contracts and Indebtedness
39.04.120 Change orders due to environmental
protection requirements—Costs—Dispute resolution. If
the successful bidder must undertake additional work for
public construction projects issued by the state of Washington, its authorities or agencies, or a political subdivision of
the state due to the enactment of new environmental protection requirements or the amendment of existing environmental protection statutes, ordinances, or rules occurring after the
submission of the successful bid, the awarding agency shall
issue a change order setting forth the additional work that
must be undertaken, which shall not invalidate the contract.
The cost of such a change order to the awarding agency
shall be determined in accordance with the provisions of the
contract for change orders or, if no such provision is set
forth in the contract, then the cost to the awarding agency
shall be the contractor’s costs for wages, labor costs other
than wages, wage taxes, materials, equipment rentals,
insurance, and subcontracts attributable to the additional
activity plus a reasonable sum for overhead and profit.
However, the additional costs to undertake work not specified in the contract documents shall not be approved unless
written authorization is given the successful bidder prior to
his undertaking such additional activity. In the event of a
dispute between the awarding agency and the contractor,
dispute resolution procedures may be commenced under the
applicable terms of the construction contract, or, if the
contract contains no such provision for dispute resolution,
the then obtaining rules of the American arbitration association. [1998 c 196 § 1; 1973 1st ex.s. c 62 § 1.]
Severability—1973 1st ex.s. c 62: "If any provision or part of this
1973 act shall be judged to be invalid or unconstitutional, such adjudication
shall not affect the validity of any provision or part of this 1973 act not
adjudged invalid or unconstitutional." [1973 1st ex.s. c 62 § 4.]
Delay due to litigation, change orders, costs, arbitration, termination:
RCW 60.28.080.
39.04.130 Application of RCW 39.04.120. RCW
39.04.120 shall take effect in ninety days but shall not apply
to any contract awarded pursuant to an invitation for bids
issued on or before the date it takes effect, or to any persons
or bonds in respect of any such contract. [1973 1st ex.s. c
62 § 2.]
Severability—1973 1st ex.s. c 62: See note following RCW
39.04.120.
39.04.133 State capital improvement or construction
projects—Product standards. (1) The state’s preferences
for the purchase and use of recycled content products shall
be included as a factor in the design and development of
state capital improvement projects.
(2) If a construction project receives state public
funding, the product standards, as provided in RCW
43.19A.020, shall apply to the materials used in the project,
whenever the administering agency and project owner
determine that such products would be cost-effective and are
readily available.
(3) This section does not apply to contracts entered into
by a municipality. [2002 c 299 § 2; 1996 c 198 § 5.]
39.04.135 Demolition projects—Recycling or reuse
of materials. Material from demolition projects shall be
recycled or reused whenever practicable. [1996 c 198 § 6.]
[Title 39 RCW—page 4]
39.04.140 Contracts affected by increase in price of
petroleum products—Termination—Continuation with
contracting agency sharing increased costs—Conditions.
(1) The legislature finds (a) that the increase in the price of
petroleum products resulting from the world wide shortage
of crude oil has created a condition which has rendered
performance by contractors of many public works contracts
economically impossible and (b) that provision should be
made to provide for the orderly termination of such contracts; the deletion of work affected by petroleum prices
without the necessity of litigation; or, alternatively at the
election of any contracting agency, the continuation of the
contract with the agency assuming a share of the increased
petroleum costs.
(2) Whenever the state or any municipality shall have
awarded any public works contract during the performance
of which (a) any legally enforceable private agreement or
contractual arrangement between either the contractor or a
first tier subcontractor and his suppliers of crude oil, residual
fuel oil, refined petroleum products, or asphalt required in
order to complete performance of the public works contract
are superseded, with resulting increased costs of performance
of the public works contract, by force majeure regulations,
rules, allocations, or rulings issued by any federal, state, or
other agency acting pursuant to any federal or state economic stabilization act, petroleum allocation act, or other
legislation authorizing the same; or (b) the cost of petroleum
products for which has increased by more than twenty
percent over the current market price thereof as the date of
contract award, then the contractor may elect to terminate
the contract in its entirety or to delete such portions of the
work from the contract, and the state or municipality shall
pay the contractor for all work performed prior to the date
of termination of the contract or deletion of such work. The
state or municipality shall also pay the contractor for all
acceptable materials ordered by the contractor and delivered
on the work site prior to the termination of the contract or
deletion of such work by the contractor. Such materials
shall be purchased from the contractor by the state or the
municipality at the actual cost of such material to the
contractor and shall thereupon become the property of the
state or municipality. No payment shall be made to the
contractor for overhead costs or anticipated profits as to
work not performed as a result of deletion of such work or
termination of the contract. Amounts retained and accumulated under RCW 60.28.010 shall be held for a period of
thirty days following the election of the contractor to terminate the contract in its entirety: PROVIDED, That if the
contractor elects to terminate or delete such portions of the
work and the state or such municipality finds that it is in the
public interest to complete performance on such public
works contract then the state or such municipality shall
require the contractor to complete performance of the public
works contract and the state or such municipality shall
modify the provisions of that public works contract to
increase the contract price so that the state or municipality
shall bear eighty percent of such increased costs over the
contractor’s estimated cost at the time of contract bid
opening and the contractor shall bear the balance thereof.
Upon request by the state or municipality the contractor shall
make his records available for audit by the state or municipality to verify such increased costs.
(2002 Ed.)
Public Works
(3) This section shall apply only to public works
contracts awarded prior to November 1, 1973, and only to
work under such contracts which has not been performed on
the date the contractor elects to terminate the contract or
delete such work from the contract. [1974 ex.s. c 194 § 1.]
Severability—1974 ex.s. c 194: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 194 § 2.]
39.04.155 Small works roster contract procedures—
Limited public works process. (1) This section provides
uniform small works roster provisions to award contracts for
construction, building, renovation, remodeling, alteration,
repair, or improvement of real property that may be used by
state agencies and by any local government that is expressly
authorized to use these provisions. These provisions may be
used in lieu of other procedures to award contracts for such
work with an estimated cost of two hundred thousand dollars
or less. The small works roster process includes the limited
public works process authorized under subsection (3) of this
section and any local government authorized to award
contracts using the small works roster process under this
section may award contracts using the limited public works
process under subsection (3) of this section.
(2)(a) A state agency or authorized local government
may create a single general small works roster, or may
create a small works roster for different specialties or
categories of anticipated work. Where applicable, small
works rosters may make distinctions between contractors
based upon different geographic areas served by the contractor. The small works roster or rosters shall consist of all
responsible contractors who have requested to be on the list,
and where required by law are properly licensed or registered to perform such work in this state. A state agency or
local government establishing a small works roster or rosters
may require eligible contractors desiring to be placed on a
roster or rosters to keep current records of any applicable
licenses, certifications, registrations, bonding, insurance, or
other appropriate matters on file with the state agency or
local government as a condition of being placed on a roster
or rosters. At least once a year, the state agency or local
government shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the
roster or rosters and solicit the names of contractors for such
roster or rosters. In addition, responsible contractors shall be
added to an appropriate roster or rosters at any time they
submit a written request and necessary records. Master contracts may be required to be signed that become effective
when a specific award is made using a small works roster.
(b) A state agency establishing a small works roster or
rosters shall adopt rules implementing this subsection. A
local government establishing a small works roster or rosters
shall adopt an ordinance or resolution implementing this
subsection. Procedures included in rules adopted by the
department of general administration in implementing this
subsection must be included in any rules providing for a
small works roster or rosters that is adopted by another state
agency, if the authority for that state agency to engage in
these activities has been delegated to it by the department of
general administration under chapter 43.19 RCW. An
interlocal contract or agreement between two or more state
(2002 Ed.)
39.04.140
agencies or local governments establishing a small works
roster or rosters to be used by the parties to the agreement
or contract must clearly identify the lead entity that is
responsible for implementing the provisions of this subsection.
(c) Procedures shall be established for securing telephone, written, or electronic quotations from contractors on
the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest
responsible bidder, as defined in RCW 43.19.1911. Invitations for quotations shall include an estimate of the scope
and nature of the work to be performed as well as materials
and equipment to be furnished. However, detailed plans and
specifications need not be included in the invitation. This
subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Quotations may be invited from
all appropriate contractors on the appropriate small works
roster. As an alternative, quotations may be invited from at
least five contractors on the appropriate small works roster
who have indicated the capability of performing the kind of
work being contracted, in a manner that will equitably
distribute the opportunity among the contractors on the
appropriate roster. However, if the estimated cost of the
work is from one hundred thousand dollars to two hundred
thousand dollars, a state agency or local government, other
than a port district, that chooses to solicit bids from less than
all the appropriate contractors on the appropriate small works
roster must also notify the remaining contractors on the
appropriate small works roster that quotations on the work
are being sought. The government has the sole option of
determining whether this notice to the remaining contractors
is made by: (i) Publishing notice in a legal newspaper in
general circulation in the area where the work is to be done;
(ii) mailing a notice to these contractors; or (iii) sending a
notice to these contractors by facsimile or other electronic
means. For purposes of this subsection (2)(c), "equitably
distribute" means that a state agency or local government
soliciting bids may not favor certain contractors on the
appropriate small works roster over other contractors on the
appropriate small works roster who perform similar services.
(d) A contract awarded from a small works roster under
this section need not be advertised.
(e) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection,
and available by telephone inquiry.
(3) In lieu of awarding contracts under subsection (2) of
this section, a state agency or authorized local government
may award a contract for work, construction, alteration,
repair, or improvement project [projects] estimated to cost
less than thirty-five thousand dollars using the limited public
works process provided under this subsection. Public works
projects awarded under this subsection are exempt from the
other requirements of the small works roster process provided under subsection (2) of this section and are exempt from
the requirement that contracts be awarded after advertisement
as provided under RCW 39.04.010.
For limited public works projects, a state agency or
authorized local government shall solicit electronic or written
quotations from a minimum of three contractors from the
appropriate small works roster and shall award the contract
to the lowest responsible bidder as defined under RCW
[Title 39 RCW—page 5]
39.04.155
Title 39 RCW: Public Contracts and Indebtedness
43.19.1911. After an award is made, the quotations shall be
open to public inspection and available by electronic request.
A state agency or authorized local government shall attempt
to distribute opportunities for limited public works projects
equitably among contractors willing to perform in the
geographic area of the work. A state agency or authorized
local government shall maintain a list of the contractors
contacted and the contracts awarded during the previous
twenty-four months under the limited public works process,
including the name of the contractor, the contractor’s
registration number, the amount of the contract, a brief
description of the type of work performed, and the date the
contract was awarded. For limited public works projects, a
state agency or authorized local government may waive the
payment and performance bond requirements of chapter
39.08 RCW and the retainage requirements of chapter 60.28
RCW, thereby assuming the liability for the contractor’s
nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that
may be due from the contractor for the limited public works
project, however the state agency or authorized local
government shall have the right of recovery against the
contractor for any payments made on the contractor’s behalf.
(4) The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for
the purpose of avoiding the maximum dollar amount of a
contract that may be let using the small works roster process
or limited public works process.
(5) As used in this section, "state agency" means the
department of general administration, the state parks and
recreation commission, the department of natural resources,
the department of fish and wildlife, the department of
transportation, any institution of higher education as defined
under RCW 28B.10.016, and any other state agency delegated authority by the department of general administration to
engage in construction, building, renovation, remodeling,
alteration, improvement, or repair activities. [2001 c 284 §
1; 2000 c 138 § 101; 1998 c 278 § 12; 1993 c 198 § 1; 1991
c 363 § 109.]
Purpose—2000 c 138: "The purpose of this act is to establish a
common small works roster procedure that state agencies and local
governments may use to award contracts for construction, building,
renovation, remodeling, alteration, repair, or improvement of real property."
[2000 c 138 § 1.]
Part headings not law—2000 c 138: "Part headings used in this act
are not any part of the law." [2000 c 138 § 302.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Competitive bids—Contract procedure: RCW 36.32.250.
39.04.156 Small works roster manual—Notification
to local governments. The department of community, trade,
and economic development, in cooperation with the municipal research and services center, shall prepare a small
works roster manual and periodically notify the different
types of local government authorized to use a small works
roster process about this authority. [2000 c 138 § 104.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
39.04.160 Contracts subject to requirements
established under office of minority and women’s busi[Title 39 RCW—page 6]
ness enterprises. All contracts entered into under this
chapter by the state on or after September 1, 1983, are
subject to the requirements established under chapter 39.19
RCW. [1983 c 120 § 11.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
39.04.170 Application of chapter to performancebased contracts for energy equipment. This chapter shall
not apply to performance-based contracts, as defined in
*RCW 39.35A.020(3), that are negotiated under chapter
39.35A RCW. [1985 c 169 § 5.]
*Reviser’s note: RCW 39.35A.020 was amended by 2001 c 214 §
18, changing subsection (3) to subsection (4).
39.04.175 Application of chapter to certain agreements relating to water pollution control, solid waste
handling facilities. This chapter does not apply to the
selection of persons or entities to construct or develop water
pollution control facilities or to provide water pollution
control services under RCW 70.150.040 or the selection of
persons or entities to construct or develop solid waste
handling facilities or to provide solid waste handling services
under RCW 35.21.156 or under RCW 36.58.090. [1989 c
399 § 11; 1986 c 244 § 13.]
Severability—1986 c 244: See RCW 70.150.905.
39.04.180 Trench excavations—Safety systems
required. On public works projects in which trench
excavation will exceed a depth of four feet, any contract
therefor shall require adequate safety systems for the trench
excavation that meet the requirements of the Washington
industrial safety and health act, chapter 49.17 RCW. This
requirement shall be included in the cost estimates and
bidding forms as a separate item. The costs of trench safety
systems shall not be considered as incidental to any other
contract item and any attempt to include the trench safety
systems as an incidental cost is prohibited. [1988 c 180 §
1.]
39.04.190 Purchase contract process—Other than
formal sealed bidding. (1) This section provides a uniform
process to award contracts for the purchase of any materials,
equipment, supplies, or services by those municipalities that
are authorized to use this process in lieu of the requirements
for formal sealed bidding. The state statutes governing a
specific type of municipality shall establish the maximum
dollar thresholds of the contracts that can be awarded under
this process, and may include other matters concerning the
awarding of contracts for purchases, for the municipality.
(2) At least twice per year, the municipality shall
publish in a newspaper of general circulation within the
jurisdiction a notice of the existence of vendor lists and
solicit the names of vendors for the lists. Municipalities
shall by resolution establish a procedure for securing
telephone or written quotations, or both, from at least three
different vendors whenever possible to assure that a competitive price is established and for awarding the contracts for
the purchase of any materials, equipment, supplies, or
services to the lowest responsible bidder as defined in RCW
43.19.1911. Immediately after the award is made, the bid
(2002 Ed.)
Public Works
quotations obtained shall be recorded, open to public inspection, and shall be available by telephone inquiry. A contract
awarded pursuant to this section need not be advertised.
[1993 c 198 § 2; 1991 c 363 § 110.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
39.04.200 Small works roster or purchase contracts—Listing of contracts awarded required. Any local
government using the uniform process established in RCW
39.04.190 to award contracts for purchases must post a list
of the contracts awarded under that process at least once
every two months. Any state agency or local government
using the small works roster process established in RCW
39.04.155 to award contracts for construction, building,
renovation, remodeling, alteration, repair, or improvement of
real property must make available a list of the contracts
awarded under that process at least once every year. The list
shall contain the name of the contractor or vendor awarded
the contract, the amount of the contract, a brief description
of the type of work performed or items purchased under the
contract, and the date it was awarded. The list shall also
state the location where the bid quotations for these contracts
are available for public inspection. [2000 c 138 § 103; 1993
c 198 § 3; 1991 c 363 § 111.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
39.04.210 Correctional facilities construction and
repair—Findings. The legislature recognizes that fair and
open competition is a basic tenet of public works procurement, that such competition reduces the appearance of and
opportunity for favoritism and inspires public confidence that
contracts are awarded equitably and economically, and that
effective monitoring mechanisms are important means of
curbing any improprieties and establishing public confidence
in the process by which contractual services are procured.
The legislature finds that there will continue to exist a need
for additional correctional facilities due to the inadequate
capacity of existing correctional facilities to accommodate
the predicted growth of offender populations and that it is
necessary to provide public works contract options for the
effective construction and repair of additional department of
corrections facilities. [1994 c 80 § 1; 1991 c 130 § 1.]
Severability—1994 c 80: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 80 § 4.]
Effective date—1994 c 80: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994]." [1994 c 80 § 5.]
Severability—1991 c 130: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 130 § 4.]
39.04.220 Correctional facilities construction and
repair—Use of general contractor/construction manager
method for awarding contracts—Demonstration projects.
(1) In addition to currently authorized methods of public
(2002 Ed.)
39.04.190
works contracting, and in lieu of the requirements of RCW
39.04.010 and 39.04.020 through 39.04.060, capital projects
funded for over ten million dollars authorized by the
legislature for the department of corrections to construct or
repair facilities may be accomplished under contract using
the general contractor/construction manager method described in this section. In addition, the general contractor/construction manager method may be used for up to two
demonstration projects under ten million dollars for the
department of corrections. Each demonstration project shall
aggregate capital projects authorized by the legislature at a
single site to total no less than three million dollars with the
approval of the office of financial management. The department of general administration shall present its plan for the
aggregation of projects under each demonstration project to
the oversight advisory committee established under subsection (2) of this section prior to soliciting proposals for
general contractor/construction manager services for the
demonstration project.
(2) For the purposes of this section, "general contractor/construction manager" means a firm with which the
department of general administration has selected and
negotiated a maximum allowable construction cost to be
guaranteed by the firm, after competitive selection through
a formal advertisement, and competitive bids to provide
services during the design phase that may include life-cycle
cost design considerations, value engineering, scheduling,
cost estimating, constructability, alternative construction
options for cost savings, and sequencing of work, and to act
as the construction manager and general contractor during
the construction phase. The department of general administration shall establish an independent oversight advisory
committee with representatives of interest groups with an
interest in this subject area, the department of corrections,
and the private sector, to review selection and contracting
procedures and contracting documents. The oversight
advisory committee shall discuss and review the progress of
the demonstration projects. The general contractor/construction manager method is limited to projects
authorized on or before July 1, 1997.
(3) Contracts for the services of a general contractor/construction manager awarded under the authority of this
section shall be awarded through a competitive process
requiring the public solicitation of proposals for general
contractor/construction manager services. Minority and
women enterprise total project goals shall be specified in the
bid instructions to the general contractor/construction
manager finalists. The director of general administration is
authorized to include an incentive clause in any contract
awarded under this section for savings of either time or cost
or both from that originally negotiated. No incentives
granted shall exceed five percent of the maximum allowable
construction cost. The director of general administration or
his or her designee shall establish a committee to evaluate
the proposals considering such factors as: Ability of
professional personnel; past performance in negotiated and
complex projects; ability to meet time and budget requirements; location; recent, current, and projected work loads of
the firm; and the concept of their proposal. After the
committee has selected the most qualified finalists, these
finalists shall submit sealed bids for the percent fee, which
is the percentage amount to be earned by the general
[Title 39 RCW—page 7]
39.04.220
Title 39 RCW: Public Contracts and Indebtedness
contractor/construction manager as overhead and profit, on
the estimated maximum allowable construction cost and the
fixed amount for the detailed specified general conditions
work. The maximum allowable construction cost may be
negotiated between the department of general administration
and the selected firm after the scope of the project is
adequately determined to establish a guaranteed contract cost
for which the general contractor/construction manager will
provide a performance and payment bond. The guaranteed
contract cost includes the fixed amount for the detailed
specified general conditions work, the negotiated maximum
allowable construction cost, the percent fee on the negotiated
maximum allowable construction cost, and sales tax. If the
department of general administration is unable to negotiate
a satisfactory maximum allowable construction cost with the
firm selected that the department of general administration
determines to be fair, reasonable, and within the available
funds, negotiations with that firm shall be formally terminated and the department of general administration shall
negotiate with the next low bidder and continue until an
agreement is reached or the process is terminated. If the
maximum allowable construction cost varies more than
fifteen percent from the bid estimated maximum allowable
construction cost due to requested and approved changes in
the scope by the state, the percent fee shall be renegotiated.
All subcontract work shall be competitively bid with public
bid openings. Specific contract requirements for women and
minority enterprise participation shall be specified in each
subcontract bid package that exceeds ten percent of the
department’s estimated project cost. All subcontractors who
bid work over two hundred thousand dollars shall post a bid
bond and the awarded subcontractor shall provide a performance and payment bond for their contract amount if
required by the general contractor/construction manager. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. Bidding on
subcontract work by the general contractor/construction
manager or its subsidiaries is prohibited. The general
contractor/construction manager may negotiate with the lowresponsive bidder only in accordance with RCW 39.04.015
or, if unsuccessful in such negotiations, rebid.
(4) If the project is completed for less than the agreed
upon maximum allowable construction cost, any savings not
otherwise negotiated as part of an incentive clause shall
accrue to the state. If the project is completed for more than
the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved
by the state, the additional cost shall be the responsibility of
the general contractor/construction manager.
(5) The powers and authority conferred by this section
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and nothing contained in this section may be construed as limiting any other
powers or authority of the department of general administration. However, all actions taken pursuant to the powers and
authority granted to the director or the department of general
administration under this section may only be taken with the
concurrence of the department of corrections. [1996 c 18 §
5; 1994 c 80 § 2; 1991 c 130 § 2.]
Severability—Effective date—1994 c 80: See notes following RCW
39.04.210.
[Title 39 RCW—page 8]
Severability—1991 c 130: See note following RCW 39.04.210.
39.04.230 Correctional facilities construction and
repair—Alternative contracting method to remain in
force until contracts completed. Methods of public works
contracting authorized by RCW 39.04.210 and 39.04.220
shall remain in full force and effect until completion of
projects authorized on or before July 1, 1997. [1994 c 80 §
3; 1991 c 130 § 3.]
Severability—Effective date—1994 c 80: See notes following RCW
39.04.210.
Severability—1991 c 130: See note following RCW 39.04.210.
39.04.240 Public works contracts—Awarding of
attorneys’ fees. (1) The provisions of RCW 4.84.250
through 4.84.280 shall apply to an action arising out of a
public works contract in which the state or a municipality, or
other public body that contracts for public works, is a party,
except that: (a) The maximum dollar limitation in RCW
4.84.250 shall not apply; and (b) in applying RCW 4.84.280,
the time period for serving offers of settlement on the
adverse party shall be the period not less than thirty days
and not more than one hundred twenty days after completion
of the service and filing of the summons and complaint.
(2) The rights provided for under this section may not
be waived by the parties to a public works contract that is
entered into on or after June 11, 1992, and a provision in
such a contract that provides for waiver of these rights is
void as against public policy. However, this subsection shall
not be construed as prohibiting the parties from mutually
agreeing to a clause in a public works contract that requires
submission of a dispute arising under the contract to arbitration. [1999 c 107 § 1; 1992 c 171 § 1.]
39.04.250 Payments received on account of work
performed by subcontractor—Disputed amounts—
Remedies. (1) When payment is received by a contractor or
subcontractor for work performed on a public work, the
contractor or subcontractor shall pay to any subcontractor not
later than ten days after the receipt of the payment, amounts
allowed the contractor on account of the work performed by
the subcontractor, to the extent of each subcontractor’s
interest therein.
(2) In the event of a good faith dispute over all or any
portion of the amount due on a payment from the state or a
municipality to the prime contractor, or from the prime
contractor or subcontractor to a subcontractor, then the state
or the municipality, or the prime contractor or subcontractor,
may withhold no more than one hundred fifty percent of the
disputed amount. Those not a party to a dispute are entitled
to full and prompt payment of their portion of a draw,
progress payment, final payment, or released retainage.
(3) In addition to all other remedies, any person from
whom funds have been withheld in violation of this section
shall be entitled to receive from the person wrongfully
withholding the funds, for every month and portion thereof
that payment including retainage is not made, interest at the
highest rate allowed under RCW 19.52.025. In any action
for the collection of funds wrongfully withheld, the prevailing party shall be entitled to costs of suit and reasonable
attorneys’ fees. [1992 c 223 § 5.]
(2002 Ed.)
Public Works
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See
RCW 39.04.900 and 39.04.901.
39.04.260 Private construction performed pursuant
to contract for rental, lease, or purchase by state—Must
comply with prevailing wage law. Any work, construction,
alteration, repair, or improvement, other than ordinary
maintenance, that the state or a municipality causes to be
performed by a private party through a contract to rent,
lease, or purchase at least fifty percent of the project by one
or more state agencies or municipalities shall comply with
chapter 39.12 RCW. [1993 c 110 § 1.]
Application—1993 c 110: "Section 1 of this act shall not apply to
any project for which a call for competitive bids was made before July 25,
1993." [1993 c 110 § 2.]
39.04.270 Electronic data processing and
telecommuncations systems—Municipalities—Acquisition
method—Competitive negotiation—Findings, intent. (1)
The legislature finds that the unique aspects of electronic
data processing and telecommunications systems and the
importance of these systems for effective administration
warrant separate acquisition authority for electronic data
processing and telecommunication systems. It is the intent
of the legislature that municipalities utilize an acquisition
method for electronic data processing and telecommunication
systems that is both competitive and compatible with the
needs of the municipalities.
(2) A municipality may acquire electronic data processing or telecommunication equipment, software, or services
through competitive negotiation rather than through competitive bidding.
(3) "Competitive negotiation," for the purposes of this
section, shall include, as a minimum, the following requirements:
(a) A request for proposal shall be prepared and
submitted to an adequate number of qualified sources, as
determined by the municipality in its discretion, to permit
reasonable competition consistent with the requirements of
the procurement. Notice of the request for the proposal must
be published in a newspaper of general circulation in the
municipality at least thirteen days before the last date upon
which proposals will be received. The request for proposal
shall identify significant evaluation factors, including price,
and their relative importance.
(b) The municipality shall provide reasonable procedures
for technical evaluation of the proposals received, identification of qualified sources, and selection for awarding the
contract.
(c) The award shall be made to the qualified bidder
whose proposal is most advantageous to the municipality
with price and other factors considered. The municipality
may reject any and all proposals for good cause and request
new proposals. [1996 c 257 § 1.]
39.04.280 Competitive bidding requirements—
Exemptions. This section provides uniform exemptions to
competitive bidding requirements utilized by municipalities
when awarding contracts for public works and contracts for
purchases. The statutes governing a specific type of municipality may also include other exemptions from competitive
(2002 Ed.)
39.04.250
bidding requirements. The purpose of this section is to
supplement and not to limit the current powers of any
municipality to provide exemptions from competitive bidding
requirements.
(1) Competitive bidding requirements may be waived by
the governing body of the municipality for:
(a) Purchases that are clearly and legitimately limited to
a single source of supply;
(b) Purchases involving special facilities or market
conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements
under subsection (1) of this section may be by resolution or
by the terms of written policies adopted by the municipality,
at the option of the governing body of the municipality. If
the governing body elects to waive competitive bidding
requirements by the terms of written policies adopted by the
municipality, immediately after the award of any contract,
the contract and the factual basis for the exception must be
recorded and open to public inspection.
If a resolution is adopted by a governing body to waive
competitive bidding requirements under (b) of this subsection, the resolution must recite the factual basis for the
exception. This subsection (2)(a) does not apply in the event
of an emergency.
(b) If an emergency exists, the person or persons
designated by the governing body of the municipality to act
in the event of an emergency may declare an emergency
situation exists, waive competitive bidding requirements, and
award all necessary contracts on behalf of the municipality
to address the emergency situation. If a contract is awarded
without competitive bidding due to an emergency, a written
finding of the existence of an emergency must be made by
the governing body or its designee and duly entered of
record no later than two weeks following the award of the
contract.
(3) For purposes of this section "emergency" means
unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the
proper performance of essential functions; or (b) will likely
result in material loss or damage to property, bodily injury,
or loss of life if immediate action is not taken. [1998 c 278
§ 1.]
39.04.290 Contracts for building engineering
systems. (1) A state agency or local government may award
contracts of any value for the design, fabrication, and
installation of building engineering systems by: (a) Using a
competitive bidding process or request for proposals process
where bidders are required to provide final specifications and
a bid price for the design, fabrication, and installation of
building engineering systems, with the final specifications
being approved by an appropriate design, engineering, and/or
public regulatory body; or (b) using a competitive bidding
process where bidders are required to provide final specifications for the final design, fabrication, and installation of
building engineering systems as part of a larger project with
the final specifications for the building engineering systems
portion of the project being approved by an appropriate
[Title 39 RCW—page 9]
39.04.290
Title 39 RCW: Public Contracts and Indebtedness
design, engineering, and/or public regulatory body. The
provisions of chapter 39.80 RCW do not apply to the design
of building engineering systems that are included as part of
a contract described under this section.
(2) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Building engineering systems" means those systems
where contracts for the systems customarily have been
awarded with a requirement that the contractor provide final
approved specifications, including fire alarm systems,
building sprinkler systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control
systems, chlorination and chemical feed systems, emergency
generator systems, building signage systems, pile foundations, and curtain wall systems.
(b) "Local government" means any county, city, town,
school district, or other special district, municipal corporation, or quasi-municipal corporation.
(c) "State agency" means the department of general
administration, the state parks and recreation commission,
the department of fish and wildlife, the department of natural
resources, any institution of higher education as defined
under RCW 28B.10.016, and any other state agency delegated authority by the department of general administration to
engage in building, renovation, remodeling, alteration,
improvement, or repair activities. [2001 c 34 § 1.]
39.04.900
Rights may not be waived—
Construction—1992 c 223. (1) The rights provided in
chapter 223, Laws of 1992 may not be waived by the parties
and a contract provision that provides for waiver of the
rights provided in chapter 223, Laws of 1992 is void as
against public policy.
(2) Chapter 223, Laws of 1992 is to be liberally
construed to provide security for all parties intended to be
protected by its provisions. [1992 c 223 § 6.]
Effective date—1992 c 223: See note following RCW 39.76.011.
Application—1992 c 223: See RCW 39.04.901.
39.04.901 Application—1992 c 223. (1) RCW
39.76.011, 60.28.011, 60.28.021, 60.28.051, 39.04.250, and
39.04.900 are applicable to all public works contracts entered
into on or after September 1, 1992, relating to the construction of any work of improvement.
(2) RCW 39.76.010, 60.28.010, 60.28.020, and
60.28.050 are applicable to all public works contracts entered
into prior to September 1, 1992, relating to the construction
of any work of improvement. [1992 c 223 § 7.]
Effective date—1992 c 223: See note following RCW 39.76.011.
Chapter 39.06
PUBLIC WORKS—REGISTRATION, LICENSING,
OF CONTRACTORS
Sections
39.06.010
Contracts with unregistered or unlicensed contractors and
with other violators prohibited.
39.06.010 Contracts with unregistered or unlicensed
contractors and with other violators prohibited. No
[Title 39 RCW—page 10]
agency of the state or any of its political subdivisions may
execute a contract:
(1) With any contractor who is not registered or licensed
as may be required by the laws of this state other than
contractors on highway projects who have been prequalified
as required by RCW 47.28.070, with the department of
transportation to perform highway construction, reconstruction, or maintenance; or
(2) For two years from the date that a violation is
finally determined, with any person or entity who has been
determined by the respective administering agency to have
violated RCW 50.12.070(1)(b), 51.16.070(1)(b), or
*82.32.070(1)(b). During this two-year period, the person or
entity may not be permitted to bid, or have a bid considered,
on any public works contract. [1997 c 54 § 1; 1984 c 7 §
43; 1967 c 70 § 3.]
*Reviser’s note: RCW 82.32.070 was amended by 1999 c 358 § 14,
changing subsection (1)(b) to subsection (2).
Severability—1984 c 7: See note following RCW 47.01.141.
Construction building permits—Cities, towns or counties prohibited from
issuing without verification of registration: RCW 18.27.110.
Chapter 39.08
CONTRACTOR’S BOND
Sections
39.08.010
Bond required—Conditions—Retention of contract amount
in lieu of bond—Contracts of one hundred thousand
dollars or less.
39.08.015 Liability for failure to take bond.
39.08.030 Conditions of bond—Notice of claim—Action on bond—
Attorney’s fees.
39.08.065 Notice to contractor condition to suit on bond when supplies
are furnished to subcontractor.
39.08.080 Liens for labor, materials, taxes, on public works.
39.08.100 Marine vessel construction—Security in lieu of bond.
Public officer requiring bond or insurance from particular insurer, agent
or broker, procuring bond or insurance, violations: RCW 48.30.270.
39.08.010 Bond required—Conditions—Retention
of contract amount in lieu of bond—Contracts of one
hundred thousand dollars or less. Whenever any board,
council, commission, trustees, or body acting for the state or
any county or municipality or any public body shall contract
with any person or corporation to do any work for the state,
county, or municipality, or other public body, city, town, or
district, such board, council, commission, trustees, or body
shall require the person or persons with whom such contract
is made to make, execute, and deliver to such board, council,
commission, trustees, or body a good and sufficient bond,
with a surety company as surety, conditioned that such
person or persons shall faithfully perform all the provisions
of such contract and pay all laborers, mechanics, and
subcontractors and materialmen, and all persons who supply
such person or persons, or subcontractors, with provisions
and supplies for the carrying on of such work, which bond
in cases of cities and towns shall be filed with the clerk or
comptroller thereof, and any person or persons performing
such services or furnishing material to any subcontractor
shall have the same right under the provisions of such bond
as if such work, services or material was furnished to the
original contractor: PROVIDED, HOWEVER, That the
provisions of RCW 39.08.010 through 39.08.030 shall not
(2002 Ed.)
Contractor’s Bond
apply to any money loaned or advanced to any such contractor, subcontractor or other person in the performance of any
such work: PROVIDED FURTHER, That on contracts of
twenty-five thousand dollars or less, at the option of the
contractor the respective public entity may, in lieu of the
bond, retain fifty percent of the contract amount for a period
of thirty days after date of final acceptance, or until receipt
of all necessary releases from the department of revenue and
the department of labor and industries and settlement of any
liens filed under chapter 60.28 RCW, whichever is later:
PROVIDED FURTHER, That for contracts of one hundred
thousand dollars or less, the public entity may accept a full
payment and performance bond from an individual surety or
sureties: AND PROVIDED FURTHER, That the surety
must agree to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of Washington. [1989 c 145 § 1; 1982 c 98 § 5; 1975 1st ex.s. c 278
§ 23; 1967 c 70 § 2; 1915 c 28 § 1; 1909 c 207 § 1; RRS §
1159. Prior: 1897 c 44 § 1; 1888 p 15 § 1.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Liens for labor, material, taxes on public works—Reserve fund required:
RCW 60.28.010.
State highway construction and maintenance, bond and surety requirements:
Chapter 47.28 RCW.
39.08.015 Liability for failure to take bond. If any
board of county commissioners of any county, or mayor and
common council of any incorporated city or town, or tribunal
transacting the business of any municipal corporation shall
fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall
be liable to the persons mentioned in RCW 39.08.010, to the
full extent and for the full amount of all such debts so
contracted by such contractor. [1909 c 207 § 2; RRS §
1160. Prior: 1888 p 15 § 2. Formerly RCW 39.08.070.]
39.08.030 Conditions of bond—Notice of claim—
Action on bond—Attorney’s fees. The bond mentioned in
RCW 39.08.010 shall be in an amount equal to the full
contract price agreed to be paid for such work or improvement, and shall be to the state of Washington, except as
otherwise provided in RCW 39.08.100, and except in cases
of cities and towns, in which cases such municipalities may
by general ordinance fix and determine the amount of such
bond and to whom such bond shall run: PROVIDED, The
same shall not be for a less amount than twenty-five percent
of the contract price of any such improvement, and may
designate that the same shall be payable to such city, and not
to the state of Washington, and all such persons mentioned
in RCW 39.08.010 shall have a right of action in his, her, or
their own name or names on such bond for work done by
such laborers or mechanics, and for materials furnished or
provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements:
PROVIDED, That such persons shall not have any right of
action on such bond for any sum whatever, unless within
thirty days from and after the completion of the contract
with an acceptance of the work by the affirmative action of
the board, council, commission, trustees, officer, or body
acting for the state, county or municipality, or other public
body, city, town or district, the laborer, mechanic or subcon(2002 Ed.)
39.08.010
tractor, or materialman, or person claiming to have supplied
materials, provisions or goods for the prosecution of such
work, or the making of such improvement, shall present to
and file with such board, council, commission, trustees or
body acting for the state, county or municipality, or other
public body, city, town or district, a notice in writing in
substance as follows:
To (here insert the name of the state, county or municipality or other public body, city, town or district):
Notice is hereby given that the undersigned (here insert
the name of the laborer, mechanic or subcontractor, or
materialman, or person claiming to have furnished labor,
materials or provisions for or upon such contract or work)
has a claim in the sum of . . . . . . dollars (here insert the
amount) against the bond taken from . . . . . . (here insert the
name of the principal and surety or sureties upon such bond)
for the work of . . . . . . (here insert a brief mention or
description of the work concerning which said bond was
taken).
(here to be signed) . . . . . . . . . . . . . .
Such notice shall be signed by the person or corporation
making the claim or giving the notice, and said notice, after
being presented and filed, shall be a public record open to
inspection by any person, and in any suit or action brought
against such surety or sureties by any such person or
corporation to recover for any of the items hereinbefore
specified, the claimant shall be entitled to recover in addition
to all other costs, attorney’s fees in such sum as the court
shall adjudge reasonable: PROVIDED, HOWEVER, That
no attorney’s fees shall be allowed in any suit or action
brought or instituted before the expiration of thirty days
following the date of filing of the notice hereinbefore
mentioned: PROVIDED FURTHER, That any city may
avail itself of the provisions of RCW 39.08.010 through
39.08.030, notwithstanding any charter provisions in conflict
herewith: AND PROVIDED FURTHER, That any city or
town may impose any other or further conditions and
obligations in such bond as may be deemed necessary for its
proper protection in the fulfillment of the terms of the
contract secured thereby, and not in conflict herewith. [1989
c 58 § 1; 1977 ex.s. c 166 § 4; 1915 c 28 § 2; 1909 c 207
§ 3; RRS § 1161. Prior: 1899 c 105 § 1; 1888 p 16 § 3.
Formerly RCW 39.08.030 through 39.08.060.]
Severability—1977 ex.s. c 166: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to the
other persons or circumstances is not affected." [1977 ex.s. c 166 § 9.]
39.08.065 Notice to contractor condition to suit on
bond when supplies are furnished to subcontractor.
Every person, firm or corporation furnishing materials,
supplies or provisions to be used in the construction,
performance, carrying on, prosecution or doing of any work
for the state, or any county, city, town, district, municipality
or other public body, shall, not later than ten days after the
date of the first delivery of such materials, supplies or
provisions to any subcontractor or agent of any person, firm
or corporation having a subcontract for the construction,
performance, carrying on, prosecution or doing of such
work, deliver or mail to the contractor a notice in writing
stating in substance and effect that such person, firm or
[Title 39 RCW—page 11]
39.08.065
Title 39 RCW: Public Contracts and Indebtedness
corporation has commenced to deliver materials, supplies or
provisions for use thereon, with the name of the subcontractor or agent ordering or to whom the same is furnished and
that such contractor and his bond will be held for the
payment of the same, and no suit or action shall be maintained in any court against the contractor or his bond to recover for such material, supplies or provisions or any part
thereof unless the provisions of this section have been
complied with. [1915 c 167 § 1; RRS § 1159-1. Formerly
RCW 39.08.020.]
39.08.080 Liens for labor, materials, taxes, on
public works. See chapter 60.28 RCW.
39.08.100 Marine vessel construction—Security in
lieu of bond. On contracts for construction, maintenance, or
repair of a marine vessel, the department of transportation
may permit, subject to specified format and conditions, the
substitution of one or more of the following alternate forms
of security in lieu of all or part of the bond: Certified
check, replacement bond, cashier’s check, treasury bills, an
irrevocable bank letter of credit, assignment of a savings
account, or other liquid assets specifically approved by the
secretary of transportation. The secretary of transportation
shall predetermine and include in the special provisions of
the bid package the amount of this alternative form of
security or bond, or a combination of the two, on a case-bycase basis, in an amount adequate to protect one hundred
percent of the state’s exposure to loss. Assets used as an
alternative form of security shall not be used to secure the
bond. By October 1, 1989, the department shall develop and
adopt rules under chapter 34.05 RCW that establish the
procedures for determining the state’s exposure to loss on
contracts for construction, maintenance, or repair of a marine
vessel. [1989 c 58 § 2.]
Chapter 39.10
ALTERNATIVE PUBLIC WORKS
CONTRACTING PROCEDURES
Sections
39.10.010
39.10.020
39.10.030
39.10.040
39.10.051
39.10.061
39.10.065
39.10.067
39.10.070
39.10.080
39.10.090
39.10.100
39.10.115
39.10.120
39.10.900
39.10.901
39.10.902
Finding—Purpose.
Definitions.
Public notification and review process.
Baseball stadium project—Alternative procedure may be
used.
Design-build procedure—Which public bodies may use.
General contractor/construction manager procedure—
Limitations.
Demonstration projects—Contract deadline—Transfer of
authority to other public body.
School district capital demonstration projects—Conditions.
Project management and contracting requirements.
Negotiated adjustments to lowest bid or proposal—When
allowed.
Construction of chapter—Waiver of other limits and requirements.
Public inspection of certain records—Protection of trade
secrets.
School district project review board—Established—
Procedures.
Application of chapter.
Captions not law—1994 c 132.
Severability—1994 c 132.
Repealer.
[Title 39 RCW—page 12]
39.10.010 Finding—Purpose. (Effective until July
1, 2007.) The legislature finds that the traditional process of
awarding public works contracts in lump sum to the lowest
responsible bidder is a fair and objective method of selecting
a contractor. However, under certain circumstances, alternative public works contracting procedures may best serve
the public interest if such procedures are implemented in an
open and fair process based on objective and equitable
criteria. The purpose of this chapter is to authorize the use
of certain supplemental alternative public works contracting
procedures by state agencies and large municipalities under
limited circumstances, to prescribe appropriate requirements
to ensure that such contracting procedures serve the public
interest, and to establish a process for evaluation of such
contracting procedures. [1994 c 132 § 1.]
39.10.020 Definitions. (Effective until July 1, 2007.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Alternative public works contracting procedure"
means the design-build and the general contractor/construction manager contracting procedures authorized
in RCW 39.10.051 and 39.10.061, respectively.
(2) "Public body" means the state department of general
administration; the University of Washington; Washington
State University; every city with a population greater than
seventy thousand and any public authority chartered by such
city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every
county with a population greater than four hundred fifty
thousand; every port district with total revenues greater than
fifteen million dollars per year; every public utility district
with revenues from energy sales greater than twenty-three
million dollars per year; and those school districts proposing
projects that are considered and approved by the school
district project review board under RCW 39.10.115.
(3) "Public works project" means any work for a public
body within the definition of the term public work in RCW
39.04.010. [2001 c 328 § 1; 2000 c 209 § 1; 1997 c 376 §
1; 1994 c 132 § 2.]
Effective date—2001 c 328: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 328 § 8.]
Effective date—1997 c 376: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 376 § 10.]
39.10.030 Public notification and review process.
(Effective until July 1, 2007.) (1) An alternative public
works contracting procedure authorized under this chapter
may be used for a specific public works project only after a
public body determines that use of the alternative procedure
will serve the public interest by providing a substantial fiscal
benefit, or that use of the traditional method of awarding
contracts in lump sum to the low responsive bidder is not
practical for meeting desired quality standards or delivery
schedules.
(2) Whenever a public body determines to use one of
the alternative public works contracting procedures authorized under this chapter for a public works project, it shall
(2002 Ed.)
Alternative Public Works Contracting Procedures
first ensure adequate public notification and opportunity for
public review and comment by implementing the public
hearing procedure under (a) of this subsection or the written
public comment procedure under (b) of this subsection.
(a) Public hearing procedure:
(i) The public body shall conduct a public hearing to
receive public comment on its preliminary determination to
use the alternative public works contracting procedure. At
least twenty days before the public hearing, the public body
shall cause notice of such hearing to be published at least
once in a legal newspaper of general circulation published in
or as near as possible to that part of the county in which the
public work will be done. The notice shall clearly describe
the proposed project and the preliminary determination to
use the alternative public works contracting procedure. The
notice shall also indicate when, where, and how persons may
present their comments on the preliminary determination,
and where persons may obtain additional written information
describing the project.
(ii) The public body shall summarize in a written
statement its reasons for using the alternative public works
contracting procedure. This statement, along with other
relevant information describing the project, shall be made
available upon request to interested parties at least twenty
days before the public hearing.
(iii) The public body shall receive and record both
written and oral comments concerning the preliminary
determination at the public hearing.
(b) Written public comment procedure:
(i) The public body shall establish a thirty-day public
comment period to receive public comment on its preliminary determination to use the alternative public works
contracting procedure. At least seven days before the beginning of the public comment period, the public body shall
cause notice of the public comment period to be published
at least once in a legal newspaper of general circulation
published in or as near as possible to that part of the county
in which the public work will be done. The notice shall
clearly describe the proposed project and the preliminary
determination to use the alternative public works contracting
procedure. The notice shall also indicate when, where, and
how persons may submit their written comments on the
preliminary determination, where persons may obtain
additional written information describing the project, and the
date, time, and location of the public hearing that shall be
conducted under (b)(iv) of this subsection if significant
adverse written comments are received by the public body.
(ii) The public body shall summarize in a written
statement its reasons for using the alternative public works
contracting procedure. This statement, along with other
relevant information describing the project, shall be made
available upon request to interested parties at least seven
days before the beginning of the public comment period.
(iii) The public body shall receive written comments
concerning the preliminary determination during the public
comment period.
(iv) If the public body finds that it has received significant adverse comments relating to the use of the alternative
public works contracting procedure, the public body shall
conduct a public hearing to receive additional oral and
written public comments on its preliminary determination to
use the alternative public works contracting procedure. The
(2002 Ed.)
39.10.030
public hearing shall be held on the date and at the time and
location specified in the public notice published under (b)(i)
of this subsection. At least seven days before the public
hearing, the public body shall provide notice of the hearing
to each person who has submitted written comments, and
cause a notice of the hearing to be published at least once in
a legal newspaper of general circulation published in or as
near as possible to that part of the county in which the
public work will be done.
(v) The public body shall receive and record written and
oral comments concerning the preliminary determination at
the public hearing.
(3) Final determinations to use an alternative public
works contracting procedure may be made only by the
legislative or governing authority of the public body, or, in
the case of state agencies, by the agency director or chief
administrative officer. Final determinations shall be accompanied by a concise statement of the principal reasons for
overruling any considerations urged against the determination. Final determinations are subject to appeal to superior
court within thirty days of the determination, provided that
notice of such appeal shall be provided to the public body
within seven days of the determination. The court may
award reasonable attorneys’ fees to the prevailing party.
(4) Following completion of a public works project
using one of the alternative public works contracting
procedures under this chapter, a report shall be submitted to
the legislative or governing authority of the public body reviewing the utilization and performance of the alternative
public works contracting procedure. Such report shall be
made available to the public. [1997 c 376 § 2; 1994 c 132
§ 3.]
Effective date—1997 c 376: See note following RCW 39.10.020.
39.10.040 Baseball stadium project—Alternative
procedure may be used. (Effective until July 1, 2007.)
An alternative public works contracting procedure authorized
in this chapter may be used by a special agency, authority,
or other district established by a county for construction of
a baseball stadium provided that:
(1) The county is authorized to use the alternative public
works contracting procedure under this chapter;
(2) The special agency, authority, or district complies
with all the requirements of this chapter related to the
alternative public works contracting procedure utilized; and
(3) The county itself complies with RCW 39.10.030
with respect to the baseball stadium project to be undertaken
by the special agency, authority, or district. [1994 c 132 §
4.]
39.10.051 Design-build procedure—Which public
bodies may use. (Effective until July 1, 2007.) (1)
Notwithstanding any other provision of law, and after
complying with RCW 39.10.030, the following public bodies
may utilize the design-build procedure of public works
contracting for public works projects authorized under this
section: The state department of general administration; the
University of Washington; Washington State University;
every city with a population greater than seventy thousand
and any public authority chartered by such city under RCW
35.21.730 through 35.21.755 and specifically authorized as
[Title 39 RCW—page 13]
39.10.051
Title 39 RCW: Public Contracts and Indebtedness
provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; every public
utility district with revenues from energy sales greater than
twenty-three million dollars per year; and every port district
with total revenues greater than fifteen million dollars per
year. The authority granted to port districts in this section
is in addition to and does not affect existing contracting
authority under RCW 53.08.120 and 53.08.130. For the
purposes of this section, "design-build procedure" means a
contract between a public body and another party in which
the party agrees to both design and build the facility, portion
of the facility, or other item specified in the contract.
(2) Public bodies authorized under this section may
utilize the design-build procedure for public works projects
valued over ten million dollars where:
(a) The construction activities or technologies to be used
are highly specialized and a design-build approach is critical
in developing the construction methodology or implementing
the proposed technology; or
(b) The project design is repetitive in nature and is an
incidental part of the installation or construction; or
(c) Regular interaction with and feedback from facilities
users and operators during design is not critical to an
effective facility design.
(3) Public bodies authorized under this section may also
use the design-build procedure for the following projects that
meet the criteria in subsection (2)(b) and (c) of this section:
(a) The construction or erection of preengineered metal
buildings or prefabricated modular buildings, regardless of
cost; or
(b) The construction of new student housing projects
valued over five million dollars.
(4) Contracts for design-build services shall be awarded
through a competitive process utilizing public solicitation of
proposals for design-build services. The public body shall
publish at least once in a legal newspaper of general circulation published in or as near as possible to that part of the
county in which the public work will be done, a notice of its
request for proposals for design-build services and the
availability and location of the request for proposal documents. The request for proposal documents shall include:
(a) A detailed description of the project including
programmatic, performance, and technical requirements and
specifications, functional and operational elements, minimum
and maximum net and gross areas of any building, and, at
the discretion of the public body, preliminary engineering
and architectural drawings;
(b) The reasons for using the design-build procedure;
(c) A description of the qualifications to be required of
the proposer including, but not limited to, submission of the
proposer’s accident prevention program;
(d) A description of the process the public body will use
to evaluate qualifications and proposals, including evaluation
factors and the relative weight of factors. Evaluation factors
shall include, but not be limited to: Proposal price; ability
of professional personnel; past performance on similar
projects; ability to meet time and budget requirements; ability to provide a performance and payment bond for the
project; recent, current, and projected work loads of the firm;
location; and the concept of the proposal;
(e) The form of the contract to be awarded;
[Title 39 RCW—page 14]
(f) The amount to be paid to finalists submitting best
and final proposals who are not awarded a design-build
contract; and
(g) Other information relevant to the project.
(5) The public body shall establish a committee to
evaluate the proposals based on the factors, weighting, and
process identified in the request for proposals. Based on its
evaluation, the public body shall select not fewer than three
nor more than five finalists to submit best and final proposals. The public body may, in its sole discretion, reject all
proposals. Design-build contracts shall be awarded using the
procedures in (a) or (b) of this subsection.
(a) Best and final proposals shall be evaluated and
scored based on the factors, weighting, and process identified
in the initial request for proposals. The public body may
score the proposals using a system that measures the quality
and technical merits of the proposal on a unit price basis.
Final proposals may not be considered if the proposal cost
is greater than the maximum allowable construction cost
identified in the initial request for proposals. The public
body shall initiate negotiations with the firm submitting the
highest scored best and final proposal. If the public body is
unable to execute a contract with the firm submitting the
highest scored best and final proposal, negotiations with that
firm may be suspended or terminated and the public body
may proceed to negotiate with the next highest scored firm.
Public bodies shall continue in accordance with this procedure until a contract agreement is reached or the selection
process is terminated.
(b) If the public body determines that all finalists are
capable of producing plans and specifications that adequately
meet project requirements, the public body may award the
contract to the firm that submits the responsive best and final
proposal with the lowest price.
(6) The firm awarded the contract shall provide a
performance and payment bond for the contracted amount.
The public body shall provide appropriate honorarium
payments to finalists submitting best and final proposals who
are not awarded a design-build contract. Honorarium
payments shall be sufficient to generate meaningful competition among potential proposers on design-build projects.
[2002 c 46 § 1; 2001 c 328 § 2.]
Effective date—2002 c 46: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 46 § 5.]
Effective date—2001 c 328: See note following RCW 39.10.020.
39.10.061 General contractor/construction manager
procedure—Limitations. (Effective until July 1, 2007.)
(1) Notwithstanding any other provision of law, and after
complying with RCW 39.10.030, a public body may utilize
the general contractor/construction manager procedure of
public works contracting for public works projects authorized
under subsection (2) of this section. For the purposes of this
section, "general contractor/construction manager" means a
firm with which a public body has selected and negotiated
a maximum allowable construction cost to be guaranteed by
the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the
design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating,
(2002 Ed.)
Alternative Public Works Contracting Procedures
constructability, alternative construction options for cost
savings, and sequencing of work, and to act as the construction manager and general contractor during the construction
phase.
(2) Except those school districts proposing projects that
are considered and approved by the school district project
review board, public bodies authorized under this section
may utilize the general contractor/construction manager
procedure for public works projects valued over ten million
dollars where:
(a) Implementation of the project involves complex
scheduling requirements; or
(b) The project involves construction at an existing
facility which must continue to operate during construction;
or
(c) The involvement of the general contractor/construction manager during the design stage is critical
to the success of the project.
(3) Public bodies should select general contractor/construction managers early in the life of public works
projects, and in most situations no later than the completion
of schematic design.
(4) Contracts for the services of a general contractor/construction manager under this section shall be awarded
through a competitive process requiring the public solicitation of proposals for general contractor/construction manager
services. The public solicitation of proposals shall include:
A description of the project, including programmatic, performance, and technical requirements and specifications
when available; the reasons for using the general contractor/construction manager procedure; a description of the
qualifications to be required of the proposer, including
submission of the proposer’s accident prevention program;
a description of the process the public body will use to
evaluate qualifications and proposals, including evaluation
factors and the relative weight of factors; the form of the
contract to be awarded; the estimated maximum allowable
construction cost; and the bid instructions to be used by the
general contractor/construction manager finalists. Evaluation
factors shall include, but not be limited to: Ability of
professional personnel, past performance in negotiated and
complex projects, and ability to meet time and budget
requirements; the scope of work the general contractor/construction manager proposes to self-perform and its
ability to perform it; location; recent, current, and projected
work loads of the firm; and the concept of their proposal.
A public body shall establish a committee to evaluate the
proposals. After the committee has selected the most
qualified finalists, these finalists shall submit final proposals,
including sealed bids for the percent fee, which is the
percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the
estimated maximum allowable construction cost and the
fixed amount for the detailed specified general conditions
work. The public body shall select the firm submitting the
highest scored final proposal using the evaluation factors and
the relative weight of factors published in the public solicitation of proposals.
(5) The maximum allowable construction cost may be
negotiated between the public body and the selected firm
after the scope of the project is adequately determined to
establish a guaranteed contract cost for which the general
(2002 Ed.)
39.10.061
contractor/construction manager will provide a performance
and payment bond. The guaranteed contract cost includes
the fixed amount for the detailed specified general conditions
work, the negotiated maximum allowable construction cost,
the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to
negotiate a satisfactory maximum allowable construction cost
with the firm selected that the public body determines to be
fair, reasonable, and within the available funds, negotiations
with that firm shall be formally terminated and the public
body shall negotiate with the next highest scored firm and
continue until an agreement is reached or the process is
terminated. If the maximum allowable construction cost
varies more than fifteen percent from the bid estimated
maximum allowable construction cost due to requested and
approved changes in the scope by the public body, the
percent fee shall be renegotiated.
(6) All subcontract work shall be competitively bid with
public bid openings. When critical to the successful completion of a subcontractor bid package and after publication of
notice of intent to determine bidder eligibility in a legal
newspaper of general circulation published in or as near as
possible to that part of the county in which the public work
will be done at least twenty days before requesting qualifications from interested subcontract bidders, the owner and
general contractor/construction manager may determine
subcontractor bidding eligibility using the following evaluation criteria:
(a) Adequate financial resources or the ability to secure
such resources;
(b) History of successful completion of a contract of
similar type and scope;
(c) Project management and project supervision personnel with experience on similar projects and the availability
of such personnel for the project;
(d) Current and projected workload and the impact the
project will have on the subcontractor’s current and projected
workload;
(e) Ability to accurately estimate the subcontract bid
package scope of work;
(f) Ability to meet subcontract bid package shop
drawing and other coordination procedures;
(g) Eligibility to receive an award under applicable laws
and regulations; and
(h) Ability to meet subcontract bid package scheduling
requirements.
The owner and general contractor/construction manager
shall weigh the evaluation criteria and determine a minimum
acceptable score to be considered an eligible subcontract
bidder.
After publication of notice of intent to determine bidder
eligibility, subcontractors requesting eligibility shall be
provided the evaluation criteria and weighting to be used by
the owner and general contractor/construction manager to
determine eligible subcontract bidders. After the owner and
general contractor/construction manager determine eligible
subcontract bidders, subcontractors requesting eligibility shall
be provided the results and scoring of the subcontract bidder
eligibility determination.
Subcontract bid packages shall be awarded to the
responsible bidder submitting the low responsive bid. The
requirements of RCW 39.30.060 apply to each subcontract
[Title 39 RCW—page 15]
39.10.061
Title 39 RCW: Public Contracts and Indebtedness
bid package. All subcontractors who bid work over three
hundred thousand dollars shall post a bid bond and all
subcontractors who are awarded a contract over three hundred thousand dollars shall provide a performance and
payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if
required by the general contractor/construction manager. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. Except as
provided for under subsection (7) of this section, bidding on
subcontract work by the general contractor/construction
manager or its subsidiaries is prohibited. The general
contractor/construction manager may negotiate with the lowresponsive bidder in accordance with RCW 39.10.080 or, if
unsuccessful in such negotiations, rebid.
(7) The general contractor/construction manager, or its
subsidiaries, may bid on subcontract work if:
(a) The work within the subcontract bid package is
customarily performed by the general contractor/construction
manager;
(b) The bid opening is managed by the public body; and
(c) Notification of the general contractor/construction
manager’s intention to bid is included in the public solicitation of bids for the bid package.
In no event may the value of subcontract work performed by the general contractor/construction manager
exceed thirty percent of the negotiated maximum allowable
construction cost.
(8) A public body may include an incentive clause in
any contract awarded under this section for savings of either
time or cost or both from that originally negotiated. No
incentives granted may exceed five percent of the maximum
allowable construction cost. If the project is completed for
less than the agreed upon maximum allowable construction
cost, any savings not otherwise negotiated as part of an
incentive clause shall accrue to the public body. If the
project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to
any contract change orders approved by the public body, the
additional cost shall be the responsibility of the general
contractor/construction manager. [2002 c 46 § 2; 2001 c 328
§ 3.]
Effective date—2002 c 46: See note following RCW 39.10.051.
Effective date—2001 c 328: See note following RCW 39.10.020.
39.10.065 Demonstration projects—Contract
deadline—Transfer of authority to other public body.
(Effective until July 1, 2007.) (1) In addition to the projects
authorized in *RCW 39.10.050 and 39.10.060, public bodies
may use the general contractor/construction manager or
design-build procedure for demonstration projects valued
between three million dollars and ten million dollars as
follows:
(a) Three demonstration projects by the department of
general administration; and
(b) One demonstration project by each of the public
bodies authorized in RCW 39.10.020(2) other than the
department of general administration.
(2) Public bodies shall give weight to proposers’
experience working on projects valued between three million
[Title 39 RCW—page 16]
dollars and ten million dollars in the evaluation process for
the selection of a general contractor/construction manager or
design-build firm for demonstration projects authorized in
subsection (1) of this section.
(3) Cities which supply water to over three hundred fifty
thousand people may use the design-build procedure for one
water system demonstration project valued over ten million
dollars. Use of the design-build procedure shall be deemed
to effect compliance with the requirement for competitive
bids under RCW 43.155.060.
(4) All contracts authorized under this section must be
entered into before July 1, 1999.
(5) In the event that a public body determines not to
perform a demonstration project using its authority under this
section, it may transfer its authority to another public body.
[1997 c 376 § 5.]
*Reviser’s note: RCW 39.10.050 and 39.10.060 were repealed by
2001 c 328 § 7.
Effective date—1997 c 376: See note following RCW 39.10.020.
39.10.067 School district capital demonstration
projects—Conditions. (Effective until July 1, 2007.) In
addition to the projects authorized in RCW 39.10.061, public
bodies may also use the general contractor/construction
manager contracting procedure for the construction of school
district capital demonstration projects, subject to the following conditions:
(1) The project must receive approval from the school
district project review board established under RCW
39.10.115.
(2) The school district project review board may not
authorize more than ten demonstration projects valued over
five million dollars, of which at least two demonstration
projects must be valued between five and ten million dollars.
[2002 c 46 § 3; 2000 c 209 § 3.]
Effective date—2002 c 46: See note following RCW 39.10.051.
39.10.070 Project management and contracting
requirements. (Effective until July 1, 2007.) (1) A public
body utilizing the alternative public works contracting
procedures authorized under *RCW 39.10.050 and 39.10.060
shall provide for:
(a) The preparation of appropriate, complete, and
coordinated design documents consistent with the procedure
utilized;
(b) To the extent appropriate, an independent review of
the contract documents through value engineering or
constructability studies prior to bid or proposal solicitation;
(c) Reasonable budget contingencies totaling not less
than five percent of the anticipated contract value;
(d) To the extent appropriate, on-site architectural or
engineering representatives during major construction or
installation phases;
(e) Employment of staff or consultants with expertise
and prior experience in the management of comparable
projects; and
(f) Contract documents that include alternative dispute
resolution procedures to be attempted prior to the initiation
of litigation.
(2) A public body utilizing the alternative public works
contracting procedures under *RCW 39.10.050 and
(2002 Ed.)
Alternative Public Works Contracting Procedures
39.10.060 may provide incentive payments to contractors for
early completion, cost savings, or other goals if such
payments are identified in the request for proposals. [1994
c 132 § 7.]
*Reviser’s note: RCW 39.10.050 and 39.10.060 were repealed by
2001 c 328 § 7.
39.10.080 Negotiated adjustments to lowest bid or
proposal—When allowed. (Effective until July 1, 2007.)
Notwithstanding the provisions of RCW 39.04.015, a public
body is authorized to negotiate an adjustment to the lowest
bid or proposal price for a public works project awarded
under *RCW 39.10.050 and 39.10.060 based upon agreed
changes to the contract plans and specifications under the
following conditions:
(1) All responsive bids or proposal prices exceed the
available funds, as certified by an appropriate fiscal officer;
(2) The apparent low-responsive bid or proposal does
not exceed the available funds by the greater of one hundred
twenty-five thousand dollars or two percent for projects
valued over ten million dollars; and
(3) The negotiated adjustment will bring the bid or
proposal price within the amount of available funds. [1994
c 132 § 8.]
*Reviser’s note: RCW 39.10.050 and 39.10.060 were repealed by
2001 c 328 § 7.
39.10.090 Construction of chapter—Waiver of other
limits and requirements. (Effective until July 1, 2007.)
This chapter shall not be construed to affect or modify the
existing statutory, regulatory, or charter powers of public
bodies except to the extent that a procedure authorized by
this chapter is adopted by a public body for a particular
public works project. In that event, the normal contracting
or procurement limits or requirements of a public body as
imposed by statute, ordinance, resolution, or regulation shall
be deemed waived or amended only to the extent necessary
to accommodate such procedures for a particular public
works project. [1994 c 132 § 9.]
39.10.100 Public inspection of certain records—
Protection of trade secrets. (Effective until July 1, 2007.)
(1) Except as provided in subsection (2) of this section, all
proceedings, records, contracts, and other public records
relating to alternative public works transactions under this
chapter shall be open to the inspection of any interested
person, firm, or corporation in accordance with chapter 42.17
RCW.
(2) Trade secrets, as defined in RCW 19.108.010, or
other proprietary information submitted by a bidder, offeror,
or contractor in connection with an alternative public works
transaction under this chapter shall not be subject to chapter
42.17 RCW if the bidder, offeror, or contractor specifically
states in writing the reasons why protection is necessary, and
identifies the data or materials to be protected. [1994 c 132
§ 10.]
39.10.115 School district project review board—
Established—Procedures. (Effective until July 1, 2007.)
(1) The school district project review board is established to
review school district proposals submitted by school districts
(2002 Ed.)
39.10.070
to use alternative public works contracting procedures. The
board shall select and approve qualified projects based upon
an evaluation of the information submitted by the school
district under subsection (2) of this section. After July 1,
2001, any appointments for full terms or to fill a vacancy
shall be made by the governor and shall include the following representatives, each having experience with public
works or commercial construction: One representative from
the office of the superintendent of public instruction; one
representative from the office of financial management; two
representatives from the construction industry, one of whom
works for a construction company with gross annual revenues of twenty million dollars or less; one representative
from the specialty contracting industry; one representative
from organized labor; one representative from the design
industry; one representative from a public body previously
authorized under this chapter to use an alternative public
works contracting procedure who has experience using such
alternative contracting procedures; one representative from
school districts with ten thousand or more annual average
full-time equivalent pupils; and one representative from
school districts with fewer than ten thousand average fulltime equivalent pupils. Each member shall be appointed for
a term of three years, with the first three-year term commencing after June 8, 2000. Any member of the school
district project review board who is directly affiliated with
any applicant before the board must recuse him or herself
from consideration of the application.
(2) A school district seeking to use alternative contracting procedures authorized under this chapter shall file an
application with the school district project review board.
The application form shall require the district to submit a
detailed statement of the proposed project, including the
school district’s name; student population based upon
October full-time equivalents; the current projected total
budget for the project, including the estimated construction
costs, costs for professional services, equipment and furnishing costs, off-site costs, contract administration costs, and
other related project costs; the anticipated project design and
construction schedule; a summary of the school district’s
construction activity for the preceding six years; and an
explanation of why the school district believes the use of an
alternative contracting procedure is in the public interest and
why the school district is qualified to use an alternative
contracting procedure, including a summary of the relevant
experience of the school district’s management team. The
applicant shall also provide in a timely manner any other
information concerning implementation of projects under this
chapter requested by the school district project review board
to assist in its consideration.
(3) Any school district whose application is approved by
the school district project review board shall comply with the
public notification and review requirements in RCW
39.10.030.
(4) Any school district whose application is approved by
the school district project review board shall not use as an
evaluation factor whether a contractor submitting a bid for
the approved project has had prior general contractor/construction manager procedure experience. [2001 c 328
§ 4; 2000 c 209 § 4.]
Effective date—2001 c 328: See note following RCW 39.10.020.
[Title 39 RCW—page 17]
39.10.120
Title 39 RCW: Public Contracts and Indebtedness
39.10.120 Application of chapter. (1) Except as
provided in subsections (2) and (3) of this section, the
alternative public works contracting procedures authorized
under this chapter are limited to public works contracts
signed before July 1, 2007. Methods of public works
contracting authorized by RCW *39.10.050 and 39.10.060 or
39.10.051 and 39.10.061 shall remain in full force and effect
until completion of contracts signed before July 1, 2007.
(2) For the purposes of a baseball stadium as defined in
RCW 82.14.0485, the design-build contracting procedures
under *RCW 39.10.050 shall remain in full force and effect
until completion of contracts signed before December 31,
1997.
(3) For the purposes of a stadium and exhibition center,
as defined in RCW 36.102.010, the design-build contracting
procedures under RCW *39.10.050 or 39.10.051 shall remain
in full force and effect until completion of contracts signed
before December 31, 2002.
(4) A public authority chartered by a city that is a
public body may utilize an alternative public works contracting procedure under this chapter only after receiving specific
authorization on a project-by-project basis from the governing body of the city. For purposes of public authorities
authorized to use alternative public works contracting
procedures under this chapter, the city chartering any such
public authority shall itself comply with RCW 39.10.030 on
behalf of the public authority. [2001 c 328 § 5. Prior:
1997 c 376 § 7; 1997 c 220 § 404 (Referendum Bill No. 48,
approved June 17, 1997); 1995 3rd sp.s. c 1 § 305; 1994 c
132 § 12.]
*Reviser’s note: RCW 39.10.050 and 39.10.060 were repealed by
2001 c 328 § 7.
Effective date—2001 c 328: See note following RCW 39.10.020.
Effective date—1997 c 376: See note following RCW 39.10.020.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Demonstration projects under RCW 39.10.065 limited to contracts entered
into before July 1, 1999: See RCW 39.10.065(4).
39.10.900 Captions not law—1994 c 132. (Effective
until July 1, 2007.) Captions as used in this act do not
constitute any part of law. [1994 c 132 § 13.]
39.10.901 Severability—1994 c 132. (Effective until
July 1, 2007.) If any provision of this act or its application
to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons
or circumstances is not affected. [1994 c 132 § 14.]
39.10.902 Repealer. The following acts or parts of
acts, as now existing or hereafter amended, are each repealed, effective July 1, 2007:
(1) RCW 39.10.010 and 1994 c 132 § 1;
(2) RCW 39.10.020 and 2001 c 328 § 1, 2000 c 209 §
1, 1997 c 376 § 1, & 1994 c 132 § 2;
[Title 39 RCW—page 18]
(3) RCW 39.10.030 and 1997 c 376 § 2 & 1994 c 132
§ 3;
(4) RCW 39.10.040 and 1994 c 132 § 4;
(5) RCW 39.10.051 and 2002 c 46 § 1 & 2001 c 328 §
2;
(6) RCW 39.10.061 and 2002 c 46 § 2 & 2001 c 328 §
3;
(7) RCW 39.10.065 and 1997 c 376 § 5;
(8) RCW 39.10.067 and 2002 c 46 § 3 & 2000 c 209 §
3;
(9) RCW 39.10.070 and 1994 c 132 § 7;
(10) RCW 39.10.080 and 1994 c 132 § 8;
(11) RCW 39.10.090 and 1994 c 132 § 9;
(12) RCW 39.10.100 and 1994 c 132 § 10;
(13) RCW 39.10.115 and 2001 c 328 § 4 & 2000 c 209
§ 4;
(14) RCW 39.10.900 and 1994 c 132 § 13; and
(15) RCW 39.10.901 and 1994 c 132 § 14. [2002 c 46
§ 4; 2001 c 328 § 6; 1997 c 376 § 8; 1995 3rd sp.s. c 1 §
306; 1994 c 132 § 15.]
Effective date—2002 c 46: See note following RCW 39.10.051.
Effective date—2001 c 328: See note following RCW 39.10.020.
Effective date—1997 c 376: See note following RCW 39.10.020.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Chapter 39.12
PREVAILING WAGES ON PUBLIC WORKS
Sections
39.12.010
39.12.015
Definitions.
Industrial statistician to make determinations of prevailing
rate.
39.12.020 Prevailing rate to be paid on public works and under public
building service maintenance contracts—Posting of
statement of intent.
39.12.021 Prevailing rate to be paid on public works—Apprentice
workers.
39.12.022 Vocationally handicapped—Exemption from RCW
39.12.020—Procedure.
39.12.025 Surveys—Applicability by county.
39.12.030 Contract specifications must state minimum hourly rate—
Stipulation for payment.
39.12.040 Statement of intent to pay prevailing wages, affidavit of
wages paid—Duty of public agencies to require—
Approval—Prerequisite to payment—Alternative procedure.
39.12.042 Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.
39.12.050 False statement or failure to file—Penalty—Unpaid wages
lien against bond and retainage—Prohibitions on bidding
on future contracts—Hearing.
39.12.060 Director of labor and industries to arbitrate disputes.
39.12.065 Investigation of complaints—Hearing—Remedies—
Penalties.
39.12.070 Fees authorized for approvals, certifications, and arbitrations.
39.12.080 Public works administration account—Created.
39.12.900 Severability—1945 c 63.
Enforcement of wage claims: RCW 49.48.040.
Hours of labor on public works: Chapter 49.28 RCW.
Workers’ compensation applicable to public works contracts: RCW
51.12.050, 51.12.070.
39.12.010 Definitions. (1) The "prevailing rate of
wage", for the intents and purposes of this chapter, shall be
the rate of hourly wage, usual benefits, and overtime paid in
(2002 Ed.)
Prevailing Wages on Public Works
the locality, as hereinafter defined, to the majority of
workers, laborers, or mechanics, in the same trade or
occupation. In the event that there is not a majority in the
same trade or occupation paid at the same rate, then the
average rate of hourly wage and overtime paid to such
laborers, workers, or mechanics in the same trade or occupation shall be the prevailing rate. If the wage paid by any
contractor or subcontractor to laborers, workers, or mechanics on any public work is based on some period of time
other than an hour, the hourly wage for the purposes of this
chapter shall be mathematically determined by the number
of hours worked in such period of time.
(2) The "locality" for the purposes of this chapter shall
be the largest city in the county wherein the physical work
is being performed.
(3) The "usual benefits" for the purposes of this chapter
shall include the amount of:
(a) The rate of contribution irrevocably made by a
contractor or subcontractor to a trustee or to a third person
pursuant to a fund, plan, or program; and
(b) The rate of costs to the contractor or subcontractor
which may be reasonably anticipated in providing benefits to
workers, laborers, and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or
program which was communicated in writing to the workers,
laborers, and mechanics affected, for medical or hospital
care, pensions on retirement or death, compensation for
injuries or illness resulting from occupational activity, or
insurance to provide any of the foregoing, for unemployment
benefits, life insurance, disability and sickness insurance, or
accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for
other bona fide fringe benefits, but only where the contractor
or subcontractor is not required by other federal, state, or
local law to provide any of such benefits.
(4) An "interested party" for the purposes of this chapter
shall include a contractor, subcontractor, an employee of a
contractor or subcontractor, an organization whose members’
wages, benefits, and conditions of employment are affected
by this chapter, and the director of labor and industries or
the director’s designee. [1989 c 12 § 6; 1985 c 15 § 1; 1965
ex.s. c 133 § 1; 1945 c 63 § 3; Rem. Supp. 1945 § 1032222.]
Severability—1985 c 15: See note following RCW 39.12.065.
39.12.015 Industrial statistician to make determinations of prevailing rate. All determinations of the prevailing rate of wage shall be made by the industrial statistician
of the department of labor and industries. [1965 ex.s. c 133
§ 2.]
39.12.020 Prevailing rate to be paid on public
works and under public building service maintenance
contracts—Posting of statement of intent. The hourly
wages to be paid to laborers, workers, or mechanics, upon
all public works and under all public building service
maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not
less than the prevailing rate of wage for an hour’s work in
the same trade or occupation in the locality within the state
where such labor is performed. For a contract in excess of
(2002 Ed.)
39.12.010
ten thousand dollars, a contractor required to pay the
prevailing rate of wage shall post in a location readily visible
to workers at the job site: PROVIDED, That on road
construction, sewer line, pipeline, transmission line, street, or
alley improvement projects for which no field office is
needed or established, a contractor may post the prevailing
rate of wage statement at the contractor’s local office, gravel
crushing, concrete, or asphalt batch plant as long as the
contractor provides a copy of the wage statement to any
employee on request:
(1) A copy of a statement of intent to pay prevailing
wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
(2) The address and telephone number of the industrial
statistician of the department of labor and industries where
a complaint or inquiry concerning prevailing wages may be
made.
This chapter shall not apply to workers or other persons
regularly employed on monthly or per diem salary by the
state, or any county, municipality, or political subdivision
created by its laws. [1989 c 12 § 7; 1982 c 130 § 1; 1981
c 46 § 1; 1967 ex.s. c 14 § 1; 1945 c 63 § 1; Rem. Supp.
1945 § 10322-20.]
39.12.021 Prevailing rate to be paid on public
works—Apprentice workers. Apprentice workers employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the
state apprenticeship council pursuant to chapter 49.04 RCW,
must be paid at least the prevailing hourly rate for an
apprentice of that trade. Any worker for whom an apprenticeship agreement has not been registered and approved by
the state apprenticeship council shall be considered to be a
fully qualified journey level worker, and, therefore, shall be
paid at the prevailing hourly rate for journey level workers.
[1989 c 12 § 8; 1963 c 93 § 1.]
39.12.022 Vocationally handicapped—Exemption
from RCW 39.12.020—Procedure. The director of the
department of labor and industries, to the extent necessary in
order to prevent curtailment of opportunities for employment, shall by regulations provide for the employment of
individuals whose earning capacity is impaired by physical
or mental deficiency or injury, under special certificates
issued by the director, at such wages lower than the prevailing rate applicable under RCW 39.12.020 and for such
period as shall be fixed in such certificates. [1972 ex.s. c 91
§ 1.]
39.12.025 Surveys—Applicability by county. (Effective if Referendum Bill No. 51 is approved at the November
2002 general election.) (1) In establishing the prevailing
rate of wage under RCW 39.12.010, 39.12.015, and
39.12.020, all data collected by the department may be used
only in the county for which the work was performed.
(2) This section only applies to prevailing wage surveys
initiated on or after August 1, 2002. [2002 c 5 § 306.]
Contingency—2002 c 5 §§ 301-308: See note following RCW
49.04.140.
Findings—Intent—2002 c 5: See note following RCW 49.04.140.
[Title 39 RCW—page 19]
39.12.025
Title 39 RCW: Public Contracts and Indebtedness
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
39.12.030 Contract specifications must state minimum hourly rate—Stipulation for payment. The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the
state or any county, municipality, or political subdivision
created by its laws is a party, shall contain a provision
stating the hourly minimum rate of wage, not less than the
prevailing rate of wage, which may be paid to laborers,
workers, or mechanics in each trade or occupation required
for such public work employed in the performance of the
contract either by the contractor, subcontractor or other
person doing or contracting to do the whole or any part of
the work contemplated by the contract, and the contract shall
contain a stipulation that such laborers, workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage. [1989 c 12 § 9; 1945 c 63 § 2; Rem.
Supp. 1945 § 10322-21.]
39.12.040 Statement of intent to pay prevailing
wages, affidavit of wages paid—Duty of public agencies
to require—Approval—Prerequisite to payment—
Alternative procedure. (1) Except as provided in subsection (2) of this section, before payment is made by or on
behalf of the state, or any county, municipality, or political
subdivision created by its laws, of any sum or sums due on
account of a public works contract, it shall be the duty of the
officer or person charged with the custody and disbursement
of public funds to require the contractor and each and every
subcontractor from the contractor or a subcontractor to submit to such officer a "Statement of Intent to Pay Prevailing
Wages". For a contract in excess of ten thousand dollars,
the statement of intent to pay prevailing wages shall include:
(a) The contractor’s registration certificate number; and
(b) The prevailing rate of wage for each classification
of workers entitled to prevailing wages under RCW
39.12.020 and the estimated number of workers in each
classification.
Each statement of intent to pay prevailing wages must
be approved by the industrial statistician of the department
of labor and industries before it is submitted to said officer.
Unless otherwise authorized by the department of labor and
industries, each voucher claim submitted by a contractor for
payment on a project estimate shall state that the prevailing
wages have been paid in accordance with the prefiled
statement or statements of intent to pay prevailing wages on
file with the public agency. Following the final acceptance
of a public works project, it shall be the duty of the officer
charged with the disbursement of public funds, to require the
contractor and each and every subcontractor from the
contractor or a subcontractor to submit to such officer an
"Affidavit of Wages Paid" before the funds retained according to the provisions of RCW 60.28.010 are released to the
contractor. Each affidavit of wages paid must be certified
by the industrial statistician of the department of labor and
industries before it is submitted to said officer.
(2) As an alternate to the procedures provided for in
subsection (1) of this section, for public works projects of
two thousand five hundred dollars or less:
[Title 39 RCW—page 20]
(a) An awarding agency may authorize the contractor or
subcontractor to submit the statement of intent to pay
prevailing wages directly to the officer or person charged
with the custody or disbursement of public funds in the
awarding agency without approval by the industrial statistician of the department of labor and industries. The awarding agency shall retain such statement of intent to pay
prevailing wages for a period of not less than three years.
(b) Upon final acceptance of the public works project,
the awarding agency shall require the contractor or subcontractor to submit an affidavit of wages paid. Upon receipt
of the affidavit of wages paid, the awarding agency may pay
the contractor or subcontractor in full, including funds that
would otherwise be retained according to the provisions of
RCW 60.28.010. Within thirty days of receipt of the
affidavit of wages paid, the awarding agency shall submit the
affidavit of wages paid to the industrial statistician of the
department of labor and industries for approval.
(c) A statement of intent to pay prevailing wages and an
affidavit of wages paid shall be on forms approved by the
department of labor and industries.
(d) In the event of a wage claim and a finding for the
claimant by the department of labor and industries where the
awarding agency has used the alternative process provided
for in subsection (2) of this section, the awarding agency
shall pay the wages due directly to the claimant. If the
contractor or subcontractor did not pay the wages stated in
the affidavit of wages paid, the awarding agency may take
action at law to seek reimbursement from the contractor or
subcontractor of wages paid to the claimant, and may
prohibit the contractor or subcontractor from bidding on any
public works contract of the awarding agency for up to one
year.
(e) Nothing in this section shall be interpreted to allow
an awarding agency to subdivide any public works project of
more than two thousand five hundred dollars for the purpose
of circumventing the procedures required by RCW
39.12.040(1). [1991 c 15 § 1; 1982 c 130 § 2; 1981 c 46 §
2; 1975-’76 2nd ex.s. c 49 § 1; 1965 ex.s. c 133 § 3; 1945
c 63 § 4; Rem. Supp. 1945 § 10322-23.]
39.12.042 Compliance with RCW 39.12.040—
Liability of public agencies to workers, laborers, or
mechanics. If any agency of the state, or any county,
municipality, or political subdivision created by its laws shall
knowingly fail to comply with the provisions of RCW
39.12.040 as now or hereafter amended, such agency of the
state, or county, municipality, or political subdivision created
by its laws, shall be liable to all workers, laborers, or
mechanics to the full extent and for the full amount of wages
due, pursuant to the prevailing wage requirements of RCW
39.12.020. [1993 c 404 § 3; 1989 c 12 § 11; 1975-’76 2nd
ex.s. c 49 § 2.]
Effective date—1993 c 404: See note following RCW 39.12.070.
39.12.050 False statement or failure to file—
Penalty—Unpaid wages lien against bond and
retainage—Prohibitions on bidding on future contracts—
Hearing. (1) Any contractor or subcontractor who files a
false statement or fails to file any statement or record required to be filed under this chapter and the rules adopted
(2002 Ed.)
Prevailing Wages on Public Works
under this chapter, shall, after a determination to that effect
has been issued by the director after hearing under chapter
34.05 RCW, forfeit as a civil penalty the sum of five
hundred dollars for each false filing or failure to file, and
shall not be permitted to bid, or have a bid considered, on
any public works contract until the penalty has been paid in
full to the director. The civil penalty under this subsection
shall not apply to a violation determined by the director to
be an inadvertent filing or reporting error. Civil penalties
shall be deposited in the public works administration account.
To the extent that a contractor or subcontractor has not
paid wages at the rate due pursuant to RCW 39.12.020, and
a finding to that effect has been made as provided by this
subsection, such unpaid wages shall constitute a lien against
the bonds and retainage as provided in RCW 18.27.040,
19.28.041, 39.08.010, and 60.28.010.
(2) If a contractor or subcontractor is found to have
violated the provisions of subsection (1) of this section for
a second time within a five year period, the contractor or
subcontractor shall be subject to the sanctions prescribed in
subsection (1) of this section and shall not be allowed to bid
on any public works contract for one year. The one year
period shall run from the date of notice by the director of the
determination of noncompliance. When an appeal is taken
from the director’s determination, the one year period shall
commence from the date of the final determination of the
appeal.
The director shall issue his or her findings that a
contractor or subcontractor has violated the provisions of this
subsection after a hearing held subject to the provisions of
chapter 34.05 RCW. [2001 c 219 § 1; 1985 c 15 § 3; 1977
ex.s. c 71 § 1; 1973 c 120 § 1; 1945 c 63 § 5; Rem. Supp.
1945 § 10322-24.]
Severability—1985 c 15: See note following RCW 39.12.065.
39.12.060 Director of labor and industries to
arbitrate disputes. Such contract shall contain a further
provision that in case any dispute arises as to what are the
prevailing rates of wages for work of a similar nature and
such dispute cannot be adjusted by the parties in interest,
including labor and management representatives, the matter
shall be referred for arbitration to the director of the department of labor and industries of the state and his or her
decision therein shall be final and conclusive and binding on
all parties involved in the dispute. [1989 c 12 § 10; 1965
ex.s. c 133 § 4; 1945 c 63 § 6; Rem. Supp. 1945 § 1032225.]
Arbitration: Chapters 7.04 and 49.08 RCW.
39.12.065 Investigation of complaints—Hearing—
Remedies—Penalties. (1) Upon complaint by an interested
party, the director of labor and industries shall cause an
investigation to be made to determine whether there has been
compliance with this chapter and the rules adopted hereunder, and if the investigation indicates that a violation may
have occurred, a hearing shall be held in accordance with
chapter 34.05 RCW. The director shall issue a written
determination including his or her findings after the hearing.
A judicial appeal from the director’s determination may be
taken in accordance with chapter 34.05 RCW, with the
(2002 Ed.)
39.12.050
prevailing party entitled to recover reasonable costs and
attorneys fees.
A complaint concerning nonpayment of the prevailing
rate of wage shall be filed with the department of labor and
industries no later than thirty days from the acceptance date
of the public works project. The failure to timely file such
a complaint shall not prohibit a claimant from pursuing a
private right of action against a contractor or subcontractor
for unpaid prevailing wages. The remedy provided by this
section is not exclusive and is concurrent with any other
remedy provided by law.
(2) To the extent that a contractor or subcontractor has
not paid the prevailing rate of wage under a determination
issued as provided in subsection (1) of this section, the
director shall notify the agency awarding the public works
contract of the amount of the violation found, and the
awarding agency shall withhold, or in the case of a bond, the
director shall proceed against the bond in accordance with
the applicable statute to recover, such amount from the
following sources in the following order of priority until the
total of such amount is withheld:
(a) The retainage or bond in lieu of retainage as
provided in RCW 60.28.010;
(b) If the claimant was employed by the contractor or
subcontractor on the public works project, the bond filed by
the contractor or subcontractor with the department of labor
and industries as provided in RCW 18.27.040 and 19.28.041;
(c) A surety bond, or at the contractor’s or
subcontractor’s option an escrow account, running to the
director in the amount of the violation found; and
(d) That portion of the progress payments which is
properly allocable to the contractor or subcontractor who is
found to be in violation of this chapter. Under no circumstances shall any portion of the progress payments be withheld that are properly allocable to a contractor, subcontractor, or supplier, that is not found to be in violation of this
chapter.
The amount withheld shall be released to the director to
distribute in accordance with the director’s determination.
(3) A contractor or subcontractor that is found, in accordance with subsection (1) of this section, to have violated the
requirement to pay the prevailing rate of wage shall be
subject to a civil penalty of not less than one thousand
dollars or an amount equal to twenty percent of the total
prevailing wage violation found on the contract, whichever
is greater, and shall not be permitted to bid, or have a bid
considered, on any public works contract until such civil
penalty has been paid in full to the director. If a contractor
or subcontractor is found to have participated in a violation
of the requirement to pay the prevailing rate of wage for a
second time within a five-year period, the contractor or
subcontractor shall be subject to the sanctions prescribed in
this subsection and as an additional sanction shall not be
allowed to bid on any public works contract for two years.
Civil penalties shall be deposited in the public works
administration account. If a previous or subsequent violation
of a requirement to pay a prevailing rate of wage under
federal or other state law is found against the contractor or
subcontractor within five years from a violation under this
section, the contractor or subcontractor shall not be allowed
to bid on any public works contract for two years. A
contractor or subcontractor shall not be barred from bidding
[Title 39 RCW—page 21]
39.12.065
Title 39 RCW: Public Contracts and Indebtedness
on any public works contract if the contractor or subcontractor relied upon written information from the department to
pay a prevailing rate of wage that is later determined to be
in violation of this chapter. The civil penalty and sanctions
under this subsection shall not apply to a violation determined by the director to be an inadvertent filing or reporting
error. To the extent that a contractor or subcontractor has
not paid the prevailing wage rate under a determination
issued as provided in subsection (1) of this section, the
unpaid wages shall constitute a lien against the bonds and
retainage as provided herein and in RCW 18.27.040,
19.28.041, 39.08.010, and 60.28.010. [2001 c 219 § 2; 1994
c 88 § 1; 1985 c 15 § 2.]
Severability—1985 c 15: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 15 § 4.]
39.12.070 Fees authorized for approvals, certifications, and arbitrations. (Effective unless Referendum Bill
No. 51 is approved at the November 2002 general election.)
The department of labor and industries may charge fees to
awarding agencies on public works for the approval of
statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also
charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of
the fees shall be established by rules adopted by the department under the procedures in the administrative procedure
act, chapter 34.05 RCW. The fees shall apply to all approvals, certifications, and arbitration requests made after the
effective date of the rules. All fees shall be deposited in the
public works administration account. On the fifteenth day of
the first month of each quarterly period, an amount equalling
thirty percent of the revenues received into the public works
administration account shall be transferred into the general
fund. The department may refuse to arbitrate for contractors, subcontractors, persons, or organizations which have
not paid the proper fees. The department may, if necessary,
request the attorney general to take legal action to collect
delinquent fees.
The department shall set the fees permitted by this
section at a level that generates revenue that is as near as
practicable to the amount of the appropriation to administer
this chapter, including, but not limited to, the performance
of adequate wage surveys, and to investigate and enforce all
alleged violations of this chapter, including, but not limited
to, incorrect statements of intent to pay prevailing wage,
incorrect certificates of affidavits of wages paid, and wage
claims, as provided for in this chapter and chapters 49.48
and 49.52 RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the
certification of affidavits of wages paid shall be no greater
than twenty-five dollars. [1993 c 404 § 1; 1982 1st ex.s. c
38 § 1.]
Effective date—1993 c 404: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 404 § 4.]
39.12.070 Fees authorized for approvals, certifications, and arbitrations. (Effective if Referendum Bill No.
[Title 39 RCW—page 22]
51 is approved at the November 2002 general election.)
The department of labor and industries may charge fees to
awarding agencies on public works for the approval of
statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also
charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of
the fees shall be established by rules adopted by the department under the procedures in the administrative procedure
act, chapter 34.05 RCW. The fees shall apply to all approvals, certifications, and arbitration requests made after the
effective date of the rules. All fees shall be deposited in the
public works administration account. The department may
refuse to arbitrate for contractors, subcontractors, persons, or
organizations which have not paid the proper fees. The
department may, if necessary, request the attorney general to
take legal action to collect delinquent fees.
The department shall set the fees permitted by this
section at a level that generates revenue that is as near as
practicable to the amount of the appropriation to administer
this chapter, including, but not limited to, the performance
of adequate wage surveys, and to investigate and enforce all
alleged violations of this chapter, including, but not limited
to, incorrect statements of intent to pay prevailing wage,
incorrect certificates of affidavits of wages paid, and wage
claims, as provided for in this chapter and chapters 49.48
and 49.52 RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the
certification of affidavits of wages paid shall be no greater
than twenty-five dollars. [2002 c 5 § 307; 1993 c 404 § 1;
1982 1st ex.s. c 38 § 1.]
Contingency—2002 c 5 §§ 301-308: See note following RCW
49.04.140.
Findings—Intent—2002 c 5: See note following RCW 49.04.140.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Effective date—1993 c 404: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 404 § 4.]
39.12.080 Public works administration account—
Created. (Effective unless Referendum Bill No. 51 is
approved at the November 2002 general election.) The
public works administration account is created in the state
treasury. The department of labor and industries shall
deposit in the account all moneys received from fees or civil
penalties collected under RCW 39.12.050, 39.12.065, and
39.12.070. Appropriations from the account, not including
moneys transferred to the general fund pursuant to RCW
39.12.070, may be made only for the purposes of administration of this chapter, including, but not limited to, the
performance of adequate wage surveys, and for the investigation and enforcement of all alleged violations of this
chapter as provided for in this chapter and chapters 49.48
and 49.52 RCW. [2001 c 219 § 3; 1993 c 404 § 2.]
Effective date—1993 c 404: See note following RCW 39.12.070.
39.12.080 Public works administration account—
Created. (Effective if Referendum Bill No. 51 is approved
at the November 2002 general election.) The public works
administration account is created in the state treasury. The
(2002 Ed.)
Prevailing Wages on Public Works
department of labor and industries shall deposit in the
account all moneys received from fees or civil penalties
collected under RCW 39.12.050, 39.12.065, and 39.12.070.
Appropriations from the account may be made only for the
purposes of administration of this chapter, including, but not
limited to, the performance of adequate wage surveys, and
for the investigation and enforcement of all alleged violations of this chapter as provided for in this chapter and
chapters 49.48 and 49.52 RCW. [2002 c 5 § 308; 2001 c
219 § 3; 1993 c 404 § 2.]
Contingency—2002 c 5 §§ 301-308: See note following RCW
49.04.140.
Findings—Intent—2002 c 5: See note following RCW 49.04.140.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Effective date—1993 c 404: See note following RCW 39.12.070.
39.12.900 Severability—1945 c 63. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
[1945 c 63 § 7.]
Chapter 39.19
OFFICE OF MINORITY AND WOMEN’S
BUSINESS ENTERPRISES
Sections
39.19.010
39.19.020
39.19.030
Intent.
Definitions.
Office of minority and women’s business enterprises—
Director—Powers and duties.
39.19.041 Ad hoc advisory committees.
39.19.050 Standard clauses required in requests for proposals, advertisements, and bids.
39.19.060 Compliance with public works and procurement goals—Plan
to maximize opportunity for minority and women-owned
businesses.
39.19.070 Compliance with goals—Bidding procedures.
39.19.075 Compliance with goals—Valuation of goods or services.
39.19.080 Prohibited activities—Penalties.
39.19.090 Compliance with chapter or contract—Remedies.
39.19.100 Enforcement by attorney general—Injunctive relief.
39.19.110 Enforcement by attorney general—Investigative powers.
39.19.120 Certification of business enterprises.
39.19.140 Implementation of statewide certification.
39.19.150 Local government may petition for reconsideration of business certification.
39.19.160 Local government responsible for monitoring compliance.
39.19.170 Prequalification of minority and women-owned businesses—
Waiver of performance bond.
39.19.200 Minority and women’s business enterprises account—
Created.
39.19.210 Businesses using the office—Fees.
39.19.220 Political subdivisions—Fees.
39.19.230 State agencies and educational institutions—Fees.
39.19.240 Linked deposit program—Compilation of information—
Notification regarding enterprises no longer certified.
39.19.910 Effective date—Applicability—1983 c 120.
39.19.920 Severability—Conflict with federal requirements—1983 c
120.
39.19.921 Severability—1987 c 328.
Minority and women business development office: RCW 43.31.0925.
39.19.010 Intent. The legislature finds that minority
and women-owned businesses are significantly under(2002 Ed.)
39.12.080
represented and have been denied equitable competitive
opportunities in contracting. It is the intent of this chapter
to mitigate societal discrimination and other factors in
participating in public works and in providing goods and
services and to delineate a policy that an increased level of
participation by minority and women-owned and controlled
businesses is desirable at all levels of state government. The
purpose and intent of this chapter are to provide the maximum practicable opportunity for increased participation by
minority and women-owned and controlled businesses in
participating in public works and the process by which goods
and services are procured by state agencies and educational
institutions from the private sector. [1987 c 328 § 1; 1983
c 120 § 1.]
39.19.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advisory committee" means the advisory committee
on minority and women’s business enterprises.
(2) "Broker" means a person that provides a bona fide
service, such as professional, technical, consultant, brokerage, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials,
or supplies required for performance of a contract.
(3) "Director" means the director of the office of
minority and women’s business enterprises.
(4) "Educational institutions" means the state universities, the regional universities, The Evergreen State College,
and the community colleges.
(5) "Goals" means annual overall agency goals, expressed as a percentage of dollar volume, for participation by
minority and women-owned and controlled businesses and
shall not be construed as a minimum goal for any particular
contract or for any particular geographical area. It is the intent of this chapter that such overall agency goals shall be
achievable and shall be met on a contract-by-contract or
class-of-contract basis.
(6) "Goods and/or services" includes professional
services and all other goods and services.
(7) "Office" means the office of minority and women’s
business enterprises.
(8) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives,
legal representatives, trustees and receivers, or any group of
persons.
(9) "Procurement" means the purchase, lease, or rental
of any goods or services.
(10) "Public works" means all work, construction,
highway and ferry construction, alteration, repair, or improvement other than ordinary maintenance, which a state
agency or educational institution is authorized or required by
law to undertake.
(11) "State agency" includes the state of Washington
and all agencies, departments, offices, divisions, boards,
commissions, and correctional and other types of institutions.
[1996 c 69 § 4; 1987 c 328 § 2; 1983 c 120 § 2.]
Intent—1996 c 69: See note following RCW 39.19.030.
39.19.030 Office of minority and women’s business
enterprises—Director—Powers and duties. There is
[Title 39 RCW—page 23]
39.19.030
Title 39 RCW: Public Contracts and Indebtedness
hereby created the office of minority and women’s business
enterprises. The governor shall appoint a director for the
office, subject to confirmation by the senate. The director
may employ a deputy director and a confidential secretary,
both of which shall be exempt under chapter 41.06 RCW,
and such staff as are necessary to carry out the purposes of
this chapter.
The office shall consult with the minority and women’s
business enterprises advisory committee to:
(1) Develop, plan, and implement programs to provide
an opportunity for participation by qualified minority and
women-owned and controlled businesses in public works and
the process by which goods and services are procured by
state agencies and educational institutions from the private
sector;
(2) Develop a comprehensive plan insuring that qualified minority and women-owned and controlled businesses
are provided an opportunity to participate in public contracts
for public works and goods and services;
(3) Identify barriers to equal participation by qualified
minority and women-owned and controlled businesses in all
state agency and educational institution contracts;
(4) Establish annual overall goals for participation by
qualified minority and women-owned and controlled businesses for each state agency and educational institution to be
administered on a contract-by-contract basis or on a class-ofcontracts basis;
(5) Develop and maintain a central minority and
women’s business enterprise certification list for all state
agencies and educational institutions. No business is entitled
to certification under this chapter unless it meets the definition of small business concern as established by the office.
All applications for certification under this chapter shall be
sworn under oath;
(6) Develop, implement, and operate a system of
monitoring compliance with this chapter;
(7) Adopt rules under chapter 34.05 RCW, the Administrative Procedure Act, governing: (a) Establishment of
agency goals; (b) development and maintenance of a central
minority and women’s business enterprise certification program, including a definition of "small business concern"
which shall be consistent with the small business requirements defined under section 3 of the Small Business Act, 15
U.S.C. Sec. 632, and its implementing regulations as guidance; (c) procedures for monitoring and enforcing compliance with goals, regulations, contract provisions, and this
chapter; (d) utilization of standard clauses by state agencies
and educational institutions, as specified in RCW 39.19.050;
and (e) determination of an agency’s or educational
institution’s goal attainment consistent with the limitations of
RCW 39.19.075;
(8) Submit an annual report to the governor and the
legislature outlining the progress in implementing this
chapter;
(9) Investigate complaints of violations of this chapter
with the assistance of the involved agency or educational
institution; and
(10) Cooperate and act jointly or by division of labor
with the United States or other states, and with political
subdivisions of the state of Washington and their respective
minority, socially and economically disadvantaged and
women business enterprise programs to carry out the
[Title 39 RCW—page 24]
purposes of this chapter. However, the power which may be
exercised by the office under this subsection permits investigation and imposition of sanctions only if the investigation relates to a possible violation of chapter 39.19 RCW,
and not to violation of local ordinances, rules, regulations,
however denominated, adopted by political subdivisions of
the state. [1996 c 69 § 5; 1989 c 175 § 85; 1987 c 328 § 3;
1983 c 120 § 3.]
Intent—1996 c 69: "It is the intent of the legislature to ensure that
the counting of the dollar value of an agency’s or educational institution’s
expenditures to certified minority and women’s business enterprises
meaningfully reflects the actual financial participation of the certified
businesses." [1996 c 69 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
39.19.041 Ad hoc advisory committees. The director
may establish ad hoc advisory committees, as necessary, to
assist in the development of policies to carry out the purposes of this chapter. [1995 c 269 § 1302.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
39.19.050 Standard clauses required in requests for
proposals, advertisements, and bids. The rules adopted
under RCW 39.19.030 shall include requirements for
standard clauses in requests for proposals, advertisements,
bids, or calls for bids, necessary to carry out the purposes of
this chapter, which shall include notice of the statutory
penalties under RCW 39.19.080 and 39.19.090 for noncompliance. [1983 c 120 § 5.]
39.19.060 Compliance with public works and
procurement goals—Plan to maximize opportunity for
minority and women-owned businesses. Each state agency
and educational institution shall comply with the annual
goals established for that agency or institution under this
chapter for public works and procuring goods or services.
This chapter applies to all public works and procurement by
state agencies and educational institutions, including all
contracts and other procurement under chapters 28B.10,
39.04, 39.29, 43.19, and 47.28 RCW. Each state agency
shall adopt a plan, developed in consultation with the
director and the advisory committee, to insure that minority
and women-owned businesses are afforded the maximum
practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works
and goods and services. The plan shall include specific
measures the agency will undertake to increase the participation of certified minority and women-owned businesses. The
office shall annually notify the governor, the state auditor,
and the joint legislative audit and review committee of all
agencies and educational institutions not in compliance with
this chapter. [1996 c 288 § 28; 1993 c 512 § 9; 1983 c 120
§ 6.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Compliance with chapter 39.19 RCW: RCW 28B.10.023, 39.04.160,
39.29.050, 43.19.536, 47.28.030, 47.28.050, 47.28.090.
39.19.070 Compliance with goals—Bidding procedures. It is the intent of this chapter that the goals estab(2002 Ed.)
Office of Minority and Women’s Business Enterprises
lished under this chapter for participation by minority and
women-owned and controlled businesses be achievable. If
necessary to accomplish this intent, contracts may be
awarded to the next lowest responsible bidder in turn, or all
bids may be rejected and new bids obtained, if the lowest
responsible bidder does not meet the goals established for a
particular contract under this chapter. The dollar value of
the total contract used for the calculation of the specific
contract goal may be increased or decreased to reflect
executed change orders. An apparent low-bidder must be in
compliance with the contract provisions required under this
chapter as a condition precedent to the granting of a notice
of award by any state agency or educational institution.
[1994 c 15 § 1; 1987 c 328 § 4; 1983 c 120 § 7.]
39.19.075 Compliance with goals—Valuation of
goods or services. For purposes of measuring an agency’s
or educational institution’s goal attainment, any regulations
adopted under RCW 39.19.030(7)(e) must provide that if a
certified minority and women’s business enterprise is a
broker of goods or materials required under a contract, the
contracting agency or educational institution may count only
the dollar value of the fee or commission charged and not
the value of goods or materials provided. The contracting
agency or educational institution may, at its discretion, fix
the dollar value of the fee or commission charged at either
the actual dollar value of the fee or commission charged or
at a standard percentage of the total value of the brokered
goods, which percentage must reflect the fees or commissions generally paid to brokers for providing such services.
[1996 c 69 § 6.]
Intent—1996 c 69: See note following RCW 39.19.030.
39.19.080 Prohibited activities—Penalties. (1) A
person, firm, corporation, business, union, or other organization shall not:
(a) Prevent or interfere with a contractor’s or
subcontractor’s compliance with this chapter, or any rule
adopted under this chapter;
(b) Submit false or fraudulent information to the state
concerning compliance with this chapter or any such rule;
(c) Fraudulently obtain, retain, attempt to obtain or
retain, or aid another in fraudulently obtaining or retaining
or attempting to obtain or retain certification as a minority
or women’s business enterprise for the purpose of this
chapter;
(d) Knowingly make a false statement, whether by
affidavit, verified statement, report, or other representation,
to a state official or employee for the purpose of influencing
the certification or denial of certification of any entity as a
minority or women’s business enterprise;
(e) Knowingly obstruct, impede, or attempt to obstruct
or impede any state official or employee who is investigating
the qualification of a business entity that has requested
certification as a minority or women’s business enterprise;
(f) Fraudulently obtain, attempt to obtain, or aid another
person in fraudulently obtaining or attempting to obtain
public moneys to which the person is not entitled under this
chapter; or
(g) Knowingly make false statements that any entity is
or is not certified as a minority or women’s business
(2002 Ed.)
39.19.070
enterprise for purposes of obtaining a contract governed by
this chapter.
(2) Any person or entity violating this chapter or any
rule adopted under this chapter shall be subject to the
penalties in RCW 39.19.090. Nothing in this section
prevents the state agency or educational institution from
pursuing such procedures or sanctions as are otherwise
provided by statute, rule, or contract provision. [1987 c 328
§ 5; 1983 c 120 § 8.]
39.19.090 Compliance with chapter or contract—
Remedies. If a person, firm, corporation, or business does
not comply with any provision of this chapter or with a
contract requirement established under this chapter, the state
may withhold payment, debar the contractor, suspend, or
terminate the contract and subject the contractor to civil
penalties of up to ten percent of the amount of the contract
or up to five thousand dollars for each violation. The office
shall adopt, by rule, criteria for the imposition of penalties
under this section. Wilful repeated violations, exceeding a
single violation, may disqualify the contractor from further
participation in state contracts for a period of up to three
years. An apparent low-bidder must be in compliance with
the contract provisions required under this chapter as a
condition precedent to the granting of a notice of award by
any state agency or educational institution.
The office shall follow administrative procedures under
chapter 34.05 RCW in determining a violation and imposing
penalties under this chapter.
The procedures and sanctions in this section are not
exclusive; nothing in this section prevents the state agency
or educational institution administering the contracts from
pursuing such procedures or sanctions as are otherwise
provided by statute, rule, or contract provision. [1987 c 328
§ 6; 1983 c 120 § 9.]
39.19.100 Enforcement by attorney general—
Injunctive relief. The attorney general may bring an action
in the name of the state against any person to restrain and
prevent the doing of any act prohibited or declared to be
unlawful in this chapter. The attorney general may, in the
discretion of the court, recover the costs of the action
including reasonable attorneys’ fees and the costs of investigation. [1987 c 328 § 12.]
39.19.110 Enforcement by attorney general—
Investigative powers. (1) Whenever the attorney general
believes that any person (a) may be in possession, custody,
or control of any original or copy of any book, record,
report, memorandum, paper, communication, tabulation, map,
chart, photograph, mechanical transcription, or other tangible
document or recording, wherever situated, that the attorney
general believes to be relevant to the subject matter of an
investigation, the attorney general may require such person
to answer written interrogatories or give oral testimony
regarding a possible violation of this chapter, or of any
provision of a contract as required by this chapter, or (b)
may have knowledge of any information that the attorney
general believes relevant to the subject matter of such an
investigation, the attorney general may, before instituting a
civil proceeding thereon, execute in writing and cause to be
[Title 39 RCW—page 25]
39.19.110
Title 39 RCW: Public Contracts and Indebtedness
served upon such a person, a civil investigative demand
requiring the person to produce the documentary material
and permit inspection and copying, to answer in writing
written interrogatories, to give oral testimony, or any
combination of demands pertaining to the documentary
material or information. Documents and information
obtained under this section shall not be admissible in
criminal prosecutions.
(2) Each such demand shall:
(a) State the statute, the alleged violation of which is
under investigation, and the general subject matter of the
investigation;
(b) State with reasonable specificity what documentary
material is required, if the demand is for the production of
documentary material;
(c) Prescribe a return date governed by the court rules
within which the documentary material is to be produced, the
answers to written interrogatories are to be made, or a date,
time, and place at which oral testimony is to be taken; and
(d) Identify the members of the attorney general’s staff
to whom such documentary material is to be made available
for inspection and copying, to whom answers to written
interrogatories are to be made, or who are to conduct the
examination for oral testimony.
(3) No such demand may:
(a) Contain any requirement that would be unreasonable
or improper if contained in a subpoena duces tecum, a
request for answers to written interrogatories, or a notice of
deposition upon oral examination issued under the court
rules of this state; or
(b) Require the disclosure of any documentary material
which would be privileged, or which for any other reason
would not be required by a subpoena duces tecum issued by
a court of this state.
(4) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the
person to be served, or, if that person is not a natural person,
to any officer or managing agent of the person to be served;
(b) Delivering a duly executed copy thereof to the
principal place of business in this state of the person to be
served; or
(c) Mailing by registered or certified mail a duly
executed copy thereof addressed to the person to be served
at the principal place of business in this state, or, if that
person has no place of business in this state, to the person’s
principal office or place of business.
(5)(a) Documentary material demanded under this
section shall be produced for inspection and copying during
normal business hours at the principal office or place of
business of the person served, or at such other times and
places as may be agreed upon by the person served and the
attorney general;
(b) Written interrogatories in a demand served under
this section shall be answered in the same manner as
provided in the civil rules for superior court;
(c) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
same manner as provided in the civil rules for superior court
for the taking of depositions. In the course of the deposition, the assistant attorney general conducting the examination may exclude all persons other than the person being
examined, the person’s counsel, and the officer before whom
[Title 39 RCW—page 26]
the testimony is to be taken from the place where the
examination is held;
(d) Any person compelled to appear pursuant to a
demand for oral testimony under this section may be
accompanied by counsel;
(e) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
county within which the person resides, is found, or transacts
business, or in such other place as may be agreed upon
between the person served and the attorney general.
(6) No documentary material, answers to written
interrogatories, or transcripts of oral testimony produced
pursuant to a demand, or copies thereof, may, unless otherwise ordered by a superior court for good cause shown, be
produced for inspection or copying by, nor may the contents
thereof be disclosed to, anyone other than an authorized
employee or agent of the attorney general, without the consent of the person who produced such material, answered
written interrogatories, or gave oral testimony: PROVIDED,
That under such reasonable terms and conditions as the
attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and
copying by the person who produced the material, answered
written interrogatories, or gave oral testimony, or any duly
authorized representative of that person. The attorney
general or any assistant attorney general may use such copies
of documentary material, answers to written interrogatories,
or transcripts of oral testimony as he or she determines
necessary to enforce this chapter, including presentation
before any court: PROVIDED FURTHER, That any such
material, answers to written interrogatories, or transcripts of
oral testimony that contain material designated by the
declarant to be trade secrets shall not be presented except
with the approval of the court in which the action is pending
after adequate notice to the person furnishing the material,
answers to written interrogatories, or oral testimony.
(7) At any time before the return date specified in the
demand, or within twenty days after the demand has been
served, whichever period is shorter, a petition to extend the
return date for, or to modify or set aside a demand issued
pursuant to subsection (1) of this section, stating good cause,
may be filed in the superior court for Thurston county, or in
any other county where the parties reside or are found. A
petition, by the person on whom the demand is served,
stating good cause, to require the attorney general or any
person to perform any duty imposed by this section, and all
other petitions in connection with a demand, may be filed in
the superior court for Thurston county, or in the county
where the parties reside. The court shall have jurisdiction to
impose such sanctions as are provided for in the civil rules
for superior court with respect to discovery motions.
(8) Whenever any person fails to comply with any civil
investigative demand for documentary material, answers to
written interrogatories, or oral testimony duly served upon
that person under this section, or whenever satisfactory
copying or reproduction of any such material cannot be done
and the person refuses to surrender such material, the
attorney general may file, in the trial court of general
jurisdiction in the county in which the person resides, is
found, or transacts business, and serve upon that person a
petition for an order of the court for the enforcement of this
(2002 Ed.)
Office of Minority and Women’s Business Enterprises
section, except that if such person transacts business in more
than one county, the petition shall be filed in the county in
which the person maintains his or her principal place of
business or in such other county as may be agreed upon by
the parties to the petition. Whenever any petition is filed
under this section in the trial court of general jurisdiction in
any county, the court shall have jurisdiction to hear and
determine the matter so presented and to enter such order or
orders as may be required to carry into effect this section,
and may impose such sanctions as are provided for in the
civil rules for superior court with respect to discovery
motions. [1987 c 328 § 13.]
39.19.120 Certification of business enterprises. The
office shall be the sole authority to perform certification of
minority business enterprises, socially and economically
disadvantaged business enterprises, and women’s business
enterprises throughout the state of Washington. Certification
by the state office will allow these firms to participate in
programs for these enterprises administered by the state of
Washington, any city, town, county, special purpose district,
public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of
Washington.
This statewide certification process will prevent duplication of effort, achieve efficiency, and permit local jurisdictions to further develop, implement, and/or enhance comprehensive systems of monitoring and compliance for contracts
issued by their agencies. [1987 c 328 § 7.]
39.19.140 Implementation of statewide certification.
Implementation of statewide certification shall be effective
January 1, 1988, following consultation by the office with
appropriate state and local officials who currently administer
similar certification programs. Any business having been
certified under any of the programs identified pursuant to
*RCW 39.19.130 as a minority and women’s business
enterprise shall be deemed certified by the office as of January 1, 1988. [1987 c 328 § 9.]
*Reviser’s note: RCW 39.19.130 expired June 30, 1991.
39.19.150 Local government may petition for
reconsideration of business certification. (1) Any city,
county, town, special purpose district, public corporation
created by the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular
minority and women’s business enterprise should not have
been certified under RCW 39.19.140 may petition the office
for reconsideration. The basis for the petition may be one
or more of the following:
(a) The office’s rules or regulations were improperly applied; or
(b) Material facts relating to the minority and women’s
business enterprise’s certification application to the office are
untrue.
(2) The petitioner shall carry the burden of persuasion.
The affected minority or women’s business enterprise shall
receive notice of the petition and an opportunity to respond.
(3) After reviewing the information presented in support
of and in opposition to the petition, the office shall issue a
written decision, granting or denying the petition. If the
(2002 Ed.)
39.19.110
office grants the petition, it may revoke, suspend, or refuse
to renew the certification or impose sanctions under this
chapter as appropriate.
(4) The office’s decision on a petition is administratively final and the rights of appeal set out in the office regulations shall apply. A certification shall remain in effect while
a petition is pending. [1987 c 328 § 10.]
39.19.160 Local government responsible for monitoring compliance. Any city, town, county, special purpose
district, public corporation created by the state, municipal
corporation, or quasi-municipal corporation within the state
of Washington utilizing the certification by the office retains
the responsibility for monitoring compliance with the
programs under its jurisdiction. The office shall not be
responsible for enforcement of local ordinances, rules, or
regulations, however titled. [1987 c 328 § 11.]
39.19.170 Prequalification of minority and womenowned businesses—Waiver of performance bond. (1)
State agencies shall not require a performance bond for any
public works project that does not exceed twenty-five
thousand dollars awarded to a prequalified and certified
minority or woman-owned business that has been
prequalified as provided under subsection (2) of this section.
(2) A limited prequalification questionnaire shall be
required assuring:
(a) That the bidder has adequate financial resources or
the ability to secure such resources;
(b) That the bidder can meet the performance schedule;
(c) That the bidder is experienced in the type of work
to be performed; and
(d) That all equipment to be used is adequate and
functioning and that all equipment operators are qualified to
operate such equipment. [1993 c 512 § 10.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
39.19.200 Minority and women’s business enterprises account—Created. The minority and women’s business
enterprises account is created in the custody of the state
treasurer. All receipts from RCW 39.19.210, 39.19.220, and
39.19.230 shall be deposited in the account. Expenditures
from the account may be used only for the purposes defraying all or part of the costs of the office in administering this
chapter. Only the director or the director’s designee may
authorize expenditures from the account. Moneys in the
account may be spent only after appropriation. [1993 c 195
§ 1.]
Effective date of 1993 c 195—1993 sp.s. c 24: "Chapter 195, Laws
of 1993 is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1993." [1993 sp.s. c 24 § 930.]
39.19.210 Businesses using the office—Fees. The
office may charge a reasonable fee or other appropriate
charge, to be set by rule adopted by the office under chapter
34.05 RCW, to a business using the services of the office.
[1993 c 195 § 2.]
Effective date of 1993 c 195—1993 sp.s. c 24: See note following
RCW 39.19.200.
[Title 39 RCW—page 27]
39.19.220
Title 39 RCW: Public Contracts and Indebtedness
39.19.220 Political subdivisions—Fees. The office
may charge to a political subdivision in this state a reasonable fee or other appropriate charge, to be set by rule
adopted by the office under chapter 34.05 RCW, prorated on
the relative benefit to the political subdivision, for the
certification under this chapter of a business. [1993 c 195
§ 3.]
Effective date of 1993 c 195—1993 sp.s. c 24: See note following
RCW 39.19.200.
39.19.230 State agencies and educational institutions—Fees. The office may charge to a state agency and
educational institutions, as both are defined in RCW
39.19.020, a reasonable fee or other appropriate charge, to be
set by rule adopted by the office under chapter 34.05 RCW,
based upon the state agency’s or educational institution’s
expenditure level of funds subject to the office. [1993 c 195
§ 4.]
Effective date of 1993 c 195—1993 sp.s. c 24: See note following
RCW 39.19.200.
39.19.240 Linked deposit program—Compilation
of information—Notification regarding enterprises no
longer certified. (1) The office shall, in consultation with
the state treasurer and the department of community, trade,
and economic development, compile information on minority
and women’s business enterprises that have received financial assistance through a qualified public depositary under
the provisions of RCW 43.86A.060. The information shall
include, but is not limited to:
(a) Name of the qualified public depositary;
(b) Geographic location of the minority or women’s
business enterprise;
(c) Name of the minority or women’s business enterprise;
(d) Date of last certification by the office and certification number;
(e) Type of business;
(f) Amount and term of the loan to the minority or
women’s business enterprise; and
(g) Other information the office deems necessary for the
implementation of this section.
(2) The office shall notify the state treasurer of minority
or women’s business enterprises that are no longer certified
under the provisions of this chapter. The written notification
shall contain information regarding the reason for the
decertification and information on financing provided to the
minority or women’s business enterprise under RCW
43.86A.060. [2002 c 305 § 2.]
Sunset Act application: See note following RCW 43.86A.060.
39.19.910 Effective date—Applicability—1983 c 120.
(1) This act is necessary for the immediate preservation of
the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect July 1, 1983.
(2) Contracts entered into before September 1, 1983, are
not subject to this act. [1983 c 120 § 21.]
39.19.920 Severability—Conflict with federal
requirements—1983 c 120. (1) If any provision of this act
[Title 39 RCW—page 28]
or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
(2) If any part of this chapter is found to be in conflict
with federal requirements which are a prescribed condition
to the allocation of federal funds to the state the conflicting
part of this chapter is hereby declared to be inoperative
solely to the extent of the conflict and with respect to the
agencies directly affected, and such finding or determination
shall not affect the operation of the remainder of this chapter
in its application to the agencies concerned. The rules under
this chapter shall meet federal requirements which are a
necessary condition to the receipt of federal funds by the
state. [1983 c 120 § 18.]
39.19.921 Severability—1987 c 328. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 328 § 17.]
Chapter 39.23
PURCHASE OF PRODUCTS AND SERVICES OF
SHELTERED WORKSHOPS,
DSHS PROGRAMS
Sections
39.23.005
39.23.010
39.23.020
Declaration of intent.
Definitions.
Products and/or services, purchase of—Authorization—
Determining fair market price.
39.23.005 Declaration of intent. It is the intent of
the legislature to encourage municipalities to purchase
products and/or services manufactured or provided by
sheltered workshops and programs of the department of
social and health services which operate facilities serving the
handicapped and disadvantaged. [1975 c 20 § 1.]
39.23.010 Definitions. As used in RCW 39.23.005
and 39.23.020 the term "sheltered workshops" shall have the
meaning ascribed to it by RCW 82.04.385 and "programs of
the department of social and health services" shall mean the
group training homes and day training centers defined in
*RCW 72.33.800 and "municipality" shall have the meaning
ascribed to it by RCW 39.04.010. [1975 c 20 § 2.]
*Reviser’s note: RCW 72.33.800 was repealed by 1988 c 176 §
1007. See Title 71A RCW.
39.23.020 Products and/or services, purchase of—
Authorization—Determining fair market price. Municipalities are hereby authorized to purchase products and/or
services manufactured or provided by sheltered workshops
and programs of the department of social and health services. Such purchases shall be at the fair market price of such
products and services as determined by a municipality. To
determine the fair market price a municipality shall use the
last comparable bid on the products and/or services or in the
alternative the last price paid for the products and/or services. The increased cost of labor, materials, and other documented costs since the last comparable bid or the last price
(2002 Ed.)
Purchase of Products and Services of Sheltered Workshops, DSHS Programs
paid are additional cost factors which shall be considered in
determining fair market price. Upon the establishment of the
fair market price as provided for in this section a municipality is hereby empowered to negotiate directly with sheltered
workshops or officials in charge of the programs of the
department of social and health services for the purchase of
the products or services. [1977 ex.s. c 10 § 1; 1975 c 20 §
3.]
Chapter 39.24
PUBLIC PURCHASE PREFERENCES
Sections
39.24.050
Purchase of paper products meeting certain specifications
required.
Powers and duties of division of purchasing: RCW 43.19.190.
Purchase of correctional industries produced products: Chapter 72.60
RCW.
Reciprocity in bidding: RCW 43.19.704.
39.24.050 Purchase of paper products meeting
certain specifications required. A governmental unit shall,
to the maximum extent economically feasible, purchase
paper products which meet the specifications established by
the department of general administration under RCW
43.19.538. [1982 c 61 § 3.]
Chapter 39.28
EMERGENCY PUBLIC WORKS
Sections
39.28.010
39.28.020
39.28.030
39.28.040
Definitions.
Powers conferred.
Construction of act.
Loans and grants to finance preliminary public works expenditures.
39.28.010 Definitions. The following terms wherever
used or referred to in RCW 39.28.010 through 39.28.030
shall have the following meaning unless a different meaning
appears from the context.
(1) The term "municipality" shall mean the state, a
county, city, town, district or other municipal corporation or
political subdivision;
(2) The term "governing body" shall mean the body, a
board charged with the governing of the municipality;
(3) The term "law" shall mean any act or statute,
general, special or local, of this state, including, without
being limited to, the charter of any municipality;
(4) The term "bonds" shall mean bonds, interim receipts,
certificates, or other obligations of a municipality issued or
to be issued by its governing body for the purpose of
financing or aiding in the financing of any work, undertaking
or project for which a loan or grant, or both, has heretofore
been made or may hereafter be made by any federal agency;
(5) The term "Recovery Act" shall mean any acts of the
congress of the United States of America to reduce and
relieve unemployment or to provide for the construction of
public works;
(6) The term "federal agency" shall include the United
States of America, the president of the United States of
(2002 Ed.)
39.23.020
America, and any agency or instrumentality of the United
States of America, which has heretofore been or hereafter
may be designated, created or authorized to make loans or
grants;
(7) The term "public works project" shall mean any
work, project, or undertaking which any municipality, is
authorized or required by law to undertake or any lawful
purpose for which any municipality is authorized or required
by law to make an appropriation;
(8) The term "contract" or "agreement" between a
federal agency and a municipality shall include contracts and
agreements in the customary form and shall also be deemed
to include an allotment of funds, resolution, unilateral promise, or commitment by a federal agency by which it shall
undertake to make a loan or grant, or both, upon the performance of specified conditions or compliance with rules and
regulations theretofore or thereafter promulgated, prescribed
or published by a federal agency. In the case of such an
allotment of funds, resolution, unilateral promise, or commitment by a federal agency, the terms, conditions and restrictions therein set forth and the rules and regulations theretofore or thereafter promulgated, prescribed or published shall,
for the purpose of RCW 39.28.010 through 39.28.030, be
deemed to constitute covenants of such a contract which
shall be performed by the municipality, if the municipality
accepts any money from such federal agency. [1971 c 76 §
4; 1937 c 107 § 2; RRS § 10322A-8. Prior: 1935 c 107 §
2; RRS § 10322A-2.]
Short title: "This act may be cited as ’The Municipal Emergency
Procedure Act (Revision of 1937)’." [1937 c 107 § 1; RRS § 10322A-7.
Prior: 1935 c 107 § 1; RRS § 10322A-1.]
Severability—1937 c 107: "If any provision of this act, or the
application thereof to any person, body, or circumstances shall be held
invalid, the remainder of the act and the application of each provision to
persons, bodies, or circumstances other than those as to which it shall have
been held invalid shall not be affected thereby." [1937 c 107 § 5; RRS §
10322A-11. Prior: 1935 c 107 § 5; RRS § 10322A-5.]
39.28.020 Powers conferred. Every municipality
shall have power and is hereby authorized:
(1) To accept from any federal agency grants for or in
aid of the construction of any public works project;
(2) To make contracts and execute instruments containing such terms, provisions, and conditions as in the discretion of the governing body of the municipality may be
necessary, proper or advisable for the purpose of obtaining
grants or loans, or both, from any federal agency pursuant to
or by virtue of the Recovery Act; to make all other contracts
and execute all other instruments necessary, proper or
advisable in or for the furtherance of any public works
project and to carry out and perform the terms and conditions of all such contracts or instruments;
(3) To subscribe to and comply with the Recovery Act
and any rules and regulations made by any federal agency
with regard to any grants or loans, or both, from any federal
agency;
(4) To perform any acts authorized under RCW
39.28.010 through 39.28.030 through or by means of its own
officers, agents and employees, or by contracts with corporations, firms or individuals;
[Title 39 RCW—page 29]
39.28.020
Title 39 RCW: Public Contracts and Indebtedness
(5) To award any contract for the construction of any
public works project or part thereof upon any day at least
fifteen days after one publication of a notice requesting bids
upon such contract in a newspaper of general circulation in
the municipality: PROVIDED, That in any case where
publication of notice may be made in a shorter period of
time under the provisions of existing statute or charter, such
statute or charter shall govern;
(6) To sell bonds at private sale to any federal agency
without any public advertisement;
(7) To issue interim receipts, certificates or other
temporary obligations, in such form and containing such
terms, conditions and provisions as the governing body of
the municipality issuing the same may determine, pending
the preparation or execution of definite bonds for the
purpose of financing the construction of a public works
project;
(8) To issue bonds bearing the signatures of officers in
office on the date of signing such bonds, notwithstanding
that before delivery thereof any or all the persons whose
signatures appear thereon shall have ceased to be the officers
of the municipality issuing the same;
(9) To include in the cost of a public works project
which may be financed by the issuance of bonds: (a)
Engineering, inspection, accounting, fiscal and legal expenses; (b) the cost of issuance of the bonds, including engraving, printing, advertising, and other similar expenses; (c) any
interest costs during the period of construction of such public
works project and for six months thereafter on money
borrowed or estimated to be borrowed;
(10) To stipulate in any contract for the construction of
any public works project or part thereof the maximum hours
that any laborer, worker, or mechanic should be permitted or
required to work in any one calendar day or calendar week
or calendar month, and the minimum wages to be paid to
laborers, workers, or mechanics in connection with any
public works project: PROVIDED, That no such stipulation
shall provide for hours in excess of or for wages less than
may now or hereafter be required by any other law;
(11) To exercise any power conferred by RCW
39.28.010 through 39.28.030 for the purpose of obtaining
grants or loans, or both, from any federal agency pursuant to
or by virtue of the Recovery Act, independently or in
conjunction with any other power or powers conferred by
RCW 39.28.010 through 39.28.030 or heretofore or hereafter
conferred by any other law;
(12) To do all acts and things necessary or convenient
to carry out the powers expressly given in RCW 39.28.010
through 39.28.030. [1989 c 12 § 12; 1937 c 107 § 3; RRS
§ 10322A-9. Prior: 1935 c 107 § 3; RRS § 10322A-3.]
Short title—Severability—1937 c 107: See notes following RCW
39.28.010.
39.28.030 Construction of act. The powers conferred
by RCW 39.28.010 through 39.28.030 shall be in addition
and supplemental to and not in substitution for the powers
now or hereafter conferred upon any municipality by any
other law. RCW 39.28.010 through 39.28.030 is intended to
aid in relieving the existing emergency by simplifying the
procedure for the construction and financing of public works
projects. RCW 39.28.010 through 39.28.030 is remedial in
nature and the powers hereby granted shall be liberally
[Title 39 RCW—page 30]
construed. Nothing in RCW 39.28.010 through 39.28.030
shall be construed to authorize the issuance of bonds for any
purpose by any municipality not authorized to issue bonds
for such purpose under any other law heretofore or hereafter
enacted, nor to dispense with the approval by a state department, board, officer or commission of a public works project
where such approval is necessary under provisions of
existing law: PROVIDED, That any port district which is
now indebted in an amount equal to or in excess of the
indebtedness which may be contracted without a vote of the
electors of the district is hereby authorized, for the purposes
of RCW 39.28.010 through 39.28.030, through its governing
body, to contract a further indebtedness and borrow money
for port purposes and issue general bonds therefor, as in
RCW 39.28.010 through 39.28.030 provided, in an additional
amount not exceeding three-sixteenths of one percent of the
value of the taxable property in the district, as the term
"value of the taxable property" is defined in RCW 39.36.015,
without the assent of the voters of the district: PROVIDED,
FURTHER, That such additional indebtedness together with
the existing indebtedness of such port district shall not
exceed the total indebtedness permitted to be incurred by
such port district under existing laws. [1970 ex.s. c 42 § 25;
1937 c 107 § 4; RRS § 10322A-10. Prior: 1935 c 107 § 4;
RRS § 10322A-4.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Short title—Severability—1937 c 107: See notes following RCW
39.28.010.
39.28.040 Loans and grants to finance preliminary
public works expenditures. The state of Washington, its
various counties, municipal corporations, quasi municipal
corporations, cities, towns, villages and all other political
subdivisions of the state are hereby authorized to accept
from the federal government all loans, advances, grants in
aid, or donations that may be made available by any federal
agency for the purpose of financing the cost of architectural,
engineering, and economic investigations and studies,
surveys, designs, plans, working drawings, specifications,
procedures, and other acts preliminary to the construction of
public works. [1971 c 76 § 5; 1945 c 106 § 1; Rem. Supp.
1945 § 10322-45.]
Chapter 39.29
PERSONAL SERVICE CONTRACTS
Sections
39.29.003
39.29.006
39.29.008
39.29.011
39.29.016
39.29.018
39.29.020
39.29.025
39.29.040
39.29.050
39.29.055
39.29.065
Intent.
Definitions.
Limitation on personal service contracts.
Competitive solicitation required—Exceptions.
Emergency contracts.
Sole source contracts.
Compliance—Expenditure of funds prohibited—Civil penalty.
Amendments.
Exemption of certain contracts.
Contracts subject to requirements established under office of
minority and women’s business enterprises.
Contracts—Filing—Public inspection—Review and approval—Effective date.
Office of financial management to establish procedures—
Adjustment of dollar thresholds.
(2002 Ed.)
Personal Service Contracts
39.29.068
Office of financial management to maintain list of contracts—Report to legislature (as amended by 1998 c
101).
Office of financial management to maintain list of contracts
(as amended by 1998 c 245).
Summary reports on contracts.
Data generated under personal services contracts.
Contracts awarded by institutions of higher education.
Contract management—Uniform guidelines—Guidebook.
Use of guidelines—Report to office of financial management.
Contract management—Training—Risk-based audits—
Reports.
Contract audits and investigative findings—Report by state
auditor and attorney general.
Severability—1987 c 414.
Chapter 39.29
39.29.003 Intent. It is the intent of this chapter to
establish a policy of open competition for all personal
service contracts entered into by state agencies, unless
specifically exempted under this chapter. It is further the
intent to provide for legislative and executive review of all
personal service contracts, to centralize the location of
information about personal service contracts for ease of
public review, and ensure proper accounting of personal
services expenditures. [1998 c 101 § 1; 1993 c 433 § 1;
1987 c 414 § 1; 1979 ex.s. c 61 § 1.]
(7) "Personal service" means professional or technical
expertise provided by a consultant to accomplish a specific
study, project, task, or other work statement. This term does
not include purchased services as defined under subsection
(9) of this section. This term does include client services.
(8) "Personal service contract" means an agreement, or
any amendment thereto, with a consultant for the rendering
of personal services to the state which is consistent with
RCW 41.06.380.
(9) "Purchased services" means services provided by a
vendor to accomplish routine, continuing and necessary
functions. This term includes, but is not limited to, services
acquired under RCW 43.19.190 or 43.105.041 for equipment
maintenance and repair; operation of a physical plant;
security; computer hardware and software maintenance; data
entry; key punch services; and computer time-sharing,
contract programming, and analysis.
(10) "Sole source" means a consultant providing
professional or technical expertise of such a unique nature
that the consultant is clearly and justifiably the only practicable source to provide the service. The justification shall be
based on either the uniqueness of the service or sole availability at the location required. [1998 c 101 § 2; 1993 c 433
§ 2; 1987 c 414 § 2; 1981 c 263 § 1; 1979 ex.s. c 61 § 2.]
39.29.006 Definitions. (Effective until July 1, 2005.)
As used in this chapter:
(1) "Agency" means any state office or activity of the
executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards,
commissions, and educational, correctional, and other types
of institutions.
(2) "Client services" means services provided directly to
agency clients including, but not limited to, medical and
dental services, employment and training programs, residential care, and subsidized housing.
(3) "Competitive solicitation" means a documented
formal process providing an equal and open opportunity to
qualified parties and culminating in a selection based on
criteria which may include such factors as the consultant’s
fees or costs, ability, capacity, experience, reputation,
responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or
services.
(4) "Consultant" means an independent individual or
firm contracting with an agency to perform a service or
render an opinion or recommendation according to the
consultant’s methods and without being subject to the control
of the agency except as to the result of the work. The
agency monitors progress under the contract and authorizes
payment.
(5) "Emergency" means a set of unforeseen circumstances beyond the control of the agency that either:
(a) Present a real, immediate threat to the proper
performance of essential functions; or
(b) May result in material loss or damage to property,
bodily injury, or loss of life if immediate action is not taken.
(6) "Evidence of competition" means documentation
demonstrating that the agency has solicited responses from
multiple firms in selecting a consultant.
39.29.006 Definitions. (Effective July 1, 2005.) As
used in this chapter:
(1) "Agency" means any state office or activity of the
executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards,
commissions, and educational, correctional, and other types
of institutions.
(2) "Client services" means services provided directly to
agency clients including, but not limited to, medical and
dental services, employment and training programs, residential care, and subsidized housing.
(3) "Competitive solicitation" means a documented
formal process providing an equal and open opportunity to
qualified parties and culminating in a selection based on
criteria which may include such factors as the consultant’s
fees or costs, ability, capacity, experience, reputation,
responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or
services.
(4) "Consultant" means an independent individual or
firm contracting with an agency to perform a service or
render an opinion or recommendation according to the
consultant’s methods and without being subject to the control
of the agency except as to the result of the work. The
agency monitors progress under the contract and authorizes
payment.
(5) "Emergency" means a set of unforeseen circumstances beyond the control of the agency that either:
(a) Present a real, immediate threat to the proper
performance of essential functions; or
(b) May result in material loss or damage to property,
bodily injury, or loss of life if immediate action is not taken.
(6) "Evidence of competition" means documentation
demonstrating that the agency has solicited responses from
multiple firms in selecting a consultant.
39.29.068
39.29.075
39.29.080
39.29.090
39.29.100
39.29.110
39.29.120
39.29.130
39.29.900
(2002 Ed.)
[Title 39 RCW—page 31]
39.29.006
Title 39 RCW: Public Contracts and Indebtedness
(7) "Personal service" means professional or technical
expertise provided by a consultant to accomplish a specific
study, project, task, or other work statement. This term does
not include purchased services as defined under subsection
(9) of this section. This term does include client services.
(8) "Personal service contract" means an agreement, or
any amendment thereto, with a consultant for the rendering
of personal services to the state which is consistent with
RCW 41.06.142.
(9) "Purchased services" means services provided by a
vendor to accomplish routine, continuing and necessary
functions. This term includes, but is not limited to, services
acquired under RCW 43.19.190 or 43.105.041 for equipment
maintenance and repair; operation of a physical plant;
security; computer hardware and software maintenance; data
entry; key punch services; and computer time-sharing,
contract programming, and analysis.
(10) "Sole source" means a consultant providing
professional or technical expertise of such a unique nature
that the consultant is clearly and justifiably the only practicable source to provide the service. The justification shall be
based on either the uniqueness of the service or sole availability at the location required. [2002 c 354 § 235; 1998 c
101 § 2; 1993 c 433 § 2; 1987 c 414 § 2; 1981 c 263 § 1;
1979 ex.s. c 61 § 2.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
39.29.008 Limitation on personal service contracts.
Personal services may be procured only to resolve a particular agency problem or issue or to expedite a specific project
that is temporary in nature. An agency may procure
personal services only if it documents that:
(1) The service is critical to agency responsibilities or
operations, or is mandated or authorized by the legislature;
(2) Sufficient staffing or expertise is not available within
the agency to perform the service; and
(3) Other qualified public resources are not available to
perform the service. [1993 c 433 § 6.]
39.29.011 Competitive solicitation required—
Exceptions. All personal service contracts shall be entered
into pursuant to competitive solicitation, except for:
(1) Emergency contracts;
(2) Sole source contracts;
(3) Contract amendments;
(4) Contracts between a consultant and an agency of
less than twenty thousand dollars. However, contracts of
five thousand dollars or greater but less than twenty thousand dollars shall have documented evidence of competition.
Agencies shall not structure contracts to evade these requirements; and
(5) Other specific contracts or classes or groups of
contracts exempted from the competitive solicitation process
by the director of the office of financial management when
it has been determined that a competitive solicitation process
is not appropriate or cost-effective. [1998 c 101 § 3; 1987
c 414 § 3.]
39.29.016 Emergency contracts. Emergency contracts shall be filed with the office of financial management
[Title 39 RCW—page 32]
and made available for public inspection within three
working days following the commencement of work or
execution of the contract, whichever occurs first. Documented justification for emergency contracts shall be provided to
the office of financial management when the contract is
filed. [1998 c 101 § 4; 1996 c 288 § 29; 1987 c 414 § 4.]
39.29.018 Sole source contracts. (1) Sole source
contracts shall be filed with the office of financial management and made available for public inspection at least ten
working days prior to the proposed starting date of the contract. Documented justification for sole source contracts
shall be provided to the office of financial management
when the contract is filed. For sole source contracts of
twenty thousand dollars or more, documented justification
shall include evidence that the agency attempted to identify
potential consultants by advertising through statewide or
regional newspapers.
(2) The office of financial management shall approve
sole source contracts of twenty thousand dollars or more
before any such contract becomes binding and before any
services may be performed under the contract. These
requirements shall also apply to sole source contracts of less
than twenty thousand dollars if the total amount of such
contracts between an agency and the same consultant is
twenty thousand dollars or more within a fiscal year.
Agencies shall ensure that the costs, fees, or rates negotiated
in filed sole source contracts of twenty thousand dollars or
more are reasonable. [1998 c 101 § 5; 1996 c 288 § 30;
1993 c 433 § 5; 1987 c 414 § 5.]
39.29.020 Compliance—Expenditure of funds
prohibited—Civil penalty. No state officer or activity of
state government subject to this chapter shall expend any
funds for personal service contracts unless the agency has
complied with the competitive procurement and other
requirements of this chapter. The state officer or employee
executing the personal service contracts shall be responsible
for compliance with the requirements of this chapter. Failure to comply with the requirements of this chapter shall
subject the state officer or employee to a civil penalty in the
amount of three hundred dollars. A consultant who knowingly violates this chapter in seeking or performing work
under a personal services contract shall be subject to a civil
penalty of three hundred dollars or twenty-five percent of the
amount of the contract, whichever is greater. The state
auditor is responsible for auditing violations of this chapter.
The attorney general is responsible for prosecuting violations
of this chapter. [1987 c 414 § 6; 1974 ex.s. c 191 § 2.]
39.29.025 Amendments. (1) Substantial changes in
either the scope of work specified in the contract or in the
scope of work specified in the formal solicitation document
must generally be awarded as new contracts. Substantial
changes executed by contract amendments must be submitted
to the office of financial management, and are subject to
approval by the office of financial management.
(2) An amendment or amendments to personal service
contracts, if the value of the amendment or amendments,
whether singly or cumulatively, exceeds fifty percent of the
(2002 Ed.)
Personal Service Contracts
value of the original contract must be provided to the office
of financial management.
(3) The office of financial management shall approve
amendments provided to it under this section before the
amendments become binding and before services may be
performed under the amendments.
(4) The amendments must be filed with the office of
financial management and made available for public inspection at least ten working days prior to the proposed starting
date of services under the amendments.
(5) The office of financial management shall approve
amendments provided to it under this section only if they
meet the criteria for approval of the amendments established
by the director of the office of financial management. [1998
c 101 § 6; 1996 c 288 § 31; 1993 c 433 § 3.]
39.29.040 Exemption of certain contracts. This
chapter does not apply to:
(1) Contracts specifying a fee of less than five thousand
dollars if the total of the contracts from that agency with the
contractor within a fiscal year does not exceed five thousand
dollars;
(2) Contracts awarded to companies that furnish a
service where the tariff is established by the utilities and
transportation commission or other public entity;
(3) Intergovernmental agreements awarded to any
governmental entity, whether federal, state, or local and any
department, division, or subdivision thereof;
(4) Contracts awarded for services to be performed for
a standard fee, when the standard fee is established by the
contracting agency or any other governmental entity and a
like contract is available to all qualified applicants;
(5) Contracts for services that are necessary to the
conduct of collaborative research if prior approval is granted
by the funding source;
(6) Contracts for client services except as otherwise
indicated in this chapter;
(7) Contracts for architectural and engineering services
as defined in RCW 39.80.020, which shall be entered into
under chapter 39.80 RCW;
(8) Contracts for the employment of expert witnesses for
the purposes of litigation;
(9) Contracts for bank supervision authorized under
RCW 30.38.040; and
(10) Contracts for interpreter services and interpreter
brokerage services on behalf of limited-English speaking or
sensory-impaired applicants and recipients of public assistance. [2002 c 260 § 11; 2002 c 200 § 2; 1998 c 101 § 7;
1996 c 2 § 19; 1995 c 80 § 1; 1987 c 414 § 7; 1986 c 33 §
3; 1979 ex.s. c 61 § 4.]
Reviser’s note: This section was amended by 2002 c 200 § 2 and by
2002 c 260 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—2002 c 200: "The legislature finds that limited-English
speaking and sensory-impaired applicants and recipients of public assistance
often require interpreter services in order to communicate effectively with
employees of the department of social and health services, medical
professionals, and other social services personnel. The legislature further
finds that interpreter services can be procured and delivered through a
variety of different means. It is in the public’s interest for the department
to deliver interpreter services, to the extent funds are available, by the
means which it determines most cost-effectively ensure that limited-English
(2002 Ed.)
39.29.025
speaking and sensory-impaired persons are able to communicate with
department employees and service providers." [2002 c 200 § 1.]
Severability—1996 c 2: See RCW 30.38.900.
39.29.050 Contracts subject to requirements
established under office of minority and women’s business enterprises. All contracts entered into under this
chapter on or after September 1, 1983, are subject to the
requirements established under chapter 39.19 RCW. [1983
c 120 § 12.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
39.29.055 Contracts—Filing—Public inspection—
Review and approval—Effective date. (1) Personal service
contracts subject to competitive solicitation shall be (a) filed
with the office of financial management and made available
for public inspection; and (b) reviewed and approved by the
office of financial management when those contracts provide
services relating to management consulting, organizational
development, marketing, communications, employee training,
or employee recruiting.
(2) Personal service contracts subject to competitive
solicitation that provide services relating to management
consulting, organizational development, marketing, communications, employee training, or employee recruiting shall be
made available for public inspection at least ten working
days before the proposed starting date of the contract. All
other contracts shall be effective no earlier than the date they
are filed with the office of financial management. [1998 c
101 § 8; 1996 c 288 § 32; 1993 c 433 § 7.]
39.29.065 Office of financial management to
establish procedures—Adjustment of dollar thresholds.
To implement this chapter, the director of the office of financial management shall establish procedures for the
competitive solicitation and award of personal service
contracts, recordkeeping requirements, and procedures for the
reporting and filing of contracts. For reporting purposes, the
director may establish categories for grouping of contracts.
The procedures required under this section shall also include
the criteria for amending personal service contracts. At the
beginning of each biennium, the director may, by administrative policy, adjust the dollar thresholds prescribed in RCW
39.29.011, 39.29.018, 39.29.040, and *39.29.068 to levels
not to exceed the percentage increase in the implicit price
deflator. Adjusted dollar thresholds shall be rounded to the
nearest five hundred dollar increment. [1998 c 101 § 9;
1987 c 414 § 8.]
*Reviser’s note: The dollar thresholds prescribed in RCW 39.29.068
were amended by 1998 c 101 § 10, and removed by 1998 c 245 § 33.
39.29.068 Office of financial management to maintain list of
contracts—Report to legislature (as amended by 1998 c 101). The office
of financial management shall maintain a publicly available list of all
personal service contracts entered into by state agencies during each fiscal
year. The list shall identify the contracting agency, the contractor, the
purpose of the contract, effective dates and periods of performance, the cost
of the contract and funding source, any modifications to the contract, and
whether the contract was competitively procured or awarded on a sole
source basis. The office of financial management shall also ensure that state
accounting definitions and procedures are consistent with RCW 39.29.006
and permit the reporting of personal services expenditures by agency and by
type of service. Designations of type of services shall include, but not be
[Title 39 RCW—page 33]
39.29.068
Title 39 RCW: Public Contracts and Indebtedness
limited to, management and organizational services, legal and expert witness
services, financial services, computer and information services, social or
technical research, marketing, communications, and employee training or
recruiting services. The office of financial management shall report
annually to the fiscal committees of the senate and house of representatives
on sole source contracts filed under this chapter. The report shall describe:
(1) The number and aggregate value of contracts for each category
established in this section; (2) the number and aggregate value of contracts
of ((two)) five thousand ((five hundred)) dollars or greater but less than
((ten)) twenty thousand dollars; (3) the number and aggregate value of
contracts of ((ten)) twenty thousand dollars or greater; (4) the justification
provided by agencies for the use of sole source contracts; and (5) any trends
in the use of sole source contracts. [1998 c 101 § 10; 1993 c 433 § 8.]
39.29.068 Office of financial management to maintain list of
contracts (as amended by 1998 c 245). The office of financial management shall maintain a publicly available list of all personal service contracts
entered into by state agencies during each fiscal year. The list shall identify
the contracting agency, the contractor, the purpose of the contract, effective
dates and periods of performance, the cost of the contract and funding
source, any modifications to the contract, and whether the contract was
competitively procured or awarded on a sole source basis. The office of
financial management shall also ensure that state accounting definitions and
procedures are consistent with RCW 39.29.006 and permit the reporting of
personal services expenditures by agency and by type of service. Designations of type of services shall include, but not be limited to, management
and organizational services, legal and expert witness services, financial
services, computer and information services, social or technical research,
marketing, communications, and employee training or recruiting services.
((The office of financial management shall report annually to the fiscal
committees of the senate and house of representatives on sole source
contracts filed under this chapter. The report shall describe: (1) The
number and aggregate value of contracts for each category established in
this section; (2) the number and aggregate value of contracts of two
thousand five hundred dollars or greater but less than ten thousand dollars;
(3) the number and aggregate value of contracts of ten thousand dollars or
greater; (4) the justification provided by agencies for the use of sole source
contracts; and (5) any trends in the use of sole source contracts.)) [1998 c
245 § 33; 1993 c 433 § 8.]
Reviser’s note: RCW 39.29.068 was amended twice during the 1998
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
39.29.075 Summary reports on contracts. As
requested by the legislative auditor, the office of financial
management shall provide information on contracts filed
under this chapter for use in preparation of summary reports
on personal services contracts. [1987 c 414 § 9.]
39.29.080 Data generated under personal services
contracts. A state agency may not enter into a personal
services contract with a consultant under which the consultant could charge additional costs to the agency, the joint
legislative audit and review committee, or the state auditor
for access to data generated under the contract. A consultant
under such contract shall provide access to data generated
under the contract to the contracting agency, the joint
legislative audit and review committee, and the state auditor.
For purposes of this section, "data" includes all information
that supports the findings, conclusions, and recommendations
of the consultant’s reports, including computer models and
the methodology for those models. [1997 c 373 § 1.]
39.29.090 Contracts awarded by institutions of
higher education. Personal service contracts awarded by
institutions of higher education from nonstate funds do not
have to be filed in advance and approved by the office of
[Title 39 RCW—page 34]
financial management. Any such contract is subject to all
other requirements of this chapter, including the requirements under *RCW 39.29.068 for annual reporting of
personal service contracts to the office of financial management. [1998 c 101 § 11.]
*Reviser’s note: Annual reporting requirements under RCW
39.29.068 were amended by 1998 c 101 § 10, and removed by 1998 c 245
§ 33.
39.29.100 Contract management—Uniform guidelines—Guidebook. (1) The office of financial management
shall adopt uniform guidelines for the effective and efficient
management of personal service contracts and client service
contracts by all state agencies. The guidelines must, at a
minimum, include:
(a) Accounting methods, systems, measures, and
principles to be used by agencies and contractors;
(b) Precontract procedures for selecting potential
contractors based on their qualifications and ability to
perform;
(c) Incorporation of performance measures and measurable benchmarks in contracts, and the use of performance
audits;
(d) Uniform contract terms to ensure contract performance and compliance with state and federal standards;
(e) Proper payment and reimbursement methods to
ensure that the state receives full value for taxpayer moneys,
including cost settlements and cost allowance;
(f) Postcontract procedures, including methods for
recovering improperly spent or overspent moneys for
disallowance and adjustment;
(g) Adequate contract remedies and sanctions to ensure
compliance;
(h) Monitoring, fund tracking, risk assessment, and
auditing procedures and requirements;
(i) Financial reporting, record retention, and record
access procedures and requirements;
(j) Procedures and criteria for terminating contracts for
cause or otherwise; and
(k) Any other subject related to effective and efficient
contract management.
(2) The office of financial management shall submit the
guidelines required by subsection (1) of this section to the
governor and the appropriate standing committees of the
legislature no later than December 1, 2002.
(3) The office of financial management shall publish a
guidebook for use by state agencies containing the guidelines
required by subsection (1) of this section. [2002 c 260 § 7.]
Effective date—2002 c 260 § 7: "Section 7 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [March 29, 2002]." [2002 c 260 § 12.]
39.29.110 Use of guidelines—Report to office of
financial management. (Effective January 1, 2003.) (1)
A state agency entering into or renewing personal service
contracts or client service contracts shall follow the guidelines required by RCW 39.29.100.
(2) A state agency that has entered into or renewed
personal service contracts or client service contracts during
a calendar year shall, on or before January 1st of the
following calendar year, provide the office of financial man(2002 Ed.)
Personal Service Contracts
agement with a report detailing the procedures the agency
employed in entering into, renewing, and managing the
contracts.
(3) The provisions of this section apply to state agencies
entering into or renewing contracts after January 1, 2003.
[2002 c 260 § 8.]
Sections
39.30.010
Effective date—2002 c 260 §§ 8 and 9: "Sections 8 and 9 of this act
take effect January 1, 2003." [2002 c 260 § 13.]
39.30.020
Chapter 39.30
CONTRACTS—INDEBTEDNESS LIMITATIONS—
COMPETITIVE BIDDING VIOLATIONS
39.30.040
39.29.120 Contract management—Training—Riskbased audits—Reports. (Effective January 1, 2003.) (1)
The office of financial management shall provide a training
course for agency personnel responsible for executing and
managing personal service contracts and client service
contracts. The course must contain training on effective and
efficient contract management under the guidelines established under RCW 39.29.100. State agencies shall require
agency employees responsible for executing or managing
personal service contracts and client service contracts to
complete the training course to the satisfaction of the office
of financial management. Beginning January 1, 2004, no
agency employee may execute or manage personal service
contracts or client service contracts unless the employee has
completed the training course. Any request for exception to
this requirement shall be submitted to the office of financial
management in writing and shall be approved by the office
of financial management prior to the employee executing or
managing the contract.
(2)(a) The office of financial management shall conduct
risk-based audits of the contracting practices associated with
individual personal service and client service contracts from
multiple state agencies to ensure compliance with the
guidelines established in RCW 39.29.110. The office of
financial management shall conduct the number of audits
deemed appropriate by the director of the office of financial
management based on funding provided.
(b) The office of financial management shall forward
the results of the audits conducted under this section to the
governor, the appropriate standing committees of the
legislature, and the joint legislative audit and review committee. [2002 c 260 § 9.]
Effective date—2002 c 260 §§ 8 and 9: See note following RCW
39.29.110.
39.29.130 Contract audits and investigative findings—Report by state auditor and attorney general. The
state auditor and the attorney general shall annually by
November 30th of each year provide a collaborative report
of contract audit and investigative findings, enforcement
actions, and the status of agency resolution to the governor
and the policy and fiscal committees of the legislature.
[2002 c 260 § 10.]
39.29.900 Severability—1987 c 414. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 414 § 13.]
(2002 Ed.)
39.29.110
39.30.045
39.30.050
39.30.060
39.30.070
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Contracts requiring competitive bidding—Violations by
municipal officer—Penalties.
Purchases—Competitive bidding—Local governments may
consider tax revenues—Purchase of recycled or reused
materials or products.
Purchase at auctions.
Contracts to require use of paper products meeting certain
specifications.
Bids on public works—Identification, substitution of subcontractors.
Exceptions—Contracts or development agreements related to
stadium and exhibition center.
39.30.010 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. Any city or town or metropolitan park district or
county or library district may execute an executory conditional sales contract with a county or counties, the state or
any of its political subdivisions, the government of the
United States, or any private party for the purchase of any
real or personal property, or property rights in connection
with the exercise of any powers or duties which they now or
hereafter are authorized to exercise, if the entire amount of
the purchase price specified in such contract does not result
in a total indebtedness in excess of three-fourths of one
percent of the value of the taxable property in such library
district or the maximum amount of nonvoter-approved
indebtedness authorized in such county, city, town, or metropolitan park district. If such a proposed contract would
result in a total indebtedness in excess of this amount, a
proposition in regard to whether or not such a contract may
be executed shall be submitted to the voters for approval or
rejection in the same manner that bond issues for capital purposes are submitted to the voters. Any city or town or
metropolitan park district or county or library district may
jointly execute contracts authorized by this section, if the
entire amount of the purchase price does not result in a joint
total indebtedness in excess of the nonvoter-approved
indebtedness limitation of any city, town, metropolitan park
district, county, or library district that participates in the
jointly executed contract. The term "value of the taxable
property" shall have the meaning set forth in RCW
39.36.015. [1997 c 361 § 2; 1970 ex.s. c 42 § 26; 1963 c
92 § 1; 1961 c 158 § 1.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
39.30.020 Contracts requiring competitive bidding—Violations by municipal officer—Penalties. In
addition to any other remedies or penalties contained in any
law, municipal charter, ordinance, resolution or other
enactment, any municipal officer by or through whom or
under whose supervision, in whole or in part, any contract is
made in wilful and intentional violation of any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding upon such contract shall be held
liable to a civil penalty of not less than three hundred dollars
[Title 39 RCW—page 35]
39.30.020
Title 39 RCW: Public Contracts and Indebtedness
and may be held liable, jointly and severally with any other
such municipal officer, for all consequential damages to the
municipal corporation. If, as a result of a criminal action,
the violation is found to have been intentional, the municipal
officer shall immediately forfeit his office. For purposes of
this section, "municipal officer" shall mean an "officer" or
"municipal officer" as those terms are defined in RCW
42.23.020(2). [1974 ex.s. c 74 § 1.]
Contracts by cities or towns, bidding requirements: RCW 35.23.352.
39.30.040 Purchases—Competitive bidding—Local
governments may consider tax revenues—Purchase of
recycled or reused materials or products. (1) Whenever
a unit of local government is required to make purchases
from the lowest bidder or from the supplier offering the
lowest price for the items desired to be purchased, the unit
of local government may, at its option when awarding a
purchase contract, take into consideration tax revenue it
would receive from purchasing the supplies, materials, or
equipment from a supplier located within its boundaries.
The unit of local government must award the purchase
contract to the lowest bidder after such tax revenue has been
considered. However, any local government may allow for
preferential purchase of products made from recycled
materials or products that may be recycled or reused. The
tax revenues which units of local government may consider
include sales taxes that the unit of local government imposes
upon the sale of such supplies, materials, or equipment from
the supplier to the unit of local government, and business
and occupation taxes that the unit of local government
imposes upon the supplier that are measured by the gross
receipts of the supplier from such sale. Any unit of local
government which considers tax revenues it would receive
from the imposition of taxes upon a supplier located within
its boundaries, shall also consider tax revenues it would
receive from taxes it imposes upon a supplier located outside
its boundaries.
(2) As used in this section, the term "unit of local
government" means any county, city, town, metropolitan
municipal corporation, public transit benefit area, county
transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or
business and occupation taxes. [1989 c 431 § 58; 1985 c 72
§ 1.]
Severability—1989 c 431: See RCW 70.95.901.
39.30.045 Purchase at auctions. Any municipality,
as defined in RCW 39.04.010, may purchase any supplies,
equipment, or materials at auctions conducted by the
government of the United States or any agency thereof, any
agency of the state of Washington, any municipality or other
government agency, or any private party without being
subject to public bidding requirements if the items can be
obtained at a competitive price. [1993 c 198 § 4; 1991 c
363 § 112.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
39.30.050 Contracts to require use of paper products meeting certain specifications. Any contract by a
governmental unit shall require the use of paper products to
[Title 39 RCW—page 36]
the maximum extent economically feasible that meet the
specifications established by the department of general
administration under RCW 43.19.538. [1982 c 61 § 4.]
39.30.060 Bids on public works—Identification,
substitution of subcontractors. (1) Every invitation to bid
on a prime contract that is expected to cost one million
dollars or more for the construction, alteration, or repair of
any public building or public work of the state or a state
agency or municipality as defined under RCW 39.04.010 or
an institution of higher education as defined under RCW
28B.10.016 shall require each prime contract bidder to
submit as part of the bid, or within one hour after the
published bid submittal time, the names of the subcontractors
with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating,
ventilation, and air conditioning); plumbing as described in
chapter 18.106 RCW; and electrical as described in chapter
19.28 RCW, or to name itself for the work. The prime contract bidder shall not list more than one subcontractor for
each category of work identified, unless subcontractors vary
with bid alternates, in which case the prime contract bidder
must indicate which subcontractor will be used for which
alternate. Failure of the prime contract bidder to submit as
part of the bid the names of such subcontractors or to name
itself to perform such work or the naming of two or more
subcontractors to perform the same work shall render the
prime contract bidder’s bid nonresponsive and, therefore,
void.
(2) Substitution of a listed subcontractor in furtherance
of bid shopping or bid peddling before or after the award of
the prime contract is prohibited and the originally listed
subcontractor is entitled to recover monetary damages from
the prime contract bidder who executed a contract with the
public entity and the substituted subcontractor but not from
the public entity inviting the bid. It is the original
subcontractor’s burden to prove by a preponderance of the
evidence that bid shopping or bid peddling occurred.
Substitution of a listed subcontractor may be made by the
prime contractor for the following reasons:
(a) Refusal of the listed subcontractor to sign a contract
with the prime contractor;
(b) Bankruptcy or insolvency of the listed subcontractor;
(c) Inability of the listed subcontractor to perform the
requirements of the proposed contract or the project;
(d) Inability of the listed subcontractor to obtain the
necessary license, bonding, insurance, or other statutory
requirements to perform the work detailed in the contract; or
(e) The listed subcontractor is barred from participating
in the project as a result of a court order or summary
judgment.
(3) The requirement of this section to name the prime
contract bidder’s proposed HVAC, plumbing, and electrical
subcontractors applies only to proposed HVAC, plumbing,
and electrical subcontractors who will contract directly with
the prime contract bidder submitting the bid to the public
entity. [2002 c 163 § 2; 1999 c 109 § 1; 1995 c 94 § 1;
1994 c 91 § 1; 1993 c 378 § 1.]
Intent—2002 c 163: "This act is intended to discourage bid shopping
and bid peddling on Washington state public building and works projects."
[2002 c 163 § 1.]
(2002 Ed.)
Contracts—Indebtedness Limitations—Competitive Bidding Violations
Application—1994 c 91: "This act applies prospectively only and not
retroactively. It applies only to invitations to bid issued on or after June 9,
1994." [1994 c 91 § 2.]
Application—1993 c 378: "This act applies prospectively only and
not retroactively. It applies only to invitations to bid issued on or after July
25, 1993." [1993 c 378 § 2.]
39.30.070 Exceptions—Contracts or development
agreements related to stadium and exhibition center.
This chapter does not apply to contracts entered into under
RCW 36.102.060(4) or development agreements entered into
under RCW 36.102.060(7). [1997 c 220 § 403 (Referendum
Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Chapter 39.32
PURCHASE OF FEDERAL PROPERTY
Sections
39.32.010
39.32.020
39.32.035
Definitions.
Acquisition of surplus property authorized.
Administration and use of general administration services
account—Director’s authority to lease and acquire surplus property.
39.32.040 Procedure to purchase—Requisitions—Price at which sold—
Disposition of proceeds—Duties of governor.
39.32.060 Rules and regulations.
39.32.070 Purchase of property from federal government authorized—
Authority to contract—Bidding—Payment.
39.32.080 Purchase of property from federal government authorized—
Inconsistent provisions suspended.
39.32.090 Purchases by political subdivisions from or through United
States authorized.
Authority of counties to receive and distribute federal surplus commodities
to needy: RCW 36.39.040.
State purchasing and material control director: RCW 43.19.190.
Public assistance recipients, certification of to receive federal surplus
commodities: RCW 74.04.340 through 74.04.360.
39.32.010 Definitions. For the purposes of RCW
39.32.010 through 39.32.060:
The term "eligible donee" means any public agency
carrying out or promoting for the residents of a given
political area one or more public purposes, such as conservation, economic development, education, parks and
recreation, public health, and public safety; or nonprofit
educational or public health institutions or organizations,
such as medical institutions, hospitals, clinics, health centers,
schools, colleges, universities, schools for the mentally
retarded, schools for the physically handicapped, child care
centers, radio and television stations licensed by the federal
communications commission as educational radio or educational television stations, museums attended by the public,
and public libraries serving all residents of a community,
district, state, or region, and which are exempt from taxation
under Section 501 of the Internal Revenue Code of 1954, for
purposes of education or public health, including research for
any such purpose.
The term "public agency" means the state or any
subdivision thereof, including any unit of local government,
(2002 Ed.)
39.30.060
economic development district, emergency services organization, or any instrumentality created by compact or other
agreement between the state and a political subdivision, or
any Indian tribe, band, group, or community located on a
state reservation.
The term "surplus property" means any property, title to
which is in the federal, state, or local government or any
department or agency thereof, and which property is to be
disposed of as surplus under any act of congress or the
legislature or local statute, heretofore or hereafter enacted
providing for such disposition. [1995 c 137 § 2; 1977 ex.s.
c 135 § 1; 1967 ex.s. c 70 § 1; 1945 c 205 § 1; Rem. Supp.
1945 § 10322-60.]
39.32.020 Acquisition of surplus property authorized. The director of general administration is hereby
authorized to purchase, lease or otherwise acquire from
federal, state, or local government or any surplus property
disposal agency thereof surplus property to be used in
accordance with the provisions of this chapter. [1995 c 137
§ 3; 1977 ex.s. c 135 § 2; 1967 ex.s. c 70 § 2; 1945 c 205
§ 2; Rem. Supp. 1945 § 10322-61.]
Authority of superintendent of public instruction to acquire federal surplus
or donated food commodities for school district hot lunch program:
Chapter 28A.235 RCW.
39.32.035 Administration and use of general
administration services account—Director’s authority to
lease and acquire surplus property. The general administration services account shall be administered by the director
of general administration and be used for the purchase, lease
or other acquisition from time to time of surplus property
from any federal, state, or local government surplus property
disposal agency. The director may purchase, lease or
acquire such surplus property on the requisition of an
eligible donee and without such requisition at such time or
times as he or she deems it advantageous to do so; and in
either case he or she shall be responsible for the care and
custody of the property purchased so long as it remains in
his or her possession. [1998 c 105 § 3; 1995 c 137 § 4;
1977 ex.s. c 135 § 3; 1967 ex.s. c 70 § 4; 1945 c 205 § 4;
Rem. Supp. 1945 § 10322-63. Formerly RCW 39.32.030,
part.]
Effective date—1998 c 105: See note following RCW 43.19.025.
39.32.040 Procedure to purchase—Requisitions—
Price at which sold—Disposition of proceeds—Duties of
governor. In purchasing federal surplus property on
requisition for any eligible donee the director may advance
the purchase price thereof from the general administration
services account, and he or she shall then in due course bill
the proper eligible donee for the amount paid by him or her
for the property plus a reasonable amount to cover the
expense incurred by him or her in connection with the
transaction. In purchasing surplus property without requisition, the director shall be deemed to take title outright and he
or she shall then be authorized to resell from time to time
any or all of such property to such eligible donees as desire
to avail themselves of the privilege of purchasing. All moneys received in payment for surplus property from eligible
donees shall be deposited by the director in the general
[Title 39 RCW—page 37]
39.32.040
Title 39 RCW: Public Contracts and Indebtedness
administration services account. The director shall sell
federal surplus property to eligible donees at a price sufficient only to reimburse the general administration services
account for the cost of the property to the account, plus a
reasonable amount to cover expenses incurred in connection
with the transaction. Where surplus property is transferred
to an eligible donee without cost to the transferee, the director may impose a reasonable charge to cover expenses
incurred in connection with the transaction. The governor,
through the director of general administration, shall administer the surplus property program in the state and shall
perform or supervise all those functions with respect to the
program, its agencies and instrumentalities. [1998 c 105 §
4; 1995 c 137 § 5; 1977 ex.s. c 135 § 4; 1967 ex.s. c 70 §
5; 1945 c 205 § 5; Rem. Supp. 1945 § 10322-64.]
Effective date—1998 c 105: See note following RCW 43.19.025.
39.32.060 Rules and regulations. The director of
general administration shall have power to promulgate such
rules and regulations as may be necessary to effectuate the
purposes of RCW 39.32.010 through 39.32.060 and to carry
out the provisions of the Federal Property and Administrative
Services Act of 1949, as amended. [1977 ex.s. c 135 § 5;
1967 ex.s. c 70 § 6; 1945 c 205 § 7; Rem. Supp. 1945 §
10322-66.]
39.32.070 Purchase of property from federal
government authorized—Authority to contract—
Bidding—Payment. The state of Washington, through any
department, division, bureau, board, commission, authority,
or agency thereof, and all counties, cities, towns, and other
political subdivisions thereof, is hereby authorized to enter
into any contract with the United States of America, or with
any agency thereof, for the purchase of any equipment,
supplies, materials, or other property, without regard to the
provisions of any law requiring the advertising, giving of
notices, inviting or receiving bids, or which may require the
delivery of purchases before payment, and to this end the
executive head of any such department, division, bureau,
board, commission, authority, or agency of the state, the
county commissioners and the executive authority of any city
or town, may designate by appropriate resolution or order
any office holder or employee of its own to enter a bid or
bids in its behalf at any sale of any equipment, supplies,
material or other property real or personal owned by the
United States of America or any agency thereof, and may
authorize said person to make any down payment, or
payment in full, required in connection with such bidding.
[1945 c 180 § 1; Rem. Supp. 1945 § 10322-50. FORMER
PART OF SECTION: 1945 c 88 § 1 now codified as RCW
39.32.090.]
39.32.080 Purchase of property from federal
government authorized—Inconsistent provisions suspended. Any provisions of any law, charter, ordinance,
resolution, bylaw, rule or regulation which are inconsistent
with the provisions of RCW 39.32.070 and 39.32.080 are
suspended to the extent such provisions are inconsistent
herewith. [1945 c 180 § 2; Rem. Supp. 1945 § 10322-51.]
[Title 39 RCW—page 38]
39.32.090 Purchases by political subdivisions from
or through United States authorized. Whenever authorized by ordinance or resolution of its legislative authority
any political subdivision of the state shall have power to
purchase supplies, materials and/or equipment from or
through the United States government without calling for
bids, notwithstanding any law or charter provision to the
contrary. [1945 c 88 § 1; Rem. Supp. 1945 § 10322-40.
Formerly RCW 39.32.070, part.]
Chapter 39.33
INTERGOVERNMENTAL DISPOSITION
OF PROPERTY
Sections
39.33.010
39.33.020
39.33.050
39.33.060
39.33.070
Sale, exchange, transfer, lease of public property authorized—Section deemed alternative.
Disposal of surplus property—Hearing—Notice.
Public mass transportation systems—Contracts for services
or use.
Transfer of property or contract for use for park and recreational purposes.
School districts and libraries—Disposal of obsolete or surplus reading materials—Procedures.
39.33.010 Sale, exchange, transfer, lease of public
property authorized—Section deemed alternative. (1)
The state or any municipality or any political subdivision
thereof, may sell, transfer, exchange, lease or otherwise
dispose of any property, real or personal, or property rights,
including but not limited to the title to real property, to the
state or any municipality or any political subdivision thereof,
or the federal government, on such terms and conditions as
may be mutually agreed upon by the proper authorities of
the state and/or the subdivisions concerned.
(2) This section shall be deemed to provide an alternative method for the doing of the things authorized herein,
and shall not be construed as imposing any additional
condition upon the exercise of any other powers vested in
the state, municipalities or political subdivisions.
(3) No intergovernmental transfer, lease, or other
disposition of property made pursuant to any other provision
of law prior to May 23, 1972 shall be construed to be invalid
solely because the parties thereto did not comply with the
procedures of this section. [1981 c 96 § 1; 1973 c 109 § 1;
1972 ex.s. c 95 § 1; 1953 c 133 § 1.]
Exchange of county tax title lands with other governmental agencies:
Chapter 36.35 RCW.
39.33.020 Disposal of surplus property—Hearing—
Notice. Before disposing of surplus property with an
estimated value of more than fifty thousand dollars, the state
or a political subdivision shall hold a public hearing in the
county where the property or the greatest portion thereof is
located. At least ten days but not more than twenty-five
days prior to the hearing, there shall be published a public
notice of reasonable size in display advertising form, setting
forth the date, time, and place of the hearing at least once in
a newspaper of general circulation in the area where the
property is located. A news release pertaining to the hearing
shall be disseminated among printed and electronic media in
the area where the property is located. If real property is
(2002 Ed.)
Intergovernmental Disposition of Property
involved, the public notice and news release shall identify
the property using a description which can easily be understood by the public. If the surplus is real property, the
public notice and news release shall also describe the
proposed use of the lands involved. If there is a failure to
substantially comply with the procedures set forth in this
section, then the sale, transfer, exchange, lease, or other
disposal shall be subject to being declared invalid by a court.
Any such suit must be brought within one year from the date
of the disposal agreement. [1995 c 123 § 1; 1981 c 96 § 2.]
39.33.050 Public mass transportation systems—
Contracts for services or use. The legislative body of any
municipal corporation, quasi municipal corporation or
political subdivision of the state of Washington authorized to
develop and operate a public mass transportation system
shall have power to contract with the legislative body of any
other municipal corporation, quasi municipal corporation or
political subdivision of the state of Washington, or with any
person, firm or corporation for public transportation services
or for the use of all or any part of any publicly owned
transportation facilities for such period and under such terms
and conditions and upon such rentals, fees and charges as
the legislative body operating such public transportation
system may determine, and may pledge all or any portion of
such rentals, fees and charges and all other revenue derived
from the ownership or operation of publicly owned transportation facilities to pay and to secure the payment of general
obligation bonds and/or revenue bonds of such municipality
issued for the purpose of acquiring or constructing a public
mass transportation system. [1969 ex.s. c 255 § 16.]
Construction—Severability—1969 ex.s. c 255: See notes following
RCW 35.58.272.
Public transportation systems: RCW 35.58.272 and 35.58.2721.
39.33.060 Transfer of property or contract for use
for park and recreational purposes. Any governmental
unit, as defined in RCW 36.93.020(1) as it now exists or is
hereafter amended, may convey its real or personal property
or any interest or right therein to, or contract for the use of
such property by, the county or park and recreation district
wherein such property is located for park or recreational
purposes, by private negotiation and upon such terms and
with such consideration as might be mutually agreed to by
such governmental unit and the board of county commissioners or the park and recreation district board of commissioners. [1971 ex.s. c 243 § 7.]
Severability—1971 ex.s. c 243: See RCW 84.34.920.
39.33.070 School districts and libraries—Disposal of
obsolete or surplus reading materials—Procedures. Any
school district or educational service district, after complying
with the requirements of RCW 28A.335.180, and any library,
as defined in RCW 27.12.010, may dispose of surplus or
obsolete books, periodicals, newspapers, and other reading
materials as follows:
(1) If the reading materials are estimated to have value
as reading materials in excess of one thousand dollars, they
shall be sold at public auction to the person submitting the
highest reasonable bid following publication of notice of the
(2002 Ed.)
39.33.020
auction in a newspaper with a general circulation in the
library or school district.
(2) If no reasonable bids are submitted under subsection
(1) of this section or if the reading materials are estimated
to have value as reading materials of one thousand dollars or
less, the library or school district may directly negotiate the
sale of the reading materials to a public or private entity.
(3) If the reading materials are determined to have no
value as reading materials or if no purchaser is found under
subsection (2) of this section the reading materials may be
recycled or destroyed.
These methods for disposing of surplus or obsolete
reading materials shall be in addition to any other method
available to libraries and school districts for disposal of the
property. [1990 c 33 § 567; 1979 ex.s. c 134 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Chapter 39.34
INTERLOCAL COOPERATION ACT
Sections
39.34.010
39.34.020
39.34.030
Declaration of purpose.
Definitions.
Joint powers—Agreements for joint or cooperative action,
requisites, effect on responsibilities of component agencies—Financing of joint projects.
39.34.040 Agreements to be filed—Status of interstate agreements—
Real party in interest—Actions.
39.34.050 Duty to submit agreement to jurisdictional state officer or
agency.
39.34.055 Public purchase agreements with public benefit nonprofit
corporations.
39.34.060 Participating agencies may appropriate funds and provide
personnel, property, and services.
39.34.070 Authority of joint boards to receive loans or grants.
39.34.080 Contracts to perform governmental activities which each
contracting agency is authorized to perform.
39.34.085 Agreements for operation of bus services.
39.34.090 Agencies’ contracting authority regarding electricity,
utilities’ powers, preserved.
39.34.100 Powers conferred by chapter are supplemental.
39.34.110 Powers otherwise prohibited by Constitutions or federal
laws.
39.34.130 Transactions between state agencies—Charging of costs—
Regulation by director of financial management.
39.34.140 Transactions between state agencies—Procedures for payments through transfers upon accounts.
39.34.150 Transactions between state agencies—Advancements.
39.34.160 Transactions between state agencies—Time limitation for
expenditure of advance—Unexpended balance.
39.34.170 Transactions between state agencies—Powers and authority
cumulative.
39.34.180 Criminal justice responsibilities—Interlocal agreements—
Termination.
39.34.900 Short title.
39.34.910 Severability—1967 c 239.
39.34.920 Effective date—1967 c 239.
Hydroelectric resources, creation of separate legal authority by irrigation
districts and cities, towns, or public utility districts: RCW 87.03.828.
Irrigation districts, creation of legal authority to carry out powers: RCW
87.03.018.
School district associations, right to mortgage or convey money security
interest in association property—Limitations: RCW 28A.335.100.
School districts agreements with other governmental entities for transportation of students, the public or other noncommon school purposes—
Limitations: RCW 28A.160.120.
[Title 39 RCW—page 39]
39.34.010
Title 39 RCW: Public Contracts and Indebtedness
39.34.010 Declaration of purpose. It is the purpose
of this chapter to permit local governmental units to make
the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization
that will accord best with geographic, economic, population
and other factors influencing the needs and development of
local communities. [1967 c 239 § 1.]
Joint operations by municipal corporations and political subdivisions,
deposit and control of funds: RCW 43.09.285.
39.34.020 Definitions. For the purposes of this
chapter, the term "public agency" shall mean any agency,
political subdivision, or unit of local government of this state
including, but not limited to, municipal corporations, quasi
municipal corporations, special purpose districts, and local
service districts; any agency of the state government; any
agency of the United States; any Indian tribe recognized as
such by the federal government; and any political subdivision of another state.
The term "state" shall mean a state of the United States.
[1985 c 33 § 1; 1979 c 36 § 1; 1977 ex.s. c 283 § 13; 1975
1st ex.s. c 115 § 1; 1973 c 34 § 1; 1971 c 33 § 1; 1969 c 88
§ 1; 1969 c 40 § 1; 1967 c 239 § 3.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
39.34.030 Joint powers—Agreements for joint or
cooperative action, requisites, effect on responsibilities of
component agencies—Financing of joint projects. (1)
Any power or powers, privileges or authority exercised or
capable of exercise by a public agency of this state may be
exercised and enjoyed jointly with any other public agency
of this state having the power or powers, privilege or
authority, and jointly with any public agency of any other
state or of the United States to the extent that laws of such
other state or of the United States permit such joint exercise
or enjoyment. Any agency of the state government when
acting jointly with any public agency may exercise and enjoy
all of the powers, privileges and authority conferred by this
chapter upon a public agency.
(2) Any two or more public agencies may enter into
agreements with one another for joint or cooperative action
pursuant to the provisions of this chapter: PROVIDED, That
any such joint or cooperative action by public agencies
which are educational service districts and/or school districts
shall comply with the provisions of RCW 28A.320.080.
Appropriate action by ordinance, resolution or otherwise
pursuant to law of the governing bodies of the participating
public agencies shall be necessary before any such agreement may enter into force.
(3) Any such agreement shall specify the following:
(a) Its duration;
(b) The precise organization, composition and nature of
any separate legal or administrative entity created thereby
together with the powers delegated thereto, provided such
entity may be legally created. Such entity may include a
nonprofit corporation organized pursuant to chapter 24.03 or
24.06 RCW whose membership is limited solely to the
participating public agencies or a partnership organized
[Title 39 RCW—page 40]
pursuant to chapter 25.04 RCW whose partners are limited
solely to participating public agencies and the funds of any
such corporation or partnership shall be subject to audit in
the manner provided by law for the auditing of public funds;
(c) Its purpose or purposes;
(d) The manner of financing the joint or cooperative
undertaking and of establishing and maintaining a budget
therefor;
(e) The permissible method or methods to be employed
in accomplishing the partial or complete termination of the
agreement and for disposing of property upon such partial or
complete termination;
(f) Any other necessary and proper matters.
(4) In the event that the agreement does not establish a
separate legal entity to conduct the joint or cooperative
undertaking, the agreement shall, in addition to items (a), (c),
(d), (e) and (f) enumerated in subdivision (3) hereof, contain
the following:
(a) Provision for an administrator or a joint board
responsible for administering the joint or cooperative
undertaking. In the case of a joint board, public agencies
party to the agreement shall be represented;
(b) The manner of acquiring, holding and disposing of
real and personal property used in the joint or cooperative
undertaking. Any joint board is authorized to establish a
special fund with a state, county, city, or district treasurer
servicing an involved public agency designated "Operating
fund of . . . . . . joint board".
(5) No agreement made pursuant to this chapter shall
relieve any public agency of any obligation or responsibility
imposed upon it by law except that to the extent of actual
and timely performance thereof by a joint board or other
legal or administrative entity created by an agreement made
hereunder, the performance may be offered in satisfaction of
the obligation or responsibility.
(6) Financing of joint projects by agreement shall be as
provided by law. [1992 c 161 § 4; 1990 c 33 § 568; 1981
c 308 § 2; 1972 ex.s. c 81 § 1; 1967 c 239 § 4.]
Intent—1992 c 161: See note following RCW 70.44.450.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1981 c 308: See note following RCW 28A.320.080.
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
39.34.040 Agreements to be filed—Status of interstate agreements—Real party in interest—Actions. Prior
to its entry into force, an agreement made pursuant to this
chapter shall be filed with the county auditor. In the event
that an agreement entered into pursuant to this chapter is
between or among one or more public agencies of this state
and one or more public agencies of another state or of the
United States the agreement shall have the status of an interstate compact, but in any case or controversy involving
performance or interpretation thereof or liability thereunder,
the public agencies party thereto shall be real parties in
interest and the state may maintain an action to recoup or
otherwise make itself whole for any damages or liability
which it may incur by reason of being joined as a party
therein. Such action shall be maintainable against any public
agency or agencies whose default, failure of performance, or
other conduct caused or contributed to the incurring of
(2002 Ed.)
Interlocal Cooperation Act
damage or liability by the state. [1995 c 22 § 1; 1992 c 161
§ 5; 1967 c 239 § 5.]
Intent—1992 c 161: See note following RCW 70.44.450.
39.34.050 Duty to submit agreement to jurisdictional state officer or agency. In the event that an agreement
made pursuant to this chapter shall deal in whole or in part
with the provision of services or facilities with regard to
which an officer or agency of the state government has
constitutional or statutory powers of control, the agreement
shall, as a condition precedent to its entry into force, be
submitted to the state officer or agency having such power
of control. The agreement shall be approved or disapproved
by the state officer or agency with regard to matters within
his, her, or its jurisdiction within ninety days after receipt of
the agreement. If a state officer or agency fails to act within
the ninety-day time limit, the agreement shall be deemed
approved by that state officer or agency. [1992 c 161 § 6;
1967 c 239 § 6.]
Intent—1992 c 161: See note following RCW 70.44.450.
39.34.055 Public purchase agreements with public
benefit nonprofit corporations. The office of state procurement within the department of general administration
may enter into an agreement with a public benefit nonprofit
corporation to allow the public benefit nonprofit corporation
to participate in state contracts for purchases administered by
the office of state procurement. Such agreement must
comply with the requirements of RCW 39.34.030 through
39.34.050. For the purposes of this section "public benefit
nonprofit corporation" means a public benefit nonprofit
corporation as defined in RCW 24.03.005 that is receiving
local, state, or federal funds either directly or through a
public agency other than an Indian tribe or a political
subdivision of another state. [1994 c 98 § 1.]
39.34.060 Participating agencies may appropriate
funds and provide personnel, property, and services.
Any public agency entering into an agreement pursuant to
this chapter may appropriate funds and may sell, lease, give,
or otherwise supply property, personnel, and services to the
administrative joint board or other legal or administrative
entity created to operate the joint or cooperative undertaking.
[1992 c 161 § 7; 1967 c 239 § 7.]
Intent—1992 c 161: See note following RCW 70.44.450.
39.34.070 Authority of joint boards to receive loans
or grants. Any joint board created pursuant to the provisions of this chapter is hereby authorized to accept loans or
grants of federal, state or private funds in order to accomplish the purposes of this chapter provided each of the
participating public agencies is authorized by law to receive
such funds. [1967 c 239 § 8.]
39.34.080 Contracts to perform governmental
activities which each contracting agency is authorized to
perform. Any one or more public agencies may contract
with any one or more other public agencies to perform any
governmental service, activity, or undertaking which each
public agency entering into the contract is authorized by law
(2002 Ed.)
39.34.040
to perform: PROVIDED, That such contract shall be
authorized by the governing body of each party to the
contract. Such contract shall set forth fully the purposes,
powers, rights, objectives, and responsibilities of the contracting parties. [1967 c 239 § 9.]
39.34.085 Agreements for operation of bus services.
In addition to the other powers granted by chapter 39.34
RCW, one or more cities or towns or a county, or any
combination thereof, may enter into agreements with each
other or with a public transportation agency of a contiguous
state, or contiguous Canadian province, to allow a city or
such other transportation agency to operate bus service for
the transportation of the general public within the territorial
boundaries of such city and/or county or to allow such city
and/or county to operate such bus service within the jurisdiction of such other public agency when no such existing bus
certificate of public convenience and necessity has been
authorized by the Washington utilities and transportation
commission: PROVIDED, HOWEVER, That such transportation may extend beyond the territorial boundaries of either
party to the agreement if the agreement so provides, and if
such service is not in conflict with existing bus service
authorized by the Washington utilities and transportation
commission. The provisions of this section shall be cumulative and nonexclusive and shall not affect any other right
granted by this chapter or any other provision of law. [1977
c 46 § 1; 1969 ex.s. c 139 § 1.]
39.34.090 Agencies’ contracting authority regarding
electricity, utilities’ powers, preserved. Nothing in this
chapter shall be construed to increase or decrease existing
authority of any public agency of this state to enter into
agreements or contracts with any other public agency of this
state or of any other state or the United States with regard to
the generation, transmission, or distribution of electricity or
the existing powers of any private or public utilities. [1967
c 239 § 10.]
39.34.100 Powers conferred by chapter are supplemental. The powers and authority conferred by this chapter
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers
or authority of any public agency. [1967 c 239 § 11.]
39.34.110 Powers otherwise prohibited by Constitutions or federal laws. No power, privilege, or other
authority shall be exercised under this chapter where
prohibited by the state Constitution or the Constitution or
laws of the federal government. [1967 c 239 § 12.]
39.34.130 Transactions between state agencies—
Charging of costs—Regulation by director of financial
management. Except as otherwise provided by law, the full
costs of a state agency incurred in providing services or
furnishing materials to or for another agency under chapter
39.34 RCW or any other statute shall be charged to the
agency contracting for such services or materials and shall
be repaid and credited to the fund or appropriation against
which the expenditure originally was charged. Amounts
[Title 39 RCW—page 41]
39.34.130
Title 39 RCW: Public Contracts and Indebtedness
representing a return of expenditures from an appropriation
shall be considered as returned loans of services or of goods,
supplies or other materials furnished, and may be expended
as part of the original appropriation to which they belong
without further or additional appropriation. Such interagency
transactions shall be subject to regulation by the director of
financial management, including but not limited to provisions
for the determination of costs, prevention of interagency
contract costs beyond those which are fully reimbursable,
disclosure of reimbursements in the governor’s budget and
such other requirements and restrictions as will promote
more economical and efficient operations of state agencies.
Except as otherwise provided by law, this section shall
not apply to the furnishing of materials or services by one
agency to another when other funds have been provided
specifically for that purpose pursuant to law. [1979 c 151 §
45; 1969 ex.s. c 61 § 1.]
Duty to submit agreement of jurisdictional state officer or agency: RCW
39.34.050.
39.34.140 Transactions between state agencies—
Procedures for payments through transfers upon accounts. The director of financial management may establish
procedures whereby some or all payments between state
agencies may be made by transfers upon the accounts of the
state treasurer in lieu of making such payments by warrant
or check. Such procedures, when established, shall include
provision for corresponding entries to be made in the
accounts of the affected agencies. [1979 c 151 § 46; 1969
ex.s. c 61 § 2.]
39.34.150 Transactions between state agencies—
Advancements. State agencies are authorized to advance
funds to defray charges for materials to be furnished or services to be rendered by other state agencies. Such advances
shall be made only upon the approval of the director of
financial management, or his order made pursuant to an
appropriate regulation requiring advances in certain cases.
An advance shall be made from the fund or appropriation
available for the procuring of such services or materials, to
the state agency which is to perform the services or furnish
the materials, in an amount no greater than the estimated
charges therefor. [1979 c 151 § 47; 1969 ex.s. c 61 § 3.]
39.34.160 Transactions between state agencies—
Time limitation for expenditure of advance—Unexpended
balance. An advance made under RCW 39.34.130 through
39.34.150 from appropriated funds shall be available for
expenditure for no longer than the period of the appropriation from which it was made. When the actual costs of
materials and services have been finally determined, and in
no event later than the lapsing of the appropriation, any
unexpended balance of the advance shall be returned to the
agency for credit to the fund or account from which it was
made. [1969 ex.s. c 61 § 4.]
39.34.170 Transactions between state agencies—
Powers and authority cumulative. The powers and
authority conferred by RCW 39.34.130 through 39.34.160
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and not to limit any
[Title 39 RCW—page 42]
other powers or authority of any public agency expressly
granted by any other statute. [1969 ex.s. c 61 § 5.]
39.34.180 Criminal justice responsibilities—
Interlocal agreements—Termination. (1) Each county,
city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross
misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law
enforcement agencies, whether filed under state law or city
ordinance, and must carry out these responsibilities through
the use of their own courts, staff, and facilities, or by
entering into contracts or interlocal agreements under this
chapter to provide these services. Nothing in this section is
intended to alter the statutory responsibilities of each county
for the prosecution, adjudication, sentencing, and incarceration for not more than one year of felony offenders, nor shall
this section apply to any offense initially filed by the
prosecuting attorney as a felony offense or an attempt to
commit a felony offense.
(2) The following principles must be followed in
negotiating interlocal agreements or contracts: Cities and
counties must consider (a) anticipated costs of services; and
(b) anticipated and potential revenues to fund the services,
including fines and fees, criminal justice funding, and stateauthorized sales tax funding levied for criminal justice
purposes.
(3) If an agreement as to the levels of compensation
within an interlocal agreement or contract for gross misdemeanor and misdemeanor services cannot be reached
between a city and county, then either party may invoke
binding arbitration on the compensation issued by notice to
the other party. In the case of establishing initial compensation, the notice shall request arbitration within thirty days.
In the case of nonrenewal of an existing contract or
interlocal agreement, the notice must be given one hundred
twenty days prior to the expiration of the existing contract or
agreement and the existing contract or agreement remains in
effect until a new agreement is reached or until an arbitration
award on the matter of fees is made. The city and county
each select one arbitrator, and the initial two arbitrators pick
a third arbitrator.
(4) A city or county that wishes to terminate an agreement for the provision of court services must provide written
notice of the intent to terminate the agreement in accordance
with RCW 3.50.810 and 35.20.010.
(5) For cities or towns that have not adopted, in whole
or in part, criminal code or ordinance provisions related to
misdemeanor and gross misdemeanor crimes as defined by
state law, this section shall have no application until July 1,
1998. [2001 c 68 § 4; 1996 c 308 § 1.]
Effective date—1996 c 308: "This act shall take effect January 1,
1997." [1996 c 308 § 2.]
39.34.900 Short title. This chapter may be cited as
the "Interlocal Cooperation Act." [1967 c 239 § 2.]
39.34.910 Severability—1967 c 239. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
(2002 Ed.)
Interlocal Cooperation Act
application of the provision to other persons or circumstances is not affected. [1967 c 239 § 14.]
39.34.920 Effective date—1967 c 239. The effective
date of this chapter is July 1, 1967. [1967 c 239 § 15.]
Chapter 39.35
ENERGY CONSERVATION IN DESIGN
OF PUBLIC FACILITIES
Sections
39.35.010
39.35.020
39.35.030
39.35.040
39.35.050
39.35.060
39.35.900
Legislative finding.
Legislative declaration.
Definitions.
Facility design to include life-cycle cost analysis.
Life-cycle cost analysis—Guidelines.
Life-cycle cost analysis—Review fees.
Severability—1975 1st ex.s. c 177.
39.35.010 Legislative finding. The legislature hereby
finds:
(1) That major publicly owned or leased facilities have
a significant impact on our state’s consumption of energy;
(2) That energy conservation practices including energy
management systems and renewable energy systems adopted
for the design, construction, and utilization of such facilities
will have a beneficial effect on our overall supply of energy;
(3) That the cost of the energy consumed by such
facilities over the life of the facilities shall be considered in
addition to the initial cost of constructing such facilities;
(4) That the cost of energy is significant and major
facility designs shall be based on the total life-cycle cost,
including the initial construction cost, and the cost, over the
economic life of a major facility, of the energy consumed,
and of the operation and maintenance of a major facility as
they affect energy consumption; and
(5) That the use of energy systems in these facilities
which utilize renewable resources such as solar energy,
wood or wood waste, or other nonconventional fuels, and
which incorporate energy management systems, shall be
considered in the design of all publicly owned or leased
facilities. [2001 c 214 § 15; 1982 c 159 § 1; 1975 1st ex.s.
c 177 § 1.]
Findings—2001 c 214: "(1) The legislature hereby finds that:
(a) The economy of the state and the health, safety, and welfare of its
citizens are threatened by the current energy supply and price instabilities;
(b) Many energy efficiency programs for public buildings launched
during the 1970s and 1980s were not maintained during the subsequent
sustained period of low energy costs and abundant supply; and
(c) Conservation programs originally established in the 1970s and
1980s can be improved or updated. New programs drawing on recently
developed technologies, including demand-side energy management systems,
can materially increase the efficiency of energy use by the public sector.
(2) It is the policy of the state of Washington that:
(a) State government is committed to achieving significant gains in
energy efficiency. Conventional conservation programs will be reviewed
and updated in light of experience gained since their commencement;
(b) State government must play a leading role in demonstrating
updated and new energy efficiency technologies. New programs or
measures made possible by technological advances, such as demand-side
response measures and energy management systems, shall be treated in the
same manner as conventional conservation programs and will be integrated
into the state’s energy efficiency programs." [2001 c 214 § 14.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
(2002 Ed.)
39.34.910
Applicability—1982 c 159: "This act does not apply to a major
facility construction or renovation on which a life-cycle cost analysis is
commenced under chapter 39.35 RCW before June 10, 1982." [1982 c 159
§ 5.]
39.35.020 Legislative declaration. The legislature
declares that it is the public policy of this state to insure that
energy conservation practices and renewable energy systems
are employed in the design of major publicly owned or
leased facilities and that the use of at least one renewable
energy system is considered. To this end the legislature
authorizes and directs that public agencies analyze the cost
of energy consumption of each major facility to be planned
and constructed or renovated after September 8, 1975. [1982
c 159 § 2; 1975 1st ex.s. c 177 § 2.]
Applicability—1982 c 159: See notes following RCW 39.35.010.
39.35.030 Definitions. For the purposes of this
chapter the following words and phrases shall have the
following meanings unless the context clearly requires otherwise:
(1) "Public agency" means every state office, officer,
board, commission, committee, bureau, department, and all
political subdivisions of the state.
(2) "Department" means the state department of general
administration.
(3) "Major facility" means any publicly owned or leased
building having twenty-five thousand square feet or more of
usable floor space.
(4) "Initial cost" means the moneys required for the
capital construction or renovation of a major facility.
(5) "Renovation" means additions, alterations, or repairs
within any twelve-month period which exceed fifty percent
of the value of a major facility and which will affect any
energy system.
(6) "Economic life" means the projected or anticipated
useful life of a major facility as expressed by a term of
years.
(7) "Energy management system" means a program,
energy efficiency equipment, technology, device, or other
measure including, but not limited to, a management, educational, or promotional program, smart appliance, meter
reading system that provides energy information capability,
computer software or hardware, communications equipment
or hardware, thermostat or other control equipment, together
with related administrative or operational programs, that
allows identification and management of opportunities for
improvement in the efficiency of energy use, including but
not limited to a measure that allows:
(a) Energy consumers to obtain information about their
energy usage and the cost of energy in connection with their
usage;
(b) Interactive communication between energy consumers and their energy suppliers;
(c) Energy consumers to respond to energy price signals
and to manage their purchase and use of energy; or
(d) For other kinds of dynamic, demand-side energy
management.
(8) "Life-cycle cost" means the initial cost and cost of
operation of a major facility over its economic life. This
shall be calculated as the initial cost plus the operation,
maintenance, and energy costs over its economic life,
[Title 39 RCW—page 43]
39.35.030
Title 39 RCW: Public Contracts and Indebtedness
reflecting anticipated increases in these costs discounted to
present value at the current rate for borrowing public funds,
as determined by the office of financial management. The
energy cost projections used shall be those provided by the
department. The department shall update these projections
at least every two years.
(9) "Life-cycle cost analysis" includes, but is not limited
to, the following elements:
(a) The coordination and positioning of a major facility
on its physical site;
(b) The amount and type of fenestration employed in a
major facility;
(c) The amount of insulation incorporated into the
design of a major facility;
(d) The variable occupancy and operating conditions of
a major facility; and
(e) An energy-consumption analysis of a major facility.
(10) "Energy systems" means all utilities, including, but
not limited to, heating, air-conditioning, ventilating, lighting,
and the supplying of domestic hot water.
(11) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and
type of energy including the internal energy load imposed on
a major facility by its occupants, equipment, and components, and the external energy load imposed on a major
facility by the climatic conditions of its location. An energyconsumption analysis of the operation of energy systems of
a major facility shall include, but not be limited to, the
following elements:
(a) The comparison of three or more system alternatives,
at least one of which shall include renewable energy systems, and one of which shall comply at a minimum with the
sustainable design guidelines of the United States green
building council leadership in energy and environmental
design silver standard or similar design standard as may be
adopted by rule by the department;
(b) The simulation of each system over the entire range
of operation of such facility for a year’s operating period;
and
(c) The evaluation of the energy consumption of
component equipment in each system considering the
operation of such components at other than full or rated
outputs.
The energy-consumption analysis shall be prepared by
a professional engineer or licensed architect who may use
computers or such other methods as are capable of producing
predictable results.
(12) "Renewable energy systems" means methods of
facility design and construction and types of equipment for
the utilization of renewable energy sources including, but not
limited to, hydroelectric power, active or passive solar space
heating or cooling, domestic solar water heating, windmills,
waste heat, biomass and/or refuse-derived fuels, photovoltaic
devices, and geothermal energy.
(13) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source. Where these forms are electricity and thermal
energy, then the operating and efficiency standards established by 18 C.F.R. Sec. 292.205 and the definitions established by 18 C.F.R. 292.202 (c) through (m) as of July 28,
1991, shall apply.
[Title 39 RCW—page 44]
(14) "Selected buildings" means educational, office,
residential care, and correctional facilities that are designed
to comply with the design standards analyzed and recommended by the department.
(15) "Design standards" means the heating, air-conditioning, ventilating, and renewable resource systems identified, analyzed, and recommended by the department as
providing an efficient energy system or systems based on the
economic life of the selected buildings. [2001 c 214 § 16;
1996 c 186 § 402; 1994 c 242 § 1; 1991 c 201 § 14; 1982
c 159 § 3; 1975 1st ex.s. c 177 § 3.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Captions not law—Severability—1991 c 201: See RCW 39.35C.900
and 39.35C.901.
Applicability—1982 c 159: See notes following RCW 39.35.010.
39.35.040 Facility design to include life-cycle cost
analysis. Whenever a public agency determines that any
major facility is to be constructed or renovated, such agency
shall cause to be included in the design phase of such construction or renovation a provision that requires a life-cycle
cost analysis conforming with the guidelines developed in
RCW 39.35.050 to be prepared for such facility. Such
analysis shall be approved by the agency prior to the
commencement of actual construction or renovation. A
public agency may accept the facility design if the agency is
satisfied that the life-cycle cost analysis provides for an
efficient energy system or systems based on the economic
life of the major facility.
Nothing in this section prohibits the construction or
renovation of major facilities which utilize renewable energy
systems. [1994 c 242 § 2; 1982 c 159 § 4; 1975 1st ex.s. c
177 § 4.]
Applicability—1982 c 159: See notes following RCW 39.35.010.
39.35.050 Life-cycle cost analysis—Guidelines. The
department, in consultation with affected public agencies,
shall develop and issue guidelines for administering this
chapter. The purpose of the guidelines is to define a
procedure and method for performance of life-cycle cost
analysis to promote the selection of low-life-cycle cost
alternatives. At a minimum, the guidelines must contain
provisions that:
(1) Address energy considerations during the planning
phase of the project;
(2) Identify energy components and system alternatives
including energy management systems, renewable energy
systems, and cogeneration applications prior to commencing
the energy consumption analysis;
(3) Identify simplified methods to assure the lowest lifecycle cost alternatives for selected buildings with between
twenty-five thousand and one hundred thousand square feet
of usable floor area;
(4) Establish times during the design process for
preparation, review, and approval or disapproval of the lifecycle cost analysis;
(2002 Ed.)
Energy Conservation in Design of Public Facilities
(5) Specify the assumptions to be used for escalation
and inflation rates, equipment service lives, economic
building lives, and maintenance costs;
(6) Determine life-cycle cost analysis format and
submittal requirements to meet the provisions of chapter 201,
Laws of 1991;
(7) Provide for review and approval of life-cycle cost
analysis. [2001 c 214 § 17; 1996 c 186 § 403; 1994 c 242
§ 3; 1991 c 201 § 15.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Captions not law—Severability—1991 c 201: See RCW 39.35C.900
and 39.35C.901.
39.35.060 Life-cycle cost analysis—Review fees.
The department may impose fees upon affected public
agencies for the review of life-cycle cost analyses. The fees
shall be deposited in the general administration services
account. The purpose of the fees is to recover the costs by
the department for review of the analyses. The department
shall set fees at a level necessary to recover all of its costs
related to increasing the energy efficiency of state-supported
new construction. The fees shall not exceed one-tenth of
one percent of the total cost of any project or exceed two
thousand dollars for any project unless mutually agreed to.
The department shall provide detailed calculation ensuring
that the energy savings resulting from its review of life-cycle
cost analysis justify the costs of performing that review.
[2001 c 292 § 1; 1996 c 186 § 404; 1991 c 201 § 16.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Captions not law—Severability—1991 c 201: See RCW 39.35C.900
and 39.35C.901.
39.35.900 Severability—1975 1st ex.s. c 177. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 177 § 5.]
Chapter 39.35A
PERFORMANCE-BASED CONTRACTS FOR
ENERGY EQUIPMENT
Sections
39.35A.010 Legislative finding.
39.35A.020 Definitions.
39.35A.030 Performance-based contracts for energy equipment and supplies.
39.35A.040 Application of other procurement requirements.
39.35A.050 Energy service contractor registry—Identification of performance-based contracting services.
39.35A.010 Legislative finding. The legislature finds
that:
(1) Conserving energy in publicly owned buildings will
have a beneficial effect on our overall supply of energy;
(2) Conserving energy in publicly owned buildings can
result in cost savings for taxpayers; and
(2002 Ed.)
39.35.050
(3) Performance-based energy contracts are a means by
which municipalities can achieve energy conservation
without capital outlay.
Therefore, the legislature declares that it is the policy
that a municipality may, after a competitive selection
process, negotiate a performance-based energy contract with
a firm that offers the best proposal. [1985 c 169 § 1.]
39.35A.020 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Energy equipment and services" means energy
management systems and any equipment, materials, or
supplies that are expected, upon installation, to reduce the
energy use or energy cost of an existing building or facility,
and the services associated with the equipment, materials, or
supplies, including but not limited to design, engineering,
financing, installation, project management, guarantees,
operations, and maintenance.
(2) "Energy management system" has the definition
provided in RCW 39.35.030.
(3) "Municipality" has the definition provided in RCW
39.04.010.
(4) "Performance-based contract" means one or more
contracts for energy equipment and services between a
municipality and any other persons or entities, if the payment
obligation for each year under the contract, including the
year of installation, is either: (a) Set as a percentage of the
annual energy cost savings attributable under the contract to
the energy equipment and services; or (b) guaranteed by the
other persons or entities to be less than the annual energy
cost savings attributable under the contract to the energy
equipment and services. Such guarantee shall be, at the
option of the municipality, a bond or insurance policy, or
some other guarantee determined sufficient by the municipality to provide a level of assurance similar to the level
provided by a bond or insurance policy. [2001 c 214 § 18;
1985 c 169 § 2.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
39.35A.030 Performance-based contracts for energy
equipment and supplies. (1) Each municipality shall
publish in advance its requirements to procure energy equipment and services under a performance-based contract. The
announcement shall state concisely the scope and nature of
the equipment and services for which a performance-based
contract is required, and shall encourage firms to submit
proposals to meet these requirements.
(2) The municipality may negotiate a fair and reasonable
performance-based contract with the firm that is identified,
based on the criteria that is established by the municipality,
to be the firm that submits the best proposal.
(3) If the municipality is unable to negotiate a satisfactory contract with the firm that submits the best proposal,
negotiations with that firm shall be formally terminated and
the municipality may select another firm in accordance with
this section and continue negotiation until a performancebased contract is reached or the selection process is terminated. [1985 c 169 § 3.]
[Title 39 RCW—page 45]
39.35A.040
Title 39 RCW: Public Contracts and Indebtedness
39.35A.040 Application of other procurement
requirements. If a municipality chooses, by resolution or
other appropriate mechanism, to negotiate a performancebased contract under this chapter, no otherwise applicable
statutory procurement requirement applies. [1985 c 169 §
4.]
39.35A.050 Energy service contractor registry—
Identification of performance-based contracting services.
The state department of general administration shall maintain
a registry of energy service contractors and provide assistance to municipalities in identifying available performancebased contracting services. [2001 c 214 § 19.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Chapter 39.35B
LIFE-CYCLE COST ANALYSIS OF
PUBLIC FACILITIES
Sections
39.35B.010
39.35B.020
39.35B.030
39.35B.040
Legislative findings.
Legislative declaration.
Intent.
Implementation.
39.35B.010 Legislative findings. The legislature finds
that:
(1) Operating costs of a facility over its lifetime may
greatly exceed the initial cost of the facility;
(2) In the planning, design, and funding for new
construction or major renovation of state-owned facilities it
is desirable to consider not only the initial costs relating to
design and construction or acquisition, but the anticipated
operating costs relating to the building throughout its life;
(3) The consideration of both initial and operating costs
is known as life-cycle cost or life-cycle cost analysis;
(4) Operating costs of a facility for purposes of this
chapter include, but are not limited to, energy costs, maintenance and repair costs, and costs of the work or activity
performed within the facility, including wages and salaries;
(5) Current law, chapter 39.35 RCW, speaks to lifecycle cost analysis only in relation to energy conservation;
and
(6) Life-cycle cost may not be suitable or cost-effective
for all capital projects or all components of a facility, and is
not an exclusive criteria for decision-making, but is nonetheless a useful framework for evaluating design and capital
investment alternatives. [1986 c 127 § 1.]
39.35B.020 Legislative declaration. The legislature
declares that:
(1) It is the policy of the state to consider life-cycle
costs in the selection of facility design alternatives, to the
full extent practical, reasonable, and cost-effective;
(2) Life-cycle cost should be considered by the state
government, school districts, and state universities and
community colleges in the planning, design, and funding for
new construction or major renovations; and
[Title 39 RCW—page 46]
(3) Use of life-cycle cost should be encouraged for
cities, counties, and other governmental districts including
special purpose districts. [1986 c 127 § 2.]
39.35B.030
Intent. It is the intent of the legislature
to:
(1) Expand the definition and use of "life-cycle cost"
and "life-cycle cost analysis" to include consideration of all
operating costs, as opposed to only energy-related costs as
addressed by chapter 39.35 RCW;
(2) Encourage the recognition, development, and use of
life-cycle cost concepts and procedures by both the executive
and legislative branches in the state’s design development
and capital budgeting processes;
(3) Ensure the dissemination and use of a common and
realistic discount rate by all state agencies in the calculation
of the present value of future costs;
(4) Allow and encourage the executive branch to
develop specific techniques and procedures for the state
government and its agencies, and state universities and
community colleges to implement this policy; and
(5) Encourage cities, counties, and other governmental
districts including special purpose districts to adopt programs
and procedures to implement this policy. [1986 c 127 § 3.]
39.35B.040 Implementation. The principal executives
of all state agencies are responsible for implementing the
policy set forth in this chapter. The office of financial
management in conjunction with the department of general
administration may establish guidelines for compliance by
the state government and its agencies, and state universities
and community colleges. The office of financial management shall include within its biennial capital budget instructions:
(1) A discount rate for the use of all agencies in
calculating the present value of future costs, and several
examples of resultant trade-offs between annual operating
costs eliminated and additional capital costs thereby justified;
and
(2) Types of projects and building components that are
particularly appropriate for life-cycle cost analysis. [1986 c
127 § 4.]
Chapter 39.35C
ENERGY CONSERVATION PROJECTS
Sections
39.35C.010 Definitions.
39.35C.020 State agency and school district conservation projects—
Implementation—Department assistance.
39.35C.025 Energy audit of school district facilities—Completion
dates—Identification, implementation of cost-effective
energy conservation measures.
39.35C.030 Department coordination of conservation development with
utilities.
39.35C.040 Sale of conserved energy.
39.35C.050 Authority of state agencies and school districts to implement
conservation.
39.35C.060 Authority to finance conservation in school districts and
state agencies.
39.35C.070 Development of cogeneration projects.
39.35C.080 Sale of cogenerated electricity and thermal energy.
39.35C.090 Additional authority of state agencies.
(2002 Ed.)
Energy Conservation Projects
39.35C.100
39.35C.130
39.35C.900
39.35C.901
Energy efficiency construction account.
Adoption of rules.
Captions not law—1991 c 201.
Severability—1991 c 201.
39.35C.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source. If these forms are electricity and thermal energy,
then the operating and efficiency standards established by 18
C.F.R. Sec. 292.205 and the definitions established by 18
C.F.R. Sec. 292.202 (c) through (m) apply.
(2) "Conservation" means reduced energy consumption
or energy cost, or increased efficiency in the use of energy,
and activities, measures, or equipment designed to achieve
such results, but does not include thermal or electric energy
production from cogeneration.
(3) "Cost-effective" means that the present value to a
state agency or school district of the energy reasonably
expected to be saved or produced by a facility, activity,
measure, or piece of equipment over its useful life, including
any compensation received from a utility or the Bonneville
power administration, is greater than the net present value of
the costs of implementing, maintaining, and operating such
facility, activity, measure, or piece of equipment over its
useful life, when discounted at the cost of public borrowing.
(4) "Energy" means energy as defined in RCW
43.21F.025(1).
(5) "Energy audit" has the definition provided in RCW
43.19.670.
(6) "Energy efficiency project" means a conservation or
cogeneration project.
(7) "Energy efficiency services" means assistance
furnished by the department to state agencies and school
districts in identifying, evaluating, and implementing energy
efficiency projects.
(8) "Department" means the state department of general
administration.
(9) "Performance-based contracting" means contracts for
which payment is conditional on achieving contractually
specified energy savings.
(10) "Public agency" means every state office, officer,
board, commission, committee, bureau, department, and all
political subdivisions of the state.
(11) "Public facility" means a building or structure, or
a group of buildings or structures at a single site, owned by
a state agency or school district.
(12) "State agency" means every state office or department, whether elective or appointive, state institutions of
higher education, and all boards, commissions, or divisions
of state government, however designated.
(13) "State facility" means a building or structure, or a
group of buildings or structures at a single site, owned by a
state agency.
(14) "Utility" means privately or publicly owned electric
and gas utilities, electric cooperatives and mutuals, whether
located within or without Washington state.
(15) "Local utility" means the utility or utilities in
whose service territory a public facility is located. [2001 c
214 § 20; 1996 c 186 § 405; 1991 c 201 § 2.]
(2002 Ed.)
Chapter 39.35C
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.020 State agency and school district conservation projects—Implementation—Department assistance.
(1) Each state agency and school district shall implement
cost-effective conservation improvements and maintain
efficient operation of its facilities in order to minimize
energy consumption and related environmental impacts and
reduce operating costs. Each state agency shall undertake an
energy audit and implement cost-effective conservation
measures pursuant to the time schedules and requirements set
forth in chapter 43.19 RCW, except that any state agency
that, after December 31, 1997, has completed energy audits
and implemented cost-effective conservation measures, or
has contracted with an energy service company for energy
audits and conservation measures, is deemed to have met the
requirements of this subsection for those facilities included
in the audits and conservation measures. Each school district shall undertake an energy audit and implement costeffective conservation measures pursuant to the time schedules and requirements set forth in RCW 39.35C.025. Performance-based contracting shall be the preferred method for
completing energy audits and implementing cost-effective
conservation measures.
(2) The department shall assist state agencies and school
districts in identifying, evaluating, and implementing costeffective conservation projects at their facilities. The
assistance shall include the following:
(a) Notifying state agencies and school districts of their
responsibilities under this chapter;
(b) Apprising state agencies and school districts of
opportunities to develop and finance such projects;
(c) Providing technical and analytical support, including
procurement of performance-based contracting services;
(d) Reviewing verification procedures for energy
savings; and
(e) Assisting in the structuring and arranging of financing for cost-effective conservation projects.
(3) Conservation projects implemented under this
chapter shall have appropriate levels of monitoring to verify
the performance and measure the energy savings over the
life of the project. The department shall solicit involvement
in program planning and implementation from utilities and
other energy conservation suppliers, especially those that
have demonstrated experience in performance-based energy
programs.
(4) The department shall comply with the requirements
of chapter 39.80 RCW when contracting for architectural or
engineering services.
(5) The department shall recover any costs and expenses
it incurs in providing assistance pursuant to this section,
including reimbursement from third parties participating in
conservation projects. The department shall enter into a
written agreement with the public agency for the recovery of
costs. [2001 c 214 § 21; 1996 c 186 § 406; 1991 c 201 §
3.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
[Title 39 RCW—page 47]
39.35C.020
Title 39 RCW: Public Contracts and Indebtedness
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.025 Energy audit of school district facilities—Completion dates—Identification, implementation
of cost-effective energy conservation measures. (1) Except
as provided in subsections (2) and (3) of this section, each
school district shall conduct an energy audit of its facilities.
This energy audit may be conducted by contract or by other
arrangement, including appropriate district staff. Performance-based contracting shall be the preferred method for
implementing and completing energy audits.
(a) For each district facility, the energy consumption
surveys shall be completed no later than December 31, 2001,
and the walk-through surveys shall be completed no later
than October 1, 2002. Upon completion of each walkthrough survey, the district shall implement energy conservation maintenance and operation procedures that may be
identified for any district facility. These procedures shall be
implemented as soon as possible, but not later than twelve
months after the walk-through survey.
(b) Except as provided in subsection (3) of this section,
if a walk-through survey has identified potentially costeffective energy conservation measures, the district shall
undertake an investment grade audit of the facility. Investment grade audits shall be completed no later than June 30,
2003, and installation of cost-effective conservation measures
recommended in the investment grade audit shall be completed no later than December 31, 2004.
(2) A school district that, after December 31, 1997, has
completed energy audits and implemented cost-effective
conservation measures, or has contracted with an energy
service company for energy audits and conservation measures, is deemed to have met the requirements of this section
for those facilities included in the audits and conservation
measures.
(3) A school district that after reasonable efforts and
consultation with the department is unable to obtain a
contract with an energy service company to conduct an
investment grade audit or install cost-effective conservation
measures recommended in an investment grade audit, is
exempt from the requirements of subsection (1)(b) of this
section. [2001 c 214 § 22.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
39.35C.030 Department coordination of conservation development with utilities. (1) The department shall
consult with the local utilities to develop priorities for energy
conservation projects pursuant to this chapter, cooperate
where possible with existing utility programs, and consult
with the local utilities prior to implementing projects in their
service territory.
(2) A local utility shall be offered the initial opportunity
to participate in the development of conservation projects in
the following manner:
(a) Before initiating projects in a local utility service
territory, the department shall notify the local utility in
writing, on an annual basis, of public facilities in the local
[Title 39 RCW—page 48]
utility’s service territory at which the department anticipates
cost-effective conservation projects will be developed.
(b) Within sixty days of receipt of this notification, the
local utility may express interest in these projects by
submitting to the department a written description of the role
the local utility is willing to perform in developing and
acquiring the conservation at these facilities. This role may
include any local utility conservation programs which would
be available to the public facility, any competitive bidding or
solicitation process which the local utility will be undertaking in accordance with the rules of the utilities and transportation commission or the public utility district, municipal
utility, cooperative, or mutual governing body for which the
public facility would be eligible, or any other role the local
utility may be willing to perform.
(c) Upon receipt of the written description from the
local utility, the department shall, through discussions with
the local utility, and with involvement from state agencies
and school districts responsible for the public facilities,
develop a plan for coordinated delivery of conservation
services and financing or make a determination of whether
to participate in the local utility’s competitive bidding or
solicitation process. The plan shall identify the local utility
in roles that the local utility is willing to perform and that
are consistent with the provisions of RCW 39.35C.040(2) (d)
and (e). [1996 c 186 § 407; 1991 c 201 § 4.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.040 Sale of conserved energy. (1) It is the
intent of this chapter that the state, state agencies, and school
districts are compensated fairly for the energy savings
provided to utilities and be allowed to participate on an
equal basis in any utility conservation program, bidding, or
solicitation process. State agencies and school districts shall
not receive preferential treatment. For the purposes of this
section, any type of compensation from a utility or the
Bonneville power administration intended to achieve reductions or efficiencies in energy use which are cost-effective to
the utility or the Bonneville power administration shall be
regarded as a sale of energy savings. Such compensation
may include credits to the energy bill, low or no interest
loans, rebates, or payment per unit of energy saved. The
department shall, in coordination with utilities, the
Bonneville power administration, state agencies, and school
districts, facilitate the sale of energy savings at public
facilities including participation in any competitive bidding
or solicitation which has been agreed to by the state agency
or school district. Energy savings may only be sold to local
utilities or, under conditions specified in this section, to the
Bonneville power administration. The department shall not
attempt to sell energy savings occurring in one utility service
territory to a different utility. Nothing in this chapter
mandates that utilities purchase the energy savings.
(2) To ensure an equitable allocation of benefits to the
state, state agencies, and school districts, the following
conditions shall apply to transactions between utilities or the
Bonneville power administration and state agencies or school
districts for sales of energy savings:
(a) A transaction shall be approved by both the state
agency or school district and the department.
(2002 Ed.)
Energy Conservation Projects
(b) The state agency or school district and the department shall work together throughout the planning and
negotiation process for such transactions unless the department determines that its participation will not further the
purposes of this section.
(c) Before making a decision under (d) of this subsection, the department shall review the proposed transaction for
its technical and economic feasibility, the adequacy and
reasonableness of procedures proposed for verification of
project or program performance, the degree of certainty of
benefits to the state, state agency, or school district, the
degree of risk assumed by the state or school district, the
benefits offered to the state, state agency, or school district
and such other factors as the department determines to be
prudent.
(d) The department shall approve a transaction unless it
finds, pursuant to the review in (c) of this subsection, that
the transaction would not result in an equitable allocation of
costs and benefits to the state, state agency, or school
district, in which case the transaction shall be disapproved.
(e) In addition to the requirements of (c) and (d) of this
subsection, in areas in which the Bonneville power administration has a program for the purchase of energy savings at
public facilities, the department shall approve the transaction
unless the local utility cannot offer a benefit substantially
equivalent to that offered by the Bonneville power administration, in which case the transaction shall be disapproved.
In determining whether the local utility can offer a substantially equivalent benefit, the department shall consider the
net present value of the payment for energy savings; any
goods, services, or financial assistance provided by the local
utility; and any risks borne by the local utility. Any direct
negative financial impact on a nongrowing, local utility shall
be considered.
(3) Any party to a potential transaction may, within
thirty days of any decision to disapprove a transaction made
pursuant to subsection (2)(c), (d), or (e) of this section,
request an independent reviewer who is mutually agreeable
to all parties to the transaction to review the decision. The
parties shall within thirty days of selection submit to the
independent reviewer documentation supporting their
positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional
thirty days. [1996 c 186 § 408; 1991 c 201 § 5.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.050 Authority of state agencies and school
districts to implement conservation. In addition to any
other authorities conferred by law:
(1) The department, with the consent of the state agency
or school district responsible for a facility, a state or regional
university acting independently, and any other state agency
acting through the department of general administration or as
otherwise authorized by law, may:
(a) Develop and finance conservation at public facilities
in accordance with express provisions of this chapter;
(b) Contract for energy services, including performancebased contracts;
(c) Contract to sell energy savings from a conservation
project at public facilities to local utilities or the Bonneville
power administration.
(2002 Ed.)
39.35C.040
(2) A state or regional university acting independently,
and any other state agency acting through the department of
general administration or as otherwise authorized by law,
may undertake procurements for third-party development of
conservation at its facilities.
(3) A school district may:
(a) Develop and finance conservation at school district
facilities;
(b) Contract for energy services, including performancebased contracts at school district facilities; and
(c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or
the Bonneville power administration directly or to local
utilities or the Bonneville power administration through third
parties.
(4) In exercising the authority granted by subsections
(1), (2), and (3) of this section, a school district or state
agency must comply with the provisions of RCW
39.35C.040. [1996 c 186 § 409; 1991 c 201 § 6.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.060 Authority to finance conservation in
school districts and state agencies. State agencies may use
financing contracts under chapter 39.94 RCW to provide all
or part of the funding for conservation projects. The
department shall determine the eligibility of such projects for
financing contracts. The repayments of the financing
contracts shall be sufficient to pay, when due, the principal
and interest on the contracts. [1996 c 186 § 410; 1991 c 201
§ 7.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.070 Development of cogeneration projects.
(1) Consistent with the region’s need to develop costeffective, high efficiency electric energy resources, the state
shall investigate and, if appropriate, pursue development of
cost-effective opportunities for cogeneration in existing or
new state facilities.
(2) To assist state agencies in identifying, evaluating,
and developing potential cogeneration projects at their
facilities, the department shall notify state agencies of their
responsibilities under this chapter; apprise them of opportunities to develop and finance such projects; and provide
technical and analytical support. The department shall
recover costs for such assistance through written agreements,
including reimbursement from third parties participating in
such projects, for any costs and expenses incurred in
providing such assistance.
(3)(a) The department shall identify priorities for
cogeneration projects at state facilities, and, where such projects are initially deemed desirable by the department and the
appropriate state agency, the department shall notify the local
utility serving the state facility of its intent to conduct a
feasibility study at such facility. The department shall
consult with the local utility and provide the local utility an
opportunity to participate in the development of the feasibility study for the state facility it serves.
(b) If the local utility has an interest in participating in
the feasibility study, it shall notify the department and the
[Title 39 RCW—page 49]
39.35C.070
Title 39 RCW: Public Contracts and Indebtedness
state agency whose facility or facilities it serves within sixty
days of receipt of notification pursuant to (a) of this subsection as to the nature and scope of its desired participation.
The department, state agency, and local utility shall negotiate
the responsibilities, if any, of each in conducting the feasibility study, and these responsibilities shall be specified in a
written agreement.
(c) If a local utility identifies a potential cogeneration
project at a state facility for which it intends to conduct a
feasibility study, it shall notify the department and the
appropriate state agency. The department, state agency, and
local utility shall negotiate the responsibilities, if any, of
each in conducting the feasibility study, and these responsibilities shall be specified in a written agreement. Nothing in
this section shall preclude a local utility from conducting an
independent assessment of a potential cogeneration project
at a state facility.
(d) Agreements written pursuant to (a) and (b) of this
subsection shall include a provision for the recovery of costs
incurred by a local utility in performing a feasibility study in
the event such utility does not participate in the development
of the cogeneration project. If the local utility does participate in the cogeneration project through energy purchase,
project development or ownership, recovery of the utility’s
costs may be deferred or provided for through negotiation on
agreements for energy purchase, project development or
ownership.
(e) If the local utility declines participation in the feasibility study, the department and the state agency may receive
and solicit proposals to conduct the feasibility study from
other parties. Participation of these other parties shall also
be secured and defined by a written agreement which may
include the provision for reimbursement of costs incurred in
the formulation of the feasibility study.
(4) The feasibility study shall include consideration of
regional and local utility needs for power, the consistency of
the proposed cogeneration project with the state energy
strategy, the cost and certainty of fuel supplies, the value of
electricity produced, the capability of the state agency to
own and/or operate such facilities, the capability of utilities
or third parties to own and/or operate such facilities, requirements for and costs of standby sources of power, costs
associated with interconnection with the local electric
utility’s transmission system, the capability of the local
electric utility to wheel electricity generated by the facility,
costs associated with obtaining wheeling services, potential
financial risks and losses to the state and/or state agency,
measures to mitigate the financial risk to the state and/or
state agency, and benefits to the state and to the state agency
from a range of design configurations, ownership, and
operation options.
(5) Based upon the findings of the feasibility study, the
department and the state agency shall determine whether a
cogeneration project will be cost-effective and whether
development of a cogeneration project should be pursued.
This determination shall be made in consultation with the
local utility or, if the local utility had not participated in the
development of the feasibility study, with any third party that
may have participated in the development of the feasibility
study.
(a) Recognizing the local utility’s expertise, knowledge,
and ownership and operation of the local utility systems, the
[Title 39 RCW—page 50]
department and the state agency shall have the authority to
negotiate directly with the local utility for the purpose of
entering into a sole source contract to develop, own, and/or
operate the cogeneration facility. The contract may also
include provisions for the purchase of electricity or thermal
energy from the cogeneration facility, the acquisition of a
fuel source, and any financial considerations which may
accrue to the state from ownership and/or operation of the
cogeneration facility by the local utility.
(b) The department may enter into contracts through
competitive negotiation under this subsection for the development, ownership, and/or operation of a cogeneration
facility. In determining an acceptable bid, the department
and the state agency may consider such factors as technical
knowledge, experience, management, staff, or schedule, as
may be necessary to achieve economical construction or
operation of the project. The selection of a developer or
operator of a cogeneration facility shall be made in accordance with procedures for competitive bidding under chapter
43.19 RCW.
(c) The department shall comply with the requirements
of chapter 39.80 RCW when contracting for architectural or
engineering services.
(6)(a) The state may own and/or operate a cogeneration
project at a state facility. However, unless the cogeneration
project is determined to be cost-effective, based on the
findings of the feasibility study, the department and state
agency shall not pursue development of the project as a
state-owned facility. If the project is found to be costeffective, and the department and the state agency agree
development of the cogeneration project should be pursued
as a state-owned and/or operated facility, the department
shall assist the state agency in the preparation of a finance
and development plan for the cogeneration project. Any
such plan shall fully account for and specify all costs to the
state for developing and/or operating the cogeneration
facility.
(b) It is the general intent of this chapter that
cogeneration projects developed and owned by the state will
be sized to the projected thermal energy load of the state
facility over the useful life of the project. The principal
purpose and use of such projects is to supply thermal energy
to a state facility and not primarily to develop generating
capacity for the sale of electricity. For state-owned projects
with electricity production in excess of projected thermal
requirements, the department shall seek and obtain legislative
appropriation and approval for development. Nothing in
chapter 201, Laws of 1991 shall be construed to authorize
any state agency to sell electricity or thermal energy on a
retail basis.
(7) When a cogeneration facility will be developed,
owned, and/or operated by a state agency or third party other
than the local serving utility, the department and the state
agency shall negotiate a written agreement with the local
utility. Elements of such an agreement shall include
provisions to ensure system safety, provisions to ensure
reliability of any interconnected operations equipment
necessary for parallel operation and switching equipment
capable of isolating the generation facility, the provision of
and reimbursement for standby services, if required, and the
provision of and reimbursement for wheeling electricity, if
the provision of such has been agreed to by the local utility.
(2002 Ed.)
Energy Conservation Projects
(8) The state may develop and own a thermal energy
distribution system associated with a cogeneration project for
the principal purpose of distributing thermal energy at the
state facility. If thermal energy is to be sold outside the
state facility, the state may only sell the thermal energy to a
utility. [1996 c 186 § 411; 1991 c 201 § 8.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.080 Sale of cogenerated electricity and
thermal energy. It is the intention of chapter 201, Laws of
1991 that the state and its agencies are compensated fairly
for the energy provided to utilities from cogeneration at state
facilities. Such compensation may include revenues from
sales of electricity or thermal energy to utilities, lease of
state properties, and value of thermal energy provided to the
facility. It is also the intent of chapter 201, Laws of 1991
that the state and its agencies be accorded the opportunity to
compete on a fair and reasonable basis to fulfill a utility’s
new resource acquisition needs when selling the energy produced from cogeneration projects at state facilities through
energy purchase agreements.
(1)(a) The department and state agencies may participate
in any utility request for resource proposal process, as either
established under the rules and regulations of the utilities and
transportation commission, or by the governing board of a
public utility district, municipal utility, cooperative, or
mutual.
(b) If a local utility does not have a request for resource
proposal pending, the energy office [department] or a state
agency may negotiate an equitable and mutually beneficial
energy purchase agreement with that utility.
(2) To ensure an equitable allocation of benefits to the
state and its agencies, the following conditions shall apply to
energy purchase agreements negotiated between utilities and
state agencies:
(a) An energy purchase agreement shall be approved by
both the department and the affected state agency.
(b) The department and the state agency shall work
together throughout the planning and negotiation process for
energy purchase agreements, unless the department determines that its participation will not further the purposes of
this section.
(c) Before approving an energy purchase agreement, the
department shall review the proposed agreement for its
technical and economic feasibility, the degree of certainty of
benefits, the degree of financial risk assumed by the state
and/or the state agency, the benefits offered to the state
and/or state agency, and other such factors as the department
deems prudent. The department shall approve an energy
purchase agreement unless it finds that such an agreement
would not result in an equitable allocation of costs and
benefits, in which case the transaction shall be disapproved.
(3)(a) The state or state agency shall comply with and
shall be bound by applicable avoided cost schedules, electric
power wheeling charges, interconnection requirements, utility
tariffs, and regulatory provisions to the same extent it would
be required to comply and would be bound if it were a
private citizen. The state shall neither seek regulatory
advantage, nor change regulations, regulatory policy, process,
or decisions to its advantage as a seller of cogenerated
energy. Nothing contained in chapter 201, Laws of 1991
(2002 Ed.)
39.35C.070
shall be construed to mandate or require public or private
utilities to wheel electric energy resources within or beyond
their service territories. Nothing in chapter 201, Laws of
1991 authorizes any state agency or school district to make
any sale of energy or waste heat beyond the explicit provisions of chapter 201, Laws of 1991. Nothing contained in
chapter 201, Laws of 1991 requires a utility to purchase
energy from the state or a state agency or enter into any
agreement in connection with a cogeneration facility.
(b) The state shall neither construct, nor be party to an
agreement for developing a cogeneration project at a state
facility for the purpose of supplying its own electrical needs,
unless it can show that such an arrangement would be in the
economic interest of the state taking into account the cost of
(i) interconnection requirements, as specified by the local
electric utility, (ii) standby charges, as may be required by
the local electric utility, and (iii) the current price of electricity offered by the local electric utility. If the local electric utility can demonstrate that the cogeneration project may
place an undue burden on the electric utility, the department
or the state agency shall attempt to negotiate a mutually
beneficial agreement that would minimize the burden upon
the ratepayers of the local electric utility.
(4) Any party to an energy purchase agreement may,
within thirty days of any decision made pursuant to subsection (2)(c) of this section to disapprove the agreement made
pursuant to this section, request an independent reviewer
who is mutually agreeable to all parties to review the decision. The parties shall within thirty days of selection submit
to the independent reviewer documentation supporting their
positions. The independent reviewer shall render advice
regarding the validity of the disapproval within an additional
thirty days.
(5) For the purposes of this section, "waste heat" means
the thermal energy that otherwise would be released to the
environment from an industrial process, electric generation,
or other process. [1996 c 186 § 412; 1996 c 33 § 4; 1991
c 201 § 9.]
Reviser’s note: This section was amended by 1996 c 33 § 4 and by
1996 c 186 § 412, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Findings—1996 c 33: See note following RCW 80.04.550.
39.35C.090 Additional authority of state agencies.
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency
responsible for a facility, a state or regional university acting
independently, and any other state agency acting through the
department of general administration or as otherwise authorized by law, may:
(a) Contract to sell electric energy generated at state
facilities to a utility; and
(b) Contract to sell thermal energy produced at state
facilities to a utility.
(2) A state or regional university acting independently,
and any other state agency acting through the department of
general administration or as otherwise authorized by law,
may:
[Title 39 RCW—page 51]
39.35C.090
Title 39 RCW: Public Contracts and Indebtedness
(a) Acquire, install, permit, construct, own, operate, and
maintain cogeneration and facility heating and cooling
measures or equipment, or both, at its facilities;
(b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;
(c) Contract to purchase all or part of the electric or
thermal output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or
other energy sources needed to operate cogeneration plants
at its facilities; and
(e) Undertake procurements for third-party development
of cogeneration projects at its facilities, with successful
bidders to be selected based on the responsible bid, including
nonprice elements listed in RCW 43.19.1911, that offers the
greatest net achievable benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult
with the department prior to exercising any authority granted
by this section.
(4) In exercising the authority granted by subsections (1)
and (2) of this section, a state agency must comply with the
provisions of RCW 39.35C.080. [1996 c 186 § 413; 1991
c 201 § 10.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.100 Energy efficiency construction account.
(1) The energy efficiency construction account is hereby
created in the state treasury. Moneys in the account may be
spent only after appropriation and only for the following
purposes:
(a) Construction of energy efficiency projects, including
project evaluation and verification of benefits, project design,
project development, project construction, and project
administration.
(b) Payment of principal and interest and other costs
required under bond covenant on bonds issued for the
purpose of (a) of this subsection.
(2) Sources for this account may include:
(a) General obligation and revenue bond proceeds
appropriated by the legislature;
(b) Loan repayments under RCW 39.35C.060 sufficient
to pay principal and interest obligations; and
(c) Funding from federal, state, and local agencies.
[1996 c 186 § 414; 1991 c 201 § 11.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.130 Adoption of rules. The department may
adopt rules to implement RCW 39.35C.020 through
39.35C.040, 39.35C.070, 39.35C.080, and 39.35.050. [1996
c 186 § 416; 1991 c 201 § 17.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
39.35C.900 Captions not law—1991 c 201. Captions
as used in chapter 201, Laws of 1991 constitute no part of
the law. [1991 c 201 § 22.]
39.35C.901 Severability—1991 c 201. If any
provision of this act or its application to any person or
[Title 39 RCW—page 52]
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 201 § 24.]
Chapter 39.36
LIMITATION OF INDEBTEDNESS
OF TAXING DISTRICTS
Sections
39.36.010
39.36.015
39.36.020
39.36.030
39.36.040
39.36.050
Definitions.
"Value of the taxable property" defined.
Limitation of indebtedness prescribed.
Computation of indebtedness.
Authorizations in violation of chapter void.
Ballot proposition authorizing indebtedness—Excess property tax levies.
39.36.060 Chapter not applicable to loan agreements under chapter
39.69 RCW.
39.36.900 Validation—1969 c 142.
Limitation of state debt: State Constitution Art. 8 § 1.
Limitation on levies: State Constitution Art. 7 § 2.
Limitations on municipal indebtedness: State Constitution Art. 8 § 6.
39.36.010 Definitions. The term "taxing district" as
herein used shall be held to mean and embrace all counties,
cities, towns, townships, port districts, school districts,
metropolitan park districts or other municipal corporations
which now, or may hereafter exist.
The term "the last assessed valuation of the taxable
property in such taxing district" as used herein shall be held
to mean and embrace the aggregate assessed valuation for
such taxing district as placed on the last completed and
balanced tax rolls of the county next preceding the date of
contracting the debt or incurring the liability. [1917 c 143
§ 4; RRS § 5608.]
39.36.015 "Value of the taxable property" defined.
Whenever used in *this 1970 amendatory act, the term
"value of the taxable property" shall mean the actual value
of the taxable property in a taxing district incurring indebtedness, as the term "taxing district" is defined in RCW
39.36.010, to be ascertained by the last assessment for state
and county purposes previous to the incurring of such
indebtedness except that in incorporated cities the assessment
shall be taken from the last assessment for city purposes,
plus the timber assessed value for the district as defined in
RCW 84.33.035. [1984 c 204 § 15; 1970 ex.s. c 42 § 1.]
*Reviser’s note: For codification of "this 1970 amendatory act"
[1970 ex.s. c 42], see Codification Tables, Volume 0.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Severability—1970 ex.s. c 42: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1970 amendatory act, or the application of the
provision to other persons or circumstances is not affected." [1970 ex.s. c
42 § 41.]
Effective date—1970 ex.s. c 42: "The effective date of this 1970
amendatory act is November 1, 1970." [1970 ex.s. c 42 § 42.]
39.36.020 Limitation of indebtedness prescribed.
(1) Except as otherwise expressly provided by law or in
subsections (2), (3) and (4) of this section, no taxing district
shall for any purpose become indebted in any manner to an
(2002 Ed.)
Limitation of Indebtedness of Taxing Districts
amount exceeding three-eighths of one percent of the value
of the taxable property in such taxing district without the
assent of three-fifths of the voters therein voting at an
election to be held for that purpose, nor in cases requiring
such assent shall the total indebtedness incurred at any time
exceed one and one-fourth percent on the value of the
taxable property therein.
(2)(a)(i) Public hospital districts are limited to an indebtedness amount not exceeding three-fourths of one percent of
the value of the taxable property in such public hospital
districts without the assent of three-fifths of the voters
therein voting at an election held for that purpose.
(ii) Counties, cities, and towns are limited to an indebtedness amount not exceeding one and one-half percent of the
value of the taxable property in such counties, cities, or
towns without the assent of three-fifths of the voters therein
voting at an election held for that purpose.
(b) In cases requiring such assent counties, cities, towns,
and public hospital districts are limited to a total indebtedness of two and one-half percent of the value of the taxable
property therein. However, any county that has assumed the
rights, powers, functions, and obligations of a metropolitan
municipal corporation under chapter 36.56 RCW may
become indebted to a larger amount for its authorized
metropolitan functions, as provided under chapter 35.58
RCW, but not exceeding an additional three-fourths of one
percent of the value of the taxable property in the county
without the assent of three-fifths of the voters therein voting
at an election held for that purpose, and in cases requiring
such assent not exceeding an additional two and one-half
percent of the value of the taxable property in the county.
(3) School districts are limited to an indebtedness
amount not exceeding three-eighths of one percent of the
value of the taxable property in such district without the
assent of three-fifths of the voters therein voting at an election held for that purpose. In cases requiring such assent
school districts are limited to a total indebtedness of two and
one-half percent of the value of the taxable property therein.
(4) No part of the indebtedness allowed in this chapter
shall be incurred for any purpose other than strictly county,
city, town, school district, township, port district, metropolitan park district, or other municipal purposes: PROVIDED,
That a city or town, with such assent, may become indebted
to a larger amount, but not exceeding two and one-half
percent additional, determined as herein provided, for
supplying such city or town with water, artificial light, and
sewers, when the works for supplying such water, light, and
sewers shall be owned and controlled by the city or town;
and a city or town, with such assent, may become indebted
to a larger amount, but not exceeding two and one-half
percent additional for acquiring or developing open space,
park facilities, and capital facilities associated with economic
development: PROVIDED FURTHER, That any school
district may become indebted to a larger amount but not
exceeding two and one-half percent additional for capital
outlays.
(5) Such indebtedness may be authorized in any total
amount in one or more propositions and the amount of such
authorization may exceed the amount of indebtedness which
could then lawfully be incurred. Such indebtedness may be
incurred in one or more series of bonds from time to time
out of such authorization but at no time shall the total
(2002 Ed.)
39.36.020
general indebtedness of any taxing district exceed the above
limitation.
The term "value of the taxable property" as used in this
section shall have the meaning set forth in RCW 39.36.015.
[2000 c 156 § 1; 1994 c 277 § 1; 1993 c 240 § 12; 1971
ex.s. c 218 § 1; 1971 c 38 § 1; 1970 ex.s. c 42 § 27; 1969
c 142 § 3; 1967 c 107 § 4; 1959 c 227 § 1; 1953 c 163 § 2;
1917 c 143 § 1; RRS § 5605.]
Effective date—2000 c 156: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 2000]." [2000 c 156 § 2.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Validating—1953 c 163: "Bonds authorized, issued and sold by any
school district prior to the effective date of this act [March 18, 1953] and
not in excess of the limitations provided in sections 1 and 2 thereof are
hereby approved, ratified and validated, and are a legal and irrevocable
obligation of such school district." [1953 c 163 § 3.]
Cemetery districts, limitation upon indebtedness: RCW 68.52.310.
Cities other than first class, limitations upon indebtedness: RCW
35.37.040, 35.37.050.
Conditional sales contract debt, not counted as part of debt limit: RCW
28A.335.200, 39.30.010.
Counties, limitations upon indebtedness: Chapter 36.67 RCW.
Executory conditional sales contracts, limitations on indebtedness: RCW
28A.335.200, 39.30.010.
Leases by cities and towns, limitations on indebtedness: RCW 35.42.200.
Metropolitan municipal corporations, limitations on indebtedness: RCW
35.58.450.
Metropolitan park districts, incurring indebtedness: RCW 35.61.100,
35.61.110.
Municipal corporations, limitations upon indebtedness: State Constitution
Art. 8 § 6 (Amendment 27).
Port districts, limitations upon indebtedness: RCW 39.28.030, 53.36.030.
Public utility districts, limitations upon indebtedness: RCW 54.24.018.
School districts, limitations upon indebtedness: Chapters 28A.530, 28A.535
RCW.
Validation requirement: RCW 39.40.010.
Water-sewer districts, limitations upon indebtedness: RCW 57.20.110,
57.20.120.
39.36.030 Computation of indebtedness. (1)
Whenever it shall be necessary to compute the indebtedness
of a taxing district for bonding or any other indebtedness
purposes, taxes levied for the current year and cash on hand
received for the purpose of carrying on the business of such
taxing district for such current year shall be considered as an
asset only as against indebtedness incurred during such
current year which is payable from such taxes or cash on
hand: PROVIDED, HOWEVER, That all taxes levied for
the payment of bonds, warrants or other public debts of such
taxing district, shall be deemed a competent and sufficient
asset of the taxing district to be considered in calculating the
constitutional debt limit or the debt limit prescribed by this
chapter for any taxing district: PROVIDED, That the provisions of this section shall not apply in computing the debt
limit of a taxing district in connection with bonds authorized
pursuant to a vote of the electors at an election called prior
to March 1, 1917.
(2) If reductions in assessed valuation of property within
a taxing district result in the outstanding indebtedness of the
taxing district exceeding its statutory indebtedness limitations, the amount of such excess indebtedness shall not be
[Title 39 RCW—page 53]
39.36.030
Title 39 RCW: Public Contracts and Indebtedness
included in the statutory indebtedness ceiling. Additional
indebtedness that is subject to indebtedness limitations, other
than refinancing indebtedness that does not increase the total
amount of indebtedness, may not be issued by such a taxing
district until its total outstanding indebtedness, including that
which this subsection removes from the statutory indebtedness limitations, is below these limitations.
(3) Nothing in this section authorizes taxing districts to
incur indebtedness beyond constitutional indebtedness
limitations. [1986 c 50 § 1; 1921 c 123 § 1; 1917 c 143 §
2; RRS § 5606.]
39.36.040 Authorizations in violation of chapter
void. All orders, authorizations, allowances, contracts,
payments or liabilities to pay, made or attempted to be made
in violation of this chapter, shall be absolutely void and shall
never be the foundation of a claim against a taxing district.
[1994 c 81 § 75; 1923 c 45 § 1; 1917 c 143 § 3; RRS §
5607.]
39.36.050 Ballot proposition authorizing indebtedness—Excess property tax levies. The governing body of
a taxing district desiring to place a ballot proposition authorizing indebtedness before the voters may submit the
proposition at any special election held on the dates authorized in chapter 29.13 RCW. The ballot proposition shall
include the maximum amount of the indebtedness to be
authorized, the maximum term any bonds may have, a
description of the purpose or purposes of the bond issue, and
whether excess property tax levies authorized under RCW
84.52.056 will be authorized.
When it is required that such bonds be retired by excess
property tax levies, or when the governing body desires such
bonds be retired by excess property tax levies, the ballot
proposition shall also include authorization for such excess
bond retirement property tax levies provided under RCW
84.52.056.
Notice of the proposed election shall be published as
required by RCW 29.27.080. [1984 c 186 § 3.]
Purpose—1984 c 186: See note following RCW 39.46.110.
39.36.060 Chapter not applicable to loan agreements under chapter 39.69 RCW. This chapter does not
apply to a loan made pursuant to a loan agreement under
chapter 39.69 RCW, and any computation of indebtedness
under this chapter shall exclude the amount of any loan
under such a loan agreement. [1987 c 19 § 5.]
39.36.900 Validation—1969 c 142. All bonds
heretofore issued, or heretofore voted and which may have
been or may hereafter be issued, by any taxing district
pursuant to any of the foregoing sections as amended or for
any of the purposes authorized by any of said sections are
hereby validated. [1969 c 142 § 6.]
Chapter 39.40
VOTE REQUIRED AT BOND ELECTIONS
Sections
39.40.010 Forty percent poll of voters required.
39.40.020 Existing election laws to apply.
39.40.030 Certification of votes—Canvass.
39.40.040 Prior bonds not affected.
39.40.900 Severability—1925 c 13.
County acquisition of land for military purposes, bond election for:
Chapter 37.16 RCW.
County roads and bridges, bond elections: Chapter 36.76 RCW.
Irrigation districts, bond elections: Chapter 87.03 RCW.
Port districts, vote required for certain bond issues: RCW 53.36.030.
Public utility districts, bond elections, vote required: RCW 54.24.018.
39.40.010 Forty percent poll of voters required. No
general obligation bonds of any county, port district, or
metropolitan park district upon which a vote of the people is
required under existing laws shall be issued, nor shall they
become a lien upon the taxable property within such county
or district unless, in addition to all other requirements
provided by law in the matter of the issuance of general
obligation bonds by such county or district, the total vote
cast upon such proposition shall exceed forty percent of the
total number of voters voting in such county or district at the
general county or state election next preceding such bond
election. [1961 ex.s. c 15 § 1; 1959 c 290 § 3; 1925 c 13 §
1; RRS § 5646-1.]
Exceeding debt limitation by municipalities: State Constitution Art. 8 § 6
(Amendment 27).
Vote required for excess levy to retire bonds issued for capital purposes:
RCW 84.52.056.
39.40.020 Existing election laws to apply. In all
such elections the provisions of existing law with respect to
registration, opening and closing of registration books and
the duties of officers and the appointment and selection of
election officials shall apply. [1925 c 13 § 2; RRS § 56462.]
Election laws in general: Title 29 RCW.
39.40.030 Certification of votes—Canvass. The
election officials in each of the precincts included within any
such district shall, as soon as possible and in no case later
than five days after the closing of the polls of any election
involving the issuance of bonds, certify to the county auditor
of the county within which such district is located the total
number of votes cast for and against each separate proposal
and the vote shall be canvassed and certified by a canvassing
board consisting of the chairman of the board of county
commissioners, the county auditor, and the prosecuting
attorney who shall declare the result thereof. [1959 c 290 §
4; 1925 c 13 § 3; RRS § 5646-3.]
39.40.040 Prior bonds not affected. This chapter
shall not affect the validity or the issuance of any such
bonds voted at any lawful election held prior to the taking
effect of this chapter. [1925 c 13 § 4; RRS § 5646-4.]
[Title 39 RCW—page 54]
(2002 Ed.)
Vote Required at Bond Elections
39.40.900 Severability—1925 c 13. If any section or
provision of this chapter be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole, or any section, provision
or part thereof not adjudged invalid or unconstitutional.
[1925 c 13 § 5; RRS § 5646-5.]
Chapter 39.42
STATE BONDS, NOTES, AND OTHER EVIDENCES
OF INDEBTEDNESS
Sections
39.42.010
39.42.020
39.42.030
39.42.040
39.42.050
39.42.060
39.42.070
39.42.080
39.42.090
39.42.100
39.42.110
39.42.120
39.42.900
Scope of application.
Evidences of indebtedness—Issuance—Signature.
Evidences of indebtedness—Issuance—State finance committee, duties and powers.
Disposition of proceeds from sale of bonds.
Anticipation notes—Issued, when—Payment of principal and
interest.
Limitation on issuance of evidences of indebtedness—
Annual computation of amount required to pay on outstanding debt.
Computation of general state revenues—Filing of certificate—Estimate of debt capacity.
Obligations allowable under debt limitation.
Certificates of indebtedness—Issued, when—Retirement.
Evidences of indebtedness—Defects not to affect validity—
Copy of resolution authorizing issuance filed—Action to
contest before delivery.
Evidences of indebtedness—As negotiable instruments, legal
investments, and security for deposits.
Excess earnings account—Payments to United States treasury.
Effective date—1971 ex.s. c 184.
39.40.900
maturity or maturities, redemption rights, manner of execution and authentication, manner and price of sale and form
of all bonds, notes, or other evidences of indebtedness.
Such bonds, notes, or other evidences of indebtedness
shall be payable either to the bearer or to the registered
owner as provided in RCW 39.46.030. The resolution may
provide for the deposit in trust with any qualified public
depository of all or any part of the proceeds of the bonds,
notes, or other evidences of indebtedness or money set aside
for the payment thereof.
The state finance committee shall also determine by
resolution whether interest on all or any part of the bonds is
to be payable periodically during the term of such bonds or
only at the maturity of the bonds. For purposes of the
limitations on the amount of bonds authorized to be issued
contained in the acts authorizing their issuance, the amount
of bonds which pay interest only at maturity shall be equal
to the price, exclusive of accrued interest, at which the bonds
are initially offered to the public.
The state finance committee may issue, under chapter
39.53 RCW and this chapter, bonds, notes, or other evidences of indebtedness to refund at or prior to maturity any
outstanding state bonds, notes, or other evidences of indebtedness.
The state finance committee may obtain bond insurance,
letters of credit or other credit support instruments for the
purpose of guaranteeing the payment or enhancing the
marketability, or both, of any state bonds, notes, or other
evidences of indebtedness, and may authorize the execution
and delivery of agreements, promissory notes, and other
related instruments. [1989 1st ex.s. c 14 § 16; 1983 c 167
§ 104; 1971 ex.s. c 184 § 3.]
39.42.010 Scope of application. This chapter shall
apply to all bonds, notes and other evidences of indebtedness
of the state authorized by the legislature after *the effective
date of this chapter, unless otherwise provided in the
authorizing acts. [1971 ex.s. c 184 § 1.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
*Reviser’s note: For "the effective date of this chapter," see RCW
39.42.900.
39.42.040 Disposition of proceeds from sale of
bonds. The proceeds of the sale of any bonds shall be used
solely for the purposes, including any expense incurred in
connection with the issuance and sale of such bonds, specified in the general statute or special act authorizing the issuance of such bonds. [1971 ex.s. c 184 § 4.]
39.42.020 Evidences of indebtedness—Issuance—
Signature. Bonds, notes or other evidences of indebtedness
shall be issued by the state finance committee. They may be
issued at one time or in a series from time to time. The
maturity date of each series shall be determined by the state
finance committee, but in no case shall any bonds mature
later than thirty years from the date of issue. All evidences
of indebtedness shall be signed in the name of the state by
the governor and the treasurer. The facsimile signature of
said officials is authorized and said evidences of indebtedness may be issued notwithstanding that any of the officials
signing them or whose facsimile signatures appear on such
evidences of indebtedness has ceased to hold office at the
time of issue or at the time of delivery to the purchaser.
[1971 ex.s. c 184 § 2.]
39.42.030 Evidences of indebtedness—Issuance—
State finance committee, duties and powers. The state
finance committee shall determine by resolution the amount,
date or dates, terms, conditions, covenants, denominations,
interest rate or rates (which may be fixed or variable),
(2002 Ed.)
39.42.050 Anticipation notes—Issued, when—
Payment of principal and interest. When the state finance
committee has decided to issue such bonds or a portion
thereof, it may, pending the issuing of such bonds, issue, in
the name of the state, temporary notes in anticipation of the
money to be derived from the sale of such bonds, which
notes shall be designated as "anticipation notes". If, prior to
the issuance of the bonds, it becomes necessary to redeem
outstanding notes, additional bond anticipation notes may be
issued to redeem the outstanding notes. Such portion of the
proceeds of the sale of such bonds as may be required for
such purpose shall be applied to the payment of the principal
of such anticipation notes which have been issued. The
interest on anticipation notes shall be paid from the revenue
source and with the same priority of payment specified in
the respective bond acts for payment of principal of and
interest on the bonds against which anticipation notes are
[Title 39 RCW—page 55]
39.42.050
Title 39 RCW: Public Contracts and Indebtedness
sold. The procedure for paying the interest on the notes,
including the transfer of necessary funds for that purpose,
shall be the same as prescribed for the bonds.
If the bonds shall constitute general obligations of the
state and pledge the full faith and credit of the state to the
payment thereof, then the notes issued in anticipation thereof
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due. The
owner and holder of any of the notes or the trustee for the
owner and holder of any of the notes may, by a mandamus
or other appropriate proceeding, require the transfer and
payment of funds as directed in this section. [1981 c 29 §
1; 1971 ex.s. c 184 § 5.]
Application—1981 c 29: "This act shall apply to all outstanding
bond anticipation notes of the state, and interest on the notes shall be paid
as provided in RCW 39.42.050: PROVIDED, That in the event such
interest is not paid as provided in RCW 39.42.050 it shall be paid from such
source or sources as are specified in such notes." [1981 c 29 § 2.]
39.42.060 Limitation on issuance of evidences of
indebtedness—Annual computation of amount required
to pay on outstanding debt. (Effective unless Referendum
Bill No. 51 is approved at the November 2002 general
election.) No bonds, notes, or other evidences of indebtedness for borrowed money shall be issued by the state which
will cause the aggregate debt contracted by the state to
exceed that amount for which payments of principal and
interest in any fiscal year would require the state to expend
more than seven percent of the arithmetic mean of its
general state revenues, as defined in RCW 39.42.070, for the
three immediately preceding fiscal years as certified by the
treasurer in accordance with RCW 39.42.070. It shall be the
duty of the state finance committee to compute annually the
amount required to pay principal of and interest on outstanding debt. In making such computation, the state finance
committee shall include all borrowed money represented by
bonds, notes, or other evidences of indebtedness which are
secured by the full faith and credit of the state or are
required to be paid, directly or indirectly, from general state
revenues and which are incurred by the state, any department, authority, public corporation or quasi public corporation of the state, any state university or college, or any
other public agency created by the state but not by counties,
cities, towns, school districts, or other municipal corporations, and shall include debt incurred pursuant to section 3
of Article VIII of the Washington state Constitution, but
shall exclude the following:
(1) Obligations for the payment of current expenses of
state government;
(2) Indebtedness incurred pursuant to RCW 39.42.080
or 39.42.090;
(3) Principal of and interest on bond anticipation notes;
(4) Any indebtedness which has been refunded;
(5) Financing contracts entered into under chapter 39.94
RCW;
(6) Indebtedness authorized or incurred before July 1,
1993, pursuant to statute which requires that the state
treasury be reimbursed, in the amount of the principal of and
the interest on such indebtedness, from money other than
[Title 39 RCW—page 56]
general state revenues or from the special excise tax imposed
pursuant to chapter 67.40 RCW;
(7) Indebtedness authorized and incurred after July 1,
1993, pursuant to statute that requires that the state treasury
be reimbursed, in the amount of the principal of and the
interest on such indebtedness, from (a) moneys outside the
state treasury, except higher education operating fees, (b)
higher education building fees, (c) indirect costs recovered
from federal grants and contracts, and (d) fees and charges
associated with hospitals operated or managed by institutions
of higher education;
(8) Any agreement, promissory note, or other instrument
entered into by the state finance committee under RCW
39.42.030 in connection with its acquisition of bond insurance, letters of credit, or other credit support instruments for
the purpose of guaranteeing the payment or enhancing the
marketability, or both, of any state bonds, notes, or other
evidence of indebtedness;
(9) Indebtedness incurred for the purposes identified in
RCW 43.99N.020;
(10) Indebtedness incurred for the purposes of the
school district bond guaranty established by chapter 39.98
RCW;
(11) Indebtedness incurred for the purposes of replacing
the waterproof membrane over the east plaza garage and
revising related landscaping construction pursuant to RCW
43.99Q.070; and
(12) Indebtedness incurred for the purposes of the state
legislative building rehabilitation, to the extent that principal
and interest payments of such indebtedness are paid from the
capitol building construction account pursuant to RCW
43.99Q.140(2)(b).
To the extent necessary because of the constitutional or
statutory debt limitation, priorities with respect to the
issuance or guaranteeing of bonds, notes, or other evidences
of indebtedness by the state shall be determined by the state
finance committee. [2002 c 240 § 7; 2001 2nd sp.s. c 9 §
18; 1999 c 273 § 9; 1997 c 220 § 220 (Referendum Bill No.
48, approved June 17, 1997); 1993 c 52 § 1. Prior: 1989
1st ex.s. c 14 § 17; 1989 c 356 § 7; 1983 1st ex.s. c 36 § 1;
1979 ex.s. c 204 § 1; 1971 ex.s. c 184 § 6.]
Severability—Effective date—2002 c 240: See RCW 43.99G.902
and 43.99G.903.
Severability—Effective date—2001 2nd sp.s. c 9: See RCW
43.99Q.900 and 43.99Q.901.
Contingent effective date—1999 c 273: See RCW 39.98.900.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Effective date—1993 c 52: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 52 § 2.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
39.42.060 Limitation on issuance of evidences of
indebtedness—Annual computation of amount required
to pay on outstanding debt. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the Novem(2002 Ed.)
State Bonds, Notes, and Other Evidences of Indebtedness
ber 2002 general election.) No bonds, notes, or other
evidences of indebtedness for borrowed money shall be
issued by the state which will cause the aggregate debt
contracted by the state to exceed that amount for which
payments of principal and interest in any fiscal year would
require the state to expend more than seven percent of the
arithmetic mean of its general state revenues, as defined in
RCW 39.42.070, for the three immediately preceding fiscal
years as certified by the treasurer in accordance with RCW
39.42.070. It shall be the duty of the state finance committee to compute annually the amount required to pay principal
of and interest on outstanding debt. In making such computation, the state finance committee shall include all borrowed
money represented by bonds, notes, or other evidences of
indebtedness which are secured by the full faith and credit
of the state or are required to be paid, directly or indirectly,
from general state revenues and which are incurred by the
state, any department, authority, public corporation or quasi
public corporation of the state, any state university or
college, or any other public agency created by the state but
not by counties, cities, towns, school districts, or other
municipal corporations, and shall include debt incurred
pursuant to section 3 of Article VIII of the Washington state
Constitution, but shall exclude the following:
(1) Obligations for the payment of current expenses of
state government;
(2) Indebtedness incurred pursuant to RCW 39.42.080
or 39.42.090;
(3) Principal of and interest on bond anticipation notes;
(4) Any indebtedness which has been refunded;
(5) Financing contracts entered into under chapter 39.94
RCW;
(6) Indebtedness authorized or incurred before July 1,
1993, pursuant to statute which requires that the state
treasury be reimbursed, in the amount of the principal of and
the interest on such indebtedness, from money other than
general state revenues or from the special excise tax imposed
pursuant to chapter 67.40 RCW;
(7) Indebtedness authorized and incurred after July 1,
1993, pursuant to statute that requires that the state treasury
be reimbursed, in the amount of the principal of and the
interest on such indebtedness, from (a) moneys outside the
state treasury, except higher education operating fees, (b)
higher education building fees, (c) indirect costs recovered
from federal grants and contracts, and (d) fees and charges
associated with hospitals operated or managed by institutions
of higher education;
(8) Any agreement, promissory note, or other instrument
entered into by the state finance committee under RCW
39.42.030 in connection with its acquisition of bond insurance, letters of credit, or other credit support instruments for
the purpose of guaranteeing the payment or enhancing the
marketability, or both, of any state bonds, notes, or other
evidence of indebtedness;
(9) Indebtedness incurred for the purposes identified in
RCW 43.99N.020;
(10) Indebtedness incurred for the purposes of the
school district bond guaranty established by chapter 39.98
RCW;
(11) Indebtedness incurred for the purposes of replacing
the waterproof membrane over the east plaza garage and
(2002 Ed.)
39.42.060
revising related landscaping construction pursuant to RCW
43.99Q.070;
(12) Indebtedness incurred for the purposes of the state
legislative building rehabilitation, to the extent that principal
and interest payments of such indebtedness are paid from the
capitol building construction account pursuant to RCW
43.99Q.140(2)(b); and
(13) Indebtedness incurred for the purposes of financing
projects under RCW 47.10.855.
To the extent necessary because of the constitutional or
statutory debt limitation, priorities with respect to the
issuance or guaranteeing of bonds, notes, or other evidences
of indebtedness by the state shall be determined by the state
finance committee. [2002 c 240 § 7; 2002 c 202 § 513;
2001 2nd sp.s. c 9 § 18; 1999 c 273 § 9; 1997 c 220 § 220
(Referendum Bill No. 48, approved June 17, 1997); 1993 c
52 § 1. Prior: 1989 1st ex.s. c 14 § 17; 1989 c 356 § 7;
1983 1st ex.s. c 36 § 1; 1979 ex.s. c 204 § 1; 1971 ex.s. c
184 § 6.]
Reviser’s note: This section was amended by 2002 c 202 § 513 and
by 2002 c 240 § 7, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Severability—Effective date—2002 c 240: See RCW 43.99G.902
and 43.99G.903.
Severability—Effective date—2001 2nd sp.s. c 9: See RCW
43.99Q.900 and 43.99Q.901.
Contingent effective date—1999 c 273: See RCW 39.98.900.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Effective date—1993 c 52: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 52 § 2.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
39.42.070 Computation of general state revenues—
Filing of certificate—Estimate of debt capacity. (1) On or
after *the effective date of this act, the treasurer shall
compute general state revenues for the three fiscal years
immediately preceding such date and shall determine the
arithmetic mean thereof. As soon as is practicable after the
close of each fiscal year thereafter, he or she shall do
likewise. In determining the amount of general state
revenues, the treasurer shall include all state money received
in the treasury from each and every source whatsoever
except: (a) Fees and revenues derived from the ownership
or operation of any undertaking, facility or project; (b)
moneys received as gifts, grants, donations, aid or assistance
or otherwise from the United States or any department,
bureau or corporation thereof, or any person, firm or
corporation, public or private, when the terms and conditions
of such gift, grant, donation, aid or assistance require the
[Title 39 RCW—page 57]
39.42.070
Title 39 RCW: Public Contracts and Indebtedness
application and disbursement of such moneys otherwise than
for the general purposes of the state of Washington; (c)
moneys to be paid into and received from retirement system
funds, and performance bonds and deposits; (d) moneys to
be paid into and received from trust funds including but not
limited to moneys received from taxes levied for specific
purposes and the several permanent and irreducible funds of
the state and the moneys derived therefrom but excluding
bond redemption funds; (e) proceeds received from the sale
of bonds or other evidences of indebtedness. Upon computing general state revenues, the treasurer shall make and file
in the office of the secretary of state, a certificate containing
the results of such computations. Copies of said certificate
shall be sent to each elected official of the state and each
member of the legislature. The treasurer shall, at the same
time, advise each elected official and each member of the
legislature of the current available debt capacity of the state,
and may make estimated projections for one or more years
concerning debt capacity.
(2) For purposes of this chapter, general state revenues
shall also include revenues that are deposited in the general
fund under RCW 82.45.180(2) and lottery revenues as
provided in RCW 67.70.240(3). [2002 c 240 § 8; 1971 ex.s.
c 184 § 7.]
*Reviser’s note: For "the effective date of this act," see RCW
39.42.900.
Severability—Effective date—2002 c 240: See RCW 43.99G.902
and 43.99G.903.
39.42.080 Obligations allowable under debt limitation. The foregoing limitation on the aggregate amount of
indebtedness of the state shall not prevent:
(1) The issuance of obligations to refund or replace any
such indebtedness existing at any time in an amount not
exceeding 1.05 times the amount which, taking into account
earnings from the investment of the proceeds of the issue, is
required to pay the principal thereof, interest thereon, and
any premium payable with respect thereto, and the costs
incurred in accomplishing such refunding, as provided in
chapter 39.53 RCW, as now or hereafter amended: PROVIDED, That any proceeds of the refunding, bonds in excess
of those acquired to accomplish such refunding or any
obligations acquired with such excess proceeds, shall be
applied exclusively for the payment of principal, interest, or
call premiums with respect to such refunding obligations;
(2) The issuance of obligations in anticipation of
revenues to be received by the state during a period of
twelve calendar months next following their issuance;
(3) The issuance of obligations payable solely from
revenues of particular public improvements;
(4) A pledge of the full faith, credit, and taxing power
of the state to guarantee the payment of any obligation
payable from any of revenues received from any of the
following sources:
(a) the fees collected by the state as license fees for
motor vehicles;
(b) excise taxes collected by the state on the sale,
distribution, or use of motor vehicle fuel; and
(c) interest on the permanent common school fund:
PROVIDED, That the legislature shall, at all times,
provide sufficient revenues from such sources to pay the
principal and interest due on all obligations for which said
[Title 39 RCW—page 58]
source of revenue is pledged. [1974 ex.s. c 111 § 1; 1971
ex.s. c 184 § 8.]
Severability—1974 ex.s. c 111: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 111 § 6.]
39.42.090 Certificates of indebtedness—Issued,
when—Retirement. The state finance committee may issue
certificates of indebtedness in such sum or sums that may be
necessary to meet temporary deficiencies of the treasury.
Such certificates may be issued only to provide for the
appropriations already made by the legislature and such
certificates must be retired and the debt discharged other
than by refunding within twelve months after the date of
issuance.
For the purposes of this section, the state treasury shall
include all statutorily established funds and accounts except
for any of the permanent irreducible funds of the state
treasury. [1985 c 57 § 21; 1971 ex.s. c 184 § 9.]
Effective date—1985 c 57: See note following RCW 18.04.105.
39.42.100 Evidences of indebtedness—Defects not
to affect validity—Copy of resolution authorizing issuance filed—Action to contest before delivery. Bonds,
notes, or other obligations issued and sold by the state of
Washington pursuant to and in conformity with this chapter
shall not be invalid for any irregularity or defect in the
proceedings of the issuance or sale thereof, except as
provided in this paragraph, and shall be incontestable in the
hands of a bona fide purchaser or holder thereof. Whenever
the state finance committee determines to issue bonds, notes
or other evidences of indebtedness, it shall file with the
treasurer a certified copy of the resolution authorizing their
issuance at least thirty days prior to delivery to the purchaser
of such bonds, notes, of other evidences of indebtedness. At
any time prior to delivery, any person in interest shall have
the right to institute an appropriate action or proceeding to
contest the validity of the authorized indebtedness, the
pledge of revenues for the payment of principal and interest
on such indebtedness, the validity of the collection and
disposition of revenue necessary to pay the principal and
interest on such indebtedness, the expenditure of the proceeds derived from the sale of the evidences of indebtedness
for the purposes specified by law, and the validity of all
other provisions and proceedings in connection with the
authorization and issuance of the evidences of indebtedness.
If such action or proceeding shall not have been instituted
prior to delivery, then the validity of the evidences of
indebtedness shall be conclusively presumed and no court
shall have authority to inquire into such matters. [1971 ex.s.
c 184 § 10.]
39.42.110 Evidences of indebtedness—As negotiable
instruments, legal investments, and security for deposits.
All evidences of indebtedness issued under the provisions of
this chapter shall be fully negotiable instruments and shall be
legal investment for all state funds or for funds under state
control and all funds of municipal corporations, and shall be
legal security for all state, county and municipal deposits.
[1971 ex.s. c 184 § 11.]
(2002 Ed.)
State Bonds, Notes, and Other Evidences of Indebtedness
39.42.120 Excess earnings account—Payments to
United States treasury. The excess earnings account is
created in the state treasury. From the revenue funds from
which principal and interest payments on bonds are provided,
the state treasurer shall periodically transfer to the excess
earnings account such amounts as are owed to the federal
government under section 148 of the federal internal revenue
code. Pursuant to legislative appropriation from the excess
earnings account, the state treasurer shall periodically remit
to the United States treasury any amounts owed to the
federal government under section 148 of the federal internal
revenue code. [1988 c 92 § 1.]
39.42.900 Effective date—1971 ex.s. c 184. This act
shall become effective coincident with the effective date of
the constitutional amendment to Article VIII, section 1 and
to Article VIII, section 3 of the Washington state Constitution as presented for a vote of the people by HJR 52, 1971
regular session. Unless such constitutional amendment shall
be approved by the people at the next general election, this
chapter shall be null and void. [1971 ex.s. c 184 § 12.]
Reviser’s note: House Joint Resolution No. 52 was approved by the
voters at the November 1972 general election.
Chapter 39.44
BONDS—MISCELLANEOUS PROVISIONS, BOND
INFORMATION REPORTING
Sections
39.44.070
39.44.100
39.44.101
Life of bonds.
Facsimile signatures on bonds and coupons.
Facsimile signatures on bonds and coupons—Fraud—
Destruction of plates—Penalty.
39.44.102 Facsimile signatures on bonds and coupons—Statements and
signatures required on registered bonds.
39.44.110 Registration—Payment—Assignment.
39.44.120 Payment of coupon interest.
39.44.130 Treasurers as registration officers—Fiscal agent.
39.44.140 Revenue bonds—Funds for reserve purposes may be included in issue amount.
39.44.200 State and local government bond information—Definitions.
39.44.210 State and local government bond information—Submittal—
Contents—Annual report.
39.44.230 State and local government bond information—Rules.
39.44.240 State and local government bond information—Validity of
bonds not affected.
39.44.900 Validation—Savings—1982 c 216.
Cities and towns, local improvement bonds: Chapter 35.45 RCW.
Counties, bonds
form, interest, etc.: Chapter 36.67 RCW.
to acquire land for military purposes, form, interest, etc.: Chapter 37.08
RCW.
County road bonds, form, interest, etc.: Chapter 36.76 RCW.
Funding bonds, interest rate, form, sale, payment, etc.: Chapter 39.52
RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Irrigation district bonds, form, interest, maturity, etc.: RCW 87.03.200.
Municipal revenue bond act: Chapter 35.41 RCW.
Port district bonds, form, terms, etc.: Chapters 53.40 and 53.44 RCW.
Public utility district bonds, form, terms, etc.: RCW 54.24.018.
School district bonds, form, terms of sale, etc.: Chapter 28A.530 RCW.
Validation: Chapter 39.90 RCW.
Water-sewer district bonds, form, terms, etc.: RCW 57.20.010.
(2002 Ed.)
39.42.120
39.44.070 Life of bonds. Notwithstanding the
provisions of any charter to the contrary, bonds issued under
*RCW 39.44.010 through 39.44.080 may be issued to run
for a period up to forty years from the date of the issue and
shall, as near as practicable, be issued for a period which
shall not exceed the life of the improvement to be acquired
by the use of the bonds. [1967 c 107 § 5; 1923 c 151 § 5;
RRS § 5583-5.]
*Reviser’s note: RCW 39.44.010, 39.44.011, 39.44.020, 39.44.030,
39.44.060, and 39.44.080 were repealed by 1984 c 186 § 70.
39.44.100 Facsimile signatures on bonds and
coupons. On all bonds hereafter issued by the state or any
agency thereof or by any county, city, town, municipal corporation, quasi municipal corporation, junior taxing district,
school district or other political subdivision of the state, the
printed, engraved or lithographed facsimile signatures of the
officers required by law to sign the bonds or any interest
coupons thereon shall be sufficient signature on such bonds
or coupons: PROVIDED, That such facsimile signatures
shall not be used on the bonds of issues of less than one
hundred thousand dollars par value and may always be used
on interest coupons.
Whenever such facsimile signature reproduction of the
signature of any officer is used in place of the personal
signature of such officer, the issuing authority shall specify
in a written order or requisition to the printer, engraver, or
lithographer, the number of bonds or coupons upon which
such facsimile signature is to be printed, engraved, or
lithographed, and the manner of numbering the bonds or
coupons upon which such signature shall be placed. Within
ninety days after the completion of the printing, engraving,
or lithographing of such bonds or coupons, the plate or
plates used for the purpose of affixing the facsimile signature
shall be destroyed and it shall be the duty of the issuing
authority, within ninety days after receipt of the completed
bonds or coupons, to ascertain that such plate or plates have
been destroyed. [1983 c 167 § 107; 1961 c 141 § 3; 1955
c 375 § 1; 1941 c 52 § 1; Rem. Supp. 1941 § 5583-1a.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Uniform facsimile signature of public officials act: Chapter 39.62 RCW.
39.44.101 Facsimile signatures on bonds and
coupons—Fraud—Destruction of plates—Penalty. Every
printer, engraver, or lithographer, who with the intent to
defraud, prints, engraves, or lithographs a facsimile signature
upon any bond or coupon without written order of the
issuing authority, or fails to destroy such plate or plates
containing the facsimile signature upon direction of such
issuing authority, shall be guilty of a felony. [1955 c 375 §
2.]
Fraud, forgery: Chapter 9A.60 RCW.
39.44.102 Facsimile signatures on bonds and
coupons—Statements and signatures required on registered bonds. Where any bond so issued requires registration by the county treasurer, that bond shall bear a statement
on the back thereof showing the name of the person to
whom sold, date of issue, the number and series of the bond,
and shall be signed by the county treasurer in his own name
[Title 39 RCW—page 59]
39.44.102
Title 39 RCW: Public Contracts and Indebtedness
or by a deputy county treasurer in his own name. [1955 c
375 § 3.]
39.44.110 Registration—Payment—Assignment.
Upon the presentation at the office of the officer or agent
hereinafter provided for, any bond which is bearer in form
that has heretofore been or may hereafter be issued by any
county, city, town, port, school district, or other municipal
or quasi municipal corporation in this state, may, if so
provided in the proceedings authorizing the issuance of the
same, be registered as to principal in the name of the owner
upon the books of such municipality to be kept in said
office, such registration to be noted on the reverse of the
bond by such officer or agent. The principal of any bond so
registered shall be payable only to the payee, his legal
representative, successors or assigns, and such bond shall be
transferable to another registered holder or back to bearer
only upon presentation to such officer or agent, with a
written assignment duly acknowledged or proved. The name
of the assignee shall be written upon any bond so transferred
and in the books so kept in the office of such officer or
agent. [1983 c 167 § 108; 1961 c 141 § 4; 1915 c 91 § 1;
RRS § 5494.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.44.120 Payment of coupon interest. If so
provided in the proceedings authorizing the issuance of any
such bonds, upon the registration thereof as to principal, or
at any time thereafter, the coupons thereto attached, evidencing all interest to be paid thereon to the date of maturity,
may be surrendered to the officer or agent hereinafter
provided and the bonds shall also become registered as to
interest. Such coupons shall be canceled by such officer or
agent, who shall sign a statement endorsed upon such bond
of the cancellation of all unmatured coupons and the
registration of such bond. Thereafter the interest evidenced
by such canceled coupons shall be paid at the times provided
therein to the registered owner of such bond in lawful money
of the United States of America mailed to his address.
[1983 c 167 § 109; 1961 c 141 § 5; 1915 c 91 § 2; RRS §
5495.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.44.130 Treasurers as registration officers—Fiscal
agent. (1) The duties prescribed in this chapter as to the
registration of bonds of any city or town shall be performed
by the treasurer thereof, and as to those of any county, port
or school district by the county treasurer of the county in
which such port or school district lies; but any treasurer as
defined in RCW 39.46.020 may designate its legally designated fiscal agency or agencies for the performance of such
duties, after making arrangements with such fiscal agency
therefor, which arrangements may include provision for the
payment by the bond owner of a fee for each registration.
(2) The county treasurer as ex officio treasurer of a
special district shall act as fiscal agent or may appoint the
fiscal agent to be used by the county. [1995 c 38 § 5; 1994
c 301 § 9; 1985 c 84 § 2; 1983 c 167 § 110; 1971 ex.s. c 79
§ 1; 1915 c 91 § 3; RRS § 5496.]
[Title 39 RCW—page 60]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Fiscal agencies: Chapter 43.80 RCW.
39.44.140 Revenue bonds—Funds for reserve
purposes may be included in issue amount. Any county,
city, town, political subdivision, or other municipal or quasi
municipal corporation authorized to issue revenue bonds may
include in the amount of any such issue funds for the
purpose of establishing, maintaining or increasing reserves
to:
(1) Secure the payment of the principal of and interest
on such revenue bonds; or
(2) Provide for replacements or renewals of or repairs
or betterments to revenue producing facilities; or
(3) Provide for contingencies, including, but not limited
to, loss of revenue caused by such contingencies.
The authority granted pursuant to this section is additional and supplemental to any existing authority to issue
revenue bonds and nothing in this section shall prevent the
issuance of such bonds pursuant to any other law: PROVIDED, That no such bond issue may include an amount in
excess of fifteen percent thereof for the purpose of establishing, maintaining or increasing reserves as enumerated above.
[1983 c 167 § 111; 1977 ex.s. c 229 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.44.200 State and local government bond information—Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout
RCW 39.44.200 through 39.44.240.
(1) "Bond" means "bond" as defined in RCW 39.46.020,
but also includes any other indebtedness that may be issued
by any local government to fund private activities or
purposes where the indebtedness is of a nonrecourse nature
payable from private sources, including debt issued under
chapter 39.50 RCW.
(2) "Local government" means "local government" as
defined in RCW 39.46.020.
(3) "Type of bond" includes: (a) General obligation
bonds, including councilmanic and voter-approved bonds; (b)
revenue bonds; (c) local improvement district bonds; (d)
special assessment bonds such as those issued by irrigation
districts and diking districts; and (e) other classes of bonds.
(4) "State" means "state" as defined in RCW 39.46.020
but also includes any commissions or other entities of the
state. [2001 c 299 § 14; 1990 c 220 § 1; 1989 c 225 § 1;
1987 c 297 § 12; 1985 c 130 § 5.]
Severability—1987 c 297: See RCW 39.86.906.
39.44.210 State and local government bond information—Submittal—Contents—Annual report. For each
state or local government bond issued, the underwriter of the
issue shall supply the department of community, trade, and
economic development with information on the bond issue
within twenty days of its issuance. In cases where the issuer
of the bond makes a direct or private sale to a purchaser
without benefit of an underwriter, the issuer shall supply the
required information. The bond issue information shall be
(2002 Ed.)
Bonds—Miscellaneous Provisions, Bond Information Reporting
provided on a form prescribed by the department of community, trade, and economic development and shall include but
is not limited to: (1) The par value of the bond issue; (2)
the effective interest rates; (3) a schedule of maturities; (4)
the purposes of the bond issue; (5) cost of issuance information; and (6) the type of bonds that are issued. A copy of
the bond covenants shall be supplied with this information.
For each state or local government bond issued, the
issuer’s bond counsel promptly shall provide to the underwriter or to the department of community, trade, and
economic development information on the amount of any
fees charged for services rendered with regard to the bond
issue.
Each local government that issues any type of bond
shall make a report annually to the department of community, trade, and economic development that includes a summary of all the outstanding bonds of the local government as of
the first day of January in that year. Such report shall
distinguish the outstanding bond issues on the basis of the
type of bond, as defined in RCW 39.44.200, and shall report
the local government’s outstanding indebtedness compared
to any applicable limitations on indebtedness, including
RCW 35.42.200, 39.30.010, and 39.36.020. [1995 c 399 §
54; 1990 c 220 § 2; 1989 c 225 § 2; 1985 c 130 § 1.]
Fiscal agencies: Chapter 43.80 RCW.
Publication of local government bond information by department of
community, trade, and economic development—Adoption of rules:
RCW 43.63A.155.
39.44.230 State and local government bond information—Rules. The department of community, trade, and
economic development may adopt rules and regulations
pursuant to the administrative procedure act to require (1)
the submission of bond issuance information by underwriters
and bond counsel to the department of community, trade,
and economic development in a timely manner and (2) the
submission of additional information on bond issues by state
and local governments, including summaries of outstanding
bond issues. [1995 c 399 § 55; 1989 c 225 § 3; 1985 c 130
§ 3.]
39.44.240 State and local government bond information—Validity of bonds not affected. Failure to file the
information required by RCW 39.44.210 and 39.44.230 shall
not affect the validity of the bonds that are issued. [1989 c
225 § 4; 1985 c 130 § 4.]
39.44.900 Validation—Savings—1982 c 216. All
bonds, the issuance of which was authorized or ratified at a
general or special election held within the issuing jurisdiction
prior to April 3, 1982, or the proposition for the issuance of
which will be submitted at such an election pursuant to
action of the legislative authority of the issuer taken prior to
April 3, 1982, may be sold and issued with an interest rate
or rates greater than any interest rate restriction contained in
the ballot proposition or ordinance or resolution relating to
such authorization or ratification if such bonds are or were
sold and issued in accordance with the sale provisions and
with an interest rate or rates not greater than those permitted
by the applicable provision of *this amendatory act, and any
such bonds heretofore sold are declared valid obligations of
(2002 Ed.)
39.44.210
the issuer. This section shall not apply to bonds having a
total value exceeding fifteen million dollars. [1982 c 216 §
12.]
*Reviser’s note: For codification of "this amendatory act" [1982 c
216], see Codification Tables, Volume 0.
Chapter 39.46
BONDS—OTHER MISCELLANEOUS
PROVISIONS—REGISTRATION
Sections
39.46.010
39.46.020
39.46.030
39.46.040
39.46.050
39.46.060
39.46.070
39.46.100
39.46.110
39.46.120
39.46.150
39.46.160
Purposes—Liberal construction.
Definitions.
Registration system authorized—Requirements—Fiscal agencies, agents.
Bonds—Issuer to determine amount, terms, conditions, interest, etc.
Bonds—Issuer authorized to establish lines of credit.
Bonds—Reproduction of physical instrument.
Bonds—Payment of costs of issuance and sale.
RCW 39.46.010 through 39.46.070 constitutes alternative
method.
Local government general obligation bonds—Indebtedness—
Payment—Notice by special district.
Notice of intent to sell general obligation bonds.
Revenue bonds—Alternative method of issuance—
Limitations.
Revenue bonds—Alternative method of issuance—Bonds
may include reserve funds.
39.46.010 Purposes—Liberal construction. The
purposes of this chapter are to permit the state and local
governments to conform with registration requirements of
federal law which are necessary to exempt interest payments
from federal income taxes when the state or local governments issue bonds or incur other obligations and to authorize
the establishment and maintenance of differing systems of
registering bonds and other obligations as these systems are
developed and recognized, which may be instituted, discontinued, and reinstituted from time to time. It is further the
purpose of this chapter to grant local governments an
alternative flexible authority to structure and sell their bond
issues and to include a variety of features on their bonds.
This act shall be liberally construed to effect its purposes. [1983 c 167 § 1.]
Severability—1983 c 167: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 167 § 273.]
39.46.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bond" means any agreement which may or may not
be represented by a physical instrument, including notes,
warrants, or certificates of indebtedness, that evidences an
indebtedness of the state or a local government or a fund
thereof, where the state or local government agrees to pay a
specified amount of money, with or without interest, at a
designated time or times to either registered owners or
bearers, including debt issued under chapter 39.50 RCW.
(2) "Local government" means any county, city, town,
special purpose district, political subdivision, municipal
[Title 39 RCW—page 61]
39.46.020
Title 39 RCW: Public Contracts and Indebtedness
corporation, or quasi municipal corporation, including any
public corporation created by such an entity.
(3) "Obligation" means an agreement that evidences an
indebtedness of the state or a local government, other than
a bond, and includes, but is not limited to, conditional sales
contracts, lease obligations, and promissory notes.
(4) "State" includes the state, agencies of the state, and
public corporations created by the state or agencies of the
state.
(5) "Treasurer" means the state treasurer, county
treasurer, city treasurer, or treasurer of any other municipal
corporation. [2001 c 299 § 15; 1995 c 38 § 6; 1994 c 301
§ 10; 1983 c 167 § 2.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.46.030 Registration system authorized—
Requirements—Fiscal agencies, agents. (1) The state and
local governments are authorized to establish a system of
registering the ownership of their bonds or other obligations
as to principal and interest, or principal only. Registration
may include, without limitation: (a) A book entry system of
recording the ownership of a bond or other obligation
whether or not a physical instrument is issued; or (b) recording the ownership of a bond or other obligation together
with the requirement that the transfer of ownership may only
be effected by the surrender of the old bond or other
obligation and either the reissuance of the old bond or other
obligation or the issuance of a new bond or other obligation
to the new owner.
(2) The system of registration shall define the method
or methods by which transfer of the registered bonds or
other obligations shall be effective, and by which payment
of principal and any interest shall be made. The system of
registration may permit the issuance of bonds or other
obligations in any denomination to represent several registered bonds or other obligations of smaller denominations.
The system of registration may also provide for any writing
relating to a bond or other obligation that is not issued as a
physical instrument, for identifying numbers or other
designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying
denominations, for communications to the owners of bonds
or other obligations, for accounting, canceled certificate
destruction, registration and release of securing interests, and
for such other incidental matters pertaining to the registration
of bonds or other obligations as the issuer may deem to be
necessary or appropriate.
(3)(a) The state treasurer or a local treasurer may
appoint (i) one or more of the fiscal agencies appointed from
time to time by the state finance committee in accordance
with chapter 43.80 RCW or (ii) other fiscal agents to act
with respect to an issue of its bonds or other obligations as
authenticating trustee, transfer agent, registrar, and paying or
other agent and specify the rights and duties and means of
compensation of any such fiscal agency so acting. The state
treasurer or local treasurers may also enter into agreements
with the fiscal agency or agencies in connection with the
establishment and maintenance by such fiscal agency or
[Title 39 RCW—page 62]
agencies of a central depository system for the transfer or
pledge of bonds or other obligations.
(b) The county treasurer as ex officio treasurer of a
special district shall act as fiscal agent for such special
district, unless the county treasurer appoints either one or
more of the fiscal agencies appointed from time to time by
the state finance committee in accordance with chapter 43.80
RCW or other fiscal agents selected in a manner consistent
with RCW 43.80.120 to act with respect to an issue of its
bonds or other obligations as authenticating trustee, transfer
agent, registrar, and paying or other agent and specify the
rights and duties and means of compensation of any such
fiscal agency.
(4) Nothing in this section precludes the issuer, or a
trustee appointed by the issuer pursuant to any other provision of law, from itself performing, either alone or jointly
with other issuers, fiscal agencies, or trustees, any transfer,
registration, authentication, payment, or other function described in this section. [1995 c 38 § 7; 1994 c 301 § 11;
1985 c 84 § 1; 1983 c 167 § 3.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.46.040 Bonds—Issuer to determine amount,
terms, conditions, interest, etc. A local government
authorized to issue bonds shall determine for the bond issue
its amount, date or dates, terms not in excess of the maximum term otherwise provided in law, conditions, bond
denominations, interest rate or rates, which may be fixed or
variable, interest payment dates, maturity or maturities,
redemption rights, registration privileges, manner of execution, price, manner of sale, covenants, and form, including
registration as to principal and interest, registration as to
principal only, or bearer. Registration may be as provided
in RCW 39.46.030. [1983 c 167 § 4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.46.050 Bonds—Issuer authorized to establish
lines of credit. Each local government authorized to issue
bonds is authorized to establish lines of credit with any
qualified public depository to be drawn upon in exchange for
its bonds or other obligations, to delegate to its fiscal officer
authority to determine the amount of credit extended, and to
pay interest and other finance or service charges. The
interest rates on such bonds or other obligations may be a
fixed rate or rates set periodically or a variable rate or rates
determined by agreement of the parties. [1983 c 167 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.46.060 Bonds—Reproduction of physical instrument. Where bonds are issued by the state or a local
government as physical instruments, the bonds shall be
printed, engraved, lithographed, typed, or reproduced and the
manual or facsimile signatures of both a designated officer
and chairperson of the governing body or chief executive
shall be included on each bond. [1983 c 167 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
Bonds—Other Miscellaneous Provisions—Registration
39.46.070 Bonds—Payment of costs of issuance and
sale. (1) Except as provided in subsection (2) of this
section, the proceeds of any bonds issued by the state or a
local government may be used to pay incidental costs and
costs related to the sale and issuance of the bonds. Such
costs include payments for fiscal and legal expenses,
obtaining bond ratings, printing, engraving, advertising,
establishing and funding reserve accounts and other accounts,
an amount for working capital, capitalized interest for up to
six months after completion of construction, necessary and
related engineering, architectural, planning, and inspection
costs, and other similar activities or purposes.
(2) In addition to the costs enumerated in subsection (1)
of this section, costs authorized under this section include
capitalized interest for up to seventy-two months from the
date of issuance for bonds issued by the state for the
construction of a public toll bridge under chapter 47.46
RCW. [2002 c 114 § 22; 1983 c 167 § 7.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.46.100 RCW 39.46.010 through 39.46.070
constitutes alternative method. RCW 39.46.010 through
39.46.070 shall be deemed to provide a complete, additional,
and alternative method for the performance of those subjects
authorized by these sections and shall be regarded as
supplemental and additional to powers conferred by other
state laws. Whenever bonds and other obligations are issued
and sold in conformance with RCW 39.46.010 through
39.46.070, such issuance and sale need not comply with
contrary requirements of other state laws applicable to the
issuance and sale of bonds or other obligations. [1983 c 167
§ 8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.46.110 Local government general obligation
bonds—Indebtedness—Payment—Notice by special
district. (1) General obligation bonds of local governments
shall be subject to this section. Unless otherwise stated in
law, the maximum term of any general obligation bond issue
shall be forty years.
(2) General obligation bonds constitute an indebtedness
of the local government issuing the bonds that are subject to
the indebtedness limitations provided in Article VIII, section
6 of the state Constitution and are payable from tax revenues
of the local government and such other money lawfully
available and pledged or provided by the governing body of
the local government for that purpose. Such governing body
may pledge the full faith, credit and resources of the local
government for the payment of general obligation bonds.
The payment of such bonds shall be enforceable in mandamus against the local government and its officials. The
officials now or hereafter charged by law with the duty of
levying taxes pledged for the payment of general obligation
bonds and interest thereon shall, in the manner provided by
law, make an annual levy of such taxes sufficient together
with other moneys lawfully available and pledge [pledged]
(2002 Ed.)
39.46.070
therefor to meet the payments of principal and interest on the
bonds as they come due.
(3) General obligation bonds, whether or not issued as
physical instruments, shall be executed in the manner
determined by the governing body or legislative body of the
issuer. If the issuer is the county or a special district for
which the county treasurer is the treasurer, the issuer shall
notify the county treasurer at least thirty days in advance of
authorizing the issuance of bonds or the incurrence of other
certificates of indebtedness.
(4) Unless another statute specifically provides otherwise, the owner of a general obligation bond, or the owner
of an interest coupon, issued by a local government shall not
have any claim against the state arising from the general
obligation bond or interest coupon.
(5) As used in this section, the term "local government"
means every unit of local government, including municipal
corporations, quasi municipal corporations, and political
subdivisions, where property ownership is not a prerequisite
to vote in the local government’s elections. [1998 c 106 §
7; 1995 c 38 § 8; 1994 c 301 § 12; 1984 c 186 § 2.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Purpose—1984 c 186: "The purpose of this 1984 act is to provide
simplified and uniform authorities for various local governments to issue
and sell general obligation bonds. It is not the purpose of this 1984 act to
alter the indebtedness limitation of local governments." [1984 c 186 § 1.]
39.46.120 Notice of intent to sell general obligation
bonds. Notice of intent to sell general obligation bonds at
a public sale shall be provided in a reasonable manner as
determined by the legislative authority or governing body of
the issuer. [1984 c 186 § 4.]
Purpose—1984 c 186: See note following RCW 39.46.110.
39.46.150 Revenue bonds—Alternative method of
issuance—Limitations. (1) Any local government authorized to issue revenue bonds may issue revenue bonds under
this section and RCW 39.46.160. If a local government
chooses to issue revenue bonds under this section and RCW
39.46.160, the issue shall be subject to the limitations and
restrictions of these sections. The authority to issue revenue
bonds under this section and RCW 39.46.160 is supplementary and in addition to any authority otherwise existing. The
maximum term of any revenue bonds shall be forty years
unless another statute authorizing the local government to
issue revenue bonds provides for a different maximum term,
in which event the local government may issue revenue
bonds only with terms not in excess of such different
maximum term.
(2) The governing body of a local government issuing
revenue bonds shall create a special fund or funds, or use an
existing special fund or funds, exclusively from which, along
with reserve funds which may be created by the governing
body, the principal and interest on such revenue bonds shall
be payable. These reserve funds include those authorized to
be created by RCW 39.46.160.
Subject to the limitations contained in this section, the
governing body of a local government may provide such
covenants as it may deem necessary to secure the payment
of the principal of and interest on revenue bonds, and
premium on revenue bonds, if any. Such covenants may
[Title 39 RCW—page 63]
39.46.150
Title 39 RCW: Public Contracts and Indebtedness
include, but are not limited to, depositing certain revenues
into a special fund or funds as provided in subsection (3) of
this section; establishing, maintaining, and collecting fees,
rates, charges, tariffs, or rentals, on facilities and services,
the income of which is pledged for the payment of such
bonds; operating, maintaining, managing, accounting, and
auditing the local government; appointing trustees, depositaries, and paying agents; and any and all matters of like or
different character, which affect the security or protection of
the revenue bonds.
(3) The governing body may obligate the local government to set aside and pay into a special fund or funds
created under subsection (2) of this section a proportion or
a fixed amount of the revenues from the following: (a) The
public improvements, projects, or facilities that are financed
by the revenue bonds; or (b) the public utility or system, or
an addition or extension to the public utility or system,
where the improvements, projects, or facilities financed by
the revenue bonds are a portion of the public utility or
system; or (c) all the revenues of the local government; or
(d) any other money legally available for such purposes. As
used in this subsection, the term "revenues" includes the
operating revenues of a local government that result from
fees, rates, charges, tariffs, or rentals imposed upon the use
or availability or benefit from projects, facilities, or utilities
owned or operated by the local government and from related
services provided by the local government and other revenues legally available to be pledged to secure the revenue
bonds.
The proportion or fixed amount of revenue so obligated
shall be a lien and charge against these revenues, subject
only to maintenance and operating expenses. The governing
body shall have due regard for the cost of maintenance and
operation of the public utility, system, improvement, project,
facility, addition, or extension that generates revenues
obligated to be placed into the special fund or funds from
which the revenue bonds are payable, and shall not set aside
into the special fund or funds a greater amount or proportion
of the revenues that in its judgment will be available over
and above such cost of maintenance and operation and the
proportion or fixed amount, if any, of the revenue so
previously pledged. Other revenues, including tax revenues,
lawfully available for maintenance or operation of revenue
generating facilities may be used for maintenance and
operation purposes even though the facilities are acquired,
constructed, expanded, replaced, or repaired with moneys
arising from the sale of revenue bonds. However, the use of
these other revenues for maintenance and operation purposes
shall not be deemed to directly or indirectly guarantee the
revenue bonds or create a general obligation. The obligation
to maintain and impose fees, rates, charges, tariffs, or rentals
at levels sufficient to finance maintenance and operations
shall remain if the other revenues available for such purposes
diminish or cease.
The governing body may also provide that revenue
bonds payable out of the same source or sources of revenue
may later be issued on a parity with any revenue bonds
being issued and sold.
(4) A revenue bond issued by a local government shall
not constitute an obligation of the state, either general or
special, nor a general obligation of the local government
issuing the bond, but is a special obligation of the local
[Title 39 RCW—page 64]
government issuing the bond, and the interest and principal
on the bond shall only be payable from the special fund or
funds established pursuant to subsection (2) of this section,
the revenues lawfully pledged to the special fund or funds,
and any lawfully created reserve funds. The owner of a
revenue bond shall not have any claim for the payment
thereof against the local government arising from the
revenue bond except for payment from the special fund or
funds, the revenues lawfully pledged to the special fund or
funds, and any lawfully created reserve funds. The owner of
a revenue bond issued by a local government shall not have
any claim against the state arising from the revenue bond.
Tax revenues shall not be used directly or indirectly to
secure or guarantee the payment of the principal of or
interest on revenue bonds.
[(5)] The substance of the limitations included in this
subsection shall be plainly printed, written, engraved, or
reproduced on: (a) Each revenue bond that is a physical
instrument; (b) the official notice of sale; and (c) each
official statement associated with the bonds.
(6) The authority to create a fund shall include the
authority to create accounts within a fund.
(7) Local governments issuing revenue bonds, payable
from revenues derived from projects, facilities, or utilities,
shall covenant to maintain and keep these projects, facilities,
or utilities in proper operating condition for their useful life.
[1986 c 168 § 1.]
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
39.46.160 Revenue bonds—Alternative method of
issuance—Bonds may include reserve funds. Any local
government issuing revenue bonds under this section and
RCW 39.46.150 may include in the amount of any such
issue money for the purpose of establishing, maintaining, or
increasing reserve funds to:
(1) Secure the payment of the principal of and interest
on such revenue bonds; or
(2) Provide for replacements or renewals of or repairs
or betterments to revenue producing facilities; or
(3) Provide for contingencies, including, but not limited
to, loss of revenue caused by such contingencies. [1986 c
168 § 2.]
Chapter 39.48
BONDS SOLD TO GOVERNMENT
AT PRIVATE SALE
Sections
39.48.010
39.48.020
39.48.030
39.48.040
Authority conferred.
Amortization—Requirements relaxed.
"Issuer" defined.
Chapter optional.
39.48.010 Authority conferred. Bonds and securities
of all kinds heretofore or hereafter authorized, issued by any
issuing corporation or district (hereinafter called the "issuer"
and as hereinafter specified), whether such bonds and
securities be issued for such issuer itself or for any other
taxing or assessment district within its limits, and whether
payable in whole or in part out of and from general taxes or
(2002 Ed.)
Bonds Sold to Government at Private Sale
payable in whole or in part out of and from the earnings to
be derived from any utility, system, construction, work, or
works, belonging to or operated by any such issuer, or
payable in whole or in part out of and from "local" or
"benefit" assessments upon lands within any assessment
district or assessment subdivision within any such issuer,
may be sold to the United States government or to any
department, corporation or agency thereof by private sale
without giving any prior notice thereof by publication or
otherwise and in such manner as the governing authority of
such issuer may provide: PROVIDED, Only that bonds or
other securities sold at private sale under the authority of this
chapter shall bear interest at a rate or rates as authorized by
the issuer and that all bonds and securities sold and issued
under the authority of this chapter shall be sold, if now
required by existing law, at not less than par and accrued
interest. [1970 ex.s. c 56 § 59; 1969 ex.s. c 232 § 76; 1933
ex.s. c 30 § 1; RRS § 5583-11.]
39.50.040
39.50.050
39.50.060
39.50.070
39.50.900
39.48.010
Refunding and renewal of short-term obligations.
Short-term obligations—Security.
Nonvoted general indebtedness.
Funds for payment of principal and interest.
Chapter cumulative—Applicability to joint operating agencies.
39.48.020 Amortization—Requirements relaxed. It
shall be proper to provide with respect to any bonds now
required to be amortized as provided by *RCW 39.44.010
through 39.44.080, that such amortized annual maturities
shall commence to be payable at any time on or before five
years from the date of said bonds, and that any bonds, or
any part thereof, issued under the authority of this chapter,
shall be redeemable prior to their fixed maturities, as
provided by the governing board or authority of any such
issuer. [1933 ex.s. c 30 § 2; RRS § 5583-12.]
39.50.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Governing body" means the legislative authority of
a municipal corporation by whatever name designated;
(2) "Local improvement district" includes local improvement districts, utility local improvement districts, road
improvement districts, and other improvement districts that
a municipal corporation is authorized by law to establish;
(3) "Municipal corporation" means any city, town,
county, water-sewer district, school district, port district,
public utility district, metropolitan municipal corporation,
public transportation benefit area, park and recreation
district, irrigation district, fire protection district or any other
municipal or quasi municipal corporation described as such
by statute, or regional transit authority, except joint operating
agencies under chapter 43.52 RCW;
(4) "Ordinance" means an ordinance of a city or town
or resolution or other instrument by which the governing
body of the municipal corporation exercising any power
under this chapter takes formal action and adopts legislative
provisions and matters of some permanency; and
(5) "Short-term obligations" are warrants, notes, capital
leases, or other evidences of indebtedness, except bonds.
[2001 c 299 § 16; 1999 c 153 § 54; 1998 c 106 § 8; 1985 c
332 § 8; 1982 c 216 § 2.]
*Reviser’s note: RCW 39.44.010, 39.44.011, 39.44.020, 39.44.030,
39.44.060, and 39.44.080 were repealed by 1984 c 186 § 70.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
39.48.030 "Issuer" defined. The issuing corporations, districts, and subdivisions hereinbefore referred to and
described as "issuer", shall include any county, city, town,
school district, port district, metropolitan park district, taxing
district, assessment district or any public corporation or
municipal corporation authorized by existing law to issue
bonds, securities or other evidences of indebtedness for itself
or for any other taxing or assessment district therein or
department thereof. [1933 ex.s. c 30 § 3; RRS § 5583-13.]
39.50.020 Short-term obligations authorized.
Subject to any applicable budget requirements, any municipal
corporation may borrow money and issue short-term obligations as provided in this chapter, the proceeds of which may
be used for any lawful purpose of the municipal corporation.
Short-term obligations may be issued in anticipation of the
receipt of revenues, taxes, or grants or the sale of (1) general
obligation bonds if the bonds may be issued without the
assent of the voters or if previously ratified by the voters; (2)
revenue bonds if the bonds have been authorized by ordinance; (3) local improvement district bonds if the bonds
have been authorized by ordinance. These short-term obligations shall be repaid out of money derived from the source
or sources in anticipation of which they were issued or from
any money otherwise legally available for this purpose.
[1982 c 216 § 3.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
39.48.040 Chapter optional. It shall be optional with
any such issuer, at its discretion, to exercise all or any of the
powers conferred by this chapter in connection with the
adoption and exercise by any such issuer of the provisions
and powers granted by existing law. [1933 ex.s. c 30 § 4;
RRS § 5583-14.]
Chapter 39.50
SHORT-TERM OBLIGATIONS—
MUNICIPAL CORPORATIONS
Sections
39.50.010
39.50.020
39.50.030
(2002 Ed.)
Definitions.
Short-term obligations authorized.
Issuance of short-term obligations—Procedure—Interest
rate—Contracts for future sale.
39.50.030 Issuance of short-term obligations—
Procedure—Interest rate—Contracts for future sale. (1)
The issuance of short-term obligations shall be authorized by
ordinance of the governing body which ordinance shall fix
the maximum amount of the obligations to be issued or, if
applicable, the maximum amount which may be outstanding
at any time, the maximum term and interest rate or rates to
be borne thereby, the manner of sale, maximum price, form
including bearer or registered as provided in RCW
[Title 39 RCW—page 65]
39.50.030
Title 39 RCW: Public Contracts and Indebtedness
39.46.030, terms, conditions, and the covenants thereof. For
those municipalities and taxing and assessment districts for
which the county treasurer is not the designated treasurer by
law, the ordinance may provide for designation and employment of a paying agent for the short-term obligations and
may authorize a designated representative of the municipal
corporation, subject to the terms of the ordinance in selling
and delivering short-term obligations authorized and fixing
the dates, price, interest rates, and other details as may be
specified in the ordinance. For the county and those taxing
and assessment districts for which the county treasurer is the
designated treasurer by law or other appointment, the county
treasurer shall be notified thirty days in advance of borrowing under this chapter and will be the designated paying
agent to act on its behalf for all payments of principal,
interest, and penalties for that obligation, subject to the terms
of the ordinance in selling and delivering short-term obligations authorized and fixing the dates, price, interest rates,
and other details as may be specified in the ordinance.
Short-term obligations issued under this section shall bear
such fixed or variable rate or rates of interest as the governing body considers to be in the best interests of the municipal corporation. Variable rates of interest may be fixed in
relationship to such standard or index as the governing body
designates.
The governing body may make contracts for the future
sale of short-term obligations pursuant to which the purchasers are committed to purchase the short-term obligations
from time to time on the terms and conditions stated in the
contract, and may pay such consideration as it considers
proper for the commitments. Short-term obligations issued
in anticipation of the receipt of taxes shall be paid within six
months from the end of the fiscal year in which they are
issued. For the purpose of this subsection, short-term
obligations issued in anticipation of the sale of general
obligation bonds shall not be considered to be obligations
issued in anticipation of the receipt of taxes.
(2) Notwithstanding subsection (1) of this section, such
short-term obligations may be issued and sold in accordance
with chapter 39.46 RCW. [2001 c 299 § 17; 1995 c 38 § 9;
1994 c 301 § 13; 1985 c 71 § 1; 1983 c 167 § 112; 1982 c
216 § 4.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.50.040 Refunding and renewal of short-term
obligations. Short-term obligations may, from time to time,
be renewed or refunded by the issuance of short-term
obligations and may be funded by the issuance of revenue,
local improvement district, special assessment, or general
obligation bonds. Short-term obligations payable from taxes
shall not be renewed or refunded to a date later than six
months from the end of the fiscal year in which the original
short-term obligation was issued. For the purpose of this
section, short-term obligations issued in anticipation of the
sale of general obligation bonds shall not be considered to be
short-term obligations payable from taxes. [1985 c 332 § 9;
1985 c 71 § 2; 1982 c 216 § 5.]
[Title 39 RCW—page 66]
39.50.050 Short-term obligations—Security.
Short-term obligations issued in anticipation of the receipt of
taxes or the sale of general obligation bonds and the interest
thereon shall be secured by the full faith, credit, taxing
power, and resources of the municipal corporation. Shortterm obligations issued in anticipation of the sale of revenue
or local improvement district bonds and the interest thereon
may be secured in the same manner as the revenue and local
improvement district bonds in anticipation of which the
obligations are issued and by an undertaking to issue the
bonds. Short-term obligations issued in anticipation of
grants, loans, or other sources of money shall be secured in
the manner set forth in the ordinance authorizing their issuance. [1982 c 216 § 6.]
39.50.060 Nonvoted general indebtedness. A
municipal corporation may incur nonvoted general indebtedness under this chapter up to an amount which, when added
to all other authorized and outstanding nonvoted indebtedness of the municipal corporation, is equal to the maximum
amount of indebtedness the municipal corporation is otherwise permitted to incur without a vote of the electors. [1982
c 216 § 7.]
39.50.070 Funds for payment of principal and
interest. For the purpose of providing funds for the payment of principal of and interest on short-term obligations,
the governing body may authorize the creation of a special
fund or funds and provide for the payment from authorized
sources to such funds of amounts sufficient to meet principal
and interest requirements. [1982 c 216 § 8.]
39.50.900 Chapter cumulative—Applicability to
joint operating agencies. The authority granted by this
chapter shall be in addition and supplemental to any authority previously granted and shall not limit any other powers or
authority previously granted to any municipal corporation.
The authority granted by this chapter to public utility
districts organized under Title 54 RCW shall not extend to
joint operating agencies organized under chapter 43.52
RCW. [1982 c 216 § 9.]
Chapter 39.52
FUNDING INDEBTEDNESS IN COUNTIES,
CITIES AND TOWNS
Sections
39.52.010 Issuance of funding bonds authorized.
39.52.015 Validation of prior bond issues.
39.52.020 Limitations on issuance of bonds.
39.52.035 Tax levy—Purpose.
39.52.050 "Corporate authorities" defined.
Cities and towns, ratification and funding of indebtedness: Chapter 35.40
RCW.
Metropolitan municipal corporations, funding and refunding bonds: RCW
35.58.470.
Port districts, funding and refunding indebtedness: Chapter 53.44 RCW.
Public utility districts, funding and refunding bonds: RCW 54.24.090.
School districts, refunding bonds: RCW 28A.530.040.
(2002 Ed.)
Funding Indebtedness in Counties, Cities and Towns
39.52.010 Issuance of funding bonds authorized.
Any county, city, or town in the state of Washington which
now has or may hereafter have an outstanding indebtedness
evidenced by warrants or bonds, including warrants or bonds
of any county, city, or town which are special fund obligations of and constitute a lien upon the waterworks or other
public utilities of such county, city, or town, and are payable
only from the income or funds derived or to be derived
therefrom, whether issued originally within the limitations of
the Constitution of this state, or of any law thereof, or
whether such outstanding indebtedness has been or may
hereafter be validated or legalized in the manner prescribed
by law, may, by its corporate authorities, provide by ordinance or resolution for the issuance of funding bonds with
which to take up and cancel such outstanding indebtedness
in the manner hereinafter described, said bonds to constitute
general obligations of such county, city, or town: PROVIDED, That special fund obligations payable only from the
income funds of the public utility, shall not be refunded by
the issuance of general municipal bonds where voter approval is required before general municipal bonds may be issued
for such public utility purposes, unless such general municipal bonds shall have been previously authorized. Nothing in
this chapter shall be so construed as to prevent any such
county, city, or town from funding its indebtedness as now
provided by law. [1995 2nd sp.s. c 17 § 6; 1984 c 186 §
36; 1917 c 145 § 1; 1895 c 170 § 1; RRS § 5617.]
Severability—1995 2nd sp.s. c 17: See RCW 43.99K.900.
Purpose—1984 c 186: See note following RCW 39.46.110.
39.52.015 Validation of prior bond issues. That all
bonds heretofore voted or issued, and which may have been
or may hereafter be issued by any county, city or town, for
any of the purposes authorized by the preceding section as
hereby amended, including general fund bonds issued for the
purpose of refunding special utility fund bonds or warrants,
shall be validated and have the same force and effect as
though said section had been in full force and effect at the
time said bonds were either authorized or issued. [1917 c
145 § 2; RRS § 5618.]
39.52.020 Limitations on issuance of bonds. No
bonds issued under this chapter shall be issued for a longer
period than twenty years. Nothing in this chapter shall be
deemed to authorize the issuing of any funding bonds which
exceeds any constitutional or statutory limitations of indebtedness. Such bonds shall be issued and sold in accordance
with chapters 39.46 and 39.53 RCW, exclusive of RCW
39.53.120. [1995 2nd sp.s. c 17 § 7; 1984 c 186 § 37; 1983
c 167 § 113; 1970 ex.s. c 56 § 60; 1969 ex.s. c 232 § 31;
1895 c 170 § 2; RRS § 5619.]
Severability—1995 2nd sp.s. c 17: See RCW 43.99K.900.
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: "Because market conditions are such that
the state, state agencies, state colleges and universities, and the political
subdivisions, municipal corporations and quasi municipal corporations of
this state are finding it increasingly difficult and, in some cases, impossible
to market bond issues and all other obligations, at the maximum permissible
rate of interest payable on such bonds and obligations, it is the purpose of
this 1970 amendatory act to remove all maximum rates of interest payable
(2002 Ed.)
39.52.010
on such bonds and obligations." [1970 ex.s. c 56 § 1; 1969 ex.s. c 232 §
1.]
Validation—Saving—1969 ex.s. c 232: "All bonds, the issuance of
which was authorized or ratified at a general or special election held within
the issuing jurisdiction prior to the effective date of this amendatory act or
the proposition for the issuance of which will be submitted at such an
election pursuant to action of the legislative authority of the issuer taken
prior to the effective date of this amendatory act, may be sold and issued
with an interest rate or rates greater than any interest rate restriction
contained in the ballot proposition or ordinance or resolution relating to
such authorization or ratification if such bonds are sold and issued with an
interest rate or rates not greater than those permitted by the applicable
provision of this amendatory act." [1969 ex.s. c 232 § 94.]
Severability—1969 ex.s. c 232: "If a court of competent jurisdiction
shall adjudge to be invalid or unconstitutional any clause, sentence,
paragraph, section, or part of this 1969 amendatory act, such judgment or
decree shall not affect, impair or nullify the remainder of this act, but the
effect thereof shall be confined to the clause, sentence, paragraph, section,
or part of this act so adjudged to be invalid or unconstitutional." [1969
ex.s. c 232 § 95.]
Bonds, form, terms of sale, payment, etc.: Chapter 39.44 RCW.
39.52.035 Tax levy—Purpose. The corporate
authorities of any such county, city or town shall provide
annually by ordinance or resolution for the levy and extension on the tax rolls of such county, city or town, and for the
collection thereof, of a direct annual tax in addition to all
other county, city or town taxes to be levied according to
law, which shall be sufficient to meet the interest on all of
said bonds promptly as the same matures, and also sufficient
to fully pay each series of bonds as the same matures:
PROVIDED, That such ordinance or resolution shall not be
repealed until the levy therein provided for shall be fully
paid, or the bonds both principal and interest shall be paid or
canceled. [1895 c 170 § 4; RRS § 5621. Formerly RCW
39.52.030, part.]
39.52.050 "Corporate authorities" defined. The
words "corporate authorities", used in this chapter, shall be
held to mean the county legislative authority, or the council
or commission of the city or town. [1984 c 186 § 38; 1895
c 170 § 6; RRS § 5623.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Chapter 39.53
REFUNDING BOND ACT
Sections
39.53.010
39.53.020
39.53.030
39.53.040
39.53.045
39.53.050
39.53.060
39.53.070
Definitions.
Issuance authorized—Purposes—Saving to public body,
criteria.
Refunding bonds may be exchanged for bonds to be refunded or sold.
What bonds may be refunded—Refunding plans—
Redemption of refunding bonds.
Bonds payable from special assessments—Not subject to
refunding.
Refunding bonds, principal amount—Disposition of reserves
held to secure the bonds to be refunded.
Application of proceeds of sale of refunding bonds and
other funds—Investment in government obligations—
Incidental expenses.
Application of proceeds of sale of refunding bonds and
other funds—Contracts for safekeeping and application—Use to pay and secure refunding bonds—Pledge
of revenues—Duty to provide sufficient money to accomplish refunding.
[Title 39 RCW—page 67]
Chapter 39.53
39.53.080
39.53.090
39.53.100
39.53.110
39.53.120
39.53.130
39.53.140
39.53.900
39.53.910
39.53.920
39.53.921
Title 39 RCW: Public Contracts and Indebtedness
Pledge of revenues to payment of refunding bonds when
amounts sufficient to pay revenue bonds to be refunded
are irrevocably set aside.
Annual maturities of general obligation refunding bonds
issued to refund voted general obligation bonds.
Use of deposit moneys and investments in computing indebtedness.
Refunding and other bonds may be issued in combination.
Refunding bonds to be issued in accordance with laws applicable to type of bonds to be refunded.
Amendment of power contracts pursuant to refunding of certain bond issues.
Issuance of general obligation refunding bonds to refund
general obligation or revenue bonds.
Short title.
Additional authority—Effect as to other laws.
Severability—1965 ex.s. c 138.
Severability—1977 ex.s. c 262.
39.53.010 Definitions. Except where the context
otherwise requires, the definitions in this section apply
throughout this chapter:
(1) "Bond" means any revenue bond or general obligation bond.
(2) "General obligation bond" means any bond, note,
warrant, certificate of indebtedness, or other obligation of a
public body which constitutes an indebtedness within the
meaning of the constitutional debt limitation.
(3) "Governing body" means the council, commission,
board of commissioners, board of directors, board of
trustees, board of regents, or other legislative body of the
public body designated herein in which the legislative
powers of the public body are vested. With respect to the
state, "governing body" means the state finance committee.
(4) "Government obligations" means any of the following: (a) Direct obligations of, or obligations the principal of
and interest on which are unconditionally guaranteed by the
United States of America and bank certificates of deposit
secured by such obligations; (b) bonds, debentures, notes,
participation certificates, or other obligations issued by the
banks for cooperatives, the federal intermediate credit bank,
the federal home loan bank system, the export-import bank
of the United States, federal land banks, or the federal
national mortgage association; (c) public housing bonds and
project notes fully secured by contracts with the United
States; and (d) obligations of financial institutions insured by
the federal deposit insurance corporation or the federal
savings and loan insurance corporation, to the extent insured
or to the extent guaranteed as permitted under any other
provision of state law.
(5) "Issuer" means the public body issuing any bond or
bonds.
(6) "Ordinance" means an ordinance of a city or town,
or ordinance, resolution or other instrument by which the
governing body of the public body exercising any power
under this chapter takes formal action and adopts legislative
provisions and matters of some permanency.
(7) "Public body" means the state of Washington, its
agencies, institutions, political subdivisions, and municipal
and quasi-municipal corporations now or hereafter existing
under the laws of the state of Washington.
(8) "Refunding bonds" means bonds issued for the
purpose of paying the principal of or redemption premiums
or interest on any outstanding bonds of the issuer, its
predecessor, or a related public body.
[Title 39 RCW—page 68]
(9) "Refunding plan" means the plan adopted by an
ordinance of a public body to issue refunding bonds and
redeem the bonds to be refunded.
(10) "Revenue bond" means any bond, note, warrant,
certificate of indebtedness, or other obligation for the
payment of money that is payable from designated revenues,
special assessments, or a special fund but excluding any
obligation constituting an indebtedness within the meaning
of the constitutional debt limitation. [1999 c 230 § 1; 1984
c 186 § 68; 1973 1st ex.s. c 25 § 1; 1965 ex.s. c 138 § 2.]
Application—Construction—1999 c 230: "The authority of a public
body to issue refunding bonds pursuant to this act is additional to any
existing authority to issue such bonds and nothing in this act shall prevent
the issuance of such bonds pursuant to any other law, and this act shall not
be construed to amend any existing law authorizing the issuance of
refunding bonds by a public body." [1999 c 230 § 13.]
Severability—1999 c 230: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 230 § 14.]
Purpose—1984 c 186: See note following RCW 39.46.110.
39.53.020 Issuance authorized—Purposes—Saving
to public body, criteria. The governing body of any public
body may by ordinance provide for the issuance of refunding
bonds without an election (1) in order to pay or discharge all
or any part of an outstanding series or issue of bonds,
including any redemption premiums or interest thereon, in
arrears or about to become due, and for which sufficient
funds are not available, (2) when necessary or in the best interest of the public body to modify debt service or reserve
requirements, sources of payment, covenants, or other terms
of the bonds to be refunded, or (3) in order to effect a
saving to the public body. To determine whether or not a
saving will be effected, consideration shall be given to the
interest to fixed maturities of the refunding bonds and the
bonds to be refunded, the costs of issuance of the refunding
bonds, including any sale discount, the redemption premiums, if any, to be paid, and the known earned income from
the investment of the refunding bond proceeds pending
redemption of the bonds to be refunded. [1999 c 230 § 2;
1977 ex.s. c 262 § 1; 1974 ex.s. c 111 § 2; 1965 ex.s. c 138
§ 3.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
Severability—1974 ex.s. c 111: See note following RCW 39.42.080.
39.53.030 Refunding bonds may be exchanged for
bonds to be refunded or sold. Any refunding bonds issued
may be delivered in exchange for the bonds to be refunded
or may be sold in such manner and at such price as the governing body may in its discretion determine advisable. [1999
c 230 § 3; 1973 1st ex.s. c 25 § 2; 1965 ex.s. c 138 § 4.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.040 What bonds may be refunded—
Refunding plans—Redemption of refunding bonds.
Bonds may be refunded under this chapter or under any
other law of this state which authorizes the issuance of
refunding bonds. In any refunding plan under this chapter
the governing body shall provide irrevocably in the ordinance authorizing the issuance of the advance refunding
(2002 Ed.)
Refunding Bond Act
bonds for the redemption or payment of the bonds to be
refunded.
The ordinance authorizing the issuance of refunding
bonds under this chapter may contain such provisions for the
redemption of the refunding bonds prior to maturity and for
payment of a premium upon such redemption as the governing body in its discretion may determine advisable. [1999
c 230 § 4; 1977 ex.s. c 262 § 2; 1973 1st ex.s. c 25 § 3;
1965 ex.s. c 138 § 5.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.045 Bonds payable from special assessments—
Not subject to refunding. Bonds payable solely from
special assessments or special assessments and a guaranty
fund issued on or prior to June 7, 1984, shall not be subject
to refunding under this chapter. [1984 c 186 § 69.]
Purpose—1984 c 186: See note following RCW 39.46.110.
39.53.050 Refunding bonds, principal amount—
Disposition of reserves held to secure the bonds to be
refunded. The principal amount of refunding bonds may
exceed the principal amount of the bonds to be refunded by
an amount deemed reasonably required to effect such
refunding. The principal amount of the refunding bonds
may be less than or the same as the principal amount of the
bonds to be refunded so long as provision is duly and
sufficiently made for the retirement or redemption of such
bonds to be refunded. Any reserves held to secure the bonds
to be refunded, or other available money, may be used to
accomplish the refunding in accordance with the refunding
plan. Reserves not so used shall be pledged as security for
the refunding bonds to the extent the reserves, if any, are
required. The balance of any such reserves may be used for
any lawful purpose. [1999 c 230 § 5; 1983 1st ex.s. c 69 §
1; 1977 ex.s. c 262 § 3; 1974 ex.s. c 111 § 3; 1965 ex.s. c
138 § 6.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
Severability—1974 ex.s. c 111: See note following RCW 39.42.080.
39.53.060 Application of proceeds of sale of refunding bonds and other funds—Investment in government
obligations—Incidental expenses. Prior to the application
of the proceeds derived from the sale of refunding bonds to
the purposes for which such bonds have been issued, such
proceeds, together with any other funds the governing body
may set aside for the payment of the bonds to be refunded,
may be invested and reinvested only in government obligations maturing or having guaranteed redemption prices at the
option of the holder at such time or times as may be
required to provide funds sufficient to pay principal, interest
and redemption premiums, if any, in accordance with the
refunding plan. To the extent incidental expenses have been
capitalized, such bond proceeds may be used to defray such
expenses. [1999 c 230 § 6; 1973 1st ex.s. c 25 § 4; 1965
ex.s. c 138 § 7.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
(2002 Ed.)
39.53.040
39.53.070 Application of proceeds of sale of refunding bonds and other funds—Contracts for safekeeping
and application—Use to pay and secure refunding
bonds—Pledge of revenues—Duty to provide sufficient
money to accomplish refunding. The governing body may
contract with respect to the safekeeping and application of
the refunding bond proceeds and other funds included
therewith and the income therefrom including the right to
appoint a trustee which may be any trust company or state
or national bank having powers of a trust company within or
without the state of Washington. The governing body may
provide in the refunding plan that until such moneys are
required to redeem or retire the bonds to be refunded, the
refunding bond proceeds and other funds, and the income
therefrom shall be used to pay and secure the payment of the
principal of and interest on the refunding bonds. The
governing body may additionally pledge for the payment of
revenue refunding bonds any revenues which might legally
be pledged for the payment of revenue bonds of the issuer
of the type to be refunded. Provisions must be made by the
governing body for moneys sufficient in amount to accomplish the refunding as scheduled. [1999 c 230 § 7; 1973 1st
ex.s. c 25 § 5; 1965 ex.s. c 138 § 8.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.080 Pledge of revenues to payment of refunding bonds when amounts sufficient to pay revenue bonds
to be refunded are irrevocably set aside. When a public
body has irrevocably set aside for and pledged to the
payment of revenue bonds to be refunded refunding bond
proceeds and other moneys in amounts which together with
known earned income from the investment thereof are
sufficient in amount to pay the principal of and interest and
any redemption premiums on such revenue bonds as the
same become due and to accomplish the refunding as
scheduled, the governing body may provide that the refunding revenue bonds shall be payable from any source which,
either at the time of the issuance of the refunding bonds or
the revenue bonds to be refunded, might legally be or have
been pledged for the payment of the revenue bonds to be
refunded to the extent it may legally do so, notwithstanding
the pledge of such revenues for the payment of the revenue
bonds to be refunded. [1999 c 230 § 8; 1965 ex.s. c 138 §
9.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.090 Annual maturities of general obligation
refunding bonds issued to refund voted general obligation
bonds. The various annual maturities of general obligation
refunding bonds issued to refund voted general obligation
bonds shall not extend over a longer period of time than the
bonds to be refunded. Such maturities may be changed in
amount or shortened in term if the estimated respective
annual principal and interest requirements of the refunding
bonds, computed upon the anticipated effective interest rate
the governing body shall in its discretion determine will be
borne by such bonds, will not exceed the respective annual
principal and interest requirements of the bonds to be
refunded, except the issuer may increase the principal
[Title 39 RCW—page 69]
39.53.090
Title 39 RCW: Public Contracts and Indebtedness
amount of annual maturities for the purpose of rounding out
maturities to the nearest five thousand dollars. [1999 c 230
§ 9; 1965 ex.s. c 138 § 10.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.100 Use of deposit moneys and investments in
computing indebtedness. In computing indebtedness for
the purpose of any constitutional or statutory debt limitation
there shall be deducted from the amount of outstanding
indebtedness the amounts of money and investments credited
to or on deposit for general obligation bond retirement.
[1973 1st ex.s. c 25 § 6; 1965 ex.s. c 138 § 11.]
39.53.110 Refunding and other bonds may be
issued in combination. Refunding bonds and bonds for any
other purpose or purposes authorized may be issued separately or issued in combination in one or more series or issues
by the same issuer. [1999 c 230 § 10; 1965 ex.s. c 138 §
12.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.120 Refunding bonds to be issued in accordance with laws applicable to type of bonds to be refunded. Except as specifically provided in this chapter, refunding bonds issued under this chapter shall be issued in
accordance with the provisions of law applicable to the type
of bonds of the issuer to be refunded, at the time of the
issuance of either the refunding bonds or the bonds to be
refunded. [1999 c 230 § 11; 1965 ex.s. c 138 § 13.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
39.53.130 Amendment of power contracts pursuant
to refunding of certain bond issues. If bonds are to be
issued under this chapter for refunding of any bonds issued
specifically to finance any electric power and energy project
or facility and there are contracts in existence for the sale of
electric power and energy generated by such project or
facility wherein the cost of power to a purchaser specifically
includes a portion of the debt service on the bonds to be
refunded, such power contracts shall be amended to reflect
in each year during the remaining terms of such contracts
that portion of the savings to be realized from such refunding during each such year equal to the percentage of power
output from such project or facility purchased by the
purchaser under such power contracts. Nothing in this
chapter shall be construed to alter, modify or change any
such power contracts without the mutual agreement of the
parties thereto. [1965 ex.s. c 138 § 15.]
39.53.140 Issuance of general obligation refunding
bonds to refund general obligation or revenue bonds.
Any public body may issue general obligation refunding
bonds to refund any general obligation or revenue bonds of
such issuer or its agencies or instrumentalities. The payment
of general obligation refunding bonds may be additionally
secured by a pledge of the revenues pledged to the payment
of the revenue bonds to be refunded.
[Title 39 RCW—page 70]
If the payment of revenue bonds to be refunded by
general obligation bonds of the state is secured by (1) fees
collected by the state as license fees for motor vehicles, or
(2) excise taxes collected by the state on the sale, distribution or use of motor vehicle fuel, or (3) interest on the
permanent school fund, then the state shall also pledge to the
payment of such refunding bonds the same fees, excise
taxes, or interest that were pledged to the payment of the
revenue bonds to be refunded.
Any public body may issue revenue refunding bonds to
refund any general obligation of such issuer or its agencies
or instrumentalities if the bonds to be refunded were issued
for purposes for which those revenue refunding bonds could
be issued. [1999 c 230 § 12; 1974 ex.s. c 111 § 4; 1973 1st
ex.s. c 25 § 7.]
Application—Construction—Severability—1999 c 230: See notes
following RCW 39.53.010.
Severability—1974 ex.s. c 111: See note following RCW 39.42.080.
39.53.900 Short title. This chapter shall be known as
the "Refunding Bond Act." [1965 ex.s. c 138 § 1.]
39.53.910 Additional authority—Effect as to other
laws. The authority of a public body to issue refunding
bonds pursuant to this chapter is additional to any existing
authority to issue such bonds and nothing in this chapter
shall prevent the issuance of such bonds pursuant to any
other law, and this chapter shall not be construed to amend
any existing law authorizing the issuance of refunding bonds
by a public body. [1965 ex.s. c 138 § 14.]
39.53.920 Severability—1965 ex.s. c 138. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1965 ex.s. c 138 § 16.]
39.53.921 Severability—1977 ex.s. c 262. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 262 § 4.]
Chapter 39.56
WARRANTS
Sections
39.56.020
39.56.030
39.56.040
39.56.050
Rate on municipal warrants.
Issuing officer to fix rate.
Cancellation of municipal warrants.
Municipal corporations authorized to establish line of credit
for payment of warrants—Interest.
Interest on judgments: RCW 4.56.110.
Usurious rates of interest: Chapter 19.52 RCW.
39.56.020 Rate on municipal warrants. All county,
city, town and school warrants, and all warrants or other
evidences of indebtedness, drawn upon or payable from any
public funds, shall bear interest at a rate or rates as authorized by the issuing authority. [1970 ex.s. c 56 § 106; 1899
c 80 § 4; RRS § 7302. Prior: 1895 c 136 § 3.]
(2002 Ed.)
Warrants
39.56.020
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Cities and towns, local improvement district warrants, interest rate: RCW
35.45.130.
Department of financial institutions: Chapter 43.320 RCW.
State investment board: Chapter 43.33A RCW.
Surplus funds in state treasury, investment program: Chapter 43.86A RCW.
39.56.030 Issuing officer to fix rate. It shall be the
duty of every public officer issuing public warrants to make
monthly investigation to ascertain the market value of the
current warrants issued by him, and he shall, so far as practicable, fix the rate of interest on the warrants issued by him
during the ensuing month so that the par value shall be the
market value thereof. [1981 c 156 § 16; 1981 c 10 § 4;
1899 c 80 § 5; RRS § 7303.]
39.58.010 Definitions. In this chapter, unless the
context otherwise requires:
(1) "Public funds" means moneys under the control of
a treasurer or custodian belonging to, or held for the benefit
of, the state or any of its political subdivisions, public
corporations, municipal corporations, agencies, courts,
boards, commissions, or committees, including moneys held
as trustee, agent, or bailee;
(2) "Public depositary" means a financial institution
which does not claim exemption from the payment of any
sales or compensating use or ad valorem taxes under the
laws of this state, which has been approved by the commission to hold public deposits, and which has segregated for
the benefit of the commission eligible collateral having a
value of not less than its maximum liability. Addition of the
word "bank" denotes a bank, trust company, or national
banking association and the word "thrift" denotes a savings
association or savings bank;
(3) "Loss" means the issuance of an order by a regulatory or supervisory authority or a court of competent jurisdiction (a) restraining a public depositary from making payments of deposit liabilities or (b) appointing a receiver for a
public depositary;
(4) "Commission" means the Washington public deposit
protection commission created under RCW 39.58.030;
(5) "Eligible collateral" means securities which are
enumerated in RCW 39.58.050 (5) and (6) as eligible
collateral for public deposits;
(6) The "maximum liability" of a public depositary on
any given date means a sum equal to ten percent of (a) all
public deposits held by the *qualified public depositary on
the then most recent commission report date, or (b) the
average of the balances of said public deposits on the last
four immediately preceding reports required pursuant to
RCW 39.58.100, whichever amount is greater, less any
assessments paid to the commission pursuant to this chapter
since the then most recent commission report date;
(7) "Public funds available for investment" means such
public funds as are in excess of the anticipated cash needs
throughout the duration of the contemplated investment
period;
(8) "Investment deposits" means time deposits, money
market deposit accounts, and savings deposits of public
funds available for investment;
(9) "Treasurer" shall mean the state treasurer, a county
treasurer, a city treasurer, a treasurer of any other municipal
corporation, and any other custodian of public funds;
(10) "Financial institution" means any national or state
chartered commercial bank or trust company, savings bank,
or savings association, or branch or branches thereof, located
in this state and lawfully engaged in business;
(11) "Commission report" means a formal accounting
rendered by all public depositaries to the commission in
response to a demand for specific information made by the
commission detailing pertinent affairs of each public depositary as of the close of business on a specified date, which is
39.56.040 Cancellation of municipal warrants.
Registered or interest bearing warrants of any municipal
corporation not presented within one year of the date of their
call, or other warrants not presented within one year of their
issue, shall be canceled by passage of a resolution of the
governing body of the municipal corporation, and upon
notice of the passage of such resolution the auditor of the
municipal corporation and the treasurer of the municipal
corporation shall transfer all records of such warrants so as
to leave the funds as if such warrants had never been drawn.
[1975 1st ex.s. c 131 § 1.]
39.56.050 Municipal corporations authorized to
establish line of credit for payment of warrants—
Interest. See RCW 43.09.2853.
Chapter 39.58
PUBLIC FUNDS—DEPOSITS AND
INVESTMENTS—PUBLIC DEPOSITARIES
Sections
39.58.010
39.58.020
39.58.030
39.58.040
39.58.045
39.58.050
39.58.060
39.58.065
39.58.070
39.58.080
39.58.085
39.58.090
39.58.100
39.58.103
39.58.105
39.58.108
39.58.120
39.58.130
39.58.135
39.58.140
39.58.155
39.58.750
(2002 Ed.)
Definitions.
Public funds—Protection against loss.
Public deposit protection commission—State finance committee constitutes—Proceedings.
General powers of commission.
Financial institutions claiming exemption from sales, use or
ad valorem taxes—Notification of commission.
Collateral for deposits—Segregation—Eligible securities.
Loss in a bank public depositary—Procedure for payment.
Loss in a thrift public depositary—Procedure for payment.
Subrogation of commission to depositor’s rights—Sums
received from distribution of assets, payment.
Deposit of public funds in public depositary required—
Deposits in institutions located outside the state.
Demand accounts in out-of-state and alien banks—
Limitations.
Authority to secure deposits in accordance with chapter—
Bonds and securities for deposits dispensed with.
Reports of public depositaries—Certification by director of
financial institutions.
Notice to commission of reduced net worth.
Investigation of financial institution applying to become
public depositary—Report.
Requirements to become depositary.
Interest rates.
Investment deposits—Net worth of public depositary.
Limitations on deposits.
Liability of treasurers.
Statewide custodian—Exemption from chapter.
Receipt, disbursement, or transfer of public funds by wire or
other electronic communication means authorized.
[Title 39 RCW—page 71]
39.58.010
Title 39 RCW: Public Contracts and Indebtedness
the "commission report date." "Commission report due date"
is the last day for the timely filing of a commission report;
(12) "Director of financial institutions" means the
Washington state director of the department of financial
institutions;
(13) "Net worth" of a public depositary means (a) the
equity capital as reported to its primary regulatory authority
on the quarterly report of condition or statement of condition
and may include capital notes and debentures which are
subordinate to the interests of depositors, or (b) equity
capital adjusted by rule of the commission;
(14) "Depositary pledge agreement" means a tripartite
agreement executed by the commission with a financial
institution and its designated trustee. Such agreement shall
be approved by the directors or the loan committee of the
financial institution and shall continuously be a record of the
financial institution. New securities may be pledged under
this agreement in substitution of or in addition to securities
originally pledged without executing a new agreement;
(15) "Trustee" means a third-party safekeeping agent
which has completed a depositary pledge agreement with a
public depositary and the commission. Such third-party
safekeeping agent may be the federal reserve bank of San
Francisco, the federal home loan bank of Seattle, the trust
department of the public depositary, or such other third-party
safekeeping agent approved by the commission. [1996 c 256
§ 1; 1994 c 92 § 494; 1984 c 177 § 10; 1983 c 66 § 3; 1977
ex.s. c 95 § 1; 1975 1st ex.s. c 77 § 1; 1973 c 126 § 9; 1969
ex.s. c 193 § 1.]
*Reviser’s note: The term "qualified public depositary" was
redefined as "public depositary" by 1996 c 256 § 1.
Severability—1983 c 66: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 66 § 24.]
Severability—1969 ex.s. c 193: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
this act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 193 § 32.]
Construction—1969 ex.s. c 193: "Nothing in this act shall be
construed so as to impair the obligation of any contract or agreement
entered into prior to its effective date." [1969 ex.s. c 193 § 33.]
City depositaries: Chapter 35.38 RCW.
County depositaries: Chapter 36.48 RCW.
State depositaries: Chapter 43.85 RCW.
39.58.020 Public funds—Protection against loss. All
public funds deposited in public depositaries, including
investment deposits and accrued interest thereon, shall be
protected against loss, as provided in this chapter. [1996 c
256 § 2; 1984 c 177 § 11; 1983 c 66 § 5; 1973 c 126 § 10;
1969 ex.s. c 193 § 2.]
in any action or proceedings in any court of this state.
[1983 c 66 § 6; 1969 ex.s. c 193 § 3.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.040 General powers of commission. The
commission shall have power (1) to make and enforce
regulations necessary and proper to the full and complete
performance of its functions under this chapter; (2) to require
any public depositary to furnish such information dealing
with public deposits and the exact status of its net worth as
the commission shall request. Any public depositary which
refuses or neglects to give promptly and accurately or to
allow verification of any information so requested shall no
longer be a public depositary and shall be excluded from the
right to receive or hold public deposits until such time as the
commission shall acknowledge that such depositary has
furnished the information requested; (3) to take such action
as it deems best for the protection, collection, compromise
or settlement of any claim arising in case of loss; (4) to
prescribe regulations, subject to this chapter, fixing the
requirements for qualification of financial institutions as
public depositaries, and fixing other terms and conditions
consistent with this chapter, under which public deposits may
be received and held; (5) to make and enforce regulations
setting forth criteria establishing minimum standards for the
financial condition of bank and thrift depositaries and, if the
minimum standards are not met, providing for additional
collateral requirements or restrictions regarding a public
depositary’s right to receive or hold public deposits; (6) to
fix the official date on which any loss shall be deemed to
have occurred taking into consideration the orders, rules and
regulations of supervisory authority as they affect the failure
or inability of a public depositary to repay public deposits in
full; and (7) in case loss occurs in more than one public
depositary, to determine the allocation and time of payment
of any sums due to public depositors under this chapter.
[1996 c 256 § 3; 1986 c 25 § 2; 1984 c 177 § 12; 1983 c 66
§ 7; 1975 1st ex.s. c 77 § 2; 1969 ex.s. c 193 § 4.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.045 Financial institutions claiming exemption
from sales, use or ad valorem taxes—Notification of
commission. The director of the department of revenue
shall notify the public deposit protection commission
quarterly on the first day of October, January, April, and
July of the names and addresses of any financial institutions
which have claimed exemption from the payment of any
sales or compensating use or ad valorem taxes under the
laws of this state. [1983 c 66 § 4.]
Severability—1983 c 66: See note following RCW 39.58.010.
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.030 Public deposit protection commission—
State finance committee constitutes—Proceedings. The
Washington public deposit protection commission shall be
the state finance committee. The record of the proceedings
of the public deposit protection commission shall be kept in
the office of the commission and a duly certified copy
thereof, or any part thereof, shall be admissible in evidence
[Title 39 RCW—page 72]
39.58.050 Collateral for deposits—Segregation—
Eligible securities. (1) Every public depositary shall
complete a depositary pledge agreement with the commission
and a trustee, and shall at all times maintain, segregated
from its other assets, eligible collateral in the form of
securities enumerated in this section having a value at least
equal to its maximum liability and as otherwise prescribed
in this chapter. Such collateral shall be segregated by
deposit with the depositary’s trustee and shall be clearly
(2002 Ed.)
Public Funds—Deposits and Investments—Public Depositaries
designated as security for the benefit of public depositors
under this chapter.
(2) Securities eligible as collateral shall be valued at
market value, and the total market value of securities
pledged in accordance with this chapter shall not be reduced
by withdrawal or substitution of securities except by prior
authorization, in writing, by the commission.
(3) The public depositary shall have the right to make
substitutions of an equal or greater amount of such collateral
at any time.
(4) The income from the securities which have been
segregated as collateral shall belong to the public depositary
without restriction.
(5) Each of the following enumerated classes of securities, providing there has been no default in the payment of
principal or interest thereon, shall be eligible to qualify as
collateral:
(a) Certificates, notes or bonds of the United States, or
other obligations of the United States or its agencies, or of
any corporation wholly owned by the government of the
United States;
(b) State, county, municipal, or school district bonds or
warrants of taxing districts of the state of Washington or any
other state of the United States, provided that such bonds
and warrants shall be only those found to be within the limit
of indebtedness prescribed by law for the taxing district
issuing them and to be general obligations;
(c) The obligations of any United States governmentsponsored corporation whose obligations are or may become
eligible as collateral for advances to member banks as
determined by the board of governors of the federal reserve
system;
(d) Bonds, notes, letters of credit, or other securities or
evidence of indebtedness constituting the direct and general
obligation of a federal home loan bank or federal reserve
bank;
(e) Revenue bonds of this state or any authority, board,
commission, committee, or similar agency thereof, and any
municipality or taxing district of this state;
(f) Direct and general obligation bonds and warrants of
any city, town, county, school district, port district, or other
political subdivision of any state, having the power to levy
general taxes, which are payable from general ad valorem
taxes;
(g) Bonds issued by public utility districts as authorized
under the provisions of Title 54 RCW, as now or hereafter
amended;
(h) Bonds of any city of the state of Washington for the
payment of which the entire revenues of the city’s water
system, power and light system, or both, less maintenance
and operating costs, are irrevocably pledged, even though
such bonds are not general obligations of such city;
(6) In addition to the securities enumerated in this
section, every public depositary may also segregate such
bonds, securities, and other obligations as are designated to
be authorized security for public deposits under the laws of
this state.
(7) The commission may at any time or times declare
any particular security as ineligible to qualify as collateral
when in the commission’s judgment it is deemed desirable
to do so. [1996 c 256 § 4; 1989 c 97 § 4; 1984 c 177 § 13;
(2002 Ed.)
39.58.050
1983 c 66 § 8; 1975 1st ex.s. c 77 § 3; 1973 c 126 § 11;
1969 ex.s. c 193 § 5.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.060 Loss in a bank public depositary—
Procedure for payment. When the commission determines
that a loss has occurred in a bank public depositary, it shall
as soon as possible make payment to the proper public officers of all funds subject to such loss, pursuant to the
following procedures:
(1) For the purposes of determining the sums to be paid,
the director of financial institutions or the receiver shall,
within twenty days after issuance of a restraining order or
taking possession of any bank public depositary, ascertain
the amount of public funds on deposit therein as disclosed
by its records and the amount thereof covered by deposit
insurance and certify the amounts thereof to the commission
and each such public depositor;
(2) Within ten days after receipt of such certification,
each such public depositor shall furnish to the commission
verified statements of its deposits in such bank public
depositary as disclosed by its records;
(3) Upon receipt of such certificate and statements, the
commission shall ascertain and fix the amount of such public
deposits, net after deduction of any amount received from
deposit insurance, and, after determining and declaring the
apparent net loss, assess the same against all then bank
public depositaries, as follows: First, against the public
depositary in which the loss occurred, to the extent of the
full value of collateral segregated pursuant to this chapter;
second, against all other bank public depositaries pro rata in
proportion to the maximum liability of each such depositary
as it existed on the date of loss;
(4) Assessments made by the commission shall be
payable on the second business day following demand, and
in case of the failure of any public depositary so to pay, the
commission shall forthwith take possession of the securities
segregated as collateral by such depositary pursuant to this
chapter and liquidate the same for the purpose of paying
such assessment;
(5) Upon receipt of such assessment payments, the
commission shall reimburse the public depositors of the
public depositary in which the loss occurred to the extent of
the depositary’s net deposit liability to them. [1996 c 256 §
5; 1983 c 66 § 9; 1973 c 126 § 12; 1969 ex.s. c 193 § 6.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.065 Loss in a thrift public depositary—
Procedure for payment. When the commission determines
that a loss has occurred in a thrift public depositary, it shall
as soon as possible make payment to the proper public officers of all funds subject to such loss, pursuant to the
following procedures:
(1) For the purposes of determining the sums to be paid,
the director of financial institutions or the receiver shall,
within twenty days after issuance of a restraining order or
taking possession of any thrift public depositary, ascertain
the amount of public funds on deposit therein as disclosed
by its records and the amount thereof covered by deposit
insurance and certify the amounts thereof to the commission
and each such public depositor;
[Title 39 RCW—page 73]
39.58.065
Title 39 RCW: Public Contracts and Indebtedness
(2) Within ten days after receipt of such certification,
each such public depositor shall furnish to the commission
verified statements of its deposits in such thrift depositary as
disclosed by its records;
(3) Upon receipt of such certificate and statements, the
commission shall ascertain and fix the amount of such public
deposits, net after deduction of any amount received from
deposit insurance, and, after determining and declaring the
apparent net loss, assess the same against all then thrift
public depositaries, as follows: First, against the public
depositary in which the loss occurred, to the extent of the
full value of collateral segregated pursuant to this chapter;
second, against all other thrift public depositaries pro rata in
proportion to the maximum liability of each such depositary
as it existed on the date of loss;
(4) Assessments made by the commission shall be
payable on the second business day following demand, and
in case of the failure of any public depositary so to pay, the
commission shall forthwith take possession of the securities
segregated as collateral by such depositary pursuant to this
chapter and liquidate the same for the purpose of paying
such assessment;
(5) Upon receipt of such assessment payments, the
commission shall reimburse the public depositors of the
public depositary in which the loss occurred to the extent of
the depositary’s net deposit liability to them. [1996 c 256 §
6; 1983 c 66 § 10.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.070 Subrogation of commission to depositor’s
rights—Sums received from distribution of assets,
payment. Upon payment to any public depositor, the
commission shall be subrogated to all of such depositor’s
right, title and interest against the public depositary in which
the loss occurred and shall share in any distribution of its
assets ratably with other depositors. Any sums received
from any distribution shall be paid to the public depositors
to the extent of any unpaid net deposit liability and the
balance remaining shall be paid to the public depositaries
against which assessments were made, pro rata in proportion
to the assessments actually paid by each such depositary:
PROVIDED, That the public depositary in which the loss
occurred shall not share in any such distribution of the balance remaining. If the commission incurs expense in
enforcing any such claim, the amount thereof shall be paid
as a liquidation expense of the public depositary in which
the loss occurred. [1996 c 256 § 7; 1973 c 126 § 13; 1969
ex.s. c 193 § 7.]
39.58.080 Deposit of public funds in public depositary required—Deposits in institutions located outside the
state. Except for funds deposited pursuant to a fiscal agency
contract with the state fiscal agent or its correspondent bank,
funds deposited pursuant to a custodial bank contract with
the state’s custodial bank, and funds deposited pursuant to a
local government multistate joint self-insurance program as
provided in RCW 48.62.081, no public funds shall be
deposited in demand or investment deposits except in a
public depositary located in this state or as otherwise expressly permitted by statute: PROVIDED, That the commission, or the chair upon delegation by the commission, upon
[Title 39 RCW—page 74]
good cause shown, may authorize, for such time and upon
such terms and conditions as the commission or chair deem
appropriate, a treasurer to maintain a demand deposit
account with a banking institution located outside the state
of Washington solely for the purpose of transmitting money
received to public depositaries in the state of Washington for
deposit. [1996 c 256 § 8; 1991 sp.s. c 30 § 27; 1986 c 160
§ 1; 1984 c 177 § 14; 1983 c 66 § 11; 1969 ex.s. c 193 § 8.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.085 Demand accounts in out-of-state and
alien banks—Limitations. The commission, or the chair
upon delegation by the commission, may authorize state and
local governmental entities to establish demand accounts in
out-of-state and alien banks in an aggregate amount not to
exceed one million dollars. No single governmental entity
shall be authorized to hold more than fifty thousand dollars
in one demand account.
The governmental entities establishing such demand
accounts shall be solely responsible for their proper and
prudent management and shall bear total responsibility for
any losses incurred by such accounts. Accounts established
under the provisions of this section shall not be considered
insured by the commission.
The state auditor shall annually monitor compliance with
this section and the financial status of such demand accounts.
[1996 c 256 § 9; 1987 c 505 § 21; 1986 c 160 § 2.]
39.58.090 Authority to secure deposits in accordance with chapter—Bonds and securities for deposits
dispensed with. All institutions located in this state which
are permitted by the statutes of this state to hold and receive
public funds shall have power to secure such deposits in
accordance with this chapter. Except as provided in this
chapter, no bond or other security shall be required of or
given by any public depositary for any public funds on
deposit. [1996 c 256 § 10; 1984 c 177 § 15; 1969 ex.s. c
193 § 9.]
39.58.100 Reports of public depositaries—
Certification by director of financial institutions. On or
before each commission report due date, each public
depositary shall render to the commission a written report,
certified under oath, indicating the total amount of public
funds on deposit held by it, the net worth of the depositary,
and the amount and nature of eligible collateral then segregated for the benefit of the commission.
The commission may instruct the director of financial
institutions to examine and thereafter certify as to the
accuracy of any statement to the commission by any public
depositary. [1996 c 256 § 11; 1984 c 177 § 16; 1983 c 66
§ 12; 1969 ex.s. c 193 § 10.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.103 Notice to commission of reduced net
worth. Each public depositary shall notify the commission
in writing within five working days of the happening of an
event which causes its net worth to be reduced by an amount
greater than ten percent of the amount shown as its net
(2002 Ed.)
Public Funds—Deposits and Investments—Public Depositaries
worth on the most recent report submitted pursuant to RCW
39.58.100. [1983 c 66 § 13; 1975 1st ex.s. c 77 § 4.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.105 Investigation of financial institution
applying to become public depositary—Report. The
commission may require the state auditor or the director of
financial institutions to thoroughly investigate and report to
it concerning the condition of any financial institution which
makes application to become a public depositary, and may
also as often as it deems necessary require such investigation
and report concerning the condition of any financial institution which has been designated as a public depositary. The
expense of all such investigations or reports shall be borne
by the financial institution examined. In lieu of any such
investigation or report, the commission may rely upon
information made available to it or the director of financial
institutions by the office of the comptroller of the currency,
the office of thrift supervision, the federal deposit insurance
corporation, the federal reserve board, or any state bank or
thrift regulatory agency.
The director of financial institutions shall in addition
advise the commission of any action he or she has directed
any public depositary to take which will result in a reduction
of greater than ten percent of the net worth of such depositary as shown on the most recent report it submitted pursuant
to RCW 39.58.100. [1996 c 256 § 12; 1983 c 66 § 14; 1975
1st ex.s. c 77 § 5.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.108 Requirements to become depositary. Any
financial institution may become a depositary upon approval
by the commission and segregation of collateral in the
manner as set forth in this chapter, and upon compliance
with all rules as promulgated by the commission. For the
first twelve-month period following qualification as a public
depositary, the depositary shall at all times pledge and segregate eligible securities in an amount equal to not less than
ten percent of all public funds on deposit in the depositary.
[1996 c 256 § 13; 1984 c 177 § 17; 1983 c 66 § 15; 1975
1st ex.s. c 77 § 6.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.120 Interest rates. Time deposits issued
pursuant to this chapter shall bear interest at a rate not in
excess of the maximum rate permitted by any applicable
governmental regulation. [1974 ex.s. c 50 § 1; 1969 ex.s. c
193 § 12.]
39.58.130 Investment deposits—Net worth of public
depositary. A treasurer is authorized to deposit in a public
depositary any public funds available for investment and
secured by collateral in accordance with the provisions of
this chapter, and receive interest thereon. The authority
provided by this section is additional to any authority now
or hereafter provided by law for the investment or deposit of
public funds by any such treasurer: PROVIDED, That in no
case shall the aggregate of demand and investment deposits
of public funds by any such treasurer in any one public
depositary exceed at any time the net worth of that depositary. If a public depositary’s net worth is reduced, a
(2002 Ed.)
39.58.103
treasurer may allow public funds on deposit in excess of the
reduced net worth to remain until maturity upon pledging by
the depositary of eligible securities valued at market value in
an amount at least equal to the amount of the excess
deposits. The collateral shall be segregated as provided in
RCW 39.58.050. If the additional securities required by this
section are not pledged by the depositary, the depositary
shall permit withdrawal prior to maturity by the treasurer of
deposits, including accrued interest, in accordance with
applicable statutes and governmental regulations. [1996 c
256 § 14; 1984 c 177 § 18; 1983 c 66 § 16; 1969 ex.s. c
193 § 13.]
Severability—1983 c 66: See note following RCW 39.58.010.
39.58.135 Limitations on deposits. Notwithstanding
RCW 39.58.130, (1) aggregate deposits received by a public
depositary from all public treasurers shall not exceed at any
time one hundred fifty percent of the value of the
depositary’s net worth, nor (2) shall the aggregate deposits
received by any public depositary exceed thirty percent of
the total aggregate deposits of all public treasurers in all
depositaries as determined by the public deposit protection
commission. However, a public depositary may receive deposits in excess of the limits provided in this section if eligible securities, as prescribed in RCW 39.58.050, are pledged
as collateral in an amount equal to one hundred percent of
the value of deposits received in excess of the limitations
prescribed in this section. [1996 c 256 § 15; 1986 c 25 § 1;
1984 c 177 § 19.]
39.58.140 Liability of treasurers. When deposits are
made in accordance with this chapter, a treasurer shall not be
liable for any loss thereof resulting from the failure or
default of any public depositary without fault or neglect on
his or her part or on the part of his or her assistants or
clerks. [1996 c 256 § 16; 1969 ex.s. c 193 § 29.]
Liability of state treasurer: RCW 43.85.070.
39.58.155 Statewide custodian—Exemption from
chapter. A statewide custodian under RCW 43.08.280 may
be exempted from the requirements of this chapter, based on
rules adopted by the public deposit protection commission.
[1999 c 293 § 3.]
Purpose—Effective date—1999 c 293: See notes following RCW
43.08.280.
39.58.750 Receipt, disbursement, or transfer of
public funds by wire or other electronic communication
means authorized. Notwithstanding any provision of law
to the contrary, the state treasurer or any county, city, or
other municipal treasurer or other custodian of public funds
may receive, disburse, or transfer public funds under his or
her jurisdiction by means of wire or other electronic communication in accordance with accounting standards established
by the state auditor under RCW 43.09.200 with regard to
municipal treasurers or other custodians or by the office of
financial management under RCW 43.88.160 in the case of
the state treasurer and other state custodians to safeguard and
insure accountability for the funds involved. [1996 c 256 §
17; 1981 c 101 § 1; 1979 c 151 § 48; 1977 ex.s. c 15 § 1.
Formerly RCW 39.58.150.]
[Title 39 RCW—page 75]
39.58.750
Title 39 RCW: Public Contracts and Indebtedness
Effective date—1977 ex.s. c 15: "The effective date of this act shall
be July 1, 1977." [1977 ex.s. c 15 § 2.]
Chapter 39.59
PUBLIC FUNDS—AUTHORIZED INVESTMENTS
Sections
39.59.010
39.59.020
39.59.030
39.59.900
Definitions.
Authorized investments—Bonds, warrants, and other investments.
Authorized investments—Mutual funds and money market
funds.
Severability—1988 c 281.
39.59.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bond" means any agreement which may or may not
be represented by a physical instrument, including but not
limited to bonds, notes, warrants, or certificates of indebtedness, that evidences an obligation under which the issuer
agrees to pay a specified amount of money, with or without
interest, at a designated time or times either to registered
owners or bearers.
(2) "Local government" means any county, city, town,
special purpose district, political subdivision, municipal
corporation, or quasi-municipal corporation, including any
public corporation, authority, or other instrumentality created
by such an entity.
(3) "Money market fund" means a mutual fund the
portfolio which consists of only bonds having maturities or
demand or tender provisions of not more than one year,
managed by an investment advisor who has posted with the
risk management division of the office of financial management a bond or other similar instrument in the amount of at
least five percent of the amount invested in the fund pursuant to RCW 39.59.030 (2) or (3).
(4) "Mutual fund" means a diversified mutual fund
registered with the federal securities and exchange commission and which is managed by an investment advisor with
assets under management of at least five hundred million
dollars and with at least five years’ experience in investing
in bonds authorized for investment by this chapter and who
has posted with the risk management division of the office
of financial management a bond or other similar instrument
in the amount of at least five percent of the amount invested
in the fund pursuant to RCW 39.59.030(1).
(5) "State" includes a state, agencies, authorities, and
instrumentalities of a state, and public corporations created
by a state or agencies, authorities, or instrumentalities of a
state. [2002 c 332 § 22; 1988 c 281 § 1.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Enforcement of bonds under RCW 39.59.010 (3) and (4): RCW 43.41.330.
39.59.020 Authorized investments—Bonds, warrants, and other investments. In addition to any other
investment authority granted by law and notwithstanding any
provision of law to the contrary, the state of Washington and
local governments in the state of Washington are authorized
to invest their funds and money in their custody or possession, eligible for investment, in:
[Title 39 RCW—page 76]
(1) Bonds of the state of Washington and any local
government in the state of Washington, which bonds have at
the time of investment one of the three highest credit ratings
of a nationally recognized rating agency;
(2) General obligation bonds of a state other than the
state of Washington and general obligation bonds of a local
government of a state other than the state of Washington,
which bonds have at the time of investment one of the three
highest credit ratings of a nationally recognized rating
agency;
(3) Subject to compliance with RCW 39.56.030,
registered warrants of a local government in the same county
as the government making the investment; or
(4) Any investments authorized by law for the treasurer
of the state of Washington or any local government of the
state of Washington other than a metropolitan municipal
corporation but, except as provided in chapter 39.58 RCW,
such investments shall not include certificates of deposit of
banks or bank branches not located in the state of Washington. [1988 c 281 § 2.]
39.59.030 Authorized investments—Mutual funds
and money market funds. In addition to any other investment authority granted by law, the state of Washington and
local governments in the state of Washington are authorized
to invest their funds and money in their custody or possession, eligible for investment and subject to the arbitrage
provisions of section 148 of the federal internal revenue code
or similar provision concerning the investment of state and
local money and funds, in:
(1) Shares of mutual funds with portfolios consisting of
only United States government bonds or United States
government guaranteed bonds issued by federal agencies
with average maturities less than four years, or bonds
described in RCW 39.59.020 (1) or (2), except that bonds
otherwise described in RCW 39.59.020 (1) or (2) shall have
one of the four highest credit ratings of a nationally recognized rating agency;
(2) Shares of money market funds with portfolios
consisting of only bonds of states and local governments or
other issuers authorized by law for investment by local
governments, which bonds have at the time of investment
one of the two highest credit ratings of a nationally recognized rating agency; or
(3) Shares of money market funds with portfolios
consisting of securities otherwise authorized by law for
investment by local governments. [1988 c 281 § 3.]
39.59.900 Severability—1988 c 281. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 281 § 10.]
Chapter 39.60
INVESTMENT OF PUBLIC FUNDS IN BONDS,
NOTES, ETC.—COLLATERAL
Sections
39.60.010
39.60.020
Investment of public and trust funds authorized.
Exchange of securities for federal agency bonds.
(2002 Ed.)
Investment of Public Funds in Bonds, Notes, Etc.—Collateral
39.60.030
39.60.040
Obligations eligible as collateral security.
Insured shares, deposits or accounts as collateral—Partially
guaranteed obligations.
39.60.050 Investment of public and trust funds in notes, bonds or debentures authorized—Requirements.
Bonds and warrants of state and municipal corporations as investment and
collateral for public funds:
ferry system bonds: RCW 47.60.100.
highway construction bonds: RCW 47.10.050, 47.10.190, 47.10.320,
47.10.450, 47.10.710.
metropolitan municipal corporation bonds: RCW 35.58.510.
public utility district bonds and warrants: RCW 54.24.120.
state warrants: RCW 43.84.120.
toll bridge bonds: RCW 47.56.150, 47.58.070, 47.60.100.
Investments in bonds and warrants of state and municipal corporations
authorized for:
cities of first class, employees’ retirement fund: RCW 41.28.080.
city and town pension funds: RCW 35.39.060.
current state funds: RCW 43.84.080.
insurers: RCW 48.13.040.
metropolitan municipal corporation funds: RCW 35.58.520.
mutual savings banks: RCW 32.20.050, 32.20.070, 32.20.110, 32.20.120,
32.20.130.
permanent school fund: State Constitution Art. 16 § 5 (Amendment 44).
savings and loan associations: RCW 33.24.030, 33.24.050, 33.24.080.
statewide city employees’ retirement fund: RCW 41.44.100.
volunteer fire fighters’ and reserve officers’ relief and pension principal
fund: RCW 41.24.030.
workers’ compensation funds: RCW 51.44.100.
Investments in federal bonds and securities authorized for:
cities and towns: RCW 35.39.030.
current state funds: RCW 43.84.080.
insurers: RCW 48.13.040.
mutual savings banks: RCW 32.20.030.
savings and loan associations: RCW 33.24.020.
school district capital projects fund: RCW 28A.320.330.
school districts, first class, insurance reserve funds: RCW 28A.330.110.
statewide city employees’ retirement fund: RCW 41.44.100.
workers’ compensation funds: RCW 51.44.100.
39.60.010 Investment of public and trust funds
authorized. Notwithstanding the provisions of any other
statute of the state of Washington to the contrary, it shall be
lawful for the state of Washington and any of its departments, institutions and agencies, municipalities, districts, and
any other political subdivision of the state, or any political
or public corporation of the state, or for any insurance
company, savings and loan association, or for any bank, trust
company or other financial institution, operating under the
laws of the state of Washington, or for any executor,
administrator, guardian or conservator, trustee or other
fiduciary to invest its funds or the moneys in its custody or
possession, eligible for investment, in notes or bonds secured
by mortgage which the Federal Housing Administrator has
insured or has made a commitment to insure in obligations
of national mortgage associations, in debentures issued by
the Federal Housing Administrator, and in the bonds of the
Home Owner’s Loan Corporation, a corporation organized
under and by virtue of the authority granted in H.R. 5240,
designated as the Home Owner’s Loan Act of 1933, passed
by the congress of the United States and approved June 13,
1933, and in bonds of any other corporation which is or
hereafter may be created by the United States, as a governmental agency or instrumentality. [1939 c 32 § 1; 1935
c 11 § 1; 1933 ex.s. c 37 § 1; RRS § 5545-1.]
Severability—1933 ex.s. c 37: "If any section, subsection, sentence,
clause or phrase of this act for any reason shall be held to be unconstitutional, such holding shall not affect the validity of the remaining portion of this
(2002 Ed.)
Chapter 39.60
act. The legislature hereby declares that it would have passed this act in
each section, subsection, sentence, clause and phrase thereof, separately and
irrespective of the fact that any one or more of the sections, subsections,
sentences, clauses or phrases be unconstitutional." [1933 ex.s. c 37 § 4.]
This applies to RCW 39.60.010 through 39.60.030.
39.60.020 Exchange of securities for federal agency
bonds. Notwithstanding the provisions of any other statute
of the state of Washington to the contrary, it shall be also
lawful for the state of Washington and any of its departments, institutions and agencies, municipalities, districts, and
any other political subdivisions of the state, or any political
or public corporation of the state, or for any insurance
company, savings and loan association, building and loan
association, or for any bank, trust company or other financial
institution, operating under the laws of the state of Washington, or for any executor, administrator, guardian or conservator, trustee or other fiduciary, to exchange any mortgages,
contracts, judgments or liens owned or held by it, for the
bonds of the Home Owners’ Loan Corporation, a corporation
organized under and by virtue of the authority granted in
H.R. 5240, designated as The Home Owners’ Loan Act of
1933, passed by the congress of the United States and
approved June 13, 1933, or for the bonds of any other
corporation which is or hereafter may be created by the
United States as a governmental agency or instrumentality;
and to accept said bonds at their par value in any such exchange. [1933 ex.s. c 37 § 2; RRS § 5545-2.]
39.60.030 Obligations eligible as collateral security.
Wherever, by statute of this state, collateral is required as
security for the deposit of public or other funds; or deposits
are required to be made with any public official or department; or an investment of capital or surplus, or a reserve or
other fund is required to be maintained consisting of designated securities, the bonds and other securities herein made
eligible for investment shall also be eligible for such
purpose. [1939 c 32 § 2; 1935 c 11 § 2; 1933 ex.s. c 37 §
3; RRS § 5545-3.]
39.60.040 Insured shares, deposits or accounts as
collateral—Partially guaranteed obligations. The obligations issued pursuant to said Federal Home Loan Bank Act
and to said Title IV of the National Housing Act as such
acts are now or hereafter amended, and the shares, deposits
or accounts of any institution which has the insurance
protection provided by Title IV of the National Housing Act,
as now or hereafter amended, may be used at face value or
withdrawal value, and bonds or other interest bearing
obligations as to which the payment of some but less than
the full principal and interest is guaranteed by the United
States of America or any agency thereof may be used to the
extent of the portion so guaranteed, wherever, by statute of
this state or otherwise, collateral is required as security for
the deposit of public or other funds, or deposits are required
to be made with any public official or department, or an
investment of capital or surplus, or a reserve or other fund,
is required to be maintained consisting of designated
security, or wherever by statute of this state or otherwise,
any surety, whether personal, corporate, or otherwise, or any
collateral or security, is required or permitted for any
purpose, including without limitation on the generality of the
[Title 39 RCW—page 77]
39.60.040
Title 39 RCW: Public Contracts and Indebtedness
foregoing, any bond, recognizance, or undertaking. [1967
ex.s. c 48 § 1; 1941 c 249 § 2; Rem. Supp. 1941 § 3791-2.]
39.60.050 Investment of public and trust funds in
notes, bonds or debentures authorized—Requirements.
Notwithstanding the provisions of any other statute of the
state of Washington to the contrary, it shall be lawful for the
state of Washington and any of its departments, institutions
and agencies, municipalities, districts, and any other political
subdivision, or any political or public corporation of the
state, or for any executor, administrator, guardian, or
conservator, trustee or other fiduciary, to invest its funds or
the moneys in its custody or possession, eligible for investment, in notes, bonds, or debentures of savings and loan
associations, banks, mutual savings banks, savings and loan
service corporations operating with approval of the federal
home loan bank, and corporate mortgage companies:
PROVIDED, That the notes, bonds or debentures are rated
not less than "A" by a nationally recognized rating agency,
or are insured or guaranteed by an agency of the federal
government or by private insurer authorized to do business
in the state: PROVIDED FURTHER, That the notes, bonds
and debentures insured or guaranteed by a private insurer
shall also be backed by a pool of mortgages equal to the
amount of the notes, bonds or debentures. [1970 ex.s. c 93
§ 1.]
Severability—1970 ex.s. c 93: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 93 § 4.]
Investment in local improvement district notes: RCW 35.45.150.
Chapter 39.62
UNIFORM FACSIMILE SIGNATURE OF PUBLIC
OFFICIALS ACT
Sections
39.62.010 Definitions.
39.62.020 Facsimile signature—Authorized—Legal effect.
39.62.030 Facsimile seal—Authorized—Legal effect.
39.62.040 Unauthorized use—Penalty.
39.62.900 Construction—Uniformity.
39.62.910 Short title.
39.62.920 Severability—1969 c 86.
Facsimile signatures on bonds and coupons: RCW 39.44.100 through
39.44.102.
39.62.010 Definitions. As used in this chapter:
(1) "Public security" means a bond, note, certificate of
indebtedness, or other obligation for the payment of money,
issued by this state or by any of its departments, agencies,
counties, cities, towns, municipal corporations, junior taxing
districts, school districts, or other instrumentalities or by any
of its political subdivisions.
(2) "Instrument of payment" means a check, draft,
warrant, or order for the payment, delivery, or transfer of
funds.
(3) "Authorized officer" means any official of this state
or any of its departments, agencies, counties, cities, towns,
municipal corporations, junior taxing districts, school
districts, or other instrumentalities or any of its political
[Title 39 RCW—page 78]
subdivisions whose signature to a public security or instrument of payment is required or permitted.
(4) "Facsimile signature" means a reproduction by
engraving, imprinting, stamping, or other means of the
manual signature of an authorized officer. [1969 c 86 § 1.]
39.62.020 Facsimile signature—Authorized—Legal
effect. Any authorized officer, after filing with the secretary
of state his manual signature certified by him under oath,
may execute or cause to be executed with a facsimile signature in lieu of his manual signature:
(1) Any public security: PROVIDED, That at least one
signature required or permitted to be placed thereon shall be
manually subscribed, and
(2) Any instrument of payment.
Upon compliance with this chapter by the authorized officer,
his facsimile signature has the same legal effect as his
manual signature. [1969 c 86 § 2.]
39.62.030 Facsimile seal—Authorized—Legal effect.
When the seal of this state or any of its departments,
agencies, counties, cities, towns, municipal corporations,
junior taxing districts, school districts, or other instrumentalities or of any of its political subdivisions is required in the
execution of a public security or instrument of payment, the
authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon.
The facsimile seal has the same legal effect as the impression of the seal. [1969 c 86 § 3.]
39.62.040 Unauthorized use—Penalty. Any person
who with intent to defraud uses on a public security or an
instrument of payment:
(1) A facsimile signature, or any reproduction of it, of
any authorized officer, or
(2) Any facsimile seal, or any reproduction of it, of this
state or any of its departments, agencies, counties, cities,
towns, municipal corporations, junior taxing districts, school
districts, or other instrumentalities or of any of its political
subdivisions is guilty of a felony. [1969 c 86 § 4.]
39.62.900 Construction—Uniformity. This chapter
shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it. [1969
c 86 § 5.]
39.62.910 Short title. This act may be cited as the
uniform facsimile signature of public officials act. [1969 c
86 § 6.]
39.62.920 Severability—1969 c 86. If any provision
of this 1969 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1969 c 86 § 7.]
(2002 Ed.)
Taxing District Relief
Chapter 39.64
TAXING DISTRICT RELIEF
Sections
39.64.005
39.64.010
39.64.020
39.64.030
39.64.040
39.64.050
39.64.060
39.64.070
39.64.080
39.64.085
39.64.090
39.64.900
Short title.
Purpose of chapter.
Definitions.
Exercise of powers granted.
Petition in bankruptcy.
Resolution of authorization.
Resolution consenting to readjustment.
Plan of readjustment.
Powers under plan of readjustment.
Authority of operating agencies to levy taxes.
Validation of prior bankruptcy proceedings.
Construction—Severability—1935 c 143.
39.64.005 Short title. This chapter may be cited as
the taxing district relief act. [1935 c 143 § 1; RRS § 56081.]
39.64.010 Purpose of chapter. The purpose of this
chapter is to facilitate and permit taxing districts which are
unable to meet their debts either in their present amount
and/or at the time they fall due, to obtain relief by the readjustment of such debts as provided for by the act of congress
hereinafter referred to, by supplementing the powers of those
taxing districts for which refunding of debts is provided for
by existing statutes, and by providing a method of refunding
of debts for those taxing districts for which no method of
refunding such debts has heretofore been provided, and by
other provisions appropriate to such purposes.
This chapter shall not be construed as in anywise
limiting the powers of the federal courts to grant relief as
provided for in said act of congress. [1935 c 143 § 2; RRS
§ 5608-2.]
39.64.020 Definitions. For the purposes of this
chapter a "taxing district" is defined to be a "taxing district"
as described in section 80 of chapter IX of the act of
congress entitled "An act to establish a uniform system of
bankruptcy throughout the United States," approved July 1,
1898, as amended, to wit:
"Any municipality or other political subdivision of any
state, including (but not hereby limiting the generality of the
foregoing) any county, city, borough, village, parish, town,
or township, unincorporated tax or special assessment
district, and any school, drainage, irrigation, reclamation,
levee, sewer, or paving, sanitary, port, improvement or other
district (hereinafter referred to as a ’taxing district’)."
Said act of congress and acts amendatory thereof and
supplementary thereto, as the same may be amended from
time to time, are herein referred to as the "federal bankruptcy act." [1935 c 143 § 3; RRS § 5608-3.]
39.64.030 Exercise of powers granted. All powers
herein granted to taxing districts in state of Washington may
be exercised by such districts. If a taxing district has no
officers of its own, such powers may be exercised in its
behalf by the officer or officers, board, council or commission having the power to contract in behalf of such district
or to levy special assessments or special taxes within such
district. [1935 c 143 § 4; RRS § 5608-4.]
(2002 Ed.)
Chapter 39.64
39.64.040 Petition in bankruptcy. Any taxing
district in the state of Washington is hereby authorized to
file the petition mentioned in section 80 of chapter IX of the
federal bankruptcy act. [1935 c 143 § 5; RRS § 5608-5.]
39.64.050 Resolution of authorization. Before the
filing of any petition referred to in RCW 39.64.040, such
taxing district shall adopt a resolution authorizing the filing
thereof and authorizing its duly and regularly elected or
appointed attorney or special counsel duly appointed for such
purpose to file the same and to represent it in the proceedings with respect thereto in the competent United States
district court. [1935 c 143 § 6; RRS § 5608-6.]
39.64.060 Resolution consenting to readjustment.
No final decree or order of such United States district court
confirming a plan of readjustment shall be effective for the
purpose of binding such taxing district unless and until such
taxing district files with such court a certified copy of a
resolution of such taxing district, adopted by it or by the
officer or officers, board, council or commission referred to
in RCW 39.64.030, consenting to the plan of readjustment
set forth or referred to in such final decree or order. [1935
c 143 § 7; RRS § 5608-7.]
39.64.070 Plan of readjustment. Such taxing district
is hereby authorized and empowered to take any and all
action necessary to carry out any plan of readjustment
contemplated in said petition, or as the same may be
modified from time to time, notwithstanding any other
provisions of law. In case of the refunding of debts of irrigation districts, diking or drainage improvement districts,
general debts of cities, or debts of other taxing districts for
the refunding of which provision is already made under
existing statutes, such refunding shall be had and done as
provided for in such existing statutes, except that the tenor
and character of the refunding bonds and the assessments
levied to meet such bonds may be modified to conform to
the capacity of the taxing district, or the individual lots,
tracts, or parcels of real property therein, to meet and carry
the charges, both direct and contingent, against them, as
found and set forth in the plan of readjustment and decree of
court; and except also as such existing provisions of law
may be otherwise supplemented by such plan of readjustment or the provisions of this chapter. [1935 c 143 § 8;
RRS § 5608-8.]
39.64.080 Powers under plan of readjustment. Such
taxing district shall have power to consummate the plan of
readjustment, as adopted by the court’s decree and approved
by it as aforesaid, and if such plan, as approved by such
decree, so requires, may, for such purpose, exercise any of
the following powers:
(1) Cancel in whole or in part any assessments or any
interest or penalties assessed thereon which may be outstanding and a lien upon any property in such taxing district, as
and when such assessments are replaced by the readjusted or
revised assessments provided for in the plan of readjustment
approved by such decree.
(2) Issue refunding bonds to refund bonds theretofore
issued by such taxing district. Such refunding bonds shall
[Title 39 RCW—page 79]
39.64.080
Title 39 RCW: Public Contracts and Indebtedness
have such denominations, rates of interest and maturities as
shall be provided in such plan of readjustment and shall be
payable by special assessments or by general taxes, according to the nature of the taxing district, in the manner
provided in such plan of readjustment and decree.
(3) Apportion and levy new assessments or taxes
appropriate in time or times of payment to provide funds for
the payment of principal and interest of such refunding
bonds, and of all expenses incurred by such taxing district in
filing the petition mentioned in RCW 39.64.040, and any and
all other expenses necessary or incidental to the consummation of the plan of readjustment.
In the case of special assessment districts for the
refunding of whose debts no procedure is provided by
existing laws, such assessments shall be equitably apportioned and levied upon each lot, tract or parcel of real
property within such taxing district, due consideration being
given to the relative extent to which the original apportionments upon the various lots, tracts or parcels of real property
within such taxing district have already been paid and due
consideration also being given to the capacity of the respective lots, tracts or parcels of real property to carry such
charges against them. Before levying or apportioning such
assessment such taxing district or the officer or officers,
board, council or commission mentioned in RCW 39.64.030
shall hold a hearing with reference thereto, notice of which
hearing shall be published once a week for four consecutive
weeks in the newspaper designated for the publication of
legal notices by the legislative body of the city or town, or
by the board of county commissioners of the county within
which such taxing district or any part thereof is located, or
in any newspaper published in the city, town or county
within which such taxing district or any part thereof is
located and of general circulation within such taxing district.
At such hearing every owner of real property within such
taxing district shall be given an opportunity to be heard with
respect to the apportionment and levy of such assessment.
(4) In the case of special assessment districts, of cities
or towns, provide that if any of the real property within such
taxing district shall not, on foreclosure of the lien of such
new assessment for delinquent assessments and penalties and
interest thereon, be sold for a sufficient amount to pay such
delinquent assessments, penalties and interest, or if any real
property assessed was not subject to assessment, or if any
assessment or installment or installments thereof shall have
been eliminated by foreclosure of a tax lien or made void in
any other manner, such taxing district shall cause a supplemental assessment sufficient in amount to make up such
deficiency to be made on the real property within such
taxing district, including real property upon which any such
assessment or any installment or installments thereof shall
have been so eliminated or made void. Such supplemental
assessment shall be apportioned to the various lots, tracts
and parcels of real property within such taxing district in
proportion to the amounts apportioned thereto in the assessment originally made under such plan of readjustment.
(5) Provide that refunding bonds may, at the option of
the holders thereof, be converted into warrants of such
denominations and bearing such rate of interest as may be
provided in the plan of readjustment, and that the new
assessments mentioned in subdivision (3) and the supplemental assessments mentioned in subdivision (4) of this section
[Title 39 RCW—page 80]
may be paid in refunding bonds or warrants of such taxing
district without regard to the serial numbers thereof, or in
money, at the option of the person paying such assessments,
such refunding bonds and warrants to be received at their par
value in payment of such assessments. In such case such
refunding bonds and warrants shall bear the following
legend: "This bond (or warrant) shall be accepted at its face
value in payment of assessments (including interest and
penalties thereon) levied to pay the principal and interest of
the series of bonds and warrants of which this bond (or
warrant) is one without regard to the serial number appearing
upon the face hereof."
(6) Provide that all sums of money already paid to the
treasurer of such taxing district or other authorized officer in
payment, in whole or in part, of any assessment levied by or
for such taxing district or of interest or penalties thereon,
shall be transferred by such treasurer or other authorized
officer to a new account and made applicable to the payment
of refunding bonds and warrants to be issued under such
plan of readjustment.
(7) Provide that such treasurer or other authorized
officer shall have authority to use funds in his possession not
required for payment of current interest of such bonds and
warrants, to buy such bonds and warrants in the open market
through tenders or by call at the lowest prices obtainable at
or below par and accrued interest, without preference of one
bond or warrant over another because of its serial number,
or for any other cause other than the date and hour of such
tender or other offer and the amount which the owner of
such bond or warrant agrees to accept for it. In such case
such refunding bonds and warrants shall bear the following
legend: "This bond (or warrant) may be retired by tender or
by call without regard to the serial number appearing upon
the face hereof."
(8) Provide that if, after the payment of all interest on
refunding bonds and warrants issued under any plan of
readjustment adopted pursuant to this chapter and chapter IX
of the federal bankruptcy act and the retirement of such
bonds and warrants, there shall be remaining in the hands of
the treasurer or other authorized officer of the taxing district
which issued such bonds and warrants money applicable
under the provisions of this chapter to the payment of such
interest, bonds and warrants, such money shall be applied by
such treasurer or other authorized officer to the maintenance,
repair and replacement of the improvements originally
financed by the bonds readjusted under this chapter and the
federal bankruptcy act.
(9) The above enumeration of powers shall not be
deemed to exclude powers not herein mentioned that may be
necessary for or incidental to the accomplishment of the
purposes hereof. [1935 c 143 § 9; RRS § 5608-9.]
39.64.085 Authority of operating agencies to levy
taxes. Nothing in this chapter may be deemed to grant to
any operating agency organized under chapter 43.52 RCW,
or a project of any such operating agency, the authority to
levy any tax or assessment not otherwise authorized by law.
[1983 2nd ex.s. c 3 § 54.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
(2002 Ed.)
Taxing District Relief
39.64.090 Validation of prior bankruptcy proceedings. In the event that any taxing district in the state of
Washington, before this chapter takes effect, shall have filed
or purported or attempted to file a petition under the provisions of chapter IX of the federal bankruptcy act, or shall
have taken or purported or attempted to take any other
proceedings under or in contemplation of proceedings under
the provisions of said chapter IX, then and in every such
case all acts and proceedings of such taxing district, in
connection with such petition or proceedings, are hereby, to
all intents and purposes, declared as legal and valid as
though taken after the *effective date of this chapter. [1935
c 143 § 10; RRS § 5608-10.]
*Reviser’s note: The "effective date of this chapter" was March 21,
1935.
39.64.900 Construction—Severability—1935 c 143.
This chapter and all its provisions shall be liberally construed to the end that the purposes hereof may be made
effective. If any section, part or provision of this chapter
shall be adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the chapter as a
whole, or of any section, provision or part thereof not
adjudged invalid or unconstitutional. [1935 c 143 § 11; RRS
§ 5608-11.]
Chapter 39.67
AGREEMENTS BETWEEN TAXING DISTRICTS
Sections
39.67.010
39.67.020
Agreements contingent on property tax levy—Authorized.
Transfer of funds between taxing districts.
39.67.010 Agreements contingent on property tax
levy—Authorized. Any agreement or contract between two
taxing districts other than the state which is otherwise
authorized by law may be made contingent upon a particular
property tax levy rate of an identified taxing district other
than the state where such rate affects the regular property tax
rate of one of the parties to the contract and therefore affects
the party’s resources with which to perform under the
contract. The governing body of every taxing district that
could have its tax levy adversely affected by such a contract
shall be notified about the contract. [1988 c 274 § 2; 1986
c 107 § 1.]
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Severability—1986 c 107: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 107 § 5.]
Construction—1986 c 107 §§ 1 and 2: "Sections 1 and 2 of this act
are supplementary and in addition to any other authority granted by law and
shall not be construed to limit any other law." [1986 c 107 § 6.]
39.67.020 Transfer of funds between taxing districts. Any taxing district other than the state may transfer
funds to another taxing district other than the state where the
regular property tax levy rate of the second district may
affect the regular property tax levy rate of the first district
and where such transfer is part of an agreement whereby
proration or reduction of property taxes is lessened or
(2002 Ed.)
39.64.090
avoided. The governing body of every taxing district that
could have its tax levy adversely affected by such an
agreement shall be notified about the agreement. [1988 c
274 § 3; 1986 c 107 § 2.]
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Severability—Construction—1986 c 107: See notes following RCW
39.67.010.
Chapter 39.69
PUBLIC LOANS TO MUNICIPAL CORPORATIONS
Sections
39.69.010
39.69.020
39.69.030
39.69.040
"Municipal corporation" defined.
Loan agreements.
Application of constitutional debt limitations.
Chapter supplemental.
39.69.010 "Municipal corporation" defined. As
used in this chapter, "municipal corporation" includes
counties, cities, towns, port districts, water-sewer districts,
school districts, metropolitan park districts, or such other
units of local government which are authorized to issue
obligations. [1999 c 153 § 53; 1987 c 19 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
39.69.020 Loan agreements. Any municipal corporation may enter into a loan agreement containing the terms
and conditions of a loan from an agency of the state of
Washington or the United States of America and evidencing
the obligation of the municipal corporation to repay that loan
under the terms and conditions set forth in the loan agreement. A loan agreement may provide that the municipal
corporation will repay the loan solely from revenues set
aside into a special fund for repayment of that loan. In the
case of a municipal corporation authorized to borrow money
payable from taxes, and authorized to levy such taxes, the
loan agreement may provide that repayment of the loan is a
general obligation of the municipal corporation, or both a
general obligation and an obligation payable from revenues
set aside into a special fund.
The state or federal agency making the loan shall have
such rights of recovery in the event of default in payment or
other breach of the loan agreement as may be provided in
the loan agreement or otherwise by law. [1987 c 19 § 2.]
39.69.030 Application of constitutional debt limitations. Nothing in this chapter authorizes municipal corporations to incur indebtedness beyond constitutional indebtedness limitations. [1987 c 19 § 3.]
39.69.040 Chapter supplemental. The authority
under this chapter is supplemental and in addition to the
authority to issue obligations under any other provision of
law. [1987 c 19 § 4.]
[Title 39 RCW—page 81]
Chapter 39.72
Title 39 RCW: Public Contracts and Indebtedness
Chapter 39.72
LOST OR DESTROYED EVIDENCE
OF INDEBTEDNESS
Sections
39.72.010
39.72.020
Local government indebtedness—Issuance of duplicate instrument.
Local government indebtedness—Records to be kept—
Cancellation of originals.
39.72.010 Local government indebtedness—Issuance
of duplicate instrument. In case of the loss or destruction
of a warrant for the payment of money, or any bond or other
instrument or evidence of indebtedness, issued by any
county, city or town, district or other political subdivision or
municipal corporation of the state of Washington, hereinafter
referred to as a municipal corporation, or by any department
or agency of such municipal corporation, such municipal
corporation may cause a duplicate to be issued in lieu
thereof, subject to the same requirements and conditions, and
according to the same procedure, as prescribed for the
issuance of duplicate state instruments in RCW 43.08.064
and 43.08.066 as now or hereafter amended: PROVIDED,
That the requirements of *RCW 43.08.066(2) shall not be
applicable to instruments received by employees of the
above issuers for the payment of salary or wages or as other
compensation for work performed nor shall those requirements be applicable to instruments received by former
employees or their beneficiaries for the payment of pension
benefits. [1975-’76 2nd ex.s. c 77 § 1; 1965 ex.s. c 61 § 4.]
*Reviser’s note: Subsection (2) of RCW 43.08.066 was removed by
chapter 71, Laws of 1979 ex. sess.
Lost or destroyed evidence of indebtedness issued by state: RCW 43.08.064
through 43.08.068.
39.72.020 Local government indebtedness—Records
to be kept—Cancellation of originals. When a municipal
corporation issues a duplicate instrument, as authorized in
this chapter, the issuing officer of such municipal corporation shall keep a full and complete record of all warrants,
bonds or other instruments alleged to have been lost or
destroyed, which were issued by such municipal corporation,
and of the issue of any duplicate therefor; and upon the
issuance of any duplicate such officer shall enter upon his
books the cancellation of the original instrument and
immediately notify the treasurer of the county, city or other
municipal corporation, the state auditor, and all trustees and
paying agencies authorized to redeem such instruments on
behalf of the municipal corporation, of such cancellation.
The treasurer shall keep a similar list of all warrants, bonds
or other instruments so canceled. [1965 ex.s. c 61 § 5.]
Chapter 39.76
INTEREST ON UNPAID PUBLIC CONTRACTS
Sections
39.76.010
39.76.011
39.76.020
39.76.030
Interest on unpaid public contracts—Timely payment.
Interest on unpaid public contracts—When payment is considered to be made.
Interest on unpaid public contracts—Exceptions.
Penalties by state agencies to be paid from administrative
funds.
[Title 39 RCW—page 82]
39.76.040
Interest on unpaid public contracts—Attorney fees.
39.76.010 Interest on unpaid public contracts—
T i m e l y p a y m e n t . (1) Except as provided in RCW
39.76.020, every state agency and unit of local government
shall pay interest at the rate of one percent per month, but at
least one dollar per month, on amounts due on written
contracts for public works, personal services, goods and services, equipment, and travel, whenever the state agency or
unit of local government fails to make timely payment.
(2) For purposes of this section, payment shall be timely
if:
(a) A check or warrant is mailed or is available on the
date specified for the amount specified in the applicable
contract documents or, if no date is specified, within thirty
days of receipt of a properly completed invoice or receipt of
goods or services, whichever is later.
(b) For any amount which is required to be withheld
under state or federal law, a check or warrant is mailed or is
available in the proper amount on the date the amount may
be released under the applicable law. [1981 c 68 § 1.]
Application—1992 c 223: See RCW 39.04.901.
39.76.011 Interest on unpaid public contracts—
When payment is considered to be made. (1) Except as
provided in RCW 39.76.020, every state agency, county,
city, town, school district, board, commission, or any other
public body shall pay interest at a rate of one percent per
month, but at least one dollar per month, on amounts due on
written contracts for public works, personal services, goods
and services, equipment, and travel, whenever the public
body fails to make timely payment.
(2) For purposes of this section, payment shall be timely
if:
(a) Except as provided otherwise in this subsection, a
check or warrant is mailed or is available on the date
specified for the amount specified in the applicable contract
documents but not later than thirty days of receipt of a
properly completed invoice or receipt of goods or services,
whichever is later. If a contract is funded by grant or
federal money, the public body shall pay the prime contractor for satisfactory performance within thirty calendar days
of the date the public body receives a payment request that
complies with the contract or within thirty calendar days of
the date the public body actually receives the grant or federal
money, whichever is later.
(b) On written contracts for public works, when part or
all of a payment is going to be withheld for unsatisfactory
performance or if the payment request made does not
comply with the requirements of the contract, the public
body shall notify the prime contractor in writing within eight
working days after receipt of the payment request stating
specifically why part or all of the payment is being withheld
and what remedial actions must be taken by the prime
contractor to receive the withheld amount.
(c) If the notification by the public body required by (b)
of this subsection does not comply with the notice contents
required under (b) of this subsection, the public body shall
pay the interest under subsection (1) of this section from the
ninth working day after receipt of the initial payment request
(2002 Ed.)
Interest on Unpaid Public Contracts
39.76.011
until the contractor receives notice that does comply with the
notice contents required under (b) of this subsection.
(d) If part or all of a payment is withheld under (b) of
this subsection, the public body shall pay the withheld
amount within thirty calendar days after the prime contractor
satisfactorily completes the remedial actions identified in the
notice. If the withheld amount is not paid within the thirty
calendar days, the public body shall pay interest under
subsection (1) of this section from the thirty-first calendar
day until the date paid.
(e)(i) If the prime contractor on a public works contract,
after making a request for payment to the public body but
before paying a subcontractor for the subcontractor’s
performance covered by the payment request, discovers that
part or all of the payment otherwise due to the subcontractor
is subject to withholding from the subcontractor under the
subcontract for unsatisfactory performance, the prime
contractor may withhold the amount as allowed under the
subcontract. If the prime contractor withholds an amount
under this subsection, the prime contractor shall:
(A) Give the subcontractor notice of the remedial
actions that must be taken as soon as practicable after
determining the cause for the withholding but before the due
date for the subcontractor payment;
(B) Give the contracting officer of the public body a
copy of the notice furnished to the subcontractor under
(e)(i)(A) of this subsection; and
(C) Pay the subcontractor within eight working days
after the subcontractor satisfactorily completes the remedial
action identified in the notice.
(ii) If the prime contractor does not comply with the
notice and payment requirements of (e)(i) of this subsection,
the contractor shall pay the subcontractor interest on the
withheld amount from the eighth working day at an interest
rate that is equal to the amount set forth in subsection (1) of
this section.
(3) For the purposes of this section:
(a) A payment is considered to be made when mailed or
personally delivered to the party being paid.
(b) An invoice is considered to be received when it is
date-stamped or otherwise marked as delivered. If the
invoice is not date-stamped or otherwise marked as delivered, the date of the invoice is considered to be the date
when the invoice is received. [1992 c 223 § 1.]
(c) Sent in accordance with procedures in the contract;
(5) Delinquencies due to natural disasters, disruptions in
postal or delivery service, work stoppages due to labor
disputes, power failures, or any other cause resulting from
circumstances clearly beyond the control of the unit of local
government or state agency;
(6) Contracts entered before July 26, 1981; and
(7) Payment from any retirement system listed in RCW
41.50.030 and chapter 41.24 RCW. [1981 c 68 § 2.]
Effective date—1992 c 223: "This act shall take effect September 1,
1992." [1992 c 223 § 9.]
Waiver of rights, construction—Application—1992 c 223: See
RCW 39.04.900 and 39.04.901.
39.80.010 Legislative declaration. The legislature
hereby establishes a state policy, to the extent provided in
this chapter, that governmental agencies publicly announce
requirements for architectural and engineering services, and
negotiate contracts for architectural and engineering services
on the basis of demonstrated competence and qualification
for the type of professional services required and at fair and
reasonable prices. [1981 c 61 § 1.]
39.76.020 Interest on unpaid public contracts—
Exceptions. RCW 39.76.010 does not apply to the following:
(1) Interagency or intergovernmental transactions;
(2) Amounts payable to employees or prospective
employees of state agencies or local governmental units as
reimbursement for expenses;
(3) Belated claims for any time of delinquency after
July 31 following the second year of the fiscal biennium;
(4) Claims subject to a good faith dispute, when before
the date of timely payment, notice of the dispute is:
(a) Sent by certified mail;
(b) Personally delivered; or
(2002 Ed.)
39.76.030 Penalties by state agencies to be paid
from administrative funds. Any state agency required to
pay late payment penalties under this chapter shall pay the
penalties from funds designated for administrative costs of
the agency receiving the public works, personal services,
goods and services, equipment, or travel and shall not be
paid from funds appropriated for client services. [1981 c 68
§ 3.]
39.76.040 Interest on unpaid public contracts—
Attorney fees. In any action brought to collect interest due
under this chapter, the prevailing party is entitled to an
award of reasonable attorney fees. [1981 c 68 § 4.]
Chapter 39.80
CONTRACTS FOR ARCHITECTURAL AND
ENGINEERING SERVICES
Sections
39.80.010
39.80.020
39.80.030
39.80.040
39.80.050
39.80.060
39.80.070
39.80.900
39.80.910
Legislative declaration.
Definitions.
Agency’s requirement for professional services—Advance
publication.
Procurement of architectural and engineering services—
Submission of statement of qualifications and performance data—Participation by minority and womenowned firms.
Procurement of architectural and engineering services—
Contract negotiations.
Procurement of architectural and engineering services—
Exception for emergency work.
Contracts, modifications reported to the office of financial
management.
Savings.
Severability—1981 c 61.
Effective date—1981 c 61: "This act shall take effect on January 1,
1982." [1981 c 61 § 9.]
39.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "State agency" means any department, agency,
commission, bureau, office, or any other entity or authority
of the state government.
[Title 39 RCW—page 83]
39.80.020
Title 39 RCW: Public Contracts and Indebtedness
(2) "Local agency" means any city and any town,
county, special district, municipal corporation, agency, port
district or authority, or political subdivision of any type, or
any other entity or authority of local government in corporate form or otherwise.
(3) "Special district" means a local unit of government,
other than a city, town, or county, authorized by law to
perform a single function or a limited number of functions,
and including but not limited to, water-sewer districts,
irrigation districts, fire districts, school districts, community
college districts, hospital districts, transportation districts, and
metropolitan municipal corporations organized under chapter
35.58 RCW.
(4) "Agency" means both state and local agencies and
special districts as defined in subsections (1), (2), and (3) of
this section.
(5) "Architectural and engineering services" or "professional services" means professional services rendered by any
person, other than as an employee of the agency, contracting
to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or
18.96 RCW.
(6) "Person" means any individual, organization, group,
association, partnership, firm, joint venture, corporation, or
any combination thereof.
(7) "Consultant" means any person providing professional services who is not an employee of the agency for which
the services are provided.
(8) "Application" means a completed statement of
qualifications together with a request to be considered for the
award of one or more contracts for professional services.
[1999 c 153 § 55; 1981 c 61 § 2.]
with one or more firms regarding anticipated concepts and
the relative utility of alternative methods of approach for
furnishing the required services and then shall select therefrom, based upon criteria established by the agency, the firm
deemed to be the most highly qualified to provide the
services required for the proposed project. Such agency
procedures and guidelines shall include a plan to insure that
minority and women-owned firms are afforded the maximum
practicable opportunity to compete for and obtain public contracts for services. The level of participation by minority
and women-owned firms shall be consistent with their
general availability within the professional communities
involved. [1981 c 61 § 4.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—1981 c 61: See note following RCW 39.80.010.
39.80.060 Procurement of architectural and engineering services—Exception for emergency work. (1)
This chapter need not be complied with by any agency when
the contracting authority makes a finding in accordance with
this or any other applicable law that an emergency requires
the immediate execution of the work involved.
(2) Nothing in this chapter shall relieve the contracting
authority from complying with applicable law limiting
emergency expenditures. [1981 c 61 § 6.]
39.80.030 Agency’s requirement for professional
services—Advance publication. Each agency shall publish
in advance that agency’s requirement for professional
services. The announcement shall state concisely the general
scope and nature of the project or work for which the
services are required and the address of a representative of
the agency who can provide further details. An agency may
comply with this section by: (1) Publishing an announcement on each occasion when professional services provided
by a consultant are required by the agency; or (2) announcing generally to the public its projected requirements for any
category or type of professional services. [1981 c 61 § 3.]
Effective date—1981 c 61: See note following RCW 39.80.010.
39.80.040 Procurement of architectural and engineering services—Submission of statement of qualifications and performance data—Participation by minority
and women-owned firms. In the procurement of architectural and engineering services, the agency shall encourage
firms engaged in the lawful practice of their profession to
submit annually a statement of qualifications and performance data. The agency shall evaluate current statements of
qualifications and performance data on file with the agency,
together with those that may be submitted by other firms
regarding the proposed project, and shall conduct discussions
[Title 39 RCW—page 84]
Effective date—1981 c 61: See note following RCW 39.80.010.
39.80.050 Procurement of architectural and engineering services—Contract negotiations. (1) The agency
shall negotiate a contract with the most qualified firm for
architectural and engineering services at a price which the
agency determines is fair and reasonable to the agency. In
making its determination, the agency shall take into account
the estimated value of the services to be rendered as well as
the scope, complexity, and professional nature thereof.
(2) If the agency is unable to negotiate a satisfactory
contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm
shall be formally terminated and the agency shall select other
firms in accordance with RCW 39.80.040 and continue in
accordance with this section until an agreement is reached or
the process is terminated. [1981 c 61 § 5.]
Effective date—1981 c 61: See note following RCW 39.80.010.
Effective date—1981 c 61: See note following RCW 39.80.010.
39.80.070 Contracts, modifications reported to the
office of financial management. Contracts entered into by
any state agency for architectural and engineering services,
and modifications thereto, shall be reported to the office of
financial management on a quarterly basis, in such form as
the office of financial management prescribes. [1993 c 433
§ 9.]
39.80.900 Savings. Nothing in this chapter shall
affect the validity or effect of any contract in existence on
January 1, 1982. [1981 c 61 § 7.]
Effective date—1981 c 61: See note following RCW 39.80.010.
39.80.910 Severability—1981 c 61. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
(2002 Ed.)
Contracts for Architectural and Engineering Services
the provision to other persons or circumstances is not
affected. [1981 c 61 § 8.]
Effective date—1981 c 61: See note following RCW 39.80.010.
Chapter 39.84
INDUSTRIAL DEVELOPMENT REVENUE BONDS
Sections
39.84.010
39.84.020
39.84.030
39.84.040
39.84.050
39.84.060
39.84.070
39.84.080
39.84.090
Finding and declaration of necessity.
Definitions.
Public corporations—Creation, dissolution.
Board of directors of public corporation.
Public corporations—Directors—Conflicts of interest.
Public corporations—Limitations.
Public corporations—Audit by state.
Public corporations—Powers.
Reporting to the department of community, trade, and economic development.
39.84.100 Revenue bonds—Provisions.
39.84.110 Revenue bonds—Refunding.
39.84.120 Trust agreements.
39.84.130 Commingling of bond proceeds or revenues with municipal
funds prohibited—Exception.
39.84.140 Subleases and assignments.
39.84.150 Determination of rent.
39.84.160 Proceedings in the event of default.
39.84.170 Implementation of economic development programs by port
district—Use of nonprofit corporations—Transfer of
funds.
39.84.200 Authority of community economic revitalization board under
this chapter.
39.84.900 Construction—Supplemental nature of chapter.
39.84.910 Captions not part of law.
39.84.920 Severability—1981 c 300.
Special revenue financing: State Constitution Art. 33 § 1.
39.84.010 Finding and declaration of necessity. The
legislature hereby finds and declares that this state urgently
needs to do the following: Promote higher employment;
encourage the development of new jobs; maintain and
supplement the capital investments in industry that currently
exist in this state; encourage future employment by ensuring
future capital investment; attract environmentally sound industry to the state; protect and enhance the quality of natural
resources and the environment; and promote the production
and conservation of energy. [1981 c 300 § 1.]
39.84.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Board of directors" means the board of directors of
a public corporation.
(2) "Construction" or "construct" means construction and
acquisition, whether by devise, purchase, gift, lease, or otherwise.
(3) "Facilities" means land, rights in land, buildings,
structures, docks, wharves, machinery, transmission equipment, public broadcast equipment, landscaping, utilities,
approaches, roadways and parking, handling and storage areas, and similar ancillary facilities.
(4) "Financing document" means a lease, sublease,
installment sale agreement, conditional sale agreement, loan
agreement, mortgage, deed of trust guaranty agreement, or
other agreement for the purpose of providing funds to pay or
secure debt service on revenue bonds.
(2002 Ed.)
39.80.910
(5) "Improvement" means reconstruction, remodeling,
rehabilitation, extension, and enlargement; and "to improve"
means to reconstruct, to remodel, to rehabilitate, to extend,
and to enlarge.
(6) "Industrial development facilities" means manufacturing, processing, research, production, assembly, warehousing, transportation, public broadcasting, pollution control,
solid waste disposal, energy facilities, sports facilities,
parking facilities associated with industrial development
facilities as defined in this section or with historic properties
as defined in RCW 84.26.020 and industrial parks. For the
purposes of this section, the term "sports facilities" shall not
include facilities which are constructed for use by members
of a private club or as integral or subordinate parts of a hotel
or motel, or which are not available on a regular basis for
general public use.
(7) "Industrial park" means acquisition and development
of land as the site for an industrial park. For the purposes
of this chapter, "development of land" includes the provision
of water, sewage, drainage, or similar facilities, or of
transportation, energy, or communication facilities, which are
incidental to the use of the site as an industrial park, but
does not include the provision of structures or buildings.
(8) "Municipality" means a city, town, county, or port
district of this state.
(9) "Ordinance" means any appropriate method of taking
official action or adopting a legislative decision by any
municipality, whether known as a resolution, ordinance, or
otherwise.
(10) "Project costs" means costs of (a) acquisition,
construction, and improvement of any facilities included in
an industrial development facility; (b) architectural, engineering, consulting, accounting, and legal costs related directly
to the development, financing, and construction of an
industrial development facility, including costs of studies
assessing the feasibility of an industrial development facility;
(c) finance costs, including discounts, if any, the costs of
issuing revenue bonds, and costs incurred in carrying out any
trust agreement; (d) interest during construction and during
the six months after estimated completion of construction,
and capitalized debt service or repair and replacement or
other appropriate reserves; (e) the refunding of any outstanding obligations incurred for any of the costs outlined in this
subsection; and (f) other costs incidental to any of the costs
listed in this section.
(11) "Revenue bond" means a nonrecourse revenue
bond, nonrecourse revenue note, or other nonrecourse
revenue obligation issued for the purpose of financing an
industrial development facility on an interim or permanent
basis.
(12) "User" means one or more persons acting as lessee,
purchaser, mortgagor, or borrower under a financing document and may include a party who transfers the right of use
and occupancy to another party by lease, sublease, or
otherwise. [1986 c 309 § 1; 1986 c 308 § 2; 1985 c 439 §
1; 1983 1st ex.s. c 51 § 1; 1981 c 300 § 2.]
Reviser’s note: This section was amended by 1986 c 308 § 2 and by
1986 c 309 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1986 c 308: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 39 RCW—page 85]
39.84.020
Title 39 RCW: Public Contracts and Indebtedness
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 308 § 3.]
39.84.030 Public corporations—Creation, dissolution. (1) For the purpose of facilitating economic development and employment opportunities in the state of Washington through the financing of the project costs of industrial
development facilities, a municipality may enact an ordinance creating a public corporation for the purposes authorized in this chapter. The ordinance creating the public corporation shall approve a charter for the public corporation
containing such provisions as are authorized by and not in
conflict with this chapter. Any charter issued under this
chapter shall contain in substance the limitations set forth in
RCW 39.84.060. In any suit, action, or proceeding involving
the validity or enforcement of or relating to any contract of
the public corporation, the public corporation is conclusively
presumed to be established and authorized to transact
business and exercise its powers under this chapter upon
proof of the adoption of the ordinance creating the public
corporation by the governing body. A copy of the ordinance
duly certified by the clerk of the governing body of the
municipality shall be admissible in evidence in any suit, action, or proceeding.
(2) A public corporation created by a municipality
pursuant to this chapter may be dissolved by the municipality if the public corporation: (a) Has no property to administer, other than funds or property, if any, to be paid or
transferred to the municipality by which it was established;
and (b) all its outstanding obligations have been satisfied.
Such a dissolution shall be accomplished by the governing
body of the municipality adopting an ordinance providing for
the dissolution.
(3) The creating municipality may, at its discretion and
at any time, alter or change the structure, organizational
programs, or activities of a public corporation, including
termination of the public corporation if contracts entered into
by the public corporation are not impaired. Any net earnings
of a public corporation, beyond those necessary for retirement of indebtedness incurred by it, shall not inure to the
benefit of any person other than the creating municipality.
Upon dissolution of a public corporation, title to all property
owned by the public corporation shall vest in the municipality. [1981 c 300 § 3.]
39.84.040 Board of directors of public corporation.
The ordinance creating a public corporation shall include
provisions establishing a board of directors to govern the
affairs of the public corporation, what constitutes a quorum
of the board of directors, and how the public corporation
shall conduct its affairs. [1981 c 300 § 4.]
39.84.050 Public corporations—Directors—Conflicts
of interest. It shall be illegal for a director, officer, agent,
or employee of a public corporation to have, directly or
indirectly, any financial interest in any property to be
included in or any contract for property, services, or materials to be furnished or used in connection with any industrial
development facility financed through the public corporation.
Violation of any provision of this section is a gross misdemeanor. [1981 c 300 § 5.]
[Title 39 RCW—page 86]
39.84.060 Public corporations—Limitations. No
municipality may give or lend any money or property in aid
of a public corporation. The municipality that creates a
public corporation shall annually review any financial
statements of the public corporation and at all times shall
have access to the books and records of the public corporation. No public corporation may issue revenue obligations
under this chapter except upon the approval of both the municipality under the auspices of which it was created and the
county, city, or town within whose planning jurisdiction the
proposed industrial development facility lies. No revenue
bonds may be issued pursuant to this chapter unless the
board of directors of the public corporation proposing to
issue revenue bonds makes a finding that in its opinion the
interest paid on the bonds will be exempt from income
taxation by the federal government. Revenue bonds issued
by a public corporation under this chapter shall not be
considered to constitute a debt of the state, of the municipality, or of any other municipal corporation, quasi municipal
corporation, subdivision, or agency of this state or to pledge
any or all of the faith and credit of any of these entities.
The revenue bonds shall be payable solely from both the
revenues derived as a result of the industrial development
facilities funded by the revenue bonds, including, without
limitation, amounts received under the terms of any financing document or by reason of any additional security
furnished by the user of the industrial development facility
in connection with the financing thereof, and money and
other property received from private sources. Each revenue
bond shall contain on its face statements to the effect that:
(1) Neither the state, the municipality, or any other municipal corporation, quasi municipal corporation, subdivision, or
agency of the state is obligated to pay the principal or the
interest thereon; (2) no tax funds or governmental revenue
may be used to pay the principal or interest thereon; and (3)
neither any or all of the faith and credit nor the taxing power
of the state, the municipality, or any other municipal
corporation, quasi municipal corporation, subdivision, or
agency thereof is pledged to the payment of the principal of
or the interest on the revenue bond. A public corporation
may incur only those financial obligations which will be paid
from revenues received pursuant to financing documents,
from fees or charges paid by users or prospective users of
the industrial development facilities funded by the revenue
bonds, or from the proceeds of revenue bonds. A public
corporation established under the terms of this chapter
constitutes an authority and an instrumentality (within the
meaning of those terms in the regulations of the United
States treasury and the rulings of the Internal Revenue
Service prescribed pursuant to section 103 of the Internal
Revenue Code of 1954, as amended) and may act on behalf
of the municipality under whose auspices it is created for the
specific public purposes authorized by this chapter. The
public corporation is not a municipal corporation within the
meaning of the state Constitution and the laws of the state,
or a political subdivision within the meaning of the state
Constitution and the laws of the state, including without
limitation, Article VIII, section 7, of the Washington state
Constitution. A municipality shall not delegate to a public
corporation any of the municipality’s attributes of sovereignty, including, without limitation, the power to tax, the power
of eminent domain, and the police power. [1981 c 300 § 6.]
(2002 Ed.)
Industrial Development Revenue Bonds
39.84.070 Public corporations—Audit by state. The
finances of any public corporation are subject to examination
by the state auditor’s office pursuant to RCW 43.09.260.
[1981 c 300 § 7.]
39.84.080 Public corporations—Powers. (1) A
public corporation created under this chapter has the following powers with respect to industrial development facilities
together with all powers incidental thereto or necessary for
the performance thereof:
(a) To construct and maintain one or more industrial
development facilities;
(b) To lease to a lessee all or any part of any industrial
development facility for such rentals and upon such terms
and conditions, including options to purchase, as its board of
directors considers advisable and not in conflict with this
chapter;
(c) To sell by installment contract or otherwise and
convey all or any part of any industrial development facility
for such purchase price and upon such terms and conditions
as its board of directors considers advisable which are not in
conflict with this chapter;
(d) To make secured loans for the purpose of providing
temporary or permanent financing or refinancing of all or
part of the project cost of any industrial development facility,
including the refunding of any outstanding obligations,
mortgages, or advances issued, made, or given by any person
for the project costs; and to charge and collect interest on the
loans for the loan payments upon such terms and conditions
as its board of directors considers advisable which are not in
conflict with this chapter;
(e) To issue revenue bonds for the purpose of financing
all or part of the project cost of any industrial development
facility and to secure the payment of the revenue bonds as
provided in this chapter;
(f) As security for the payment of the principal of and
interest on any revenue bonds issued and any agreements
made in connection therewith, to mortgage, pledge, or
otherwise encumber any or all of its industrial development
facilities or any part or parts thereof, whether then owned or
thereafter acquired, and to assign any mortgage and repledge
any security conveyed to the public corporation, to secure
any loan made by the public corporation and to pledge the
revenues and receipts therefrom;
(g) To sue and be sued, complain, and defend in its
corporate name;
(h) To make contracts and to execute all instruments
necessary or convenient for the carrying out of its business;
(i) To have a corporate seal and to use the same by
causing it, or a facsimile thereof, to be impressed or affixed
or in any other manner reproduced;
(j) Subject to the limitations of RCW 39.84.060, to
borrow money, accept grants from, or contract with any
local, state, or federal governmental agency or with any
financial, public, or private corporation;
(k) To make and alter bylaws not inconsistent with its
charter for the administration and regulation of the affairs of
the corporation;
(l) To collect fees or charges from users or prospective
users of industrial development facilities to recover actual or
anticipated administrative costs;
(2002 Ed.)
39.84.070
(m) To execute financing documents incidental to the
powers enumerated in this subsection.
(2) No public corporation created under this chapter
may operate any industrial development facility as a business
other than as lessor, seller, or lender. The purchase and
holding of mortgages, deeds of trust, or other security
interests and contracting for any servicing thereof is not
considered the operation of an industrial development
facility.
(3) No public corporation may exercise any of the
powers authorized in this section or issue any revenue bonds
with respect to any industrial development facility unless the
industrial development facility is located wholly within the
boundaries of the municipality under whose auspices the
public corporation is created or unless the industrial development facility comprises energy facilities or solid waste
disposal facilities which provide energy for or dispose of
solid waste from the municipality or the residents thereof.
[1981 c 300 § 8.]
39.84.090 Reporting to the department of community, trade, and economic development. (1) Prior to issuance
of any revenue bonds, each public corporation shall submit
a copy of its enabling ordinance and charter, a description of
any industrial development facility proposed to be undertaken, and the basis for its qualification as an industrial development facility to the department of community, trade, and
economic development.
(2) If the industrial development facility is not eligible
under this chapter, the department of community, trade, and
economic development shall give notice to the public
corporation, in writing and by certified mail, within twelve
working days of receipt of the description.
(3) The department of community, trade, and economic
development shall provide such advice and assistance to
public corporations and municipalities which have created or
may wish to create public corporations as the public corporations or municipalities request and the department of
community, trade, and economic development considers
appropriate. [1998 c 245 § 34; 1995 c 399 § 56; 1987 c 505
§ 22; 1985 c 466 § 46; 1981 c 300 § 9.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Department of community, trade, and economic development: Chapter
43.330 RCW.
39.84.100 Revenue bonds—Provisions. (1) The
principal of and the interest on any revenue bonds issued by
a public corporation shall be payable solely from the funds
provided for this payment from the revenues of the industrial
development facilities funded by the revenue bonds. Each
issue of revenue bonds shall be dated, shall bear interest at
such rate or rates, and shall mature at such time or times as
may be determined by the board of directors, and may be
made redeemable before maturity at such price or prices and
under such terms and conditions as may be fixed by the
board of directors prior to the issuance of the revenue bonds
or other revenue obligations.
(2) The board of directors shall determine the form and
the manner of execution of the revenue bonds and shall fix
the denomination or denominations of the revenue bonds and
[Title 39 RCW—page 87]
39.84.100
Title 39 RCW: Public Contracts and Indebtedness
the place or places of payment of principal and interest. If
any officer whose signature or a facsimile of whose signature appears on any revenue bonds or any coupons ceases to
be an officer before the delivery of the revenue bonds, the
signature shall for all purposes have the same effect as if he
had remained in office until delivery. The revenue bonds
may be issued in coupon or in registered form, as provided
in RCW 39.46.030, or both as the board of directors may
determine, and provisions may be made for the registration
of any coupon revenue bonds as to the principal alone and
also as to both principal and interest and for the reconversion
into coupon bonds of any bonds registered as to both
principal and interest. A public corporation may sell revenue
bonds at public or private sale for such price and bearing
interest at such fixed or variable rate as may be determined
by the board of directors.
(3) The proceeds of the revenue bonds of each issue
shall be used solely for the payment of all or part of the
project cost of or for the making of a loan in the amount of
all or part of the project cost of the industrial development
facility for which authorized and shall be disbursed in such
manner and under such restrictions, if any, provided in the
resolution authorizing the issuance of the revenue bonds or
in the trust agreement securing the bonds. If the proceeds of
the revenue bonds of any series issued with respect to the
cost of any industrial development facility exceeds the cost
of the industrial development facility for which issued, the
surplus shall be deposited to the credit of the debt service
fund for the revenue bonds or used to purchase revenue
bonds in the open market.
(4) A public corporation may issue interim notes in the
manner provided for the issuance of revenue bonds to fund
industrial development facilities prior to issuing other
revenue bonds to fund such facilities. A public corporation
may issue revenue bonds to fund industrial development
facilities that are exchangeable for other revenue bonds when
these other revenue bonds are executed and available for
delivery.
(5) The principal of and interest on any revenue bonds
issued by a public corporation shall be secured by a pledge
of unexpended bond proceeds and the revenues and receipts
received by the public corporation from the industrial
development facilities funded by the revenue bonds pursuant
to financing documents. The resolution under which the
revenue bonds are authorized to be issued and any financing
document may contain agreements and provisions respecting
the maintenance or use of the industrial development facility
covered thereby, the fixing and collection of rents, purchase
price payments or loan payments, the creation and maintenance of special funds from such revenues or from revenue
bond proceeds, the rights and remedies available in the event
of default, and other provisions relating to the security for
the bonds, all as the board of directors consider advisable
which are not in conflict with this chapter.
(6) The governing body of the municipality under whose
auspices the public corporation is created shall approve by
resolution any agreement to issue revenue bonds adopted by
a public corporation, which agreement and resolution shall
set out the amount and purpose of the revenue bonds. Additionally, no issue of revenue bonds, including refunding
bonds, may be sold and delivered by a public corporation
without a resolution of the governing body of the municipali[Title 39 RCW—page 88]
ty under whose auspices the public corporation is created,
adopted no more than sixty days before the date of sale of
the revenue bonds specifically, approving the resolution of
the public corporation providing for the issuance of the
revenue bonds.
(7) All revenue bonds issued under this chapter and any
interest coupons applicable thereto are negotiable instruments
within the meaning of Article 8 of the Uniform Commercial
Code, Title 62A RCW, regardless of form or character.
(8) Notwithstanding subsections (1) and (2) of this
section, such bonds and interim notes may be issued and
sold in accordance with chapter 39.46 RCW. [1983 c 167
§ 115; 1981 c 300 § 10.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
39.84.110 Revenue bonds—Refunding. Each public
corporation may provide by resolution for the issuance of
revenue refunding bonds for the purpose of refunding any
revenue bonds issued for an industrial development facility
under this chapter, including the payment of any redemption
premium thereon and any interest accrued or to accrue to the
date of redemption or maturity of the revenue bonds and, if
considered advisable by the public corporation, for the additional purpose of financing improvements, extensions, or
enlargements to the industrial development facility for
another industrial development facility. The issuance of the
revenue bonds, the maturities and other details thereof, the
rights of the holders thereof, and the rights, duties, and
obligations of the public corporation in respect to the same
shall be governed by this chapter insofar as applicable.
[1981 c 300 § 11.]
39.84.120 Trust agreements. Any bonds issued
under this chapter may be secured by a trust agreement
between the public corporation and a corporate trustee,
which may be any trust company or bank having the powers
of a trust company within or without the state. The trust
agreement may evidence a pledge or assignment of the
financing documents and lease, sale, or loan revenues to be
received from a lessee or purchaser of or borrower with
respect to an industrial development facility for the payment
of principal of and interest and any premium on the bonds
as the same shall become due and payable and may provide
for creation and maintenance of reserves for these purposes.
A trust agreement or resolution providing for the issuance of
the revenue bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders
as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties in relation to the
acquisition of property and the construction, improvement,
maintenance, use, repair, operation, and insurance of the
industrial development facility for which the bonds are
authorized, and the custody, safeguarding, and application of
all money. Any bank or trust company incorporated under
the laws of the state which may act as depository of the
proceeds of revenue bonds or of revenues may furnish such
indemnifying bonds or pledge such securities as may be
required by the corporation. A trust agreement may set forth
the rights and remedies of the bondholders and of the trustee
and may restrict the individual right of action by bondhold(2002 Ed.)
Industrial Development Revenue Bonds
ers as is customary in trust agreements or trust indentures
securing bonds and debentures of private corporations. In
addition, a trust agreement may contain such provisions as
the public corporation considers reasonable and proper for
the security of the bondholders which are not in conflict with
this chapter. [1981 c 300 § 12.]
39.84.130 Commingling of bond proceeds or
revenues with municipal funds prohibited—Exception.
No part of the proceeds received from the sale of any revenue bonds under this chapter, of any revenues derived from
any industrial development facility acquired or held under
this chapter, or of any interest realized on moneys received
under this chapter may be commingled by the public
corporation with funds of the municipality creating the
public corporation. However, those funds of the public
corporation, other than proceeds received from the sale of
revenue bonds, that are not otherwise encumbered for the
payment of revenue bonds and are not reasonably anticipated
by the board of directors to be necessary for administrative
expenses of the public corporation may be transferred to the
creating municipality and used for growth management,
planning, or other economic development purposes. [1993
c 139 § 1; 1981 c 300 § 13.]
39.84.140 Subleases and assignments. A lessee or
contracting party under a sale contract or loan agreement
shall not be required to be the eventual user of an industrial
development facility if any sublessee or assignee assumes all
of the obligations of the lessee or contracting party under the
lease, sale contract, or loan agreement, but the lessee or contracting party or their successors shall remain primarily liable
for all of its obligations under the lease, sale contract, or
loan agreement and the use of the industrial development
facility shall be consistent with the purposes of this chapter.
[1981 c 300 § 14.]
39.84.150 Determination of rent. Before entering
into a lease, sale contract, or loan agreement with respect to
any industrial development facility, the public corporation
shall determine that there are sufficient revenues to pay (1)
the principal of and the interest on the revenue bonds proposed to be issued to finance the industrial development
facility; (2) the amount necessary to be paid each year into
any reserve funds which the public corporation considers
advisable to establish in connection with the retirement of
the proposed bonds and the maintenance of the industrial
development facility; and (3) unless the terms of the lease,
sale contract, or loan agreement provide that the lessee or
contracting party shall maintain the industrial development
facility and carry all proper insurance with respect thereto,
the estimated cost of maintaining the industrial development
facility in good repair and keeping it properly insured.
[1981 c 300 § 15.]
39.84.160 Proceedings in the event of default. The
proceedings authorizing any revenue bonds under this
chapter or any financing document securing the revenue
bonds may provide that if there is a default in the payment
of the principal of or the interest on the bonds or in the
performance of any agreement contained in the proceedings
(2002 Ed.)
39.84.120
or financing document, the payment and performance may
be enforced by mandamus or by the appointment of a
receiver in equity with power to charge and collect rents,
purchase price payments, and loan repayments, and to apply
the revenues from the industrial development facility in
accordance with the proceedings or provisions of the
financing document. Any financing document entered into
under this chapter to secure revenue bonds issued under this
chapter may also provide that if there is a default in the
payment thereof or a violation of any agreement contained
in the financing document, the industrial development facility
may be foreclosed and sold under proceedings in equity or
in any other manner now or hereafter permitted by law.
Any financing document may also provide that any trustee
under the financing document or the holder of any revenue
bonds secured thereby may become the purchaser at any
foreclosure sale if it is the highest bidder. [1981 c 300 §
16.]
39.84.170 Implementation of economic development
programs by port district—Use of nonprofit corporations—Transfer of funds. Funds received by a port district
under RCW 39.84.130 may be transferred to a nonprofit
corporation created or re-created for the exclusive purpose of
providing training, education, and general improvement to
the public sector management skills necessary to implement
the economic development programs of the port district.
The nonprofit corporation selected for that purpose may be,
without limitation, a corporation formed by the Washington
public ports association.
Any nonprofit corporation selected for the purposes of
this section must have tax exempt status under 26 U.S.C.
Sec. 501(c)(3).
Transfers and expenditures of funds shall be deemed to
be for industrial development and trade promotion as
provided in Article VIII, section 8 of the Washington state
Constitution.
Nothing in this chapter shall be construed to prohibit the
receipt of additional public or private funds by a nonprofit
corporation for the purposes described in this section. [2000
c 198 § 2.]
39.84.200 Authority of community economic
revitalization board under this chapter. The community
economic revitalization board under chapter 43.160 RCW
shall have all the powers of a public corporation under this
chapter. To the extent applicable, all duties of a public
corporation apply to the community economic revitalization
board in exercising its powers under this chapter. [1984 c
257 § 11.]
39.84.900 Construction—Supplemental nature of
chapter. This chapter supplements and neither restricts nor
limits any powers which a municipality or presently authorized public corporation might otherwise have under any
laws of this state. [1981 c 300 § 17.]
39.84.910 Captions not part of law. As used in this
chapter, captions constitute no part of the law. [1981 c 300
§ 19.]
[Title 39 RCW—page 89]
39.84.920
Title 39 RCW: Public Contracts and Indebtedness
39.84.920 Severability—1981 c 300. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 300 § 20.]
Chapter 39.86
PRIVATE ACTIVITY BOND ALLOCATION
Sections
39.86.100
39.86.110
39.86.120
39.86.130
39.86.140
39.86.150
39.86.160
39.86.170
39.86.180
39.86.190
39.86.200
39.86.905
39.86.906
Legislative findings and policy.
Definitions.
Initial allocation.
Criteria.
Procedure for obtaining state ceiling allocation.
Reallocation process and carryforwards.
Executive orders.
Fees.
Code amendments.
Annual and biennial reports.
Ratification.
Captions.
Severability—1987 c 297.
39.86.100 Legislative findings and policy. The
federal tax reform act of 1986 imposes an annual ceiling on
the aggregate amount of federally tax-exempt private activity
bonds, including bonds for housing, student loans, exempt
facilities, small issue industrial, redevelopment, and certain
public utility projects, that may be issued during any
calendar year by or on behalf of states and their political
subdivisions. In 2001, the ceiling will be increased to sixtytwo dollars and fifty cents per capita and in 2002 the ceiling
will be increased to seventy-five dollars per capita, to be
indexed annually, for 2003 and every year thereafter.
However, a study by the *department of community development indicates that the dollar amount of the state ceiling
is considerably less than the anticipated dollar amount for
which issuers would need an allocation from the state
ceiling. The tax reform act of 1986 provides a formula for
allocating the annual ceiling among various issuers of private
activity bonds within a state, but permits each state to enact
a different allocation method that is appropriate to that
state’s needs. The purpose of this chapter is to provide a
flexible and efficient method of allocating the annual state
ceiling in Washington in a manner that recognizes the need
of the state and its political subdivisions to finance activities
or projects that satisfy a substantial public purpose. [2001
c 330 § 1; 1987 c 297 § 1.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
39.86.110 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Agency" means the department of community,
trade, and economic development.
(2) "Board" means the community economic revitalization board established under chapter 43.160 RCW.
(3) "Bonds" means bonds, notes, or other obligations of
an issuer.
[Title 39 RCW—page 90]
(4) "Bond use category" means any of the following
categories of bonds which are subject to the state ceiling:
(a) Housing, (b) student loans, (c) small issue, (d) exempt
facility, (e) redevelopment, (f) public utility; and (g) remainder.
(5) "Carryforward" is an allocation or reallocation of the
state ceiling which is carried from one calendar year to a
later year, in accordance with the code.
(6) "Code" means the federal internal revenue code of
1986 as it exists on May 8, 1987. It also means the code as
amended after May 8, 1987, but only if the amendments are
approved by the agency under RCW 39.86.180.
(7) "Director" means the director of the agency or the
director’s designee.
(8) "Exempt facility" means the bond use category
which includes all bonds which are exempt facility bonds as
described in the code, except those for qualified residential
rental projects.
(9) "Firm and convincing evidence" means documentation that satisfies the director that the issuer is committed to
the prompt financing of, and will issue tax exempt bonds for,
the project or program for which it requests an allocation
from the state ceiling.
(10) "Housing" means the bond use category which
includes: (a) Mortgage revenue bonds and mortgage credit
certificates as described in the code; and (b) exempt facility
bonds for qualified residential rental projects as described in
the code.
(11) "Initial allocation" means the portion or dollar
value of the state ceiling which initially in each calendar
year is allocated to a bond use category for the issuance of
private activity bonds, in accordance with RCW 39.86.120.
(12) "Issuer" means the state, any agency or instrumentality of the state, any political subdivision, or any other
entity authorized to issue private activity bonds under state
law.
(13) "Private activity bonds" means obligations that are
private activity bonds as defined in the code or bonds for
purposes described in section 1317(25) of the tax reform act
of 1986.
(14) "Program" means the activities for which housing
bonds or student loan bonds may be issued.
(15) "Public utility" means the bond use category which
includes those bonds described in section 1317(25) of the tax
reform act of 1986.
(16) "Redevelopment" means the bond use category
which includes qualified redevelopment bonds as described
in the code.
(17) "Remainder" means that portion of the state ceiling
remaining after initial allocations are made under RCW
39.86.120 for any other bond use category.
(18) "Small issue" means the bond use category which
includes all industrial development bonds that constitute
qualified small issue bonds, as described in the code.
(19) "State" means the state of Washington.
(20) "State ceiling" means the volume limitation for
each calendar year on tax-exempt private activity bonds, as
imposed by the code.
(21) "Student loans" means the bond use category which
includes qualified student loan bonds as described in the
code. [1995 c 399 § 57; 1987 c 297 § 2.]
(2002 Ed.)
Private Activity Bond Allocation
39.86.120 Initial allocation. (1) Except as provided
in subsections (2) and (4) of this section, the initial allocation of the state ceiling shall be for each year as follows:
BOND USE
CATEGORY
2002 and
ALTERNATIVE
2001 THEREAFTER ALLOCATION
Housing
27.5%
Small Issue
24.5%
Exempt Facility 19.5%
Student Loans 14.5%
Public Utility 10.0%
Remainder and
redevelopment 4.0%
30.0%
24.0%
19.0%
14.0%
10.0%
32.0%
25.0%
20.0%
15.0%
0.0%
3.0%
8.0%
(2) Initial allocations may be modified by the agency
only to reflect an issuer’s carryforward amount. Any
reduction of the initial allocation shall be added to the
remainder and be available for allocation or reallocation.
(3) The remainder shall be allocated by the agency
among one or more issuers from any bond use category with
regard to the criteria specified in RCW 39.86.130.
(4) Should any bond use category no longer be subject
to the state ceiling due to federal or state provisions of law,
the agency shall divide the amount of that initial allocation
among the remaining categories as necessary or appropriate
with regard to the criteria specified in RCW 39.86.130.
Upon the earlier of: (a) Exhaustion of the seven hundred
fifty million dollar authority under I.R.C. 1317(25), or any
new federal legislation increasing the amount of authority, or
creating additional authority; or (b) waiver of the authority
described under (a) of this subsection due to alternative
federal authority that does not use a state volume cap, then
the alternative allocation schedule in subsection (1) of this
section will be used.
(5)(a) Prior to September 1 of each calendar year, any
available portion of an initial allocation may be allocated or
reallocated only to an issuer within the same bond use
category, except that the remainder category, or portions
thereof, may be allocated at any time to any bond use
category.
(b) Beginning September 1 of each calendar year, the
agency may allocate or reallocate any available portion of
the state ceiling to any bond use category with regard to the
criteria specified in RCW 39.86.130. [2001 c 330 § 2; 1990
c 50 § 1; 1987 c 297 § 3.]
39.86.130 Criteria. (1) In granting an allocation,
reallocation, or carryforward of the state ceiling as provided
in this chapter, the agency shall consider existing state
priorities and other such criteria, including but not limited to,
the following criteria:
(a) Need of issuers to issue private activity bonds within
a bond use category;
(b) Amount of the state ceiling available;
(c) Public benefit and purpose to be satisfied, including
economic development, educational opportunity, and public
health, safety, or welfare;
(d) Cost or availability of alternative methods of
financing for the project or program; and
(e) Certainty of using the allocation which is being
requested.
(2002 Ed.)
39.86.120
(2) In determining whether to allocate an amount of the
state ceiling to an issuer within any bond use category, the
agency shall consider, but is not limited to, the following
criteria for each of the bond use categories:
(a) Housing: Criteria which comply with RCW
43.180.200.
(b) Student loans: Criteria which comply with the
applicable provisions of Title 28B RCW and rules adopted
by the higher education coordinating board or applicable
state agency dealing with student financial aid.
(c) Small issue: Recommendation by the board regarding how the amount of the state ceiling set aside for the
small issue bond use category shall be allocated among
issuers. Factors may include:
(i) The number of employment opportunities the project
is likely to create or retain in relation to the amount of the
bond issuance;
(ii) The level of unemployment existing in the geographic area likely to be affected by the project;
(iii) A commitment to providing employment opportunities to low-income persons in cooperation with the employment security department;
(iv) Geographic distribution of projects;
(v) The number of persons who will benefit from the
project;
(vi) Consistency with criteria identified in subsection (1)
of this section;
(vii) Order in which requests were received; and
(viii) Requirements of the board’s umbrella bond
program.
(d) Exempt facility or redevelopment: Factors which
may include:
(i) State issuance needs;
(ii) Consistency with criteria identified in subsection (1)
of this section;
(iii) Order in which requests were received;
(iv) The proportionate number of persons in relationship
to the size of the community who will benefit from the
project; and
(v) The unique timing and issuance needs of large scale
projects that may require allocations in more than one year.
(e) Public utility: Factors which may include:
(i) Consistency with criteria identified in subsection (1)
of this section; and
(ii) Timing needs for issuance of bonds over a multiyear period. [1987 c 297 § 4.]
39.86.140 Procedure for obtaining state ceiling
allocation. (1) No issuer may receive an allocation of the
state ceiling without a certificate of approval from the
agency.
(2)(a) For each state ceiling allocation request, an issuer
shall submit to the agency, no sooner than ninety days prior
to the beginning of a calendar year for which an allocation
of the state ceiling is being requested, a form identifying:
(i) The amount of the allocation sought;
(ii) The bond use category from which the allocation
sought would be made;
(iii) The project or program for which the allocation is
requested;
[Title 39 RCW—page 91]
39.86.140
Title 39 RCW: Public Contracts and Indebtedness
(iv) The financing schedule for which the allocation is
needed; and
(v) Any other such information required by the agency,
including information which corresponds to the allocation
criteria of RCW 39.86.130.
(b) Nothing in (a) of this subsection precludes a public
utility issuer from filing and the agency from considering a
request at such times as may be appropriate in order to meet
the criteria set forth in RCW 39.86.130(2)(e)(ii).
(3) The agency may approve or deny an allocation for
all or a portion of the issuer’s request. Any denied request,
however, shall remain on file with the agency for the
remainder of the calendar year and shall be considered for
receiving any allocation, reallocation, or carryforward of
unused portions of the state ceiling during that period.
(4) After receiving an allocation request, the agency
shall mail to the requesting issuer a written certificate of
approval or notice of denial for an allocation amount, by a
date no later than the latest of the following:
(a) Forty-five days from May 8, 1987;
(b) February 1 of the calendar year, other than 1987, for
which the request is made;
(c) Fifteen days from the date the agency receives an
allocation request; or
(d) Fifteen days from the date the agency receives a
recommendation by the board with regard to a small issue
allocation request, should the board choose to review
individual requests.
(5)(a) For requests of the state ceiling of any calendar
year, the following applies to all bond use categories except
housing and student loans:
(i) Except for housing and student loans, any allocations
granted prior to April 1, for which bonds have not been
issued by September 1 of the same calendar year, shall
revert to the agency on September 1 of the same calendar
year for reallocation unless an extension or carryforward is
granted;
(ii) Except for housing and student loans, any allocations granted on or after April 1, for which bonds have not
been issued by December 15 of the same calendar year, shall
revert to the agency on December 15 of the same calendar
year for reallocation unless an extension or carryforward is
granted.
(b) For each calendar year, any housing or student loan
allocations, for which bonds have not been issued by
December 15 of the same calendar year, shall revert to the
agency on December 15 of the same calendar year for
reallocation unless an extension or carryforward is granted.
(6) An extension of the deadlines provided by subsection (5) of this section may be granted by the agency for the
approved allocation amount or a portion thereof, based on:
(a) Firm and convincing evidence that the bonds will be
issued before the end of the calendar year if the extension is
granted; and
(b) Any other criteria the agency deems appropriate.
(7) If an issuer determines that bonds subject to the state
ceiling will not be issued for the project or program for
which an allocation was granted, the issuer shall promptly
notify the agency in writing so that the allocation may be
canceled and the amount may be available for reallocation.
[Title 39 RCW—page 92]
(8) Bonds subject to the state ceiling may be issued only
to finance the project or program for which a certificate of
approval is granted.
(9) Within three business days of the date that bonds for
which an allocation of the state ceiling is granted have been
delivered to the original purchasers, the issuer shall mail to
the agency a written notification of the bond issuance. In
accordance with chapter 39.44 RCW, the issuer shall also
complete bond issuance information on the form provided by
the agency.
(10) If the total amount of tax-exempt bonds issued for
a project or program is less than the amount allocated, the
remaining portion of the allocation shall revert to the agency
for reallocation in accordance with the criteria in RCW
39.86.130. If the amount of tax-exempt bonds actually
issued under the state ceiling is greater than the amount
allocated, the entire allocation shall be disallowed. [1987 c
297 § 5.]
39.86.150 Reallocation process and carryforwards.
(1) Beginning September 1 of each calendar year, the agency
may allocate or reallocate any portions of the state ceiling
for which no certificate of approval is in effect. Reallocations may also be made from the remainder category at any
time during the year.
(2) Prior to the end of each calendar year, the agency
shall allocate or reallocate any unused portions of the state
ceiling among one or more issuers as carryforward, to be
used within three years, in accordance with the code and
relevant criteria described in RCW 39.86.130. [1987 c 297
§ 6.]
39.86.160 Executive orders. If federal legislation is
enacted or federal regulations are promulgated which affect
the state ceiling, when the legislature is not in session or is
less than forty-five days from the constitutional end of
session, the governor may establish by executive order an
alternative system for the allocation of tax-exempt bonds
under the state ceiling, effective until the legislature acts. In
allocating or reallocating under this section, the governor
shall take into account the requirements of federal law, the
policy choices expressed in state law, and the projected
needs of issuers. [1987 c 297 § 7.]
39.86.170 Fees. A fee schedule shall be established
by rule by the agency to assist in support of bond allocation
activities. Fees shall reflect costs actually incurred or
expected to be incurred by the agency in its bond allocation
activities. [1987 c 297 § 8.]
39.86.180 Code amendments. In order to permit the
full use of the authorized state ceiling under federal law, the
agency may adopt rules approving any amendments made to
the code after May 8, 1987. [1987 c 297 § 9.]
39.86.190 Annual and biennial reports. By February
1 of each year, the agency shall summarize for the legislature each previous year’s bond allocation requests and
issuance. Beginning in June of 1988 and thereafter in June
of each even-numbered year, the agency shall also submit a
biennial report summarizing usage of the bond allocation
(2002 Ed.)
Private Activity Bond Allocation
proceeds and any policy concerns for future bond allocations.
[1987 c 297 § 10.]
39.86.200 Ratification. Any state ceiling allocations
taken prior to May 8, 1987, in conformance with the code
and an applicable executive order of the governor are ratified
and confirmed and shall remain in full force and effect
notwithstanding any other provision of this chapter. [1987
c 297 § 11.]
39.86.905 Captions. As used in this chapter, captions
constitute no part of the law. [1987 c 297 § 15.]
39.86.906 Severability—1987 c 297. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 297 § 14.]
Chapter 39.88
COMMUNITY REDEVELOPMENT
FINANCING ACT
Sections
39.88.010 Declaration.
39.88.020 Definitions.
39.88.030 Authority—Limitations.
39.88.040 Procedure for adoption of public improvement.
39.88.050 Notice of public improvement.
39.88.060 Disagreements between taxing districts.
39.88.070 Apportionment of taxes.
39.88.080 Application of tax allocation revenues.
39.88.090 General obligation bonds.
39.88.100 Tax allocation bonds.
39.88.110 Legal investments.
39.88.120 Notice to state.
39.88.130 Conclusive presumption of validity.
39.88.900 Supplemental nature of chapter.
39.88.905 Short title.
39.88.910 Captions not part of law—1982 1st ex.s. c 42.
39.88.915 Severability—1982 1st ex.s. c 42.
Reviser’s note: Senate Joint Resolution No. 143, amending the state
Constitution to authorize the use of increased property tax revenues resulting
from a public improvement for the purpose of paying obligations incurred
for the improvement, was enacted during the 1982 first extraordinary
session of the legislature and was submitted to the voters at the November
1982 state general election. It was defeated by a vote of 393,030 in favor
and 882,194 against. A similar constitutional amendment, House Joint
Resolution No. 23, was defeated at the November 1985 state general
election.
39.88.010 Declaration. It is declared to be the public
policy of the state of Washington to promote and facilitate
the orderly development and economic stability of its urban
areas. The provision of adequate government services and
the creation of employment opportunities for the citizens
within urban areas depends upon the economic growth and
the strength of their tax base. The construction of necessary
public improvements in accordance with local community
planning will encourage investment in job-producing private
development and will expand the public tax base.
It is the purpose of this chapter to allocate a portion of
regular property taxes for limited periods of time to assist in
the financing of public improvements which are needed to
(2002 Ed.)
39.86.190
encourage private development of urban areas; to prevent or
arrest the decay of urban areas due to the inability of
existing financing methods to provide needed public improvements; to encourage local taxing districts to cooperate
in the allocation of future tax revenues arising in urban areas
in order to facilitate the long-term growth of their common
tax base; and to encourage private investment within urban
areas. [1982 1st ex.s. c 42 § 2.]
39.88.020 Definitions. As used in this chapter the
following terms have the following meanings unless a
different meaning is clearly indicated by the context:
(1) "Apportionment district" means the geographic area,
within an urban area, from which regular property taxes are
to be apportioned to finance a public improvement contained
therein.
(2) "Assessed value of real property" means the valuation of real property as placed on the last completed assessment roll of the county.
(3) "City" means any city or town.
(4) "Ordinance" means any appropriate method of taking
a legislative action by a county or city, whether known as a
statute, resolution, ordinance, or otherwise.
(5) "Public improvement" means an undertaking to
provide public facilities in an urban area which the sponsor
has authority to provide.
(6) "Public improvement costs" means the costs of
design, planning, acquisition, site preparation, construction,
reconstruction, rehabilitation, improvement, and installation
of the public improvement; costs of relocation, maintenance,
and operation of property pending construction of the public
improvement; costs of utilities relocated as a result of the
public improvement; costs of financing, including interest
during construction, legal and other professional services,
taxes, and insurance; costs incurred by the assessor to
revalue real property for the purpose of determining the tax
allocation base value that are in excess of costs incurred by
the assessor in accordance with his revaluation plan under
chapter 84.41 RCW, and the costs of apportioning the taxes
and complying with this chapter and other applicable law;
and administrative costs reasonably necessary and related to
these costs. These costs may include costs incurred prior to
the adoption of the public improvement ordinance, but subsequent to July 10, 1982.
(7) "Public improvement ordinance" means the ordinance passed under RCW 39.88.040(4).
(8) "Regular property taxes" means regular property
taxes as now or hereafter defined in RCW 84.04.140, except
regular property taxes levied by port districts or public utility
districts specifically for the purpose of making required
payments of principal and interest on general indebtedness.
(9) "Sponsor" means any county or city initiating and
undertaking a public improvement.
(10) "Tax allocation base value of real property" means
the true and fair value of real property within an apportionment district for the year in which the apportionment district
was established.
(11) "Tax allocation bonds" means any bonds, notes, or
other obligations issued by a sponsor pursuant to *section 10
of this act.
[Title 39 RCW—page 93]
39.88.020
Title 39 RCW: Public Contracts and Indebtedness
(12) "Tax allocation revenues" means those tax revenues
allocated to a sponsor under RCW 39.88.070(1)(b).
(13) "Taxing districts" means any governmental entity
which levies or has levied for it regular property taxes upon
real property located within a proposed or approved apportionment district.
(14) "Value of taxable property" means value of taxable
property as defined in RCW 39.36.015.
(15) "Urban area" means an area in a city or located
outside of a city that is characterized by intensive use of the
land for the location of structures and receiving such urban
services as sewers, water, and other public utilities and
services normally associated with urbanized areas. Not more
than twenty-five percent of the area within the urban area
proposed apportionment district may be vacant land. [1982
1st ex.s. c 42 § 3.]
*Reviser’s note: "section 10 of this act," codified as RCW 39.88.090,
deals with general obligation bonds. Tax allocation bonds are the subject
of section 11 (RCW 39.88.100), which was apparently intended. The error
arose in the renumbering of sections in the engrossing of amendments to
Second Substitute Senate Bill No. 4603 [1982 1st ex.s. c 42].
39.88.030 Authority—Limitations. (1) Only public
improvements which are determined by the legislative
authority of the sponsor to meet the following criteria are
eligible to be financed under this chapter:
(a) The public improvement is located within an urban
area;
(b) The public improvement will encourage private
development within the apportionment district;
(c) The public improvement will increase the fair market
value of the real property located within the apportionment
district;
(d) The private development which is anticipated to
occur within the apportionment district as a result of the
public improvement is consistent with an existing comprehensive land use plan and approved growth policies of the
jurisdiction within which it is located;
(e) A public improvement located within a city has been
approved by the legislative authority of such city; and
(f) A public improvement located within an urban area
in an unincorporated area has been approved by the legislative authority of the county within whose boundaries the area
lies.
(2) Apportionment of regular property tax revenues to
finance the public improvements is subject to the following
limitations:
(a) No apportionment of regular property tax revenues
may take place within a previously established apportionment district where regular property taxes are still apportioned to finance public improvements without the concurrence of the sponsor which established the district;
(b) No apportionment district may be established which
includes any geographic area included within a previously
established apportionment district which has outstanding
bonds payable in whole or in part from tax allocation
revenues;
(c) The total amount of outstanding bonds payable in
whole or in part from tax allocation revenues arising from
property located within a city shall not exceed two percent
of the value of taxable property within the city, and the total
amount of outstanding bonds payable in whole or in part
[Title 39 RCW—page 94]
from tax allocation revenues arising from property located
within the unincorporated areas of a county shall not exceed
two percent of the value of taxable property within the entire
unincorporated area of the county; and
(d) No taxes other than regular property taxes may be
apportioned under this chapter.
(3) Public improvements may be undertaken and
coordinated with other programs or efforts undertaken by the
sponsor or others and may be funded in whole or in part
from sources other than those provided by this chapter.
[1982 1st ex.s. c 42 § 4.]
39.88.040 Procedure for adoption of public improvement. Public improvements funded by tax allocation
revenues may only be located within an urban area. In order
to secure an allocation of regular property taxes to finance
a public improvement, a sponsor shall:
(1) Propose by ordinance a plan for the public improvement which includes a description of the contemplated public
improvement, the estimated cost thereof, the boundaries of
the apportionment district, the estimated period during which
tax revenue apportionment is contemplated, and the ways in
which the sponsor plans to use tax allocation revenues to
finance the public improvement, and which sets at least three
public hearings thereon before the legislative authority of the
sponsor or a committee thereof: PROVIDED, That public
hearings for the public improvement that is undertaken in
combination or coordination by two or more sponsors may
be held jointly; and public hearings, held before the legislative authority or a committee of a majority thereof may be
combined with public hearings held for other purposes;
(2) At least fifteen days in advance of the hearing:
(a) Deliver notice of the hearing to all taxing districts,
the county treasurer, and the county assessor, which notice
includes a map or drawing showing the location of the
contemplated public improvement and the boundaries of the
proposed apportionment district, a brief description of the
public improvement, the estimated cost thereof, the anticipated increase in property values within the apportionment
district, the location of the sponsor’s principal business
office where it will maintain information concerning the
public improvement for public inspection, and the date and
place of hearing; and
(b) Post notice in at least six public places located in the
proposed apportionment district and publish notice in a legal
newspaper of general circulation within the sponsor’s
jurisdiction briefly describing the public improvement, the
proposed apportionment, the boundaries of the proposed
apportionment district, the location where additional information concerning the public improvement may be inspected,
and the date and place of hearing;
(3) At the time and place fixed for the hearing under
subsection (1) of this section, and at such times to which the
hearing may be adjourned, receive and consider all statements and materials as may be submitted, and objections and
letters filed before or within ten days thereafter;
(4) Within one hundred twenty days after completion of
the public hearings, pass an ordinance establishing the
apportionment district and authorizing the proposed public
improvement, including any modifications which in the
sponsor’s opinion the hearings indicated should be made,
(2002 Ed.)
Community Redevelopment Financing Act
which includes the boundaries of the apportionment district,
a description of the public improvement, the estimated cost
thereof, the portion of the estimated cost thereof to be reimbursed from tax allocation revenues, the estimated time
during which regular property taxes are to be apportioned,
the date upon which apportionment of the regular property
taxes will commence, and a finding that the public improvement meets the conditions of RCW 39.88.030. [1982 1st
ex.s. c 42 § 5.]
39.88.050 Notice of public improvement. Within
fifteen days after enactment of the public improvement
ordinance, the sponsor shall publish notice in a legal newspaper circulated within the designated apportionment district
summarizing the final public improvement, including a brief
description of the public improvement, the boundaries of the
apportionment district, and the location where the public
improvement ordinance and any other information concerning the public improvement may be inspected.
Within fifteen days after enactment of the public
improvement ordinance, the sponsor shall deliver a certified
copy thereof to each taxing district, the county treasurer, and
the county assessor. [1982 1st ex.s. c 42 § 6.]
39.88.060 Disagreements between taxing districts.
(1) Any taxing district that objects to the apportionment
district, the duration of the apportionment, the manner of
apportionment, or the propriety of cost items established by
the public improvement ordinance of the sponsor may,
within thirty days after mailing of the ordinance, petition for
review thereof by the state board of tax appeals. The state
board of tax appeals shall meet within a reasonable time,
hear all the evidence presented by the parties on matters in
dispute, and determine the issues upon the evidence as may
be presented to it at the hearing. The board may approve or
deny the public improvement ordinance as enacted or may
grant approval conditioned upon modification of the ordinance by the sponsor. The decision by the state board of tax
appeals shall be final and conclusive but shall not preclude
modification or discontinuation of the public improvement.
(2) If the sponsor modifies the public improvement
ordinance as directed by the board, the public improvement
ordinance shall be effective without further hearings or
findings and shall not be subject to any further appeal. If
the sponsor modifies the public improvement ordinance in a
manner other than as directed by the board, the public
improvement ordinance shall be subject to the procedures
established pursuant to RCW 39.88.040 and 39.88.050.
[1989 c 378 § 1; 1982 1st ex.s. c 42 § 7.]
39.88.070 Apportionment of taxes. (1) Upon the
date established in the public improvement ordinance, but
not sooner than the first day of the calendar year following
the passage of the ordinance, the regular property taxes
levied upon the assessed value of real property within the
apportionment district shall be divided as follows:
(a) That portion of the regular property taxes produced
by the rate of tax levied each year by or for each of the
taxing districts upon the tax allocation base value of real
property, or upon the assessed value of real property in each
(2002 Ed.)
39.88.040
year, whichever is smaller, shall be allocated to and paid to
the respective taxing districts; and
(b) That portion of the regular property taxes levied
each year by or for each of the taxing districts upon the
assessed value of real property within an apportionment
district which is in excess of the tax allocation base value of
real property shall be allocated and paid to the sponsor, or
the sponsor’s designated agent, until all public improvement
costs to be paid from the tax allocation revenues have been
paid, except that the sponsor may agree to receive less than
the full amount of such portion as long as bond debt service,
reserve, and other bond covenant requirements are satisfied,
in which case the balance of the taxes shall be allocated to
the respective taxing districts as the sponsor and the taxing
districts may agree.
(2) The county assessor shall revalue the real property
within the apportionment district for the purpose of determining the tax allocation base value for the apportionment
district and shall certify to the sponsor the tax allocation
base value as soon as practicable after the assessor receives
notice of the public improvement ordinance and shall certify
to the sponsor the total assessed value of real property within
thirty days after the property values for each succeeding year
have been established, except that the assessed value of
state-assessed real property within the apportionment district
shall be certified as soon as the values are provided to the
assessor by the department of revenue. Nothing in this
section authorizes revaluations of real property by the assessor for property taxation that are not made in accordance
with the assessor’s revaluation plan under chapter 84.41
RCW.
(3) The date upon which the apportionment district was
established shall be considered the date upon which the
public improvement ordinance was enacted by the sponsor.
(4) The apportionment of regular property taxes under
this section shall cease when tax allocation revenues are no
longer necessary or obligated to pay public improvement
costs or to pay principal of and interest on bonds issued to
finance public improvement costs and payable in whole or
in part from tax allocation revenues. At the time of termination of the apportionment, any excess money and any
earnings thereon held by the sponsor shall be returned to the
county treasurer and distributed to the taxing districts which
were subject to the allocation in proportion to their regular
property tax levies due for the year in which the funds are
returned. [1982 1st ex.s. c 42 § 8.]
39.88.080 Application of tax allocation revenues.
Tax allocation revenues may be applied as follows:
(1) To pay public improvement costs;
(2) To pay principal of and interest on, and to fund any
necessary reserves for, tax allocation bonds;
(3) To pay into bond funds established to pay the
principal of and interest on general obligation bonds issued
pursuant to law to finance public facilities that are specified
in the public improvement ordinance and constructed
following the establishment of and within the apportionment
district; or
(4) To pay any combination of the foregoing. [1982 1st
ex.s. c 42 § 9.]
[Title 39 RCW—page 95]
39.88.090
Title 39 RCW: Public Contracts and Indebtedness
39.88.090 General obligation bonds. General
obligation bonds which are issued to finance public facilities
that are specified in the public improvement ordinance, and
for which part or all of the principal or interest is paid by
tax allocation revenues, shall be subject to the following
requirements:
(1) The intent to issue such bonds and the maximum
amount which the sponsor contemplates issuing are specified
in the public improvement ordinance; and
(2) A statement of the intent of the sponsor to issue
such bonds is included in all notices required by RCW
39.88.040 and 39.88.050.
In addition, the ordinance or resolution authorizing the
issuance of such general obligation bonds shall be subject to
potential referendum approval by the voters of the issuing
entity when the bonds are part of the non-voter approved
indebtedness limitation established pursuant to RCW
39.36.020. If the voters of the county or city issuing such
bonds otherwise possess the general power of referendum on
county or city matters, the ordinance or resolution shall be
subject to that procedure. If the voters of the county or city
issuing such bonds do not otherwise possess the general
power of referendum on county or city matters, the referendum shall conform to the requirements and procedures for
referendum petitions provided for code cities in RCW
35A.11.100. [1982 1st ex.s. c 42 § 10.]
39.88.100 Tax allocation bonds. (1) A sponsor may
issue such tax allocation bonds as it may deem appropriate
for the financing of public improvement costs and a reasonable bond reserve and for the refunding of any outstanding
tax allocation bonds.
(2) The principal and interest of tax allocation bonds
may be made payable from:
(a) Tax allocation revenues;
(b) Project revenues which may include (i) nontax
income, revenues, fees, and rents from the public improvement financed with the proceeds of the bonds, or portions
thereof, and (ii) contributions, grants, and nontax money
available to the sponsor for payment of costs of the public
improvement or the debt service of the bonds issued therefor;
(c) Any combination of the foregoing.
(3) Tax allocation bonds shall not be the general
obligation of or guaranteed by all or any part of the full faith
and credit of the sponsor or any other state or local government, or any tax revenues other than tax allocation revenues,
and shall not be considered a debt of the sponsor or other
state or local government for general indebtedness limitation
purposes.
(4) The terms and conditions of tax allocation bonds
may include provisions for the following matters, among
others:
(a) The date of issuance, maturity date or dates, denominations, form, series, negotiability, registration, rank or
priority, place of payment, interest rate or rates which may
be fixed or may vary over the life of the tax allocation
bonds, bond reserve, coverage, and such other terms related
to repayment of the tax allocation bonds;
(b) The application of tax allocation bond proceeds; the
use, sale, or disposition of property acquired; consideration
[Title 39 RCW—page 96]
or rents and fees to be charged in the sale or lease of
property acquired; consideration or rents and fees to be
charged in the sale or lease of property within a public
improvement; the application of rents, fees, and revenues
within a public improvement; the maintenance, insurance,
and replacement of property within a public improvement;
other encumbrances, if any, upon all or part of property
within a public improvement, then existing or thereafter
acquired; and the type of debts that may be incurred;
(c) The creation of special funds; the money to be so
applied; and the use and disposition of the money;
(d) The securing of the tax allocation bonds by a pledge
of property and property rights, by assignment of income
generated by the public improvement, or by pledging such
additional specifically described resources other than tax
revenues as are available to the sponsor;
(e) The terms and conditions for redemption;
(f) The replacement of lost and destroyed bond instruments;
(g) Procedures for amendment of the terms and conditions of the tax allocation bonds;
(h) The powers of a trustee to enforce covenants and
take other actions in event of default; the rights, liabilities,
powers, and duties arising upon the breach of any covenant,
condition, or obligation; and
(i) When consistent with the terms of this chapter, such
other terms, conditions, and provisions which may make the
tax allocation bonds more marketable and further the
purposes of this chapter.
(5) Tax allocation bonds may be issued and sold in such
manner as the legislative authority of the sponsor shall
determine.
(6) The sponsor may also issue or incur obligations in
anticipation of the receipt of tax allocation bond proceeds or
other money available to pay public improvement costs.
[1982 1st ex.s. c 42 § 11.]
39.88.110 Legal investments. Tax allocation bonds
authorized in this chapter shall be legal investments for any
of the funds of the state and of municipal corporations, for
trustees, and for other fiduciaries. [1982 1st ex.s. c 42 §
13.]
39.88.120 Notice to state. Whenever notice is
required to be given to the state, notice shall be given to the
director of revenue. [1982 1st ex.s. c 42 § 14.]
39.88.130 Conclusive presumption of validity. No
direct or collateral attack on any public improvement, public
improvement ordinance, or apportionment district purported
to be authorized or created in conformance with applicable
legal requirements, including the requirements of this
chapter, may be commenced more than thirty days after
publication of notice as required by RCW 39.88.050. [1982
1st ex.s. c 42 § 15.]
39.88.900 Supplemental nature of chapter. This
chapter supplements and neither restricts nor limits any
powers which the state or any municipal corporation might
otherwise have under any laws of this state. [1982 1st ex.s.
c 42 § 16.]
(2002 Ed.)
Community Redevelopment Financing Act
39.88.905 Short title. This chapter may be known
and cited as the Community Redevelopment Financing Act
of 1982. [1982 1st ex.s. c 42 § 1.]
39.88.910 Captions not part of law—1982 1st ex.s.
c 42. As used in this act, captions constitute no part of the
law. [1982 1st ex.s. c 42 § 17.]
39.88.915 Severability—1982 1st ex.s. c 42. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1982 1st ex.s. c 42 § 18.]
Chapter 39.89
COMMUNITY REVITALIZATION FINANCING
Sections
39.89.010
39.89.020
39.89.030
39.89.040
39.89.050
39.89.060
39.89.070
39.89.080
39.89.090
39.89.100
39.89.900
39.89.902
Declaration—Purpose.
Definitions.
Authority—Conditions.
Coordination with other programs—Improvements by private developer must meet applicable state and local
laws.
Procedure for creating increment area.
Public notice—Notice to officials.
Apportionment of taxes.
General indebtedness—Security.
Conclusive presumption of validity.
Revenue bonds.
Supplemental nature of chapter.
Severability—2001 c 212.
39.89.010 Declaration—Purpose. (1) It is declared
to be the public policy of the state of Washington to promote
and facilitate the orderly development and economic stability
of its communities. Local governments need the ability to
raise revenue to finance public improvements that are designed to encourage economic growth and development in
geographic areas characterized by high levels of unemployment and stagnate employment and income growth. The
construction of necessary public improvements in accordance
with local economic development plans will encourage
investment in job-producing private development and expand
the public tax base.
(2) It is the purpose of this chapter:
(a) To encourage taxing districts to cooperate in the
allocation of future tax revenues that are used to finance
public improvements designed to encourage private development in selected areas, in particular in those local governments that are located adjacent to another state or international border;
(b) To assist those local governments that have a
competitive disadvantage in its ability to attract business,
private investment, or commercial development due to its
location near a state or international border; and
(c) To prevent or arrest the decay of selected areas due
to the inability of existing financial methods to provide
needed public improvements, and to encourage private
investment designed to promote and facilitate the orderly
redevelopment of selected areas. [2001 c 212 § 1.]
(2002 Ed.)
39.88.905
39.89.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Assessed value of real property" means the valuation of real property as placed on the last completed assessment roll.
(2) "Local government" means any city, town, county,
port district, or any combination thereof.
(3) "Ordinance" means any appropriate method of taking
legislative action by a local government.
(4) "Public improvements" means:
(a) Infrastructure improvements within the increment
area that include:
(i) Street and road construction and maintenance;
(ii) Water and sewer system construction and improvements;
(iii) Sidewalks and streetlights;
(iv) Parking, terminal, and dock facilities;
(v) Park and ride facilities of a transit authority;
(vi) Park facilities and recreational areas; and
(vii) Storm water and drainage management systems;
and
(b) Expenditures for any of the following purposes:
(i) Providing environmental analysis, professional
management, planning, and promotion within the increment
area, including the management and promotion of retail trade
activities in the increment area;
(ii) Providing maintenance and security for common or
public areas in the increment area; or
(iii) Historic preservation activities authorized under
RCW 35.21.395.
(5) "Public improvement costs" means the costs of: (a)
Design, planning, acquisition, site preparation, construction,
reconstruction, rehabilitation, improvement, and installation
of public improvements; (b) relocating, maintaining, and
operating property pending construction of public improvements; (c) relocating utilities as a result of public improvements; (d) financing public improvements, including interest
during construction, legal and other professional services,
taxes, insurance, principal and interest costs on general
indebtedness issued to finance public improvements, and any
necessary reserves for general indebtedness; (e) assessments
incurred in revaluing real property for the purpose of
determining the tax allocation base value that are in excess
of costs incurred by the assessor in accordance with the
revaluation plan under chapter 84.41 RCW, and the costs of
apportioning the taxes and complying with this chapter and
other applicable law; and (f) administrative expenses and
feasibility studies reasonably necessary and related to these
costs, including related costs that may have been incurred
before adoption of the ordinance authorizing the public
improvements and the use of community revitalization
financing to fund the costs of the public improvements.
(6) "Regular property taxes" means regular property
taxes as defined in RCW 84.04.140, except: (a) Regular
property taxes levied by port districts or public utility
districts specifically for the purpose of making required
payments of principal and interest on general indebtedness;
and (b) regular property taxes levied by the state for the
support of the common schools under RCW 84.52.065.
Regular property taxes do not include excess property tax
[Title 39 RCW—page 97]
39.89.020
Title 39 RCW: Public Contracts and Indebtedness
levies that are exempt from the aggregate limits for junior
and senior taxing districts as provided in RCW 84.52.043.
(7) "Tax allocation base value" means the true and fair
value of real property located within an increment area for
taxes imposed in the year in which the increment area is
created, plus twenty-five percent of any increase in the true
and fair value of real property located within an increment
area that is placed on the assessment rolls after the increment
area is created.
(8) "Tax allocation revenues" means those tax revenues
derived from the imposition of regular property taxes on the
increment value and distributed to finance public improvements.
(9) "Increment area" means the geographic area from
which taxes are to be appropriated to finance public improvements authorized under this chapter.
(10) "Increment value" means seventy-five percent of
any increase in the true and fair value of real property in an
increment area that is placed on the tax rolls after the
increment area is created.
(11) "Taxing districts" means a governmental entity that
levies or has levied for it regular property taxes upon real
property located within a proposed or approved increment
area.
(12) "Value of taxable property" means the value of the
taxable property as defined in RCW 39.36.015. [2001 c 212
§ 2.]
39.89.030 Authority—Conditions. A local government may finance public improvements using community
revitalization financing subject to the following conditions:
(1) The local government adopts an ordinance designating an increment area within its boundaries and specifying
the public improvements proposed to be financed in whole
or in part with the use of community revitalization financing;
(2) The public improvements proposed to be financed in
whole or in part using community revitalization financing are
expected to encourage private development within the
increment area and to increase the fair market value of real
property within the increment area;
(3) Private development that is anticipated to occur
within the increment area, as a result of the public improvements, will be consistent with the countywide planning
policy adopted by the county under RCW 36.70A.210 and
the local government’s comprehensive plan and development
regulations adopted under chapter 36.70A RCW;
(4) Taxing districts, in the aggregate, that levy at least
seventy-five percent of the regular property tax within which
the increment area is located approves the community
revitalization financing of the project under RCW
39.89.050(1); and
(5) In an increment area that includes any portion of a
fire protection district as defined in Title 52 RCW, the fire
protection district must agree to participate in the community
revitalization financing of the project under chapter 212,
Laws of 2001, for the project to proceed. Approval by the
fire protection district shall be considered as part of the required participation by taxing districts under subsection (4)
of this section. [2002 c 12 § 1; 2001 c 212 § 3.]
[Title 39 RCW—page 98]
39.89.040 Coordination with other programs—
Improvements by private developer must meet applicable
state and local laws. (1) Public improvements that are financed with community revitalization financing may be
undertaken and coordinated with other programs or efforts
undertaken by the local government and other taxing districts
and may be funded in part from revenue sources other than
community revitalization financing.
(2) Public improvements that are constructed by a
private developer must meet all applicable state and local
laws. [2002 c 12 § 2; 2001 c 212 § 4.]
39.89.050 Procedure for creating increment area.
Before adopting an ordinance creating the increment area, a
local government must:
(1) Obtain written agreement for the use of community
revitalization financing to finance all or a portion of the
costs of the designated public improvements from taxing
districts that, in the aggregate, levy at least seventy-five
percent of the regular property tax on property within the
increment area. A signed, written agreement from taxing
districts that in the aggregate levy at least seventy-five
percent of the regular property tax within the increment area,
constitutes concurrence by all taxing districts in the increment area in the public improvement and participation in the
public improvement to the extent of providing limited
funding under community revitalization financing authorized
under this chapter. The agreement must be authorized by
the governing body of taxing districts that in the aggregate
levy at least seventy-five percent of the regular property tax
on property within the increment area;
(2) Hold a public hearing on the proposed financing of
the public improvement in whole or in part with community
revitalization financing. Notice of the public hearing must
be published in a legal newspaper of general circulation
within the proposed increment area at least ten days before
the public hearing and posted in at least six conspicuous
public places located in the proposed increment area.
Notices must describe the contemplated public improvements, estimate the costs of the public improvements,
describe the portion of the costs of the public improvements
to be borne by community revitalization financing, describe
any other sources of revenue to finance the public improvements, describe the boundaries of the proposed increment
area, and estimate the period during which community
revitalization financing is contemplated to be used. The public hearing may be held by either the governing body of the
local government, or a committee of the governing body that
includes at least a majority of the whole governing body;
and
(3) Adopt an ordinance establishing the increment area
that describes the public improvements, describes the
boundaries of the increment area, estimates the cost of the
public improvements and the portion of these costs to be financed by community revitalization financing, estimates the
time during which regular property taxes are to be apportioned, provides the date when the apportionment of the
regular property taxes will commence, and finds that the
conditions of RCW 39.89.030 are met. [2001 c 212 § 5.]
(2002 Ed.)
Community Revitalization Financing
39.89.060 Public notice—Notice to officials. The
local government shall:
(1) Publish notice in a legal newspaper of general
circulation within the increment area that describes the
public improvement, describes the boundaries of the increment area, and identifies the location and times where the
ordinance and other public information concerning the public
improvement may be inspected; and
(2) Deliver a certified copy of the ordinance to the
county treasurer, the county assessor, and the governing
body of each taxing district within which the increment area
is located. [2001 c 212 § 6.]
39.89.070 Apportionment of taxes. (1) Commencing
in the calendar year following the passage of the ordinance,
the county treasurer shall distribute receipts from regular
taxes imposed on real property located in the increment area
as follows:
(a) Each taxing district shall receive that portion of its
regular property taxes produced by the rate of tax levied by
or for the taxing district on the tax allocation base value for
that community revitalization financing project in the taxing
district, or upon the total assessed value of real property in
the taxing district, whichever is smaller; and
(b) The local government that created the increment area
shall receive an additional portion of the regular property
taxes levied by or for each taxing district upon the increment
value within the increment area. However, the local government that created the increment area may agree to receive
less than the full amount of this portion as long as bond debt
service, reserve, and other bond covenant requirements are
satisfied, in which case the balance of these tax receipts shall
be allocated to the taxing districts that imposed regular
property taxes, or have regular property taxes imposed for
them, in the increment area for collection that year in
proportion to their regular tax levy rates for collection that
year. The local government may request that the treasurer
transfer this additional portion of the property taxes to its
designated agent. The portion of the tax receipts distributed
to the local government or its agent under this subsection
(1)(b) may only be expended to finance public improvement
costs associated with the public improvements financed in
whole or in part by community revitalization financing.
(2) The county assessor shall allocate twenty-five
percent of any increased real property value occurring in the
increment area to the tax allocation base value and seventyfive percent to the increment value. This section does not
authorize revaluations of real property by the assessor for
property taxation that are not made in accordance with the
assessor’s revaluation plan under chapter 84.41 RCW or
under other authorized revaluation procedures.
(3) The apportionment of increases in assessed valuation
in an increment area, and the associated distribution to the
local government of receipts from regular property taxes that
are imposed on the increment value, must cease when tax
allocation revenues are no longer necessary or obligated to
pay the costs of the public improvements. Any excess tax
allocation revenues and earnings on the tax allocation
revenues remaining at the time the apportionment of tax
receipts terminates must be returned to the county treasurer
and distributed to the taxing districts that imposed regular
(2002 Ed.)
39.89.060
property taxes, or had regular property taxes imposed for it,
in the increment area for collection that year, in proportion
to the rates of their regular property tax levies for collection
that year. [2001 c 212 § 7.]
39.89.080 General indebtedness—Security. (1) A
local government designating an increment area and authorizing the use of community revitalization financing may
incur general indebtedness, and issue general obligation
bonds, to finance the public improvements and retire the
indebtedness in whole or in part from tax allocation revenues
it receives, subject to the following requirements:
(a) The ordinance adopted by the local government
creating the increment area and authorizing the use of
community revitalization financing indicates an intent to
incur this indebtedness and the maximum amount of this
indebtedness that is contemplated; and
(b) The local government includes this statement of the
intent in all notices required by RCW 39.89.050.
(2) The general indebtedness incurred under subsection
(1) of this section may be payable from other tax revenues,
the full faith and credit of the local government, and nontax
income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money
available to the local government for payment of costs of the
public improvements or associated debt service on the
general indebtedness.
(3) In addition to the requirements in subsection (1) of
this section, a local government designating an increment
area and authorizing the use of community revitalization
financing may require the nonpublic participant to provide
adequate security to protect the public investment in the
public improvement within the increment area. [2001 c 212
§ 8.]
39.89.090 Conclusive presumption of validity. A
direct or collateral attack on a public improvement, public
improvement ordinance, or increment area purported to be
authorized or created in conformance with applicable legal
requirements, including this chapter, may not be commenced
more than thirty days after publication of notice as required
by RCW 39.89.060. [2001 c 212 § 9.]
39.89.100 Revenue bonds. (1) A local government
may issue revenue bonds to fund revenue-generating public
improvements, or portions of public improvements, that are
located within an increment area and that it is authorized to
provide or operate. Whenever revenue bonds are to be
issued, the legislative authority of the local government shall
create or have created a special fund or funds from which,
along with any reserves created pursuant to RCW 39.44.140,
the principal and interest on these revenue bonds shall
exclusively be payable. The legislative authority of the local
government may obligate the local government to set aside
and pay into the special fund or funds a fixed proportion or
a fixed amount of the revenues from the public improvements that are funded by the revenue bonds. This amount
or proportion is a lien and charge against these revenues,
subject only to operating and maintenance expenses. The
local government shall have due regard for the cost of
operation and maintenance of the public improvements that
[Title 39 RCW—page 99]
39.89.100
Title 39 RCW: Public Contracts and Indebtedness
are funded by the revenue bonds, and shall not set aside into
the special fund or funds a greater amount or proportion of
the revenues that in its judgment will be available over and
above the cost of maintenance and operation and the amount
or proportion, if any, of the revenue previously pledged.
The local government may also provide that revenue bonds
payable out of the same source or sources of revenue may
later be issued on a parity with any revenue bonds being
issued and sold.
(2) Revenue bonds issued pursuant to this section are
not an indebtedness of the local government issuing the
bonds, and the interest and principal on the bonds shall only
be payable from the revenues lawfully pledged to meet the
principal and interest requirements and any reserves created
pursuant to RCW 39.44.140. The owner or bearer of a
revenue bond or any interest coupon issued pursuant to this
section shall not have any claim against the local government arising from the bond or coupon except for payment
from the revenues lawfully pledged to meet the principal and
interest requirements and any reserves created pursuant to
RCW 39.44.140. The substance of the limitations included
in this subsection shall be plainly printed, written, or engraved on each bond issued pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The legislative authority of the
local government shall by resolution determine for each
revenue bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate
or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable
provisions, if any, and covenants including the refunding of
existing revenue bonds. Facsimile signatures may be used
on the bonds and any coupons. Refunding revenue bonds
may be issued in the same manner as revenue bonds are
issued. [2002 c 12 § 3.]
39.89.900 Supplemental nature of chapter. This
chapter supplements and neither restricts nor limits any
powers which the state or any local government might
otherwise have under any laws of this state. [2001 c 212 §
10.]
39.89.902 Severability—2001 c 212. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2001 c 212 § 31.]
Chapter 39.90
VALIDATION OF BONDS AND
FINANCING PROCEEDINGS
Sections
39.90.010
39.90.020
39.90.030
39.90.050
39.90.060
Definition.
Validation of bonds, proceedings for issuance, sales, etc.
Validation of proceedings to finance or aid in financing.
Revenue bonds—Sale or issuance with greater interest rate
than that specified authorized.
Validation of debts, contracts and obligations regardless of
interest rates.
[Title 39 RCW—page 100]
Cities and towns
sewerage system bonds validated: RCW 35.67.194.
validating indebtedness: Chapter 35.40 RCW.
City and county armory sites: Chapter 36.64 RCW.
Counties: Chapter 36.67 RCW.
County road bonds: RCW 36.76.080.
Funding bonds, validation: RCW 39.52.015.
Irrigation district bonds, validating: See note following RCW 87.19.005.
Metropolitan park districts, validating bonds: See note following RCW
35.61.010.
Municipal utilities, validating bond proceedings: See notes following RCW
35.92.010.
School districts
validating bonds proceedings: RCW 28A.530.010, 28A.530.020, and note
following RCW 39.36.020.
validating indebtedness: Chapter 28A.535 RCW.
Second class cities, validating bonds and proceedings: See note following
RCW 35.23.545.
39.90.010 Definition. As used in this chapter, the
term "public body" means any city, town, district or other
governmental agency created by or under the laws of this
state. [1947 c 242 § 1; Rem. Supp. 1947 § 5616-20.]
39.90.020 Validation of bonds, proceedings for
issuance, sales, etc. All bonds heretofore issued for the
purpose of financing or aiding in the financing of any work,
undertaking, or project by any public body, including all
proceedings for the authorization and issuance of such bonds,
and the sale, execution, and delivery thereof, are hereby
validated, ratified, approved, and confirmed, notwithstanding
any lack of power (other than constitutional) of such public
body, or the governing body or commission or officers
thereof, to authorize and issue such bonds, or to sell,
execute, or deliver the same, and notwithstanding any defects
or irregularities (other than constitutional), including the
failure to publish notices of elections, in such proceedings,
or in such sale, execution or delivery, and notwithstanding
that such governing body or commission or officers may not
have been elected, appointed or qualified for the offices they
purported to hold; and such bonds are and shall be binding,
legal, valid, and enforceable obligations of such public body.
[1947 c 242 § 2; Rem. Supp. 1947 § 5616-21.]
39.90.030 Validation of proceedings to finance or
aid in financing. All proceedings which have been taken
prior to March 19, 1947, for the purpose of financing or
aiding in the financing of any work, undertaking, or project
by any public body, including all proceedings for the
authorization and issuance of bonds and for the sale,
execution, and delivery thereof, are hereby validated, ratified,
approved, and confirmed, notwithstanding any lack of power
(other than constitutional) of such public body, or the
governing body or commission or officers thereof, to
authorize and issue such bonds, or to sell, execute, or deliver
the same, and notwithstanding any defects or irregularities
(other than constitutional) in such proceedings. [1947 c 242
§ 3; Rem. Supp. 1947 § 5616-22.]
39.90.050 Revenue bonds—Sale or issuance with
greater interest rate than that specified authorized. All
revenue bonds, the issuance of which was authorized or
(2002 Ed.)
Validation of Bonds and Financing Proceedings
ratified at a general or special election held within the
issuing jurisdiction prior to July 1, 1970 or the proposition
for the issuance of which will be submitted at such an
election pursuant to action of the legislative authority of the
issuer taken prior to July 1, 1970, may be sold and issued
with an interest rate or rates greater than any interest rate
restriction contained in the ballot proposition or ordinance or
resolution relating to such authorization or ratification.
[1970 ex.s. c 66 § 6.]
39.90.060 Validation of debts, contracts and
obligations regardless of interest rates. All debts, contracts and obligations heretofore made or incurred by or in
favor of the state, state agencies, The Evergreen State
College, community colleges, and regional and state universities, and the political subdivisions, municipal corporations
and quasi municipal corporations of this state, are hereby
declared to be legal and valid and of full force and effect
from the date thereof, regardless of the interest rate borne by
any such debts, contracts and obligations. [1977 ex.s. c 169
§ 93; 1970 ex.s. c 66 § 7.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Chapter 39.92
LOCAL TRANSPORTATION ACT
Sections
39.92.010
39.92.020
39.92.030
39.92.040
39.92.050
39.92.900
39.92.901
Purpose.
Definitions.
Local programs authorized.
Transportation impact fee.
Interlocal cooperation—Consistency and assistance.
Severability—Prospective application—1988 c 179.
Section captions—1988 c 179.
39.92.010 Purpose. The legislature finds that there is
an increasing need for local and regional transportation
improvements as the result of both existing demands and the
foreseeable future demands from economic growth and
development within the state, including residential, commercial, and industrial development.
The legislature intends with this chapter to enable local
governments to develop and adopt programs for the purpose
of jointly funding, from public and private sources, transportation improvements necessitated in whole or in part by
economic development and growth within their respective
jurisdictions. The programs should provide a fair and
predictable method for allocating the cost of necessary
transportation improvements between the public and private
sectors. The programs should include consideration of
public transportation as a method of reducing off-site
transportation impacts from development. The legislature
finds that the private funds authorized to be collected
pursuant to this chapter are for the purpose of mitigating the
impacts of development and are not taxes. The state shall
encourage and give priority to the state funding of local and
regional transportation improvements that are funded in part
by local, public, and private funds.
The authority provided by this chapter, RCW 35.43.182
through 35.43.188, and 36.88.072 through 36.88.078 for
local governments to create and implement local trans(2002 Ed.)
39.90.050
portation programs is intended to be supplemental, except as
expressly provided in RCW 39.92.030(9), 82.02.020, and
36.73.120, to the existing authorities and responsibilities of
local governments to regulate development and provide
public facilities. [1988 c 179 § 1.]
39.92.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Developer" means an individual, group of individuals, partnership, corporation, association, municipal corporation, state agency, or other person undertaking development
and their successors and assigns.
(2) "Development" means the subdivision or short
platting of land or the construction or reconstruction of
residential, commercial, industrial, public, or any other
building, building space, or land.
(3) "Direct result of the proposed development" means
those quantifiable transportation impacts that are caused by
vehicles or pedestrians whose trip origin or destination is the
proposed development.
(4) "Local government" means all counties, cities, and
towns in the state of Washington and transportation benefit
districts created pursuant to chapter 36.73 RCW.
(5) "Off-site transportation improvements" means those
transportation capital improvements designated in the local
plan adopted under this chapter that are authorized to be
undertaken by local government and that serve the
transportation needs of more than one development.
(6) "Transportation impact fee" means a monetary
charge imposed on new development for the purpose of
mitigating off-site transportation impacts that are a direct
result of the proposed development.
(7) "Fair market value" means the price in terms of
money that a property will bring in a competitive and open
market under all conditions of a fair sale, the buyer and
seller each prudently knowledgeable, and assuming the price
is not affected by undue stimulus, measured at the time of
the dedication to local government of land or improved
transportation facilities. [1988 c 179 § 2.]
39.92.030 Local programs authorized. Local
governments may develop and adopt programs for the
purpose of jointly funding, from public and private sources,
transportation improvements necessitated in whole or in part
by economic development and growth within their respective
jurisdictions. Local governments shall adopt the programs
by ordinance after notice and public hearing. Each program
shall contain the elements described in this section.
(1) The program shall identify the geographic boundaries of the entire area or areas generally benefited by the
proposed off-site transportation improvements and within
which transportation impact fees will be imposed under this
chapter.
(2) The program shall be based on an adopted comprehensive, long-term transportation plan identifying the
proposed off-site transportation improvements reasonable and
necessary to meet the future growth needs of the designated
plan area and intended to be covered by this joint funding
program, including acquisition of right of way, construction
and reconstruction of all major and minor arterials and intersection improvements, and identifying design standards,
[Title 39 RCW—page 101]
39.92.030
Title 39 RCW: Public Contracts and Indebtedness
levels of service, capacities, and costs applicable to the
program. The program shall also indicate how the transportation plan is coordinated with applicable transportation plans
for the region and for adjacent jurisdictions. The program
shall also indicate how public transportation and ride-sharing
improvements and services will be used to reduce off-site
transportation impacts from development.
(3) The program shall include at least a six-year capital
funding program, updated annually, identifying the specific
public sources and amounts of revenue necessary to pay for
that portion of the cost of all off-site transportation improvements contained in the transportation plan that will not
foreseeably be funded by transportation impact fees. The
program shall include a proposed schedule for construction
and expenditures of funds. The funding plan shall consider
the additional local tax revenue estimated to be generated by
new development within the plan area if all or a portion of
the additional revenue is proposed to be earmarked as future
appropriations for such off-site transportation improvements.
(4) The program shall authorize transportation impact
fees to be imposed on new development within the plan area
for the purpose of providing a portion of the funding for
reasonable and necessary off-site transportation improvements to solve the cumulative impacts of planned growth
and development in the plan area. Off-site transportation
impacts shall be measured as a pro rata share of the capacity
of the off-site transportation improvements being funded
under the program. The fees shall not exceed the amount
that the local government can demonstrate is reasonably
necessary as a direct result of the proposed development.
(5) The program shall provide that the funds collected
as a result of a particular new development shall be used in
substantial part to pay for improvements mitigating the
impacts of the development or be refunded to the property
owners of record. Fees paid toward more than one transportation improvement may be pooled and expended on any one
of the improvements mitigating the impact of the development. The funds shall be expended in all cases within six
years of collection by the local government or the unexpended funds shall be refunded.
(6) The program shall also describe the formula, timing,
security, credits, and other terms and conditions affecting the
amount and method of payment of the transportation impact
fees as further provided for in RCW 39.92.040. In calculating the amount of the fee, local government shall consider
and give credit for the developer’s participation in public
transportation and ride-sharing improvements and services.
(7) The administrative element of the program shall
include: An opportunity for administrative appeal by the
developer and hearing before an independent examiner of the
amount of the transportation impact fee imposed; establishment of a designated account for the public and private
funds appropriated or collected for the transportation
improvements identified in the plan; methods to enforce collection of the public and private funds identified in the
program; designation of the administrative departments or
other entities responsible for administering the program,
including determination of fee amounts, transportation planning, and construction; and provisions for future amendment
of the program including the addition of other off-site
transportation improvements. The program shall not be
[Title 39 RCW—page 102]
amended in a manner to relieve local government of any
contractual obligations made to prior developers.
(8) The program shall provide that private transportation
impact fees shall not be collected for any off-site transportation improvement that is incapable of being reasonably
carried out because of lack of public funds or other foreseeable impediment.
(9) The program shall provide that no transportation
impact fee may be imposed on a development by local
government pursuant to this program when mitigation of the
same off-site transportation impacts for the development is
being required by any government agency pursuant to any
other local, state, or federal law. [1988 c 179 § 3.]
39.92.040 Transportation impact fee. The program
shall describe the formula or method for calculating the
amount of the transportation impact fees to be imposed on
new development within the plan area. The program may
require developers to pay a transportation impact fee for offsite transportation improvements not yet constructed and for
those jointly-funded improvements constructed since the
commencement of the program.
The program shall define the event in the development
approval process that triggers a determination of the amount
of the transportation impact fees and the event that triggers
the obligation to make actual payment of the fees. However,
the payment obligation shall not commence before the date
the developer has obtained a building permit for the new
development or, in the case of residential subdivisions or
short plats, at the time of final plat approval, at the
developer’s option. If the developer of a residential subdivision or short plat elects to pay the fee at the date a building
permit has been obtained, the option to pay the transportation
impact fee by installments as authorized by this section is
deemed to have been waived by the developer. The developer shall be given the option to pay the transportation
impact fee in a lump sum, without interest, or by installment
with reasonable interest over a period of five years or more
as specified by the local government.
The local government shall require security for the
obligation to pay the transportation impact fee, in the form
of a recorded agreement, deed of trust, letter of credit, or
other instrument determined satisfactory by the local government. The developer shall also be given credit against its
obligations for the transportation impact fee, for the fair
market value of off-site land and/or the cost of constructing
off-site transportation improvements dedicated to the local
government. If the value of the dedication exceeds the
amount of transportation impact fee obligation, the developer
is entitled to reimbursement from transportation impact fees
attributable to the dedicated improvements and paid by
subsequent developers within the plan area.
Payment of the transportation impact fee entitles the
developer and its successors and assigns to credit against any
other fee, local improvement district assessment, or other
monetary imposition made specifically for the designated
off-site transportation improvements intended to be covered
by the transportation impact fee imposed pursuant to this
program. The program shall also define the criteria for
establishing periodic fee increases attributable to construction
(2002 Ed.)
Local Transportation Act
and related cost increases for the improvements designated
in the program. [1989 c 296 § 1; 1988 c 179 § 4.]
39.92.050 Interlocal cooperation—Consistency and
assistance. Local governments are authorized and encouraged to enter into interlocal agreements to jointly develop
and adopt with other local governments the transportation
programs authorized by this chapter for the purpose of
accomplishing regional transportation planning and development. Local governments shall also seek, to the greatest
degree practicable, consistency among jurisdictions in the
terms and conditions of their programs for the purpose of
increasing fairness and predictability on a regional basis.
Local governments shall seek comment, in the development
of their programs, from other affected local governments,
state agencies, and governments authorized to perform public
transportation functions. Local governments are also
encouraged to enter into interlocal agreements to provide
technical assistance to each other, in return for reasonable
reimbursement, for the purpose of developing and implementing such transportation programs. [1988 c 179 § 5.]
39.92.900 Severability—Prospective application—
1988 c 179. If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. This act is intended to be
prospective, not retroactive, in its application. [1988 c 179
§ 17.]
39.92.901 Section captions—1988 c 179. Section
captions used in this act do not constitute any part of the
law. [1988 c 179 § 18.]
Chapter 39.94
FINANCING CONTRACTS
Sections
39.94.010
39.94.020
39.94.030
39.94.040
39.94.050
39.94.900
Purposes—Construction.
Definitions.
Authority to enter into financing contracts—Terms—
Intent—Obligation of state revenues.
State finance committee—Duties—Legislative approval required, when.
Financing program to be self-supporting—Payment of program expenses.
Application.
39.94.010 Purposes—Construction. The purposes of
this chapter are to confirm the authority of the state, its
agencies, departments, and instrumentalities, the state board
for community and technical colleges, and the state institutions of higher education to enter into contracts for the
acquisition of real and personal property which provide for
payments over a term of more than one year and to exclude
such contracts from the computation of indebtedness under
RCW 39.42.060 and Article VIII, section 1 of the state
Constitution. It is further the purpose of this chapter to
permit the state, its agencies, departments, and instrumentalities, the state board for community and technical colleges,
and the state institutions of higher education to enter into
financing contracts which make provision for the issuance of
(2002 Ed.)
39.92.040
certificates of participation and other financing structures.
Financing contracts of the state, whether or not entered into
under this chapter, shall be subject to approval by the state
finance committee except as provided in this chapter.
This chapter shall be liberally construed to effect its
purposes. [1998 c 291 § 2; 1989 c 356 § 1.]
Application—1998 c 291: See note following RCW 39.94.050.
39.94.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Credit enhancement" includes insurance, letters of
credit, lines of credit, or other similar agreements which
enhance the security for the payment of the state’s or an
other agency’s obligations under financing contracts.
(2) "Financing contract" means any contract entered into
by the state for itself or on behalf of an other agency which
provides for the use and purchase of real or personal
property by the state and provides for payment by the state
over a term of more than one year, and which provides that
title to the subject property may secure performance of the
state or transfer to the state or an other agency by the end of
the term, upon exercise of an option, for a nominal amount
or for a price determined without reference to fair market
value. Financing contracts shall include, but not be limited
to, conditional sales contracts, financing leases, lease
purchase contracts, or refinancing contracts, but shall not
include operating or true leases. For purposes of this
chapter, the term "financing contract" shall not include any
nonrecourse financing contract or other obligation payable
only from money or other property received from private
sources and not payable from any public money or property.
The term "financing contract" shall include a "master
financing contract."
(3) "Master financing contract" means a financing
contract which provides for the use and purchase of property
by the state, and which may include more than one financing
contract and appropriation.
(4) "Other agency" means any commission established
under Title 15 RCW, a library or regional library, an
educational service district, the superintendent of public
instruction, the school directors’ association, a health district,
or any county, city, town, school district, or other municipal
corporation or quasi-municipal corporation described as such
by statute.
(5) "State" means the state, agency, department, or
instrumentality of the state, the state board for community
and technical colleges, and any state institution of higher
education.
(6) "State finance committee" means the state finance
committee under chapter 43.33 RCW.
(7) "Trustee" means a bank or trust company, within or
without the state, authorized by law to exercise trust powers.
[1998 c 291 § 3; 1990 c 47 § 3; 1989 c 356 § 2.]
Application—1998 c 291: See note following RCW 39.94.050.
39.94.030 Authority to enter into financing contracts—Terms—Intent—Obligation of state revenues. (1)
The state may enter into financing contracts for itself or on
behalf of an other agency for the use and acquisition for
public purposes of real and personal property. Payments
[Title 39 RCW—page 103]
39.94.030
Title 39 RCW: Public Contracts and Indebtedness
under financing contracts of the state shall be made by the
state from currently appropriated funds or funds not constituting "general state revenues" as defined in Article VIII,
section 1 of the state Constitution. Except as provided in
subsection (4)(b) of this section, payments under financing
contracts of the state on behalf of any other agency shall be
made solely from the sources identified in the financing
contract, which may not obligate general state revenues as
defined in Article VII, section 1 of the state Constitution.
The treasurer of an other agency shall remit payments under
financing contracts to the office of the state treasurer or to
the state treasurer’s designee. In the event of any deficiency
of payments by an other agency under a financing contract,
the treasurer of the other agency shall transfer any legally
available funds of the other agency in satisfaction of the
other agency’s obligations under the financing contract if
such funds have been obligated by the other agency under
the financing contract and, if such deficiency is not thereby
cured, the office of the state treasurer is directed to withdraw
from that agency’s share of state revenues for distribution or
other money an amount sufficient to fulfill the terms and
conditions of the financing contract. The term of any
financing contract shall not exceed thirty years or the
remaining useful life of the property, whichever is shorter.
Financing contracts may include other terms and conditions
agreed upon by the parties.
(2) The state for itself or on behalf of an other agency
may enter into contracts for credit enhancement, which shall
limit the recourse of the provider of credit enhancement
solely to the security provided under the financing contract
secured by the credit enhancement.
(3) The state or an other agency may grant a security
interest in real or personal property acquired under financing
contracts. The security interest may be perfected as provided by the uniform commercial code - secured transactions,
or otherwise as provided by law for perfecting liens on real
estate. Other terms and conditions may be included as
agreed upon by the parties.
(4)(a) Except under (b) of this subsection, financing
contracts and contracts for credit enhancement entered into
under the limitations set forth in this chapter shall not
constitute a debt or the contracting of indebtedness under
RCW 39.42.060 or any other law limiting debt of the state.
It is the intent of the legislature that such contracts also shall
not constitute a debt or the contracting of indebtedness under
Article VIII, section 1 of the state Constitution. Certificates
of participation in payments to be made under financing
contracts also shall not constitute a debt or the contracting of
an indebtedness under RCW 39.42.060 if payment is
conditioned upon payment by the state under the financing
contract with respect to which the same relates. It is the
intent of the legislature that such certificates also shall not
constitute a debt or the contracting of indebtedness under
Article VIII, section 1 of the state Constitution if payment of
the certificates is conditioned upon payment by the state
under the financing contract with respect to which those
certificates relate.
(b) A financing contract made by the state on behalf of
an other agency may be secured by the pledge of revenues
of the other agency or other agency’s full faith and credit or
may, at the option of the state finance committee, include a
[Title 39 RCW—page 104]
contingent obligation by the state for payment under such
financing contract. [1998 c 291 § 4; 1989 c 356 § 3.]
Application—1998 c 291: See note following RCW 39.94.050.
39.94.040 State finance committee—Duties—
Legislative approval required, when. (1) Except as
provided in RCW 28B.10.022 and chapter 28B.140 RCW,
the state may not enter into any financing contract for itself
if the aggregate principal amount payable thereunder is
greater than an amount to be established from time to time
by the state finance committee or participate in a program
providing for the issuance of certificates of participation,
including any contract for credit enhancement, without the
prior approval of the state finance committee. Except as
provided in RCW 28B.10.022, the state finance committee
shall approve the form of all financing contracts or a
standard format for all financing contracts. The state finance
committee also may:
(a) Consolidate existing or potential financing contracts
into master financing contracts with respect to property
acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical
colleges, or a state institution of higher learning; or to be
acquired by an other agency;
(b) Approve programs providing for the issuance of
certificates of participation in master financing contracts for
the state or for other agencies;
(c) Enter into agreements with trustees relating to master
financing contracts; and
(d) Make appropriate rules for the performance of its
duties under this chapter.
(2) In the performance of its duties under this chapter,
the state finance committee may consult with representatives
from the department of general administration, the office of
financial management, and the department of information
services.
(3) With the approval of the state finance committee, the
state also may enter into agreements with trustees relating to
financing contracts and the issuance of certificates of
participation.
(4) The state may not enter into any financing contract
for real property of the state without prior approval of the
legislature.
(5) The state may not enter into any financing contract
on behalf of an other agency without the approval of such a
financing contract by the governing body of the other
agency. [2002 c 151 § 6; 1998 c 291 § 5; 1989 c 356 § 4.]
Application—1998 c 291: See note following RCW 39.94.050.
39.94.050 Financing program to be self-supporting—Payment of program expenses. (1) It is the intent of
the legislature that the financing program authorized by this
chapter be self-supporting.
(2) The state treasurer is authorized to levy fees and
apply specified investment earnings from time to time in
amounts not to exceed sums sufficient to pay program
expenses including, but not limited to, costs of issuance, and
to create reserves to assure timely payment of financing
contracts. The investment earnings available for this purpose
represent the earnings on payments received from state and
other agencies. [1998 c 291 § 1.]
(2002 Ed.)
Financing Contracts
Application—1998 c 291: "Chapter 291, Laws of 1998 is applicable
to an other agency, as defined in RCW 39.94.020, for the financing of
equipment on September 1, 1998, and for the financing of real estate on
July 1, 2000." [1998 c 291 § 6.]
39.94.900 Application. The provisions of this chapter
shall apply to all financing contracts entered into following
July 23, 1989. [1989 c 356 § 5.]
Chapter 39.96
PAYMENT AGREEMENTS
Sections
39.96.010
39.96.020
39.96.030
39.96.040
39.96.050
39.96.060
39.96.070
39.96.080
39.96.900
39.96.901
39.96.902
39.96.903
Findings and declaration—Twelve-year expiration.
Definitions.
Payment agreements authorized—Conditions.
Terms and conditions.
Payments—Credit enhancements.
Calculations regarding payment of obligations—Status of
payments.
Payment agreements not allowed after June 30, 2005—
Exception.
Authority cumulative.
Liberal construction—1993 c 273.
Captions not law—1993 c 273.
Severability—1993 c 273.
Effective date—1993 c 273.
39.96.010 Findings and declaration—Twelve-year
expiration. The legislature finds and declares that the
issuance by state and local governments of bonds and other
obligations involves exposure to changes in interest rates;
that a number of financial instruments are available to lower
the net cost of these borrowings, or to reduce the exposure
of state and local governments to changes in interest rates;
that these reduced costs for state and local governments will
benefit taxpayers and ratepayers; and that the legislature
desires to provide state and local governments with express
statutory authority to take advantage of these instruments.
In recognition of the complexity of these financial instruments, the legislature desires that this authority be subject to
certain limitations, and be granted for a period of twelve
years. [2000 c 184 § 1; 1995 c 192 § 1; 1993 c 273 § 1.]
Effective date—2000 c 184: "This act takes effect July 1, 2000."
[2000 c 184 § 7.]
Effective date—1995 c 192: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 192 § 3.]
39.96.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Financial advisor" means a financial services or
financial advisory firm:
(a) With recognized knowledge and experience in
connection with the negotiation and execution of payment
agreements;
(b) That is acting solely as financial advisor to the
governmental entity in connection with the execution of the
payment agreement and the issuance or incurring of any
related obligations, and not as a principal, placement agent,
purchaser, underwriter, or other similar party, and that does
(2002 Ed.)
39.94.050
not control, nor is it controlled by or under common control
with, any such party;
(c) That is compensated for its services in connection
with the execution of payment agreements, either directly or
indirectly, solely by the governmental entity; and
(d) Whose compensation is not based on a percentage
of the notional amount of the payment agreement or of the
principal amount of any related obligations.
(2) "Governmental entity" means state government or
local government.
(3) "Local government" means any city, county, port
district, or public utility district, or any joint operating
agency formed under RCW 43.52.360, that has or will have
outstanding obligations in an aggregate principal amount of
at least one hundred million dollars as of the date a payment
agreement is executed or is scheduled by its terms to
commence or had at least one hundred million dollars in
gross revenues during the preceding calendar year.
(4) "Obligations" means bonds, notes, bond anticipation
notes, commercial paper, or other obligations for borrowed
money, or lease, installment purchase, or other similar
financing agreements or certificates of participation in such
agreements.
(5) "Payment agreement" means a written agreement
which provides for an exchange of payments based on
interest rates, or for ceilings or floors on these payments, or
an option on these payments, or any combination, entered
into on either a current or forward basis.
(6) "State government" means (a) the state of Washington, acting by and through its state finance committee, (b)
the Washington health care facilities authority, (c) the
Washington higher education facilities authority, (d) the
Washington state housing finance commission, or (e) the
state finance committee upon adoption of a resolution
approving a payment agreement on behalf of any state institution of higher education as defined under RCW
28B.10.016: PROVIDED, That such approval shall not
constitute the pledge of the full faith and credit of the state,
but a pledge of only those funds specified in the approved
agreement. [1993 c 273 § 2.]
39.96.030 Payment agreements authorized—
Conditions. (1) Subject to subsections (2) and (3) of this
section, any governmental entity may enter into a payment
agreement in connection with, or incidental to, the issuance,
incurring, or carrying of specific obligations, for the purpose
of managing or reducing the governmental entity’s exposure
to fluctuations or levels of interest rates. No governmental
entity may carry on a business of acting as a dealer in
payment agreements. Nothing in this chapter shall be
construed to provide governmental entities with separate or
additional authority to invest funds or moneys relating to or
held in connection with any obligations.
(2) No governmental entity may enter into a payment
agreement under this chapter unless it first:
(a) Finds and determines, by ordinance or resolution,
that the payment agreement, if fully performed by all parties
thereto, will (i) reduce the amount or duration of its exposure to changes in interest rates; or (ii) result in a lower net
cost of borrowing with respect to the related obligations;
[Title 39 RCW—page 105]
39.96.030
Title 39 RCW: Public Contracts and Indebtedness
(b) Obtains, on or prior to the date of execution of the
payment agreement, a written certification from a financial
advisor that (i) the terms and conditions of the payment
agreement and any ancillary agreements, including without
limitation, the interest rate or rates and any other amounts
payable thereunder, are commercially reasonable in light of
then existing market conditions; and (ii) the finding and
determination contained in the ordinance or resolution
required by (a) of this subsection is reasonable.
(3) Prior to selecting the other party to a payment
agreement, a governmental entity shall solicit and give due
consideration to proposals from at least two entities that
meet the criteria set forth in RCW 39.96.040(2). Such
solicitation and consideration shall be conducted in such
manner as the governmental entity shall determine is
reasonable. [2000 c 184 § 2; 1993 c 273 § 3.]
Effective date—2000 c 184: See note following RCW 39.96.010.
39.96.040 Terms and conditions. (1) Subject to
subsections (2), (3), and (4) of this section, payment agreements entered into by any governmental entity may include
those payment, term, security, default, remedy, termination,
and other terms and conditions, and may be with those
parties, as the governmental entity deems reasonably
necessary or desirable.
(2) No governmental entity may enter into a payment
agreement under this chapter unless:
(a) The other party to the agreement has a rating from
at least two nationally recognized credit rating agencies, as
of the date of execution of the agreement, that is within the
two highest long-term investment grade rating categories,
without regard to subcategories, or the payment obligations
of the party under the agreement are unconditionally guaranteed by an entity that then has the required ratings; or
(b)(i) The other party to the agreement has a rating from
at least two nationally recognized credit rating agencies, as
of the date of execution of the agreement, that is within the
three highest long-term investment grade rating categories,
without regard to subcategories, or the payment obligations
of the party under the agreement are unconditionally guaranteed by an entity that has the required ratings; and
(ii) The payment obligations of the other party under the
agreement are collateralized by direct obligations of, or
obligations the principal and interest on which are guaranteed by, the United States of America, that (A) are deposited
with the governmental entity or an agent of the governmental
entity; and (B) maintain a market value of not less than one
hundred two percent of the net market value of the payment
agreement to the governmental entity, as such net market
value may be defined and determined from time to time
under the terms of the payment agreement.
(3) No governmental entity may enter into a payment
agreement with a party who qualifies under subsection (2)(a)
of this section unless the payment agreement provides that,
in the event the credit rating of the other party or its guarantor falls below the level required by subsection (2)(a) of
this section, such party will comply with the collateralization
requirements contained in subsection (2)(b) of this section.
(4) No governmental entity may enter into a payment
agreement unless:
[Title 39 RCW—page 106]
(a) The notional amount of the payment agreement does
not exceed the principal amount of the obligations with
respect to which the payment agreement is made; and
(b) The term of the payment agreement does not exceed
the final term of the obligations with respect to which the
payment agreement is made. [1993 c 273 § 4.]
39.96.050 Payments—Credit enhancements. (1)
Subject to any covenants or agreements applicable to the
obligations issued or incurred by the governmental entity,
any payments required to be made by the governmental
entity under a payment agreement entered into in connection
with the issuance, incurring, or carrying of those obligations
may be made from money set aside or pledged to pay or
secure the payment of those obligations or from any other
legally available source.
(2) Any governmental entity may enter into credit
enhancement, liquidity, line of credit, or other similar
agreements in connection with, or incidental to, the execution of a payment agreement. The credit enhancement,
liquidity, line of credit, or other similar agreement may
include those payment, term, security, default, remedy,
termination, and other terms and conditions, and may be
with those parties, as the governmental entity deems reasonably necessary or desirable. [1993 c 273 § 5.]
39.96.060 Calculations regarding payment of
obligations—Status of payments. (1) Subject to any
covenants or agreements applicable to the obligations issued
or incurred by the governmental entity, if the governmental
entity enters into a payment agreement with respect to those
obligations, then it may elect to treat the amounts payable
from time to time with respect to those obligations as the
amounts payable after giving effect to the payment agreement for the purposes of calculating:
(a) Rates and charges to be imposed by a revenueproducing enterprise if the revenues are pledged or used to
pay those obligations;
(b) Any taxes to be levied and collected to pay those
obligation[s]; and
(c) Payments or debt service on those obligations for
any other purpose.
(2) A payment agreement and any obligation of the
governmental entity to make payments under the agreement
in future fiscal years shall not constitute debt or indebtedness
of the governmental entity for purposes of state constitutional and statutory debt limitation provisions if the obligation to
make any payments is contingent upon the performance of
the other party or parties to the agreement, and no moneys
are paid to the governmental entity under the payment
agreement that must be repaid in future fiscal years. [1993
c 273 § 6.]
39.96.070 Payment agreements not allowed after
June 30, 2005—Exception. (1) Except as provided in
subsection (3) of this section, no governmental entity may
enter a payment agreement under RCW 39.96.030 after June
30, 2005.
(2) The termination of authority to enter payment
agreements after June 30, 2005, shall not affect the validity
(2002 Ed.)
Payment Agreements
of any payment agreements or other contracts entered into
under RCW 39.96.030 on or before that date.
(3) A governmental entity may enter into a payment
agreement under and in accordance with this chapter after
June 30, 2005, to replace a payment agreement that relates
to specified obligations issued on or before that date and that
has terminated before the final term of those obligations.
[2000 c 184 § 3; 1998 c 245 § 35; 1995 c 192 § 2; 1993 c
273 § 7.]
Effective date—2000 c 184: See note following RCW 39.96.010.
Effective date—1995 c 192: See note following RCW 39.96.010.
39.96.080 Authority cumulative. The powers
conferred by this chapter are in addition to, and not in
substitution for, the powers conferred by any existing law,
and the limitations imposed by this chapter do not directly
or indirectly modify, limit, or affect the powers conferred by
any existing law. [1993 c 273 § 8.]
39.96.900 Liberal construction—1993 c 273. This
chapter shall be liberally construed to effect its purposes.
[1993 c 273 § 9.]
39.96.901 Captions not law—1993 c 273. Captions
used in this chapter do not constitute any part of the law.
[1993 c 273 § 10.]
39.96.902 Severability—1993 c 273. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 273 § 11.]
39.96.903 Effective date—1993 c 273. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 7, 1993]. [1993 c 273 § 13.]
Chapter 39.98
SCHOOL DISTRICT CREDIT
ENHANCEMENT PROGRAM
Sections
39.98.010
39.98.020
39.98.030
39.98.040
39.98.050
39.98.060
39.98.070
39.98.080
39.98.900
Finding—School district debt obligation not removed.
Definitions.
Bonds guaranteed by full faith, credit, and taxing power of
the state—Reference to chapter on face of bond conclusively establishes guaranty.
Certificate issued by state treasurer evidence of guaranty—
Limitations on issuance of guaranteed bonds—Fees.
Debt service payments—Notifications upon nonpayment—
Payments by state treasurer—Repayment.
Reimbursement of state-paid debt service payments—
Interest and penalties—Legal actions—Revision of
collection of taxes to meet obligations.
Appropriation required.
Adoption of rules.
Contingent effective date—1999 c 273.
39.98.010 Finding—School district debt obligation
not removed. The legislature finds that implementation of
(2002 Ed.)
39.96.070
the credit enhancement program provided for in this chapter
can provide substantial savings to the taxpayers of the state
of Washington with minimal cost or risk to the state government. The guaranty provided by pledging the credit of
the state to the payment of voter-approved school district
general obligation bonds will encourage lower interest rates,
and therefore lower taxes, for such bonds than school districts alone can command, despite the excellent credit history
of such obligations. Any such guarantee does not remove
the debt obligation of the school district and is not state debt.
[1999 c 273 § 1.]
39.98.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Bond" means any voted general obligation bond
issued by a school district, holding a certificate issued
pursuant to this chapter for such a bond.
(2) "Credit enhancement program" means the school
district bond guaranty established by this chapter.
(3) "General obligation bond" means any bond, note,
warrant, certificate of indebtedness, or other obligation of a
district that constitutes an indebtedness within the meaning
of any applicable constitutional or statutory debt limitations.
(4) "Paying agent" means the paying agent selected,
from time to time, for a bond issue pursuant to state law.
(5) "Refunding bond" means any general obligation
bond issued by a district for the purpose of refunding its
outstanding general obligation bonds.
(6) "School district" or "district" means any school
district existing now or later under the laws of the state.
[1999 c 273 § 2.]
39.98.030 Bonds guaranteed by full faith, credit,
and taxing power of the state—Reference to chapter on
face of bond conclusively establishes guaranty. (1)(a) The
full faith, credit, and taxing power of the state is pledged to
guarantee full and timely payment of the principal of and
interest on bonds as such payments become due. However,
in the event of any acceleration of the due date of the
principal by reason of mandatory redemption or acceleration
resulting from default, the payments guaranteed shall be
made in the amounts and at the times as payments of
principal would have been due had there not been any
acceleration.
(b) This guaranty does not extend to the payment of any
redemption premium.
(c) Reference to this chapter by its title on the face of
any bond conclusively establishes the guaranty provided to
that bond under the provisions of this chapter.
(2)(a) The state pledges to and agrees with the owners
of any bonds that the state will not alter, impair, or limit the
rights vested by the credit enhancement program with respect
to the bonds until the bonds, together with applicable
interest, are fully paid and discharged. However, this
chapter does not preclude an alteration, impairment, or
limitation if full provision is made by law for the payment
of the bonds.
(b) Each district may refer to this pledge and undertaking by the state in its bonds.
[Title 39 RCW—page 107]
39.98.030
Title 39 RCW: Public Contracts and Indebtedness
(3) Only validly issued bonds issued after January 1,
2000, may be guaranteed under this chapter. [1999 c 273 §
3.]
39.98.040 Certificate issued by state treasurer
evidence of guaranty—Limitations on issuance of guaranteed bonds—Fees. (1)(a) Any district, by resolution of its
board of directors, may request that the state treasurer issue
a certificate evidencing the state’s guaranty, under this
chapter, of its bonds.
(b) After reviewing the request, if the state treasurer determines that the district is eligible under rules adopted by
the state finance committee, the state treasurer shall promptly
issue the certificate as to specific bonds of the district and
provide it to the requesting district.
(c)(i) The district receiving the certificate and all other
persons may rely on the certificate as evidencing the
guaranty for bonds issued within one year from and after the
date of the certificate, without making further inquiry during
that year.
(ii) The certificate of eligibility is valid for one year
even if the state treasurer later determines that the school
district is ineligible.
(2) Any district that chooses to forego the benefits of
the guaranty provided by this chapter for a particular issue
of bonds may do so by not referring to this chapter on the
face of its bonds.
(3) Any district that has bonds, the principal of or
interest on which has been paid, in whole or in part, by the
state under this chapter, may not issue any additional bonds
guaranteed by this chapter until:
(a) All payment obligations of the district to the state
under the credit enhancement program are satisfied; and
(b) The state treasurer and the state superintendent of
public instruction each certify in writing, to be kept on file
by the state treasurer and the state superintendent of public
instruction, that the district is fiscally solvent.
(4) The state finance committee may establish by rule
fees sufficient to cover the costs of administering this
chapter. [1999 c 273 § 4.]
39.98.050 Debt service payments—Notifications
upon nonpayment—Payments by state treasurer—
Repayment. (1)(a) The county treasurer for each district
with outstanding, unpaid bonds shall transfer money sufficient for each scheduled debt service payment to its paying
agent on or before any principal or interest payment date for
the bonds.
(b) A county treasurer who is unable to transfer a
scheduled debt service payment to the paying agent on the
transfer date shall immediately notify the paying agent and
the state treasurer by:
(i) Telephone;
(ii) A writing sent by facsimile or electronic transmission; and
(iii) A writing sent by first class United States mail.
(2) If sufficient funds are not transferred to the paying
agent as required by subsection (1) of this section, the
paying agent shall immediately notify the state treasurer of
that failure by:
(a) Telephone;
[Title 39 RCW—page 108]
(b) A writing sent by facsimile or electronic transmission; and
(c) A writing sent by first class United States mail.
(3)(a) If sufficient money to pay the scheduled debt
service payment have not been so transferred to the paying
agent, the state treasurer shall, forthwith, transfer sufficient
money to the paying agent to make the scheduled debt
service payment.
(b) The payment by the state treasurer:
(i) Discharges the obligation of the issuing district to its
bond owners for the payment, but does not retire any bond
that has matured. The terms of that bond remain in effect
until the state is repaid; and
(ii) Transfers the rights represented by the general
obligation of the district from the bond owners to the state.
(c) The district shall repay to the state the money so
transferred as provided in this chapter. [1999 c 273 § 5.]
39.98.060 Reimbursement of state-paid debt service
payments—Interest and penalties—Legal actions—
Revision of collection of taxes to meet obligations. (1)
Any district that has issued bonds for which the state has
made all or part of a debt service payment shall:
(a) Reimburse all money drawn by the state treasurer on
its behalf;
(b) Pay interest to the state on all money paid by the
state from the date that money was drawn to the date the
state is repaid at a rate to be prescribed by rule by the state
finance committee; and
(c) Pay all penalties required by this chapter.
(2)(a) The state treasurer shall establish the reimbursement interest rate after considering the circumstances of any
prior draws by the district on the state, market interest and
penalty rates, and the cost of funds or opportunity cost of
investments, if any, that were required to be borrowed or
liquidated by the state to make payment on the bonds.
(b) The state treasurer may, after considering the
circumstances giving rise to the failure of the district to
make payment on its bonds in a timely manner, impose on
the district a penalty of not more than five percent of the
amount paid by the state pursuant to its guaranty for each
instance in which a payment by the state is made.
(3)(a)(i) If the state treasurer determines that amounts
obtained under this chapter will not reimburse the state in
full within one year from the state’s payment of a district’s
scheduled debt service payment, the state treasurer may
pursue any legal action, including mandamus, against the
district to compel it to meet its repayment obligations to the
state.
(ii) In pursuing its rights under (a)(i) of this subsection,
the state shall have the same substantive and procedural
rights as would a holder of the bonds of a district. If and to
the extent that the state has made payments to the holders of
bonds of a district under RCW 39.98.050 and has not been
reimbursed by the district, the state shall be subrogated to
the rights of those bond holders.
(iii) The state treasurer may also direct the district and
the appropriate county officials to restructure and revise the
collection of taxes for the payment of bonds on which the
state treasurer has made payments under this chapter and, to
the extent permitted by law, may require that the proceeds
(2002 Ed.)
School District Credit Enhancement Program
39.98.060
of such taxes be applied to the district’s obligations to the
state if all outstanding obligations of the school district
payable from such taxes are fully paid or their payment is
fully provided for.
(b) The district shall pay the fees, expenses, and costs
incurred by the state in recovering amounts paid under the
guaranty authorized by this chapter. [1999 c 273 § 6.]
39.98.070 Appropriation required. In order to effect
the provisions of Article VIII, section 1(e) of the state
Constitution, Senate Joint Resolution No. 8206, the legislature shall make provision for such amounts as may be
required to make timely payments under the state school
district credit enhancement program under this chapter in
each and every biennial appropriations act. [1999 c 273 §
7.]
39.98.080 Adoption of rules. The state finance
committee may adopt, under chapter 34.05 RCW, all rules
necessary and appropriate for the implementation and
administration of this chapter. [1999 c 273 § 8.]
39.98.900 Contingent effective date—1999 c 273.
This act takes effect January 1, 2000, if the proposed
amendment to Article VIII, section 1 of the state Constitution, guaranteeing the general obligation debt of school
districts, is validly submitted to and is approved and ratified
by the voters at the next general election. If the proposed
amendment is not approved and ratified, this act is void in
its entirety. [1999 c 273 § 10.]
Reviser’s note: 1999 Senate Joint Resolution No. 8206 was approved
at the November 1999 general election. See Article VIII, section 1 and
Amendment 78 of the state Constitution.
(2002 Ed.)
[Title 39 RCW—page 109]
Title 40
PUBLIC DOCUMENTS, RECORDS, AND PUBLICATIONS
Chapters
40.04
Public documents.
40.06
State publications distribution center.
40.07
Management and control of state publications.
40.10
Microfilming of records to provide continuity
of civil government.
40.14
Preservation and destruction of public records.
40.16
Penal provisions.
40.20
Reproduced records for governments and
business.
40.24
Address confidentiality for victims of domestic violence, sexual assault, and stalking.
Disclosure of public records: Chapter 42.17 RCW.
Historical materials, preservation: Chapter 27.48 RCW.
Minutes of governmental agencies open to public inspection: RCW
42.32.030.
Newspapers: Chapter 19.56 RCW.
Public documents as evidence: Chapter 5.44 RCW.
Publication of legal notices: Chapter 65.16 RCW.
Recording, registration, and legal publication: Title 65 RCW.
Records and exhibits of superior court, destruction, reproduction: RCW
36.23.065, 36.23.067, 36.23.070.
State records
secretary of state as custodian: RCW 43.07.040.
to be kept at the seat of government: State Constitution Art. 3 § 24.
Uniform business records as evidence act: Chapter 5.45 RCW.
Uniform photographic copies of business and public records as evidence
act: Chapter 5.46 RCW.
Chapter 40.04
PUBLIC DOCUMENTS
Sections
40.04.030
Session laws, legislative journals, supreme court and court
of appeals reports—Duties of public printer, publisher.
40.04.035 Temporary edition of session laws—Distribution and sale.
40.04.040 Permanent edition of session laws—Distribution, sale, exchange—Sale of surplus copies.
40.04.090 Legislative journals—Distribution, sale, exchange.
40.04.100 Supreme court and court of appeals reports—Distribution,
exchange—Duties of reporter of decisions.
40.04.110 Supreme court and court of appeals reports—Provision by
publisher to reporter.
Attorney general to give written opinions: RCW 43.10.030.
Revised Code of Washington, publication: Chapter 1.08 RCW.
Session laws, publication, etc.: Chapter 44.20 RCW.
Supreme court reports, publication: Chapter 2.32 RCW, RCW 43.78.070.
40.04.030 Session laws, legislative journals, supreme
court and court of appeals reports—Duties of public
printer, publisher. The public printer shall deliver to the
statute law committee all bound volumes of the session laws.
(2002 Ed.)
The public printer shall deliver the house and senate journals
as they are published to the chief clerk of the house of
representatives and the secretary of the senate, as appropriate. The publisher of the supreme court reports and the
court of appeals reports of the state of Washington shall
deliver the copies that are purchased by the supreme court
for the use of the state to the state law librarian. [1995 c 24
§ 1; 1971 c 42 § 2; 1941 c 150 § 3; Rem. Supp. 1941 §
8217-3.]
40.04.035 Temporary edition of session laws—
Distribution and sale. The statute law committee, after
each legislative session, shall furnish one temporary bound
copy of each act as published under chapter 44.20 RCW to
each requesting member of the legislature at which such law
was enacted, and to each requesting state department or
division thereof, commission, committee, board, and council,
and to community colleges. Copies shall be furnished to the
senate and the house of representatives as may be requested.
Two copies shall be furnished the administrator for the
courts. One copy shall be furnished for each assistant
attorney general; and one copy each to the Olympia representatives of the Associated Press and the United Press.
Each county auditor shall submit each year to the statute
law committee a list of county officials requiring temporary
session laws for official use only, and the auditor shall
receive and distribute such copies to the county officials.
There shall be a charge established by the statute law
committee for each of the complete sets of such temporary
publications when delivered to any person, firm, corporation,
or institution excepting the persons and institutions named in
this section. All moneys received from the sale of such
temporary sets shall be transmitted to the state treasurer, who
shall deposit them in the state treasury to the credit of the
general fund. [1995 c 24 § 2; 1982 1st ex.s. c 32 § 5.]
Publication of temporary edition of session laws: RCW 44.20.030.
40.04.040 Permanent edition of session laws—
Distribution, sale, exchange—Sale of surplus copies.
Permanent session laws shall be distributed, sold, and
exchanged by the statute law committee as follows:
(1) Copies shall be given as follows: One to each
requesting United States senator and representative in
congress from this state; two to the Library of Congress; one
to the United States supreme court library; three to the
library of the circuit court of appeals of the ninth circuit; two
to each United States district court room within this state;
two to each office and branch office of the United States
district attorneys in this state; one to each requesting state
official whose office is created by the Constitution; one each
to the secretary of the senate and the chief clerk of the house
of representatives and such additional copies as they may
request; fourteen copies to the code reviser; two copies to
[Title 40 RCW—page 1]
40.04.040
Title 40 RCW: Public Documents, Records, and Publications
the state library; two copies each to the law libraries of any
accredited law schools established in this state; one copy to
each state adult correctional institution; and one copy to each
state mental institution.
(2) Copies, for official use only, shall be distributed as
follows: Two copies to the governor; one each to the state
historical society and the state bar association; and one copy
to each prosecuting attorney.
Sufficient copies shall be furnished for the use of the
supreme court, the court of appeals, the superior courts, and
the state law library as from time to time are requested. One
copy to the University of Washington library; one copy to
the library of each of the regional universities and to The
Evergreen State College; and one copy to the Washington
State University library. Six copies shall be sent to the King
county law library, and one copy to each of the county law
libraries organized pursuant to law; one copy to each public
library in cities of the first class, and one copy to the
municipal reference branch of the Seattle public library.
(3) Surplus copies of the session laws shall be sold and
delivered by the statute law committee, in which case the
price of the bound volumes shall be sufficient to cover costs.
All moneys received from the sale of such bound volumes
of session laws shall be paid into the state treasury for the
general fund.
(4) The statute law committee may exchange bound
copies of the session laws for similar laws or legal materials
of other states, territories, and governments, and make such
other and further distribution of the bound volumes as in its
judgment seems proper. [1995 c 24 § 3; 1982 1st ex.s. c 32
§ 1; 1981 c 162 § 1; 1977 ex.s. c 169 § 94; 1973 c 33 § 1;
1969 c 6 § 8; 1941 c 150 § 4; Rem. Supp. 1941 § 8217-4.
Formerly RCW 40.04.040 through 40.04.080.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Publication of permanent edition of session laws: RCW 44.20.050.
40.04.090 Legislative journals—Distribution, sale,
exchange. The house and senate journals shall be distributed and sold by the chief clerk of the house of representatives
and the secretary of the senate as follows:
(1) Subject to subsection (5) of this section, sets shall be
distributed as follows: One to each requesting official whose
office is created by the Constitution, and one to each
requesting state department director; two copies to the state
library; ten copies to the state law library; two copies to the
University of Washington library; one to the King county
law library; one to the Washington State University library;
one to the library of each of the regional universities and to
The Evergreen State College; one each to the law library of
any accredited law school in this state; and one to each free
public library in the state that requests it.
(2) House and senate journals of the preceding regular
session during an odd- or even-numbered year, and of any
intervening special session, shall be provided for use of
legislators and legislative staff in such numbers as directed
by the chief clerk of the house of representatives and
secretary of the senate.
(3) Surplus sets of the house and senate journals shall
be sold and delivered by the chief clerk of the house of
representatives and the secretary of the senate at a price set
[Title 40 RCW—page 2]
by them after consulting with the state printer to determine
reasonable costs associated with the production of the
journals, and the proceeds therefrom shall be paid to the
state treasurer for the general fund.
(4) The chief clerk of the house of representatives and
the secretary of the senate may exchange copies of the house
and senate journals for similar journals of other states,
territories, and governments, or for other legal materials, and
make such other and further distribution of them as in their
judgment seems proper.
(5) Periodically the chief clerk of the house of representatives and the secretary of the senate may canvas those
entitled to receive copies under this section, and may reduce
or eliminate the number of copies distributed to anyone who
so concurs. [1995 c 24 § 4; 1993 c 169 § 1; 1982 1st ex.s.
c 32 § 2; 1980 c 87 § 13; 1977 ex.s. c 169 § 95; 1973 c 33
§ 2; 1941 c 150 § 5; Rem. Supp. 1941 § 8217-5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
40.04.100 Supreme court and court of appeals
reports—Distribution, exchange—Duties of reporter of
decisions. The supreme court reports and the court of
appeals reports shall be distributed by the reporter of
decisions as follows:
(1) Each supreme court justice and court of appeals
judge is entitled to receive one copy of each volume containing an opinion signed by him or her.
(2) The state law library shall receive such copies as are
necessary of each for the benefit of the state law library, the
supreme court and its subsidiary offices; and the court of
appeals and its subsidiary offices.
(3) The reporter shall provide one copy of each volume
to each county for use in the county law library and one
copy of the same to each accredited law school established
in the state.
(4) The reporter shall likewise provide the state law
library with such copies of volumes as necessary to exchange copies of the supreme court reports and the court of
appeals reports for similar reports of other states, territories,
and governments. [1995 c 257 § 4; 1991 c 363 § 113; 1979
c 151 § 49; 1973 c 33 § 3; 1971 c 42 § 3; 1941 c 150 § 6;
Rem. Supp. 1941 § 8217-6.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Commission on supreme court reports: RCW 2.32.160.
Publication of supreme court reports by public printer: RCW 43.78.070.
40.04.110 Supreme court and court of appeals
reports—Provision by publisher to reporter. On the
publication of each volume of reports the publisher to whom
the contract is awarded shall provide to the reporter the
number of copies of each volume of supreme court and court
of appeals reports necessary for the reporter and the state
law library to comply with RCW 40.04.100. [1995 c 257 §
5; 1971 c 42 § 4; 1941 c 150 § 7; Rem. Supp. 1941 § 82177.]
(2002 Ed.)
State Publications Distribution Center
Chapter 40.06
STATE PUBLICATIONS DISTRIBUTION CENTER
Sections
40.06.010
40.06.020
40.06.030
40.06.040
40.06.050
40.06.060
40.06.070
40.06.900
Definitions.
Center created as division of state library—Depository library system—Rules.
Deposits by state agencies—Exemptions.
Inter-library depository contracts.
Center to publish list and other printed matter.
Agencies to furnish lists to center.
Exemptions.
Effective date—1963 c 233.
40.06.010 Definitions. As used in this chapter:
(1) "Print" includes all forms of reproducing multiple
copies, with the exception of typewritten correspondence and
interoffice memoranda.
(2) "State agency" includes every state office, officer,
department, division, bureau, board, commission and agency
of the state, and, where applicable, all subdivisions of each.
(3) "State publication" includes annual, biennial, and
special reports, state periodicals and magazines, books,
pamphlets, leaflets, and all other materials, other than news
releases sent exclusively to the news media, typewritten
correspondence and interoffice memoranda, issued in print
by the state, the legislature, constitutional officers, or any
state department, committee, or other state agency supported
wholly or in part by state funds. [1977 ex.s. c 232 § 8;
1963 c 233 § 1.]
40.06.020 Center created as division of state
library—Depository library system—Rules. There is
hereby created as a division of the state library, and under
the direction of the state librarian, a state publications
distribution center. The center shall utilize the depository library system to permit citizens economical and convenient
access to state publications. To this end the secretary of
state shall make such rules as may be deemed necessary to
carry out the provisions of this chapter. [2002 c 342 § 5;
1977 ex.s. c 232 § 9; 1963 c 233 § 2.]
Chapter 40.06
this state. The requirements for eligibility to contract as a
depository library shall be established by the secretary of
state upon recommendations of the state librarian. The
standards shall include and take into consideration the type
of library, available housing and space for the publications,
the number and qualifications of personnel, and availability
for public use. The center may also contract with public,
out-of-state libraries for the exchange of state and other
publications on a reciprocal basis. Any state publication to
be distributed to the public and the legislature shall be
mailed at the lowest available postal rate. [2002 c 342 § 6;
1981 c 260 § 8. Prior: 1977 ex.s. c 232 § 11; 1977 ex.s. c
169 § 96; 1963 c 233 § 4.]
Effective date—2002 c 342: See RCW 27.04.901.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
40.06.050 Center to publish list and other printed
matter. The center shall publish and distribute regularly a
list of available state publications, and may publish and
distribute such other descriptive printed matter as will
facilitate the distribution of state publications. [1963 c 233
§ 5.]
40.06.060 Agencies to furnish lists to center. Upon
request by the center, issuing state agencies shall furnish the
center with a complete list of its current state publications
and a copy of its mailing and/or exchange lists. [1963 c 233
§ 6.]
40.06.070 Exemptions. This chapter shall not apply
to nor affect the duties concerning publications distributed
by, or officers of:
(1) The state law library; and
(2) The statute law committee and the code reviser.
[1983 c 3 § 83; 1963 c 233 § 7.]
40.06.900 Effective date—1963 c 233. The effective
date of this chapter shall be July 1, 1963. [1963 c 233 § 8.]
Effective date—2002 c 342: See RCW 27.04.901.
40.06.030 Deposits by state agencies—Exemptions.
(1) Every state agency shall promptly deposit copies of each
of its state publications with the state library in quantities as
certified by the state librarian as required to meet the needs
of the depository library system. Upon consent of the issuing state agency such state publications as are printed by the
public printer shall be delivered directly to the center.
(2) In the interest of economy and efficiency, the state
librarian may specifically or by general rule exempt a given
state publication or class of publications from the requirements of this section in full or in part. [1977 ex.s. c 232 §
10; 1963 c 233 § 3.]
40.06.040 Inter-library depository contracts. To
provide economical public access to state publications, the
center may enter into depository contracts with any free
public library, The Evergreen State College, regional
university, or state university library, or, if needed, the
library of any privately incorporated college or university in
(2002 Ed.)
Chapter 40.07
MANAGEMENT AND CONTROL
OF STATE PUBLICATIONS
Sections
40.07.010
40.07.020
40.07.030
40.07.040
40.07.050
40.07.060
40.07.070
Legislative declaration.
Definitions.
Reports—Where filed—Review of state publications—
Duties of agency head with respect to publications—
Guidelines for publications—Director’s duties.
Duties of the governor.
Prohibition of state publications not in accordance with
RCW 40.07.030—Exceptions.
Notification—Removal from mailing lists, exceptions—
Mailing rates.
Advertising in state publications—Prerequisites for advertisers.
40.07.010 Legislative declaration. It is the intent of
this legislation to improve executive management and control
of state publications and reduce state expenditures through:
(1) Elimination of reports and publications which are
[Title 40 RCW—page 3]
40.07.010
Title 40 RCW: Public Documents, Records, and Publications
economically or otherwise unjustified; and (2) the simplification and consolidation of other reports and publications.
[1977 ex.s. c 232 § 1.]
40.07.020 Definitions. The terms defined in this
section shall have the meanings indicated when used in this
chapter.
(1) "Director" means the director of financial management.
(2) "State agency" includes every state office, department, division, bureau, board, commission, committee,
higher education institution, community college, and agency
of the state and all subordinate subdivisions of such agencies
in the executive branch financed in whole or in part from
funds held in the state treasury, but does not include the
offices of executive officials elected on a statewide basis,
agricultural commodity commissions, the legislature, the
judiciary, or agencies of the legislative or judicial branches
of state government.
(3)(a) "State publication" means publications of state
agencies and shall include any annual and biennial reports,
any special report required by law, state agency newsletters,
periodicals and magazines, and other printed informational
material intended for general dissemination to the public or
to the legislature.
(b) "State publication" may include such other state
agency printed informational material as the director may
prescribe by rule or regulation, in the interest of economy
and efficiency, after consultation with the governor, the state
librarian, and any state agencies affected.
(c) "State publication" does not include:
(i) Business forms, preliminary draft reports, working
papers, or copies of testimony and related exhibit material
prepared solely for purposes of a presentation to a committee
of the state legislature;
(ii) Typewritten correspondence and interoffice memoranda, and staff memoranda and similar material prepared
exclusively as testimony or exhibits in any proceeding in the
courts of this state, the United States, or before any administrative entity;
(iii) Any notices of intention to adopt rules under RCW
34.05.320;
(iv) Publications relating to a multistate program
financed by more than one state or by federal funds or
private subscriptions; or
(v) News releases sent exclusively to the news media.
(4) "Print" includes all forms of reproducing multiple
copies with the exception of typewritten correspondence and
interoffice memoranda. [1989 c 175 § 86; 1979 c 151 § 50;
1977 ex.s. c 232 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
40.07.030 Reports—Where filed—Review of state
publications—Duties of agency head with respect to
publications—Guidelines for publications—Director’s
duties. (1) Any annual, biennial, or special report required
to be made by any state officer, board, agency, department,
commissioner, regents, trustees, or institution to the governor
or to the legislature may be typewritten and a copy shall be
filed with the governor, or the governor’s designee, and the
[Title 40 RCW—page 4]
legislature as the law may require. An additional copy shall
be filed with the state library as a public record.
(2) The director or the director’s designee may selectively review state publications in order to determine if
specific state publications are economically and effectively
contributing to the accomplishment of state agency program
objectives. The director or the director’s designee shall
provide general guidelines as to the number of copies to be
printed for use or distribution by the issuing agency and any
public or other distribution under chapter 40.06 RCW as now
or hereafter amended, or other applicable directives.
(3) No agency head shall recommend a state publication
for printing and distribution, other than those required by
law, unless the benefits from the publication and distribution
thereof to the citizens and taxpayers of this state clearly
exceed the costs of preparation, printing, and distribution.
(4) The director, after consultation with affected
agencies, shall prepare and publish guidelines for use by
state agencies in determining and evaluating the benefits and
costs of current and proposed state publications. All state
agencies shall evaluate each new state publication they
propose and shall annually evaluate each continuing state
publication they produce in accordance with the guidelines
published by the director.
(5) The director shall, after consultation with affected
state agencies, also provide by general rules and regulations
for overall control of the quality of the printing of state
publications. Necessary publications are to be prepared and
printed in the most economic manner consistent with
effectiveness and achievement of program objectives. [1977
ex.s. c 232 § 3.]
40.07.040 Duties of the governor. (1) The governor
or the governor’s designee shall take such other action as
may be necessary to maximize the economy, efficiency, and
effectiveness of state publications and to do so may eliminate, consolidate, or simplify state agency publications.
(2) Nothing in this chapter shall be construed in any
way as restricting public access to public records or the
public right to copy such records as provided by RCW
42.17.250 through 42.17.340 as now existing or hereafter
amended. [1977 ex.s. c 232 § 4.]
40.07.050 Prohibition of state publications not in
accordance with RCW 40.07.030—Exceptions. Neither
the public printer nor any state agency shall print or authorize for printing any state publication that has been determined by the director to be inconsistent with RCW
40.07.030 except to the extent this requirement may conflict
with the laws of the United States or any rules or regulations
lawfully promulgated under those laws. A copy of any state
publication printed without the approval of the director under
the exceptions authorized in this section shall be filed with
the director with a letter of transmittal citing the federal
statute, rule, or regulation requiring the publication. [1986
c 158 § 5; 1977 ex.s. c 232 § 5.]
40.07.060 Notification—Removal from mailing lists,
exceptions—Mailing rates. Each state agency shall at least
once each biennium notify the addressees of each state
publication in or with that publication that they may be
(2002 Ed.)
Management and Control of State Publications
removed from the mailing list by notifying the originating
agency. Mailings required by a state or federal statute, rule,
or regulation, those maintained by an institution of higher
education for official fund raising or curriculum offerings,
bulk mailings addressed to "occupant" or a similar designation, and paid subscriptions are excluded from the provisions
of this paragraph.
All publications shall be distributed or mailed at the
lowest available rate. [1977 ex.s. c 232 § 6.]
40.07.070 Advertising in state publications—
Prerequisites for advertisers. A state agency may not
accept advertising for placement in a state publication unless
the advertiser: (1) Has obtained a certificate of registration
from the department of revenue under chapter 82.32 RCW;
and (2) if the advertiser is not otherwise obligated to collect
and remit Washington retail sales tax or use tax, the advertiser either (a) agrees to voluntarily collect and remit the
Washington use tax upon all sales to Washington consumers,
or (b) agrees to provide to the department of revenue, no
less frequently than quarterly, a listing of the names and
addresses of Washington customers to whom sales were
made. This section does not apply to advertising that does
not offer items for sale or to advertising that does not solicit
orders for sales. [1993 c 74 § 1.]
Effective date—1993 c 74: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 74 § 2.]
Chapter 40.10
MICROFILMING OF RECORDS TO PROVIDE
CONTINUITY OF CIVIL GOVERNMENT
Sections
40.10.010
40.10.020
Essential records—Designation—List—Security and protection—Reproduction.
Essential records—Reproduction and storage—Coordination
of protection program—Fees.
40.10.010 Essential records—Designation—List—
Security and protection—Reproduction. In order to
provide for the continuity and preservation of civil government, each elected and appointed officer of the state shall
designate those public documents which are essential records
of his office and needed in an emergency and for the
reestablishment of normal operations after any such emergency. A list of such records shall be forwarded to the state
archivist on forms prescribed by the state archivist. This list
shall be reviewed at least annually by the elected or appointed officer to insure its completeness. Any changes or
revisions following this review shall be forwarded to the
state archivist. Each such elected and appointed officer of
state government shall insure that the security of essential
records of his office is by the most economical means
commensurate with adequate protection. Protection of
essential records may be by vaulting, planned or natural
dispersal of copies, or any other method approved by the
state archivist. Reproductions of essential records may be by
photo copy, magnetic tape, microfilm or other method
approved by the state archivist. Local government offices
may coordinate the protection of their essential records with
(2002 Ed.)
40.07.060
the state archivist as necessary to provide continuity of local
government under emergency conditions. [1982 c 36 § 1;
1973 c 54 § 1; 1963 c 241 § 1.]
Severability—1973 c 54: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 54 § 6.]
40.10.020 Essential records—Reproduction and
storage—Coordination of protection program—Fees. The
state archivist is authorized to reproduce those documents
designated as essential records by the several elected and
appointed officials of the state and local government by
microfilm or other miniature photographic process and to
assist and cooperate in the storage and safeguarding of such
reproductions in such place as is recommended by the state
archivist with the advice of the director of community, trade,
and economic development. The state archivist shall
coordinate the essential records protection program and shall
carry out the provisions of the state emergency plan as they
relate to the preservation of essential records. The state
archivist is authorized to charge the several departments of
the state and local government the actual cost incurred in
reproducing, storing and safeguarding such documents:
PROVIDED, That nothing herein shall authorize the destruction of the originals of such documents after reproduction
thereof. [1995 c 399 § 58; 1986 c 266 § 45; 1985 c 7 §
106; 1982 c 36 § 2; 1973 c 54 § 2; 1963 c 241 § 2.]
Severability—1986 c 266: See note following RCW 38.52.005.
Chapter 40.14
PRESERVATION AND DESTRUCTION
OF PUBLIC RECORDS
Sections
40.14.010
40.14.020
40.14.025
40.14.027
40.14.030
40.14.040
40.14.050
40.14.060
40.14.070
40.14.080
40.14.100
40.14.110
40.14.120
40.14.130
40.14.140
40.14.150
40.14.160
40.14.170
40.14.180
Definition and classification of public records.
Division of archives and records management—State archivist—Powers and duties—Duties of public officials.
Division of archives and records management—Allocation
of costs of services—Archives and records management
account.
Public archives and records management services—
Judgment debtor surcharge.
Transfer to state archives—Certified copies, cost.
Records officers—Designation—Powers and duties.
Records committee—Composition, travel expenses, meetings, powers and duties—Retention schedules.
Destruction, disposition of official public records or office
files and memoranda—Record retention schedules.
Destruction, disposition of local government records—
Preservation for historical interest—Local records committee, duties—Record retention schedules.
Chapter not to affect other laws.
Legislative records—Defined.
Legislative records—Contribution of papers by legislators
and employees.
Legislative records—"Clerk," "secretary" defined.
Legislative records—Duties of legislative officials, employees and state archivist—Delivery of records—Custody—
Availability.
Legislative records—Party caucuses to be advised—
Information and instructions.
Legislative records—Use for research.
Legislative records—Rules for access to records.
Legislative records—Sound recordings.
Legislative records—Construction—Confidentiality of bill
drafting records.
[Title 40 RCW—page 5]
Chapter 40.14
Title 40 RCW: Public Documents, Records, and Publications
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
40.14.010 Definition and classification of public
records. As used in this chapter, the term "public records"
shall include any paper, correspondence, completed form,
bound record book, photograph, film, sound recording, map
drawing, machine-readable material, compact disc meeting
current industry ISO specifications, or other document,
regardless of physical form or characteristics, and including
such copies thereof, that have been made by or received by
any agency of the state of Washington in connection with
the transaction of public business, and legislative records as
described in RCW 40.14.100.
For the purposes of this chapter, public records shall be
classified as follows:
(1) Official public records shall include all original
vouchers, receipts, and other documents necessary to isolate
and prove the validity of every transaction relating to the
receipt, use, and disposition of all public property and public
income from all sources whatsoever; all agreements and
contracts to which the state of Washington or any agency
thereof may be a party; all fidelity, surety, and performance
bonds; all claims filed against the state of Washington or any
agency thereof; all records or documents required by law to
be filed with or kept by any agency of the state of Washington; all legislative records as defined in RCW 40.14.100; and
all other documents or records determined by the records
committee, created in RCW 40.14.050, to be official public
records.
(2) Office files and memoranda include such records as
correspondence, exhibits, drawings, maps, completed forms,
or documents not above defined and classified as official
public records; duplicate copies of official public records
filed with any agency of the state of Washington; documents
and reports made for the internal administration of the office
to which they pertain but not required by law to be filed or
kept with such agency; and other documents or records as
determined by the records committee to be office files and
memoranda. [1996 c 71 § 1; 1982 c 36 § 3; 1981 c 32 § 4;
1971 ex.s. c 102 § 1; 1957 c 246 § 1.]
40.14.020 Division of archives and records management—State archivist—Powers and duties—Duties of
public officials. All public records shall be and remain the
property of the state of Washington. They shall be delivered
by outgoing officials and employees to their successors and
shall be preserved, stored, transferred, destroyed or disposed
of, and otherwise managed, only in accordance with the
provisions of this chapter. In order to insure the proper
management and safeguarding of public records, the division
of archives and records management is established in the
office of the secretary of state. The state archivist, who shall
administer the division and have reasonable access to all
public records, wherever kept, for purposes of information,
surveying, or cataloguing, shall undertake the following
functions, duties, and responsibilities:
(1) To manage the archives of the state of Washington;
(2) To centralize the archives of the state of Washington, to make them available for reference and scholarship,
and to insure their proper preservation;
[Title 40 RCW—page 6]
(3) To inspect, inventory, catalog, and arrange retention
and transfer schedules on all record files of all state departments and other agencies of state government;
(4) To insure the maintenance and security of all state
public records and to establish safeguards against unauthorized removal or destruction;
(5) To establish and operate such state record centers as
may from time to time be authorized by appropriation, for
the purpose of preserving, servicing, screening and protecting
all state public records which must be preserved temporarily
or permanently, but which need not be retained in office
space and equipment;
(6) To adopt rules under chapter 34.05 RCW:
(a) Setting standards for the durability and permanence
of public records maintained by state and local agencies;
(b) Governing procedures for the creation, maintenance,
transmission, cataloging, indexing, storage, or reproduction
of photographic, optical, electronic, or other images of public
documents or records in a manner consistent with current
standards, policies, and procedures of the department of
information services for the acquisition of information
technology;
(c) Governing the accuracy and durability of, and
facilitating access to, photographic, optical, electronic, or
other images used as public records; or
(d) To carry out any other provision of this chapter;
(7) To gather and disseminate to interested agencies
information on all phases of records management and current
practices, methods, procedures, techniques, and devices for
efficient and economical management and preservation of records;
(8) To operate a central microfilming bureau which will
microfilm, at cost, records approved for filming by the head
of the office of origin and the archivist; to approve microfilming projects undertaken by state departments and all
other agencies of state government; and to maintain proper
standards for this work;
(9) To maintain necessary facilities for the review of records approved for destruction and for their economical
disposition by sale or burning; directly to supervise such
destruction of public records as shall be authorized by the
terms of this chapter;
(10) To assist and train state and local agencies in the
proper methods of creating, maintaining, cataloging, indexing, transmitting, storing, and reproducing photographic,
optical, electronic, or other images used as public records;
(11) To solicit, accept, and expend donations as provided in RCW 43.07.037 for the purpose of the archive program. These purposes include, but are not limited to,
acquisition, accession, interpretation, and display of archival
materials. Donations that do not meet the criteria of the
archive program may not be accepted. [2002 c 358 § 4;
1995 c 326 § 1. Prior: 1991 c 237 § 4; 1991 c 184 § 1;
1986 c 275 § 1; 1983 c 84 § 1; 1981 c 115 § 1; 1957 c 246
§ 2.]
Effective date—1991 c 237: See note following RCW 43.07.220.
Effective date—1981 c 115: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 115 § 10.]
(2002 Ed.)
Preservation and Destruction of Public Records
40.14.025 Division of archives and records management—Allocation of costs of services—Archives and
records management account. (1) The secretary of state
and the director of financial management shall jointly
establish a procedure and formula for allocating the costs of
services provided by the division of archives and records
management to state agencies. The total amount allotted for
services to state agencies shall not exceed the appropriation
to the archives and records management account during any
allotment period.
[(2)] There is created the archives and records management account in the state treasury which shall consist of all
fees and charges collected under this section, RCW
*36.22.175, and 40.14.027. The account shall be appropriated exclusively for the payment of costs and expenses incurred in the operation of the division of archives and
records management as specified by law. [1996 c 245 § 3;
1991 sp.s. c 13 § 5; 1985 c 57 § 22; 1981 c 115 § 4.]
*Reviser’s note: RCW 36.22.175 expired June 30, 2001.
Effective date—1996 c 245: "This act takes effect on July 1, 1996."
[1996 c 245 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Effective date—1981 c 115: See note following RCW 40.14.020.
40.14.027 Public archives and records management
services—Judgment debtor surcharge. State agencies
shall collect a surcharge of twenty dollars from the judgment
debtor upon the satisfaction of a warrant filed in superior
court for unpaid taxes or liabilities. The surcharge is
imposed on the judgment debtor in the form of a penalty in
addition to the filing fee provided in RCW 36.18.012(10).
The surcharge revenue shall be transmitted to the state
treasurer for deposit in the archives and records management
account.
Surcharge revenue deposited in the archives and records
management account shall be expended by the secretary of
state exclusively for disaster recovery, essential records
protection services, and records management training for
local government agencies by the division of archives and
records management. The secretary of state shall, with local
government representatives, establish a committee to advise
the state archivist on the local government archives and
records management program. [2001 c 146 § 4; 1996 c 245
§ 4; 1995 c 292 § 17; 1994 c 193 § 2.]
Effective date—1996 c 245: See note following RCW 40.14.025.
Findings—1994 c 193: "The legislature finds that: (1) Accountability for and the efficient management of local government records are in the
public interest and that compliance with public records management
requirements significantly affects the cost of local government administration; (2) the secretary of state is responsible for insuring the preservation of
local government archives and may assist local government compliance with
public records statutes; (3) as provided in RCW 40.14.025, all archives and
records management services provided by the secretary of state are funded
exclusively by a schedule of fees and charges established jointly by the
secretary of state and the director of financial management; (4) the secretary
of state’s costs for preserving and providing public access to local
government archives and providing records management assistance to local
government agencies have been funded by fees paid by state government
agencies; (5) local government agencies are responsible for costs associated
with managing, protecting, and providing public access to the records in
their custody; (6) local government should help fund the secretary of state’s
local government archives and records management services; (7) the fivedollar fee collected by county clerks for processing warrants for unpaid
(2002 Ed.)
40.14.025
taxes or liabilities filed by the state of Washington is not sufficient to cover
processing costs and is far below filing fees commonly charged for similar
types of minor civil actions; (8) a surcharge of twenty dollars would bring
the filing fee for warrants for the collection of unpaid taxes and liabilities
up to a level comparable to other minor civil filings and should be applied
to the support of the secretary of state’s local government archives and
records services without placing an undue burden on local government; and
(9) the process of collecting and transmitting surcharge revenue should not
have an undue impact on the operations of the state agencies that file
warrants for the collection of unpaid taxes and liabilities or the clerks of
superior court who process them." [1994 c 193 § 1.]
Effective date—1994 c 193: "This act shall take effect July 1, 1994."
[1994 c 193 § 3.]
40.14.030 Transfer to state archives—Certified
copies, cost. All public records, not required in the current
operation of the office where they are made or kept, and all
records of every agency, commission, committee, or any
other activity of state government which may be abolished
or discontinued, shall be transferred to the state archives so
that the valuable historical records of the state may be
centralized, made more widely available, and insured
permanent preservation: PROVIDED, That this section shall
have no application to public records approved for destruction under the subsequent provisions of this chapter.
When so transferred, copies of the public records
concerned shall be made and certified by the archivist, which
certification shall have the same force and effect as though
made by the officer originally in charge of them. Fees may
be charged to cover the cost of reproduction. In turning
over the archives of his office, the officer in charge thereof,
or his successor, thereby loses none of his rights of access
to them, without charge, whenever necessary. [1957 c 246
§ 3.]
Columbia River boundary compact, transfer of records to division of
archives: RCW 43.58.070.
40.14.040 Records officers—Designation—Powers
and duties. Each department or other agency of the state
government shall designate a records officer to supervise its
records program and to represent the office in all contacts
with the records committee, hereinafter created, and the
division of archives and records management. The records
officer shall:
(1) Coordinate all aspects of the records management
program.
(2) Inventory, or manage the inventory, of all public
records at least once during a biennium for disposition
scheduling and transfer action, in accordance with procedures
prescribed by the state archivist and state records committee:
PROVIDED, That essential records shall be inventoried and
processed in accordance with chapter 40.10 RCW at least
annually.
(3) Consult with any other personnel responsible for
maintenance of specific records within his state organization
regarding records retention and transfer recommendations.
(4) Analyze records inventory data, examine and
compare divisional or unit inventories for duplication of
records, and recommend to the state archivist and state records committee minimal retentions for all copies commensurate with legal, financial and administrative needs.
(5) Approve all records inventory and destruction
requests which are submitted to the state records committee.
[Title 40 RCW—page 7]
40.14.040
Title 40 RCW: Public Documents, Records, and Publications
(6) Review established records retention schedules at
least annually to insure that they are complete and current.
(7) Exercise internal control over the acquisition of
filming and file equipment.
If a particular agency or department does not wish to
transfer records at a time previously scheduled therefor, the
records officer shall, within thirty days, notify the archivist
and request a change in such previously set schedule,
including his reasons therefor. [1982 c 36 § 4; 1979 c 151
§ 51; 1973 c 54 § 3; 1957 c 246 § 4.]
40.14.050 Records committee—Composition, travel
expenses, meetings, powers and duties—Retention
schedules. There is created a committee, to be known as
the records committee, composed of the archivist, an
appointee of the state auditor, an appointee of the attorney
general, and an appointee of the director of financial management. Committee members shall serve without additional
salary, but shall be entitled to travel expenses incurred in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. Such expenses shall be paid
from the appropriations made for operation of their respective departments or offices.
The records committee shall meet at least once every
quarter or oftener as business dictates. Action by the
committee shall be by majority vote and records shall be
kept of all committee business.
It shall be the duty of the records committee to approve,
modify or disapprove the recommendations on retention
schedules of all files of public records and to act upon
requests to destroy any public records: PROVIDED, That
any modification of a request or recommendation must be
approved by the head of the agency originating the request
or recommendation.
The division of archives and records management shall
provide forms, approved by the records committee, upon
which it shall prepare recommendations to the committee in
cooperation with the records officer of the department or
other agency whose records are involved. [1985 c 192 § 1;
1975-’76 2nd ex.s. c 34 § 83; 1957 c 246 § 5.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
40.14.060 Destruction, disposition of official public
records or office files and memoranda—Record retention
schedules. (1) Any destruction of official public records
shall be pursuant to a schedule approved under RCW
40.14.050. Official public records shall not be destroyed
unless:
(a) Except as provided under RCW 40.14.070(2)(b), the
records are six or more years old;
(b) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly if lesser federal
retention periods for records generated by the state under
federal programs have been established; or
(c) The originals of official public records less than six
years old have been copied or reproduced by any photographic or other process approved by the state archivist
[Title 40 RCW—page 8]
which accurately reproduces or forms a durable medium for
so reproducing the original.
(2) Any lesser term of retention than six years must
have the additional approval of the director of financial
management, the state auditor and the attorney general,
except when records have federal retention guidelines the
state records committee may adjust the retention period
accordingly. An automatic reduction of retention periods
from seven to six years for official public records on record
retention schedules existing on June 10, 1982, shall not be
made, but the same shall be reviewed individually by the
state records committee for approval or disapproval of the
change to a retention period of six years.
Recommendations for the destruction or disposition of
office files and memoranda shall be submitted to the records
committee upon approved forms prepared by the records
officer of the agency concerned and the archivist. The
committee shall determine the period of time that any office
file or memorandum shall be preserved and may authorize
the division of archives and records management to arrange
for its destruction or disposition. [1999 c 326 § 1; 1982 c
36 § 5; 1979 c 151 § 52; 1973 c 54 § 4; 1957 c 246 § 6.]
40.14.070 Destruction, disposition of local government records—Preservation for historical interest—Local
records committee, duties—Record retention schedules.
(1)(a) County, municipal, and other local government
agencies may request authority to destroy noncurrent public
records having no further administrative or legal value by
submitting to the division of archives and records management lists of such records on forms prepared by the division.
The archivist, a representative appointed by the state auditor,
and a representative appointed by the attorney general shall
constitute a committee, known as the local records committee, which shall review such lists and which may veto the
destruction of any or all items contained therein.
(b) A local government agency, as an alternative to
submitting lists, may elect to establish a records control
program based on recurring disposition schedules recommended by the agency to the local records committee. The
schedules are to be submitted on forms provided by the
division of archives and records management to the local
records committee, which may either veto, approve, or
amend the schedule. Approval of such schedule or amended
schedule shall be by unanimous vote of the local records
committee. Upon such approval, the schedule shall constitute authority for the local government agency to destroy the
records listed thereon, after the required retention period, on
a recurring basis until the schedule is either amended or
revised by the committee.
(2)(a) Except as otherwise provided by law, no public
records shall be destroyed until approved for destruction by
the local records committee. Official public records shall
not be destroyed unless:
(i) The records are six or more years old;
(ii) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly where lesser
federal retention periods for records generated by the state
under federal programs have been established; or
(2002 Ed.)
Preservation and Destruction of Public Records
(iii) The originals of official public records less than six
years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or
other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing
the original.
An automatic reduction of retention periods from seven
to six years for official public records on record retention
schedules existing on June 10, 1982, shall not be made, but
the same shall be reviewed individually by the local records
committee for approval or disapproval of the change to a
retention period of six years.
The state archivist may furnish appropriate information,
suggestions, and guidelines to local government agencies for
their assistance in the preparation of lists and schedules or
any other matter relating to the retention, preservation, or
destruction of records under this chapter. The local records
committee may adopt appropriate regulations establishing
procedures to be followed in such matters.
Records of county, municipal, or other local government
agencies, designated by the archivist as of primarily historical interest, may be transferred to a recognized depository
agency.
(b) Records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenders contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020
that are not required in the current operation of the law
enforcement agency or for pending judicial proceedings
shall, following the expiration of the applicable schedule of
the law enforcement agency’s retention of the records, be
transferred to the Washington association of sheriffs and
police chiefs for permanent electronic retention and retrieval.
Upon electronic retention of any document, the association
shall be permitted to destroy the paper copy of the document.
(c) Any record transferred to the Washington association
of sheriffs and police chiefs pursuant to (b) of this subsection shall be deemed to no longer constitute a public record
pursuant to RCW 42.17.020 and shall be exempt from public
disclosure. Such records shall be disseminated only to criminal justice agencies as defined in RCW 10.97.030 for the
purpose of determining if a sex offender met the criteria of
a sexually violent predator as defined in chapter 71.09 RCW.
[1999 c 326 § 2; 1995 c 301 § 71; 1982 c 36 § 6; 1973 c 54
§ 5; 1971 ex.s. c 10 § 1; 1957 c 246 § 7.]
Copying, preserving, and indexing of documents recorded by county
auditor: RCW 36.22.160 through 36.22.190.
Destruction and reproduction of court records: RCW 36.23.065 through
36.23.070.
40.14.080 Chapter not to affect other laws. The
provisions of this chapter shall not be construed as repealing
or modifying any other acts or parts of acts authorizing the
destruction of public records save for those specifically
named in *section 9 of this act; nor shall this chapter affect
the provisions of chapter 40.07 RCW requiring the deposit
of all state publications in the state library. [1983 c 3 § 84;
1957 c 246 § 8.]
*Reviser’s note: "section 9 of this act" refers to 1957 c 246 § 9,
which repealed RCW 40.08.010 through 40.08.050 and 40.12.010 through
40.12.110.
(2002 Ed.)
40.14.070
40.14.100 Legislative records—Defined. As used in
RCW 40.14.010 and 40.14.100 through 40.14.180, unless the
context requires otherwise, "legislative records" shall be
defined as correspondence, amendments, reports, and
minutes of meetings made by or submitted to legislative
committees or subcommittees and transcripts or other records
of hearings or supplementary written testimony or data
thereof filed with committees or subcommittees in connection with the exercise of legislative or investigatory functions, but does not include the records of an official act of
the legislature kept by the secretary of state, bills and their
copies, published materials, digests, or multi-copied matter
which are routinely retained and otherwise available at the
state library or in a public repository, or reports or correspondence made or received by or in any way under the
personal control of the individual members of the legislature.
[1971 ex.s. c 102 § 2.]
40.14.110 Legislative records—Contribution of
papers by legislators and employees. Nothing in RCW
40.14.010 and 40.14.100 through 40.14.180 shall prohibit a
legislator or legislative employee from contributing his
personal papers to any private library, public library, or the
state archives. The state archivist is authorized to receive
papers of legislators and legislative employees and is
directed to encourage the donation of such personal records
to the state. The state archivist is authorized to establish
such guidelines and procedures for the collection of personal
papers and correspondence relating to the legislature as he
sees fit. Legislators and legislative employees are encouraged to contribute their personal papers to the state for
preservation. [1971 ex.s. c 102 § 3.]
40.14.120 Legislative records—"Clerk," "secretary"
defined. As used in RCW 40.14.010 and 40.14.100 through
40.14.180 "clerk" means clerk of the Washington state house
of representatives and "secretary" means the secretary of the
Washington state senate. [1971 ex.s. c 102 § 4.]
40.14.130 Legislative records—Duties of legislative
officials, employees and state archivist—Delivery of
records—Custody—Availability. The legislative committee
chairman, subcommittee chairman, committee member, or
employed personnel of the state legislature having possession
of legislative records that are not required for the regular
performance of official duties shall, within ten days after the
adjournment sine die of a regular or special session, deliver
all such legislative records to the clerk of the house or the
secretary of the senate.
The clerk of the house and the secretary of the senate
are charged to include requirements and responsibilities for
keeping committee minutes and records as part of their
instructions to committee chairmen and employees.
The clerk or the secretary, with the assistance of the
state archivist, shall classify and arrange the legislative
records delivered to the clerk or secretary in a manner that
he considers best suited to carry out the efficient and
economical utilization, maintenance, preservation, and
disposition of the records. The clerk or the secretary may
deliver to the state archivist all legislative records in his
possession when such records have been classified and
[Title 40 RCW—page 9]
40.14.130
Title 40 RCW: Public Documents, Records, and Publications
arranged and are no longer needed by either house. The
state archivist shall thereafter be custodian of the records so
delivered, but shall deliver such records back to either the
clerk or secretary upon his request.
The chairman, member, or employee of a legislative
interim committee responsible for maintaining the legislative
records of that committee shall, on a scheduled basis agreed
upon by the chairman, member, or employee of the legislative interim committee, deliver to the clerk or secretary all
legislative records in his possession, as long as such records
are not required for the regular performance of official
duties. He shall also deliver to the clerk or secretary all
records of an interim committee within ten days after the
committee ceases to function. [1971 ex.s. c 102 § 5.]
40.14.140 Legislative records—Party caucuses to be
advised—Information and instructions. It shall be the
duty of the clerk and the secretary to advise the party
caucuses in each house concerning the necessity to keep
public records. The state archivist or his representative shall
work with the clerk and secretary to provide information and
instructions on the best method for keeping legislative
records. [1971 ex.s. c 102 § 6.]
40.14.150 Legislative records—Use for research.
Committee records may be used by legislative employees for
research at the discretion of the clerk or the secretary. [1971
ex.s. c 102 § 7.]
40.14.160 Legislative records—Rules for access to
records. The clerk or the secretary shall, with advice of the
state archivist, prescribe rules for access to records more
than three years old when such records have been delivered
to the state archives for preservation and maintenance.
[1971 ex.s. c 102 § 8.]
40.14.170 Legislative records—Sound recordings.
Any sound recording of debate in the house or senate made
by legislative employees shall be preserved by the chief
clerk of the house and by the secretary of the senate,
respectively, for two years from the end of the session at
which made, and thereafter shall be transmitted to the state
archivist. The chief clerk and the secretary shall catalogue
or index the recordings in their custody according to a
uniform system, in order to allow easy access to the debate
on specific questions before either house, and shall make
available to any court of record, at the cost of reproduction,
such portions of the recordings as the court may request.
[1971 ex.s. c 102 § 9.]
40.14.180 Legislative records—Construction—
Confidentiality of bill drafting records. The provisions of
RCW 40.14.010 and 40.14.100 through 40.14.180 shall not
be construed as repealing or modifying any other acts or
parts of acts authorizing the retention or destruction of public
records nor shall RCW 40.14.010 and 40.14.100 through
40.14.180 affect the provisions of chapter 40.07 RCW
requiring the deposit of all state publications in the state
library nor shall it affect the confidentiality of the bill
drafting records of the code reviser’s office. [1983 c 3 § 85;
1971 ex.s. c 102 § 10.]
[Title 40 RCW—page 10]
Chapter 40.16
PENAL PROVISIONS
Sections
40.16.010 Injury to public record.
40.16.020 Injury to and misappropriation of record.
40.16.030 Offering false instrument for filing or record.
Fraud: Chapter 9A.60 RCW.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Misconduct of public officers: Chapter 42.20 RCW.
Public works accounts and records, penalty for falsifying: RCW 39.04.110.
40.16.010 Injury to public record. Every person
who shall willfully and unlawfully remove, alter, mutilate,
destroy, conceal, or obliterate a record, map, book, paper,
document, or other thing filed or deposited in a public office,
or with any public officer, by authority of law, shall be punished by imprisonment in a state correctional facility for not
more than five years, or by a fine of not more than one
thousand dollars, or by both. [1992 c 7 § 34; 1909 c 249 §
95; RRS § 2347.]
40.16.020 Injury to and misappropriation of record.
Every officer who shall mutilate, destroy, conceal, erase,
obliterate, or falsify any record or paper appertaining to the
officer’s office, or who shall fraudulently appropriate to the
officer’s own use or to the use of another person, or secrete
with intent to appropriate to such use, any money, evidence
of debt or other property intrusted to the officer by virtue of
the officer’s office, shall be punished by imprisonment in a
state correctional facility for not more than ten years, or by
a fine of not more than five thousand dollars, or by both.
[1992 c 7 § 35; 1909 c 249 § 96; RRS § 2348.]
40.16.030 Offering false instrument for filing or
record. Every person who shall knowingly procure or offer
any false or forged instrument to be filed, registered, or
recorded in any public office, which instrument, if genuine,
might be filed, registered or recorded in such office under
any law of this state or of the United States, shall be
punished by imprisonment in a state correctional facility for
not more than five years, or by a fine of not more than five
thousand dollars, or by both. [1992 c 7 § 36; 1909 c 249 §
97; RRS § 2349.]
Chapter 40.20
REPRODUCED RECORDS FOR
GOVERNMENTS AND BUSINESS
Sections
40.20.010 "Business" defined.
40.20.020 Reproduction by film or photograph.
40.20.030 Use as original.
Court records, destruction and reproduction: RCW 36.23.065 through
36.23.070.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Method for recordation of plats and documents: RCW 65.04.040.
Uniform business records as evidence act: Chapter 5.45 RCW.
(2002 Ed.)
Reproduced Records for Governments and Business
Uniform photographic copies of business and public records as evidence
act: Chapter 5.46 RCW.
40.20.010 "Business" defined. For the purpose of
this chapter, the term "business" shall mean and include
business, industry, profession, occupation and calling of
every kind. [1949 c 223 § 3; Rem. Supp. 1949 § 1257-6.]
40.20.020 Reproduction by film or photograph.
The head of any business or the head of any state, county or
municipal department, commission, bureau or board may
cause any or all records required or authorized by law to be
made or kept by such official, department, commission,
bureau, board, or business to be photographed, microphotographed, reproduced on film, or photocopied for all purposes
of recording documents, plats, files or papers, or copying or
reproducing such records. Such film or reproducing material
shall be of permanent material and the device used to
reproduce such records on such film or material shall be
such as to accurately reproduce and perpetuate the original
records in all details, and shall be approved for the intended
purpose: PROVIDED, That the state archivist shall approve
such material for state records use: PROVIDED, FURTHER, That the state auditor shall approve such material for
use by local governmental subdivisions. [1981 c 32 § 5;
1973 c 95 § 1; 1949 c 223 § 1; Rem. Supp. 1949 § 1257-4.]
40.20.030 Use as original. Such photostatic copy,
photograph, microphotograph or photographic film record, or
copy of the original records shall be deemed to be an
original record for all purposes, and shall be admissible in
evidence in all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall, for all
purposes recited herein, be deemed to be a transcript,
exemplification or certified copy of the original. [1949 c
223 § 2; Rem. Supp. 1949 § 1257-5.]
Chapter 40.24
ADDRESS CONFIDENTIALITY FOR VICTIMS OF
DOMESTIC VIOLENCE, SEXUAL ASSAULT,
AND STALKING
Sections
40.24.010
40.24.020
40.24.030
40.24.040
40.24.050
40.24.060
40.24.070
40.24.080
40.24.090
Findings—Purpose.
Definitions.
Address confidentiality program—Application—
Certification.
Certification cancellation.
Agency use of designated address.
Voting by program participant—Use of designated address
by county auditor.
Disclosure of records prohibited—Exceptions.
Assistance for program applicants.
Adoption of rules.
40.24.010 Findings—Purpose. The legislature finds
that persons attempting to escape from actual or threatened
domestic violence, sexual assault, or stalking frequently
establish new addresses in order to prevent their assailants or
probable assailants from finding them. The purpose of this
chapter is to enable state and local agencies to respond to
requests for public records without disclosing the location of
(2002 Ed.)
Chapter 40.20
a victim of domestic violence, sexual assault, or stalking, to
enable interagency cooperation with the secretary of state in
providing address confidentiality for victims of domestic
violence, sexual assault, or stalking, and to enable state and
local agencies to accept a program participant’s use of an
address designated by the secretary of state as a substitute
mailing address. [2001 c 28 § 1; 1998 c 138 § 1; 1991 c 23
§ 1.]
40.24.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Address" means a residential street address, school
address, or work address of an individual, as specified on the
individual’s application to be a program participant under
this chapter.
(2) "Program participant" means a person certified as a
program participant under RCW 40.24.030.
(3) "Domestic violence" means an act as defined in
RCW 10.99.020 and includes a threat of such acts committed
against an individual in a domestic situation, regardless of
whether these acts or threats have been reported to law
enforcement officers. [1991 c 23 § 2.]
40.24.030 Address confidentiality program—
Application—Certification. (1) An adult person, a parent
or guardian acting on behalf of a minor, or a guardian acting
on behalf of an incapacitated person, as defined in RCW
11.88.010, may apply to the secretary of state to have an
address designated by the secretary of state serve as the
person’s address or the address of the minor or incapacitated
person. The secretary of state shall approve an application
if it is filed in the manner and on the form prescribed by the
secretary of state and if it contains:
(a) A sworn statement by the applicant that the applicant
has good reason to believe (i) that the applicant, or the
minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault,
or stalking; and (ii) that the applicant fears for his or her
safety or his or her children’s safety, or the safety of the
minor or incapacitated person on whose behalf the application is made;
(b) A designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt
of mail;
(c) The mailing address where the applicant can be
contacted by the secretary of state, and the phone number or
numbers where the applicant can be called by the secretary
of state;
(d) The new address or addresses that the applicant
requests not be disclosed for the reason that disclosure will
increase the risk of domestic violence, sexual assault, or
stalking;
(e) The signature of the applicant and of any individual
or representative of any office designated in writing under
RCW 40.24.080 who assisted in the preparation of the
application, and the date on which the applicant signed the
application.
(2) Applications shall be filed with the office of the
secretary of state.
[Title 40 RCW—page 11]
40.24.030
Title 40 RCW: Public Documents, Records, and Publications
(3) Upon filing a properly completed application, the
secretary of state shall certify the applicant as a program
participant. Applicants shall be certified for four years
following the date of filing unless the certification is
withdrawn or invalidated before that date. The secretary of
state shall by rule establish a renewal procedure.
(4) A person who falsely attests in an application that
disclosure of the applicant’s address would endanger the
applicant’s safety or the safety of the applicant’s children or
the minor or incapacitated person on whose behalf the
application is made, or who knowingly provides false or
incorrect information upon making an application, shall be
punishable under RCW 40.16.030 or other applicable
statutes. [2001 c 28 § 2; 1998 c 138 § 2; 1991 c 23 § 3.]
40.24.040 Certification cancellation. (1) If the
program participant obtains a name change, he or she loses
certification as a program participant.
(2) The secretary of state may cancel a program
participant’s certification if there is a change in the residential address from the one listed on the application, unless the
program participant provides the secretary of state with
seven days’ prior notice of the change of address.
(3) The secretary of state may cancel certification of a
program participant if mail forwarded by the secretary to the
program participant’s address is returned as nondeliverable.
(4) The secretary of state shall cancel certification of a
program participant who applies using false information.
[1991 c 23 § 4.]
40.24.050 Agency use of designated address. (1) A
program participant may request that state and local agencies
use the address designated by the secretary of state as his or
her address. When creating a new public record, state and
local agencies shall accept the address designated by the
secretary of state as a program participant’s substitute
address, unless the secretary of state has determined that:
(a) The agency has a bona fide statutory or administrative requirement for the use of the address which would
otherwise be confidential under this chapter; and
(b) This address will be used only for those statutory
and administrative purposes.
(2) A program participant may use the address designated by the secretary of state as his or her work address.
(3) The office of the secretary of state shall forward all
first class mail to the appropriate program participants.
[1991 c 23 § 5.]
program participant shall be included in any list of registered
voters available to the public.
(2) The county auditor may not make the participant’s
address contained in voter registration records available for
public inspection or copying except under the following
circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency; and
(b) If directed by a court order, to a person identified in
the order. [1991 c 23 § 6.]
*Reviser’s note: RCW 29.36.013 was recodified as RCW 29.36.240
pursuant to 2001 c 241 § 25.
40.24.070 Disclosure of records prohibited—
Exceptions. The secretary of state may not make any
records in a program participant’s file available for inspection or copying, other than the address designated by the
secretary of state, except under the following circumstances:
(1) If requested by a law enforcement agency, to the
law enforcement agency;
(2) If directed by a court order, to a person identified in
the order; or
(3) To verify the participation of a specific program
participant, in which case the secretary may only confirm
information supplied by the requester. [1999 c 53 § 1; 1998
c 138 § 3; 1991 c 23 § 7.]
Effective date—1999 c 53: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 20, 1999]." [1999 c 53 § 2.]
40.24.080 Assistance for program applicants. The
secretary of state shall designate state and local agencies and
nonprofit agencies that provide counseling and shelter
services to victims of domestic violence, sexual assault, or
stalking to assist persons applying to be program participants. Any assistance and counseling rendered by the office
of the secretary of state or its designees to applicants shall
in no way be construed as legal advice. [2001 c 28 § 3;
1998 c 138 § 4; 1991 c 23 § 8.]
40.24.090 Adoption of rules. The secretary of state
may adopt rules to facilitate the administration of this
chapter by state and local agencies. [1991 c 23 § 9.]
40.24.060 Voting by program participant—Use of
designated address by county auditor. (1) A program
participant who is otherwise qualified to vote may apply as
a service voter under RCW 29.01.155. The program
participant shall automatically receive absentee ballots for all
elections in the jurisdictions for which that individual resides
in the same manner as absentee voters who qualify under
*RCW 29.36.013, except that the program participant shall
not be required to reapply following January 1st of each
odd-numbered year. The county auditor shall transmit the
absentee ballot to the program participant at the address
designated by the participant in his or her application as a
service voter. Neither the name nor the address of a
[Title 40 RCW—page 12]
(2002 Ed.)
Title 41
PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
Chapters
41.04
41.05
41.06
41.07
41.08
41.12
41.14
41.16
41.18
41.20
41.22
41.24
41.26
41.28
41.31
41.31A
41.32
41.33
41.34
41.35
41.40
41.41
41.44
41.45
41.47
41.48
41.50
41.54
41.56
41.58
41.59
41.60
41.64
41.68
41.72
41.76
41.80
(2002 Ed.)
General provisions.
State health care authority.
State civil service law.
Central personnel-payroll system.
Civil service for city firemen.
Civil service for city police.
Civil service for sheriff’s office.
Firemen’s relief and pensions—1947 act.
Firemen’s relief and pensions—1955 act.
Police relief and pensions in first class cities.
Law enforcement chaplains.
Volunteer fire fighters’ and reserve officers’
relief and pensions.
Law enforcement officers’ and fire fighters’
retirement system.
Retirement of personnel in certain first class
cities.
Extraordinary investment gains—Plan 1.
Extraordinary investment gains—Plan 3.
Teachers’ retirement.
Teachers’ retirement—Federal social security.
Plan 3 retirement system contributions.
Washington school employees’ retirement
system.
Washington public employees’ retirement
system.
State employees’ retirement—Federal social
security.
Statewide city employees’ retirement.
Actuarial funding of state retirement systems.
Acceptance of old age and survivors’ insurance—1941 act.
Federal social security for public employees.
Department of retirement systems.
Portability of public retirement benefits.
Public employees’ collective bargaining.
Public employment labor relations.
Educational employment relations act.
State employees’ suggestion awards and
incentive pay.
Personnel appeals board.
Reparations to state employees terminated
during World War II.
Law enforcement medal of honor.
Public four-year institutions of higher education—Faculty labor relations.
State collective bargaining.
AIDS education and training: Chapter 70.24 RCW.
Application forms for public employment—Mention of race or religion
prohibited: RCW 43.01.100, 43.01.110.
Assumption of obligations of private pension plan when
private utility acquired by public utility district: RCW 54.04.130 through
54.04.150.
urban transportation system acquired: RCW 54.04.160.
Cities and towns
group insurance for employees: RCW 35.23.460.
residence requirements for officers and employees: RCW 35.21.200.
utility employees in cities of first class, collective bargaining for wages,
etc.: RCW 35.22.350.
County employees, payroll deductions for contributions, payments and dues,
authorized: RCW 36.17.045.
County officers, salaries and expenses: Chapter 36.17 RCW.
Designation of agency to carry out federal social security disability
program: RCW 43.17.120, 43.17.130.
Emergency management employees, compensation for injuries, etc.,
procedure: RCW 38.52.190 through 38.52.380.
Exemption from payment of college fees for children of law enforcement
officer or fire fighter totally disabled or losing life: RCW 28B.15.380,
28B.15.385, and 28B.15.520.
Fire protection district personnel—Group life insurance: RCW 52.12.031.
Free transportation for public officers prohibited: State Constitution Art.
12 § 20.
Institutions’ employees, hours and wages: RCW 72.01.042, 72.01.043.
Insurance for certain school employees: RCW 28A.400.350, 28B.10.660.
Labor regulations: Title 49 RCW.
Leaves for duty with emergency management agency: RCW 38.52.140.
Military leaves of absence for public employees: RCW 38.40.060.
Militia officers and enlisted persons
claims, pay, expenses: Chapter 38.24 RCW.
compensation for death or disability: RCW 38.40.030.
Public officers and employees in general: Title 42 RCW.
Public works, employees: Title 39 RCW.
State officers and employees
defense by attorney general: RCW 10.01.150.
salaries and expenses: Chapter 43.03 RCW.
vacations: RCW 43.01.040 through 43.01.044.
State patrol retirement: Chapter 43.43 RCW.
Subversive activities, public officers and employees: Chapter 9.81 RCW.
Tax deferred annuities for education employees: RCW 28A.400.250,
28B.10.480.
Unemployment compensation: Title 50 RCW.
Workers’ compensation: Title 51 RCW.
Chapter 41.04
GENERAL PROVISIONS
Sections
41.04.005
41.04.007
41.04.010
41.04.015
41.04.020
41.04.030
"Veteran" defined for certain purposes.
"Veteran" defined for certain purposes.
Veterans’ scoring criteria status in examinations.
Public employment—Evidence of educational competence.
Public employees—Payroll deductions authorized.
Payroll deductions—Duty of auditing officer.
[Title 41 RCW—page 1]
Chapter 41.04
41.04.033
41.04.035
41.04.036
41.04.039
41.04.110
41.04.120
41.04.130
41.04.140
41.04.150
41.04.160
41.04.170
41.04.180
41.04.190
41.04.205
41.04.208
41.04.212
41.04.220
41.04.230
41.04.232
41.04.233
41.04.235
41.04.240
41.04.245
41.04.270
41.04.273
41.04.275
41.04.300
41.04.340
41.04.350
41.04.360
41.04.362
41.04.364
41.04.370
41.04.375
41.04.380
41.04.382
Title 41 RCW: Public Employment, Civil Service, and Pensions
Operation of the Washington state combined fund drive—
Rules.
Salary and wage deductions for contributions to charitable
agencies—"United Fund" defined—Includes Washington
state combined fund drive.
Salary and wage deductions for contributions to charitable
agencies—Deduction and payment to United Fund or
Washington state combined fund drive—Rules, procedures.
Washington state combined fund drive account—Created.
Persons employed by more than one agency—Joint operation—May provide membership in single system.
Civil service and retirement rights preserved when elective
office assumed.
Extension of provisions of retirement and pension systems
by cities of the first class to nonincluded personnel.
Interchange of personnel between federal and state agencies—"State agency" defined.
Interchange of personnel between federal and state agencies—Agreements—Provisions.
Interchange of personnel between federal and state agencies—Employment status of state employees participating—Retirement—Civil service.
Interchange of personnel between federal and state agencies—Employment status of federal employees participating—Retirement—Civil service.
Hospitalization and medical aid for county, municipal and
other political subdivision employees—Governmental
contributions authorized.
Hospitalization and medical aid for county, municipal and
other political subdivision employees—Cost not additional compensation—Disbursement.
Participation of county, municipal, and other political subdivision employees in state employees’ insurance or selfinsurance and health care program—Transfer procedure.
Local government retirees—Health care—Definitions—
Participation.
Local government retirees—Health care—Administration.
Department of general administration to procure health benefit programs—Other governmental entities may use
services.
Payroll deductions authorized.
Transition to two payrolls per month—Guidelines on deductions and deferrals.
Payroll deductions for capitation payments to health maintenance organizations.
Retirement allowance deductions for health care benefit
plans.
Direct deposit of salaries into financial institutions authorized.
Payroll deductions to a bank, savings bank, credit union, or
savings and loan association.
Public retirement systems—Members or beneficiaries estopped from becoming a member or accruing rights in
any other public retirement system.
Prohibition of retirement benefits passing to slayer beneficiary—Determination by department of retirement systems—Duties upon notice—Payment upon verdicts—
Admissibility of evidence—Immunity.
Pension funding account created.
Travel expenses of state officials and employees.
State employee attendance incentive program—Sick leave
records to be kept—Remuneration or benefits for unused
sick leave.
Mandatory retirement prior to seventy years of age prohibited—Exceptions—Waiver of mandatory retirement.
State-employed chaplains—Housing allowance.
State employee wellness program.
State employee wellness program—Confidentiality of individually identifiable information.
Child care—Legislative intent.
Child care—Rental of suitable space.
Child care—Contracts—Provision of suitable space at reduced cost authorized.
Child care organizations—Qualifications for services.
[Title 41 RCW—page 2]
41.04.385
41.04.390
41.04.395
41.04.400
41.04.405
41.04.410
41.04.415
41.04.420
41.04.425
41.04.430
41.04.440
41.04.445
41.04.450
41.04.455
41.04.460
41.04.500
41.04.505
41.04.510
41.04.515
41.04.520
41.04.525
41.04.530
41.04.535
41.04.540
41.04.545
41.04.550
41.04.580
41.04.585
41.04.590
41.04.595
41.04.600
41.04.605
41.04.610
41.04.615
41.04.620
41.04.625
41.04.630
Child care—Legislative findings—State policy—
Responsibilities of director of personnel.
Flexible-time work schedules.
Disability accommodation revolving fund—Disbursements.
Consolidation of local governmental unit and first class city
retirement system—Intent.
Consolidation of local governmental unit and first class city
retirement system—Definitions.
Consolidation of local governmental unit and first class city
retirement system—Membership in public employees’
retirement system.
Consolidation of local governmental unit and first class city
retirement system—Membership in first class city retirement system.
Consolidation of local governmental unit and first class city
retirement system—Newly created legal entity.
Consolidation of local governmental unit and first class city
retirement system—Limitations.
Consolidation of local governmental unit and first class city
retirement system—Compliance with laws and rules—
Application of sections.
Members’ retirement contributions—Pick up by employer—
Purpose—Benefits not contractual right.
Members’ retirement contributions—Pick up by employer—
Implementation.
Members’ retirement contributions—Pick up by employer—
Optional implementation and withdrawal.
Members’ retirement contributions—Pick up by employer—
Conditions.
Financial planning for retirement—Department of personnel
to provide information to retirement system members.
Disability leave supplement for law enforcement officers and
fire fighters.
Disability leave supplement for law enforcement officers and
fire fighters—Amount.
Disability leave supplement for law enforcement officers and
fire fighters—Payment.
Disability leave supplement for law enforcement officers and
fire fighters—Time limitation.
Disability leave supplement for law enforcement officers and
fire fighters—Employee to perform light duty tasks.
Disability leave supplement for law enforcement officers and
fire fighters—Continuation of employee insurance benefits.
Disability leave supplement for law enforcement officers and
fire fighters—Exhaustion of accrued sick leave.
Disability leave supplement for law enforcement officers and
fire fighters—Greater benefits not precluded.
Disability leave supplement for law enforcement officers and
fire fighters—Supplement not required in smaller cities,
towns, and counties.
Disability leave supplement for law enforcement officers and
fire fighters—Vested right not created.
Disability leave supplement for law enforcement officers and
fire fighters—Not subject to interest arbitration.
Dismissal of municipal employees during World War II—
Redress authorized.
Dismissal of municipal employees during World War II—
Redress not mandatory.
Dismissal of municipal employees during World War II—
Redress—Limitations.
Dismissal of municipal employees during World War II—
Definitions.
Dependent care—Salary reduction plan—Purpose.
Dependent care—Salary reduction plan—Definitions.
Dependent care—Salary reduction plan—Powers and duties
of department.
Dependent care—Salary reduction plan document—Funds,
fees, and appropriations—Dependent care administrative
account created—Presumptions.
Dependent care—Salary reduction plan—Participation by
eligible persons—Enrollment, termination, or modification.
Dependent care—Salary reduction account.
Dependent care—Salary reduction plan—Records and reports.
(2002 Ed.)
General Provisions
41.04.635
Dependent care—Salary reduction plan—Termination or
amendment of plan.
41.04.640 Dependent care—Salary reduction plan—Adoption of rules.
41.04.645 Dependent care—Salary reduction plan—Construction of
statutes.
41.04.650 Leave sharing program—Intent.
41.04.655 Leave sharing program—Definitions.
41.04.660 Leave sharing program—Created.
41.04.665 Leave sharing program—When employee may receive
leave—When employee may transfer accrued leave—
Transfer of leave between employees of different agencies.
41.04.670 Leave sharing program—Adoption of rules.
41.04.700 Employee assistance program—Intent.
41.04.710 Employee assistance program—Created.
41.04.720 Employee assistance program—Director of human resources—Duties.
41.04.730 Employee assistance program—Information confidential—
Exceptions.
41.04.750 Supported employment—Definitions.
41.04.760 Supported employment—State agency participation.
41.04.770 Supported employment—Implementation.
41.04.780 Supported employment—Impact on other employment positions.
41.04.800 Chapter not applicable to officers and employees of state
convention and trade center.
Payroll deductions authorized for school district employees: RCW
28A.405.400 and 28A.405.410.
41.04.005 "Veteran" defined for certain purposes.
(1) As used in RCW 41.04.005, 41.16.220, 41.20.050,
41.40.170, and 28B.15.380 "veteran" includes every person,
who at the time he or she seeks the benefits of RCW
41.04.005, 41.16.220, 41.20.050, 41.40.170, or 28B.15.380
has received an honorable discharge or received a discharge
for physical reasons with an honorable record and who meets
at least one of the following criteria:
(a) The person has served between World War I and
World War II or during any period of war, as defined in
subsection (2) of this section, as either:
(i) A member in any branch of the armed forces of the
United States;
(ii) A member of the women’s air forces service pilots;
(iii) A U.S. documented merchant mariner with service
aboard an oceangoing vessel operated by the war shipping
administration, the office of defense transportation, or their
agents, from December 7, 1941, through December 31, 1946;
or
(iv) A civil service crewmember with service aboard a
U.S. army transport service or U.S. naval transportation
service vessel in oceangoing service from December 7, 1941,
through December 31, 1946; or
(b) The person has received the armed forces expeditionary medal, or marine corps and navy expeditionary
medal, for opposed action on foreign soil, for service:
(i) In any branch of the armed forces of the United
States; or
(ii) As a member of the women’s air forces service
pilots.
(2) A "period of war" includes:
(a) World War I;
(b) World War II;
(c) The Korean conflict;
(d) The Vietnam era[, which] means:
(2002 Ed.)
Chapter 41.04
(i) The period beginning on February 28, 1961, and
ending on May 7, 1975, in the case of a veteran who served
in the Republic of Vietnam during that period;
(ii) The period beginning August 5, 1964, and ending on
May 7, 1975;
(e) The Persian Gulf War, which was the period
beginning August 2, 1990, and ending on the date prescribed
by presidential proclamation or law;
(f) The period beginning on the date of any future
declaration of war by the congress and ending on the date
prescribed by presidential proclamation or concurrent
resolution of the congress; and
(g) The following armed conflicts, if the participant was
awarded the respective campaign badge or medal: The crisis
in Lebanon; the invasion of Grenada; Panama, Operation Just
Cause; Somalia, Operation Restore Hope; Haiti, Operation
Uphold Democracy; and Bosnia, Operation Joint Endeavor.
[2002 c 292 § 1; 2002 c 27 § 1; 1999 c 65 § 1; 1996 c 300
§ 1; 1991 c 240 § 1; 1984 c 36 § 1; 1983 c 230 § 1; 1982
1st ex.s. c 37 § 20; 1969 ex.s. c 269 § 1.]
Reviser’s note: This section was amended by 2002 c 27 § 1 and by
2002 c 292 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1983 c 230: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1983." [1983 c 230 § 3.]
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
41.04.007 "Veteran" defined for certain purposes.
"Veteran" includes every person, who at the time he or she
seeks the benefits of RCW 72.36.030, 41.04.010, 73.04.090,
73.04.110, 73.08.010, 73.08.060, 73.08.070, or 73.08.080 has
received an honorable discharge or received a discharge for
medical reasons with an honorable record, where applicable,
and who has served in at least one of the following capacities:
(1) As a member in any branch of the armed forces of
the United States, including the national guard and armed
forces reserves, and has fulfilled his or her initial military
service obligation;
(2) As a member of the women’s air forces service
pilots;
(3) As a member of the armed forces reserves, national
guard, or coast guard, and has been called into federal
service by a presidential select reserve call up for at least
one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard
a U.S. army transport service or U.S. naval transportation
service vessel in oceangoing service from December 7, 1941,
through December 31, 1946; or
(5) As a member of the Philippine armed forces/scouts
during the period of armed conflict from December 7, 1941,
through August 15, 1945. [2002 c 292 § 2.]
41.04.010 Veterans’ scoring criteria status in
examinations. In all competitive examinations, unless
otherwise provided in this section, to determine the qualifications of applicants for public offices, positions or employment, the state, and all of its political subdivisions and all
[Title 41 RCW—page 3]
41.04.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
municipal corporations, shall give a scoring criteria status to
all veterans as defined in RCW 41.04.007, by adding to the
passing mark, grade or rating only, based upon a possible
rating of one hundred points as perfect a percentage in
accordance with the following:
(1) Ten percent to a veteran who served during a period
of war or in an armed conflict as defined in RCW 41.04.005
and does not receive military retirement. The percentage
shall be added to the passing mark, grade, or rating of
competitive examinations until the veteran’s first appointment. The percentage shall not be utilized in promotional
examinations;
(2) Five percent to a veteran who did not serve during
a period of war or in an armed conflict as defined in RCW
41.04.005 or is receiving military retirement. The percentage shall be added to the passing mark, grade, or rating of
competitive examinations until the veteran’s first appointment. The percentage shall not be utilized in promotional
examinations;
(3) Five percent to a veteran who was called to active
military service for one or more years from employment
with the state or any of its political subdivisions or municipal corporations. The percentage shall be added to the
first promotional examination only;
(4) All veterans’ scoring criteria specified in subsections
(1), (2), and (3) of this section must be claimed within
fifteen years of the date of release from active military
service. This period may be extended for valid and extenuating reasons to include but not be limited to:
(a) Documented medical reasons beyond control of the
veteran;
(b) United States department of veterans’ affairs
documented disabled veteran; or
(c) Any veteran who has his or her employment
terminated through no fault or action of his or her own and
whose livelihood is adversely affected may seek scoring
criteria employment consideration under this section. [2002
c 292 § 4; 2000 c 140 § 1; 1974 ex.s. c 170 § 1; 1969 ex.s.
c 269 § 2; 1953 ex.s. c 9 § 1; 1949 c 134 § 1; 1947 c 119
§ 1; 1945 c 189 § 1; Rem. Supp. 1949 § 9963-5.]
Veterans and veterans’ affairs: Title 73 RCW.
41.04.015 Public employment—Evidence of educational competence. A Washington certificate of educational
competence as awarded by the Washington state superintendent of public instruction or an official report of equivalent
acceptable scores of the general educational development test
shall be accepted in lieu of a high school diploma by the
state and any local political subdivision when considering
applicants for employment or promotion. [1971 c 43 § 1.]
41.04.020 Public employees—Payroll deductions
authorized. Any employee or group of employees of the
state of Washington or any of its political subdivisions, or of
any institution supported, in whole or in part, by the state or
any of its political subdivisions, may authorize the deduction
from his or her salaries or wages and payment to another,
the amount or amounts of his or her subscription payments
or contributions to any person, firm, or corporation administering, furnishing, or providing (1) medical, surgical, and
hospital care or either of them, or (2) life insurance or
[Title 41 RCW—page 4]
accident and health disability insurance, or (3) any individual
retirement account selected by the employee or the
employee’s spouse established under applicable state or
federal law: PROVIDED, That such authorization by said
employee or group of employees, shall be first approved by
the head of the department, division office or institution of
the state or any political subdivision thereof, employing such
person or group of persons, and filed with the department of
personnel; or in the case of political subdivisions of the state
of Washington, with the auditor of such political subdivision
or the person authorized by law to draw warrants against the
funds of said political subdivision. [1998 c 116 § 1; 1982 c
107 § 1; 1973 c 106 § 15; 1947 c 70 § 1; Rem. Supp. 1947
§ 9963-10.]
Group insurance
disability: Chapter 48.21 RCW.
for employees of
cities and towns: RCW 35.23.460.
counties: RCW 36.32.400.
life: Chapter 48.24 RCW.
41.04.030 Payroll deductions—Duty of auditing
officer. Upon being authorized by any employee or group
of employees so to do under the provisions of RCW
41.04.020, the auditor or other person authorized to draw
warrants against the funds involved is authorized, and if such
medical, surgical, and hospital care or either of them, or life
insurance or accident and health disability insurance is to be
provided on a group basis for groups each of not less than
twenty-five individuals such auditor or other person is
hereby required, to draw and issue a proper warrant or
warrants directly to and in favor of the person, firm, or
corporation, or organization named in the authorization for
the total amount authorized to be deducted from the payroll
of any such office, department, division, or institution.
[1953 c 260 § 1; 1947 c 70 § 2; Rem. Supp. 1947 § 996311.]
41.04.033 Operation of the Washington state
combined fund drive—Rules. The director of the department of personnel is authorized to adopt rules, after consultation with state agencies, institutions of higher education,
and employee organizations, for the operation of the Washington state combined fund drive. [2002 c 61 § 4.]
41.04.035 Salary and wage deductions for contributions to charitable agencies—"United Fund" defined—
Includes Washington state combined fund drive. For the
purpose of RCW 41.04.035 and 41.04.036 "United Fund"
means the organization conducting the single, annual,
consolidated effort to secure funds for distribution to
agencies engaged in charitable and public health, welfare and
service purposes, which is commonly known as the United
Fund or the Washington state combined fund drive. [2002
c 61 § 1; 1957 c 208 § 1.]
41.04.036 Salary and wage deductions for contributions to charitable agencies—Deduction and payment to
United Fund or Washington state combined fund drive—
Rules, procedures. Any official of the state or of any of its
political subdivisions authorized to disburse funds in payment of salaries or wages of public officers or employees is
(2002 Ed.)
General Provisions
authorized, upon written request of the officer or employee,
to deduct from the salary or wages of the officer or employee the amount of money designated by the officer or
employee for payment to the United Fund or the Washington
state combined fund drive.
The moneys so deducted shall be paid over promptly to
the United Fund or the Washington state combined fund
drive designated by the officer or employee. Subject to any
rules adopted by the office of financial management, the
official authorized to disburse the funds in payment of
salaries or wages may prescribe any procedures necessary to
carry out RCW 41.04.035 and 41.04.036. [2002 c 61 § 2;
1983 1st ex.s. c 28 § 2; 1979 c 151 § 53; 1973 c 106 § 16;
1957 c 208 § 2.]
Application—1983 1st ex.s. c 28: See note following RCW
42.16.010.
41.04.039 Washington state combined fund drive
account—Created. The Washington state combined fund
drive account is created in the custody of the state treasurer.
All receipts from the combined fund drive must be deposited
into the account. Expenditures from the account may be
used only for the beneficiaries of the Washington state
combined fund drive. Only the director of the department of
personnel or the director’s designee may authorize expenditures from the account. The account is not subject to
allotment procedures under chapter 43.88 RCW, and an
appropriation is not required for expenditures. [2002 c 61 §
3.]
41.04.110 Persons employed by more than one
agency—Joint operation—May provide membership in
single system. When there exists a joint operation of a
public service, the authorities may make provision for
membership of all new employees in one designated retirement system by agreement with the proper authorities.
[1951 c 98 § 5.]
41.04.120 Civil service and retirement rights
preserved when elective office assumed. Any civil service
employee of the state of Washington or of any political
subdivision thereof who is on leave of absence by reason of
having been elected or appointed to an elective office shall
be preserved in his civil service status, his seniority, rank
and retirement rights so long as he regularly continues to
make the usual contribution incident to the retention of such
beneficial rights as if he were not on leave of absence:
PROVIDED, That such contributions being made shall be
based on the rank at the time of taking such leave of
absence. [1957 c 164 § 1.]
41.04.130 Extension of provisions of retirement and
pension systems by cities of the first class to nonincluded
personnel. Any city of the first class may, by ordinance,
extend, upon conditions deemed proper, the provisions of
retirement and pension systems for superannuated and
disabled officers and employees to officers and employees
with five years of continuous service and acting in capacities
in which they would otherwise not be entitled to participation in such systems: PROVIDED, That the following shall
be specifically exempted from the provisions of this section.
(2002 Ed.)
41.04.036
(1) Members of the police departments who are entitled
to the benefits of the police relief and pension fund as
established by state law.
(2) Members of the fire department who are entitled to
the benefits of the firemen’s relief and pension fund as
established by state law. [1945 c 52 § 1; 1941 c 192 § 1;
Rem. Supp. 1945 § 9592-129. Formerly codified as RCW
41.28.250.]
41.04.140 Interchange of personnel between federal
and state agencies—"State agency" defined. "State
agency" means a board, department, commission or institution of the state or its political subdivisions. [1959 c 102 §
1.]
41.04.150 Interchange of personnel between federal
and state agencies—Agreements—Provisions. A state
agency may enter into agreements with departments or other
subdivisions of the federal government for the interchange of
personnel on projects which are of mutual benefit to the state
and federal government.
An interchange agreement shall specify the fiscal
arrangements to be made, including compensations, rights,
benefits and obligations of the employees concerned, travel
and transportation of employees, their immediate families
and household goods, and the duties and supervision of
employees while on assignment. [1959 c 102 § 2.]
41.04.160 Interchange of personnel between federal
and state agencies—Employment status of state employees participating—Retirement—Civil service. State
agency employees participating in an interchange may be
carried on detail or in a leave of absence status.
(1) Wherever practicable, employees should be carried
on detail. While on detail under an interchange agreement,
employees shall remain employees of the state agency for all
fiscal purposes, but shall receive no reimbursement for travel
or other expenses except as provided in RCW 41.04.150.
(2) State agency employees who receive temporary
appointments with federal agencies shall be carried by the
state agency in a leave of absence status. Participation in an
interchange shall be considered as service under any retirement system of which the employees are members. Arrangements for payment of employees’ contributions to a
retirement system may be by the interchange agreement or
otherwise. Employees participating in an interchange shall
be entitled to credit the full period toward promotion or
salary increase as provided by any applicable civil service
laws or regulations. [1959 c 102 § 3.]
41.04.170 Interchange of personnel between federal
and state agencies—Employment status of federal
employees participating—Retirement—Civil service.
Federal employees participating in an interchange may
receive appointment by the state agency, or may be considered to be on detail with the state agency.
(1) Appointments of federal employees shall be made
without regard to civil service laws or regulations. Compensation shall be in accordance with the usual rates paid by the
state agency for similar positions.
[Title 41 RCW—page 5]
41.04.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
An appropriate percentage of compensation shall be
deducted and transmitted to the federal agency for retirement
and insurance where the interchange agreement so provides.
(2) Federal employees on detail with a state agency
remain employees of and shall continue to receive their
compensation from the federal agency, subject to the terms
of the interchange agreement. [1959 c 102 § 4.]
41.04.180 Hospitalization and medical aid for
county, municipal and other political subdivision employees—Governmental contributions authorized. Any
county, municipality, or other political subdivision of the
state acting through its principal supervising official or
governing body may, whenever funds shall be available for
that purpose provide for all or a part of hospitalization and
medical aid for its employees and their dependents through
contracts with regularly constituted insurance carriers or with
health care service contractors as defined in chapter 48.44
RCW or self-insurers as provided for in chapter 48.62 RCW,
for group hospitalization and medical aid policies or plans:
PROVIDED, That any county, municipality, or other
political subdivision of the state acting through its principal
supervising official or governing body shall provide the
employees thereof a choice of policies or plans through
contracts with not less than two regularly constituted
insurance carriers or health care service contractors or other
health care plans, including but not limited to, trusts of selfinsurance as provided for in chapter 48.62 RCW: AND
PROVIDED FURTHER, That any county may provide such
hospitalization and medical aid to county elected officials
and their dependents on the same basis as such hospitalization and medical aid is provided to other county employees
and their dependents: PROVIDED FURTHER, That
provision for school district personnel shall not be made
under this section but shall be as provided for in RCW
28A.400.350. [1991 sp.s. c 30 § 18; 1974 ex.s. c 82 § 1;
1973 1st ex.s. c 147 § 6; 1970 ex.s. c 39 § 10; 1969 ex.s. c
237 § 1; 1967 c 135 § 1; 1965 c 57 § 1; 1963 c 75 § 1.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
Effective date—1969 ex.s. c 237: "The effective date of this 1969
amendatory act shall be July 1, 1969: PROVIDED, That health benefit
contracts awarded under the provisions of RCW 41.04.180 which expire
after July 1, 1969 may be extended up to one year with the approval of the
state employees’ insurance and health care advisory committee as established under the provisions of section 8 of this act." [1969 ex.s. c 237 §
10.]
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
State health care authority: Chapter 41.05 RCW.
41.04.190 Hospitalization and medical aid for
county, municipal and other political subdivision employees—Cost not additional compensation—Disbursement.
The cost of a policy or plan to a public agency or body is
not additional compensation to the employees or elected
officials covered thereby. The elected officials to whom this
section applies include but are not limited to commissioners
elected under chapters 28A.315, 52.14, 53.12, 54.12, 57.12,
70.44, and 87.03 RCW, as well as any county elected
[Title 41 RCW—page 6]
officials who are provided insurance coverage under RCW
41.04.180. Any officer authorized to disburse such funds
may pay in whole or in part to an insurance carrier or health
care service contractor the amount of the premiums due
under the contract. [1996 c 230 § 1610; 1992 c 146 § 13;
1983 1st ex.s. c 37 § 1; 1965 c 57 § 2; 1963 c 75 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Action disqualifying legislators proscribed—Severability—1965 c
57: "No board of county commissioners shall take any action under this
1965 amendatory act which shall disqualify members of the present
legislature, under Article II, section 13, of the Constitution, from being
candidates for or being elected or appointed to county elected offices.
If any provision of the action of a board of county commissioners is
held invalid under the preceding paragraph of this section, the remainder of
the action or the application of the provision to other persons or circumstances shall not be affected." [1965 c 57 § 3.]
41.04.205 Participation of county, municipal, and
other political subdivision employees in state employees’
insurance or self-insurance and health care program—
Transfer procedure. (1) Notwithstanding the provisions of
RCW 41.04.180, the employees, with their dependents, of
any county, municipality, or other political subdivision of
this state shall be eligible to participate in any insurance or
self-insurance program for employees administered under
chapter 41.05 RCW if the legislative authority of any such
county, municipality, or other political subdivisions of this
state determines, subject to collective bargaining under
applicable statutes, a transfer to an insurance or self-insurance program administered under chapter 41.05 RCW should
be made. In the event of a special district employee transfer
pursuant to this section, members of the governing authority
shall be eligible to be included in such transfer if such
members are authorized by law as of June 25, 1976 to
participate in the insurance program being transferred from
and subject to payment by such members of all costs of
insurance for members.
(2) When the legislative authority of a county, municipality, or other political subdivision determines to so
transfer, the state health care authority shall:
(a) Establish the conditions for participation; and
(b) Have the sole right to reject the application.
Approval of the application by the state health care
authority shall effect a transfer of the employees involved to
the insurance, self-insurance, or health care program applied
for.
(3) Any application of this section to members of the
law enforcement officers’ and fire fighters’ retirement
system under chapter 41.26 RCW is subject to chapter 41.56
RCW.
(4) School districts may voluntarily transfer, except that
all eligible employees in a bargaining unit of a school
district may transfer only as a unit and all nonrepresented
employees in a district may transfer only as a unit. [1995
1st sp.s. c 6 § 8; 1993 c 386 § 3; 1992 c 199 § 1; 1990 c
222 § 1; 1988 c 107 § 17; 1975-’76 2nd ex.s. c 106 § 1.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Effective date—1993 c 386 §§ 3, 7, and 11: "Sections 3, 7, and 11
of this act shall take effect October 1, 1993." [1993 c 386 § 17.]
Intent—1993 c 386: See note following RCW 28A.400.391.
(2002 Ed.)
General Provisions
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
41.04.208 Local government retirees—Health
care—Definitions—Participation. (Effective January 1,
2003.) (1) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this section.
(a) "Disabled employee" means an individual eligible to
receive a disability retirement allowance from the public
employees’ retirement system.
(b) "Health plan" means a contract, policy, fund, trust,
or other program established jointly or individually by a
county, municipality, or other political subdivision of the
state that provides for all or a part of hospitalization or
medical aid for its employees and their dependents under
RCW 41.04.180.
(c) "Retired employee" means a public employee
meeting the retirement eligibility, years of service requirements, and other criteria set forth in the public employees’
retirement system.
(2) A county, municipality, or other political subdivision
that provides a health plan for its employees shall permit
retired and disabled employees and their dependents to
continue participation in a plan subject to the exceptions,
limitations, and conditions set forth in this section. However, this section does not apply to a county, municipality, or
other political subdivision participating in an insurance
program administered under chapter 41.05 RCW if retired
and disabled employees and their dependents of the participating county, municipality, or other political subdivision are
covered under an insurance program administered under
chapter 41.05 RCW. Nothing in this subsection or chapter
319, Laws of 2002 precludes the local government employer
from offering retired or disabled employees a health plan
with a benefit structure, copayment, deductible, coinsurance,
lifetime benefit maximum, and other plan features which
differ from those offered through a health plan provided to
active employees. Further, nothing in this subsection
precludes a local government employer from joining with
other public agency employers, including interjurisdictional
benefit pools and multi-employer associations or consortiums, to fulfill its obligations under chapter 319, Laws of
2002.
(3) A county, municipality, or other political subdivision
has full authority to require a person who requests continued
participation in a health plan under subsection (2) of this
section to pay the full cost of such participation, including
any amounts necessary for administration. However, this
subsection does not require an employer who is currently
paying for all or part of a health plan for its retired and
disabled employees to discontinue those payments.
(4) Payments for continued participation in a former
employer’s health plan may be assigned to the underwriter
of the health plan from public pension benefits or may be
paid to the former employer, as determined by the former
employer, so that an underwriter of the health plan that is an
insurance company, health care service contractor, or health
maintenance organization is not required to accept individual
payments from persons continuing participation in the
employer’s health plan.
(5) After an initial open enrollment period of ninety
days after January 1, 2003, an employer may not be required
(2002 Ed.)
41.04.205
to permit a person to continue participation in the health plan
if the person is responsible for a lapse in coverage under the
plan. In addition, an employer may not be required to
permit a person to continue participation in the employer’s
health plan if the employer offered continued participation in
a health plan that meets the requirements of chapter 319,
Laws of 2002.
(6) If a person continuing participation in the former
employer’s health plan has medical coverage available
through another employer, the medical coverage of the other
employer is the primary coverage for purposes of coordination of benefits as provided for in the former employer’s
health plan.
(7) If a person’s continued participation in a health plan
was permitted because of the person’s relationship to a
retired or disabled employee of the employer providing the
health plan and the retired or disabled employee dies, then
that person is permitted to continue participation in the
health plan for a period of not more than six months after
the death of the retired or disabled employee. However, the
employer providing the health plan may permit continued
participation beyond that time period.
(8) An employer may offer one or more health plans
different from that provided for active employees and
designed to meet the needs of persons requesting continued
participation in the employer’s health plan. An employer, in
designing or offering continued participation in a health plan,
may utilize terms or conditions necessary to administer the
plan to the extent the terms and conditions do not conflict
with this section.
(9) If an employer changes the underwriter of a health
plan, the replaced underwriter has no further responsibility
or obligation to persons who continued participation in a
health plan of the replaced underwriter. However, the
employer shall permit those persons to participate in any
new health plan.
(10) The benefits granted under this section are not
considered a matter of contractual right. Should the legislature, a county, municipality, or other political subdivision of
the state revoke or change any benefits granted under this
section, an affected person is not entitled to receive the
benefits as a matter of contractual right.
(11) This section does not affect any health plan
contained in a collective bargaining agreement in existence
as of January 1, 2003. However, any plan contained in
future collective bargaining agreements shall conform to this
section. In addition, this section does not affect any health
plan contract or policy in existence as of January 1, 2003.
However, any renewal of the contract or policy shall
conform to this section. [2002 c 319 § 2.]
Intent—2002 c 319: "It is the intent of this act to provide retirees of
local government employers access to health care benefits. It is also the
intent of this act that local government employers be allowed the flexibility
to design programs to meet the health care needs of their retirees and that
the local government employer be able to recover all costs associated with
providing retirees access to health benefits." [2002 c 319 § 1.]
Effective date—Implementation—2002 c 319: "This act takes effect
January 1, 2003. However, if a political subdivision is unable to structure
a health plan to meet the requirements of this act by January 1, 2003,
additional time of up to one year is allowed. All political subdivisions must
implement this act by January 1, 2004." [2002 c 319 § 5.]
[Title 41 RCW—page 7]
41.04.212
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.04.212 Local government retirees—Health
care—Administration. (Effective January 1, 2003.)
Employers providing access to health insurance coverage
under chapter 319, Laws of 2002 may adopt criteria which
specify allowable enrollment periods, require enrollees to
keep current addresses and information, and outline other
processes to ensure that plans can be administered efficiently
and effectively. [2002 c 319 § 3.]
Intent—Effective date—Implementation—2002 c 319: See notes
following RCW 41.04.208.
41.04.220 Department of general administration to
procure health benefit programs—Other governmental
entities may use services. Any governmental entity other
than state agencies, may use the services of the department
of general administration upon the approval of the director,
in procuring health benefit programs as provided by RCW
41.04.180, 28A.400.350 and 28B.10.660: PROVIDED, That
the department of general administration may charge for the
administrative cost incurred in the procuring of such services. [1983 c 3 § 88; 1969 ex.s. c 237 § 7.]
Effective date—1969 ex.s. c 237: See note following RCW
41.04.180.
41.04.230 Payroll deductions authorized. Any
official of the state authorized to disburse funds in payment
of salaries and wages of public officers or employees is
authorized, upon written request of the officer or employee,
to deduct from the salaries or wages of the officers or
employees, the amount or amounts of subscription payments,
premiums, contributions, or continuation thereof, for payment of the following:
(1) Credit union deductions: PROVIDED, That twentyfive or more employees of a single state agency or a total of
one hundred or more state employees of several agencies
have authorized such a deduction for payment to the same
credit union. An agency may, in its own discretion, establish
a minimum participation requirement of fewer than twentyfive employees.
(2) Parking fee deductions: PROVIDED, That payment
is made for parking facilities furnished by the agency or by
the department of general administration.
(3) U.S. savings bond deductions: PROVIDED, That a
person within the particular agency shall be appointed to act
as trustee. The trustee will receive all contributions;
purchase and deliver all bond certificates; and keep such
records and furnish such bond or security as will render full
accountability for all bond contributions.
(4) Board, lodging or uniform deductions when such
board, lodging and uniforms are furnished by the state, or
deductions for academic tuitions or fees or scholarship
contributions payable to the employing institution.
(5) Dues and other fees deductions: PROVIDED, That
the deduction is for payment of membership dues to any
professional organization formed primarily for public
employees or college and university professors: AND
PROVIDED, FURTHER, That twenty-five or more employees of a single state agency, or a total of one hundred or
more state employees of several agencies have authorized
such a deduction for payment to the same professional
organization.
[Title 41 RCW—page 8]
(6) Labor or employee organization dues may be
deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the
provisions of RCW 41.06.150: PROVIDED, That twentyfive or more officers or employees of a single agency, or a
total of one hundred or more officers or employees of
several agencies have authorized such a deduction for
payment to the same labor or employee organization:
PROVIDED, FURTHER, That labor or employee organizations with five hundred or more members in state government may have payroll deduction for employee benefit
programs.
(7) Insurance contributions to the authority for payment
of premiums under contracts authorized by the state health
care authority. However, enrollment or assignment by the
state health care authority to participate in a health care
benefit plan, as required by RCW 41.05.065(5), shall
authorize a payroll deduction of premium contributions
without a written consent under the terms and conditions
established by the public employees’ benefits board.
(8) Deductions to a bank, savings bank, or savings and
loan association if (a) the bank, savings bank, or savings and
loan association is authorized to do business in this state;
and (b) twenty-five or more employees of a single agency,
or fewer, if a lesser number is established by such agency,
or a total of one hundred or more state employees of several
agencies have authorized a deduction for payment to the
same bank, savings bank, or savings and loan association.
Deductions from salaries and wages of public officers
and employees other than those enumerated in this section or
by other law, may be authorized by the director of financial
management for purposes clearly related to state employment
or goals and objectives of the agency and for plans authorized by the state health care authority.
(9) Contributions to the Washington state combined fund
drive.
The authority to make deductions from the salaries and
wages of public officers and employees as provided for in
this section shall be in addition to such other authority as
may be provided by law: PROVIDED, That the state or any
department, division, or separate agency of the state shall not
be liable to any insurance carrier or contractor for the failure
to make or transmit any such deduction. [2002 c 61 § 5;
1995 1st sp.s. c 6 § 21. Prior: 1993 c 2 § 26 (Initiative
Measure No. 134, approved November 3, 1992); 1992 c 192
§ 1; 1988 c 107 § 19; 1985 c 271 § 1; 1983 1st ex.s. c 28 §
3; 1980 c 120 § 1; 1979 c 151 § 54; 1973 1st ex.s. c 147 §
5; 1970 ex.s. c 39 § 11; 1969 c 59 § 5.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
Application—1983 1st ex.s. c 28: See note following RCW
42.16.010.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
41.04.232 Transition to two payrolls per month—
Guidelines on deductions and deferrals. In order to
facilitate the transition from one payroll per month to two
(2002 Ed.)
General Provisions
payrolls per month, the following guidelines concerning
payroll deductions and deferrals are established:
(1) All mandatory and voluntary deductions which are
based upon a percentage of salary shall be deducted, after
August 23, 1983, from the salaries payable for each pay
period. This subsection shall apply regardless of when the
deductions were authorized or required.
(2) The office of financial management shall adopt
reasonable procedures providing for deductions, including
deferrals, which are not based on a percentage of salary.
(3) Amounts which are deducted in accordance with
subsections (1) and (2) of this section shall be paid to the
designated recipient no later than the established paydates
except when other agreements are reached with the designated recipient.
(4) Payment of deductions and deferrals to the designated recipient shall be made by warrant or check except when
the designated recipient requests payment by electronic funds
transfer. If recipients request electronic funds transfers,
sufficient time shall be made available to establish the
process. The elapsed time to establish the process shall not
exceed three months from the time the recipient has requested in writing to the appropriate data processing payroll
systems manager to receive payment by electronic funds
transfer.
Documentation and itemization of deductions or deferrals paid shall be in printed form unless the designated
recipient requests computer tapes. If recipients request
computer tapes, sufficient time shall be made available to
establish the process. Computer tapes shall be made
available to the requesting designated recipient if at least one
hundred employees paid from an automated payroll system
have such deductions. The elapsed time to establish the
process for providing computer tapes shall not exceed three
months from the time the recipient has requested in writing
to the appropriate data processing payroll systems manager
to receive computer tapes. With the approval of the office
of financial management, more advanced technology may be
utilized to provide payment, documentation, and itemization
of deductions to designated recipients. [1983 1st ex.s. c 28
§ 4.]
Application—1983 1st ex.s. c 28: See note following RCW
42.16.010.
41.04.233 Payroll deductions for capitation payments to health maintenance organizations. Any employee or retired employee of the state or its departments,
agencies, or subdivisions and any employee or retired
employee of a county, public or municipal corporation,
school district, or tax supported institution may authorize the
deduction from his salary or wages of the amount of his
capitation payments to any health maintenance organization
receiving a certificate of authority under this chapter. Upon
the filing of an authorization with the auditor or fiscal officer
of the employer, such auditor or fiscal officer shall make
payments in favor of the health maintenance organizations
referred to in the authorization for the amounts of the
deductions authorized, *RCW 41.04.230(7) notwithstanding.
[1975 1st ex.s. c 290 § 20.]
*Reviser’s note: RCW 41.04.230 was amended by 1993 c 2 § 26
(Initiative Measure No. 134), and subsection (7) was deleted.
Severability—1975 1st ex.s. c 290: See RCW 48.46.910.
(2002 Ed.)
41.04.232
41.04.235 Retirement allowance deductions for
health care benefit plans. Participants in a health care
benefit plan approved pursuant to RCW 41.04.180,
41.05.065, or 28A.400.350, whichever is applicable, who are
retired public employees, may authorize the deduction from
their retirement allowances, of the amount or amounts of
their subscription payments, premiums, or contributions to
any person, firm, or corporation furnishing or providing
medical, surgical, and hospital care or other health care
insurance upon the approval by the retirement board of an
application for such deduction on the prescribed form, and
the treasurer of the state shall duly and timely draw and
issue proper warrants directly to and in favor of the person,
firm, or corporation, or organization named in the authorization for the amount authorized to be deducted. [1993 c 386
§ 4; 1983 c 3 § 89; 1975 1st ex.s. c 73 § 1.]
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note
following RCW 28A.400.391.
41.04.240 Direct deposit of salaries into financial
institutions authorized. Any official of the state or of any
political subdivision, municipal corporation, or quasi municipal corporation authorized to disburse funds in payment of
salaries and wages of employees is authorized upon written
request of at least twenty-five employees to pay all or part
of such salaries or wages to any financial institution for
either: (1) Credit to the employees’ accounts in such financial institution; or (2) immediate transfer therefrom to the
employees’ accounts in any other financial institutions:
PROVIDED, That nothing in this section shall be construed
as authorizing any employer to require the employees to
have an account in any particular financial institution or type
of financial institution. A single warrant may be drawn in
favor of such financial institution, for the total amount due
the employees involved, and written directions provided to
such financial institution of the amount to be credited to the
account of an employee or to be transferred to an account in
another financial institution for such employee. The issuance
and delivery by the disbursing officer of a warrant in
accordance with the procedure set forth herein and proper
indorsement thereof by the financial institution shall have the
same legal effect as payment directly to the employee.
For the purposes of this section "financial institution"
means any bank or trust company established in this state
pursuant to chapter 2, Title 12, United States Code, or Title
30 RCW, and any credit union established in this state
pursuant to chapter 14, Title 12, United States Code, or
chapter 31.12 RCW, and any mutual savings bank established in this state pursuant to Title 32 RCW, and any
savings and loan association established in this state pursuant
to chapter 12, Title 12, United States Code, or Title 33
RCW. [1977 ex.s. c 269 § 1; 1969 c 59 § 6.]
41.04.245 Payroll deductions to a bank, savings
bank, credit union, or savings and loan association. Any
official of any local political subdivision of the state,
municipal corporation, or quasi-municipal corporation
authorized to disburse funds in payment of salaries and
wages of employees is authorized upon written request of
any employee, to deduct all or part of such employee’s
[Title 41 RCW—page 9]
41.04.245
Title 41 RCW: Public Employment, Civil Service, and Pensions
salary or wages for payment to any bank, savings bank,
credit union, or savings and loan association if (1) the bank,
savings bank, credit union, or savings and loan association
is authorized to do business in this state; and (2) twenty-five
or more employees of a single local political subdivision, or
fewer, if a lesser number is established by such local
political subdivision, authorize such a deduction for payment
to the same bank, savings bank, credit union, or savings and
loan association. [1992 c 192 § 2.]
41.04.270 Public retirement systems—Members or
beneficiaries estopped from becoming a member or
accruing rights in any other public retirement system.
(1) Notwithstanding any provision of chapter 2.10, 2.12,
41.26, 41.28, 41.32, 41.35, 41.40, or 43.43 RCW to the
contrary, on and after March 19, 1976, any member or
former member who (a) receives a retirement allowance
earned by said former member as deferred compensation
from any public retirement system authorized by the general
laws of this state, or (b) is eligible to receive a retirement
allowance from any public retirement system listed in RCW
41.50.030, but chooses not to apply, or (c) is the beneficiary
of a disability allowance from any public retirement system
listed in RCW 41.50.030 shall be estopped from becoming
a member of or accruing any contractual rights whatsoever
in any other public retirement system listed in RCW
41.50.030: PROVIDED, That (a) and (b) of this subsection
shall not apply to persons who have accumulated less than
fifteen years service credit in any such system.
(2) Nothing in this section is intended to apply to any
retirement system except those listed in RCW 41.50.030 and
the city employee retirement systems for Seattle, Tacoma,
and Spokane. Subsection (1)(b) of this section does not
apply to a dual member as defined in RCW 41.54.010.
[2001 c 180 § 4; 1988 c 195 § 5; 1987 c 192 § 9; 1980 c 29
§ 1; 1975-’76 2nd ex.s. c 105 § 1.]
Effective date—1988 c 195: See RCW 41.54.901.
Effective dates—1987 c 192: See RCW 41.54.900.
Severability—1975-’76 2nd ex.s. c 105: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 105
§ 28.]
41.04.273 Prohibition of retirement benefits passing
to slayer beneficiary—Determination by department of
retirement systems—Duties upon notice—Payment upon
verdicts—Admissibility of evidence—Immunity. (1) For
purposes of this section, the following definitions shall
apply:
(a) "Slayer" means a slayer as defined in RCW
11.84.010.
(b) "Decedent" means any person whose life is taken by
a slayer, and who is entitled to benefits from the Washington
state department of retirement systems by written designation
or by operation of law.
(2) Property that would have passed to or for the benefit
of a beneficiary under one of the retirement systems listed in
RCW 41.50.030 shall not pass to that beneficiary if the
beneficiary was a slayer of the decedent and the property
shall be distributed as if the slayer had predeceased the
decedent.
[Title 41 RCW—page 10]
(3) A slayer is deemed to have predeceased the decedent
as to property which, by designation or by operation of law,
would have passed from the decedent to the slayer because
of the decedent’s entitlement to benefits under one of the
retirement systems listed in RCW 41.50.030.
(4)(a) The department of retirement systems has no
affirmative duty to determine whether a beneficiary is, or is
alleged to be, a slayer. However, upon receipt of written
notice that a beneficiary is a defendant in a civil lawsuit that
alleges the beneficiary is a slayer or is charged with a crime
that, if committed, means the beneficiary is a slayer, the
department of retirement systems shall determine whether the
beneficiary is a defendant in such a civil suit or has been
formally charged in court with the crime, or both. If so, the
department shall withhold payment of any benefits until:
(i) The case or charges, or both if both are pending, are
dismissed;
(ii) The beneficiary is found not guilty in the criminal
case or prevails in the civil suit, or both if both are pending;
or
(iii) The beneficiary is convicted or is found to be a
slayer in the civil suit.
(b) If the case or charges, or both if both are pending,
are dismissed or if a beneficiary is found not guilty or
prevails in the civil suit, or both if both are pending, the
department shall pay the beneficiary the benefits the beneficiary is entitled to receive. If the beneficiary is convicted or
found to be a slayer in a civil suit, the department shall
distribute the benefits according to subsection (2) of this
section.
(5) The slayer’s conviction for having participated in the
willful and unlawful killing of the decedent shall be admissible in evidence against a claimant of property in any civil
action arising under this section.
(6) This section shall not subject the department of
retirement systems to liability for payment made to a slayer
or alleged slayer prior to the department’s receipt of written
notice that the slayer has been convicted of, or the alleged
slayer has been formally criminally or civilly charged in
court with, the death of the decedent. If the conviction or
civil judgment of a slayer is reversed on appeal, the department of retirement systems shall not be liable for payment
made prior to the receipt of written notice of the reversal to
a beneficiary other than the person whose conviction or civil
judgment is reversed. [1998 c 292 § 501.]
Application—1998 c 292: "Sections 501 through 505 of this act
apply to acts that result in unlawful killings of decedents by slayers on and
after April 2, 1998." [1998 c 292 § 506.]
Conflict with federal requirements—1998 c 292: "If any part of
sections 501 through 505 of this act is found to be in conflict with federal
requirements, the conflicting part of sections 501 through 505 of this act is
hereby declared to be inoperative solely to the extent of the conflict, and
such finding or determination does not affect the operation of the remainder
of sections 501 through 505 of this act. Rules adopted under sections 501
through 505 of this act must meet federal requirements." [1998 c 292 §
507.]
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
41.04.275
Pension funding account created.
(2002 Ed.)
General Provisions
Reviser’s note: RCW 41.04.275 was amended by 1998 c 340 § 12
without reference to its repeal by 1998 c 340 § 13. It has been decodified
for publication purposes under RCW 1.12.025.
41.04.300 Travel expenses of state officials and
employees. Except as otherwise provided by law the
payment of travel expenses by the state to any appointive
official or employee of any commission, agency, or other
body of the executive, judicial, or legislative branches of
state government shall be in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended. [1975-’76 2nd ex.s. c 34 § 3.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
41.04.340 State employee attendance incentive
program—Sick leave records to be kept—Remuneration
or benefits for unused sick leave. (Effective until July 1,
2004.) (1) An attendance incentive program is established
for all eligible employees. As used in this section the term
"eligible employee" means any employee of the state, other
than eligible employees of the community and technical
colleges and the state board for community and technical
colleges identified in RCW 28B.50.553, and teaching and
research faculty at the state and regional universities and The
Evergreen State College, entitled to accumulate sick leave
and for whom accurate sick leave records have been maintained. No employee may receive compensation under this
section for any portion of sick leave accumulated at a rate in
excess of one day per month. The state and regional
universities and The Evergreen State College shall maintain
complete and accurate sick leave records for all teaching and
research faculty.
(2) In January of the year following any year in which
a minimum of sixty days of sick leave is accrued, and each
January thereafter, any eligible employee may receive
remuneration for unused sick leave accumulated in the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued sick
leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued sick
leave at the rate of four days for every one day’s monetary
compensation.
(3) At the time of separation from state service due to
retirement or death, an eligible employee or the employee’s
estate may elect to receive remuneration at a rate equal to
one day’s current monetary compensation of the employee
for each four full days of accrued sick leave.
(4) Remuneration or benefits received under this section
shall not be included for the purpose of computing a
retirement allowance under any public retirement system in
this state.
(5) Except as provided in subsections (7) through (9) of
this section for employees not covered by chapter 41.06
RCW, this section shall be administered, and rules shall be
adopted to carry out its purposes, by the Washington personnel resources board for persons subject to chapter 41.06
RCW: PROVIDED, That determination of classes of
eligible employees shall be subject to approval by the office
of financial management.
(6) Should the legislature revoke any remuneration or
benefits granted under this section, no affected employee
(2002 Ed.)
41.04.275
shall be entitled thereafter to receive such benefits as a
matter of contractual right.
(7) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (3) of this section, an
agency head or designee may with equivalent funds, provide
eligible employees with a benefit plan that provides for
reimbursement for medical expenses. This plan shall be
implemented only after consultation with affected groups of
employees. For eligible employees covered by chapter 41.06
RCW, procedures for the implementation of these plans shall
be adopted by the Washington personnel resources board.
For eligible employees exempt from chapter 41.06 RCW,
and classified employees who have opted out of coverage of
chapter 41.06 RCW as provided in RCW 41.56.201, implementation procedures shall be adopted by an agency head
having jurisdiction over the employees.
(8) Implementing procedures adopted by the Washington
personnel resources board or agency heads shall require that
each medical expense plan authorized by subsection (7) of
this section apply to all eligible employees in any one of the
following groups: (a) Employees in an agency; (b) employees in a major organizational subdivision of an agency; (c)
employees at a major operating location of an agency; (d)
exempt employees under the jurisdiction of an elected or
appointed Washington state executive; (e) employees of the
Washington state senate; (f) employees of the Washington
state house of representatives; (g) classified employees in a
bargaining unit established by the Washington personnel
resources board; or (h) other group of employees defined by
an agency head that is not designed to provide an individualemployee choice regarding participation in a medical
expense plan. However, medical expense plans for eligible
employees in any of the groups under (a) through (h) of this
subsection who are covered by a collective bargaining
agreement shall be implemented only by written agreement
with the bargaining unit’s exclusive representative and a
separate medical expense plan may be provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7)
of this section must require as a condition of participation in
the plan that employees in the group affected by the plan
sign an agreement with the employer. The agreement must
include a provision to hold the employer harmless should the
United States government find that the employer or the
employee is in debt to the United States as a result of the
employee not paying income taxes due on the equivalent
funds placed into the plan, or as a result of the employer not
withholding or deducting a tax, assessment, or other payment
on the funds as required by federal law. The agreement
must also include a provision that requires an eligible
employee to forfeit remuneration under subsection (3) of this
section if the employee belongs to a group that has been
designated to participate in the medical expense plan
permitted under this section and the employee refuses to
execute the required agreement. [1998 c 254 § 1; 1998 c
116 § 2; 1997 c 232 § 2; 1993 c 281 § 17; 1991 c 249 § 1;
1990 c 162 § 1; 1980 c 182 § 1; 1979 ex.s. c 150 § 1.]
Reviser’s note: This section was amended by 1998 c 116 § 2 and by
1998 c 254 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 41 RCW—page 11]
41.04.340
Title 41 RCW: Public Employment, Civil Service, and Pensions
Severability—1998 c 254 § 1: "If any part of RCW 41.04.340 (7)
through (9) is found to be in conflict with federal tax laws or rulings or
regulations of the federal internal revenue service, the conflicting part is
inoperative solely to the extent of the conflict and such a finding shall not
affect the remainder of section 1, chapter 254, Laws of 1998." [1998 c 254
§ 2.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1980 c 182: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1980 c 182 § 7.]
41.04.340 State employee attendance incentive
program—Sick leave records to be kept—Remuneration
or benefits for unused sick leave. (Effective July 1, 2004.)
(1) An attendance incentive program is established for all
eligible employees. As used in this section the term "eligible employee" means any employee of the state, other than
eligible employees of the community and technical colleges
and the state board for community and technical colleges
identified in RCW 28B.50.553, and teaching and research
faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for
whom accurate sick leave records have been maintained. No
employee may receive compensation under this section for
any portion of sick leave accumulated at a rate in excess of
one day per month. The state and regional universities and
The Evergreen State College shall maintain complete and
accurate sick leave records for all teaching and research
faculty.
(2) In January of the year following any year in which
a minimum of sixty days of sick leave is accrued, and each
January thereafter, any eligible employee may receive
remuneration for unused sick leave accumulated in the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued sick
leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued sick
leave at the rate of four days for every one day’s monetary
compensation.
(3) At the time of separation from state service due to
retirement or death, an eligible employee or the employee’s
estate may elect to receive remuneration at a rate equal to
one day’s current monetary compensation of the employee
for each four full days of accrued sick leave.
(4) Remuneration or benefits received under this section
shall not be included for the purpose of computing a
retirement allowance under any public retirement system in
this state.
(5) Except as provided in subsections (7) through (9) of
this section for employees not covered by chapter 41.06
RCW, this section shall be administered, and rules shall be
adopted to carry out its purposes, by the director of personnel for persons subject to chapter 41.06 RCW: PROVIDED, That determination of classes of eligible employees shall
be subject to approval by the office of financial management.
(6) Should the legislature revoke any remuneration or
benefits granted under this section, no affected employee
shall be entitled thereafter to receive such benefits as a
matter of contractual right.
(7) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (3) of this section, an
[Title 41 RCW—page 12]
agency head or designee may with equivalent funds, provide
eligible employees with a benefit plan that provides for
reimbursement for medical expenses. This plan shall be
implemented only after consultation with affected groups of
employees. For eligible employees covered by chapter 41.06
RCW, procedures for the implementation of these plans shall
be adopted by the director of personnel. For eligible
employees exempt from chapter 41.06 RCW, and classified
employees who have opted out of coverage of chapter 41.06
RCW as provided in *RCW 41.56.201, implementation
procedures shall be adopted by an agency head having
jurisdiction over the employees.
(8) Implementing procedures adopted by the director of
personnel or agency heads shall require that each medical
expense plan authorized by subsection (7) of this section
apply to all eligible employees in any one of the following
groups: (a) Employees in an agency; (b) employees in a
major organizational subdivision of an agency; (c) employees
at a major operating location of an agency; (d) exempt
employees under the jurisdiction of an elected or appointed
Washington state executive; (e) employees of the Washington state senate; (f) employees of the Washington state house
of representatives; (g) classified employees in a bargaining
unit established by the director of personnel; or (h) other
group of employees defined by an agency head that is not
designed to provide an individual-employee choice regarding
participation in a medical expense plan. However, medical
expense plans for eligible employees in any of the groups
under (a) through (h) of this subsection who are covered by
a collective bargaining agreement shall be implemented only
by written agreement with the bargaining unit’s exclusive
representative and a separate medical expense plan may be
provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7)
of this section must require as a condition of participation in
the plan that employees in the group affected by the plan
sign an agreement with the employer. The agreement must
include a provision to hold the employer harmless should the
United States government find that the employer or the
employee is in debt to the United States as a result of the
employee not paying income taxes due on the equivalent
funds placed into the plan, or as a result of the employer not
withholding or deducting a tax, assessment, or other payment
on the funds as required by federal law. The agreement
must also include a provision that requires an eligible
employee to forfeit remuneration under subsection (3) of this
section if the employee belongs to a group that has been
designated to participate in the medical expense plan
permitted under this section and the employee refuses to
execute the required agreement. [2002 c 354 § 227. Prior:
1998 c 254 § 1; 1998 c 116 § 2; 1997 c 232 § 2; 1993 c 281
§ 17; 1991 c 249 § 1; 1990 c 162 § 1; 1980 c 182 § 1; 1979
ex.s. c 150 § 1.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1998 c 254 § 1: "If any part of RCW 41.04.340 (7)
through (9) is found to be in conflict with federal tax laws or rulings or
regulations of the federal internal revenue service, the conflicting part is
inoperative solely to the extent of the conflict and such a finding shall not
affect the remainder of section 1, chapter 254, Laws of 1998." [1998 c 254
§ 2.]
(2002 Ed.)
General Provisions
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1980 c 182: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1980 c 182 § 7.]
41.04.350 Mandatory retirement prior to seventy
years of age prohibited—Exceptions—Waiver of mandatory retirement. (1) Notwithstanding any other provisions
of law, no employee of the state of Washington or any of its
political subdivisions or any institution supported in total or
in part by the state or any of its political subdivisions, other
than employees covered by chapters 41.26 and 43.43 RCW,
shall be compelled to retire solely on the basis of age prior
to attaining seventy years of age.
(2) All compulsory retirement provisions relating to
public employees, other than employees covered by chapters
41.26 and 43.43 RCW, may be waived for individuals
attaining seventy years of age by the individual’s employer.
[1979 ex.s. c 159 § 1.]
41.04.360 State-employed chaplains—Housing
allowance. In the case of a minister or other clergyperson
employed as a chaplain in a state institution or agency, there
is designated in the salary or wage paid to the person an
amount up to forty percent of the gross salary as either of
the following:
(1) The rental value of a home furnished to the person
as part of the person’s compensation; or
(2) The housing/rental allowance paid to the person as
part of the person’s compensation, to the extent used by the
person to rent or provide a home. [1982 c 190 § 1.]
Appointment and duties of institutional chaplains: RCW 72.01.210 through
72.01.260.
Volunteer law enforcement chaplains: Chapter 41.22 RCW.
41.04.362 State employee wellness program. (1)
The director of the department of personnel, in consultation
with applicable state agencies and employee organizations,
may develop and administer a voluntary state employee
wellness program.
(2) The director may:
(a) Develop and implement state employee wellness
policies, procedures, and activities;
(b) Disseminate wellness educational materials to state
agencies and employees;
(c) Encourage the establishment of wellness activities in
state agencies;
(d) Provide technical assistance and training to agencies
conducting wellness activities for their employees;
(e) Develop standards by which agencies sponsoring
specific wellness activities may impose a fee to participating
employees to help defray the cost of those activities;
(f) Monitor and evaluate the effectiveness of this
program, including the collection, analysis, and publication
of relevant statistical information; and
(g) Perform other duties and responsibilities as necessary to carry out the purpose of this section.
(3) No wellness program or activity that involves or
requires organized or systematic physical exercise may be
implemented or conducted during normal working hours.
[1987 c 248 § 2.]
(2002 Ed.)
41.04.340
Legislative findings—Purpose—1987 c 248: "The legislature finds
that:
(1) Improved health among employees will result in a more productive
workforce, better morale, reduced stress, lower injury rates and absenteeism,
and improved recruitment and retention rates;
(2) A substantial amount of illness and injury in the work force is
preventable because it results from lifestyle decisions;
(3) Illness and injury among state employees can be reduced if
employees engage in healthier lifestyles.
The state, as an employer, desires to foster a working environment that
promotes the health and well-being of its employees. Therefore, it is the
purpose of this act to establish a state employee wellness program.
"Wellness program" means those policies, procedures, and activities that
promote the health and well-being of state employees and that contribute to
a healthful work environment." [1987 c 248 § 1.]
41.04.364 State employee wellness program—
Confidentiality of individually identifiable information.
Individual employees’ participation in the wellness program
and all individually identifiable information gathered in the
process of conducting the program shall be held in strict
confidence and shall not in any way jeopardize any
employee’s job security, promotional opportunities, or other
employment rights. [1987 c 248 § 3.]
Legislative findings—Purpose—1987 c 248: See note following
RCW 41.04.362.
41.04.370 Child care—Legislative intent. The
legislature recognizes that supporting child care for employees of public and private organizations is a worthwhile
pursuit. To further the goals of affordable, accessible, and
quality child care for working parents, the legislature intends
to provide for the development of self-supporting child care
programs for employees of state government. [1993 c 194
§ 1; 1984 c 162 § 1.]
41.04.375 Child care—Rental of suitable space. An
agency may identify space they wish to use for child care
facilities or they may request assistance from the department
of general administration in identifying the availability of
suitable space in state-owned or state-leased buildings for
use as child care centers for the children of state employees.
When suitable space is identified in state-owned or
state-leased buildings, the department of general administration shall establish a rental rate for organizations to pay for
the space used by persons who are not state employees.
[1993 c 194 § 2; 1984 c 162 § 2.]
41.04.380 Child care—Contracts—Provision of
suitable space at reduced cost authorized. When suitable
space is determined to be available, either agencies or
organizations of state employees may contract with one or
more providers to operate child care facilities.
Subject to the approval of the director of financial
management, suitable space for child care centers may be
provided to organizations of state employees without charge
or at reduced charge for rent or services solely for the
purpose of reducing employee child care costs. [1993 c 194
§ 3; 1984 c 162 § 3.]
41.04.382 Child care organizations—Qualifications
for services. In order to qualify for services under RCW
41.04.380, state employee child care organizations shall be
[Title 41 RCW—page 13]
41.04.382
Title 41 RCW: Public Employment, Civil Service, and Pensions
organized as nonprofit under chapter 24.03 RCW. [1993 c
194 § 4.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.04.385 Child care—Legislative findings—State
policy—Responsibilities of director of personnel. (Effective until July 1, 2005.) The legislature finds that (1)
demographic, economic, and social trends underlie a critical
and increasing demand for child care in the state of Washington; (2) working parents and their children benefit when
the employees’ child care needs have been resolved; (3) the
state of Washington should serve as a model employer by
creating a supportive atmosphere, to the extent feasible, in
which its employees may meet their child care needs; and
(4) the state of Washington should encourage the development of partnerships between state agencies, state employees,
state employee labor organizations, and private employers to
expand the availability of affordable quality child care. The
legislature finds further that resolving employee child care
concerns not only benefits the employees and their children,
but may benefit the employer by reducing absenteeism,
increasing employee productivity, improving morale, and
enhancing the employer’s position in recruiting and retaining
employees. Therefore, the legislature declares that it is the
policy of the state of Washington to assist state employees
by creating a supportive atmosphere in which they may meet
their child care needs. Policies and procedures for state
agencies to address employee child care needs will be the
responsibility of the director of personnel in consultation
with the child care coordinating committee, as provided in
RCW 74.13.090 and state employee representatives as
provided under RCW 41.06.140. [1993 c 194 § 5; 1986 c
135 § 1.]
41.04.390 Flexible-time work schedules. (1) The
legislature finds that flexible-time work schedules, which
provide varying times for employees to arrive at and depart
from work, tend to alleviate traffic congestion during peak
rush hour periods and thereby reduce hazardous traffic
conditions; provide more efficient use of highways and other
transit facilities; and decrease fuel consumption. In addition,
the legislature finds that flexible-time work schedules
provide families in which both parents work outside of the
home with the flexibility necessary to provide for day care;
provide employees with flexibility allowing them to spend
more time with their families; improve employee morale
and, in-so-doing, improve productivity. Therefore, due to
the clear advantages to both agencies and employees, the
legislature finds that flexible-time work schedules should be
utilized by agencies to the maximum extent possible.
(2) As used in this section, "flexible-time work schedule" means a daily work schedule which contains a core time
of required hours during which an employee subject to the
schedule is required to be present for work and designated
hours before or after the core time during which an employee, with the approval of his or her agency, may elect a time
of arrival to work and departure from work.
(3) Each agency shall prepare a flexible-time work
schedule or schedules and shall offer the schedule or
schedules to employees as an option to the traditional eight
o’clock a.m. to five o’clock p.m. working day. However, an
agency shall not be required to prepare or offer a flexibletime work schedule or schedules if the agency head determines that the implementation of such a schedule would
serve as an impediment to the provision of services to the
public or would in any other way impede the agency in
accomplishing its mission.
(4) Any employee wishing to use a flexible-time work
schedule prepared under subsection (3) of this section must
first obtain the permission of the agency head or the agency
head’s designee. However, if there is an employee organization certified as an exclusive bargaining representative for
a bargaining unit affected by the flexible-time work schedule, the agency shall first negotiate with the certified
employee organization.
(5) Nothing in this section affects official hours during
which state offices are required to be open for the transaction of business, as prescribed in RCW 42.04.060. [1985 c
411 § 1.]
41.04.385 Child care—Legislative findings—State
policy—Responsibilities of director of personnel. (Effective July 1, 2005.) The legislature finds that (1) demographic, economic, and social trends underlie a critical and
increasing demand for child care in the state of Washington;
(2) working parents and their children benefit when the
employees’ child care needs have been resolved; (3) the state
of Washington should serve as a model employer by creating
a supportive atmosphere, to the extent feasible, in which its
employees may meet their child care needs; and (4) the state
of Washington should encourage the development of
partnerships between state agencies, state employees, state
employee labor organizations, and private employers to
expand the availability of affordable quality child care. The
legislature finds further that resolving employee child care
concerns not only benefits the employees and their children,
but may benefit the employer by reducing absenteeism,
increasing employee productivity, improving morale, and
enhancing the employer’s position in recruiting and retaining
employees. Therefore, the legislature declares that it is the
policy of the state of Washington to assist state employees
by creating a supportive atmosphere in which they may meet
their child care needs. Policies and procedures for state
agencies to address employee child care needs will be the
responsibility of the director of personnel in consultation
with the child care coordinating committee, as provided in
RCW 74.13.090, and state employee representatives. [2002
c 354 § 236; 1993 c 194 § 5; 1986 c 135 § 1.]
[Title 41 RCW—page 14]
41.04.395 Disability accommodation revolving
fund—Disbursements. (1) The disability accommodation
revolving fund is created in the custody of the state treasurer. Disbursements from the fund shall be on authorization
of the director of the department of personnel or the
director’s designee. The fund is subject to the allotment
procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements. The fund shall
be used exclusively by state agencies to accommodate the
unanticipated job site or equipment needs of persons of
disability in state employ.
(2) The director of the department of personnel shall
consult with the governor’s committee on disability issues
(2002 Ed.)
General Provisions
and employment regarding requests for disbursements from
the disability accommodation revolving fund. The department shall establish application procedures, adopt criteria,
and provide technical assistance to users of the fund.
(3) Agencies that receive moneys from the disability
accommodation revolving fund shall return to the fund the
amount received from the fund by no later than the end of
the first month of the following fiscal biennium. [1994 sp.s.
c 9 § 801; 1987 c 9 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Intent—1987 c 9: "The legislature recognizes that persons of
disability have faced unfair discrimination in employment. Equal opportunity for persons of disability often necessitate job site changes and equipment
purchases. It is the intent of the legislature to remove a potential barrier to
employment of persons of disability by giving state agencies, including
institutions of higher education, the ability to accommodate the job site and
equipment needs of persons of disability without the delay of waiting for an
appropriation from the legislature." [1987 c 9 § 1.]
41.04.400 Consolidation of local governmental unit
and first class city retirement system—Intent. It is the
purpose of RCW 41.04.405 through 41.04.430 to govern the
retirement rights of persons whose employment status is
altered when: (1) Two or more units of local government of
this state, at least one of which is a first class city with its
own retirement system, enter into an agreement for the
consolidated performance of a governmental service, activity,
or undertaking; (2) the service, activity, or undertaking is to
be performed either by one of the participating local
governmental units or by a newly established separate legal
entity; and (3) the employees of the participating local
governmental units are not all members of the same Washington public retirement system.
RCW 41.04.405 through 41.04.430 are not intended to
and do not govern retirement rights of any members of the
retirement systems established by chapter 41.16, 41.18,
41.20, or 41.26 RCW, or of employees described in RCW
35.58.265, 35.58.390, or 70.08.070. To the extent there is
any conflict between RCW 41.04.405 through 41.04.430 and
RCW 41.04.110, the provisions of RCW 41.04.405 through
41.04.430 shall govern. [1984 c 184 § 22.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.405 Consolidation of local governmental unit
and first class city retirement system—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.400 through
41.04.430.
(1) "Legal entity" means any political subdivision or
municipal corporation of the state, including but not limited
to public agencies created under RCW 35.63.070, 36.70.060,
or 39.34.030.
(2) "Consolidated employer" means the legal entity
assigned by agreement to perform a governmental service,
activity, or undertaking for two or more units of local
government of the state, at least one of which is a first class
city with its own retirement system.
(3) "Existing employee" means a person who both (a)
becomes employed by the consolidated employer within one
year after the consolidation and (b) was employed by one of
the combining legal entities at the time of the consolidation.
(2002 Ed.)
41.04.395
(4) "New employee" means an employee of the consolidated employer who is not an existing employee.
(5) "Active member" means a member of a retirement
system who was making contributions to that retirement
system at the time of the consolidation. [1984 c 184 § 23.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.410 Consolidation of local governmental unit
and first class city retirement system—Membership in
public employees’ retirement system. If a consolidated
employer is a participating member in the public employees’
retirement system under chapter 41.40 RCW prior to the
consolidation:
(1) All existing employees of the consolidated employer
who are active members of the public employees’ retirement
system immediately prior to the consolidation shall continue
to be members of that retirement system while employed by
the consolidated employer.
(2) All existing employees of the consolidated employer
who are active members of a first class city retirement
system under chapter 41.28 RCW immediately prior to the
consolidation shall cease to be members of that system at the
time of the consolidation and, if eligible, shall immediately
become members of the public employees’ retirement
system. However, any such active member may, by a
writing filed with the consolidated employer within thirty
days after the consolidation or within thirty days after March
15, 1984, whichever is later, irrevocably elect instead to
continue to be a member of the first class city retirement
system, thereby forever waiving any rights under the public
employees’ retirement system based upon employment with
the consolidated employer.
(3) Only prospective periods of qualifying service under
the public employees’ retirement system may be established
under this section. [1984 c 184 § 24.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.415 Consolidation of local governmental unit
and first class city retirement system—Membership in
first class city retirement system. If a consolidated
employer is a city operating a first class city retirement system under chapter 41.28 RCW prior to the consolidation:
(1) All existing employees of the consolidated employer
who are active members of the first class city retirement
system immediately prior to the consolidation shall continue
to be members of that retirement system while employed by
the consolidated employer.
(2) All existing employees of the consolidated employer
who are active members of the public employees’ retirement
system under chapter 41.40 RCW immediately prior to the
consolidation shall cease to be members of that system at the
time of the consolidation and, if eligible, shall immediately
become members of the first class city retirement system.
However, any such active member may, by a writing filed
with the consolidated employer within thirty days after the
consolidation or within thirty days after March 15, 1984,
whichever is later, irrevocably elect instead to continue to be
a member of the public employees’ retirement system,
thereby forever waiving any rights under the first class city
retirement system based upon such employment with the
consolidated employer.
[Title 41 RCW—page 15]
41.04.415
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) Only prospective periods of qualifying service under
the first class city retirement system may be established
under this section. [1984 c 184 § 25.]
stated in RCW 41.04.410, 41.04.415, and 41.04.420. [1984
c 184 § 27.]
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.420 Consolidation of local governmental unit
and first class city retirement system—Newly created
legal entity. If a consolidated employer is a newly created
legal entity and does not immediately join the public
employees’ retirement system pursuant to RCW 41.40.062:
(1) All existing employees of the consolidated employer
who are active members of a first class city retirement
system or the public employees’ retirement system immediately prior to the consolidation shall cease to be members of
these systems. However, any such active members may, by
a writing filed with the consolidated employer within thirty
days after the consolidation or within thirty days after March
15, 1984, whichever is later, irrevocably elect instead to
continue as members of the retirement system to which they
belonged at the time of the consolidation for all periods of
employment with the consolidated employer.
(2) If the consolidated employer later joins the public
employees’ retirement system, all existing employees still
employed on that date shall, effective from that date, have
the same retirement system rights and options, subject to the
same conditions as employees governed by RCW 41.04.410,
notwithstanding any previous election under subsection (1)
of this section.
(3) No new employees of the consolidated employer
may become members of an employer-sponsored retirement
system until such time as the employer joins the public
employees’ retirement system pursuant to RCW 41.40.062.
[1984 c 184 § 26.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.425 Consolidation of local governmental unit
and first class city retirement system—Limitations.
Notwithstanding any provision of RCW 41.04.410,
41.04.415, or 41.04.420:
(1) No person may simultaneously accrue any contractual rights whatsoever in more than one Washington public
retirement system as a consequence of employment by a
consolidated employer.
(2) No person who makes a written election permitted
by RCW 41.04.410, 41.04.415, or 41.04.420 may receive a
retirement allowance from such retirement system under any
circumstances while employed or reemployed by the consolidated employer.
(3) No person may accrue any benefits or rights under
any Washington public retirement system as a result of RCW
41.04.410, 41.04.415, or 41.04.420 except such rights of
continuing membership that are specifically and explicitly
granted by RCW 41.04.410, 41.04.415, or 41.04.420.
(4) Nothing in RCW 41.04.400 through 41.04.425 is
intended to constitute an amendment or waiver of any law or
rule of any Washington public retirement system, including
but not limited to those governing eligibility for service
credit, benefits, or membership, except to broaden the class
of legal entities that are deemed to be participating employers in the retirement systems in the specific circumstances
[Title 41 RCW—page 16]
41.04.430 Consolidation of local governmental unit
and first class city retirement system—Compliance with
laws and rules—Application of sections. (1) Consolidated
employers that employ persons governed by RCW 41.04.410,
41.04.415, or 41.04.420 shall comply with all laws and rules
governing the retirement system in which the persons
participate as members, including but not limited to the
obligations to make employer contributions, to deduct and
transmit employee contributions, and to submit required
reports.
(2) RCW 41.04.410, 41.04.415, 41.04.420, and
41.04.425 govern any consolidation occurring on or after
December 31, 1981. [1984 c 184 § 28.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.440 Members’ retirement contributions—Pick
up by employer—Purpose—Benefits not contractual
right. (1) The sole purpose of RCW 41.04.445 and
41.04.450 is to allow the members of the retirement systems
created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34,
and 43.43 RCW to enjoy the tax deferral benefits allowed
under 26 U.S.C. 414(h). Chapter 227, Laws of 1984 does
not alter in any manner the provisions of RCW 41.45.060,
41.45.061, and 41.45.067 which require that the member
contribution rates shall be set so as to provide fifty percent
of the cost of the respective retirement plans.
(2) Should the legislature revoke any benefit allowed
under 26 U.S.C. 414(h), no affected employee shall be
entitled thereafter to receive such benefit as a matter of
contractual right. [2000 c 247 § 1101; 1995 c 239 § 322;
1984 c 227 § 1.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Effective date—1984 c 227: "This act shall take effect on September
1, 1984." [1984 c 227 § 4.]
Conflict with federal requirements—1984 c 227: "If any part of
this act is found to be in conflict with federal requirements, the conflicting
part of the act is hereby declared to be inoperative solely to the extent of
the conflict and such finding or determination shall not affect the operation
of the remainder of the act in its application: PROVIDED, That the
employee proportional contributions required under RCW 41.26.450,
41.32.775 and 41.40.650 may not be altered in any manner. The rules
under this act shall meet federal requirements." [1984 c 227 § 6.]
Severability—1984 c 227: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected: PROVIDED, That the employee proportional contributions
required under RCW 41.26.450, 41.32.775 and 41.40.650 may not be altered
in any manner." [1984 c 227 § 7.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.445 Members’ retirement contributions—Pick
up by employer—Implementation. (1) This section applies
to all members who are:
(a) Judges under the retirement system established under
chapter 2.10, 2.12, or 2.14 RCW;
(2002 Ed.)
General Provisions
(b) Employees of the state under the retirement system
established by chapter 41.32, 41.40, or 43.43 RCW;
(c) Employees of school districts under the retirement
system established by chapter 41.32 or 41.40 RCW, except
for substitute teachers as defined by RCW 41.32.010;
(d) Employees of educational service districts under the
retirement system established by chapter 41.32 or 41.40
RCW; or
(e) Employees of community college districts under the
retirement system established by chapter 41.32 or 41.40
RCW.
(2) Only for compensation earned after the effective
date of the implementation of this section and as provided by
section 414(h) of the federal internal revenue code, the
employer of all the members specified in subsection (1) of
this section shall pick up only those member contributions as
required under:
(a) RCW 2.10.090(1);
(b) RCW 2.12.060;
(c) RCW 2.14.090;
(d) RCW 41.32.263;
(e) RCW 41.32.350;
(f) RCW 41.40.330 (1) and (3);
(g) RCW 41.45.061 and 41.45.067;
(h) RCW 41.34.070;
(i) *RCW 43.43.300; and
(j) RCW 41.34.040.
(3) Only for the purposes of federal income taxation, the
gross income of the member shall be reduced by the amount
of the contribution to the respective retirement system picked
up by the employer.
(4) All member contributions to the respective retirement system picked up by the employer as provided by this
section, plus the accrued interest earned thereon, shall be
paid to the member upon the withdrawal of funds or lumpsum payment of accumulated contributions as provided under
the provisions of the retirement systems.
(5) At least forty-five days prior to implementing this
section, the employer shall provide:
(a) A complete explanation of the effects of this section
to all members; and
(b) Notification of such implementation to the director
of the department of retirement systems. [2000 c 247 §
1102; 1995 c 239 § 323; 1992 c 212 § 15; 1990 c 274 § 6;
1988 c 109 § 24; 1985 c 13 § 2; 1984 c 227 § 2.]
*Reviser’s note: RCW 43.43.300 was repealed by 2001 c 329 § 12.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Findings—Effective date—Construction—1990 c 274: See notes
following RCW 41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Purpose—Application—1985 c 13: "The sole purpose of this 1985
act is to clarify and more explicitly state the intent of the legislature in
enacting chapter 227, Laws of 1984. This 1985 act makes no substantive
changes in the meaning or impact of that chapter and the provisions of this
1985 act shall be deemed to have retrospective application to September 1,
1984." [1985 c 13 § 1.]
Retrospective application—1985 c 13: "This act shall have
retrospective application to September 1, 1984." [1985 c 13 § 8.]
(2002 Ed.)
41.04.445
Effective date—Conflict with federal requirements—Severability—
1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.450 Members’ retirement contributions—Pick
up by employer—Optional implementation and withdrawal. (1) Employers of those members under chapters
41.26, 41.40, and 41.34 RCW who are not specified in RCW
41.04.445 may choose to implement the employer pick up of
all member contributions without exception under RCW
*41.26.080(1), 41.26.450, 41.40.330(1), 41.45.060,
41.45.061, and 41.45.067 and chapter 41.34 RCW. If the
employer does so choose, the employer and members shall
be subject to the conditions and limitations of RCW
41.04.445 (3), (4), and (5) and RCW 41.04.455.
(2) An employer exercising the option under this section
may later choose to withdraw from and/or reestablish the
employer pick up of member contributions only once in a
calendar year following forty-five days prior notice to the director of the department of retirement systems. [2000 c 247
§ 1103; 1995 c 239 § 324; 1985 c 13 § 3; 1984 c 227 § 3.]
*Reviser’s note: RCW 41.26.080 was amended by 2000 2nd sp.s. c
1 § 907, changing subsection (1) to subsection (1)(a).
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Effective date—Conflict with federal requirements—Severability—
1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.455 Members’ retirement contributions—Pick
up by employer—Conditions. The following two conditions apply to the employer pick up of member contributions
authorized under RCW 41.04.445 (section 2, chapter 227,
Laws of 1984):
(1) The retirement contributions, although designated as
member contributions, will be picked up by the employer, as
provided in RCW 41.04.445 (section 2, chapter 227, Laws
of 1984) in lieu of contributions by the member.
(2) No retirement system member will have the option
of choosing to receive the contributed amounts directly
instead of having them paid by the employer to the retirement system. [1985 c 13 § 4.]
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
41.04.460 Financial planning for retirement—
Department of personnel to provide information to
retirement system members. The department of personnel,
through the combined benefits communication project, shall
prepare information encouraging individual financial planning for retirement and describing the potential consequences
of early retirement, including members’ assumption of health
insurance costs, members’ receipt of reduced retirement
benefits, and the increased period of time before members
will become eligible for cost-of-living adjustments. The
department of retirement systems shall distribute the information to members who are eligible to retire under the
[Title 41 RCW—page 17]
41.04.460
Title 41 RCW: Public Employment, Civil Service, and Pensions
provisions of chapter 234, Laws of 1992. Prior to retiring,
such members who elect to retire shall sign a statement acknowledging their receipt and understanding of the information. [1992 c 234 § 10.]
RCW 51.32.090, or if accrued paid leave is exhausted during
the period of disability, the employee shall receive only that
portion of the disability leave supplement prescribed by
subsection (3) of this section. [1989 c 21 § 1; 1985 c 462
§ 3.]
41.04.500 Disability leave supplement for law
enforcement officers and fire fighters. County, municipal,
and political subdivision employers of full-time, commissioned law enforcement officers and full-time, paid fire
fighters shall provide a disability leave supplement to such
employees who qualify for payments under RCW 51.32.090
due to a temporary total disability. [1985 c 462 § 1.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
Program and fiscal review—1985 c 462: "The legislative budget
committee shall cause to be conducted a program and fiscal review of the
program established by RCW 41.04.500 through 41.04.530. The review
shall be conducted on or before June 30, 1987. In conducting the review,
the legislative budget committee shall consider, but not be limited to, the
following issues:
(1) The fiscal impact of the program on local governmental entities;
(2) The number of claims made and allowed, and duration of claims
allowed, for disability leave supplement pursuant to RCW 41.04.500
through 41.04.530;
(3) The number of claimants for disability leave supplement under
RCW 41.04.500 through 41.04.530 who have not returned to active service
within six months from the injury or illness causing disability;
(4) The number of local governmental entities who have entered into
agreements with law enforcement officers and fire fighters which establish
benefits which are greater than those prescribed by RCW 41.04.500 through
41.04.530, and the number of employees covered by such agreements."
[1985 c 462 § 10.]
41.04.505 Disability leave supplement for law
enforcement officers and fire fighters—Amount. The
disability leave supplement shall be an amount which, when
added to the amount payable under RCW 51.32.090 will
result in the employee receiving the same pay he or she
would have received for full time active service, taking into
account that industrial insurance payments are not subject to
federal income or social security taxes. [1985 c 462 § 2.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.510 Disability leave supplement for law
enforcement officers and fire fighters—Payment. The
disability leave supplement shall be paid as follows:
(1) The disability leave supplement shall begin on the
sixth calendar day from the date of the injury or illness
which entitles the employee to benefits under RCW
51.32.090. For the purposes of this section, the day of
injury shall constitute the first calendar day.
(2) One-half of the amount of the supplement as defined
in RCW 41.04.505 shall be charged against the accrued paid
leave of the employee. In computing such charge, the
employer shall convert accumulated days, or other time units
as the case may be, to a money equivalent based on the base
monthly salary of the employee at the time of the injury or
illness. "Base monthly salary" for the purposes of this
section means the amount earned by the employee before
any voluntary or involuntary payroll deductions, and not
including overtime pay.
(3) One-half of the amount of the supplement as defined
in RCW 41.04.505 shall be paid by the employer.
If an employee has no accrued paid leave at the time of
an injury or illness which entitles him to benefits under
[Title 41 RCW—page 18]
41.04.515 Disability leave supplement for law
enforcement officers and fire fighters—Time limitation.
The disability leave supplement provided by RCW 41.04.500
through 41.04.530 shall continue as long as the employee is
receiving benefits under RCW 51.32.090, up to a maximum
of six months from the date of the injury or illness. [1985
c 462 § 4.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.520 Disability leave supplement for law
enforcement officers and fire fighters—Employee to
perform light duty tasks. While an employee is receiving
disability leave supplement, the employee, subject to the
approval of his or her treating physician, shall perform light
duty tasks in the employee’s previous department as the
employer may require, with no reduction in the disability
leave supplement. [1985 c 462 § 5.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.525 Disability leave supplement for law
enforcement officers and fire fighters—Continuation of
employee insurance benefits. The disability leave supplement provided in RCW 41.04.510(3) shall not be considered
salary or wages for personal services: PROVIDED, That the
employee shall also continue to receive all insurance benefits
provided in whole or in part by the employer, notwithstanding the fact that some portion of the cost of those benefits is
paid by the employee: PROVIDED FURTHER, That the
portion of the cost not paid by the employer continues to be
paid by the employee. [1989 c 11 § 10; 1985 c 462 § 7.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.530 Disability leave supplement for law
enforcement officers and fire fighters—Exhaustion of
accrued sick leave. If an employee’s accrued sick leave is
exhausted during the period of disability, the employee may,
for a period of two months following return to active
service, draw prospectively upon sick leave the employee is
expected to accumulate up to a maximum of three days or
three work shifts, whichever is greater. Any sick leave
drawn prospectively as provided in this section shall be
charged against earned sick leave until such time as the
employee has accrued the amount needed to restore the
amount used. In the event an employee terminates active
service without having restored the sick leave drawn prospectively, the employer shall deduct the actual cost of any
payments made under this section from compensation or
other money payable to the employee, or otherwise recover
such payments. [1985 c 462 § 8.]
(2002 Ed.)
General Provisions
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.535 Disability leave supplement for law
enforcement officers and fire fighters—Greater benefits
not precluded. Nothing in RCW 41.04.500 through
41.04.530 shall preclude employers of law enforcement
officers and fire fighters and such employees from entering
into agreements which provide benefits to employees which
are greater than those prescribed by RCW 41.04.500 through
41.04.530, nor is there any intent by the legislature to alter
or in any way affect any such agreements which may now
exist. [1985 c 462 § 11.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.540 Disability leave supplement for law
enforcement officers and fire fighters—Supplement not
required in smaller cities, towns, and counties. Cities and
towns with a population of less than twenty-five hundred and
counties with a population of less than ten thousand shall not
be required to provide a disability leave supplement to their
commissioned law enforcement officers and full-time paid
fire fighters who qualify for payments pursuant to RCW
51.32.090, due to temporary total disability. [1985 c 462 §
12.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.545 Disability leave supplement for law
enforcement officers and fire fighters—Vested right not
created. Chapter 462, Laws of 1985 neither grants employees a vested right to receive a disability leave supplement
nor creates a contractual obligation on behalf of the state or
its political subdivisions to provide a disability leave
supplement. [1985 c 462 § 13.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.550 Disability leave supplement for law
enforcement officers and fire fighters—Not subject to
interest arbitration. Disability leave supplement payments
for employees covered by chapter 462, Laws of 1985 shall
not be subject to interest arbitration as defined in RCW
41.56.430 through 41.56.905. [1985 c 462 § 14.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.580 Dismissal of municipal employees during
World War II—Redress authorized. A municipality may
by ordinance or resolution provide for redress to any
municipal employee or the surviving spouse of a municipal
employee who, due to the promulgation of federal Executive
Order 9066, was dismissed, terminated from a temporary
position, or rejected during the person’s probationary period,
or who voluntarily resigned in lieu of dismissal from
municipal employment, and who incurred salary and other
employment related losses as a result thereof during the
years 1942 through 1947. [1986 c 225 § 2.]
Legislative findings—1986 c 225: "The dismissal or termination of
various municipal employees during World War II resulted from the
promulgation of federal Executive Order 9066 which was based mainly on
(2002 Ed.)
41.04.530
fear and suspicion rather than on factual justification. It is fair and just that
redress be made to those employees who were terminated from municipal
employment during the wartime years because of these circumstances. The
legislature therefore finds that equity and fairness will be served by
authorizing municipalities to accept claims for salary and other employment
related losses suffered by the municipal employees directly affected and to
pay the claims subject to the provisions of this chapter." [1986 c 225 § 1.]
Severability—1986 c 225: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 225 § 7.]
Reparations to state employees terminated during World War II: Chapter
41.68 RCW.
41.04.585 Dismissal of municipal employees during
World War II—Redress not mandatory. RCW 41.04.580
through 41.04.595 do not require a municipality to adopt an
ordinance or resolution providing for redress of salary and
other employment related losses. [1986 c 225 § 3.]
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.590 Dismissal of municipal employees during
World War II—Redress—Limitations. Under the system
of redress authorized under RCW 41.04.580 through
41.04.595:
(1) A municipality may determine in its sole discretion
the monetary amount of redress for salary and other employment related losses, which may not exceed five thousand
dollars for any undivided claim.
(2) If a municipality adopts an ordinance or resolution
providing for redress of salary and other employment related
losses, it has no obligation to notify directly any person of
possible eligibility for redress of salary and other employment related losses. [1986 c 225 § 4.]
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.595 Dismissal of municipal employees during
World War II—Definitions. For the purposes of this
chapter, "municipality" means a city, town, county, special
purpose district, municipal corporation, quasi-municipal
corporation, or political subdivision of the state of Washington. For the purposes of this chapter, a "municipal employee" means an employee of a municipality. [1986 c 225 § 5.]
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.600 Dependent care—Salary reduction plan—
Purpose. (1) The state of Washington may enter into salary
reduction agreements with employees pursuant to the Internal
Revenue Code, 26 U.S.C. Sec. 125 for the purpose of
making it possible for employees to select on a "before-tax
basis" certain taxable and nontaxable benefits pursuant to 26
U.S.C. Sec. 125. The purpose of the salary reduction plan
established in this chapter is to attract and retain individuals
in governmental service by permitting them to enter into
agreements with the state to provide for benefits pursuant to
26 U.S.C. Sec. 129.
(2) Nothing in the salary reduction plan constitutes an
employment agreement between the participant and the state,
and nothing contained in the participant’s salary reduction
agreement, the plan, or RCW 41.04.605 through 41.04.645
[Title 41 RCW—page 19]
41.04.600
Title 41 RCW: Public Employment, Civil Service, and Pensions
gives a participant any right to be retained in state employment. [1987 c 475 § 1.]
Severability—1987 c 475: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 475 § 13.]
41.04.605 Dependent care—Salary reduction plan—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout RCW
41.04.610 through 41.04.635.
(1) "Salary reduction plan" means a plan whereby state
employees and officers may agree to a reduction of salary
which reduction will allow the employee to participate in
benefits offered pursuant to 26 U.S.C. Sec. 125.
(2) "Department" means the department of retirement
systems.
(3) "Salary" means a state employee’s or officer’s
monthly salary or wages.
(4) "Dependent care program" means the program for
the care of dependents pursuant to 26 U.S.C. Sec. 129
financed from funds deposited in the salary reduction account in the state treasury for the purpose of holding and
disbursing the funds deposited under the auspices of the
salary reduction plan.
(5) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the salary
reduction plan.
(6) "Plan year" means the time period established by the
department. [1998 c 116 § 3; 1987 c 475 § 2.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.610 Dependent care—Salary reduction plan—
Powers and duties of department. The department shall
have responsibility for the formulation and adoption of a
plan and policies and procedures designed to guide, direct,
and administer the salary reduction plan. [1998 c 116 § 4;
1987 c 475 § 3.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.615 Dependent care—Salary reduction plan
document—Funds, fees, and appropriations—Dependent
care administrative account created—Presumptions. (1)
A plan document describing the salary reduction plan shall
be adopted and administered by the department. The
department shall represent the state in all matters concerning
the administration of the plan. The state through the
department, may engage the services of a professional
consultant or administrator on a contractual basis to serve as
an agent to assist the department in carrying out the purposes
of RCW 41.04.600 through 41.04.645.
(2) The department shall formulate and establish policies
and procedures for the administration of the salary reduction
plan that are consistent with existing state law, the internal
revenue code, and the regulations adopted by the internal
revenue service as they may apply to the benefits offered to
participants under the plan.
(3) The funds held by the state for the dependent care
program shall be deposited in the salary reduction account in
the state treasury. Any interest in excess of the amount used
to defray the cost of administering the salary reduction plan
[Title 41 RCW—page 20]
shall become a part of the general fund. Unclaimed moneys
remaining in the salary reduction account at the end of a
plan year after all timely submitted claims for that plan year
have been processed shall become a part of the dependent
care administrative account. The department may assess
each participant a fee for administering the salary reduction
plan. In addition to moneys for initial costs, moneys may be
appropriated from the general fund or dependent care
administrative account for any expense relating to the
administration of the salary reduction plan.
(4) The dependent care administrative account is created
in the state treasury. The department may periodically bill
agencies for employer savings experienced as the result of
dependent care program participation by employees. All
receipts from the following shall be deposited in the account:
(a) Charges to agencies for all or a portion of the estimated
savings due to reductions in employer contributions under
the social security act; (b) charges for other similar savings;
(c) unclaimed moneys in the salary reduction account at the
end of the plan year after all timely submitted claims for that
plan year have been processed; and (d) fees charged to
participants. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for any expense related to the administration of the
salary reduction plan.
(5) Every action taken by the department in administering RCW 41.04.600 through 41.04.645 shall be presumed to
be a fair and reasonable exercise of the authority vested in
or the duties imposed upon it. The department shall be
presumed to have exercised reasonable care, diligence, and
prudence and to have acted impartially as to all persons
interested unless the contrary be proved by clear and
convincing affirmative evidence. [1998 c 116 § 5; 1993 c
34 § 1; 1987 c 475 § 4.]
Effective date—1993 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 34 § 3.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.620 Dependent care—Salary reduction plan—
Participation by eligible persons—Enrollment, termination, or modification. (1) Elected officials and all permanent officers and employees of the state are eligible to
participate in the salary reduction plan and reduce their
salary by agreement with the department. The department
may adopt rules to permit participation in the plan by
temporary employees of the state.
(2) Persons eligible under subsection (1) of this section
may enter into salary reduction agreements with the state.
(3)(a) In the initial year of the salary reduction plan, an
eligible person may become a participant after the adoption
of the plan and before its effective date by agreeing to have
a portion of his or her gross salary reduced and deposited
into a dependent care account to be used for reimbursement
of expenses covered by the plan.
(b) After the initial year of the salary reduction plan, an
eligible person may become a participant for a full plan year,
with annual benefit selection for each new plan year made
before the beginning of the plan year, as determined by the
department, or upon becoming eligible.
(2002 Ed.)
General Provisions
(c) Once an eligible person elects to participate and
determines the amount his or her salary shall be reduced and
the benefit for which the funds are to be used during the
plan year, the agreement shall be irrevocable and may not be
amended during the plan year except as provided in (d) of
this subsection. Prior to making an election to participate in
the salary reduction plan, the eligible person shall be
informed in writing of all the benefits and reductions that
will occur as a result of such election.
(d) The department shall provide in the salary reduction
plan that a participant may enroll, terminate, or change his
or her election after the plan year has begun if there is a
significant change in a participant’s status, as provided by 26
U.S.C. Sec. 125 and the regulations adopted under that
section.
(4) The department shall establish as part of the salary
reduction plan the procedures for and effect of withdrawal
from the plan by reason of retirement, death, leave of
absence, or termination of employment. To the extent
possible under federal law, the department shall protect
participants from forfeiture of rights under the plan.
(5) Any salary reduced under the salary reduction plan
shall continue to be included as regular compensation for the
purpose of computing the state retirement and pension
benefits earned by the employee. [1998 c 116 § 6; 1987 c
475 § 5.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.625 Dependent care—Salary reduction
account. The salary reduction account is established in the
state treasury. All fees paid to reimburse participants or
service providers pursuant to the provisions of RCW
41.04.600 through 41.04.645 shall be paid from the salary
reduction account. [1987 c 475 § 6.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.630 Dependent care—Salary reduction plan—
Records and reports. (1) The department shall keep or
cause to be kept full and adequate accounts and records of
the assets, obligations, transactions, and affairs of a salary
reduction plan created under RCW 41.04.615.
(2) The department shall file an annual report of the
financial condition, transactions, and affairs of the salary
reduction plan under the department’s jurisdiction. [1998 c
245 § 36; 1998 c 116 § 7; 1987 c 475 § 7.]
Reviser’s note: This section was amended by 1998 c 116 § 7 and by
1998 c 245 § 36, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.635 Dependent care—Salary reduction plan—
Termination or amendment of plan. (1) The state may
terminate the salary reduction plan at the end of the plan
year or upon notification of federal action affecting the status
of the plan.
(2) The department may amend the salary reduction plan
at any time if the amendment does not affect the rights of
the participants to receive eligible reimbursement from the
participants’ dependent care accounts. [1998 c 116 § 8;
1987 c 475 § 8.]
(2002 Ed.)
41.04.620
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.640 Dependent care—Salary reduction plan—
Adoption of rules. The department shall adopt rules to
implement RCW 41.04.610 through 41.04.635. [1998 c 116
§ 9; 1987 c 475 § 9.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.645 Dependent care—Salary reduction plan—
Construction of statutes. RCW 41.04.600 through
41.04.640 shall be construed to effectuate the purposes of 26
U.S.C. Sec. 125. [1987 c 475 § 10.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.650 Leave sharing program—Intent. The
legislature finds that: (1) State employees historically have
joined together to help their fellow employees who suffer
from, or have relatives or household members suffering
from, an extraordinary or severe illness, injury, impairment,
or physical or mental condition which prevents the individual
from working and causes great economic and emotional distress to the employee and his or her family; and (2) these
circumstances may be exacerbated because the affected
employees use all their accrued sick leave and annual leave
and are forced to take leave without pay or terminate their
employment. Therefore, the legislature intends to provide
for the establishment of a leave sharing program. [1989 c
93 § 1.]
Severability—1989 c 93: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 93 § 8.]
41.04.655 Leave sharing program—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.650 through
41.04.670, 28A.400.380, and section 7, chapter 93, Laws of
1989.
(1) "Employee" means any employee of the state,
including employees of school districts and educational
service districts, who are entitled to accrue sick leave or
annual leave and for whom accurate leave records are
maintained.
(2) "State agency" or "agency" means departments,
offices, agencies, or institutions of state government, the
legislature, institutions of higher education, school districts,
and educational service districts.
(3) "Program" means the leave sharing program established in RCW 41.04.660. [1990 c 33 § 569; 1989 c 93 §
2.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.660 Leave sharing program—Created. The
Washington state leave sharing program is hereby created.
The purpose of the program is to permit state employees, at
no significantly increased cost to the state of providing
annual leave, sick leave, or personal holidays, to come to the
aid of a fellow state employee who is suffering from or has
a relative or household member suffering from an extraordi[Title 41 RCW—page 21]
41.04.660
Title 41 RCW: Public Employment, Civil Service, and Pensions
nary or severe illness, injury, impairment, or physical or
mental condition which has caused or is likely to cause the
employee to take leave without pay or terminate his or her
employment. [1996 c 176 § 2; 1990 c 23 § 1; 1989 c 93 §
3.]
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.665 Leave sharing program—When employee
may receive leave—When employee may transfer accrued
leave—Transfer of leave between employees of different
agencies. (1) An agency head may permit an employee to
receive leave under this section if:
(a) The employee suffers from, or has a relative or
household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an
extraordinary or severe nature and which has caused, or is
likely to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(b) The employee’s absence and the use of shared leave
are justified;
(c) The employee has depleted or will shortly deplete
his or her annual leave and sick leave reserves;
(d) The employee has abided by agency rules regarding
sick leave use; and
(e) The employee has diligently pursued and been found
to be ineligible for benefits under chapter 51.32 RCW.
(2) The agency head shall determine the amount of
leave, if any, which an employee may receive under this
section. However, an employee shall not receive a total of
more than two hundred sixty-one days of leave.
(3) An employee may transfer annual leave, sick leave,
and his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave
balance of more than ten days may request that the head of
the agency for which the employee works transfer a specified amount of annual leave to another employee authorized
to receive leave under subsection (1) of this section. In no
event may the employee request a transfer of an amount of
leave that would result in his or her annual leave account
going below ten days. For purposes of this subsection
(3)(a), annual leave does not accrue if the employee receives
compensation in lieu of accumulating a balance of annual
leave.
(b) An employee may transfer a specified amount of
sick leave to an employee requesting shared leave only when
the donating employee retains a minimum of four hundred
eighty hours of sick leave after the transfer. In no event
may such an employee request a transfer of more than six
days of sick leave during any twelve-month period.
(c) An employee may transfer, under the provisions of
this section relating to the transfer of leave, all or part of his
or her personal holiday, as that term is defined under RCW
1.16.050, or as such holidays are provided to employees by
agreement with a school district’s board of directors if the
leave transferred under this subsection does not exceed the
amount of time provided for personal holidays under RCW
1.16.050.
(4) An employee of an institution of higher education
under RCW 28B.10.016, school district, or educational
service district who does not accrue annual leave but does
[Title 41 RCW—page 22]
accrue sick leave and who has an accrued sick leave balance
of more than sixty days may request that the head of the
agency for which the employee works transfer a specified
amount of sick leave to another employee authorized to
receive leave under subsection (1) of this section. In no
event may such an employee request a transfer of more than
six days of sick leave during any twelve month period, or
request a transfer that would result in his or her sick leave
account going below sixty days. Transfers of sick leave
under this subsection are limited to transfers from employees
who do not accrue annual leave. Under this subsection,
"sick leave" also includes leave accrued pursuant to RCW
28A.400.300(2) or 28A.310.240(1) with compensation for
illness, injury, and emergencies.
(5) Transfers of leave made by an agency head under
subsections (3) and (4) of this section shall not exceed the
requested amount.
(6) Leave transferred under this section may be transferred from employees of one agency to an employee of the
same agency or, with the approval of the heads of both
agencies, to an employee of another state agency. However,
leave transferred to or from employees of school districts or
educational service districts is limited to transfers to or from
employees within the same employing district.
(7) While an employee is on leave transferred under this
section, he or she shall continue to be classified as a state
employee and shall receive the same treatment in respect to
salary, wages, and employee benefits as the employee would
normally receive if using accrued annual leave or sick leave.
(a) All salary and wage payments made to employees
while on leave transferred under this section shall be made
by the agency employing the person receiving the leave.
The value of leave transferred shall be based upon the leave
value of the person receiving the leave.
(b) In the case of leave transferred by an employee of
one agency to an employee of another agency, the agencies
involved shall arrange for the transfer of funds and credit for
the appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section
if the transfer would violate any constitutional or statutory
restrictions on the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under
this section only if and to the extent that the agency’s
existing appropriation authority would prevent it from
expending the funds received.
(iii) Where any questions arise in the transfer of funds
or the adjustment of appropriation authority, the director of
financial management shall determine the appropriate
transfer or adjustment.
(8) Leave transferred under this section shall not be
used in any calculation to determine an agency’s allocation
of full time equivalent staff positions.
(9) The value of any leave transferred under this section
which remains unused shall be returned at its original value
to the employee or employees who transferred the leave
when the agency head finds that the leave is no longer
needed or will not be needed at a future time in connection
with the illness or injury for which the leave was transferred.
To the extent administratively feasible, the value of unused
(2002 Ed.)
General Provisions
leave which was transferred by more than one employee
shall be returned on a pro rata basis.
(10) An employee who uses leave that is transferred to
him or her under this section may not be required to repay
the value of the leave that he or she used. [1999 c 25 § 1;
1996 c 176 § 1; 1990 c 23 § 2; 1989 c 93 § 4.]
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.670 Leave sharing program—Adoption of
rules. The Washington personnel resources board and other
personnel authorities shall each adopt rules applicable to
employees under their respective jurisdictions: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through
41.04.665; (2) providing for equivalent treatment of employees between their respective jurisdictions and allowing
transfers of leave in accordance with RCW 41.04.665(5); (3)
establishing procedures to ensure that the program does not
significantly increase the cost of providing leave; and (4)
providing for the administration of the program and providing for maintenance and collection of sufficient information
on the program to allow a thorough legislative review.
[1993 c 281 § 18; 1990 c 23 § 3; 1989 c 93 § 5.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Temporary policies—1989 c 93: "School districts, the department
of personnel, the higher education personnel board, and other personnel
authorities may adopt temporary emergency policies and procedures to
implement the program on April 20, 1989, so that donated leave may be
used in lieu of leave without pay taken after April 20, 1989." [1989 c 93
§ 7.]
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.700 Employee assistance program—Intent.
The legislature finds that:
(1) Assisting employees in resolving personal problems
that impair their performance will result in a more productive work force, better morale, reduced stress, reduced use of
medical benefits, reduced absenteeism, lower turnover rates,
and fewer accidents;
(2) A substantial number of employee problems can be
identified and the employees referred to treatment by an
employee assistance program;
(3) The state, as an employer, desires to foster a
working environment that promotes safety and productivity
as well as the health and well-being of its employees.
Therefore, it is the purpose of RCW 41.04.710 through
41.04.730 to assist state employees by establishing a state
employee assistance program. [1990 c 60 § 301.]
Severability—Subheadings not law—1990 c 60: See notes
following RCW 41.06.070.
41.04.710 Employee assistance program—Created.
The employee assistance program is hereby created to
provide support and services to state employees who have
personal problems that impair their performance in the work
place. The goal of the program is to help promote a safe,
productive, and healthy state work force by assisting state
employees and their supervisors to identify and deal with
such personal problems. However, nothing in this chapter
relieves employees from the responsibility of performing
their jobs in an acceptable manner. [1990 c 60 § 302.]
(2002 Ed.)
41.04.665
Severability—Subheadings not law—1990 c 60: See notes
following RCW 41.06.070.
41.04.720 Employee assistance program—*Director
of human resources—Duties. The *director of human
resources shall:
(1) Administer the state employee assistance program to
assist employees who have personal problems that adversely
affect their job performance or have the potential of doing
so;
(2) Develop policies, procedures, and activities for the
program;
(3) Encourage and promote the voluntary use of the
employee assistance program by increasing employee
awareness and disseminating educational materials;
(4) Provide technical assistance and training to agencies
on how to use the employee assistance program;
(5) Assist and encourage supervisors to identify and
refer employees with problems that impair their performance
by incorporating proper use of the program in management
training, management performance criteria, ongoing communication with agencies, and other appropriate means;
(6) Offer substance abuse prevention and awareness
activities to be provided through the employee assistance
program and the state employee wellness program;
(7) Monitor and evaluate the effectiveness of the
program, including the collection, analysis, and publication
of relevant statistical information; and
(8) Consult with state agencies, institutions of higher
education, and employee organizations in carrying out the
purposes of RCW 41.04.700 through 41.04.730. [1990 c 60
§ 303.]
*Reviser’s note: The reference to the "director of human resources"
is erroneous. In the final version of House Bill No. 2567, all other
references were changed to the "director of personnel."
Severability—Subheadings not law—1990 c 60: See notes
following RCW 41.06.070.
41.04.730 Employee assistance program—
Information confidential—Exceptions. Individual
employees’ participation in the employee assistance program
and all individually identifiable information gathered in the
process of conducting the program shall be held in strict
confidence; except that agency management may be provided
with the following information about employees referred by
that agency management due to poor job performance:
(1) Whether or not the referred employee made an
appointment;
(2) The date and time the employee arrived and departed;
(3) Whether the employee agreed to follow the advice
of counselors; and
(4) Whether further appointments were scheduled.
Participation or nonparticipation by any employee in the
employee assistance program shall not be a factor in any
decision affecting an employee’s job security, promotional
opportunities, corrective or disciplinary action, or other employment rights. [1990 c 60 § 304.]
Severability—Subheadings not law—1990 c 60: See notes
following RCW 41.06.070.
[Title 41 RCW—page 23]
41.04.750
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.04.750 Supported employment—Definitions.
Unless the context clearly requires otherwise the definitions
in this section apply throughout RCW 41.04.760 through
41.04.780.
(1) "Developmental disability" means a disability as
defined in RCW 71A.10.020.
(2) "Significant disability" means a disability as defined
in 29 U.S.C. Sec. 705.
(3) "Supported employment" means employment for
individuals with developmental disabilities or other significant disabilities who require on-the-job training and longterm support in order to fulfill their job duties successfully.
Supported employment offers the same wages and benefits
as similar nonsupported employment positions.
(4) "State agency" means any office, department,
division, bureau, board, commission, community college or
institution of higher education, or agency of the state of
Washington. [1999 c 178 § 2; 1997 c 287 § 2.]
Finding—1997 c 287: "The legislature finds that the rate of
unemployment among individuals with developmental disabilities or other
significant disabilities is high due to the limited employment opportunities
available to them. Given that individuals with developmental disabilities or
other significant disabilities are capable of filling employment positions in
the general work force population, supported employment is an effective
way of integrating such individuals into the general work force population.
The creation of supported employment programs can increase the types and
availability of employment positions for individuals with developmental
disabilities or other significant disabilities." [1999 c 178 § 1; 1997 c 287
§ 1.]
technical assistance to agencies implementing supported
employment programs. The department of personnel shall
make available, upon request of the legislature, an annual
report that evaluates the overall progress of supported
employment in state government. [1997 c 287 § 4.]
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.780 Supported employment—Impact on other
employment positions. The creation of supported employment positions under RCW 41.04.760 and 41.04.770 shall
not count against an agency’s allotted full-time equivalent
employee positions. Supported employment programs are
not intended to displace employees or abrogate any reduction-in-force rights. [1997 c 287 § 5.]
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.800 Chapter not applicable to officers and
employees of state convention and trade center. The
provisions of this chapter shall not be applicable to the
officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW. [1984 c 210 § 5.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
Chapter 41.05
STATE HEALTH CARE AUTHORITY
(Formerly: State employees’ insurance and health care)
41.04.760 Supported employment—State agency
participation. State agencies are encouraged to participate
in supported employment activities. The department of
social and health services, in conjunction with the department of personnel and the office of financial management,
shall identify agencies that have positions and funding
conducive to implementing supported employment. An
agency may only participate in supported employment
activities pursuant to this section if the agency is able to
operate the program within its existing budget. These
agencies shall:
(1) Designate a coordinator who will be responsible for
information and resource referral regarding the agency’s
supported employment program. The coordinator shall serve
as a liaison between the agency and the department of
personnel regarding supported employment;
(2) Submit an annual update to the department of social
and health services, the department of personnel, and the
office of financial management. The annual update shall
include: A description of the agency’s supported employment efforts, the number of individuals placed in supported
employment positions, and an overall evaluation of the
effectiveness of supported employment for the agency.
[1999 c 178 § 3; 1997 c 287 § 3.]
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.770 Supported employment—Implementation.
The department of social and health services and the
department of personnel shall, after consultation with
supported employment provider associations and other
interested parties, encourage, educate, and assist state
agencies in implementing supported employment programs.
The department of personnel shall provide human resources
[Title 41 RCW—page 24]
Sections
41.05.006
41.05.011
41.05.015
41.05.017
41.05.021
41.05.022
41.05.026
41.05.031
41.05.050
41.05.055
41.05.065
41.05.075
41.05.080
41.05.085
41.05.090
41.05.100
41.05.110
41.05.120
41.05.130
41.05.140
41.05.143
41.05.150
41.05.160
41.05.165
41.05.170
Purpose.
Definitions.
Medical director.
Provisions applicable to health plans offered under this
chapter.
State health care authority—Administrator—Cost control
and delivery strategies—Managed competition.
State agent for purchasing health services—Single community-rated risk pool.
Contracts—Proprietary data, trade secrets, actuarial formulas,
statistics, cost and utilization data—Exemption from
public inspection—Executive sessions.
Agencies to establish health care information systems.
Contributions for employees and dependents.
Public employees’ benefits board—Members.
Public employees’ benefits board—Duties.
Employee benefit plans—Contracts with insuring entities.
Participation in insurance plans and contracts—Retired,
disabled, or separated employees—Certain surviving
spouses and dependent children.
Retired or disabled school employee health insurance subsidy.
Continuation of coverage of employee, spouse, or covered
dependent ineligible under state plan—Exceptions.
Chapter not applicable to certain employees of Cooperative
Extension Service.
Chapter not applicable to officers and employees of state
convention and trade center.
Public employees’ and retirees’ insurance account.
State health care authority administrative account.
Payment of claims—Self-insurance—Insurance reserve funds
created.
Uniform medical plan benefits administration account—
Uniform dental plan benefits administration account.
Health care policy technical advisory committee.
Rules.
Rules—Insurance benefit reimbursement.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
(2002 Ed.)
State Health Care Authority
41.05.180
41.05.183
Mammograms—Insurance coverage.
General anesthesia services for dental procedures—Public
employee benefit plans.
41.05.185 Diabetes benefits—State-purchased health care.
41.05.190 Medicare supplemental insurance plan.
41.05.195 Medicare supplemental insurance policies.
41.05.197 Medicare supplemental insurance policies—January 1995
federal waiver threshold.
41.05.220 Community and migrant health centers—Maternity health
care centers—People of color—Underserved populations.
41.05.225 Blind licensees in the business enterprises program—Plan of
health insurance.
41.05.230 Multicultural health care technical assistance program.
41.05.240 American Indian health care delivery plan.
41.05.280 Department of corrections—Inmate health care.
41.05.300 Benefits contribution plan—Authorized.
41.05.310 Benefits contribution plan—Policies and procedures—Plan
document.
41.05.320 Benefits contribution plan—Eligibility—Participation, withdrawal.
41.05.330 Benefits contribution plan—Accounts and records.
41.05.340 Benefits contribution plan—Termination—Amendment.
41.05.350 Benefits contribution plan—Rules.
41.05.360 Benefits contribution plan—Construction.
41.05.400 Plan of health care coverage—Available funds—
Components—Eligibility—Administrator’s duties.
41.05.900 Short title.
41.05.901 Implementation—Effective dates—1988 c 107.
Hospitalization and health care for county, municipal and other political
subdivision employees: RCW 41.04.180.
Monitoring enrollee level in basic health plan and medicaid caseload of
children—Funding levels adjustment: RCW 43.41.260.
Prepaid chiropractic, pilot projects: RCW 18.25.200.
Requirement to seek federal waivers and state law changes to medicaid
assistance program: RCW 43.20A.860.
41.05.006 Purpose. (1) The legislature recognizes
that (a) the state is a major purchaser of health care services,
(b) the increasing costs of such health care services are
posing and will continue to pose a great financial burden on
the state, (c) it is the state’s policy, consistent with the best
interests of the state, to provide comprehensive health care
as an employer, to state employees and officials and their
dependents and to those who are dependent on the state for
necessary medical care, and (d) it is imperative that the state
begin to develop effective and efficient health care delivery
systems and strategies for procuring health care services in
order for the state to continue to purchase the most comprehensive health care possible.
(2) It is therefore the purpose of this chapter to establish
the Washington state health care authority whose purpose
shall be to (a) develop health care benefit programs, funded
to the fullest extent possible by the employer, that provide
comprehensive health care for eligible state employees,
officials, and their dependents, and (b) study all statepurchased health care, alternative health care delivery
systems, and strategies for the procurement of health care
services and make recommendations aimed at minimizing the
financial burden which health care poses on the state, its
employees, and its charges, while at the same time allowing
the state to provide the most comprehensive health care
possible. [1988 c 107 § 2.]
41.05.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(2002 Ed.)
Chapter 41.05
(1) "Administrator" means the administrator of the
authority.
(2) "State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health,
the basic health plan, the state health care authority, the
department of labor and industries, the department of
corrections, the department of veterans affairs, and local
school districts.
(3) "Authority" means the Washington state health care
authority.
(4) "Insuring entity" means an insurer as defined in
chapter 48.01 RCW, a health care service contractor as
defined in chapter 48.44 RCW, or a health maintenance
organization as defined in chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that
allows employees to choose the level of health care coverage
provided and the amount of employee contributions from
among a range of choices offered by the authority.
(6) "Employee" includes all full-time and career
seasonal employees of the state, whether or not covered by
civil service; elected and appointed officials of the executive
branch of government, including full-time members of
boards, commissions, or committees; and includes any or all
part-time and temporary employees under the terms and
conditions established under this chapter by the authority;
justices of the supreme court and judges of the court of
appeals and the superior courts; and members of the state
legislature or of the legislative authority of any county, city,
or town who are elected to office after February 20, 1970.
"Employee" also includes: (a) Employees of a county,
municipality, or other political subdivision of the state if the
legislative authority of the county, municipality, or other
political subdivision of the state seeks and receives the
approval of the authority to provide any of its insurance
programs by contract with the authority, as provided in RCW
41.04.205; (b) employees of employee organizations representing state civil service employees, at the option of each
such employee organization, and, effective October 1, 1995,
employees of employee organizations currently pooled with
employees of school districts for the purpose of purchasing
insurance benefits, at the option of each such employee
organization; and (c) employees of a school district if the
authority agrees to provide any of the school districts’
insurance programs by contract with the authority as provided in RCW 28A.400.350.
(7) "Board" means the public employees’ benefits board
established under RCW 41.05.055.
(8) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a
school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40
RCW as of September 30, 1993;
(b) Persons who separate from employment with a
school district or educational service district on or after
October 1, 1993, and immediately upon separation receive a
retirement allowance under chapter 41.32, 41.35, or 41.40
RCW;
(c) Persons who separate from employment with a
school district or educational service district due to a total
and permanent disability, and are eligible to receive a
[Title 41 RCW—page 25]
41.05.011
Title 41 RCW: Public Employment, Civil Service, and Pensions
deferred retirement allowance under chapter 41.32, 41.35, or
41.40 RCW.
(9) "Benefits contribution plan" means a premium only
contribution plan, a medical flexible spending arrangement,
or a cafeteria plan whereby state and public employees may
agree to a contribution to benefit costs which will allow the
employee to participate in benefits offered pursuant to 26
U.S.C. Sec. 125 or other sections of the internal revenue
code.
(10) "Salary" means a state employee’s monthly salary
or wages.
(11) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the benefits
contribution plan.
(12) "Plan year" means the time period established by
the authority.
(13) "Separated employees" means persons who separate
from employment with an employer as defined in:
(a) RCW 41.32.010(11) on or after July 1, 1996; or
(b) RCW 41.35.010 on or after September 1, 2000; or
(c) RCW 41.40.010 on or after March 1, 2002;
and who are at least age fifty-five and have at least ten years
of service under the teachers’ retirement system plan 3 as
defined in RCW 41.32.010(40), the Washington school
employees’ retirement system plan 3 as defined in RCW
41.35.010, or the public employees’ retirement system plan
3 as defined in RCW 41.40.010.
(14) "Emergency service personnel killed in the line of
duty" means law enforcement officers and fire fighters as
defined in RCW 41.26.030, and reserve officers and fire
fighters as defined in RCW 41.24.010 who die as a result of
injuries sustained in the course of employment as determined
consistent with Title 51 RCW by the department of labor
and industries. [2001 c 165 § 2. Prior: 2000 c 247 § 604;
2000 c 230 § 3; 1998 c 341 § 706; 1996 c 39 § 21; 1995 1st
sp.s. c 6 § 2; 1994 c 153 § 2; prior: 1993 c 492 § 214;
1993 c 386 § 5; 1990 c 222 § 2; 1988 c 107 § 3.]
Effective date—2001 c 165 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 165 § 5.]
Effective date—Application—2001 c 165: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and except for
section 2 of this act takes effect immediately [May 7, 2001]. This act
applies to surviving spouses and dependent children of emergency service
personnel killed in the line of duty on or after January 1, 1998." [2001 c
165 § 6.]
Effective date—2000 c 230: See note following RCW 41.35.630.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—1994 c 153: "It is the intent of the legislature to increase
access to health insurance for retired and disabled state and school district
employees and to increase equity between state and school employees and
between state and school retirees." [1994 c 153 § 1.]
Effective dates—1994 c 153: "This act shall take effect January 1,
1995, except section 15 of this act, which takes effect October 1, 1995."
[1994 c 153 § 16.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
[Title 41 RCW—page 26]
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note
following RCW 28A.400.391.
41.05.015 Medical director. The administrator shall
designate a medical director who is licensed under chapter
18.57 or 18.71 RCW. [2000 c 5 § 16.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
41.05.017 Provisions applicable to health plans
offered under this chapter. Each health plan that provides
medical insurance offered under this chapter, including plans
created by insuring entities, plans not subject to the provisions of Title 48 RCW, and plans created under RCW
41.05.140, are subject to the provisions of RCW 48.43.500,
70.02.045, 48.43.505 through 48.43.535, 43.70.235,
48.43.545, 48.43.550, 70.02.110, and 70.02.900. [2000 c 5
§ 20.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
41.05.021
State health care authority—
Administrator—Cost control and delivery strategies—
Managed competition. (1) The Washington state health
care authority is created within the executive branch. The
authority shall have an administrator appointed by the
governor, with the consent of the senate. The administrator
shall serve at the pleasure of the governor. The administrator may employ up to seven staff members, who shall be
exempt from chapter 41.06 RCW, and any additional staff
members as are necessary to administer this chapter. The
administrator may delegate any power or duty vested in him
or her by this chapter, including authority to make final
decisions and enter final orders in hearings conducted under
chapter 34.05 RCW. The primary duties of the authority
shall be to: Administer state employees’ insurance benefits
and retired or disabled school employees’ insurance benefits;
administer the basic health plan pursuant to chapter 70.47
RCW; study state-purchased health care programs in order
to maximize cost containment in these programs while
ensuring access to quality health care; and implement state
initiatives, joint purchasing strategies, and techniques for
efficient administration that have potential application to all
state-purchased health services. The authority’s duties
include, but are not limited to, the following:
(a) To administer health care benefit programs for
employees and retired or disabled school employees as
specifically authorized in RCW 41.05.065 and in accordance
with the methods described in RCW 41.05.075, 41.05.140,
and other provisions of this chapter;
(b) To analyze state-purchased health care programs and
to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes
of those programs, including, but not limited to:
(i) Creation of economic incentives for the persons for
whom the state purchases health care to appropriately utilize
and purchase health care services, including the development
(2002 Ed.)
State Health Care Authority
of flexible benefit plans to offset increases in individual
financial responsibility;
(ii) Utilization of provider arrangements that encourage
cost containment, including but not limited to prepaid
delivery systems, utilization review, and prospective payment
methods, and that ensure access to quality care, including
assuring reasonable access to local providers, especially for
employees residing in rural areas;
(iii) Coordination of state agency efforts to purchase
drugs effectively as provided in RCW 70.14.050;
(iv) Development of recommendations and methods for
purchasing medical equipment and supporting services on a
volume discount basis; and
(v) Development of data systems to obtain utilization
data from state-purchased health care programs in order to
identify cost centers, utilization patterns, provider and
hospital practice patterns, and procedure costs, utilizing the
information obtained pursuant to RCW 41.05.031;
(c) To analyze areas of public and private health care
interaction;
(d) To provide information and technical and administrative assistance to the board;
(e) To review and approve or deny applications from
counties, municipalities, and other political subdivisions of
the state to provide state-sponsored insurance or self-insurance programs to their employees in accordance with the
provisions of RCW 41.04.205, setting the premium contribution for approved groups as outlined in RCW 41.05.050;
(f) To appoint a health care policy technical advisory
committee as required by RCW 41.05.150;
(g) To establish billing procedures and collect funds
from school districts and educational service districts under
*RCW 28A.400.400 in a way that minimizes the administrative burden on districts;
(h) To publish and distribute to nonparticipating school
districts and educational service districts by October 1st of
each year a description of health care benefit plans available
through the authority and the estimated cost if school
districts and educational service district employees were
enrolled; and
(i) To promulgate and adopt rules consistent with this
chapter as described in RCW 41.05.160.
(2) On and after January 1, 1996, the public employees’
benefits board may implement strategies to promote managed
competition among employee health benefit plans. Strategies
may include but are not limited to:
(a) Standardizing the benefit package;
(b) Soliciting competitive bids for the benefit package;
(c) Limiting the state’s contribution to a percent of the
lowest priced qualified plan within a geographical area;
(d) Monitoring the impact of the approach under this
subsection with regards to: Efficiencies in health service
delivery, cost shifts to subscribers, access to and choice of
managed care plans statewide, and quality of health services.
The health care authority shall also advise on the value of
administering a benchmark employer-managed plan to
promote competition among managed care plans. [2002 c
142 § 1; 1999 c 372 § 4; 1997 c 274 § 1; 1995 1st sp.s. c 6
§ 7; 1994 c 309 § 1. Prior: 1993 c 492 § 215; 1993 c 386
§ 6; 1990 c 222 § 3; 1988 c 107 § 4.]
41.05.021
Effective date—1997 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 274 § 10.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note
following RCW 28A.400.391.
41.05.022 State agent for purchasing health services—Single community-rated risk pool. (1) The health care
authority is hereby designated as the single state agent for
purchasing health services.
(2) On and after January 1, 1995, at least the following
state-purchased health services programs shall be merged
into a single, community-rated risk pool: Health benefits for
groups of employees of school districts and educational
service districts that voluntarily purchase health benefits as
provided in RCW 41.05.011; health benefits for state
employees; health benefits for eligible retired or disabled
school employees not eligible for parts A and B of medicare;
and health benefits for eligible state retirees not eligible for
parts A and B of medicare.
(3) At a minimum, and regardless of other legislative
enactments, the state health services purchasing agent shall:
(a) Require that a public agency that provides subsidies
for a substantial portion of services now covered under the
basic health plan use uniform eligibility processes, insofar as
may be possible, and ensure that multiple eligibility determinations are not required;
(b) Require that a health care provider or a health care
facility that receives funds from a public program provide
care to state residents receiving a state subsidy who may
wish to receive care from them, and that an insuring entity
that receives funds from a public program accept enrollment
from state residents receiving a state subsidy who may wish
to enroll with them;
(c) Strive to integrate purchasing for all publicly
sponsored health services in order to maximize the cost
control potential and promote the most efficient methods of
financing and coordinating services;
(d) Consult regularly with the governor, the legislature,
and state agency directors whose operations are affected by
the implementation of this section; and
(e) Ensure the control of benefit costs under managed
competition by adopting rules to prevent employers from
entering into an agreement with employees or employee
organizations when the agreement would result in increased
utilization in public employees’ benefits board plans or
reduce the expected savings of managed competition. [1995
1st sp.s. c 6 § 3; 1994 c 153 § 3; 1993 c 492 § 227.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
*Reviser’s note: RCW 28A.400.400 was repealed by 1994 c 153 §
15, effective October 1, 1995.
(2002 Ed.)
[Title 41 RCW—page 27]
41.05.022
Title 41 RCW: Public Employment, Civil Service, and Pensions
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.026 Contracts—Proprietary data, trade
secrets, actuarial formulas, statistics, cost and utilization
data—Exemption from public inspection—Executive
sessions. (1) When soliciting proposals for the purpose of
awarding contracts for goods or services, the administrator
shall, upon written request by the bidder, exempt from public
inspection and copying such proprietary data, trade secrets,
or other information contained in the bidder’s proposal that
relate to the bidder’s unique methods of conducting business
or of determining prices or premium rates to be charged for
services under terms of the proposal.
(2) Actuarial formulas, statistics, cost and utilization
data, or other proprietary information submitted upon request
of the administrator or board by a contracting insurer, health
care service contractor, health maintenance organization, or
vendor may be withheld at any time from public inspection
when necessary to preserve trade secrets or prevent unfair
competition.
(3) The board may hold an executive session during any
regular or special meeting to discuss information submitted
in accordance with subsection (1) or (2) of this section.
[1991 c 79 § 1; 1990 c 222 § 6.]
41.05.031 Agencies to establish health care information systems. The following state agencies are directed to
cooperate with the authority to establish appropriate health
care information systems in their programs: The department
of social and health services, the department of health, the
department of labor and industries, the basic health plan, the
department of veterans affairs, the department of corrections,
and the superintendent of public instruction.
The authority, in conjunction with these agencies, shall
determine:
(1) Definitions of health care services;
(2) Health care data elements common to all agencies;
(3) Health care data elements unique to each agency;
and
(4) A mechanism for program and budget review of
health care data. [1990 c 222 § 4; 1988 c 107 § 5.]
41.05.050 Contributions for employees and dependents. (Effective until January 1, 2003.) (1) Every
department, division, or separate agency of state government,
and such county, municipal, school district, educational service district, or other political subdivisions as are covered by
this chapter, shall provide contributions to insurance and
health care plans for its employees and their dependents, the
content of such plans to be determined by the authority.
Contributions, paid by the county, the municipality, or other
political subdivision for their employees, shall include an
amount determined by the authority to pay such administrative expenses of the authority as are necessary to administer
the plans for employees of those groups, except as provided
in subsection (3) of this section.
(2) The contributions of any department, division, or
separate agency of the state government, and such county,
municipal, or other political subdivisions as are covered by
this chapter, shall be set by the authority, subject to the
[Title 41 RCW—page 28]
approval of the governor for availability of funds as specifically appropriated by the legislature for that purpose.
Insurance and health care contributions for ferry employees
shall be governed by RCW 47.64.270.
(3)(a) Beginning September 1, 2002, school districts and
educational service districts shall be charged the same
composite rate as state agencies, plus the same amounts for
employee premiums by plan and family size as are charged
to state employees, for groups of district employees enrolled
in authority plans as of January 1, 2002.
(b) For all groups of district employees enrolling in
authority plans for the first time after September 1, 2002, the
authority shall charge districts the same composite rate
charged to state agencies, plus the same amounts for
employee premiums by plan and by family size as are
charged to state employees, only if the authority determines
that this method of billing the districts will not result in a
material difference between revenues from districts and
expenditures made by the authority on behalf of districts and
their employees.
(c) If the authority determines at any time that the
conditions in (b) of this subsection cannot be met, the
authority shall offer enrollment to additional groups of
district employees on a tiered rate structure until such time
as the authority determines there would be no material
difference between revenues and expenditures under a
composite rate structure for all district employees enrolled in
authority plans.
(d) The authority may charge districts a one-time set-up
fee for employee groups enrolling in authority plans for the
first time.
(e) For the purposes of this subsection:
(i) "District" means school district and educational
service district; and
(ii) "Tiered rates" means the amounts the authority must
pay to insuring entities by plan and by family size.
(4) The authority shall transmit a recommendation for
the amount of the employer contribution to the governor and
the director of financial management for inclusion in the
proposed budgets submitted to the legislature. [2002 c 142
§ 2. Prior: 1995 1st sp.s. c 6 § 22; 1994 c 309 § 2; 1994
c 153 § 4; prior: 1993 c 492 § 216; 1993 c 386 § 7; 1988
c 107 § 18; 1987 c 122 § 4; 1984 c 107 § 1; 1983 c 15 §
20; 1983 c 2 § 9; prior: 1982 1st ex.s. c 34 § 2; 1981 c 344
§ 6; 1979 c 151 § 55; 1977 ex.s. c 136 § 4; 1975-’76 2nd
ex.s. c 106 § 4; 1975 1st ex.s. c 38 § 2; 1973 1st ex.s. c 147
§ 3; 1970 ex.s. c 39 § 5.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective date—1993 c 386 §§ 3, 7, and 11: See note following
RCW 41.04.205.
Intent—1993 c 386: See note following RCW 28A.400.391.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1981 c 344: See note following RCW 47.60.326.
(2002 Ed.)
State Health Care Authority
Effective date—Conditions prerequisite to implementing sections—
1977 ex.s. c 136: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect on
July 1, 1977: PROVIDED, That if the state operating budget appropriations
act does not contain the funds necessary for the implementation of this 1977
amendatory act in an appropriated amount sufficient to fully fund the
employer’s contribution to the state employee insurance benefits program
which is established by the board in accordance with RCW 41.05.050 (2)
and (3) as now or hereafter amended, sections 1, 5, and 6 of this 1977
amendatory act shall be null and void." [1977 ex.s. c 136 § 8.]
Effective date—Effect of veto—1973 1st ex.s. c 147: "This bill shall
not take effect until the funds necessary for its implementation have been
specifically appropriated by the legislature and such appropriation itself has
become law. It is the intention of the legislature that if the governor shall
veto this section or any item thereof, none of the provisions of this bill shall
take effect." [1973 1st ex.s. c 147 § 10.]
Savings—1973 1st ex.s. c 147: "Nothing contained in this 1973
amendatory act shall be deemed to amend, alter or affect the provisions of
Chapter 23, Laws of 1972, Extraordinary Session, and RCW 28B.10.840
through 28B.10.844 as now or hereafter amended." [1973 1st ex.s. c 147
§ 13.]
Severability—1973 1st ex.s. c 147: "If any provision of this 1973
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 147 § 9.]
Severability—1970 ex.s. c 39: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 39 § 14.]
41.05.050 Contributions for employees and dependents. (Effective January 1, 2003.) (1) Every department,
division, or separate agency of state government, and such
county, municipal, school district, educational service district, or other political subdivisions as are covered by this
chapter, shall provide contributions to insurance and health
care plans for its employees and their dependents, the
content of such plans to be determined by the authority.
Contributions, paid by the county, the municipality, or other
political subdivision for their employees, shall include an
amount determined by the authority to pay such administrative expenses of the authority as are necessary to
administer the plans for employees of those groups, except
as provided in subsection (4) of this section.
(2) If the authority at any time determines that the
participation of a county, municipal, or other political
subdivision covered under this chapter adversely impacts
insurance rates for state employees, the authority shall
implement limitations on the participation of additional
county, municipal, or other political subdivisions.
(3) The contributions of any department, division, or
separate agency of the state government, and such county,
municipal, or other political subdivisions as are covered by
this chapter, shall be set by the authority, subject to the
approval of the governor for availability of funds as specifically appropriated by the legislature for that purpose.
Insurance and health care contributions for ferry employees
shall be governed by RCW 47.64.270.
(4)(a) Beginning September 1, 2002, school districts and
educational service districts shall be charged the same
composite rate as state agencies, plus the same amounts for
employee premiums by plan and family size as are charged
to state employees, for groups of district employees enrolled
in authority plans as of January 1, 2002.
(2002 Ed.)
41.05.050
(b) For all groups of district employees enrolling in
authority plans for the first time after September 1, 2002, the
authority shall charge districts the same composite rate
charged to state agencies, plus the same amounts for
employee premiums by plan and by family size as are
charged to state employees, only if the authority determines
that this method of billing the districts will not result in a
material difference between revenues from districts and
expenditures made by the authority on behalf of districts and
their employees.
(c) If the authority determines at any time that the
conditions in (b) of this subsection cannot be met, the
authority shall offer enrollment to additional groups of
district employees on a tiered rate structure until such time
as the authority determines there would be no material
difference between revenues and expenditures under a
composite rate structure for all district employees enrolled in
authority plans.
(d) The authority may charge districts a one-time set-up
fee for employee groups enrolling in authority plans for the
first time.
(e) For the purposes of this subsection:
(i) "District" means school district and educational
service district; and
(ii) "Tiered rates" means the amounts the authority must
pay to insuring entities by plan and by family size.
(5) The authority shall transmit a recommendation for
the amount of the employer contribution to the governor and
the director of financial management for inclusion in the
proposed budgets submitted to the legislature. [2002 c 319
§ 4; 2002 c 142 § 2. Prior: 1995 1st sp.s. c 6 § 22; 1994
c 309 § 2; 1994 c 153 § 4; prior: 1993 c 492 § 216; 1993
c 386 § 7; 1988 c 107 § 18; 1987 c 122 § 4; 1984 c 107 §
1; 1983 c 15 § 20; 1983 c 2 § 9; prior: 1982 1st ex.s. c 34
§ 2; 1981 c 344 § 6; 1979 c 151 § 55; 1977 ex.s. c 136 § 4;
1975-’76 2nd ex.s. c 106 § 4; 1975 1st ex.s. c 38 § 2; 1973
1st ex.s. c 147 § 3; 1970 ex.s. c 39 § 5.]
Reviser’s note: This section was amended by 2002 c 142 § 2 and by
2002 c 319 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—Implementation—2002 c 319: See notes
following RCW 41.04.208.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective date—1993 c 386 §§ 3, 7, and 11: See note following
RCW 41.04.205.
Intent—1993 c 386: See note following RCW 28A.400.391.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1981 c 344: See note following RCW 47.60.326.
Effective date—Conditions prerequisite to implementing sections—
1977 ex.s. c 136: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect on
July 1, 1977: PROVIDED, That if the state operating budget appropriations
act does not contain the funds necessary for the implementation of this 1977
amendatory act in an appropriated amount sufficient to fully fund the
[Title 41 RCW—page 29]
41.05.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
employer’s contribution to the state employee insurance benefits program
which is established by the board in accordance with RCW 41.05.050 (2)
and (3) as now or hereafter amended, sections 1, 5, and 6 of this 1977
amendatory act shall be null and void." [1977 ex.s. c 136 § 8.]
Effective date—Effect of veto—1973 1st ex.s. c 147: "This bill shall
not take effect until the funds necessary for its implementation have been
specifically appropriated by the legislature and such appropriation itself has
become law. It is the intention of the legislature that if the governor shall
veto this section or any item thereof, none of the provisions of this bill shall
take effect." [1973 1st ex.s. c 147 § 10.]
Savings—1973 1st ex.s. c 147: "Nothing contained in this 1973
amendatory act shall be deemed to amend, alter or affect the provisions of
Chapter 23, Laws of 1972, Extraordinary Session, and RCW 28B.10.840
through 28B.10.844 as now or hereafter amended." [1973 1st ex.s. c 147
§ 13.]
Severability—1973 1st ex.s. c 147: "If any provision of this 1973
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 147 § 9.]
Severability—1970 ex.s. c 39: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 39 § 14.]
41.05.055 Public employees’ benefits board—
Members. (1) The public employees’ benefits board is
created within the authority. The function of the board is to
design and approve insurance benefit plans for state employees and school district employees.
(2) The board shall be composed of nine members
appointed by the governor as follows:
(a) Two representatives of state employees, one of
whom shall represent an employee union certified as
exclusive representative of at least one bargaining unit of
classified employees, and one of whom is retired, is covered
by a program under the jurisdiction of the board, and
represents an organized group of retired public employees;
(b) Two representatives of school district employees,
one of whom shall represent an association of school
employees and one of whom is retired, and represents an
organized group of retired school employees;
(c) Four members with experience in health benefit
management and cost containment; and
(d) The administrator.
(3) The member who represents an association of school
employees and one member appointed pursuant to subsection
(2)(c) of this section shall be nonvoting members until such
time that there are no less than twelve thousand school
district employee subscribers enrolled with the authority for
health care coverage.
(4) The governor shall appoint the initial members of
the board to staggered terms not to exceed four years.
Members appointed thereafter shall serve two-year terms.
Members of the board shall be compensated in accordance
with RCW 43.03.250 and shall be reimbursed for their travel
expenses while on official business in accordance with RCW
43.03.050 and 43.03.060. The board shall prescribe rules for
the conduct of its business. The administrator shall serve as
chair of the board. Meetings of the board shall be at the call
of the chair. [1995 1st sp.s. c 6 § 4; 1994 c 36 § 1; 1993 c
492 § 217; 1989 c 324 § 1; 1988 c 107 § 7.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Effective date—1994 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
[Title 41 RCW—page 30]
government and its existing public institutions, and shall take effect
immediately [March 21, 1994]." [1994 c 36 § 2.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.065 Public employees’ benefits board—Duties.
(1) The board shall study all matters connected with the
provision of health care coverage, life insurance, liability
insurance, accidental death and dismemberment insurance,
and disability income insurance or any of, or a combination
of, the enumerated types of insurance for employees and
their dependents on the best basis possible with relation both
to the welfare of the employees and to the state. However,
liability insurance shall not be made available to dependents.
(2) The board shall develop employee benefit plans that
include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the
following elements:
(a) Methods of maximizing cost containment while
ensuring access to quality health care;
(b) Development of provider arrangements that encourage cost containment and ensure access to quality care,
including but not limited to prepaid delivery systems and
prospective payment methods;
(c) Wellness incentives that focus on proven strategies,
such as smoking cessation, injury and accident prevention,
reduction of alcohol misuse, appropriate weight reduction,
exercise, automobile and motorcycle safety, blood cholesterol
reduction, and nutrition education;
(d) Utilization review procedures including, but not
limited to a cost-efficient method for prior authorization of
services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and second opinions for
surgeries, review of invoices or claims submitted by service
providers, and performance audit of providers;
(e) Effective coordination of benefits;
(f) Minimum standards for insuring entities; and
(g) Minimum scope and content of public employee
benefit plans to be offered to enrollees participating in the
employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee
eligibility criteria related to the number of hours worked and
the benefits provided to employees shall be substantially
equivalent to the state employees’ health benefits plan and
eligibility criteria in effect on January 1, 1993. Nothing in
this subsection (2)(g) shall prohibit changes or increases in
employee point-of-service payments or employee premium
payments for benefits.
(3) The board shall design benefits and determine the
terms and conditions of employee participation and coverage,
including establishment of eligibility criteria. The same
terms and conditions of participation and coverage, including
eligibility criteria, shall apply to state employees and to
school district employees and educational service district employees.
(4) The board may authorize premium contributions for
an employee and the employee’s dependents in a manner
that encourages the use of cost-efficient managed health care
systems. The board shall require participating school district
and educational service district employees to pay the same
(2002 Ed.)
State Health Care Authority
employee premiums by plan and family size as state employees pay.
(5) Employees shall choose participation in one of the
health care benefit plans developed by the board and may be
permitted to waive coverage under terms and conditions
established by the board.
(6) The board shall review plans proposed by insuring
entities that desire to offer property insurance and/or accident
and casualty insurance to state employees through payroll
deduction. The board may approve any such plan for
payroll deduction by insuring entities holding a valid
certificate of authority in the state of Washington and which
the board determines to be in the best interests of employees
and the state. The board shall promulgate rules setting forth
criteria by which it shall evaluate the plans.
(7) Before January 1, 1998, the public employees’
benefits board shall make available one or more fully insured
long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made
available to eligible employees, retired employees, and
retired school employees as well as eligible dependents
which, for the purpose of this section, includes the parents
of the employee or retiree and the parents of the spouse of
the employee or retiree. Employees of local governments
and employees of political subdivisions not otherwise
enrolled in the public employees’ benefits board sponsored
medical programs may enroll under terms and conditions
established by the administrator, if it does not jeopardize the
financial viability of the public employees’ benefits board’s
long-term care offering.
(a) Participation of eligible employees or retired
employees and retired school employees in any long-term
care insurance plan made available by the public employees’
benefits board is voluntary and shall not be subject to
binding arbitration under chapter 41.56 RCW. Participation
is subject to reasonable underwriting guidelines and eligibility rules established by the public employees’ benefits board
and the health care authority.
(b) The employee, retired employee, and retired school
employee are solely responsible for the payment of the
premium rates developed by the health care authority. The
health care authority is authorized to charge a reasonable
administrative fee in addition to the premium charged by the
long-term care insurer, which shall include the health care
authority’s cost of administration, marketing, and consumer
education materials prepared by the health care authority and
the office of the insurance commissioner.
(c) To the extent administratively possible, the state
shall establish an automatic payroll or pension deduction
system for the payment of the long-term care insurance
premiums.
(d) The public employees’ benefits board and the health
care authority shall establish a technical advisory committee
to provide advice in the development of the benefit design
and establishment of underwriting guidelines and eligibility
rules. The committee shall also advise the board and
authority on effective and cost-effective ways to market and
distribute the long-term care product. The technical advisory
committee shall be comprised, at a minimum, of representatives of the office of the insurance commissioner,
providers of long-term care services, licensed insurance
agents with expertise in long-term care insurance, employees,
(2002 Ed.)
41.05.065
retired employees, retired school employees, and other
interested parties determined to be appropriate by the board.
(e) The health care authority shall offer employees,
retired employees, and retired school employees the option
of purchasing long-term care insurance through licensed
agents or brokers appointed by the long-term care insurer.
The authority, in consultation with the public employees’
benefits board, shall establish marketing procedures and may
consider all premium components as a part of the contract
negotiations with the long-term care insurer.
(f) In developing the long-term care insurance benefit
designs, the public employees’ benefits board shall include
an alternative plan of care benefit, including adult day
services, as approved by the office of the insurance commissioner.
(g) The health care authority, with the cooperation of
the office of the insurance commissioner, shall develop a
consumer education program for the eligible employees,
retired employees, and retired school employees designed to
provide education on the potential need for long-term care,
methods of financing long-term care, and the availability of
long-term care insurance products including the products
offered by the board.
(h) By December 1998, the health care authority, in
consultation with the public employees’ benefits board, shall
submit a report to the appropriate committees of the legislature, including an analysis of the marketing and distribution
of the long-term care insurance provided under this section.
[2002 c 142 § 3; 1996 c 140 § 1; 1995 1st sp.s. c 6 § 5;
1994 c 153 § 5. Prior: 1993 c 492 § 218; 1993 c 386 § 9;
1988 c 107 § 8.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note
following RCW 28A.400.391.
41.05.075 Employee benefit plans—Contracts with
insuring entities. (1) The administrator shall provide
benefit plans designed by the board through a contract or
contracts with insuring entities, through self-funding, selfinsurance, or other methods of providing insurance coverage
authorized by RCW 41.05.140.
(2) The administrator shall establish a contract bidding
process that:
(a) Encourages competition among insuring entities;
(b) Maintains an equitable relationship between premiums charged for similar benefits and between risk pools
including premiums charged for retired state and school
district employees under the separate risk pools established
by RCW 41.05.022 and 41.05.080 such that insuring entities
may not avoid risk when establishing the premium rates for
retirees eligible for medicare;
(c) Is timely to the state budgetary process; and
(d) Sets conditions for awarding contracts to any
insuring entity.
[Title 41 RCW—page 31]
41.05.075
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) The administrator shall establish a requirement for
review of utilization and financial data from participating
insuring entities on a quarterly basis.
(4) The administrator shall centralize the enrollment
files for all employee and retired or disabled school employee health plans offered under chapter 41.05 RCW and
develop enrollment demographics on a plan-specific basis.
(5) All claims data shall be the property of the state.
The administrator may require of any insuring entity that
submits a bid to contract for coverage all information
deemed necessary including subscriber or member demographic and claims data necessary for risk assessment and
adjustment calculations in order to fulfill the administrator’s
duties as set forth in this chapter.
(6) All contracts with insuring entities for the provision
of health care benefits shall provide that the beneficiaries of
such benefit plans may use on an equal participation basis
the services of practitioners licensed pursuant to chapters
18.22, 18.25, 18.32, 18.53, 18.57, 18.71, 18.74, 18.83, and
18.79 RCW, as it applies to registered nurses and advanced
registered nurse practitioners. However, nothing in this
subsection may preclude the administrator from establishing
appropriate utilization controls approved pursuant to RCW
41.05.065(2) (a), (b), and (d). [2002 c 142 § 4. Prior:
1994 sp.s. c 9 § 724; 1994 c 309 § 3; 1994 c 153 § 6; 1993
c 386 § 10; 1988 c 107 § 9.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note
following RCW 28A.400.391.
41.05.080 Participation in insurance plans and
contracts—Retired, disabled, or separated employees—
Certain surviving spouses and dependent children. (1)
Under the qualifications, terms, conditions, and benefits set
by the board:
(a) Retired or disabled state employees, retired or
disabled school employees, or employees of county, municipal, or other political subdivisions covered by this chapter
who are retired may continue their participation in insurance
plans and contracts after retirement or disablement;
(b) Separated employees may continue their participation in insurance plans and contracts if participation is
selected immediately upon separation from employment;
(c) Surviving spouses and dependent children of
emergency service personnel killed in the line of duty may
participate in insurance plans and contracts.
(2) Rates charged surviving spouses of emergency
service personnel killed in the line of duty, retired or
disabled employees, separated employees, spouses, or
dependent children who are not eligible for parts A and B of
medicare shall be based on the experience of the community
rated risk pool established under RCW 41.05.022.
(3) Rates charged to surviving spouses of emergency
service personnel killed in the line of duty, retired or
disabled employees, separated employees, spouses, or
children who are eligible for parts A and B of medicare shall
be calculated from a separate experience risk pool comprised
only of individuals eligible for parts A and B of medicare;
[Title 41 RCW—page 32]
however, the premiums charged to medicare-eligible retirees
and disabled employees shall be reduced by the amount of
the subsidy provided under RCW 41.05.085.
(4) Surviving spouses and dependent children of
emergency service personnel killed in the line of duty and
retired or disabled and separated employees shall be responsible for payment of premium rates developed by the authority which shall include the cost to the authority of providing
insurance coverage including any amounts necessary for
reserves and administration in accordance with this chapter.
These self pay rates will be established based on a separate
rate for the employee, the spouse, and the children.
(5) The term "retired state employees" for the purpose
of this section shall include but not be limited to members
of the legislature whether voluntarily or involuntarily leaving
state office. [2001 c 165 § 3; 1996 c 39 § 22; 1994 c 153
§ 7; 1993 c 386 § 11; 1977 ex.s. c 136 § 6; 1975-’76 2nd
ex.s. c 106 § 6; 1973 1st ex.s. c 147 § 7; 1970 ex.s. c 39 §
8.]
Effective date—Application—2001 c 165: See note following RCW
41.05.011.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Effective date—1993 c 386 §§ 3, 7, and 11: See note following
RCW 41.04.205.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—Conditions prerequisite to implementing sections—
1977 ex.s. c 136: See note following RCW 41.05.050.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
41.05.085 Retired or disabled school employee
health insurance subsidy. Beginning with the appropriations act for the 1995-1997 biennium, the legislature shall
establish as part of both the state employees’ and the school
and educational service district employees’ insurance benefit
allocation the portion of the allocation to be used to provide
a subsidy to reduce the health care insurance premiums
charged to retired or disabled school district and educational
service district employees, or retired state employees, who
are eligible for parts A and B of medicare. The amount of
any premium reduction shall be established by the board, but
shall not result in a premium reduction of more than fifty
percent. The board may also determine the amount of any
subsidy to be available to spouses and dependents. [1994 c
153 § 8.]
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
41.05.090 Continuation of coverage of employee,
spouse, or covered dependent ineligible under state
plan—Exceptions. (1) When an employee, spouse, or
covered dependent becomes ineligible under the state plan
and wishes to continue coverage on an individual basis with
the same provider under the state plan, such employee,
spouse, or covered dependent shall be entitled to immediately transfer and shall not be required to undergo any waiting
period before obtaining individual coverage.
(2002 Ed.)
State Health Care Authority
(2) Entitlement to a conversion contract under the terms
of this section shall not apply to any employee, spouse, or
covered dependent who is:
(a) Eligible for federal medicare coverage; or
(b) Covered under another group plan, policy, contract,
or agreement providing benefits for hospital or medical care.
(3) Entitlement to conversion under the terms of this
section shall not apply to any employee terminated for
misconduct, except that conversion shall be offered to the
spouse and covered dependents of the terminated employee.
[1990 c 222 § 5; 1979 c 125 § 3.]
41.05.100 Chapter not applicable to certain employees of Cooperative Extension Service. The provisions of
this chapter shall not be applicable to any employee of the
Washington State University Cooperative Extension Service
who holds a federal civil service appointment and is thereby
eligible for insurance coverage under the regulations of the
United States Department of Agriculture and the United
States Civil Service Commission, and which employee elects
participation in the federal programs in lieu of the programs
established pursuant to this chapter. Such election may be
made only once. [1979 ex.s. c 9 § 1.]
41.05.110 Chapter not applicable to officers and
employees of state convention and trade center. The
provisions of this chapter shall not be applicable to the
officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW. [1984 c 210 § 3.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
41.05.120 Public employees’ and retirees’ insurance
account. (1) The public employees’ and retirees’ insurance
account is hereby established in the custody of the state
treasurer, to be used by the administrator for the deposit of
contributions, the remittance paid by school districts and
educational service districts under *RCW 28A.400.400,
reserves, dividends, and refunds, and for payment of premiums for employee and retiree insurance benefit contracts and
subsidy amounts provided under RCW 41.05.085. Moneys
from the account shall be disbursed by the state treasurer by
warrants on vouchers duly authorized by the administrator.
(2) The state treasurer and the state investment board
may invest moneys in the public employees’ and retirees’
insurance account. All such investments shall be in accordance with RCW 43.84.080 or 43.84.150, whichever is
applicable. The administrator shall determine whether the
state treasurer or the state investment board or both shall
invest moneys in the public employees’ insurance account.
[1994 c 153 § 9; 1993 c 492 § 219; 1991 sp.s. c 13 § 100;
1988 c 107 § 10.]
*Reviser’s note: RCW 28A.400.400 was repealed by 1994 c 153 §
15, effective October 1, 1995.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
(2002 Ed.)
41.05.090
41.05.130 State health care authority administrative
account. The state health care authority administrative
account is hereby created in the state treasury. Moneys in
the account, including unanticipated revenues under RCW
43.79.270, may be spent only after appropriation by statute,
and may be used only for operating expenses of the authority. [1988 c 107 § 11.]
41.05.140 Payment of claims—Self-insurance—
Insurance reserve funds created. (1) Except for property
and casualty insurance, the authority may self-fund, selfinsure, or enter into other methods of providing insurance
coverage for insurance programs under its jurisdiction,
including the basic health plan as provided in chapter 70.47
RCW. The authority shall contract for payment of claims or
other administrative services for programs under its jurisdiction. If a program does not require the prepayment of
reserves, the authority shall establish such reserves within a
reasonable period of time for the payment of claims as are
normally required for that type of insurance under an insured
program. The authority shall endeavor to reimburse basic
health plan health care providers under this section at rates
similar to the average reimbursement rates offered by the
statewide benchmark plan determined through the request for
proposal process.
(2) Reserves established by the authority for employee
and retiree benefit programs shall be held in a separate trust
fund by the state treasurer and shall be known as the public
employees’ and retirees’ insurance reserve fund. The state
investment board shall act as the investor for the funds and,
except as provided in RCW 43.33A.160 and 43.84.160, one
hundred percent of all earnings from these investments shall
accrue directly to the public employees’ and retirees’
insurance reserve fund.
(3) Any savings realized as a result of a program
created for employees and retirees under this section shall
not be used to increase benefits unless such use is authorized
by statute.
(4) Reserves established by the authority to provide
insurance coverage for the basic health plan under chapter
70.47 RCW shall be held in a separate trust account in the
custody of the state treasurer and shall be known as the basic
health plan self-insurance reserve account. The state
investment board shall act as the investor for the funds as set
forth in RCW 43.33A.230 and, except as provided in RCW
43.33A.160 and 43.84.160, one hundred percent of all
earnings from these investments shall accrue directly to the
basic health plan self-insurance reserve account.
(5) Any program created under this section shall be
subject to the examination requirements of chapter 48.03
RCW as if the program were a domestic insurer. In conducting an examination, the commissioner shall determine
the adequacy of the reserves established for the program.
(6) The authority shall keep full and adequate accounts
and records of the assets, obligations, transactions, and
affairs of any program created under this section.
(7) The authority shall file a quarterly statement of the
financial condition, transactions, and affairs of any program
created under this section in a form and manner prescribed
by the insurance commissioner. The statement shall contain
information as required by the commissioner for the type of
[Title 41 RCW—page 33]
41.05.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
insurance being offered under the program. A copy of the
annual statement shall be filed with the speaker of the house
of representatives and the president of the senate. [2000 c
80 § 5; 2000 c 79 § 44; 1994 c 153 § 10. Prior: 1993 c
492 § 220; 1993 c 386 § 12; 1988 c 107 § 12.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note
following RCW 28A.400.391.
41.05.143 Uniform medical plan benefits administration account—Uniform dental plan benefits administration account. (1) The uniform medical plan benefits administration account is created in the custody of the state
treasurer. Moneys in the account shall be used exclusively
for contracted expenditures for uniform medical plan claims
administration, data analysis, utilization management, preferred provider administration, and activities related to
benefits administration where the level of services provided
pursuant to a contract fluctuate as a direct result of changes
in uniform medical plan enrollment. Moneys in the account
may also be used for administrative activities required to
respond to new and unforeseen conditions that impact the
uniform medical plan, but only when the authority and the
office of financial management jointly agree that such
activities must be initiated prior to the next legislative session.
(2) Receipts from amounts due from or on behalf of
uniform medical plan enrollees for expenditures related to
benefits administration, including moneys disbursed from the
public employees’ and retirees’ insurance account, shall be
deposited into the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but no
appropriation is required for expenditures. All proposals for
allotment increases shall be provided to the house of
representatives appropriations committee and to the senate
ways and means committee at the same time as they are
provided to the office of financial management.
(3) The uniform dental plan benefits administration
account is created in the custody of the state treasurer.
Moneys in the account shall be used exclusively for contracted expenditures related to benefits administration for the
uniform dental plan as established under RCW 41.05.140.
Receipts from amounts due from or on behalf of uniform
dental plan enrollees for expenditures related to benefits
administration, including moneys disbursed from the public
employees’ and retirees’ insurance account, shall be deposited into the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation
is required for expenditures. [2000 2nd sp.s. c 1 § 901.]
Severability—2000 2nd sp.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 2nd sp.s. c 1 § 1047.]
Effective date—2000 2nd sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
[Title 41 RCW—page 34]
the state government and its existing public institutions, and takes effect
immediately [May 2, 2000]." [2000 2nd sp.s. c 1 § 1048.]
41.05.150 Health care policy technical advisory
committee. (1) The administrator shall appoint a health care
policy technical advisory committee. Its function is to
advise the authority on effective approaches to cost control,
quality assurance, and access to health care.
(2) The committee shall be composed of persons who
have a demonstrated interest and expertise in one or more of
the following areas: Health care purchasing; health care
delivery; health administration; health care research and
analysis; and ethics of health care. Board members shall
include representatives of the following entities: Private
health care purchasers; health care providers; insurance
carriers; health care service contractors; health maintenance
organizations; state agencies that purchase health care; the
insurance commissioner; and health care consumers.
(3) The initial members of the committee shall be
appointed for intervals of one to three years. Thereafter, all
committee members shall serve a term of three years.
Committee members shall receive no compensation, but shall
be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060. [1988 c 107 § 14.]
41.05.160 Rules. The administrator may promulgate
and adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in
accordance with chapter 34.05 RCW. [1988 c 107 § 15.]
41.05.165 Rules—Insurance benefit reimbursement.
The authority shall adopt rules that provide for members of
the legislature who choose reimbursement under RCW
44.04.230 in lieu of insurance benefits under this chapter.
[1998 c 62 § 2.]
Effective date—1998 c 62: See note following RCW 44.04.230.
41.05.170 Neurodevelopmental therapies—
Employer-sponsored group contracts. (1) Each health
plan offered to public employees and their covered dependents under this chapter which is not subject to the provisions of Title 48 RCW and is established or renewed on or
after twelve months after July 23, 1989, shall include
coverage for neurodevelopmental therapies for covered
individuals age six and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be
payable only where the services have been delivered pursuant to the referral and periodic review of a holder of a
license issued pursuant to chapter 18.71 or 18.57 RCW or
where covered services have been rendered by such licensee.
Nothing in this section shall preclude a self-funded plan
authorized under this chapter from negotiating rates with
qualified providers.
(3) Benefits provided under this section shall be for
medically necessary services as determined by the selffunded plan authorized under this chapter. Benefits shall be
payable for services for the maintenance of a covered
individual in cases where significant deterioration in the
(2002 Ed.)
State Health Care Authority
patient’s condition would result without the service. Benefits
shall be payable to restore and improve function.
(4) It is the intent of this section that the state, as an
employer providing comprehensive health coverage including
the benefits required by this section, retains the authority to
design and employ utilization and cost controls. Therefore,
benefits delivered under this section may be subject to
contractual provisions regarding deductible amounts and/or
copayments established by the self-funded plan authorized
under this chapter. Benefits provided under this section may
be subject to standard waiting periods for preexisting
conditions, and may be subject to the submission of written
treatment plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the
total dollar benefits available, or may limit the number of
services delivered as established by the self-funded plan
authorized under this chapter. [1989 c 345 § 4.]
41.05.180 Mammograms—Insurance coverage.
Each health plan offered to public employees and their
covered dependents under this chapter that is not subject to
the provisions of Title 48 RCW and is established or
renewed after January 1, 1990, and that provides benefits for
hospital or medical care shall provide benefits for screening
or diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient’s
physician or advanced registered nurse practitioner as
authorized by the nursing care quality assurance commission
pursuant to chapter 18.79 RCW or physician assistant
pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the
application of standard health plan provisions applicable to
other benefits such as deductible or copayment provisions.
This section does not limit the authority of the state health
care authority to negotiate rates and contract with specific
providers for the delivery of mammography services. This
section shall not apply to medicare supplement policies or
supplemental contracts covering a specified disease or other
limited benefits. [1994 sp.s. c 9 § 725; 1989 c 338 § 5.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
41.05.183 General anesthesia services for dental
procedures—Public employee benefit plans. (1) Each
employee benefit plan offered to public employees that
provides coverage for hospital, medical, or ambulatory
surgery center services must cover general anesthesia services and related facility charges in conjunction with any
dental procedure performed in a hospital or ambulatory
surgical center if such anesthesia services and related facility
charges are medically necessary because the covered person:
(a) Is under the age of seven, or physically or developmentally disabled, with a dental condition that cannot be
safely and effectively treated in a dental office; or
(b) Has a medical condition that the person’s physician
determines would place the person at undue risk if the dental
procedure were performed in a dental office. The procedure
must be approved by the person’s physician.
(2002 Ed.)
41.05.170
(2) Each employee benefit plan offered to public
employees that provides coverage for dental services must
cover general anesthesia services in conjunction with any
covered dental procedure performed in a dental office if the
general anesthesia services are medically necessary because
the covered person is under the age of seven or physically or
developmentally disabled.
(3) This section does not prohibit an employee benefit
plan from:
(a) Applying cost-sharing requirements, maximum
annual benefit limitations, and prior authorization requirements to the services required under this section; or
(b) Covering only those services performed by a health
care provider, or in a health care facility, that is part of its
provider network; nor does it limit the authority in negotiating rates and contracts with specific providers.
(4) This section does not apply to medicare supplement
policies, or supplemental contracts covering a specified
disease or other limited benefits.
(5) For the purpose of this section, "general anesthesia
services" means services to induce a state of unconsciousness accompanied by a loss of protective reflexes, including
the ability to maintain an airway independently and respond
purposefully to physical stimulation or verbal command.
(6) This section applies to employee benefit plans issued
or renewed on or after January 1, 2002. [2001 c 321 § 1.]
41.05.185 Diabetes benefits—State-purchased health
care. The legislature finds that diabetes imposes a significant health risk and tremendous financial burden on the
citizens and government of the state of Washington, and that
access to the medically accepted standards of care for
diabetes, its treatment and supplies, and self-management
training and education is crucial to prevent or delay the short
and long-term complications of diabetes and its attendant
costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes,
noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All state-purchased health care purchased or renewed
after January 1, 1998, except the basic health plan described
in chapter 70.47 RCW, shall provide benefits for at least the
following services and supplies for persons with diabetes:
(a) For state-purchased health care that includes coverage for pharmacy services, appropriate and medically
necessary equipment and supplies, as prescribed by a health
care provider, that includes but is not limited to insulin,
syringes, injection aids, blood glucose monitors, test strips
for blood glucose monitors, visual reading and urine test
strips, insulin pumps and accessories to the pumps, insulin
infusion devices, prescriptive oral agents for controlling
blood sugar levels, foot care appliances for prevention of
complications associated with diabetes, and glucagon
emergency kits; and
(b) For all state-purchased health care, outpatient selfmanagement training and education, including medical
[Title 41 RCW—page 35]
41.05.185
Title 41 RCW: Public Employment, Civil Service, and Pensions
nutrition therapy, as ordered by the health care provider.
Diabetes outpatient self-management training and education
may be provided only by health care providers with expertise
in diabetes. Nothing in this section prevents any state
agency purchasing health care according to this section from
restricting patients to seeing only health care providers who
have signed participating provider agreements with that state
agency or an insuring entity under contract with that state
agency.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director,
or his or her designee, subject to any referral and formulary
requirements. [1997 c 276 § 1.]
Effective date—1997 c 276: "This act takes effect January 1, 1998."
[1997 c 276 § 6.]
41.05.190 Medicare supplemental insurance plan.
The administrator, in consultation with the public employees’
benefits board, shall design a self-insured medicare supplemental insurance plan for retired and disabled employees
eligible for medicare. For the purpose of determining the
appropriate scope of the self-funded medicare supplemental
plan, the administrator shall consider the differences in the
scope of health services available under the uniform benefits
package and the medicare program. [1998 c 245 § 37; 1993
c 492 § 221.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.195 Medicare supplemental insurance policies.
Notwithstanding any other provisions of this title or rules or
procedures adopted by the authority, the authority shall make
available to retired or disabled employees who are eligible
for medicare at least two medicare supplemental insurance
policies that conform to the requirements of chapter 48.66
RCW. One policy shall include coverage for prescription
drugs. The policies shall be chosen in consultation with the
public employees’ benefits board. These policies shall be
made available to retired or disabled employees, or employees of county, municipal, or other political subdivisions
eligible for coverage available under the authority. All
offerings shall be made available not later than January 1,
1994. [1993 c 492 § 222.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.197 Medicare supplemental insurance policies—January 1995 federal waiver threshold. If a waiver
of the medicare statute, Title XVIII of the federal social
security act, sufficient to meet the requirements of chapter
492, Laws of 1993 is not granted on or before January 1,
1995, the medicare supplemental insurance policies authorized under RCW 41.05.195 shall be made available to any
[Title 41 RCW—page 36]
resident of the state eligible for medicare benefits. Except
for those retired state or school district employees eligible to
purchase medicare supplemental benefits through the
authority, persons purchasing a medicare supplemental
insurance policy under this section shall be required to pay
the full cost of any such policy. [1993 c 492 § 223.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.220 Community and migrant health centers—
Maternity health care centers—People of color—
Underserved populations. (1) State general funds appropriated to the department of health for the purposes of funding
community health centers to provide primary health and
dental care services, migrant health services, and maternity
health care services shall be transferred to the state health
care authority. Any related administrative funds expended
by the department of health for this purpose shall also be
transferred to the health care authority. The health care
authority shall exclusively expend these funds through
contracts with community health centers to provide primary
health and dental care services, migrant health services, and
maternity health care services. The administrator of the
health care authority shall establish requirements necessary
to assure community health centers provide quality health
care services that are appropriate and effective and are
delivered in a cost-efficient manner. The administrator shall
further assure that community health centers have appropriate referral arrangements for acute care and medical specialty
services not provided by the community health centers.
(2) The authority, in consultation with the department of
health, shall work with community and migrant health clinics
and other providers of care to underserved populations, to
ensure that the number of people of color and underserved
people receiving access to managed care is expanded in
proportion to need, based upon demographic data. [1998 c
245 § 38; 1993 c 492 § 232.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.225 Blind licensees in the business enterprises
program—Plan of health insurance. (1) The board shall
offer a plan of health insurance to blind licensees who are
actively operating facilities and participating in the business
enterprises program established in RCW 74.18.200 through
74.18.230, and maintained by the department of services for
the blind. The plan of health insurance benefits must be the
same or substantially similar to the plan of health insurance
benefits offered to state employees under this chapter.
Enrollment will be at the option of each individual licensee
or vendor, under rules established by the board.
(2) All costs incurred by the state or the board for
providing health insurance coverage to active blind vendors,
excluding family participation, under subsection (1) of this
section may be paid for from net proceeds from vending
machine operations in public buildings under RCW
74.18.230.
(2002 Ed.)
State Health Care Authority
(3) Money from the business enterprises program under
the federal Randolph-Sheppard Act may not be used for
family participation in the health insurance benefits provided
under this section. Family insurance benefits are the sole
responsibility of the individual blind vendors. [2002 c 71 §
1.]
41.05.230 Multicultural health care technical
assistance program. (1) Consistent with funds appropriated
specifically for this purpose, the authority shall provide
matching grants to support community-based multicultural
health care technical assistance programs. The purpose of
the programs shall be to promote technical assistance
through community and migrant health clinics and other
appropriate health care providers who serve underserved
populations and persons of color.
The technical assistance provided shall include, but is
not limited to: (a) Collaborative research and data analysis
on health care outcomes that disproportionately affect
persons of color; (b) design and development of model
health education and promotion strategies aimed at modifying unhealthy health behaviors or enhancing the use of the
health care delivery system by persons of color; (c) provision
of technical information and assistance on program planning
and financial management; (d) administration, public policy
development, and analysis in health care issues affecting
people of color; and (e) enhancement and promotion of
health care career opportunities for persons of color.
(2) Consistent with appropriated funds, the programs
shall be available on a statewide basis. [1993 c 492 § 272.]
Finding—1993 c 492: See note following RCW 28B.125.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
41.05.240 American Indian health care delivery
plan. [1993 c 492 § 468.] Recodified as RCW 43.70.590
pursuant to 1995 c 43 § 5; and also repealed by 1995 1st
sp.s. c 6 § 9.
Reviser’s note: RCW 41.05.240 was recodified as RCW 43.70.590
pursuant to 1995 c 43 § 5 and amended by 1995 c 43 § 4, without
cognizance of its repeal by 1995 1st sp.s. c 6 § 9. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
41.05.280 Department of corrections—Inmate
health care. The department of corrections shall consult
with the state health care authority to identify how the department of corrections shall develop a working plan to
correspond to the health care reform measures that require
all departments to place all state purchased health services in
a community-rated, single risk pool under the direct administrative authority of the state purchasing agent by July 1,
1997. [1998 c 245 § 39; 1993 c 504 § 3.]
Findings—1993 c 504: "The legislature finds that Washington state
government purchases approximately one-fourth of all the health care
statewide. In addition to this huge expenditure, the state also faces health
care inflation rates, far exceeding the growth rate of the economy as a
whole and the general inflationary rate. Together these factors are straining
state resources beyond our capability to pay.
The legislature finds that the department of corrections is responsible
for providing health care to a large and growing number of offenders. It is
(2002 Ed.)
41.05.225
also facing rapidly escalating medical, dental, and mental health care
expenditures. As a result of this, the department must review its entire
inmate health care system and take steps to reduce health care expenditures.
The legislature further finds that efforts to achieve statewide health
care reform should also include the department of correction’s health care
facilities. In this light, the department must develop an appropriate plan that
will correspond to the changing health care environment." [1993 c 504 §
1.]
Effective date—1993 c 504: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 18, 1993]." [1993 c 504 § 4.]
41.05.300 Benefits contribution plan—Authorized.
(1) The state of Washington may enter into benefits contribution plans with employees of the state pursuant to the
internal revenue code, 26 U.S.C. Sec. 125, for the purpose
of making it possible for employees of the state to select on
a "before-tax basis" certain taxable and nontaxable benefits
pursuant to 26 U.S.C. Sec. 125. The purpose of the benefits
contribution plan established in this chapter is to attract and
retain individuals in governmental service by permitting
them to enter into agreements with the state to provide for
benefits pursuant to 26 U.S.C. Sec. 125 and other applicable
sections of the internal revenue code.
(2) Nothing in the benefits contribution plan constitutes
an employment agreement between the participant and the
state, and nothing contained in the participant’s benefits
contribution agreement, the plan, this section, or RCW
41.05.310 through 41.05.360 gives a participant any right to
be retained in state employment. [1995 1st sp.s. c 6 § 11.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.310 Benefits contribution plan—Policies and
procedures—Plan document. The authority shall have
responsibility for the formulation and adoption of a plan,
policies, and procedures designed to guide, direct, and
administer the benefits contribution plan. For the plan year
beginning January 1, 1996, the administrator may establish
a premium only contribution plan. Expansion of the benefits
contribution plan to a medical flexible spending arrangement
or cafeteria plan during subsequent plan years shall be
subject to approval by the director of the office of financial
management.
(1) A plan document describing the benefits contribution
plan shall be adopted and administered by the authority. The
authority shall represent the state in all matters concerning
the administration of the plan. The state, through the
authority, may engage the services of a professional consultant or administrator on a contractual basis to serve as an
agent to assist the authority or perform the administrative
functions necessary in carrying out the purposes of RCW
41.05.300 through 41.05.350.
(2) The authority shall formulate and establish policies
and procedures for the administration of the benefits contribution plan that are consistent with existing state law, the
internal revenue code, and the regulations adopted by the
internal revenue service as they may apply to the benefits
offered to participants under the plan.
(3) Every action taken by the authority in administering
RCW 41.05.300 through 41.05.350 shall be presumed to be
a fair and reasonable exercise of the authority vested in or
[Title 41 RCW—page 37]
41.05.310
Title 41 RCW: Public Employment, Civil Service, and Pensions
the duties imposed upon it. The authority shall be presumed
to have exercised reasonable care, diligence, and prudence
and to have acted impartially as to all persons interested
unless the contrary be proved by clear and convincing
affirmative evidence. [1995 1st sp.s. c 6 § 12.]
41.05.330 Benefits contribution plan—Accounts and
records. The authority shall keep or cause to be kept full
and adequate accounts and records of the assets, obligations,
transactions, and affairs of a benefits contribution plan
created under RCW 41.05.300. [1995 1st sp.s. c 6 § 14.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.320 Benefits contribution plan—Eligibility—
Participation, withdrawal. (1) Elected officials and all
permanent employees of the state are eligible to participate
in the benefits contribution plan and contribute amount(s) by
agreement with the authority. The authority may adopt rules
to permit participation in the plan by temporary employees
of the state.
(2) Persons eligible under subsection (1) of this section
may enter into benefits contribution agreements with the
state.
(3)(a) In the initial year of the medical flexible spending
arrangement or cafeteria plan, if authorized, an eligible
person may become a participant after the adoption of the
plan and before its effective date by agreeing to have a
portion of his or her gross salary contributed and deposited
into a health care and other benefits account to be used for
reimbursement of expenses covered by the plan.
(b) After the initial year of the medical flexible spending arrangement or cafeteria plan, if authorized, an eligible
person may become a participant for a full plan year, with
annual benefit selection for each new plan year made before
the beginning of the plan year, as determined by the authority, or upon becoming eligible.
(c) Once an eligible person elects to participate and the
amount of gross salary that he or she shall contribute and the
benefit for which the funds are to be used during the plan
year is determined, the agreement shall be irrevocable and
may not be amended during the plan year except as provided
in (d) of this subsection. Prior to making an election to
participate in the benefit[s] contribution plan, the eligible
person shall be informed in writing of all the benefits and
contributions that will occur as a result of such election.
(d) The authority shall provide in the benefits contribution plan that a participant may enroll, terminate, or change
his or her election after the plan year has begun if there is a
significant change in a participant’s status, as provided by 26
U.S.C. Sec. 125 and the regulations adopted under that
section and defined by the authority.
(4) The authority shall establish as part of the benefits
contribution plan the procedures for and effect of withdrawal
from the plan by reason of retirement, death, leave of
absence, or termination of employment. To the extent
possible under federal law, the authority shall protect participants from forfeiture of rights under the plan.
(5) Any contribution under the benefits contribution plan
shall continue to be included as reportable compensation for
the purpose of computing the state retirement and pension
benefits earned by the employee pursuant to chapters 41.26,
41.32, 41.40, and 43.43 RCW. [1995 1st sp.s. c 6 § 13.]
41.05.340
Benefits contribution plan—
Termination—Amendment. (1) The state may terminate
the benefits contribution plan at the end of the plan year or
upon notification of federal action affecting the status of the
plan.
(2) The authority may amend the benefits contribution
plan at any time if the amendment does not affect the rights
of the participants to receive eligible reimbursement from the
participants’ benefits contribution accounts. [1995 1st sp.s.
c 6 § 15.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
[Title 41 RCW—page 38]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.350 Benefits contribution plan—Rules. The
authority shall adopt rules necessary to implement RCW
41.05.300 through 41.05.340. [1995 1st sp.s. c 6 § 16.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.360 Benefits contribution plan—Construction.
RCW 41.05.300 through 41.05.350 shall be construed to
effectuate the purposes of 26 U.S.C. Sec. 125 and other
applicable sections of the internal revenue code as required.
[1995 1st sp.s. c 6 § 17.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.400 Plan of health care coverage—Available
funds—Components—Eligibility—Administrator’s duties.
(1) The administrator shall design and offer a plan of health
care coverage as described in subsection (2) of this section,
for any person eligible under subsection (3) of this section.
The health care coverage shall be designed and offered only
to the extent that state funds are specifically appropriated for
this purpose.
(2) The plan of health care coverage shall have the
following components:
(a) Services covered more limited in scope than those
contained in RCW 48.41.110(3);
(b) Enrollee cost-sharing that may include but not be
limited to point-of-service cost-sharing for covered services;
(c) Deductibles of three thousand dollars on a per
person per calendar year basis, and four thousand dollars on
a per family per calendar year basis. The deductible shall be
applied to the first three thousand dollars, or four thousand
dollars, of eligible expenses incurred by the covered person
or family, respectively, except that the deductible shall not
be applied to clinical preventive services as recommended by
the United States public health service. Enrollee out-ofpocket expenses required to be paid under the plan for costsharing and deductibles shall not exceed five thousand
dollars per person, or six thousand dollars per family;
(2002 Ed.)
State Health Care Authority
(d) Payment methodologies for network providers may
include but are not limited to resource-based relative value
fee schedules, capitation payments, diagnostic related group
fee schedules, and other similar strategies including risksharing arrangements; and
(e) Other appropriate care management and costcontainment measures determined appropriate by the administrator, including but not limited to care coordination,
provider network limitations, preadmission certification, and
utilization review.
(3) Any person is eligible for coverage in the plan who
resides in a county of the state where no carrier, as defined
in RCW 48.43.005, or insurer regulated under chapter 48.15
RCW offers to the public an individual health benefit plan
as defined in RCW 48.43.005 other than a catastrophic
health plan as defined in RCW 48.43.005 at the time of
application to the administrator. Such eligibility may
terminate pursuant to subsection (8) of this section.
(4) The administrator may not reject an individual for
coverage based upon preexisting conditions of the individual
or deny, exclude, or otherwise limit coverage for an
individual’s preexisting health conditions; except that it shall
impose a nine-month benefit waiting period for preexisting
conditions for which medical advice was given, or for which
a health care provider recommended or provided treatment,
or for which a prudent layperson would have sought advice
or treatment, within six months before the effective date of
coverage. The preexisting condition waiting period shall not
apply to prenatal care services. Credit against the waiting
period shall be provided pursuant to subsections (5) and (6)
of this section.
(5) Except for persons to whom subsection (6) of this
section applies, the administrator shall credit any preexisting
condition waiting period in the plan for a person who was
enrolled at any time during the sixty-three day period
immediately preceding the date of application for the plan in
a group health benefit plan or an individual health benefit
plan other than a catastrophic health plan. The administrator
must credit the period of coverage the person was continuously covered under the immediately preceding health
plan toward the waiting period of the new health plan. For
the purposes of this subsection, a preceding health plan
includes an employer-provided self-funded health plan.
(6) The administrator shall waive any preexisting
condition waiting period in the plan for a person who is an
eligible individual as defined in section 2741(b) of the
federal health insurance portability and accountability act of
1996 (42 U.S.C. 300gg-41(b)).
(7) The administrator shall set the rates to be charged
plan enrollees.
(8) When a carrier, as defined in RCW 48.43.005, or an
insurer regulated under chapter 48.15 RCW, begins to offer
an individual health benefit plan as defined in RCW
48.43.005 in a county where no carrier or insurer had been
offering an individual health benefit plan:
(a) If the health benefit plan offered is other than a
catastrophic health plan as defined in RCW 48.43.005, any
person enrolled in the plan under subsection (3) of this
section in that county shall no longer be eligible;
(b) The administrator shall provide written notice to any
person who is no longer eligible for coverage under the plan
within thirty days of the administrator’s determination that
(2002 Ed.)
41.05.400
the person is no longer eligible. The notice shall: (i)
Indicate that coverage under the plan will cease ninety days
from the date that the notice is dated; (ii) describe any other
coverage options available to the person; and (iii) describe
the enrollment process for the available options. [2000 c 80
§ 7; 2000 c 79 § 46.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
41.05.900 Short title. This chapter shall be known as
the Washington state health care reform act of 1988. [1988
c 107 § 1.]
41.05.901 Implementation—Effective dates—1988
c 107. (1) The state health care authority shall be established and shall take such steps as are necessary to ensure
that this act is fully implemented on October 1, 1988.
There is hereby appropriated for the biennium ending
June 30, 1989, the sum of one million three hundred
thousand dollars, or as much thereof as is necessary, to the
office of the governor from the state employees’ insurance
administrative account, for the purposes of implementing this
subsection.
(2) Subsection (1) of this section, RCW 48.14.027 and
82.04.4331, and sections 13 and 31, chapter 107, Laws of
1988 are necessary for the immediate preservation of the
public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect March 16, 1988.
(3) The remainder of this act shall take effect on
October 1, 1988. [1988 c 107 § 36.]
Chapter 41.06
STATE CIVIL SERVICE LAW
Sections
41.06.010
41.06.020
41.06.022
41.06.030
41.06.040
41.06.070
41.06.071
41.06.072
41.06.073
41.06.074
41.06.075
41.06.076
41.06.077
41.06.079
41.06.080
41.06.082
41.06.083
Declaration of purpose.
Definitions.
"Manager"—Definition.
Department of personnel established.
Scope of chapter.
Exemptions—Right of reversion to civil service status—
Exception.
Department of corrections—Certain personnel exempted
from chapter.
Department of community, trade, and economic development—Certain personnel exempted from chapter.
Department of ecology—Certain personnel exempted from
chapter.
Department of health—Certain personnel exempted from
chapter.
Office of financial management—Certain personnel exempted from chapter.
Department of social and health services—Certain personnel
exempted from chapter.
Department of veterans affairs—Certain personnel exempted
from chapter.
Department of transportation—Certain personnel exempted
from chapter.
Department of personnel’s services available on request to
certain governmental entities—Reimbursement.
Office of minority and women’s business enterprises—
Certain personnel exempted from chapter.
Law revision commission—Personnel exempted from chapter.
[Title 41 RCW—page 39]
Chapter 41.06
41.06.084
41.06.085
41.06.086
41.06.087
41.06.088
41.06.093
41.06.094
41.06.110
41.06.111
41.06.120
41.06.130
41.06.133
41.06.136
41.06.139
41.06.140
41.06.142
41.06.150
41.06.150
41.06.152
41.06.155
41.06.160
41.06.167
41.06.169
41.06.170
41.06.176
41.06.186
41.06.196
41.06.220
41.06.250
41.06.260
41.06.270
41.06.280
41.06.285
41.06.290
41.06.340
41.06.350
41.06.380
41.06.382
Title 41 RCW: Public Employment, Civil Service, and Pensions
Department of agriculture—Certain personnel exempted
from chapter.
World fair commission—Certain personnel exempted from
chapter.
Washington state school directors’ association—Certain
personnel exempted from chapter.
Economic and revenue forecast supervisor and staff—
Caseload forecast supervisor and staff—Exempted from
chapter.
State internship program—Positions exempt from chapter.
Washington state patrol—Certain personnel exempted from
chapter.
Department of information services—Certain personnel exempted from chapter.
Washington personnel resources board—Created—Term—
Qualifications, conditions—Compensation, travel expenses—Officers, quorum, records.
Personnel appeals board abolished—Powers, duties, and
functions transferred to the Washington personnel resources board.
Meetings of board—Hearings authorized, notice—Majority
to approve release of findings—Administration of oaths.
Director of personnel—Appointment—Rules—Powers and
duties—Delegation of authority.
Rules of director—Mandatory subjects—Personnel administration.
Board review of rules affecting classified service—Rules to
be developed—Goals.
Classification system for classified service—Director implements—Rules of the board—Appeals.
Employee participation in policy and rule making, administration, etc.—Publication of board rules.
Purchasing services by contract—Effect on employees in the
classified service—Criteria to be met—Bidding—
Definitions.
Rules of board—Mandatory subjects—Personnel administration.
Rules of director—Mandatory subjects—Personnel administration (as amended by 2002 c 354).
Job classification revisions, class studies, salary adjustments—Limitations.
Salaries—Implementation of changes to achieve comparable
worth.
Classification and salary schedules to consider rates in other
public and private employment—Wage and fringe benefits surveys—Limited public disclosure exemption.
Compensation surveys required for officers and officer candidates of the Washington state patrol—Limited public
disclosure exemption.
Employee performance evaluations—Standardized procedures and forms required to be developed.
Suspension, dismissal, demotion of employee—Appeal to
personnel appeals board.
Employee performance evaluations—Written notification of
deficiencies.
Employee performance evaluations—Termination of employment—Rules.
Employee performance evaluations—Termination of supervisors tolerating deficient employees.
Reemployment list—Reinstatement after appeal, guaranteed
rights and benefits.
Political activities.
Conflict with federal requirements—Effect—Rules to conform chapter.
Salary withheld unless employment is in accord with chapter—Certification of payrolls, procedures.
Department of personnel service fund—Created—Charges to
agencies, payment—Use, disbursement.
Higher education personnel service fund.
Personnel subject to chapter 47.64 RCW not affected.
Determination of appropriate bargaining units—Unfair labor
practices provisions applicable to chapter.
Acceptance of federal funds authorized.
Purchasing services by contract not prohibited—Limitations.
Purchasing services by contract not prohibited—Limitations.
[Title 41 RCW—page 40]
41.06.400
Training and career development programs—Powers and
duties of director.
41.06.410 Training and career development programs—Agency plan—
Report—Budget.
41.06.420 Entry-level management training course—Requirements—
Suspension—Waiver—Designation of supervisory or
management positions.
41.06.450 Destruction or retention of information relating to employee
misconduct.
41.06.455 Destruction of employee records authorized if consistent
with other laws.
41.06.460 Application of RCW 41.06.450 and 41.06.455 to classified
and exempt employees.
41.06.475 State employment in the supervision, care, or treatment of
children or developmentally disabled persons—Rules on
background investigation.
41.06.476 Background investigation rules—Updating.
41.06.480 Background check disqualification—Policy recommendations.
41.06.490 State employee return-to-work program.
41.06.500 Managers—Rules—Goals.
41.06.510 Institutions of higher education—Designation of personnel
officer.
41.06.520 Administration, management of institutions of higher education—Rules—Audit and review by board.
41.06.530 Personnel resource and management policy—
Implementation.
41.06.540 Joint employee-management committees.
41.06.900 Short title.
41.06.910 Severability—1961 c 1.
41.06.911 Severability—1975-’76 2nd ex.s. c 43.
Qualifications for persons assessing real property—Examination: RCW
36.21.015.
Sexual misconduct by state employees: RCW 13.40.570 and 72.09.225.
41.06.010 Declaration of purpose. The general
purpose of this chapter is to establish for the state a system
of personnel administration based on merit principles and
scientific methods governing the appointment, promotion,
transfer, layoff, recruitment, retention, classification and pay
plan, removal, discipline, training and career development,
and welfare of its civil employees, and other incidents of
state employment. All appointments and promotions to
positions, and retention therein, in the state service, shall be
made on the basis of policies hereinafter specified. [1980 c
118 § 1; 1961 c 1 § 1 (Initiative Measure No. 207, approved
November 8, 1960).]
Severability—1980 c 118: "If any provision of this 1980 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1980 c 118 § 10.]
41.06.020 Definitions. Unless the context clearly indicates otherwise, the words used in this chapter have the
meaning given in this section.
(1) "Agency" means an office, department, board,
commission, or other separate unit or division, however
designated, of the state government and all personnel thereof;
it includes any unit of state government established by law,
the executive officer or members of which are either elected
or appointed, upon which the statutes confer powers and
impose duties in connection with operations of either a
governmental or proprietary nature.
(2) "Board" means the Washington personnel resources
board established under the provisions of RCW 41.06.110,
except that this definition does not apply to the words
"board" or "boards" when used in RCW 41.06.070.
(2002 Ed.)
State Civil Service Law
(3) "Classified service" means all positions in the state
service subject to the provisions of this chapter.
(4) "Competitive service" means all positions in the
classified service for which a competitive examination is
required as a condition precedent to appointment.
(5) "Comparable worth" means the provision of similar
salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.
(6) "Noncompetitive service" means all positions in the
classified service for which a competitive examination is not
required.
(7) "Department" means an agency of government that
has as its governing officer a person, or combination of
persons such as a commission, board, or council, by law
empowered to operate the agency responsible either to (a) no
other public officer or (b) the governor.
(8) "Career development" means the progressive
development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both
state-sponsored and are achieved by individual employee
efforts, all of which shall be consistent with the needs and
obligations of the state and its agencies.
(9) "Training" means activities designed to develop jobrelated knowledge and skills of employees.
(10) "Director" means the director of personnel appointed under the provisions of RCW 41.06.130.
(11) "Affirmative action" means a procedure by which
racial minorities, women, persons in the protected age
category, persons with disabilities, Vietnam-era veterans, and
disabled veterans are provided with increased employment
opportunities. It shall not mean any sort of quota system.
(12) "Institutions of higher education" means the
University of Washington, Washington State University,
Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State
College, and the various state community colleges.
(13) "Related boards" means the state board for community and technical colleges; and such other boards, councils,
and commissions related to higher education as may be
established. [1993 c 281 § 19. Prior: 1985 c 461 § 1; 1985
c 365 § 3; 1983 1st ex.s. c 75 § 4; 1982 1st ex.s. c 53 § 1;
1980 c 118 § 2; 1970 ex.s. c 12 § 1; prior: 1969 ex.s. c 36
§ 21; 1969 c 45 § 6; 1967 ex.s. c 8 § 48; 1961 c 1 § 2
(Initiative Measure No. 207, approved November 8, 1960).]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 461 § 17.]
Severability—1982 1st ex.s. c 53: "If any provision of this
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1982 1st ex.s. c 53 § 32.]
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.022 "Manager"—Definition. For purposes of
this chapter, "manager" means any employee who:
(1) Formulates statewide policy or directs the work of
an agency or agency subdivision;
(2002 Ed.)
41.06.020
(2) Is responsible to administer one or more statewide
policies or programs of an agency or agency subdivision;
(3) Manages, administers, and controls a local branch
office of an agency or agency subdivision, including the
physical, financial, or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the
preparation and administration of budgets; or
(5) Functionally is above the first level of supervision
and exercises authority that is not merely routine or clerical
in nature and requires the consistent use of independent
judgment.
No employee who is a member of the Washington
management service may be included in a collective bargaining unit established under RCW 41.80.001 and 41.80.010
through 41.80.130. [2002 c 354 § 207; 1993 c 281 § 8.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: "Sections 1 through 66 and 68 through
71 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect July 1, 1993." [1993 c 281 § 74.]
41.06.030 Department of personnel established. A
department of personnel is hereby established as a separate
agency within the state government. [2002 c 354 § 201;
1993 c 281 § 20; 1961 c 1 § 3 (Initiative Measure No. 207,
approved November 8, 1960).]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.040 Scope of chapter. The provisions of this
chapter apply to:
(1) Each board, commission or other multimember body,
including, but not limited to, those consisting in whole or in
part of elective officers;
(2) Each agency, and each employee and position
therein, not expressly excluded or exempted under the
provisions of RCW 41.06.070. [1969 ex.s. c 36 § 22; 1961
c 1 § 4 (Initiative Measure No. 207, approved November 8,
1960).]
41.06.070 Exemptions—Right of reversion to civil
service status—Exception. (1) The provisions of this
chapter do not apply to:
(a) The members of the legislature or to any employee
of, or position in, the legislative branch of the state government including members, officers, and employees of the
legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of
the legislature;
(b) The justices of the supreme court, judges of the
court of appeals, judges of the superior courts or of the
inferior courts, or to any employee of, or position in the
judicial branch of state government;
(c) Officers, academic personnel, and employees of
technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
[Title 41 RCW—page 41]
41.06.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
(g) In the departments of employment security and
social and health services, the director and the director’s
confidential secretary; in all other departments, the executive
head of which is an individual appointed by the governor,
the director, his or her confidential secretary, and his or her
statutory assistant directors;
(h) In the case of a multimember board, commission, or
committee, whether the members thereof are elected,
appointed by the governor or other authority, serve ex
officio, or are otherwise chosen:
(i) All members of such boards, commissions, or
committees;
(ii) If the members of the board, commission, or
committee serve on a part-time basis and there is a statutory
executive officer: The secretary of the board, commission,
or committee; the chief executive officer of the board,
commission, or committee; and the confidential secretary of
the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or
committee serve on a full-time basis: The chief executive
officer or administrative officer as designated by the board,
commission, or committee; and a confidential secretary to
the chair of the board, commission, or committee;
(iv) If all members of the board, commission, or
committee serve ex officio: The chief executive officer; and
the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative
assistants in the immediate offices of the elective officers of
the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military
service of the state;
(l) Inmate, student, part-time, or temporary employees,
and part-time professional consultants, as defined by the
Washington personnel resources board;
(m) The public printer or to any employees of or
positions in the state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the *Washington state
apple advertising commission;
(p) Officers and employees of the Washington state
dairy products commission;
(q) Officers and employees of the Washington tree fruit
research commission;
(r) Officers and employees of the Washington state beef
commission;
(s) Officers and employees of any commission formed
under chapter 15.66 RCW;
(t) Officers and employees of agricultural commissions
formed under chapter 15.65 RCW;
(u) Officers and employees of the nonprofit corporation
formed under chapter 67.40 RCW;
(v) Executive assistants for personnel administration and
labor relations in all state agencies employing such executive
assistants including but not limited to all departments,
offices, commissions, committees, boards, or other bodies
subject to the provisions of this chapter and this subsection
shall prevail over any provision of law inconsistent herewith
unless specific exception is made in such law;
[Title 41 RCW—page 42]
(w) In each agency with fifty or more employees:
Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who
report directly to the agency head or deputy agency heads;
(x) All employees of the marine employees’ commission;
(y) Staff employed by the department of community,
trade, and economic development to administer energy policy
functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);
(z) Staff employed by Washington State University to
administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in
RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of institutions of higher education and related boards are
hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution
of higher education and related boards, all presidents, vicepresidents, and their confidential secretaries, administrative,
and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or
academic divisions employed by institutions of higher
education; principal assistants to executive heads of major
administrative or academic divisions; other managerial or
professional employees in an institution or related board
having substantial responsibility for directing or controlling
program operations and accountable for allocation of resources and program results, or for the formulation of
institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public
information, development, senior computer systems and
network programming, or internal audits and investigations;
and any employee of a community college district whose
place of work is one which is physically located outside the
state of Washington and who is employed pursuant to RCW
28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) The governing board of each institution, and related
boards, may also exempt from this chapter classifications
involving research activities, counseling of students, extension or continuing education activities, graphic arts or
publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be
exempted by the board under this provision;
(c) Printing craft employees in the department of
printing at the University of Washington.
(3) In addition to the exemptions specifically provided
by this chapter, the director of personnel may provide for
further exemptions pursuant to the following procedures.
The governor or other appropriate elected official may
submit requests for exemption to the director of personnel
stating the reasons for requesting such exemptions. The
director of personnel shall hold a public hearing, after proper
notice, on requests submitted pursuant to this subsection. If
the director determines that the position for which exemption
is requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one
involving directing and controlling program operations of an
agency or a major administrative division thereof, the
(2002 Ed.)
State Civil Service Law
director of personnel shall grant the request and such
determination shall be final as to any decision made before
July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent
of the number of employees in the classified service not including employees of institutions of higher education and
related boards for those agencies not directly under the
authority of any elected public official other than the
governor, and shall not exceed a total of twenty-five for all
agencies under the authority of elected public officials other
than the governor.
The salary and fringe benefits of all positions presently
or hereafter exempted except for the chief executive officer
of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in
the immediate office of an elected state official, and the
personnel listed in subsections (1)(j) through (u) and (x) and
(2) of this section, shall be determined by the director of
personnel. Changes to the classification plan affecting
exempt salaries must meet the same provisions for classified
salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.
Any person holding a classified position subject to the
provisions of this chapter shall, when and if such position is
subsequently exempted from the application of this chapter,
be afforded the following rights: If such person previously
held permanent status in another classified position, such
person shall have a right of reversion to the highest class of
position previously held, or to a position of similar nature
and salary.
Any classified employee having civil service status in a
classified position who accepts an appointment in an exempt
position shall have the right of reversion to the highest class
of position previously held, or to a position of similar nature
and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance
does not have the right of reversion to a classified position
as provided for in this section. [2002 c 354 § 209; 1998 c
245 § 40. Prior: 1996 c 319 § 3; 1996 c 288 § 33; 1996 c
186 § 109; 1995 c 163 § 1; 1994 c 264 § 13; prior: 1993
sp.s. c 2 § 15; 1993 c 379 § 306; 1993 c 281 § 21; 1990 c
60 § 101; 1989 c 96 § 8; 1987 c 389 § 2; 1985 c 221 § 1;
1984 c 210 § 2; 1983 c 15 § 21; 1982 1st ex.s. c 53 § 2;
1981 c 225 § 2; 1980 c 87 § 14; 1973 1st ex.s. c 133 § 1;
1972 ex.s. c 11 § 1; prior: 1971 ex.s. c 209 § 1; 1971 ex.s.
c 59 § 1; 1971 c 81 § 100; 1969 ex.s. c 36 § 23; 1967 ex.s.
c 8 § 47; 1961 c 179 § 1; 1961 c 1 § 7 (Initiative Measure
No. 207, approved November 8, 1960).]
*Reviser’s note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 §
115.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Effective date—1995 c 163: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 1, 1995]." [1995 c 163 § 2.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
(2002 Ed.)
41.06.070
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1990 c 60: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 60 § 403.]
Subheadings not law—1990 c 60: "Subheadings as used in this act
do not constitute any part of the law." [1990 c 60 § 401.]
Severability—1987 c 389: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 389 § 8.]
Effective date—1987 c 389: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 389 § 9.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1982 1st ex.s. c 53: See note following RCW
41.06.020.
Severability—1967 ex.s. c 8: See RCW 28B.50.910.
County road administration board: RCW 36.78.060.
State agencies and departments—Certain personnel exempted from chapter
basic health plan: RCW 70.47.040.
board of health: RCW 43.20.030.
caseload forecast supervisor and staff: RCW 41.06.087.
center for volunteerism and citizen service: RCW 43.150.040.
Columbia River Gorge commission: RCW 43.97.015.
commission on judicial conduct: RCW 2.64.050.
council for the prevention of child abuse and neglect: RCW 43.121.040.
department of
agriculture: RCW 41.06.084.
corrections: RCW 41.06.071.
ecology: RCW 41.06.073, 43.21A.100.
general administration, supervisor of motor transport: RCW
43.19.585.
health: RCW 43.70.020.
information services: RCW 41.06.094.
retirement systems: RCW 41.50.070.
services for the blind: RCW 74.18.050.
social and health services: RCW 41.06.076, 43.20A.090.
transportation: RCW 41.06.079, 47.01.081.
veterans affairs: RCW 41.06.077.
economic and revenue forecast supervisor and staff: RCW 41.06.087.
gambling commission: RCW 9.46.080.
law revision commission: RCW 41.06.083.
office of
administrative hearings: RCW 34.12.030.
financial management: RCW 41.06.075, 43.41.080.
minority and women’s business enterprises: RCW 39.19.030.
state actuary: RCW 44.44.030.
state convention and trade center: RCW 67.40.020.
state internship program: RCW 41.06.088.
state investment board: RCW 43.33A.100.
state lottery commission: RCW 67.70.050.
state school directors’ association: RCW 41.06.086.
state treasurer: RCW 43.08.120.
state veterinarian: RCW 41.06.084.
superintendent of public instruction: RCW 28A.300.020.
Washington conservation corps: RCW 43.220.070.
Washington service corps: RCW 50.65.110.
Washington state patrol, drug control assistance unit: RCW 43.43.640.
world fair commission: RCW 41.06.085.
youth development and conservation corps: RCW 79A.05.520.
41.06.071 Department of corrections—Certain
personnel exempted from chapter. In addition to the
exemptions provided under RCW 41.06.070, the provisions
of this chapter shall not apply in the department of correc[Title 41 RCW—page 43]
41.06.071
Title 41 RCW: Public Employment, Civil Service, and Pensions
tions to the secretary, the secretary’s personal secretary, the
deputy secretaries and their personal secretaries, all assistant
deputy secretaries and their personal secretaries, all regional
administrators and program administrators, all facility superintendents and associate superintendents for facilities with a
resident capacity of fifty or more, and all management and
sales staff of correctional industries. [1999 c 122 § 1; 1989
c 185 § 1; 1983 c 175 § 1; 1981 c 136 § 28.]
Effective date—1981 c 136: See RCW 72.09.900.
41.06.072 Department of community, trade, and
economic development—Certain personnel exempted
from chapter. In addition to the exemptions set forth in
this chapter, this chapter shall not apply within the department of community, trade, and economic development to the
director, one confidential secretary, the deputy directors, all
assistant directors, the state historic preservation officer, and
up to two professional staff members within the emergency
management program. [1995 c 399 § 59; 1986 c 266 § 8.]
exceeds one hundred residents: PROVIDED, That each such
confidential secretary must meet the minimum qualifications
for the class of secretary II as determined by the Washington
personnel resources board.
This section expires June 30, 2005. [1997 c 386 § 1;
1993 c 281 § 22; 1980 c 73 § 1; 1970 ex.s. c 18 § 8.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
41.06.077 Department of veterans affairs—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of veterans
affairs to the director, the deputy director, no more than two
assistant directors, a confidential secretary for the deputy
director, and a confidential secretary for each assistant
director. [2001 c 84 § 1; 1975-’76 2nd ex.s. c 115 § 7.]
Severability—1975-’76 2nd ex.s. c 115: See RCW 43.60A.908.
Severability—1986 c 266: See note following RCW 38.52.005.
41.06.073 Department of ecology—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply in the department of ecology to the director,
his confidential secretary, his deputy director, and not to
exceed six assistant directors. [1970 ex.s. c 62 § 11.]
Savings—Severability—Effective date—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
41.06.074 Department of health—Certain personnel
exempted from chapter. In addition to the exemptions
under RCW 41.06.070, the provisions of this chapter shall
not apply in the department of health to any deputy secretary, assistant secretary, or person who administers the
necessary divisions, offices, bureaus, and programs and five
additional positions involved in policy or program direction.
[1989 1st ex.s. c 9 § 813.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
41.06.075 Office of financial management—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the office of financial management to the director, his confidential secretary, not to exceed
two deputy directors and not to exceed seven assistant
directors. [1979 c 151 § 56; 1969 ex.s. c 239 § 7.]
Office of financial management: Chapter 43.41 RCW.
41.06.076 Department of social and health services—Certain personnel exempted from chapter. (Expires
June 30, 2005.) In addition to the exemptions set forth in
RCW 41.06.070, the provisions of this chapter shall not
apply in the department of social and health services to the
secretary; the secretary’s executive assistant, if any; not to
exceed six assistant secretaries, thirteen division directors,
six regional directors; one confidential secretary for each of
the above-named officers; not to exceed six bureau chiefs;
all social worker V positions; and all superintendents of
institutions of which the average daily population equals or
[Title 41 RCW—page 44]
41.06.079 Department of transportation—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of transportation to the secretary, a deputy secretary, an administrative
assistant to the secretary, if any, one assistant secretary for
each division designated pursuant to RCW 47.01.081, one
confidential secretary for each of the above-named officers,
up to six transportation district administrators and one
confidential secretary for each district administrator, up to
six additional new administrators or confidential secretaries
designated by the secretary of the department of transportation and approved by the Washington personnel
resources board pursuant to the provisions of RCW
41.06.070, the legislative liaison for the department, the state
construction engineer, the state aid engineer, the personnel
manager, the state project development engineer, the state
maintenance and operations engineer, one confidential
secretary for each of the last-named five positions, and a
confidential secretary for the public affairs administrator.
The individuals appointed under this section shall be exempt
from the provisions of the state civil service law, and shall
be paid salaries to be fixed by the governor in accordance
with the procedure established by law for the fixing of
salaries for individuals exempt from the operation of the
state civil service law. [2002 c 354 § 239; 1993 c 281 § 23;
1985 c 178 § 1; 1977 ex.s. c 151 § 13.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
Exempt positions filled pending permanent appointment—1977
ex.s. c 151: "If on September 21, 1977, any exempt position designated
hereinabove has not been filled by appointment, the person serving in the
comparable exempt position, if any, in an agency whose functions are by
*section 3 of this 1977 amendatory act transferred to the department of
transportation shall fill such exempt position until a permanent appointment
thereto has been made." [1977 ex.s. c 151 § 14.]
*Reviser’s note: "section 3 of this 1977 amendatory act" is codified
as RCW 47.01.031.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
(2002 Ed.)
State Civil Service Law
41.06.080 Department of personnel’s services
available on request to certain governmental entities—
Reimbursement. Notwithstanding the provisions of this
chapter, the department of personnel may make its services
available on request, on a reimbursable basis, to:
(1) Either the legislative or the judicial branch of the
state government;
(2) Any county, city, town, or other municipal subdivision of the state;
(3) The institutions of higher learning;
(4) Any agency, class, or position set forth in RCW
41.06.070. [1970 ex.s. c 12 § 2. Prior: 1969 ex.s. c 152 §
2; 1969 c 45 § 5; 1961 c 1 § 8 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.082 Office of minority and women’s business
enterprises—Certain personnel exempted from chapter.
In addition to the exemptions set forth in RCW 41.06.070,
this chapter shall not apply in the office of minority and
women’s business enterprises to the director, the director’s
confidential secretary, and the deputy director. [1983 c 120
§ 14.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
41.06.083 Law revision commission—Personnel
exempted from chapter. The provisions of this chapter do
not apply to any position in or employee of the Washington
law revision commission. [1982 c 183 § 10.]
41.06.084 Department of agriculture—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of agriculture
to the director, the director’s confidential secretary, the
deputy director, not more than eight assistant directors, the
state veterinarian, and the milk pooling administrator
employed under RCW 15.35.100. [1992 c 58 § 3; 1990 c 37
§ 2; 1983 c 248 § 11.]
41.06.085 World fair commission—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply to the executive director and one confidential
secretary of the world fair commission created in chapter
177, Laws of 1983. [1983 c 177 § 6.]
41.06.086 Washington state school directors’
association—Certain personnel exempted from chapter.
In addition to the exemptions set forth in RCW 41.06.070,
the provisions of this chapter shall not apply to officers and
employees of the Washington state school directors’ association. [1983 c 187 § 5.]
Termination—Sunset review—Expiration date—Effective date—
1983 c 187: See RCW 28A.345.900, 28A.345.902.
41.06.087 Economic and revenue forecast supervisor and staff—Caseload forecast supervisor and staff—
Exempted from chapter. In addition to the exemptions set
forth in RCW 41.06.070, this chapter does not apply to the
economic and revenue forecast supervisor and staff em(2002 Ed.)
41.06.080
ployed under RCW 82.33.010 or the caseload forecast
supervisor and staff employed under RCW 43.88C.010.
[1997 c 168 § 4; 1990 c 229 § 3; 1984 c 138 § 2.]
Effective date—1997 c 168: See RCW 43.88C.900.
Effective date—1990 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1990." [1990 c 229 § 12.]
41.06.088 State internship program—Positions
exempt from chapter. This chapter does not apply to
positions under the state internship program established
under RCW 43.06.410. [1985 c 442 § 8.]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
41.06.093 Washington state patrol—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply in the Washington state patrol to confidential
secretaries of agency bureau chiefs, or their functional
equivalent, and a confidential secretary for the chief of staff:
PROVIDED, That each confidential secretary must meet the
minimum qualifications for the class of secretary II as
determined by the Washington personnel resources board.
[1993 c 281 § 24; 1990 c 14 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.094 Department of information services—
Certain personnel exempted from chapter. In addition to
the exemptions under RCW 41.06.070, the provisions of this
chapter shall not apply in the department of information
services to up to twelve positions in the planning component
involved in policy development and/or senior professionals.
[1987 c 504 § 7.]
Severability—Effective date—1987 c 504: See RCW 43.105.901
and 43.105.902.
41.06.110 Washington personnel resources board—
Created—Term—Qualifications, conditions—
Compensation, travel expenses—Officers, quorum,
records. (1) There is hereby created a Washington personnel resources board composed of three members appointed
by the governor, subject to confirmation by the senate. The
members of the personnel board serving June 30, 1993, shall
be the members of the Washington personnel resources
board, and they shall complete their terms as under the
personnel board. Each odd-numbered year thereafter the
governor shall appoint a member for a six-year term. Each
member shall continue to hold office after the expiration of
the member’s term until a successor has been appointed.
Persons so appointed shall have clearly demonstrated an
interest and belief in the merit principle, shall not hold any
other employment with the state, shall not have been an officer of a political party for a period of one year immediately
prior to such appointment, and shall not be or become a
candidate for partisan elective public office during the term
to which they are appointed;
(2) Each member of the board shall be compensated in
accordance with RCW 43.03.250. The members of the
board may receive any number of daily payments for official
[Title 41 RCW—page 45]
41.06.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
meetings of the board actually attended. Members of the
board shall also be reimbursed for travel expenses incurred
in the discharge of their official duties in accordance with
RCW 43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all
of its members, and annually thereafter, the board shall elect
a chair and vice-chair from among its members to serve one
year. The presence of at least two members of the board
shall constitute a quorum to transact business. A written
public record shall be kept by the board of all actions of the
board. The director of personnel shall serve as secretary.
(4) The board may appoint and compensate hearing
officers to hear and conduct appeals. Such compensation
shall be paid on a contractual basis for each hearing, in
accordance with the provisions of chapter 43.88 RCW and
rules adopted pursuant thereto, as they relate to personal
service contracts. [2002 c 354 § 210; 1993 c 281 § 25; 1984
c 287 § 69; 1982 c 10 § 8. Prior: 1981 c 338 § 20; 1981
c 311 § 16; 1977 c 6 § 2; prior: 1975-’76 2nd ex.s. c 43 §
1; 1975-’76 2nd ex.s. c 34 § 86; 1961 c 1 § 11 (Initiative
Measure No. 207, approved November 8, 1960).]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Adoption of rules for leave sharing program: RCW 41.04.670.
Appointment and compensation of institutional chaplains: RCW 72.01.210.
41.06.111 Personnel appeals board abolished—
Powers, duties, and functions transferred to the Washington personnel resources board. (Effective July 1,
2006.) (1) The personnel appeals board is hereby abolished
and its powers, duties, and functions are hereby transferred
to the Washington personnel resources board. All references
to the executive secretary or the personnel appeals board in
the Revised Code of Washington shall be construed to mean
the director of the department of personnel or the Washington personnel resources board.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
personnel appeals board shall be delivered to the custody of
the department of personnel. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the personnel appeals board shall be made
available to the department of personnel. All funds, credits,
leases, or other assets held by the personnel appeals board
shall be assigned to the department of personnel.
(b) Any appropriations made to the personnel appeals
board shall, on July 1, 2006, be transferred and credited to
the department of personnel.
(c) If any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
[Title 41 RCW—page 46]
(3) All employees of the personnel appeals board are
transferred to the jurisdiction of the department of personnel.
All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of personnel
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing state civil service.
(4) All rules and all pending business before the
personnel appeals board shall be continued and acted upon
by the Washington personnel resources board. All existing
contracts and obligations shall remain in full force and shall
be performed by the department of personnel.
(5) The transfer of the powers, duties, functions, and
personnel of the personnel appeals board shall not affect the
validity of any act performed before July 1, 2006.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [2002 c
354 § 233.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.120 Meetings of board—Hearings authorized,
notice—Majority to approve release of findings—
Administration of oaths. (1) In the necessary conduct of
its work, the board shall meet monthly unless there is no
pending business requiring board action and may hold
hearings, such hearings to be called by (a) the chairman of
the board, or (b) a majority of the members of the board.
An official notice of the calling of the hearing shall be filed
with the secretary, and all members shall be notified of the
hearing within a reasonable period of time prior to its
convening.
(2) No release of material or statement of findings shall
be made except with the approval of a majority of the board;
(3) In the conduct of hearings or investigations, a
member of the board or the director of personnel, or the
hearing officer, may administer oaths. [1981 c 311 § 17;
1975-’76 2nd ex.s. c 43 § 2; 1961 c 1 § 12 (Initiative
Measure No. 207, approved November 8, 1960).]
41.06.130 Director of personnel—Appointment—
Rules—Powers and duties—Delegation of authority. The
office of director of personnel is hereby established.
(1) The director of personnel shall be appointed by the
governor. The governor shall consult with, but shall not be
obligated by recommendations of the board. The director’s
appointment shall be subject to confirmation by the senate.
(2) The director of personnel shall serve at the pleasure
of the governor.
(3) The director of personnel shall direct and supervise
all the department of personnel’s administrative and technical
activities in accordance with the provisions of this chapter
and the rules adopted under it. The director shall prepare for
consideration by the board proposed rules required by this
chapter. The director’s salary shall be fixed by the governor.
(2002 Ed.)
State Civil Service Law
(4) The director of personnel may delegate to any
agency the authority to perform administrative and technical
personnel activities if the agency requests such authority and
the director of personnel is satisfied that the agency has the
personnel management capabilities to effectively perform the
delegated activities. The director of personnel shall prescribe standards and guidelines for the performance of
delegated activities. If the director of personnel determines
that an agency is not performing delegated activities within
the prescribed standards and guidelines, the director shall
withdraw the authority from the agency to perform such
activities. [1993 c 281 § 26; 1982 1st ex.s. c 53 § 3; 1961
c 1 § 13 (Initiative Measure No. 207, approved November 8,
1960).]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1982 1st ex.s. c 53: See note following RCW
41.06.020.
41.06.133 Rules of director—Mandatory subjects—
Personnel administration. (Effective July 1, 2004.) The
director shall adopt rules, consistent with the purposes and
provisions of this chapter and with the best standards of
personnel administration, regarding the basis and procedures
to be followed for:
(1) The reduction, dismissal, suspension, or demotion of
an employee;
(2) Training and career development;
(3) Probationary periods of six to twelve months and
rejections of probationary employees, depending on the job
requirements of the class, except that entry level state park
rangers shall serve a probationary period of twelve months;
(4) Transfers;
(5) Promotional preferences;
(6) Sick leaves and vacations;
(7) Hours of work;
(8) Layoffs when necessary and subsequent reemployment, except for the financial basis for layoffs;
(9) The number of names to be certified for vacancies;
(10) Adoption and revision of a state salary schedule to
reflect the prevailing rates in Washington state private
industries and other governmental units. The rates in the
salary schedules or plans shall be increased if necessary to
attain comparable worth under an implementation plan under
RCW 41.06.155 and, for institutions of higher education and
related boards, shall be competitive for positions of a similar
nature in the state or the locality in which an institution of
higher education or related board is located. Such adoption
and revision is subject to approval by the director of financial management in accordance with chapter 43.88 RCW;
(11) Increment increases within the series of steps for
each pay grade based on length of service for all employees
whose standards of performance are such as to permit them
to retain job status in the classified service;
(12) Optional lump sum relocation compensation
approved by the agency director, whenever it is reasonably
necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An
agency must provide lump sum compensation within existing
resources. If the person receiving the relocation payment
terminates or causes termination with the state, for reasons
other than layoff, disability separation, or other good cause
(2002 Ed.)
41.06.130
as determined by an agency director, within one year of the
date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
(13) Providing for veteran’s preference as required by
existing statutes, with recognition of preference in regard to
layoffs and subsequent reemployment for veterans and their
surviving spouses by giving such eligible veterans and their
surviving spouses additional credit in computing their
seniority by adding to their unbroken state service, as
defined by the director, the veteran’s service in the military
not to exceed five years. For the purposes of this section,
"veteran" means any person who has one or more years of
active military service in any branch of the armed forces of
the United States or who has less than one year’s service and
is discharged with a disability incurred in the line of duty or
is discharged at the convenience of the government and who,
upon termination of such service, has received an honorable
discharge, a discharge for physical reasons with an honorable
record, or a release from active military service with
evidence of service other than that for which an undesirable,
bad conduct, or dishonorable discharge shall be given.
However, the surviving spouse of a veteran is entitled to the
benefits of this section regardless of the veteran’s length of
active military service. For the purposes of this section,
"veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service
and whose military retirement pay is in excess of five
hundred dollars per month.
Rules adopted under this section by the director shall
provide for local administration and management by the
institutions of higher education and related boards, subject to
periodic audit and review by the director.
Rules adopted by the director under this section may be
superseded by the provisions of a collective bargaining
agreement negotiated under RCW 41.80.001 and 41.80.010
through 41.80.130. The supersession of such rules shall only
affect employees in the respective collective bargaining units.
[2002 c 354 § 204.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.136 Board review of rules affecting classified
service—Rules to be developed—Goals. (1) The board
shall conduct a comprehensive review of all rules in effect
on June 13, 2002, governing the classification, allocation,
and reallocation of positions within the classified service. In
conducting this review, the board shall consult with state
agencies, institutions of higher education, employee organizations, and members of the general public. The department
shall assist the board in the conduct of this review, which
shall be completed by the board no later than July 1, 2003.
(2) By March 15, 2004, the board shall adopt new rules
governing the classification, allocation, and reallocation of
positions in the classified service. In adopting such rules,
the board shall adhere to the following goals:
(a) To improve the effectiveness and efficiency of the
delivery of services to the citizens of the state through the
use of current personnel management processes and to
promote a workplace where the overall focus is on the
recipient of governmental services;
(b) To develop a simplified classification system that
will substantially reduce the number of job classifications in
[Title 41 RCW—page 47]
41.06.136
Title 41 RCW: Public Employment, Civil Service, and Pensions
the classified service and facilitate the most effective use of
the state personnel resources;
(c) To develop a classification system to permit state
agencies to respond flexibly to changing technologies,
economic and social conditions, and the needs of its citizens;
(d) To value workplace diversity;
(e) To facilitate the reorganization and decentralization
of governmental services; and
(f) To enhance mobility and career advancement
opportunities.
(3) Rules adopted by the board under subsection (2) of
this section shall permit an appointing authority and an
employee organization representing classified employees of
the appointing authority for collective bargaining purposes to
make a joint request for the initiation of a classification
study. [2002 c 354 § 205.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.139 Classification system for classified
service—Director implements—Rules of the board—
Appeals. In accordance with rules adopted by the board
under RCW 41.06.136, the director shall, by January 1,
2005, begin to implement a new classification system for
positions in the classified service. Any employee who
believes that the director has incorrectly applied the rules of
the board in determining a job classification for a job held
by that employee may appeal the director’s decision to the
board by filing a notice in writing within thirty days of the
action from which the appeal is taken. Decisions of the
board concerning such appeals are final and not subject to
further appeal. [2002 c 354 § 206.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.140 Employee participation in policy and rule
making, administration, etc.—Publication of board rules.
(Effective until July 1, 2004.) It shall be the duty of the
board to make rules and regulations providing for employee
participation in the development and administration of
personnel policies. To assure this right, personnel policies,
rules, classification and pay plans, and amendments thereto,
shall be acted on only after the board has given twenty days
notice to, and considered proposals from, employee representatives and agencies affected. Complete and current compilations of all rules and regulations of the board in printed,
mimeographed or multigraphed form shall be available to the
public in the office of the director of personnel free of
charge. [1961 c 1 § 14 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.142 Purchasing services by contract—Effect
on employees in the classified service—Criteria to be
met—Bidding—Definitions. (Effective July 1, 2005.) (1)
Any department, agency, or institution of higher education
may purchase services, including services that have been
customarily and historically provided by employees in the
classified service under this chapter, by contracting with
individuals, nonprofit organizations, businesses, employee
business units, or other entities if the following criteria are
met:
[Title 41 RCW—page 48]
(a) The invitation for bid or request for proposal
contains measurable standards for the performance of the
contract;
(b) Employees in the classified service whose positions
or work would be displaced by the contract are provided an
opportunity to offer alternatives to purchasing services by
contract and, if these alternatives are not accepted, compete
for the contract under competitive contracting procedures in
subsection (4) of this section;
(c) The contract with an entity other than an employee
business unit includes a provision requiring the entity to
consider employment of state employees who may be displaced by the contract;
(d) The department, agency, or institution of higher
education has established a contract monitoring process to
measure contract performance, costs, service delivery quality,
and other contract standards, and to cancel contracts that do
not meet those standards; and
(e) The department, agency, or institution of higher
education has determined that the contract results in savings
or efficiency improvements. The contracting agency must
consider the consequences and potential mitigation of
improper or failed performance by the contractor.
(2) Any provision contrary to or in conflict with this
section in any collective bargaining agreement in effect on
July 1, 2005, is not effective beyond the expiration date of
the agreement.
(3) Contracting for services that is expressly mandated
by the legislature or was authorized by law prior to July 1,
2005, including contracts and agreements between public
entities, shall not be subject to the processes set forth in
subsections (1) and (4) through (6) of this section.
(4) Competitive contracting shall be implemented as
follows:
(a) At least ninety days prior to the date the contracting
agency requests bids from private entities for a contract for
services provided by classified employees, the contracting
agency shall notify the classified employees whose positions
or work would be displaced by the contract. The employees
shall have sixty days from the date of notification to offer
alternatives to purchasing services by contract, and the
agency shall consider the alternatives before requesting bids.
(b) If the employees decide to compete for the contract,
they shall notify the contracting agency of their decision.
Employees must form one or more employee business units
for the purpose of submitting a bid or bids to perform the
services.
(c) The director of personnel, with the advice and
assistance of the department of general administration, shall
develop and make available to employee business units
training in the bidding process and general bid preparation.
(d) The director of general administration, with the
advice and assistance of the department of personnel, shall,
by rule, establish procedures to ensure that bids are submitted and evaluated in a fair and objective manner and that
there exists a competitive market for the service. Such rules
shall include, but not be limited to: (i) Prohibitions against
participation in the bid evaluation process by employees who
prepared the business unit’s bid or who perform any of the
services to be contracted; (ii) provisions to ensure no bidder
receives an advantage over other bidders and that bid
requirements are applied equitably to all parties; and (iii)
(2002 Ed.)
State Civil Service Law
procedures that require the contracting agency to receive
complaints regarding the bidding process and to consider
them before awarding the contract. Appeal of an agency’s
actions under this subsection is an adjudicative proceeding
and subject to the applicable provisions of chapter 34.05
RCW, the administrative procedure act, with the final
decision to be rendered by an administrative law judge
assigned under chapter 34.12 RCW.
(e) An employee business unit’s bid must include the
fully allocated costs of the service, including the cost of the
employees’ salaries and benefits, space, equipment, materials, and other costs necessary to perform the function. An
employee business unit’s cost shall not include the state’s
indirect overhead costs unless those costs can be attributed
directly to the function in question and would not exist if
that function were not performed in state service.
(f) A department, agency, or institution of higher
education may contract with the department of general
administration to conduct the bidding process.
(5) As used in this section:
(a) "Employee business unit" means a group of employees who perform services to be contracted under this section
and who submit a bid for the performance of those services
under subsection (4) of this section.
(b) "Indirect overhead costs" means the pro rata share
of existing agency administrative salaries and benefits, and
rent, equipment costs, utilities, and materials associated with
those administrative functions.
(c) "Competitive contracting" means the process by
which classified employees of a department, agency, or
institution of higher education compete with businesses,
individuals, nonprofit organizations, or other entities for contracts authorized by subsection (1) of this section.
(6) The joint legislative audit and review committee
shall conduct a performance audit of the implementation of
this section, including the adequacy of the appeals process in
subsection (4)(d) of this section, and report to the legislature
by January 1, 2007, on the results of the audit. [2002 c 354
§ 208.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.150 Rules of board—Mandatory subjects—
Personnel administration. The board shall adopt rules,
consistent with the purposes and provisions of this chapter,
as now or hereafter amended, and with the best standards of
personnel administration, regarding the basis and procedures
to be followed for:
(1) The reduction, dismissal, suspension, or demotion of
an employee;
(2) Certification of names for vacancies, including
departmental promotions, with the number of names equal to
six more names than there are vacancies to be filled, such
names representing applicants rated highest on eligibility
lists: PROVIDED, That when other applicants have scores
equal to the lowest score among the names certified, their
names shall also be certified;
(3) Examinations for all positions in the competitive and
noncompetitive service;
(4) Appointments;
(5) Training and career development;
(2002 Ed.)
41.06.142
(6) Probationary periods of six to twelve months and
rejections of probationary employees, depending on the job
requirements of the class, except as follows:
(a) Entry level state park rangers shall serve a probationary period of twelve months;
(b) The probationary period of campus police officer
appointees who are required to attend the Washington state
criminal justice training commission basic law enforcement
academy shall extend from the date of appointment until
twelve months from the date of successful completion of the
basic law enforcement academy, or twelve months from the
date of appointment if academy training is not required. The
board shall adopt rules to ensure that employees promoting
to campus police officer who are required to attend the
Washington state criminal justice training commission basic
law enforcement academy shall have the trial service period
extend from the date of appointment until twelve months
from the date of successful completion of the basic law
enforcement academy, or twelve months from the date of
appointment if academy training is not required;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining
representative and upon the representative’s request, the
director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as
a condition of employment membership in the certified
exclusive bargaining representative on or after the thirtieth
day following the beginning of employment or the date of
such election, whichever is the later, and the failure of an
employee to comply with such a condition of employment
constitutes cause for dismissal: PROVIDED FURTHER,
That no more often than once in each twelve-month period
after expiration of twelve months following the date of the
original election in a bargaining unit and upon petition of
thirty percent of the members of a bargaining unit the
director shall hold an election to determine whether a
majority wish to rescind such condition of employment:
PROVIDED FURTHER, That for purposes of this clause,
membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic
dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER,
That in order to safeguard the right of nonassociation of
public employees, based on bona fide religious tenets or
teachings of a church or religious body of which such public
employee is a member, such public employee shall pay to
the union, for purposes within the program of the union as
designated by such employee that would be in harmony with
his or her individual conscience, an amount of money
equivalent to regular union dues minus any included monthly
premiums for union-sponsored insurance programs, and such
employee shall not be a member of the union but is entitled
to all the representation rights of a union member;
(b) Agreements between agencies and certified exclusive
bargaining representatives providing for grievance procedures
and collective negotiations on all personnel matters over
[Title 41 RCW—page 49]
41.06.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
which the appointing authority of the appropriate bargaining
unit of such agency may lawfully exercise discretion;
(c) Written agreements may contain provisions for
payroll deductions of employee organization dues upon
authorization by the employee member and for the
cancellation of such payroll deduction by the filing of a
proper prior notice by the employee with the appointing
authority and the employee organization: PROVIDED, That
nothing contained herein permits or grants to any employee
the right to strike or refuse to perform his or her official
duties;
(d) A collective bargaining agreement entered into under
this subsection before July 1, 2004, covering employees
subject to RCW 41.80.001 and 41.80.010 through 41.80.130,
that expires after July 1, 2004, shall remain in full force
during its duration, or until superseded by a collective
bargaining agreement entered into by the parties under RCW
41.80.001 and 41.80.010 through 41.80.130. However, an
agreement entered into before July 1, 2004, may not be
renewed or extended beyond July 1, 2005. This subsection
(11) does not apply to collective bargaining negotiations or
collective bargaining agreements entered into under RCW
41.80.001 and 41.80.010 through 41.80.130;
(12) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based
on investigation and analysis of the duties and responsibilities of each such position.
(a) The board shall not adopt job classification revisions
or class studies unless implementation of the proposed
revision or study will result in net cost savings, increased
efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by
the director of financial management in accordance with
chapter 43.88 RCW.
(b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW
41.06.152;
(13) Allocation and reallocation of positions within the
classification plan;
(14) Adoption and revision of a state salary schedule to
reflect the prevailing rates in Washington state private
industries and other governmental units but the rates in the
salary schedules or plans shall be increased if necessary to
attain comparable worth under an implementation plan under
RCW 41.06.155 and that, for institutions of higher education
and related boards, shall be competitive for positions of a
similar nature in the state or the locality in which an
institution of higher education or related board is located,
such adoption and revision subject to approval by the
director of financial management in accordance with the
provisions of chapter 43.88 RCW;
(15) Increment increases within the series of steps for
each pay grade based on length of service for all employees
whose standards of performance are such as to permit them
to retain job status in the classified service;
(16) Optional lump sum relocation compensation
approved by the agency director, whenever it is reasonably
necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An
agency must provide lump sum compensation within existing
resources. If the person receiving the relocation payment
terminates or causes termination with the state, for reasons
[Title 41 RCW—page 50]
other than layoff, disability separation, or other good cause
as determined by an agency director, within one year of the
date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
(17) Providing for veteran’s preference as required by
existing statutes, with recognition of preference in regard to
layoffs and subsequent reemployment for veterans and their
surviving spouses by giving such eligible veterans and their
surviving spouses additional credit in computing their
seniority by adding to their unbroken state service, as
defined by the board, the veteran’s service in the military not
to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active
military service in any branch of the armed forces of the
United States or who has less than one year’s service and is
discharged with a disability incurred in the line of duty or is
discharged at the convenience of the government and who,
upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable
record, or a release from active military service with evidence of service other than that for which an undesirable,
bad conduct, or dishonorable discharge shall be given:
PROVIDED, HOWEVER, That the surviving spouse of a
veteran is entitled to the benefits of this section regardless of
the veteran’s length of active military service: PROVIDED
FURTHER, That for the purposes of this section "veteran"
does not include any person who has voluntarily retired with
twenty or more years of active military service and whose
military retirement pay is in excess of five hundred dollars
per month;
(18) Permitting agency heads to delegate the authority
to appoint, reduce, dismiss, suspend, or demote employees
within their agencies if such agency heads do not have
specific statutory authority to so delegate: PROVIDED, That
the board may not authorize such delegation to any position
lower than the head of a major subdivision of the agency;
(19) Assuring persons who are or have been employed
in classified positions before July 1, 1993, will be eligible
for employment, reemployment, transfer, and promotion in
respect to classified positions covered by this chapter;
(20) Affirmative action in appointment, promotion,
transfer, recruitment, training, and career development;
development and implementation of affirmative action goals
and timetables; and monitoring of progress against those
goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative
action. The department of personnel shall transmit a report
annually to the human rights commission which states the
progress each state agency has made in meeting affirmative
action goals and timetables.
Notwithstanding this section and rules of the board
adopted under this section, agencies may place employees on
temporary unpaid leave during the 2001-2003 fiscal biennium for the purpose of implementing appropriations reductions enacted in the 2002 supplemental appropriations act.
Mandatory unpaid leave must be approved by the agency
director, and must be, to the greatest extent possible,
mutually agreeable to the employee and employer. Employees taking mandatory temporary unpaid leave will not lose
seniority, leave accrual, or health insurance benefits. [2002
c 371 § 906; 2002 c 354 § 202; 2002 c 110 § 1; 1999 c 297
(2002 Ed.)
State Civil Service Law
§ 3; 1996 c 319 § 2; 1995 2nd sp.s. c 18 § 911. Prior:
1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103;
prior: 1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75
§ 5; 1982 1st ex.s. c 53 § 4; prior: 1982 c 79 § 1; 1981 c
311 § 18; 1980 c 118 § 3; 1979 c 151 § 57; 1977 ex.s. c
152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s.
c 19 § 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative
Measure No. 207, approved November 8, 1960).]
Reviser’s note: This section was amended by 2002 c 110 § 1, 2002
c 354 § 202, and by 2002 c 371 § 906, each without reference to the other.
All amendments are incorporated in the publication of this section under
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Findings—1999 c 297: See note following RCW 43.03.125.
Severability—Effective date—1995 2nd sp.s. c 18: See notes
following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—Subheadings not law—1990 c 60: See notes
following RCW 41.06.070.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW
41.06.020.
Severability—1980 c 118: See note following RCW 41.06.010.
Severability—1977 ex.s. c 152: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 152 § 14.]
Effective date—1973 1st ex.s. c 75: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect midnight June 6, 1973." [1973 1st ex.s. c 75 §
3.]
Leaves for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees’ collective bargaining: Chapter 41.56 RCW.
41.06.150 Rules of director—Mandatory subjects—Personnel
administration (as amended by 2002 c 354). (Effective July 1, 2004.)
The ((board)) director shall adopt rules, consistent with the purposes and
provisions of this chapter((, as now or hereafter amended,)) and with the
best standards of personnel administration, regarding the basis and
procedures to be followed for:
(1) ((The reduction, dismissal, suspension, or demotion of an
employee;
(2))) Certification of names for vacancies((, including departmental
promotions, with the number of names equal to six more names than there
are vacancies to be filled, such names representing applicants rated highest
on eligibility lists: PROVIDED, That when other applicants have scores
equal to the lowest score among the names certified, their names shall also
be certified));
(((3))) (2) Examinations for all positions in the competitive and
noncompetitive service;
(((4))) (3) Appointments;
(((5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of
probationary employees, depending on the job requirements of the class,
except that entry level state park rangers shall serve a probationary period
of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both
according to seniority;
(2002 Ed.)
41.06.150
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining representative and
upon the representative’s request, the director shall hold an election among
employees in a bargaining unit to determine by a majority whether to
require as a condition of employment membership in the certified exclusive
bargaining representative on or after the thirtieth day following the
beginning of employment or the date of such election, whichever is the
later, and the failure of an employee to comply with such a condition of
employment constitutes cause for dismissal: PROVIDED FURTHER, That
no more often than once in each twelve-month period after expiration of
twelve months following the date of the original election in a bargaining
unit and upon petition of thirty percent of the members of a bargaining unit
the director shall hold an election to determine whether a majority wish to
rescind such condition of employment: PROVIDED FURTHER, That for
purposes of this clause, membership in the certified exclusive bargaining
representative is satisfied by the payment of monthly or other periodic dues
and does not require payment of initiation, reinstatement, or any other fees
or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of
public employees, based on bona fide religious tenets or teachings of a
church or religious body of which such public employee is a member, such
public employee shall pay to the union, for purposes within the program of
the union as designated by such employee that would be in harmony with
his or her individual conscience, an amount of money equivalent to regular
union dues minus any included monthly premiums for union-sponsored
insurance programs, and such employee shall not be a member of the union
but is entitled to all the representation rights of a union member;
(b) Agreements between agencies and certified exclusive bargaining
representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the
appropriate bargaining unit of such agency may lawfully exercise discretion;
(c) Written agreements may contain provisions for payroll deductions
of employee organization dues upon authorization by the employee member
and for the cancellation of such payroll deduction by the filing of a proper
prior notice by the employee with the appointing authority and the employee
organization: PROVIDED, That nothing contained herein permits or grants
to any employee the right to strike or refuse to perform his or her official
duties;
(d) A collective bargaining agreement entered into under this
subsection before July 1, 2002, covering employees subject to sections 301
through 314 of this act, that expires after July 1, 2002, shall remain in full
force during its duration, or until superseded by a collective bargaining
agreement entered into by the parties under sections 301 through 314 of this
act. However, an agreement entered into before July 1, 2002, may not be
renewed or extended beyond July 1, 2003. This subsection (11) does not
apply to collective bargaining negotiations or collective bargaining
agreements entered into under sections 301 through 314 of this act;
(12))) (4) Adoption and revision of a comprehensive classification
plan, in accordance with rules adopted by the board under RCW 41.06.136,
for all positions in the classified service, based on investigation and analysis
of the duties and responsibilities of each such position and allocation and
reallocation of positions within the classification plan.
(a) The ((board)) director shall not adopt job classification revisions
or class studies unless implementation of the proposed revision or study will
result in net cost savings, increased efficiencies, or improved management
of personnel or services, and the proposed revision or study has been
approved by the director of financial management in accordance with
chapter 43.88 RCW.
(b) Reclassifications, class studies, and salary adjustments are
governed by (a) of this subsection and RCW 41.06.152;
(((13) Allocation and reallocation of positions within the classification
plan;
(14) Adoption and revision of a state salary schedule to reflect the
prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if
necessary to attain comparable worth under an implementation plan under
RCW 41.06.155 and that, for institutions of higher education and related
boards, shall be competitive for positions of a similar nature in the state or
the locality in which an institution of higher education or related board is
located, such adoption and revision subject to approval by the director of
financial management in accordance with the provisions of chapter 43.88
RCW;
(15) Increment increases within the series of steps for each pay grade
based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified
service;
[Title 41 RCW—page 51]
41.06.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
(16) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make a
domiciliary move in accepting a transfer or other employment with the state.
An agency must provide lump sum compensation within existing resources.
If the person receiving the relocation payment terminates or causes
termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one
year of the date of the employment, the state is entitled to reimbursement
of the lump sum compensation from the person;
(17) Providing for veteran’s preference as required by existing statutes,
with recognition of preference in regard to layoffs and subsequent
reemployment for veterans and their surviving spouses by giving such
eligible veterans and their surviving spouses additional credit in computing
their seniority by adding to their unbroken state service, as defined by the
board, the veteran’s service in the military not to exceed five years. For the
purposes of this section, "veteran" means any person who has one or more
years of active military service in any branch of the armed forces of the
United States or who has less than one year’s service and is discharged with
a disability incurred in the line of duty or is discharged at the convenience
of the government and who, upon termination of such service has received
an honorable discharge, a discharge for physical reasons with an honorable
record, or a release from active military service with evidence of service
other than that for which an undesirable, bad conduct, or dishonorable
discharge shall be given: PROVIDED, HOWEVER, That the surviving
spouse of a veteran is entitled to the benefits of this section regardless of
the veteran’s length of active military service: PROVIDED FURTHER,
That for the purposes of this section "veteran" does not include any person
who has voluntarily retired with twenty or more years of active military
service and whose military retirement pay is in excess of five hundred
dollars per month;
(18))) (5) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if such
agency heads do not have specific statutory authority to so delegate:
PROVIDED, That the ((board)) director may not authorize such delegation
to any position lower than the head of a major subdivision of the agency;
(((19))) (6) Assuring persons who are or have been employed in
classified positions before July 1, 1993, will be eligible for employment,
reemployment, transfer, and promotion in respect to classified positions
covered by this chapter;
(((20))) (7) Affirmative action in appointment, promotion, transfer,
recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress
against those goals and timetables.
The ((board)) director shall consult with the human rights commission
in the development of rules pertaining to affirmative action. The department
of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting
affirmative action goals and timetables.
Rules adopted under this section by the director shall provide for local
administration and management by the institutions of higher education and
related boards, subject to periodic audit and review by the director. [2002
c 354 § 203; 2002 c 354 § 202; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd
sp.s. c 18 § 911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60
§ 103; prior: 1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5;
1982 1st ex.s. c 53 § 4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118
§ 3; 1979 c 151 § 57; 1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973
c 154 § 1; 1971 ex.s. c 19 § 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15
(Initiative Measure No. 207, approved November 8, 1960).]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings—1999 c 297: See note following RCW 43.03.125.
Severability—Effective date—1995 2nd sp.s. c 18: See notes
following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—Subheadings not law—1990 c 60: See notes
following RCW 41.06.070.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW
41.06.020.
Severability—1980 c 118: See note following RCW 41.06.010.
[Title 41 RCW—page 52]
Severability—1977 ex.s. c 152: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 152 § 14.]
Effective date—1973 1st ex.s. c 75: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect midnight June 6, 1973." [1973 1st ex.s. c 75 §
3.]
Leaves for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees’ collective bargaining: Chapter 41.56 RCW.
41.06.152 Job classification revisions, class studies,
salary adjustments—Limitations. (Effective until July 1,
2004.) (1) The board shall adopt only those job classification revisions, class studies, and salary adjustments under
RCW 41.06.150(12) that:
(a) Are due to documented recruitment and retention
difficulties, salary compression or inversion, increased duties
and responsibilities, or inequities. For these purposes,
inequities are defined as similar work assigned to different
job classes with a salary disparity greater than 7.5 percent;
and
(b) Are such that the office of financial management has
reviewed the agency’s fiscal impact statement and has
concurred that the agency can absorb the biennialized cost of
the reclassification, class study, or salary adjustment within
the agency’s current authorized level of funding for the
current fiscal biennium and subsequent fiscal biennia.
(2) In addition to reclassifications, class studies, and
salary adjustments under subsection (1)(b) of this section, the
board may approve other reclassifications, class studies, and
salary adjustments that meet the requirements of subsection
(1)(a) of this section and have been approved under the
procedures established under this subsection.
Before the department of personnel’s biennial budget
request is due to the office of financial management, the
board shall prioritize requests for reclassifications, class
studies, and salary adjustments for the next fiscal biennium.
The board shall prioritize according to such criteria as are
developed by the board consistent with RCW
41.06.150(12)(a).
The board shall submit the prioritized list to the
governor’s office and the fiscal committees of the house of
representatives and senate at the same time the department
of personnel’s biennial budget request is submitted. The
office of financial management shall review the biennial cost
of each proposed salary adjustment on the board’s prioritized
list.
In the biennial appropriations acts, the legislature may
establish a level of funding, from the state general fund and
other accounts, to be applied by the board to the prioritized
list. Upon enactment of the appropriations act, the board
may approve reclassifications, class studies, and salary
adjustments only to the extent that the total cost does not
exceed the level of funding established in the appropriations
acts and the board’s actions are consistent with the priorities
established in the list. The legislature may also specify or
otherwise limit in the appropriations act the implementation
dates for actions approved by the board under this section.
(2002 Ed.)
State Civil Service Law
(3) When the board develops its priority list in the
1999-2001 biennium, for increases proposed for funding in
the 2001-2003 biennium, the board shall give top priority to
proposed increases to address documented recruitment and
retention increases, and shall give lowest priority to proposed
increases to recognize increased duties and responsibilities.
When the board submits its prioritized list for the 2001-2003
biennium, the board shall also provide: A comparison of
any differences between the salary increases recommended
by the department of personnel staff and those adopted by
the board; a review of any salary compression, inversion, or
inequities that would result from implementing a recommended increase; and a complete description of the information relied upon by the board in adopting its proposals and
priorities.
(4) This section does not apply to the higher education
hospital special pay plan or to any adjustments to the
classification plan under RCW 41.06.150(12) that are due to
emergent conditions. Emergent conditions are defined as
emergency conditions requiring the establishment of positions necessary for the preservation of the public health,
safety, or general welfare. [2002 c 354 § 240; 1999 c 309
§ 914; 1996 c 319 § 1.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Severability—1999 c 309: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 309 § 2001.]
Effective date—1999 c 309: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999, except as provided in section 2002 of this act." [1999 c 309 § 2003.]
41.06.152 Job classification revisions, class studies,
salary adjustments—Limitations. (Effective July 1, 2004.)
(1) The director shall adopt only those job classification
revisions, class studies, and salary adjustments under RCW
41.06.150(4) that:
(a) Are due to documented recruitment and retention
difficulties, salary compression or inversion, increased duties
and responsibilities, or inequities. For these purposes,
inequities are defined as similar work assigned to different
job classes with a salary disparity greater than 7.5 percent;
and
(b) Are such that the office of financial management has
reviewed the agency’s fiscal impact statement and has
concurred that the agency can absorb the biennialized cost of
the reclassification, class study, or salary adjustment within
the agency’s current authorized level of funding for the
current fiscal biennium and subsequent fiscal biennia.
(2) In addition to reclassifications, class studies, and
salary adjustments under subsection (1)(b) of this section, the
board may approve other reclassifications, class studies, and
salary adjustments that meet the requirements of subsection
(1)(a) of this section and have been approved under the
procedures established under this subsection.
Before the department of personnel’s biennial budget
request is due to the office of financial management, the
board shall prioritize requests for reclassifications, class
studies, and salary adjustments for the next fiscal biennium.
The board shall prioritize according to such criteria as are
(2002 Ed.)
41.06.152
developed by the board consistent with RCW
41.06.150(4)(a).
The board shall submit the prioritized list to the
governor’s office and the fiscal committees of the house of
representatives and senate at the same time the department
of personnel’s biennial budget request is submitted. The
office of financial management shall review the biennial cost
of each proposed salary adjustment on the board’s prioritized
list.
In the biennial appropriations acts, the legislature may
establish a level of funding, from the state general fund and
other accounts, to be applied by the board to the prioritized
list. Upon enactment of the appropriations act, the board
may approve reclassifications, class studies, and salary
adjustments only to the extent that the total cost does not
exceed the level of funding established in the appropriations
acts and the board’s actions are consistent with the priorities
established in the list. The legislature may also specify or
otherwise limit in the appropriations act the implementation
dates for actions approved by the board under this section.
(3) When the board develops its priority list in the
1999-2001 biennium, for increases proposed for funding in
the 2001-2003 biennium, the board shall give top priority to
proposed increases to address documented recruitment and
retention increases, and shall give lowest priority to proposed
increases to recognize increased duties and responsibilities.
When the board submits its prioritized list for the 2001-2003
biennium, the board shall also provide: A comparison of
any differences between the salary increases recommended
by the department of personnel staff and those adopted by
the board; a review of any salary compression, inversion, or
inequities that would result from implementing a recommended increase; and a complete description of the information relied upon by the board in adopting its proposals and
priorities.
(4) This section does not apply to the higher education
hospital special pay plan or to any adjustments to the
classification plan under RCW 41.06.150(4) that are due to
emergent conditions. Emergent conditions are defined as
emergency conditions requiring the establishment of positions necessary for the preservation of the public health,
safety, or general welfare. [2002 c 354 § 241; 2002 c 354
§ 240; 1999 c 309 § 914; 1996 c 319 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1999 c 309: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 309 § 2001.]
Effective date—1999 c 309: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999, except as provided in section 2002 of this act." [1999 c 309 § 2003.]
41.06.155 Salaries—Implementation of changes to
achieve comparable worth. Salary changes necessary to
achieve comparable worth shall be implemented during the
1983-85 biennium under a schedule developed by the department. Increases in salaries and compensation solely for the
purpose of achieving comparable worth shall be made at
least annually. Comparable worth for the jobs of all
employees under this chapter shall be fully achieved not later
[Title 41 RCW—page 53]
41.06.155
Title 41 RCW: Public Employment, Civil Service, and Pensions
than June 30, 1993. [1993 c 281 § 28; 1983 1st ex.s. c 75
§ 6.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.160 Classification and salary schedules to
consider rates in other public and private employment—
Wage and fringe benefits surveys—Limited public
disclosure exemption. In preparing classification and salary
schedules as set forth in RCW 41.06.150 the department of
personnel shall give full consideration to prevailing rates in
other public employment and in private employment in this
state. For this purpose the department shall undertake
comprehensive salary and fringe benefit surveys.
Salary and fringe benefit survey information collected
from private employers which identifies a specific employer
with the salary and fringe benefit rates which that employer
pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW. [2002 c 354 § 211; 1993 c
281 § 29; 1985 c 94 § 2; 1980 c 11 § 1; 1979 c 151 § 58;
1977 ex.s. c 152 § 2; 1961 c 1 § 16 (Initiative Measure No.
207, approved November 8, 1960).]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1977 ex.s. c 152: See note following RCW 41.06.150.
41.06.167 Compensation surveys required for
officers and officer candidates of the Washington state
patrol—Limited public disclosure exemption. The department of personnel shall undertake comprehensive compensation surveys for officers and entry-level officer candidates of
the Washington state patrol, with such surveys to be conducted in the year prior to the convening of every other one
hundred five day regular session of the state legislature.
Salary and fringe benefit survey information collected from
private employers which identifies a specific employer with
the salary and fringe benefit rates which that employer pays
to its employees shall not be subject to public disclosure
under chapter 42.17 RCW. [2002 c 354 § 212; 1991 c 196
§ 1; 1986 c 158 § 7; 1985 c 94 § 3; 1980 c 11 § 2; 1979 c
151 § 60; 1977 ex.s. c 152 § 5.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Severability—1977 ex.s. c 152: See note following RCW 41.06.150.
41.06.169 Employee performance evaluations—
Standardized procedures and forms required to be
developed. After consultation with state agency heads,
employee organizations, and other interested parties, the state
personnel director shall develop standardized employee
performance evaluation procedures and forms which shall be
used by state agencies for the appraisal of employee job
performance at least annually. These procedures shall
include means whereby individual agencies may supplement
the standardized evaluation process with special performance
factors peculiar to specific organizational needs. Performance evaluation procedures shall place primary emphasis
on recording how well the employee has contributed to
efficiency, effectiveness, and economy in fulfilling state
agency and job objectives. [1985 c 461 § 3; 1982 1st ex.s.
c 53 § 5; 1977 ex.s. c 152 § 6.]
[Title 41 RCW—page 54]
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW
41.06.020.
Severability—1977 ex.s. c 152: See note following RCW 41.06.150.
41.06.170 Suspension, dismissal, demotion of
employee—Appeal to personnel appeals board. (Effective
until July 1, 2004.) (1) The board or director, in the adoption of rules governing suspensions for cause, shall not
authorize an appointing authority to suspend an employee for
more than fifteen calendar days as a single penalty or more
than thirty calendar days in any one calendar year as an
accumulation of several penalties. The board or director
shall require that the appointing authority give written notice
to the employee not later than one day after the suspension
takes effect, stating the reasons for and the duration thereof.
(2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary
period of service as provided by the rules of the board, or
any employee who is adversely affected by a violation of the
state civil service law, chapter 41.06 RCW, or rules adopted
under it, shall have the right to appeal to the personnel
appeals board created by RCW 41.64.010 not later than
thirty days after the effective date of such action. The
employee shall be furnished with specified charges in writing
when a reduction, dismissal, suspension, or demotion action
is taken. Such appeal shall be in writing.
(3) Any employee whose position has been exempted
after July 1, 1993, shall have the right to appeal to the
personnel appeals board created by RCW 41.64.010 not later
than thirty days after the effective date of such action.
(4) An employee incumbent in a position at the time of
its allocation or reallocation, or the agency utilizing the
position, may appeal the allocation or reallocation to the
personnel appeals board created by RCW 41.64.010. Notice
of such appeal must be filed in writing within thirty days of
the action from which appeal is taken. [1993 c 281 § 31;
1981 c 311 § 19; 1975-’76 2nd ex.s. c 43 § 3; 1961 c 1 § 17
(Initiative Measure No. 207, approved November 8, 1960).]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.170 Reduction, suspension, dismissal, demotion of employee—Right to appeal. (Effective July 1,
2004.) (1) The director, in the adoption of rules governing
suspensions for cause, shall not authorize an appointing
authority to suspend an employee for more than fifteen
calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of
several penalties. The director shall require that the appointing authority give written notice to the employee not later
than one day after the suspension takes effect, stating the
reasons for and the duration thereof.
(2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary
period of service as provided by the rules of the director, or
any employee who is adversely affected by a violation of the
state civil service law, chapter 41.06 RCW, or rules adopted
under it, shall have the right to appeal, either individually or
through his or her authorized representative, not later than
thirty days after the effective date of such action to the
personnel appeals board through June 30, 2005, and to the
(2002 Ed.)
State Civil Service Law
Washington personnel resources board after June 30, 2005.
The employee shall be furnished with specified charges in
writing when a reduction, dismissal, suspension, or demotion
action is taken. Such appeal shall be in writing. Decisions
of the Washington personnel resources board on appeals
filed after June 30, 2005, shall be final and not subject to
further appeal.
(3) Any employee whose position has been exempted
after July 1, 1993, shall have the right to appeal, either
individually or through his or her authorized representative,
not later than thirty days after the effective date of such
action to the personnel appeals board through June 30, 2005,
and to the Washington personnel resources board after June
30, 2005.
(4) An employee incumbent in a position at the time of
its allocation or reallocation, or the agency utilizing the
position, may appeal the allocation or reallocation to the
personnel appeals board through December 31, 2005, and to
the Washington personnel resources board after December
31, 2005. Notice of such appeal must be filed in writing
within thirty days of the action from which appeal is taken.
(5) Subsections (1) and (2) of this section do not apply
to any employee who is subject to the provisions of a
collective bargaining agreement negotiated under RCW
41.80.001 and 41.80.010 through 41.80.130. [2002 c 354 §
213; 1993 c 281 § 31; 1981 c 311 § 19; 1975-’76 2nd ex.s.
c 43 § 3; 1961 c 1 § 17 (Initiative Measure No. 207,
approved November 8, 1960).]
Appeals filed on or before June 30, 2005—2002 c 354: "The
transfer of the powers, duties, and functions of the personnel appeals board
to the personnel resources board under RCW 41.06.111 and the transfer of
jurisdiction for appeals filed under section 213, chapter 354, Laws of 2002
after June 30, 2005, shall not affect the right of an appellant to have an
appeal filed on or before June 30, 2005, resolved by the personnel appeals
board in accordance with the authorities, rules, and procedures that were
established under chapter 41.64 RCW as it existed before July 1, 2004."
[2002 c 354 § 214.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.176 Employee performance evaluations—
Written notification of deficiencies. Each employee whose
work is judged unsatisfactory shall be notified in writing of
the areas in which the work is considered deficient. Unless
the deficiency is extreme, the employee shall be given an
opportunity to demonstrate improvement. [1985 c 461 § 4.]
Severability—1985 c 461: See note following RCW 41.06.020.
41.06.186 Employee performance evaluations—
Termination of employment—Rules. (Effective until July
1, 2004.) The Washington personnel resources board shall
adopt rules designed to terminate the state employment of
any employee whose performance is so inadequate as to
warrant termination. [1993 c 281 § 32; 1985 c 461 § 5.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: See note following RCW 41.06.020.
41.06.186 Employee performance evaluations—
Termination of employment—Rules. (Effective July 1,
2004.) The director shall adopt rules designed to terminate
the state employment of any employee whose performance
(2002 Ed.)
41.06.170
is so inadequate as to warrant termination. [2002 c 354 §
215; 1993 c 281 § 32; 1985 c 461 § 5.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: See note following RCW 41.06.020.
41.06.196 Employee performance evaluations—
Termination of supervisors tolerating deficient employees.
(Effective until July 1, 2004.) The Washington personnel
resources board shall adopt rules designed to remove from
supervisory positions those supervisors who in violation of
the rules adopted under RCW 41.06.186 have tolerated the
continued employment of employees under their supervision
whose performance has warranted termination from state
employment. [1993 c 281 § 33; 1985 c 461 § 6.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: See note following RCW 41.06.020.
Duty of state officers to identify employees whose performance warrants
termination from state employment: RCW 43.01.125.
41.06.196 Employee performance evaluations—
Termination of supervisors tolerating inadequate employee performance. (Effective July 1, 2004.) The director
shall adopt rules designed to remove from supervisory
positions those supervisors who in violation of the rules
adopted under RCW 41.06.186 have tolerated the continued
employment of employees under their supervision whose
performance has warranted termination from state employment. [2002 c 354 § 216; 1993 c 281 § 33; 1985 c 461 §
6.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: See note following RCW 41.06.020.
Duty of state officers to identify employees whose performance warrants
termination from state employment: RCW 43.01.125.
41.06.220 Reemployment list—Reinstatement after
appeal, guaranteed rights and benefits. (1) An employee
who is terminated from state service may request the board
to place his name on an appropriate reemployment list and
the board shall grant this request where the circumstances
are found to warrant reemployment.
(2) Any employee, when fully reinstated after appeal,
shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and
OASDI credits. [1961 c 1 § 22 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.250 Political activities. (1) Solicitation for or
payment to any partisan, political organization or for any
partisan, political purpose of any compulsory assessment or
involuntary contribution is prohibited: PROVIDED, HOWEVER, That officers of employee associations shall not be
prohibited from soliciting dues or contributions from
members of their associations. No person shall solicit on
state property or property of a political subdivision of this
state any contribution to be used for partisan, political
purposes.
[Title 41 RCW—page 55]
41.06.250
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Employees of the state or any political subdivision
thereof shall have the right to vote and to express their
opinions on all political subjects and candidates and to hold
any political party office or participate in the management of
a partisan, political campaign. Nothing in this section shall
prohibit an employee of the state or any political subdivision
thereof from participating fully in campaigns relating to
constitutional amendments, referendums, initiatives, and
issues of a similar character, and for nonpartisan offices.
(3) A classified civil service employee shall not hold a
part time public office in a political subdivision of the state
when the holding of such office is incompatible with, or
substantially interferes with, the discharge of official duties
in state employment.
(4) For persons employed in state agencies or agencies
of any political subdivision of the state the operation of
which is financed in total or primarily by federal grant-in-aid
funds political activity will be regulated by the rules and
regulations of the United States civil service commission.
(5) The provisions of this section shall supersede all
statutes, charter provisions, ordinances, resolutions, regulations, and requirements promulgated by the state or any
subdivision thereof, including any provision of any county
charter, insofar as they may be in conflict with the provisions of this section. [1974 ex.s. c 136 § 1; 1961 c 1 § 25
(Initiative Measure No. 207, approved November 8, 1960).]
41.06.260 Conflict with federal requirements—
Effect—Rules to conform chapter. If any part of this
chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of
federal funds to the state, such conflicting part of this
chapter is hereby declared to be inoperative solely to the
extent of such conflict and with respect to the agencies directly affected, and such findings or determination shall not
affect the operation of the remainder of this chapter in its
application to the agencies concerned. The board shall make
such rules and regulations as may be necessary to meet
federal requirements which are a condition precedent to the
receipt of federal funds by the state. [1961 c 1 § 26
(Initiative Measure No. 207, approved November 8, 1960).]
41.06.270 Salary withheld unless employment is in
accord with chapter—Certification of payrolls, procedures. (Effective until July 1, 2004.) A disbursing officer
shall not pay any employee holding a position covered by
this chapter unless the employment is in accordance with this
chapter or the rules, regulations and orders issued hereunder.
The board and the director of financial management shall
jointly establish procedures for the certification of payrolls.
[1979 c 151 § 61; 1961 c 1 § 27 (Initiative Measure No.
207, approved November 8, 1960).]
41.06.270 Salary withheld unless employment is in
accord with chapter—Certification of payrolls, procedures. (Effective July 1, 2004.) A disbursing officer shall
not pay any employee holding a position covered by this
chapter unless the employment is in accordance with this
chapter or the rules, regulations and orders issued hereunder.
The directors of personnel and financial management shall
jointly establish procedures for the certification of payrolls.
[Title 41 RCW—page 56]
[2002 c 354 § 217; 1979 c 151 § 61; 1961 c 1 § 27 (Initiative Measure No. 207, approved November 8, 1960).]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.280 Department of personnel service fund—
Created—Charges to agencies, payment—Use, disbursement. There is hereby created a fund within the state
treasury, designated as the "department of personnel service
fund," to be used by the board as a revolving fund for the
payment of salaries, wages, and operations required for the
administration of the provisions of this chapter, applicable
provisions of chapter 41.04 RCW, and chapter 41.60 RCW.
An amount not to exceed one and one-half percent of the
approved allotments of salaries and wages for all positions
in the classified service in each of the agencies subject to
this chapter, except the institutions of higher education, shall
be charged to the operations appropriations of each agency
and credited to the department of personnel service fund as
the allotments are approved pursuant to chapter 43.88 RCW.
Subject to the above limitations, the amount shall be charged
against the allotments pro rata, at a rate to be fixed by the
director from time to time which, together with income
derived from services rendered under RCW 41.06.080, will
provide the department with funds to meet its anticipated
expenditures during the allotment period, including the
training requirements in RCW 41.06.500 and 41.06.530.
The director of personnel shall fix the terms and charges
for services rendered by the department of personnel
pursuant to RCW 41.06.080, which amounts shall be credited
to the department of personnel service fund and charged
against the proper fund or appropriation of the recipient of
such services on a quarterly basis. Payment for services so
rendered under RCW 41.06.080 shall be made on a quarterly
basis to the state treasurer and deposited by him in the
department of personnel service fund.
Moneys from the department of personnel service fund
shall be disbursed by the state treasurer by warrants on
vouchers duly authorized by the board. [1993 c 379 § 309;
1993 c 281 § 34; 1987 c 248 § 4; 1984 c 7 § 45; 1982 c 167
§ 13; 1963 c 215 § 1; 1961 c 1 § 28 (Initiative Measure No.
207, approved November 8, 1960).]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Effective date—1993 c 281: See note following RCW 41.06.022.
Legislative findings—Purpose—1987 c 248: See note following
RCW 41.04.362.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1982 c 167: See note following RCW 41.60.015.
41.06.285 Higher education personnel service fund.
(1) There is hereby created a fund within the state treasury,
designated as the "higher education personnel service fund,"
to be used by the board as a revolving fund for the payment
of salaries, wages, and operations required for the administration of institutions of higher education and related boards,
the budget for which shall be subject to review and approval
and appropriation by the legislature. Subject to the requirements of subsection (2) of this section, an amount not to
exceed one-half of one percent of the salaries and wages for
all positions in the classified service shall be contributed
(2002 Ed.)
State Civil Service Law
from the operations appropriations of each institution and the
state board for community and technical colleges and
credited to the higher education personnel service fund as
such allotments are approved pursuant to chapter 43.88
RCW. Subject to the above limitations, such amount shall
be charged against the allotments pro rata, at a rate to be
fixed by the director of financial management from time to
time, which will provide the board with funds to meet its
anticipated expenditures during the allotment period.
(2) If employees of institutions of higher education
cease to be classified under this chapter pursuant to an
agreement authorized by *RCW 41.56.201, each institution
of higher education and the state board for community and
technical colleges shall continue, for six months after the
effective date of the agreement, to make contributions to the
higher education personnel service fund based on employee
salaries and wages that includes the employees under the
agreement. At the expiration of the six-month period, the
director of financial management shall make across-the-board
reductions in allotments of the higher education personnel
service fund for the remainder of the biennium so that the
charge to the institutions of higher education and state board
for community and technical colleges based on the salaries
and wages of the remaining employees of institutions of
higher education and related boards classified under this
chapter does not increase during the biennium, unless an
increase is authorized by the legislature.
(3) Moneys from the higher education personnel service
fund shall be disbursed by the state treasurer by warrants on
vouchers duly authorized by the board. [1998 c 245 § 41;
1993 c 379 § 308.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
41.06.290 Personnel subject to chapter 47.64 RCW
not affected. Nothing in this chapter shall be interpreted as
changing the provisions of or affecting the conditions of
employment for personnel covered by chapter 47.64 RCW.
[1961 c 1 § 29 (Initiative Measure No. 207, approved
November 8, 1960).]
41.06.340 Determination of appropriate bargaining
units—Unfair labor practices provisions applicable to
chapter. (1) With respect to collective bargaining as authorized by RCW 41.80.001 and 41.80.010 through 41.80.130,
the public employment relations commission created by
chapter 41.58 RCW shall have authority to adopt rules, on
and after June 13, 2002, relating to determination of appropriate bargaining units within any agency. In making such
determination the commission shall consider the duties,
skills, and working conditions of the employees, the history
of collective bargaining by the employees and their bargaining representatives, the extent of organization among the
employees, and the desires of the employees. The public
employment relations commission created in chapter 41.58
RCW shall adopt rules and make determinations relating to
the certification and decertification of exclusive bargaining
representatives.
(2002 Ed.)
41.06.285
(2) Each and every provision of RCW 41.56.140
through 41.56.160 shall be applicable to this chapter as it
relates to state civil service employees.
(3) A collective bargaining agreement entered into under
RCW 41.06.150 before July 1, 2004, covering employees
subject to RCW 41.80.001 and 41.80.010 through 41.80.130
that expires after July 1, 2004, shall remain in full force
during its duration, or until superseded by a collective
bargaining agreement entered into by the parties under RCW
41.80.001 and 41.80.010 through 41.80.130. However, an
agreement entered into before July 1, 2004, may not be
renewed or extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under
RCW 41.80.001 and 41.80.010 through 41.80.130, whichever
is later. [2002 c 354 § 232; 1993 c 281 § 35; 1969 ex.s. c
215 § 13.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.350 Acceptance of federal funds authorized.
(Effective until July 1, 2004.) The Washington personnel
resources board is authorized to receive federal funds now
available or hereafter made available for the assistance and
improvement of public personnel administration, which may
be expended in addition to the department of personnel
service fund established by RCW 41.06.280. [1993 c 281 §
36; 1969 ex.s. c 152 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.350 Acceptance of federal funds authorized.
(Effective July 1, 2004.) The director is authorized to
receive federal funds now available or hereafter made
available for the assistance and improvement of public
personnel administration, which may be expended in addition
to the department of personnel service fund established by
RCW 41.06.280. [2002 c 354 § 218; 1993 c 281 § 36; 1969
ex.s. c 152 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.380 Purchasing services by contract not
prohibited—Limitations. (Effective until July 1, 2005.)
Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing
services by contract with individuals or business entities if
such services were regularly purchased by valid contract by
such department prior to April 23, 1979: PROVIDED, That
no such contract may be executed or renewed if it would
have the effect of terminating classified employees or
classified employee positions existing at the time of the
execution or renewal of the contract. [1979 ex.s. c 46 § 2.]
41.06.380 Purchasing services by contract not prohibited—
Limitations. (Effective until July 1, 2005, if Referendum Bill No. 51 is
approved at the November 2002 general election.) (1) Nothing contained
in this chapter shall prohibit any department, as defined in RCW 41.06.020,
from purchasing services by contract with individuals or business entities
if such services were regularly purchased by valid contract by such
department prior to April 23, 1979: PROVIDED, That no such contract
may be executed or renewed if it would have the effect of terminating
[Title 41 RCW—page 57]
41.06.380
Title 41 RCW: Public Employment, Civil Service, and Pensions
classified employees or classified employee positions existing at the time of
the execution or renewal of the contract.
(2) Nothing contained in this chapter prohibits the department of
transportation from purchasing construction services or construction
engineering services, as those terms are defined in RCW 47.28.240, by
contract from qualified private businesses as specified in RCW
47.28.250(2). [2002 c 5 § 204; 1979 ex.s. c 46 § 2.]
Contingency—2002 c 5 §§ 201-204: See note following RCW
47.28.230.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
41.06.382 Purchasing services by contract not
prohibited—Limitations. (Effective until July 1, 2005.)
Nothing contained in this chapter shall prohibit any institution of higher education, as defined in RCW 28B.10.016, or
related board from purchasing services by contract with
individuals or business entities if such services were regularly purchased by valid contract at such institution prior to
April 23, 1979: PROVIDED, That no such contract may be
executed or renewed if it would have the effect of terminating classified employees or classified employee positions
existing at the time of the execution or renewal of the
contract. [1979 ex.s. c 46 § 1. Formerly RCW 28B.16.240.]
41.06.400 Training and career development programs—Powers and duties of director. (Effective until
July 1, 2004.) (1) In addition to other powers and duties
specified in this chapter, the board shall, by rule, prescribe
the purpose and minimum standards for training and career
development programs and, in so doing, regularly consult
with and consider the needs of individual agencies and
employees.
(2) In addition to other powers and duties specified in
this chapter, the director shall:
(a) Provide for the evaluation of training and career
development programs and plans of agencies based on
minimum standards established by the board. The director
shall report the results of such evaluations to the agency
which is the subject of the evaluation;
(b) Provide training and career development programs
which may be conducted more efficiently and economically
on an interagency basis;
(c) Promote interagency sharing of resources for training
and career development;
(d) Monitor and review the impact of training and career
development programs to ensure that the responsibilities of
the state to provide equal employment opportunities are
diligently carried out. The director shall report to the board
the impact of training and career development programs on
the fulfillment of such responsibilities.
(3) At an agency’s request, the director may provide
training and career development programs for an agency’s
internal use which may be conducted more efficiently and
economically by the department of personnel. [1980 c 118
§ 4.]
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.400 Training and career development programs—Powers and duties of director. (Effective July 1,
2004.) (1) In addition to other powers and duties specified
in this chapter, the director shall, by rule, prescribe the pur[Title 41 RCW—page 58]
pose and minimum standards for training and career development programs and, in so doing, regularly consult with and
consider the needs of individual agencies and employees.
(2) In addition to other powers and duties specified in
this chapter, the director shall:
(a) Provide for the evaluation of training and career
development programs and plans of agencies. The director
shall report the results of such evaluations to the agency
which is the subject of the evaluation;
(b) Provide training and career development programs
which may be conducted more efficiently and economically
on an interagency basis;
(c) Promote interagency sharing of resources for training
and career development;
(d) Monitor and review the impact of training and career
development programs to ensure that the responsibilities of
the state to provide equal employment opportunities are
diligently carried out.
(3) At an agency’s request, the director may provide
training and career development programs for an agency’s
internal use which may be conducted more efficiently and
economically by the department of personnel. [2002 c 354
§ 219; 1980 c 118 § 4.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.410 Training and career development programs—Agency plan—Report—Budget. (Effective until
July 1, 2004.) Each agency subject to the provisions of this
chapter shall:
(1) Prepare an employee training and career development plan which shall at least meet minimum standards
established by the board. A copy of such plan shall be submitted to the director for purposes of administering the
provisions of RCW 41.06.400(2);
(2) Provide for training and career development for its
employees in accordance with the agency plan;
(3) Report on its training and career development
program operations and costs to the director in accordance
with reporting procedures adopted by the board;
(4) Budget for training and career development in
accordance with procedures of the office of financial
management. [1980 c 118 § 5.]
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.410 Agency training and career development
plans—Report—Budget. (Effective July 1, 2004.) Each
agency subject to the provisions of this chapter shall:
(1) Prepare an employee training and career development plan which shall at least meet minimum standards
established by the director. A copy of such plan shall be
submitted to the director for purposes of administering the
provisions of RCW 41.06.400(2);
(2) Provide for training and career development for its
employees in accordance with the agency plan;
(3) Report on its training and career development
program operations and costs to the director in accordance
with reporting procedures adopted by the director;
(2002 Ed.)
State Civil Service Law
(4) Budget for training and career development in
accordance with procedures of the office of financial
management. [2002 c 354 § 220; 1980 c 118 § 5.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.420 Entry-level management training
c o u r s e — R e q uirements—Suspension—Waiver—
Designation of supervisory or management positions. (1)
The board, by rule, shall prescribe the conditions under
which an employee appointed to a supervisory or management position after June 12, 1980, shall be required to
successfully complete an entry-level management training
course as approved by the director. Such training shall not
be required of any employee who has completed a management training course prior to the employee’s appointment
which is, in the judgment of the director, at least equivalent
to the entry-level course required by this section.
(2) The board, by rule, shall establish procedures for the
suspension of the entry-level training requirement in cases
where the ability of an agency to perform its responsibilities
is adversely affected, or for the waiver of this requirement
in cases where a person has demonstrated experience as a
substitute for training.
(3) Agencies subject to the provisions of this chapter, in
accordance with rules prescribed by the board, shall designate individual positions, or groups of positions, as being
"supervisory" or "management" positions. Such designations
shall be subject to review by the director as part of the
director’s evaluation of training and career development
programs prescribed by RCW 41.06.400(2).[1980 c 118 § 6.]
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.450 Destruction or retention of information
relating to employee misconduct. (Effective until July 1,
2004.) (1) By January 1, 1983, the Washington personnel
resources board shall adopt rules applicable to each agency
to ensure that information relating to employee misconduct
or alleged misconduct is destroyed or maintained as follows:
(a) All such information determined to be false and all
such information in situations where the employee has been
fully exonerated of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing
on the employee’s job performance or on the efficient and
effective management of the agency, shall be promptly
destroyed;
(c) All other information shall be retained only so long
as it has a reasonable bearing on the employee’s job performance or on the efficient and effective management of the
agency.
(2) Notwithstanding subsection (1) of this section, an
agency may retain information relating to employee misconduct or alleged misconduct if:
(a) The employee requests that the information be
retained; or
(b) The information is related to pending legal action or
legal action may be reasonably expected to result.
(3) In adopting rules under this section, the Washington
personnel resources board shall consult with the public
disclosure commission to ensure that the public policy of the
(2002 Ed.)
41.06.410
state, as expressed in chapter 42.17 RCW, is adequately
protected. [1993 c 281 § 37; 1982 c 208 § 10.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Legislative finding—Purpose—RCW 41.06.450: "The legislature
finds that, under some circumstances, maintaining information relating to
state employee misconduct or alleged misconduct is unfair to employees and
serves no useful function to the state. The purpose of RCW 41.06.450 is
to direct the personnel board to adopt rules governing maintenance of
employee records so that the records are maintained in a manner which is
fair to employees, which ensures proper management of state governmental
affairs, and which adequately protects the public interest." [1982 c 208 §
9.]
Severability—1982 c 208: See RCW 42.40.900.
Application of public disclosure law to information relating to employee
misconduct: RCW 42.17.295.
Employee inspection of personnel file: RCW 49.12.240 through 49.12.260.
41.06.450 Destruction or retention of information
relating to employee misconduct. (Effective July 1, 2004.)
(1) The director shall adopt rules applicable to each agency
to ensure that information relating to employee misconduct
or alleged misconduct is destroyed or maintained as follows:
(a) All such information determined to be false and all
such information in situations where the employee has been
fully exonerated of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing
on the employee’s job performance or on the efficient and
effective management of the agency, shall be promptly
destroyed;
(c) All other information shall be retained only so long
as it has a reasonable bearing on the employee’s job performance or on the efficient and effective management of the
agency.
(2) Notwithstanding subsection (1) of this section, an
agency may retain information relating to employee misconduct or alleged misconduct if:
(a) The employee requests that the information be
retained; or
(b) The information is related to pending legal action or
legal action may be reasonably expected to result.
(3) In adopting rules under this section, the director
shall consult with the public disclosure commission to ensure
that the public policy of the state, as expressed in chapter
42.17 RCW, is adequately protected. [2002 c 354 § 221;
1993 c 281 § 37; 1982 c 208 § 10.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Legislative finding—Purpose—RCW 41.06.450: "The legislature
finds that, under some circumstances, maintaining information relating to
state employee misconduct or alleged misconduct is unfair to employees and
serves no useful function to the state. The purpose of RCW 41.06.450 is
to direct the personnel board to adopt rules governing maintenance of
employee records so that the records are maintained in a manner which is
fair to employees, which ensures proper management of state governmental
affairs, and which adequately protects the public interest." [1982 c 208 §
9.]
Severability—1982 c 208: See RCW 42.40.900.
Application of public disclosure law to information relating to employee
misconduct: RCW 42.17.295.
Employee inspection of personnel file: RCW 49.12.240 through 49.12.260.
41.06.455 Destruction of employee records authorized if consistent with other laws. RCW 41.06.450 does
[Title 41 RCW—page 59]
41.06.455
Title 41 RCW: Public Employment, Civil Service, and Pensions
not prohibit an agency from destroying identifying information in records relating to employee misconduct or alleged
misconduct if the agency deems the action is consistent with
the policy expressed in RCW 41.06.450 and in chapter 42.17
RCW. [1982 c 208 § 11.]
Severability—1982 c 208: See RCW 42.40.900.
41.06.460 Application of RCW 41.06.450 and
41.06.455 to classified and exempt employees. Notwithstanding RCW 41.06.040, 41.06.450 and 41.06.455
apply to all classified and exempt employees of the state,
including employees of the institutions of higher education.
[1982 c 208 § 12.]
Severability—1982 c 208: See RCW 42.40.900.
41.06.475 State employment in the supervision,
care, or treatment of children or developmentally disabled persons—Rules on background investigation.
(Effective until July 1, 2004.) The Washington personnel
resources board shall adopt rules, in cooperation with the
secretary of social and health services, for the background
investigation of persons being considered for state employment in positions directly responsible for the supervision,
care, or treatment of children or developmentally disabled
persons. [1993 c 281 § 38; 1986 c 269 § 2.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Children and vulnerable adults: RCW 43.43.830 through 43.43.842.
State hospitals: RCW 72.23.035.
Supervision, care, or treatment of children or developmentally disabled or
other vulnerable persons—State employment—Investigation of
conviction records or pending charges: RCW 43.20A.710.
41.06.475 State employment in the supervision,
care, or treatment of children or developmentally disabled persons—Rules on background investigation.
(Effective July 1, 2004.) The director shall adopt rules, in
cooperation with the secretary of social and health services,
for the background investigation of persons being considered
for state employment in positions directly responsible for the
supervision, care, or treatment of children or developmentally disabled persons. [2002 c 354 § 222; 1993 c 281 § 38;
1986 c 269 § 2.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Children and vulnerable adults: RCW 43.43.830 through 43.43.842.
State hospitals: RCW 72.23.035.
Supervision, care, or treatment of children or developmentally disabled or
other vulnerable persons—State employment—Investigation of
conviction records or pending charges: RCW 43.20A.710.
41.06.476 Background investigation rules—
Updating. (1) The board shall amend any existing rules
established under RCW 41.06.475 and adopt rules developed
in cooperation and agreement with the department of social
and health services to implement the provisions of chapter
296, Laws of 2001.
(2) The legislature’s delegation of authority to the
agency under chapter 296, Laws of 2001 is strictly limited
to:
[Title 41 RCW—page 60]
(a) The minimum delegation necessary to administer the
clear and unambiguous directives of chapter 296, Laws of
2001; and
(b) The administration of circumstances and behaviors
foreseeable at *the time of enactment. [2001 c 296 § 6.]
*Reviser’s note: 2001 c 296 attained final passage by the legislature
on April 20, 2001, was signed by the governor and filed with the secretary
of state on May 14, 2001, and took effect July 22, 2001.
Intent—2001 c 296: See note following RCW 9.96A.060.
41.06.480 Background check disqualification—
Policy recommendations. The personnel resources board
must develop policy recommendations addressing the action
that will be taken if a background check result disqualifies
an employee from his or her current position. A report of
the recommendations developed must be delivered to the
legislature by December 1, 2001. [2001 c 296 § 7.]
Intent—2001 c 296: See note following RCW 9.96A.060.
41.06.490 State employee return-to-work program.
(Effective until July 1, 2004.) (1) In addition to the rules
adopted under RCW 41.06.150, the board shall adopt rules
establishing a state employee return-to-work program. The
program shall, at a minimum:
(a) Direct each agency to adopt a return-to-work policy.
The program shall allow each agency program to take into
consideration the special nature of employment in the
agency;
(b) Provide for eligibility in the return-to-work program,
for a minimum of two years from the date the temporary
disability commenced, for any permanent employee who is
receiving compensation under RCW 51.32.090 and who is,
by reason of his or her temporary disability, unable to return
to his or her previous work, but who is physically capable of
carrying out work of a lighter or modified nature;
(c) Allow opportunity for return-to-work state-wide
when appropriate job classifications are not available in the
agency that is the appointing authority at the time of injury;
(d) Require each agency to name an agency representative responsible for coordinating the return-to-work program
of the agency;
(e) Provide that applicants receiving appointments for
classified service receive an explanation of the return-towork policy;
(f) Require training of supervisors on implementation of
the return-to-work policy, including but not limited to
assessment of the appropriateness of the return-to-work job
for the employee; and
(g) Coordinate participation of applicable employee
assistance programs, as appropriate.
(2) The agency full-time equivalents necessary to
implement the return-to-work program established under this
section shall be used only for the purposes of the return-towork program and the net increase in full-time equivalents
shall be temporary. [1990 c 204 § 3.]
Findings—Purpose—1990 c 204: See note following RCW
51.44.170.
41.06.490 State employee return-to-work program.
(Effective July 1, 2004.) (1) In addition to the rules adopted
under RCW 41.06.150, the director shall adopt rules estab(2002 Ed.)
State Civil Service Law
lishing a state employee return-to-work program. The program shall, at a minimum:
(a) Direct each agency to adopt a return-to-work policy.
The program shall allow each agency program to take into
consideration the special nature of employment in the
agency;
(b) Provide for eligibility in the return-to-work program,
for a minimum of two years from the date the temporary
disability commenced, for any permanent employee who is
receiving compensation under RCW 51.32.090 and who is,
by reason of his or her temporary disability, unable to return
to his or her previous work, but who is physically capable of
carrying out work of a lighter or modified nature;
(c) Allow opportunity for return-to-work statewide when
appropriate job classifications are not available in the agency
that is the appointing authority at the time of injury;
(d) Require each agency to name an agency representative responsible for coordinating the return-to-work program
of the agency;
(e) Provide that applicants receiving appointments for
classified service receive an explanation of the return-towork policy;
(f) Require training of supervisors on implementation of
the return-to-work policy, including but not limited to
assessment of the appropriateness of the return-to-work job
for the employee; and
(g) Coordinate participation of applicable employee
assistance programs, as appropriate.
(2) The agency full-time equivalents necessary to
implement the return-to-work program established under this
section shall be used only for the purposes of the return-towork program and the net increase in full-time equivalents
shall be temporary. [2002 c 354 § 223; 1990 c 204 § 3.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings—Purpose—1990 c 204: See note following RCW
51.44.170.
41.06.500 Managers—Rules—Goals. (Effective until
July 1, 2004.) (1) Except as provided in RCW 41.06.070,
notwithstanding any other provisions of this chapter, the
director is authorized to adopt, after consultation with state
agencies and employee organizations, rules for managers as
defined in RCW 41.06.022. These rules shall not apply to
managers employed by institutions of higher education or
related boards or whose positions are exempt. The rules
shall govern recruitment, appointment, classification and
allocation of positions, examination, training and career
development, hours of work, probation, certification, compensation, transfer, affirmative action, promotion, layoff,
reemployment, performance appraisals, discipline, and any
and all other personnel practices for managers. These rules
shall be separate from rules adopted by the board for other
employees, and to the extent that the rules adopted apply
only to managers shall take precedence over rules adopted
by the board, and are not subject to review by the board.
(2) In establishing rules for managers, the director shall
adhere to the following goals:
(a) Development of a simplified classification system
that facilitates movement of managers between agencies and
promotes upward mobility;
(2002 Ed.)
41.06.490
(b) Creation of a compensation system consistent with
the policy set forth in RCW 41.06.150(14). The system
shall provide flexibility in setting and changing salaries, and
shall require review and approval by the director in the case
of any salary changes greater than five percent proposed for
any group of employees;
(c) Establishment of a performance appraisal system that
emphasizes individual accountability for program results and
efficient management of resources; effective planning,
organization, and communication skills; valuing and managing workplace diversity; development of leadership and
interpersonal abilities; and employee development;
(d) Strengthening management training and career
development programs that build critical management
knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by
enabling them to share in workplace decision making and to
be innovative, willing to take risks, and able to accept and
deal with change; promoting a workplace where the overall
focus is on the recipient of the government services and how
these services can be improved; and enhancing mobility and
career advancement opportunities;
(e) Permitting flexible recruitment and hiring procedures
that enable agencies to compete effectively with other
employers, both public and private, for managers with
appropriate skills and training; allowing consideration of all
qualified candidates for positions as managers; and achieving
affirmative action goals and diversity in the workplace;
(f) Providing that managers may only be reduced,
dismissed, suspended, or demoted for cause; and
(g) Facilitating decentralized and regional administration. [2002 c 354 § 242; 1996 c 319 § 4; 1993 c 281 § 9.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.500 Managers—Rules—Goals. (Effective July
1, 2004.) (1) Except as provided in RCW 41.06.070,
notwithstanding any other provisions of this chapter, the
director is authorized to adopt, after consultation with state
agencies and employee organizations, rules for managers as
defined in RCW 41.06.022. These rules shall not apply to
managers employed by institutions of higher education or
related boards or whose positions are exempt. The rules
shall govern recruitment, appointment, classification and
allocation of positions, examination, training and career
development, hours of work, probation, certification, compensation, transfer, affirmative action, promotion, layoff,
reemployment, performance appraisals, discipline, and any
and all other personnel practices for managers. These rules
shall be separate from rules adopted for other employees,
and to the extent that the rules adopted under this section
apply only to managers shall take precedence over rules
adopted for other employees, and are not subject to review
by the board.
(2) In establishing rules for managers, the director shall
adhere to the following goals:
(a) Development of a simplified classification system
that facilitates movement of managers between agencies and
promotes upward mobility;
[Title 41 RCW—page 61]
41.06.500
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) Creation of a compensation system that provides
flexibility in setting and changing salaries, and shall require
review and approval by the director in the case of any salary
changes greater than five percent proposed for any group of
employees;
(c) Establishment of a performance appraisal system that
emphasizes individual accountability for program results and
efficient management of resources; effective planning,
organization, and communication skills; valuing and managing workplace diversity; development of leadership and
interpersonal abilities; and employee development;
(d) Strengthening management training and career
development programs that build critical management
knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by
enabling them to share in workplace decision making and to
be innovative, willing to take risks, and able to accept and
deal with change; promoting a workplace where the overall
focus is on the recipient of the government services and how
these services can be improved; and enhancing mobility and
career advancement opportunities;
(e) Permitting flexible recruitment and hiring procedures
that enable agencies to compete effectively with other
employers, both public and private, for managers with
appropriate skills and training; allowing consideration of all
qualified candidates for positions as managers; and achieving
affirmative action goals and diversity in the workplace;
(f) Providing that managers may only be reduced,
dismissed, suspended, or demoted for cause; and
(g) Facilitating decentralized and regional administration. [2002 c 354 § 243; 2002 c 354 § 242; 1996 c 319 § 4;
1993 c 281 § 9.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.510 Institutions of higher education—
Designation of personnel officer. Each institution of higher
education and each related board shall designate an officer
who shall perform duties as personnel officer. The personnel officer at each institution or related board shall direct,
supervise, and manage administrative and technical personnel
activities for the classified service at the institution or related
board consistent with policies established by the institution
or related board and in accordance with the provisions of
this chapter and the rules adopted under this chapter. Institutions may undertake jointly with one or more other
institutions to appoint a person qualified to perform the
duties of personnel officer, provide staff and financial
support and may engage consultants to assist in the performance of specific projects. The services of the department
of personnel may also be used by the institutions or related
boards pursuant to RCW 41.06.080.
The state board for community and technical colleges
shall have general supervision and control over activities
undertaken by the various community colleges pursuant to
this section. [1993 c 281 § 10.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.520 Administration, management of institutions of higher education—Rules—Audit and review by
[Title 41 RCW—page 62]
board. (Effective until July 1, 2004.) Rules adopted by the
board shall provide for local administration and management
by the institutions of higher education and related boards,
subject to periodic audit and review by the board, of the
following:
(1) Appointment, promotion, and transfer of employees;
(2) Dismissal, suspension, or demotion of an employee;
(3) Examinations for all positions in the competitive and
noncompetitive service;
(4) Probationary periods of six to twelve months and
rejection of probationary employees;
(5) Sick leaves and vacations;
(6) Hours of work;
(7) Layoffs when necessary and subsequent reemployment;
(8) Allocation and reallocation of positions within the
classification plans;
(9) Training programs; and
(10) Maintenance of personnel records. [1993 c 281 §
11.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.530 Personnel resource and management
policy—Implementation. (1) The legislature recognizes
that:
(a) The labor market and the state government work
force are diverse in terms of gender, race, ethnicity, age, and
the presence of disabilities.
(b) The state’s personnel resource and management
practices must be responsive to the diverse nature of its work
force composition.
(c) Managers in all agencies play a key role in the
implementation of all critical personnel policies.
It is therefore the policy of the state to create an
organizational culture in state government that respects and
values individual differences and encourages the productive
potential of every employee.
(2) To implement this policy, the department shall:
(a) In consultation with agencies, employee organizations, employees, institutions of higher education, and related
boards, review civil service rules and related policies to
ensure that they support the state’s policy of valuing and
managing diversity in the workplace;
(b) In consultation with agencies, employee organizations, and employees, institutions of higher education, and
related boards, develop model policies, procedures, and
technical information to be made available to such entities
for the support of workplace diversity programs, including,
but not limited to:
(i) Voluntary mentorship programs;
(ii) Alternative testing practices for persons of disability
where deemed appropriate;
(iii) Career counseling;
(iv) Training opportunities, including management and
employee awareness and skills training, English as a second
language, and individual tutoring;
(v) Recruitment strategies;
(vi) Management performance appraisal techniques that
focus on valuing and managing diversity in the workplace;
and
(vii) Alternative work arrangements;
(2002 Ed.)
State Civil Service Law
(c) In consultation with agencies, employee organizations, and employees, institutions of higher education, and
related boards, develop training programs for all managers
to enhance their ability to implement diversity policies and
to provide a thorough grounding in all aspects of the state
civil service law and merit system rules, and how the proper
implementation and application thereof can facilitate and
further the mission of the agency.
(3) The department shall coordinate implementation of
this section with the office of financial management and
institutions of higher education and related boards to reduce
duplication of effort. [1993 c 281 § 12.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.540 Joint employee-management committees.
Meaningful and effective involvement of employees and
their representatives is essential to the efficient and effective
delivery of state government services. To accomplish this,
agencies shall use joint employee-management committees
to collaborate on the desired goals of streamlined organizational structures, continuous improvement in all systems and
processes, empowerment of line level employees to solve
workplace and system delivery problems, managers functioning as coaches and facilitators, and employee training and
development as an investment in the future. If employees
are represented by an exclusive bargaining representative, the
representative shall select the employee committee members
and also be on the committee. In addition, the committees
shall be used for improvement of the quality of work life for
state employees resulting in more productive and efficient
service delivery to the general public and customers of state
government. Nothing in this section supplants any collective
bargaining process or provision. [1993 c 281 § 13.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.900 Short title. This chapter shall be referred
to as the state civil service law. [1961 c 1 § 34 (Initiative
Measure No. 207, approved November 8, 1960).]
41.06.910 Severability—1961 c 1. If any provision
of this act or the application thereof is held invalid, such
invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provision or application, and to this end any section, sentence, or
word is declared to be severable. [1961 c 1 § 35 (Initiative
Measure No. 207, approved November 8, 1960).]
41.06.911 Severability—1975-’76 2nd ex.s. c 43. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other
persons or circumstances is not affected. [1975-’76 2nd
ex.s. c 43 § 5.]
41.06.530
Chapter 41.07
CENTRAL PERSONNEL-PAYROLL SYSTEM
Sections
41.07.010
41.07.020
41.07.030
41.07.900
41.07.901
Definitions.
Administration, maintenance and operation of system—
Intent.
Costs.
Transfer of personnel, records, equipment, etc.
Effective date—1975 1st ex.s. c 239.
41.07.010 Definitions. (1) As used in this chapter
"state agency" means all offices, departments, agencies,
institutions, boards, and commissions of state government
including those headed by an elected official and including
institutions of higher education.
(2) As used in this chapter "central personnel-payroll
system" means an automated data processing system capable
of keeping records and processing necessary transactions in
the process of employing persons, changing their employment status, and paying employees of any or all state
agencies. Such system shall include production of reports
and documents required or authorized by state or federal
agencies. [1975 1st ex.s. c 239 § 1.]
41.07.020 Administration, maintenance and operation of system—Intent. The department of personnel is
authorized to administer, maintain, and operate the central
personnel-payroll system and to provide its services for any
state agency designated jointly by the director of the department of personnel and the director of financial management.
The system shall be operated through state data processing centers. State agencies shall convert personnel and
payroll processing to the central personnel-payroll system as
soon as administratively and technically feasible as determined by the office of financial management and the
department of personnel. It is the intent of the legislature to
provide, through the central personnel-payroll system, for
uniform reporting to the office of financial management and
to the legislature regarding salaries and related costs, and to
reduce present costs of manual procedures in personnel and
payroll record keeping and reporting. [1979 c 151 § 62;
1975 1st ex.s. c 239 § 2.]
41.07.030 Costs. The costs of administering, maintaining, and operating the central personnel-payroll system
shall be distributed to the using state agencies. In order to
insure proper and equitable distribution of costs the department of personnel shall utilize cost accounting procedures to identify all costs incurred in the administration,
maintenance, and operation of the central personnel-payroll
system. In order to facilitate proper and equitable distribution of costs to the using state agencies the department of
personnel is authorized to utilize the data processing revolving fund created by RCW 43.105.080 and the department of
personnel service fund created by RCW 41.06.280. [1975
1st ex.s. c 239 § 3.]
41.07.900 Transfer of personnel, records, equipment, etc. On October 1, 1975, or at such earlier time as
may be mutually agreed upon by the director of general
administration and the director of personnel, the staff of the
(2002 Ed.)
[Title 41 RCW—page 63]
41.07.900
Title 41 RCW: Public Employment, Civil Service, and Pensions
data processing service center engaged in payroll data
control and payroll data entry along with such records, files,
data, materials, equipment, supplies, and other assets as are
directly associated with their function shall be transferred to
the department of personnel. [1975 1st ex.s. c 239 § 4.]
other local acts of said cities or towns providing for civil
service for firemen as referred to in RCW 41.08.010, in that
event this chapter shall apply to all of such cities and towns
which have at any time abolished civil service for members
of the fire department. [1935 c 31 § 2; RRS § 9558-2.]
41.07.901 Effective date—1975 1st ex.s. c 239. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1975. [1975 1st ex.s. c 239 § 6.]
41.08.030 Civil service commission created—
Appointment—Terms—Removal—Quorum. There is
hereby created in every city, town or municipality except
those referred to in RCW 41.08.010, having a full paid fire
department a civil service commission which shall be
composed of three persons.
The members of such commission shall be appointed by
the person or group of persons who, acting singly or in
conjunction, as a mayor, city manager, council, common
council, commission, or otherwise, is or are vested by law
with power and authority to select, appoint, or employ the
chief of a fire department in any such city, prior to the
enactment of this chapter. The members of such commission shall serve without compensation. No person shall be
appointed a member of such commission who is not a citizen
of the United States, a resident of such city for at least three
years immediately preceding such appointment, and an
elector of the county wherein he resides. The term of office
of such commissioners shall be for six years, except that the
first three members of such commission shall be appointed
for different terms, as follows: One to serve for a period of
two years, one to serve for a period of four years, and one
to serve for a period of six years. Any member of such
commission may be removed from office for incompetency,
incompatibility or dereliction of duty, or malfeasance in
office, or other good cause: PROVIDED, HOWEVER, That
no member of the commission shall be removed until
charges have been preferred, in writing, due notice and a full
hearing had. The members of such commission shall devote
due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter.
Two members of such commission shall constitute a quorum
and the votes of any two members of such commission
concurring shall be sufficient for the decision of all matters
and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of
this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be
required. At the time of any appointment not more than two
commissioners shall be adherents of the same political party.
[1935 c 31 § 3; RRS § 9558-3.]
Chapter 41.08
CIVIL SERVICE FOR CITY FIREMEN
Sections
41.08.010
41.08.020
41.08.030
Application of chapter.
Excluded cities—Repeal of local law—Effect.
Civil service commission created—Appointment—Terms—
Removal—Quorum.
41.08.040 Organization of commission—Secretary—Powers and duties
of commission.
41.08.050 Persons included—Competitive examinations—Transfers,
discharges, and reinstatements.
41.08.060 Existing firemen blanketed under civil service.
41.08.070 Qualifications of applicants.
41.08.075 Residency as condition of employment—Discrimination
because of lack of residency—Prohibited.
41.08.080 Tenure of employment—Grounds for discharge, reduction,
or deprivation of privileges.
41.08.090 Procedure for removal, suspension, demotion or discharge—
Investigation—Hearing—Appeal.
41.08.100 Filling of vacancies—Probationary period.
41.08.110 Power to create offices, make appointments and fix salaries
not infringed.
41.08.120 Approval of payrolls.
41.08.130 Leaves of absence—Notice—Filling vacancy.
41.08.140 Enforcement by civil action—Legal counsel.
41.08.150 Deceptive practices, false marks, etc., prohibited.
41.08.160 Political contributions and services—Not required—
Solicitation and coercion prohibited.
41.08.170 Local legislation required—Penalty.
41.08.180 Office and supplies to be furnished—Penalty for not providing.
41.08.183 Time limit for creation of commission—Penalty.
41.08.185 Duty of commission to organize and function—Penalty for
violation.
41.08.190 Cooperation of city officers and employees enjoined.
41.08.200 Appropriation for expenses.
41.08.210 Penalty—Jurisdiction.
41.08.220 Definitions.
41.08.900 Severability—1935 c 31.
41.08.910 Repeal.
Civil service for employees of fire protection districts: RCW 52.30.040.
41.08.010 Application of chapter. The provisions of
this chapter shall have no application to cities and towns
which at the present time have provided for civil service in
the fire department or which shall subsequently provide for
civil service in the fire department by local charter or other
regulations which said local charter or regulations substantially accomplish the purpose of this chapter. [1935 c 31 §
1; RRS § 9558-1.]
41.08.020 Excluded cities—Repeal of local law—
Effect. If any of the cities or towns referred to in RCW
41.08.010 shall at any time repeal the charter provisions or
[Title 41 RCW—page 64]
41.08.040 Organization of commission—Secretary—
Powers and duties of commission. Immediately after
appointment the commission shall organize by electing one
of its members chair and hold regular meetings at least once
a month, and such additional meetings as may be required
for the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who
shall keep the records of the commission, preserve all reports
made to it, superintend and keep a record of all examinations
held under its direction, and perform such other duties as the
commission may prescribe.
The secretary and chief examiner shall be appointed as
a result of competitive examination which examination may
(2002 Ed.)
Civil Service for City Firemen
be either original and open to all properly qualified citizens
of the city, town or municipality, or promotional and limited
to persons already in the service of the fire department or of
the fire department and other departments of said city, town
or municipality, as the commission may decide. The
secretary and chief examiner may be subject to suspension,
reduction or discharge in the same manner and subject to the
same limitations as are provided in the case of members of
the fire department. It shall be the duty of the civil service
commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. Such rules and
regulations shall provide in detail the manner in which
examinations may be held, and appointments, promotions,
transfers, reinstatements, demotions, suspensions and
discharges shall be made, and may also provide for any
other matters connected with the general subject of personnel
administration, and which may be considered desirable to
further carry out the general purposes of this chapter, or
which may be found to be in the interest of good personnel
administration. Such rules and regulations may be changed
from time to time. The rules and regulations and any
amendments thereof shall be printed, mimeographed or
multigraphed for free public distribution. Such rules and
regulations may be changed from time to time.
(2) All tests shall be practical, and shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness
and/or of manual skill.
(3) The rules and regulations adopted by the commission shall provide for a credit in accordance with RCW
41.04.010 in favor of all applicants for appointment under
civil service, who, in time of war, or in any expedition of
the armed forces of the United States, have served in and
been honorably discharged from the armed forces of the
United States, including the army, navy, and marine corps
and the American Red Cross. These credits apply to
entrance examinations only.
(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and
effect of the provisions of this chapter, and the rules and
regulations prescribed hereunder; inspect all institutions,
departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and
all such rules and regulations are being obeyed. Such
investigations may be made by the commission or by any
commissioner designated by the commission for that purpose. Not only must these investigations be made by the
commission as aforesaid, but the commission must make like
investigation on petition of a citizen, duly verified, stating
that irregularities or abuses exist, or setting forth in concise
language, in writing, the necessity for such investigation. In
the course of such investigation the commission or designated commissioner, or chief examiner, shall have the power to
administer oaths, subpoena and require the attendance of
witnesses and the production by them of books, papers,
documents and accounts appertaining to the investigation and
also to cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law
for like depositions in civil actions in the superior court; and
the oaths administered hereunder and the subpoenas issued
(2002 Ed.)
41.08.040
hereunder shall have the same force and effect as the oaths
administered by a superior court judge in his or her judicial
capacity; and the failure upon the part of any person so
subpoenaed to comply with the provisions of this section
shall be deemed a violation of this chapter, and punishable
as such.
(5) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be
governed by this chapter and by rules of practice and
procedure to be adopted by the commission, and in the
conduct thereof neither the commission, nor designated
commissioner shall be bound by the technical rules of
evidence. No informality in any proceedings or hearing, or
in the manner of taking testimony before the commission or
designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the
commission: PROVIDED, HOWEVER, That no order,
decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be
of any force or effect whatsoever unless and until concurred
in by at least one of the other two members.
(6) To hear and determine appeals or complaints
respecting the administrative work of the personnel department; appeals upon the allocation of positions; the rejection
of an examination, and such other matters as may be referred
to the commission.
(7) Establish and maintain in card or other suitable form
a roster of officers and employees.
(8) Provide for, formulate and hold competitive tests to
determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions,
and to provide that persons laid off because of curtailment
of expenditures, reduction in force, and for like causes, head
the list in the order of their seniority, to the end that they
shall be the first to be reemployed.
(9) When a vacant position is to be filled, to certify to
the appointing authority, on written request, the name of the
person highest on the eligible list for the class. If there are
no such lists, to authorize provisional or temporary appointment list of such class. Such temporary or provisional
appointment shall not continue for a period longer than four
months; nor shall any person receive more than one provisional appointment or serve more than four months as a
provisional appointee in any one fiscal year.
(10) Keep such records as may be necessary for the
proper administration of this chapter. [1993 c 47 § 4; 1973
1st ex.s. c 154 § 60; 1935 c 31 § 5; RRS § 9558-5.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Preferred rights in employment, examinations, appointments, etc., limited to
actual members of armed forces: RCW 73.04.090.
Veterans’ scoring criteria status in examinations: RCW 41.04.010.
41.08.050 Persons included—Competitive examinations—Transfers, discharges, and reinstatements. The
classified civil service and provisions of this chapter shall
include all full paid employees of the fire department of each
city, town or municipality coming within its purview, except
that individuals appointed as fire chief after July 1, 1987,
may be excluded by the legislative body of the city, town, or
municipality. All appointments to and promotions in said
[Title 41 RCW—page 65]
41.08.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
department shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive
examination and impartial investigation. No person shall be
reinstated in, or transferred, suspended or discharged from
any such place, position or employment contrary to the
provisions of this chapter. [1987 c 339 § 1; 1935 c 31 § 4;
RRS § 9558-4.]
Severability—Effective date—1987 c 339: See notes following
RCW 35.21.333.
41.08.060 Existing firemen blanketed under civil
service. For the benefit of the public service and to prevent
delay, injury, or interruption therein by reason of the
enactment of this chapter, all persons holding a position in
the fire department of any such city, including the chief
thereof, when this chapter takes effect, who shall have
served in such position for a period of at least six months
last past continuously, are hereby declared eligible for
permanent appointment under civil service to the offices,
places, positions or employments which they shall then hold,
respectively, without examination or other act on their part,
and not on probation; and every such person is hereby
automatically adopted and inducted permanently into civil
service, into such office, place, position or employment
which such person then holds as completely and effectually
to all intents and purposes as if such person had been
permanently appointed thereto under civil service after
examination and investigation. [1935 c 31 § 6; RRS §
9558-6.]
41.08.070 Qualifications of applicants. An applicant
for a position of any kind under civil service, must be a
citizen of the United States of America who can read and
write the English language.
An applicant for a position of any kind under civil
service must be of an age suitable for the position applied
for, in ordinary good health, of good moral character and of
temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. [1972 ex.s. c 37 § 2; 1963 c 95 § 1; 1935 c 31 § 7;
RRS § 9558-7.]
Purpose—1972 ex.s. c 37: "It is the purpose of this 1972 amendatory
act to increase the availability of qualified applicants for employment in
positions of public safety in municipal government; namely, firemen and
policemen; and to eliminate present inequities that result from the application of residency requirements under existing statutes pertaining to such
employment." [1972 ex.s. c 37 § 1.]
41.08.075 Residency as condition of employment—
Discrimination because of lack of residency—Prohibited.
No city, town, or municipality shall require any person
applying for or holding an office, place, position, or employment under the provisions of this chapter or under any local
charter or other regulations described in RCW 41.08.010 to
reside within the limits of such municipal corporation as a
condition of employment, or to discriminate in any manner
against any such person because of his residence outside of
the limits of such city, town, or municipality. [1972 ex.s. c
37 § 4.]
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
[Title 41 RCW—page 66]
41.08.080 Tenure of employment—Grounds for
discharge, reduction, or deprivation of privileges. The
tenure of every one holding an office, place, position or
employment under the provisions of this chapter shall be
only during good behavior, and any such person may be
removed or discharged, suspended without pay, demoted, or
reduced in rank, or deprived of vacation privileges or other
special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or
dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission
tending to injure the public service; or any other wilful
failure on the part of the employee to properly conduct
himself; or any wilful violation of the provisions of this
chapter or the rules and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial
conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid or preparation to
such extent that the use thereof interferes with the efficiency
or mental or physical fitness of the employee, or which
precludes the employee from properly performing the functions and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commissioners is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1935 c 31 § 8; RRS § 9558-8.]
41.08.090 Procedure for removal, suspension,
demotion or discharge—Investigation—Hearing—Appeal.
No person in the classified civil service who shall have been
permanently appointed or inducted into civil service under
provisions of this chapter, shall be removed, suspended,
demoted or discharged except for cause, and only upon the
written accusation of the appointing power, or any citizen or
taxpayer, a written statement of which accusation, in general
terms, shall be served upon the accused, and a duplicate filed
with the commission. Any person so removed, suspended,
demoted or discharged may within ten days from the time of
his removal, suspension, demotion or discharge, file with the
commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the
question of whether such removal, suspension, demotion or
discharge was or was not made for political or religious
reasons and was or was not made in good faith [f]or cause.
After such investigation the commission may affirm the
removal, or if it shall find that the removal, suspension, or
demotion was made for political or religious reasons, or was
not made in good faith for cause, shall order the immediate
reinstatement or reemployment of such person in the office,
place, position or employment from which such person was
removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion,
be retroactive, and entitle such person to pay or compensa(2002 Ed.)
Civil Service for City Firemen
tion from the time of such removal, suspension, demotion or
discharge. The commission upon such investigation, in lieu
of affirming the removal, suspension, demotion or discharge
may modify the order of removal, suspension, demotion or
discharge by directing a suspension, without pay, for a given
period, and subsequent restoration to duty, or demotion in
classification, grade, or pay; the findings of the commission
shall be certified, in writing to the appointing power, and
shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to
the provisions of this section shall be by public hearing, after
reasonable notice to the accused of the time and place of
such hearing, at which hearing the accused shall be afforded
an opportunity of appearing in person and by counsel, and
presenting his defense. If such judgment or order be
concurred in by the commission or a majority thereof, the
accused may appeal therefrom to the court of original and
unlimited jurisdiction in civil suits of the county wherein he
resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or
order, a written notice of appeal, stating the grounds thereof,
and demanding that a certified transcript of the record and of
all papers on file in the office of the commission affecting
or relating to such judgment or order, be filed by the
commission with such court. The commission shall, within
ten days after the filing of such notice, make, certify and file
such transcript with such court. The court of original and
unlimited jurisdiction in civil suits shall thereupon proceed
to hear and determine such appeal in a summary manner:
PROVIDED, HOWEVER, That such hearing shall be
confined to the determination of whether the judgment or
order of removal, discharge, demotion or suspension made
by the commission, was or was not made in good faith for
cause, and no appeal to such court shall be taken except
upon such ground or grounds. [1935 c 31 § 9; RRS § 95589.]
41.08.100 Filling of vacancies—Probationary period.
Whenever a position in the classified service becomes
vacant, the appointing power, if it desires to fill the vacancy,
shall make requisition upon the commission for the name
and address of a person eligible for appointment thereto.
The commission shall certify the name of the person highest
on the eligible list for the class to which the vacant position
has been allocated, who is willing to accept employment. If
there is no appropriate eligible list for the class, the commission shall certify the name of the person standing highest on
said list held appropriate for such class. If more than one
vacancy is to be filled an additional name shall be certified
for each additional vacancy. The appointing power shall
forthwith appoint such person to such vacant position.
Whenever requisition is to be made, or whenever a
position is held by a temporary appointee and an eligible list
for the class of such position exists, the commission shall
forthwith certify the name of the person eligible for appointment to the appointing power, and said appointing power
shall forthwith appoint the person so certified to said
position. No person so certified shall be laid off, suspended,
or given leave of absence from duty, transferred or reduced
in pay or grade, except for reasons which will promote the
good of the service, specified in writing, and after an
(2002 Ed.)
41.08.090
opportunity to be heard by the commission and then only
with its consent and approval.
To enable the appointing power to exercise a choice in
the filling of positions, no appointment, employment or
promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of
three to six months’ probationary service, as may be provided in the rules of the civil service commission during which
the appointing power may terminate the employment of the
person certified to him, or it, if during the performance test
thus afforded, upon observation or consideration of the
performance of duty, the appointing power deems him unfit
or unsatisfactory for service in the department. Whereupon
the appointing power shall designate the person certified as
standing next highest on any such list and such person shall
likewise enter upon said duties until some person is found
who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be
deemed to be complete. [1935 c 31 § 11; RRS § 9558-11.]
41.08.110 Power to create offices, make appointments and fix salaries not infringed. All offices, places,
positions and employments coming within the purview of
this chapter, shall be created by the person or group of
persons who, acting singly or in conjunction, as a mayor,
city manager, chief, common council, commission or otherwise, is or are vested by law with power and authority to
select, appoint, or employ any person coming within the
purview of this chapter, and nothing herein contained shall
infringe upon the power and authority of any such person or
group of persons, or appointing power, to fix the salaries and
compensation of all employees employed hereunder. [1935
c 31 § 12; RRS § 9558-12.]
41.08.120 Approval of payrolls. No treasurer,
auditor, comptroller or other officer or employee of any city,
town or municipality in which this chapter is effective, shall
approve the payment of or be in any manner concerned in
paying, auditing or approving any salary, wage or other
compensation for services, to any person subject to the
jurisdiction and scope of this chapter, unless a payroll,
estimate or account for such salary, wage or other compensation, containing the names of the persons to be paid, the
amount to be paid to each such person, the services on
account of which same is paid, and any other information
which, in the judgment of the civil service commission,
should be furnished on said payroll, bears the certificate of
the civil service commission or of its secretary or other duly
authorized agent, that the persons named in such payroll,
estimate or account have been appointed or employed in
compliance with the terms of this chapter and with the rules
of the commission, and that the said payroll, estimate or
account is, so far as known to the said commission, a true
and accurate statement. The commission shall refuse to
certify the pay of any public officer or employee whom it
finds to be illegally or improperly appointed, and may
further refuse to certify the pay of any public officer or
employee who shall wilfully or through culpable negligence
violate or fail to comply with this chapter or with the rules
of the commission. [1935 c 31 § 13; RRS § 9558-13.]
[Title 41 RCW—page 67]
41.08.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.08.130 Leaves of absence—Notice—Filling
vacancy. Leave of absence, without pay, may be granted by
any appointing power to any person under civil service:
PROVIDED, That such appointing power shall give notice
of such leave to the commission. All temporary employment
caused by leaves of absence shall be made from the eligible
list of the classified civil service. [1935 c 31 § 14; RRS §
9558-14.]
41.08.140 Enforcement by civil action—Legal
counsel. It shall be the duty of the commission to begin and
conduct all civil suits which may be necessary for the proper
enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by
the chief legal officer of the city, but said commission may
in any case be represented by special counsel appointed by
it. [1935 c 31 § 15; RRS § 9558-15.]
41.08.150 Deceptive practices, false marks, etc.,
prohibited. No commissioner or any other person, shall, by
himself or in cooperation with one or more persons, defeat,
deceive, or obstruct any person in respect of his right of
examination or registration according to the rules and
regulations of this chapter, or falsely mark, grade, estimate
or report upon the examination or proper standing of any
person examined, registered or certified pursuant to the
provisions of this chapter, or aid in so doing, or make any
false representation concerning the same, or concerning the
person examined, or furnish any person any special or secret
information for the purpose of improving or injuring the
prospects or chances of any person so examined, registered
or certified, or to be examined, registered or certified or
persuade any other person, or permit or aid in any manner
any other person to personate him, in connection with any
examination or registration or application or request to be
examined or registered. [1935 c 31 § 16; RRS § 9558-16.]
41.08.160 Political contributions and services—Not
required—Solicitation and coercion prohibited. No
person holding any office, place, position or employment
subject to civil service, is under any obligation to contribute
to any political fund or to render any political service to any
person or party whatsoever, and no person shall be removed,
reduced in grade or salary, or otherwise prejudiced for
refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner
change the official rank, employment or compensation of
any person under civil service, or promise or threaten so to
do, for giving or withholding, or neglecting to make any
contribution of money, or services, or any other valuable
thing, for any political purpose. [1935 c 31 § 17; RRS §
9558-17.]
Political activities of public employees: RCW 41.06.250.
41.08.170 Local legislation required—Penalty. The
various cities affected by the provisions of this chapter, shall,
immediately upon the taking effect thereof, enact appropriate
legislation for carrying this chapter into effect, and the
failure upon the part of the duly constituted authorities of
any such city so to do shall be considered a violation of this
[Title 41 RCW—page 68]
chapter and be punishable as such. [1935 c 31 § 18; RRS
§ 9558-18.]
41.08.180 Office and supplies to be furnished—
Penalty for not providing. The duly constituted authorities
of each and every city coming within the purview of this
chapter, shall provide the commission with suitable and
convenient rooms and accommodations and cause the same
to be furnished, heated and lighted and supplied with all
office supplies and equipment necessary to carry on the
business of the commission and with such clerical assistance
as may be necessary, all of which is to be commensurate
with the number of persons in each such city coming within
the purview of this chapter; and the failure upon the part of
the duly constituted authorities to do so, shall be considered
a violation of this chapter and shall be punishable as such.
[1935 c 31 § 19; RRS § 9558-19.]
41.08.183 Time limit for creation of commission—
Penalty. In ninety days after the taking effect of this
chapter, it shall be the duty of the duly constituted authorities in each such city, subject to the provisions of this
chapter, to appoint and create a civil service commission as
provided for in RCW 41.08.010, and the failure upon the
part of said duly constituted authorities, or any of them, so
to do, shall be deemed a violation of this chapter, and shall
be punishable as such. [1935 c 31 § 20; RRS § 9558-20.]
41.08.185 Duty of commission to organize and
function—Penalty for violation. It shall be the duty of
each commission appointed subject to the provisions of this
chapter, to immediately organize and see to it that the
provisions thereof are carried into effect, and to this end to
make suitable rules and regulations not inconsistent with the
purpose of this chapter, for the purpose of carrying the
provisions thereof into effect; and the failure upon the part
of said commission, or any individual member thereof to do
so, shall be deemed a violation of this chapter, and shall be
punishable as such. [1935 c 31 § 21; RRS § 9558-21.]
41.08.190 Cooperation of city officers and employees enjoined. It shall be the duty of all officers and
employees of any such city to aid in all proper ways of
carrying out the provisions of this chapter, and such rules
and regulations as may, from time to time, be prescribed by
the commission thereunder and to afford the commission, its
members and employees, all reasonable facilities and assistance to inspect all books, papers, documents and accounts
applying or in any way appertaining to any and all offices,
places, positions and employments, subject to civil service,
and also to produce said books, papers, documents and accounts, and attend and testify, whenever required so to do by
the commission or any commissioner. [1935 c 31 § 10;
RRS § 9558-10.]
41.08.200 Appropriation for expenses. For the
purpose of carrying out the provisions of this chapter, such
city, town or municipality is hereby authorized to appropriate
from the general fund not to exceed four-tenths of one
percent of the total payroll of those included under the
jurisdiction and scope of the chapter: PROVIDED, HOW(2002 Ed.)
Civil Service for City Firemen
EVER, That if the city council or other proper legislative
body shall make an appropriation for the support of said
commission equal to or more than the said continuing
appropriation in any year, this section shall not be operative
for said year but otherwise shall be in full force and effect.
[1935 c 31 § 22; RRS § 9558-22.]
41.12.050
41.08.210 Penalty—Jurisdiction. Any person who
shall wilfully violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than
one hundred dollars and by imprisonment in the county jail
for not longer than thirty days, or by both such fine and
imprisonment. The court of original and unlimited jurisdiction in civil suits shall have jurisdiction of all such offenses
defined by this chapter. [1935 c 31 § 23; RRS § 9558-23.]
41.12.100
41.12.110
41.08.220 Definitions. As used in this chapter, the
following mentioned terms shall have the following described meanings:
The term "commission" means the civil service commission herein created, and the term "commissioner" means any
one of the three commissioners of that commission.
The term "appointing power" includes every person or
group of persons who, acting singly or in conjunction, as a
mayor, city manager, council, common council, commission,
or otherwise, is or are, vested by law with power and
authority to select, appoint, or employ any person to hold
any office, place, position or employment subject to civil
service.
The term "appointment" includes all means of selection,
appointing or employing any person to hold any office,
place, position or employment subject to civil service.
The term "city" includes all cities, towns and municipalities having a full paid fire department.
The term "full paid fire department" means that the
officers and firemen employed in such are paid regularly by
the city and devote their whole time to fire fighting. [1935
c 31 § 24; RRS § 9558-24.]
41.08.900 Severability—1935 c 31. If any section,
subsection, subdivision, sentence, clause or phrase of this
chapter, shall for any reason be held to be unconstitutional
such decision shall not affect the validity of the remaining
portions of this chapter. [1935 c 31 § 25; RRS § 9558-25.]
41.08.910 Repeal. All acts and parts of acts in
conflict with the provisions of this chapter are hereby
repealed insofar as they conflict with the provisions of this
chapter. [1935 c 31 § 26; RRS § 9558-26.]
Chapter 41.12
CIVIL SERVICE FOR CITY POLICE
Sections
41.12.010
41.12.020
41.12.030
41.12.040
(2002 Ed.)
Application of chapter.
Excluded cities—Repeal of local law—Effect.
Civil service commission—Appointment—Terms—
Removal—Quorum.
Organization of commission—Secretary—Powers and duties
of commission.
41.12.070
41.12.075
41.12.080
41.12.090
41.12.120
41.12.130
41.12.140
41.12.150
41.12.160
41.12.170
41.12.180
41.12.183
41.12.185
41.12.190
41.12.200
41.12.210
41.12.220
41.12.900
41.12.910
41.08.200
Persons included—Restricted exemptions—Competitive
examinations—Transfers, discharges, and reinstatements.
Qualifications of applicants.
Residency as condition of employment—Discrimination
because of lack of residency—Prohibited.
Tenure of employment—Grounds for discharge, reduction,
or deprivation of privileges.
Procedure for removal, suspension, demotion or discharge—
Investigation—Hearing—Appeal.
Filling of vacancies—Probationary period.
Power to create offices, make appointments and fix salaries
not infringed.
Approval of payrolls.
Leaves of absence—Notice—Filling vacancy.
Enforcement by civil action—Legal counsel.
Deceptive practices, false marks, etc., prohibited.
Political contributions and services.
Local legislation required—Penalty.
Office and supplies to be furnished—Penalty for not providing.
Time limit for creation of commission—Penalty.
Duty of commission to organize and function—Penalty for
violation.
Cooperation of city officers and employees enjoined.
Appropriation for expenses.
Penalty—Jurisdiction.
Definitions.
Severability—1937 c 13.
Repeal.
41.12.010 Application of chapter. The provisions of
this chapter shall have no application to cities and towns
which at the present time have provided for civil service in
the police department or which shall subsequently provide
for civil service in the police department by local charter or
other regulations which said local charter or regulations substantially accomplish the purpose of this chapter, nor to cities
having a police force of not more than two persons including
the chief of police. [1937 c 13 § 1; RRS § 9558a-1.]
41.12.020 Excluded cities—Repeal of local law—
Effect. If any of the cities or towns referred to in RCW
41.12.010 shall at any time repeal the charter provisions or
other local acts of said cities or towns providing for civil
service for policemen as referred to in RCW 41.12.010, in
that event this chapter shall apply to all of such cities and
towns which have at any time abolished civil service for
members of the police department. [1937 c 13 § 2; RRS §
9558a-2.]
41.12.030 Civil service commission—Appointment—
Terms—Removal—Quorum. There is hereby created in
every city, town or municipality except those referred to in
RCW 41.12.010, having fully paid policemen a civil service
commission which shall be composed of three persons.
The members of such commission shall be appointed by
the person or group of persons who, acting singly or in
conjunction, as a mayor, city manager, council, common
council, commission, or otherwise, is or are vested by law
with the power and authority to select, appoint, or employ
the chief of a police department in any such city, prior to the
enactment of this chapter. The members of such commission shall serve without compensation. No person shall be
appointed a member of such commission who is not a citizen
of the United States, a resident of such city for at least three
years immediately preceding such appointment, and an
[Title 41 RCW—page 69]
41.12.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
elector of the county wherein he resides. The term of office
of such commissioners shall be for six years, except that the
first three members of such commission shall be appointed
for different terms, as follows: One to serve for a period of
two years, one to serve for a period of four years, and one
to serve for a period of six years. Any member of such
commission may be removed from office for incompetency,
incompatibility or dereliction of duty, or malfeasance in
office, or other good cause: PROVIDED, HOWEVER, That
no member of the commission shall be removed until
charges have been preferred, in writing, due notice and a full
hearing had. The members of such commission shall devote
due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter.
Two members of such commission shall constitute a quorum
and the votes of any two members of such commission
concurring shall be sufficient for the decision of all matters
and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of
this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be
required. At the time of any appointment not more than two
commissioners shall be adherents of the same political party.
[1937 c 13 § 3; RRS § 9558a-3.]
41.12.040 Organization of commission—Secretary—
Powers and duties of commission. Immediately after
appointment the commission shall organize by electing one
of its members chair and hold regular meetings at least once
a month, and such additional meetings as may be required
for the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who
shall keep the records for the commission, preserve all
reports made to it, superintend and keep a record of all
examinations held under its direction, and perform such
other duties as the commission may prescribe.
The secretary and chief examiner shall be appointed as
a result of competitive examination which examination may
be either original and open to all properly qualified citizens
of the city, town, or municipality, or promotional and limited
to persons already in the service of the police department or
of the police department and other departments of the city,
town, or municipality, as the commission may decide. The
secretary and chief examiner may be subject to suspension,
reduction, or discharge in the same manner and subject to
the same limitations as are provided in the case of members
of the police department. It shall be the duty of the civil
service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. Such rules and
regulations shall provide in detail the manner in which
examinations may be held, and appointments, promotions,
transfers, reinstatements, demotions, suspensions, and
discharges shall be made, and may also provide for any
other matters connected with the general subject of personnel
administration, and which may be considered desirable to
further carry out the general purposes of this chapter, or
which may be found to be in the interest of good personnel
administration. Such rules and regulations may be changed
from time to time. The rules and regulations and any
amendments thereof shall be printed, mimeographed, or
[Title 41 RCW—page 70]
multigraphed for free public distribution. Such rules and
regulations may be changed from time to time;
(2) All tests shall be practical, and shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness
and/or of manual skill;
(3) The rules and regulations adopted by the commission shall provide for a credit in accordance with RCW
41.04.010 in favor of all applicants for appointment under
civil service, who, in time of war, or in any expedition of
the armed forces of the United States, have served in and
been honorably discharged from the armed forces of the
United States, including the army, navy, and marine corps
and the American Red Cross. These credits apply to
entrance examinations only;
(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and
effect of the provisions of this chapter, and the rules and
regulations prescribed hereunder; inspect all institutions,
departments, offices, places, positions, and employments
affected by this chapter, and ascertain whether this chapter
and all such rules and regulations are being obeyed. Such
investigations may be made by the commission or by any
commissioner designated by the commission for that purpose. Not only must these investigations be made by the
commission, but the commission must make like investigation on petition of a citizen, duly verified, stating that
irregularities or abuses exist, or setting forth in concise
language, in writing, the necessity for such investigation. In
the course of such investigation the commission or designated commissioner, or chief examiner, shall have the power to
administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation, and
also to cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law
for like depositions in civil actions in the superior court; and
the oaths administered hereunder and the subpoenas issued
hereunder shall have the same force and effect as the oaths
administered by a superior court judge in his or her judicial
capacity; and the failure upon the part of any person so
subpoenaed to comply with the provisions of this section
shall be deemed a violation of this chapter, and punishable
as such;
(5) Hearings and Investigations: How conducted. All
hearings and investigations before the commission, or
designated commissioner, or chief examiner, shall be governed by this chapter and by rules of practice and procedure
to be adopted by the commission, and in the conduct thereof
neither the commission, nor designated commissioner shall
be bound by the technical rules of evidence. No informality
in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation
made, approved or confirmed by the commission: PROVIDED, HOWEVER, That no order, decision, rule or regulation
made by any designated commissioner conducting any
hearing or investigation alone shall be of any force or effect
whatsoever unless and until concurred in by at least one of
the other two members;
(2002 Ed.)
Civil Service for City Police
(6) To hear and determine appeals or complaints
respecting the administrative work of the personnel department; appeals upon the allocation of positions; the rejection
of an examination, and such other matters as may be referred
to the commission;
(7) Establish and maintain in card or other suitable form
a roster of officers and employees;
(8) Provide for, formulate and hold competitive tests to
determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions,
and to provide that persons laid off because of curtailment
of expenditures, reduction in force, and for like causes, head
the list in the order of their seniority, to the end that they
shall be the first to be reemployed;
(9) When a vacant position is to be filled, to certify to
the appointing authority, on written request, the name of the
person highest on the eligible list for the class. If there are
no such lists, to authorize provisional or temporary appointment list of such class. Such temporary or provisional
appointment shall not continue for a period longer than four
months; nor shall any person receive more than one provisional appointment or serve more than four months as
provisional appointee in any one fiscal year;
(10) Keep such records as may be necessary for the
proper administration of this chapter. [1993 c 47 § 5; 1937
c 13 § 5; RRS § 9558a-5.]
Preferred rights in employment, examinations, appointments, etc., limited to
actual members of armed forces: RCW 73.04.090.
Veterans’ scoring criteria status in examinations: RCW 41.04.010.
41.12.050 Persons included—Restricted exemptions—Competitive examinations—Transfers, discharges,
and reinstatements. (1) For police departments with fewer
than six commissioned officers, including the police chief,
the classified civil service and provisions of this chapter
includes all full paid employees of the department of the
city, town, or municipality.
(2) For police departments with six or more commissioned officers, including the police chief, the legislative
body of a city, town, or municipality may exempt from civil
service individuals appointed as police chief after July 1,
1987.
(a) If the police chief is not exempt, the classified civil
service includes all full paid employees of the department of
the city, town, or municipality, including the police chief.
(b) If the police chief is exempt, the classified civil service includes all full paid employees of the department of
the city, town, or municipality, except the police chief and
an additional number of positions, designated the unclassified
service, determined as follows:
Department Personnel
6 through 10
11 through 20
21 through 50
51 through 100
101 through 250
251 through 500
501 and over
(2002 Ed.)
Unclassified
Position Appointments
2
3
4
5
6
8
10
41.12.040
(3) The unclassified position appointments authorized by
subsection (2)(b) of this section may only include selections
from the following positions up to the limit of the number of
positions authorized: Assistant chief, deputy chief, bureau
commander, and administrative assistant or administrative
secretary. The initial selection of specific positions to be in
the unclassified service and exempt from civil service shall
be made by the police chief, who shall notify the civil
service commission of his or her selection. Subsequent
changes in the designation of which positions are in the
unclassified service may be made only with the concurrence
of the police chief, the mayor or the city administrator, and
the civil service commission, and then only after the civil
service commission has heard the issue in an open meeting.
If a position initially selected by the police chief to be in the
unclassified service is in the classified civil service at the
time of the selection, and if the position is occupied, the
employee occupying the position has the right to return to
the next highest position or a like position in the classified
civil service.
(4) All appointments to and promotions in the department shall be made solely on merit, efficiency, and fitness
except as provided in RCW 35.13.360 through 35.13.400,
which shall be ascertained by open competitive examination
and impartial investigation. No person in the unclassified
service shall be reinstated in or transferred, suspended, or
discharged from any such place, position, or employment
contrary to the provisions of this chapter. [2002 c 143 § 1;
1993 c 189 § 1; 1987 c 339 § 2; 1937 c 13 § 4; RRS §
9558a-4.]
Severability—Effective date—1987 c 339: See notes following
RCW 35.21.333.
Chief of police or marshal—Eligibility requirements: RCW 35.21.333.
41.12.070 Qualifications of applicants. An applicant
for a position of any kind under civil service, must be a
citizen of the United States of America who can read and
write the English language.
An applicant for a position of any kind under civil
service must be of an age suitable for the position applied
for, in ordinary good health, of good moral character and of
temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. [1972 ex.s. c 37 § 3; 1963 c 95 § 2; 1937 c 13 § 7;
RRS § 9558a-7.]
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.12.075 Residency as condition of employment—
Discrimination because of lack of residency—Prohibited.
No city, town, or municipality shall require any person
applying for or holding an office, place, position, or employment under the provisions of this chapter or under any local
charter or other regulations described in RCW 41.12.010 to
reside within the limits of such municipal corporation as a
condition of employment or to discriminate in any manner
against any such person because of his residence outside of
the limits of such city, town, or municipality. [1972 ex.s. c
37 § 5.]
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
[Title 41 RCW—page 71]
41.12.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.12.080 Tenure of employment—Grounds for
discharge, reduction, or deprivation of privileges. The
tenure of everyone holding an office, place, position or
employment under the provisions of this chapter shall be
only during good behavior, and any such person may be
removed or discharged, suspended without pay, demoted, or
reduced in rank, or deprived of vacation privileges or other
special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or
dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission
tending to injure the public service; or any other wilful
failure on the part of the employee to properly conduct
himself; or any wilful violation of the provisions of this
chapter or the rules and regulation to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial
conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid or preparation to
such extent that the use thereof interferes with the efficiency
or mental or physical fitness of the employee, or which
precludes the employee from properly performing the
function and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commissioners is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1937 c 13 § 8; RRS § 9558a-8.]
41.12.090 Procedure for removal, suspension,
demotion or discharge—Investigation—Hearing—Appeal.
No person in the classified civil service who shall have been
permanently appointed or inducted into civil service under
provisions of this chapter, shall be removed, suspended,
demoted or discharged except for cause, and only upon
written accusation of the appointing power, or any citizen or
taxpayer; a written statement of which accusation, in general
terms, shall be served upon the accused, and a duplicate filed
with the commission. Any person so removed, suspended,
demoted or discharged may within ten days from the time of
his removal, suspension, demotion or discharge, file with the
commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the
question of whether such removal, suspension, demotion or
discharge was or was not made for political or religious
reasons and was or was not made in good faith [f]or cause.
After such investigation the commission may affirm the
removal, or if it shall find that the removal, suspension, or
demotion was made for political or religious reasons, or was
not made in good faith for cause, shall order the immediate
reinstatement of [or] reemployment of such person in the
office, place, position or employment from which such
person was removed, suspended, demoted or discharged,
which reinstatement shall, if the commission so provides in
its discretion, be retroactive, and entitle such person to pay
[Title 41 RCW—page 72]
or compensation from the time of such removal, suspension,
demotion or discharge. The commission upon such investigation, [in] lieu of affirming the removal, suspension,
demotion or discharge may modify the order of removal,
suspension, demotion or discharge by directing a suspension,
without pay, for a given period, and subsequent restoration
to duty, or demotion in classification, grade, or pay; the
findings of the commission shall be certified, in writing to
the appointing power, and shall be forthwith enforced by
such officer.
All investigations made by the commission pursuant to
the provisions of this section shall be had by public hearing,
after reasonable notice to the accused of the time and place
of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel,
and presenting his defense. If such judgment or order be
concurred in by the commission or a majority thereof, the
accused may appeal therefrom to the court of original and
unlimited jurisdiction in civil suits of the county wherein he
resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or
order, a written notice of appeal, stating the grounds thereof,
and demanding that a certified transcript of the record and of
all papers on file in the office of the commission affecting
or relating to such judgment or order, be filed by the
commission with such court. The commission shall, within
ten days after the filing of such notice, make, certify and file
such transcript with such court. The court of original and
unlimited jurisdiction in civil suits shall thereupon proceed
to hear and determine such appeal in a summary manner:
PROVIDED, HOWEVER, That such hearing shall be
confined to the determination of whether the judgment or
order of removal, discharge, demotion or suspension made
by the commission, was or was not made in good faith for
cause, and no appeal to such court shall be taken except
upon such ground or grounds. [1937 c 13 § 9; RRS §
9558a-9.]
41.12.100 Filling of vacancies—Probationary period.
Whenever a position in the classified service becomes
vacant, the appointing power, if it desires to fill the vacancy,
shall make requisition upon the commission for the name
and address of a person eligible for appointment thereto.
The commission shall certify the name of the person highest
on the eligible list for the class to which the vacant position
has been allocated, who is willing to accept employment. If
there is no appropriate eligible list for the class, the commission shall certify the name of the person standing highest on
said list held appropriate for such class. If more than one
vacancy is to be filled an additional name shall be certified
for each additional vacancy. The appointing power shall
forthwith appoint such person to such vacant position.
Whenever requisition is to be made, or whenever a
position is held by a temporary appointee and an eligible list
for the class of such position exists, the commission shall
forthwith certify the name of the person eligible for appointment to the appointing power, and said appointing power
shall forthwith appoint the person so certified to said
position. No person so certified shall be laid off, suspended,
or given leave of absence from duty, transferred or reduced
in pay or grade, except for reasons which will promote the
(2002 Ed.)
Civil Service for City Police
good of the service, specified in writing, and after an
opportunity to be heard by the commission and then only
with its consent and approval.
To enable the appointing power to exercise a choice in
the filling of positions, no appointment, employment or
promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of
three to six months’ probationary service, as may be provided in the rules of the civil service commission during which
the appointing power may terminate the employment of the
person certified to him, or it, if during the performance test
thus afforded, upon observation or consideration of the
performance of duty, the appointing power deems him unfit
or unsatisfactory for service in the department, whereupon
the appointing power shall designate the person certified as
standing next highest on any such list and such person shall
likewise enter upon said duties until some person is found
who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be
deemed to be complete. [1937 c 13 § 11; RRS § 9558a-11.]
41.12.110 Power to create offices, make appointments and fix salaries not infringed. All offices, places,
positions and employments coming within the purview of
this chapter, shall be created by the person or group of
persons who, acting singly or in conjunction, as a mayor,
city manager, chief, common council, commission or otherwise, it is vested by law with power and authority to select,
appoint, or employ any person coming within the purview of
this chapter, and nothing herein contained shall infringe upon
the power and authority of any such person or group of
persons, or appointing power, to fix the salaries and compensation of all employees employed hereunder. [1937 c 13 §
12; RRS § 9558a-12.]
41.12.120 Approval of payrolls. No treasurer,
auditor, comptroller or other officer, or employee of any
city, town or municipality in which this chapter is effective,
shall approve the payment of or be in any manner concerned
in paying, auditing or approving any salary, wage, or other
compensation for services, to any person subject to the
jurisdiction and scope of this chapter, unless a payroll,
estimate or account for such salary, wage or other compensation, containing the names of the persons to be paid, the
amount to be paid to each such person, the services on
account of which same is paid, and any other information
which, in the judgment of the civil service commission,
should be furnished on said payroll, bears the certificate of
the civil service commission or of its secretary or other duly
authorized agent, that the persons named in such payroll,
estimate or account have been appointed or employed in
compliance with the terms of this chapter and with the rules
of the commission, and that the said payroll, estimate or
account is, so far as known to the said commission, a true
and accurate statement. The commission shall refuse to
certify the pay of any public officer or employee whom it
finds to be illegally or improperly appointed, and may
further refuse to certify the pay of any public officer or
employee who shall wilfully or through culpable negligence
(2002 Ed.)
41.12.100
violate or fail to comply with this chapter or with the rules
of the commission. [1937 c 13 § 13; RRS § 9558a-13.]
41.12.130 Leaves of absence—Notice—Filling
vacancy. Leave of absence, without pay, may be granted by
any appointing power to any person under civil service:
PROVIDED, That such appointing power shall give notice
of such leave to the commission. All temporary employment
caused by leaves of absence shall be made from the eligible
list of the classified civil service. [1937 c 13 § 14; RRS §
9558a-14.]
41.12.140 Enforcement by civil action—Legal
counsel. It shall be the duty of the commission to begin and
conduct all civil suits which may be necessary for the proper
enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by
the chief legal officer of the city, but said commission may
in any case be represented by special counsel appointed by
it. [1937 c 13 § 15; RRS § 9558a-15.]
41.12.150 Deceptive practices, false marks, etc.,
prohibited. No commissioner or any other person, shall, by
himself or in cooperation with one or more persons, defeat,
deceive, or obstruct any person in respect of his right of
examination or registration according to the rules and
regulations of this chapter, or falsely mark, grade, estimate
or report upon the examination or proper standing of any
person examined, registered or certified pursuant to the
provisions of this chapter, or aid in so doing, or make any
false representation concerning the same, or concerning the
person examined, or furnish any person any special or secret
information for the purpose of improving or injuring the
prospects or chances of any person so examined, registered
or certified, or to be examined, registered or certified or
persuade any other person, or permit or aid in any manner
any other person to personate him, in connection with any
examination or registration of application or request to be
examined or registered. [1937 c 13 § 16; RRS § 9558a-16.]
41.12.160 Political contributions and services. No
person holding any office, place, position or employment
subject to civil service, is under any obligation to contribute
to any political fund or to render any political service to any
person or party whatsoever, and no person shall be removed,
reduced in grade or salary, or otherwise prejudiced for
refusing so to do. No public officer, whether elected or
appointed, shall discharge, promote, demote, or in any
manner change the official rank, employment or compensation of any person under civil service, or promise or threaten
so to do, for giving or withholding, or neglecting to make
any contribution of money, or services, or any other valuable
thing, for any political purpose. [1937 c 13 § 17; RRS §
9558a-17.]
Political activities of public employees: RCW 41.06.250.
41.12.170 Local legislation required—Penalty. The
various cities affected by the provisions of this chapter, shall
immediately upon the taking effect thereof, enact appropriate
legislation for carrying this chapter into effect, and the
[Title 41 RCW—page 73]
41.12.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
failure upon the part of the duly constituted authorities of
any such city so to do shall be considered a violation of this
chapter and be punishable as such. [1937 c 13 § 18; RRS
§ 9558a-18.]
41.12.180 Office and supplies to be furnished—
Penalty for not providing. The duly constituted authorities
of each and every city coming within the purview of this
chapter, shall provide the commission with suitable and
convenient rooms and accommodations and cause the same
to be furnished, heated and lighted and supplied with all
office supplies and equipment necessary to carry on the
business of the commission and with such clerical assistance
as may be necessary, all of which is to be commensurate
with the number of persons in each such city coming within
the purview of this chapter; and the failure upon the part of
the duly constituted authorities to do so, shall be considered
a violation of this chapter and shall be punishable as such.
[1937 c 13 § 19; RRS § 9558a-19.]
41.12.183 Time limit for creation of commission—
Penalty. In ninety days after the taking effect of this
chapter, it shall be the duty of the duly constituted authorities in each such city, subject to the provisions of this
chapter, to appoint and create a civil service commission as
provided for in RCW 41.12.010, and the failure upon the
part of said duly constituted authorities, or any of them, so
to do, shall be deemed a violation of this chapter, and shall
be punishable as such. [1937 c 13 § 20; RRS § 9558a-20.]
41.12.185 Duty of commission to organize and
function—Penalty for violation. It shall be the duty of
each commission appointed subject to the provisions of this
chapter, to immediately organize and see to it that the
provisions thereof are carried into effect, and to this end to
make suitable rules and regulations not inconsistent with the
purpose of this chapter, for the purpose of carrying the
provisions thereof into effect; and the failure upon the part
of said commission, or any individual member thereof to do
so, shall be deemed a violation of this chapter, and shall be
punishable as such. [1937 c 13 § 21; RRS § 9558a-21.]
41.12.190 Cooperation of city officers and employees enjoined. It shall be the duty of all officers and
employees of any such city to aid in all proper ways of
carrying out the provisions of this chapter, and such rules
and regulations as may, from time to time, be prescribed by
the commission thereunder and to afford the commission, its
members and employees, all reasonable facilities and assistance to inspect all books, papers, documents and accounts
applying or in any way appertaining to any and all offices,
places, positions and employments, subject to civil service,
and also to produce said books, papers, documents and accounts, and attend and testify, whenever required so to do by
the commission or any commissioner. [1937 c 13 § 10;
RRS § 9558a-10.]
percent of the total payroll of those included under the
jurisdiction and scope of the chapter: PROVIDED, HOWEVER, That if the city council or other proper legislative
body shall make an appropriation for the support of said
commission equal to or more than the said continuing
appropriation in any year, this section shall not be operative
for said year but otherwise shall be in full force and effect.
[1937 c 13 § 22; RRS § 9558a-22.]
41.12.210 Penalty—Jurisdiction. Any person who
shall wilfully violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than
one hundred dollars and by imprisonment in the county jail
for not longer than thirty days, or by both such fine and
imprisonment. The court of original and unlimited jurisdiction in civil suits shall have jurisdiction of all such offenses
defined by this chapter. [1937 c 13 § 23; RRS § 9558a-23.]
41.12.220 Definitions. As used in this chapter, the
following mentioned terms shall have the following described meanings:
The term "commission" means the civil service commission herein created, and the term "commissioner" means any
one of the three commissioners of that commission.
The term "appointing power" includes every person or
group of persons who, acting singly or in conjunction, as a
mayor, city manager, council, common council, commission,
or otherwise, is or are, invested by law with power and
authority to select, appoint, or employ any person to hold
any office, place, position or employment subject to civil
service.
The term "appointment" includes all means of selection,
appointing or employing any person to hold any office,
place, position or employment subject to civil service.
The term "city" includes all cities, towns and municipalities having a full paid police department.
The term "full paid police department" means that the
officers and policemen employed in such are paid regularly
by the city and devote their whole time to police duty:
PROVIDED, "full paid police department" whenever used in
this chapter shall also mean "full paid policemen". [1937 c
13 § 24; RRS § 9558a-24.]
41.12.900 Severability—1937 c 13. If any section,
subsection, subdivision, sentence, clause or phrase of this
chapter, shall for any reason be held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this chapter. [1937 c 13 § 25; RRS § 9558a-25.]
41.12.910 Repeal. All acts and parts of acts in
conflict with the provisions of this chapter are hereby
repealed insofar as they conflict with the provisions of this
chapter. [1937 c 13 § 26; RRS § 9558a-26.]
41.12.200 Appropriation for expenses. For the
purpose of carrying out the provisions of this chapter, such
city, town or municipality is hereby authorized to appropriate
from the general fund not to exceed four-tenths of one
[Title 41 RCW—page 74]
(2002 Ed.)
Civil Service for Sheriff’s Office
Chapter 41.14
CIVIL SERVICE FOR SHERIFF’S OFFICE
Sections
41.14.010
41.14.020
41.14.030
41.14.040
41.14.050
41.14.060
41.14.065
41.14.070
41.14.080
41.14.090
41.14.100
41.14.110
41.14.120
41.14.130
41.14.140
41.14.150
41.14.160
41.14.170
41.14.180
41.14.190
41.14.200
41.14.210
41.14.220
41.14.250
41.14.260
41.14.270
41.14.280
41.14.290
41.14.900
Declaration of purpose.
Terms defined.
Civil service commission—Appointment, terms, qualifications, compensation, etc.
Combined system authorized in counties with populations of
less than forty thousand.
Commission—Organization, meetings—Chief examiner,
qualifications, duties.
Powers and duties of commission.
Delegation of powers and duties of commission in county
with a population of one million or more.
Classified and unclassified service designated—Procedures.
Classified service—Appointment, promotion, transfer, suspension, discharge.
Status of existing employees in classified service.
Qualifications of applicants for position.
Tenure—Grounds for deprivation.
Removal, suspension, demotion, or discharge—Procedure—
Appeal.
Filling vacancies in classified service—Eligibility list—
Probation.
Power to fill positions—Consent of county commissioners—
Salaries and compensation.
Procedure for payment of compensation—Refusal to pay.
Leaves of absence.
Actions to enforce chapter—Duties of prosecuting attorneys.
Prohibited acts relating to registration, examination, certification—Discrimination prohibited.
Political activities regulated.
Cooperation and aid by other county officers and employees.
Funds for commission in counties with populations of two
hundred ten thousand or more—County budget—
Surplus.
Penalty—Jurisdiction.
City contracts to obtain sheriff’s office law enforcement
services—Transfer of police department employees.
City contracts to obtain sheriff’s office law enforcement
services—Transfer of police department employees into
county civil service for sheriff’s office—Seniority for
employment.
City contracts to obtain sheriff’s office law enforcement
services—Lay offs—Notice—Time limitation for transfers.
City contracts to obtain sheriff’s office law enforcement
services—Rules and regulations.
Appointment of classified employee to exempt position—
Return to regular position.
Severability—1959 c 1.
41.14.010 Declaration of purpose. The general
purpose of this chapter is to establish a merit system of
employment for county deputy sheriffs and other employees
of the office of county sheriff, thereby raising the standards
and efficiency of such offices and law enforcement in
general. [1987 c 251 § 1; 1985 c 429 § 3; 1959 c 1 § 1
(Initiative Measure No. 23, approved November 4, 1958).]
41.14.020 Terms defined. Definition of terms:
(1) "Commission" means the civil service commission,
or combined county civil service commission, herein created,
and "commissioner" means any one of the three members of
any such commission;
(2) "Appointing power" means the county sheriff who
is invested by law with power and authority to select,
appoint, or employ any deputy, deputies or other necessary
employees subject to civil service;
(2002 Ed.)
Chapter 41.14
(3) "Appointment" includes all means of selecting,
appointing, or employing any person to any office, place,
position, or employment subject to civil service;
(4) "County" means any county of the state, or any
counties combined pursuant to RCW 41.14.040 for the
purpose of carrying out the provisions of this chapter;
(5) "Deputy sheriff or other members of the office of
county sheriff" means all persons regularly employed in the
office of county sheriff either on a part time or full time
basis. [1959 c 1 § 2 (Initiative Measure No. 23, approved
November 4, 1958).]
41.14.030 Civil service commission—Appointment,
terms, qualifications, compensation, etc. There is created
in each county and in each combination of counties, combined pursuant to RCW 41.14.040 to carry out the provisions
of this chapter, a civil service commission which shall be
composed of three persons. The commission members shall
be appointed by the board of county commissioners, or
boards of county commissioners of each combination of
counties, within sixty days after December 4, 1958. No
person shall be appointed to the commission who is not a
citizen of the United States, a resident of the county, or one
of the counties combined, for at least two years immediately
preceding his appointment, and an elector of the county
wherein he resides. The term of office of the commissioners
shall be six years, except that the first three members of the
commission shall be appointed for different terms, as
follows: One to serve for a period of two years, one to
serve for a period of four years, and one to serve for a
period of six years. Any member of the commission may be
removed from office for incompetency, incompatibility, or
dereliction of duty, or malfeasance in office, or other good
cause: PROVIDED, That no member of the commission
shall be removed until charges have been preferred, in
writing, due notice, and a full hearing had. Any vacancy in
the commission shall be filled by the county commissioners
for the unexpired term. Two members of the commission
shall constitute a quorum and the votes of any two members
concurring shall be sufficient for the decision of all matters
and the transaction of all business to be decided or transacted by the commission. Confirmation of the appointment of
commissioners by any legislative body shall not be required.
At the time of appointment not more than two commissioners shall be adherents of the same political party. No
member after appointment shall hold any salaried public
office or engage in county employment, other than his
commission duties. The members of the commission shall
serve without compensation. [1959 c 1 § 3 (Initiative
Measure No. 23, approved November 4, 1958).]
41.14.040 Combined system authorized in counties
with populations of less than forty thousand. Any
counties with populations of less than forty thousand,
whether contiguous or not, are authorized to establish and
operate a combined civil service system to serve all counties
so combined. The combination of any such counties shall be
effective whenever each board of county commissioners of
the counties involved adopts a resolution declaring intention
to participate in the operation of a combined county civil
service system in accordance with agreements made between
[Title 41 RCW—page 75]
41.14.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
any such counties. Any such combined county civil service
commission shall serve the employees of each county
sheriff’s office impartially and according to need.
All matters affecting the combined civil service commission, including the selection of commissioners, shall be
decided by majority vote of all the county commissioners of
the counties involved.
All the provisions of this chapter shall apply equally to
any such combined civil service system. [1991 c 363 § 114;
1959 c 1 § 4 (Initiative Measure No. 23, approved November 4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.050 Commission—Organization, meetings—
Chief examiner, qualifications, duties. Immediately after
appointment the commission shall organize by electing one
of its members chairman and shall hold regular meetings at
least once a month, and such additional meetings as may be
required for the proper discharge of its duties.
It shall appoint a chief examiner who shall also serve as
secretary of the commission and such assistants as may be
necessary. The chief examiner shall keep the records for the
commission, preserve all reports made to it, superintend and
keep a record of all examinations held under its direction,
and perform such other duties as the commission may
prescribe.
The chief examiner shall be appointed as a result of
competitive examination, which examination must be open
to all properly qualified citizens of the county: PROVIDED,
That no appointee of the commission, either as chief examiner or as an assistant to the chief examiner, shall be an
employee of the sheriff’s department. The chief examiner
may be subject to suspension, reduction, or discharge in the
same manner and subject to the same limitations as are
provided in the case of members of the classified service.
[1979 ex.s. c 153 § 1; 1959 c 1 § 5 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.060 Powers and duties of commission. It shall
be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations
shall provide in detail the manner in which examinations
may be held, and appointments, promotions, reallocations,
transfers, reinstatements, demotions, suspensions, and
discharges shall be made, and may also provide for any
other matters connected with the general subject of personnel
administration, and which may be considered desirable to
further carry out the general purposes of this chapter, or
which may be found to be in the interest of good personnel
administration. The rules and regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and
regulations may be changed from time to time.
(2) To give practical tests which shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made. Such tests may include tests of physical
fitness or manual skill or both.
[Title 41 RCW—page 76]
(3) To make investigations concerning and report upon
all matters touching the enforcement and effect of the
provisions of this chapter, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places,
positions, and employments affected by this chapter, and
ascertain whether this chapter and all such rules and regulations are being obeyed. Such investigations may be made by
the commission or by any commissioner designated by the
commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen,
duly verified, stating that irregularities or abuses exist, or
setting forth in concise language, in writing, the necessity for
such investigation. In the course of such investigation the
commission or designated commissioner, or chief examiner,
may administer oaths, subpoena and require the attendance
of witnesses and the production by them of books, papers,
documents, and accounts appertaining to the investigation
and also cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law
for like depositions in civil actions in the superior court; and
the oaths administered and the subpoenas issued hereunder
shall have the same force and effect as the oaths administered and subpoenas issued by a superior court judge in his
judicial capacity; and the failure of any person so subpoenaed to comply with the provisions of this section shall
be deemed a violation of this chapter, and punishable as
such.
(4) To conduct hearings and investigations in accordance with this chapter and by the rules of practice and
procedure adopted by the commission, and in the conduct
thereof neither the commission, nor designated commissioner
shall be bound by technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any order, decision, rule, or regulation
made, approved, or confirmed by the commission: PROVIDED, That no order, decision, rule, or regulation made by
any designated commissioner conducting any hearing or
investigation alone shall be of any force or effect whatsoever
unless and until concurred in by at least one of the other two
members.
(5) To hear and determine appeals or complaints
respecting the allocation of positions, the rejection of an
examinee, and such other matters as may be referred to the
commission.
(6) To provide for, formulate, and hold competitive tests
to determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions,
and provide that persons laid off, or who have accepted
voluntary demotion in lieu of layoff, because of curtailment
of expenditures, reduction in force, and for like causes, head
the list in the order of their seniority, to the end that they
shall be the first to be reemployed or reinstated in their
former job class.
(7) To certify to the appointing authority, when a vacant
position is to be filled, on written request, the names of the
three persons highest on the eligible list for the class. If
there is no such list, to authorize a provisional or temporary
appointment list for such class. A temporary appointment
expires after four months. However, the appointing authority
(2002 Ed.)
Civil Service for Sheriff’s Office
may extend the temporary appointment beyond the fourmonth period up to one year if the commission continues to
advertise and test for the position. If, after one year from
the date the initial temporary appointment was first made,
there are less than three persons on the eligible list for the
class, then the appointing authority may fill the position with
any person or persons on the eligible list.
(8) To keep such records as may be necessary for the
proper administration of this chapter. [2001 c 232 § 1; 1979
ex.s. c 153 § 2; 1959 c 1 § 6 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.065 Delegation of powers and duties of
commission in county with a population of one million or
more. Any county with a population of one million or more
may assign the powers and duties of the commission to such
county agencies or departments as may be designated by
charter or ordinance: PROVIDED, That the powers and
duties of the commission under RCW 41.14.120 shall not be
assigned to any other body but shall continue to be vested in
the commission, which shall exist to perform such powers
and duties, together with such other adjudicative functions as
may be designated by charter or ordinance. [1991 c 363 §
115; 1987 c 251 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.070 Classified and unclassified service designated—Procedures. (1) The classified civil service and
provisions of this chapter shall include all deputy sheriffs
and other employees of the office of sheriff in each county
except the county sheriff in every county and an additional
number of positions, designated the unclassified service,
determined as follows:
Staff Personnel
1 through 10
11 through 20
21 through 50
51 through 100
101 through 250
251 through 500
501 and over
Unclassified
Position Appointments
2
3
4
5
6
8
10
(2) The unclassified position appointments authorized by
this section must include selections from the following
positions up to the limit of the number of positions authorized: Undersheriff, inspector, chief criminal deputy, chief
civil deputy, jail superintendent, and administrative assistant
or administrative secretary. The initial selection of specific
positions to be exempt shall be made by the sheriff, who
shall notify the civil service commission of his or her
selection. Subsequent changes in the designation of which
positions are to be exempt may be made only with the
concurrence of the sheriff and the civil service commission,
and then only after the civil service commission has heard
the issue in open meeting. Should the position or positions
initially selected by the sheriff to be exempt (unclassified)
pursuant to this section be under the classified civil service
at the time of such selection, and should it (or they) be
occupied, the employee(s) occupying said position(s) shall
(2002 Ed.)
41.14.060
have the right to return to the next highest position or a like
position under classified civil service.
(3) In counties with a sheriff’s department that operates
the 911 emergency communications system, in addition to
the unclassified positions authorized in subsections (1), (2),
and (4) of this section, the sheriff may designate one unclassified position for the 911 emergency communications
system.
(4) In addition to the unclassified positions authorized
in this section, the county legislative authority of any county
with a population of five hundred thousand or more operating under a home rule charter may designate unclassified
positions of administrative responsibility not to exceed
twenty positions. [2001 c 151 § 1; 1997 c 62 § 1; 1991 c
363 § 116; 1979 ex.s. c 153 § 3; 1975 1st ex.s. c 186 § 1;
1959 c 1 § 7 (Initiative Measure No. 23, approved November 4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.080 Classified service—Appointment, promotion, transfer, suspension, discharge. All appointments to
and promotions to positions in the classified civil service of
the office of county sheriff shall be made solely on merit,
efficiency, and fitness, which shall be ascertained by open
competitive examination and impartial investigation:
PROVIDED, That before June 30, 1981, employees in an
existing county personnel system may be transferred to
newly created and classified positions within such county’s
sheriff’s office, in order to permanently transfer the functions
of these positions, without meeting the open competitive
examination requirements of this section if the transfer is
approved by the civil service commission created in RCW
41.14.030. No person in the classified civil service shall be
reinstated in or transferred, suspended, or discharged from
any such place, position, or employment contrary to the
provisions of this chapter. [1980 c 108 § 1; 1959 c 1 § 8
(Initiative Measure No. 23, approved November 4, 1958).]
41.14.090 Status of existing employees in classified
service. For the benefit of the public service and to prevent
delay, injury, or interruption therein by reason of the
enactment hereof, all persons holding a position which is
deemed classified by RCW 41.14.070 for a continuous
period of six months prior to December 4, 1958, are eligible
for permanent appointment under civil service to the offices,
places, positions, or employments which they then held
without examination or other act on their part, and not on
probation; and every such person is automatically adopted
and inducted permanently into civil service, into the office,
place, position, or employment which he then held as completely and effectually to all intents and purposes as if such
person had been permanently appointed thereto under civil
service after examination and investigation. [1959 c 1 § 9
(Initiative Measure No. 23, approved November 4, 1958).]
41.14.100 Qualifications of applicants for position.
An applicant for a position of any kind under civil service,
must be a citizen of the United States who can read and
write the English language. [1963 c 95 § 3; 1959 c 1 § 10
(Initiative Measure No. 23, approved November 4, 1958).]
[Title 41 RCW—page 77]
41.14.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.14.110 Tenure—Grounds for deprivation. The
tenure of every person holding an office, place, position, or
employment under the provisions of this chapter shall be
only during good behavior, and any such person may be
removed or discharged, suspended without pay, demoted, or
reduced in rank, or deprived of vacation privileges or other
special privileges for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to, or
dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission
tending to injure the public service; or any other wilful
failure on the part of the employee to properly conduct
himself; or any wilful violation of the provisions of this
chapter or the rules and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid, or preparation to
such extent that the use thereof interferes with the efficiency
or mental or physical fitness of the employee, or which
precludes the employee from properly performing the
function and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commission is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1959 c 1 § 11 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.120 Removal, suspension, demotion, or
discharge—Procedure—Appeal. No person in the classified civil service who has been permanently appointed or
inducted into civil service under provisions of this chapter,
shall be removed, suspended, demoted, or discharged except
for cause, and only upon written accusation of the appointing
power or any citizen or taxpayer; a written statement of
which accusation, in general terms, shall be served upon the
accused, and a duplicate filed with the commission. Any
person so removed, suspended, discharged, or demoted may
within ten days from the time of his removal, suspension,
discharge, or demotion file with the commission a written
demand for an investigation, whereupon the commission
shall conduct such investigation. Upon receipt of the written
demand for an investigation, the commission shall within ten
days set a date for a public hearing which will be held
within thirty days from the date of receipt. The investigation
shall be confined to the determination of the question of
whether the removal, suspension, demotion, or discharge was
made in good faith for cause. After such investigation the
commission shall render a written decision within ten days
and may affirm the removal, suspension, demotion, or discharge, or if it finds that removal, suspension, demotion, or
discharge was not made in good faith for cause, shall order
the immediate reinstatement or reemployment of such person
in the office, place, position, or employment from which he
was removed, suspended, demoted, or discharged, which
reinstatement shall, if the commission so provides, be
[Title 41 RCW—page 78]
retroactive, and entitle such person to pay or compensation
from the time of the removal, suspension, demotion, or
discharge. The commission upon such investigation, in lieu
of affirming a removal, suspension, demotion, or discharge,
may modify the order by directing the removal, suspension,
demotion, or discharge without pay, for a given period, and
subsequent restoration to duty, or demotion in classification,
grade, or pay. The findings of the commission shall be
certified, in writing to the appointing power, and shall be
forthwith enforced by such officer.
All investigations made by the commission pursuant to
this section shall be by public hearing, after reasonable
notice to the accused of the time and place thereof, at which
hearing the accused shall be afforded an opportunity of
appearing in person and by counsel, and presenting his
defense. If order of removal, suspension, demotion, or
discharge is concurred in by the commission or a majority
thereof, the accused may appeal therefrom to the superior
court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the
entry of its order, a written notice of appeal, stating the
grounds thereof, and demanding that a certified transcript of
the record and of all papers on file in the office of the
commission affecting or relating to its order, be filed by the
commission with the court. The commission shall, within
ten days after the filing of the notice, make, certify, and file
such transcript with the court. The court shall thereupon
proceed to hear and determine the appeal in a summary
manner. Such hearing shall be confined to the determination
of whether the order of removal, suspension, demotion, or
discharge made by the commission, was or was not made in
good faith for cause, and no appeal shall be taken except
upon such ground or grounds. The decision of the superior
court may be appealed to the supreme court or the court of
appeals. [1984 c 199 § 1; 1982 c 133 § 1; 1971 c 81 § 102;
1959 c 1 § 12 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.130 Filling vacancies in classified service—
Eligibility list—Probation. Whenever a position in the
classified service becomes vacant, the appointing power, if
it desires to fill the vacancy, shall requisition the commission
for the names and addresses of persons eligible for appointment thereto. Before a requisition can be made, the appointing authority shall give employees of the appointing
authority who are in layoff status or who have been notified
of an intended layoff an opportunity to qualify for any class
within the office of the appointing authority. The commission shall certify the names of the three persons highest on
the eligible list for the class to which the vacant position has
been allocated, who are willing to accept employment. If
there is no appropriate eligible list for the class, the commission shall certify the names of the three persons standing
highest on the list held appropriate for such class. If more
than one vacancy is to be filled an additional name shall be
certified for each additional vacancy. The appointing power
shall forthwith appoint a person from those certified to the
vacant position.
To enable the appointing power to exercise a greater
degree of choice in the filling of positions, no appointment,
employment, or promotion in any position in the classified
(2002 Ed.)
Civil Service for Sheriff’s Office
service shall be deemed complete until after the expiration
of a period of one year’s probationary service, as may be
provided in the rules of the civil service commission, during
which the appointing power may terminate the employment
of the person appointed, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing power deems such person
unfit or unsatisfactory for service in the office of county
sheriff. Thereupon the appointing power shall again requisition the commission for the names and addresses of persons
eligible for appointment in the manner provided by this
section and the person appointed in the manner provided by
this section shall likewise enter upon said duties for the
probationary period, until some person is found who is
deemed fit for appointment, employment, or promotion
whereupon the appointment, employment, or promotion shall
be deemed complete. [1984 c 199 § 2; 1979 ex.s. c 153 §
4; 1959 c 1 § 13 (Initiative Measure No. 23, approved
November 4, 1958).]
41.14.140 Power to fill positions—Consent of county
commissioners—Salaries and compensation. All offices,
places, positions, and employments coming within the purview of this chapter, shall be filled by the appointing power
with the consent of the board of county commissioners, and
nothing herein contained shall infringe upon such authority
that an appointing power may have to fix the salaries and
compensation of all employees employed hereunder. [1959
c 1 § 14 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.150 Procedure for payment of compensation—Refusal to pay. No treasurer, auditor or other officer,
or employee of any county subject to this chapter shall
approve the payment of or be in any manner concerned in
paying, auditing, or approving any salary, wage, or other
compensation for services, to any person subject to the
jurisdiction and scope of this chapter, unless a payroll, estimate, or account for such salary, wage, or other compensation, containing the names of the persons to be paid, the
amount to be paid to each such person, the services on
account of which same is paid, and any other information
which, in the judgment of the civil service commission,
should be furnished on such payroll, bears the certificate of
the civil service commission, or of its chief examiner or
other duly authorized agent, that the persons named therein
have been appointed or employed in compliance with the
terms of this chapter and the rules of the commission, and
that the payroll, estimate, or account is, insofar as known to
the commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or
employee whom it finds to be illegally or improperly
appointed, and may further refuse to certify the pay of any
public officer or employee who wilfully or through culpable
negligence, violates or fails to comply with this chapter or
with the rules of the commission. [1959 c 1 § 15 (Initiative
Measure No. 23, approved November 4, 1958).]
41.14.130
ing power gives notice of the leave to the commission. All
temporary employment caused by leaves of absence shall be
made from the eligible list of the classified civil service.
[1959 c 1 § 16 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.170 Actions to enforce chapter—Duties of
prosecuting attorneys. The commission shall begin and
conduct all civil suits which may be necessary for the proper
enforcement of this chapter and rules of the commission.
The commission shall be represented in such suits by the
prosecuting attorney of the county. In the case of combined
counties any one or more of the prosecuting attorneys of
each county so combined may be selected by the commission to represent it. [1959 c 1 § 17 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.180 Prohibited acts relating to registration,
examination, certification—Discrimination prohibited.
No commissioner or any other person, shall, by himself or
in cooperation with others, defeat, deceive, or obstruct any
person in respect of his right of examination or registration
according to the rules and regulations, or falsely mark,
grade, estimate, or report upon the examination or proper
standing of any person examined, registered, or certified
pursuant to this chapter, or aid in so doing, or make any
false representation concerning the same, or concerning the
person examined, or furnish any person any special or secret
information for the purpose of improving or injuring the
prospects or chances of any person so examined, registered
or certified, or to be examined, registered, or certified, or
persuade any other person, or permit or aid in any manner
any other person to personate him, in connection with any
examination or registration of application or request to be
examined or registered.
The right of any person to an appointment or promotion
to any position in a sheriff’s office shall not be withheld
because of his race, color, creed, national origin, political
affiliation or belief, nor shall any person be dismissed,
demoted, or reduced in grade for such reason. [1959 c 1 §
18 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.190 Political activities regulated. No person
holding any office, place, position, or employment subject to
civil service, shall contribute to any political fund or render
any political service to any person or party whatsoever, and
no person shall be removed, reduced in grade or salary, or
otherwise prejudiced for refusing so to do. No public
officer, whether elected or appointed, shall discharge,
promote, demote, or in any manner change the official rank,
employment, or compensation of any person under civil
service or promise or threaten so to do for giving or withholding, or neglecting to make any contribution of money,
or service, or any other valuable thing, for any political
purpose. [1959 c 1 § 19 (Initiative Measure No. 23,
approved November 4, 1958).]
Political activities of public employees: RCW 41.06.250.
41.14.160 Leaves of absence. Leave of absence,
without pay, may be granted by any appointing power to any
person under civil service: PROVIDED, That such appoint(2002 Ed.)
41.14.200 Cooperation and aid by other county
officers and employees. All officers and employees of each
[Title 41 RCW—page 79]
41.14.200
Title 41 RCW: Public Employment, Civil Service, and Pensions
county shall aid in all proper ways in carrying out the
provisions of this chapter, and such rules and regulations as
may, from time to time, be prescribed by the commission
and afford the commission, its members, and employees, all
reasonable facilities and assistance in the inspection of
books, papers, documents, and accounts applying or in any
way appertaining to any and all offices, places, positions,
and employments, subject to civil service, and also shall
produce such books, papers, documents, and accounts, and
attend and testify, whenever required so to do by the
commission or any commissioner. [1959 c 1 § 20 (Initiative
Measure No. 23, approved November 4, 1958).]
41.14.210 Funds for commission in counties with
populations of two hundred ten thousand or more—
County budget—Surplus. The county legislative authority
or [of] each county with a population of two hundred ten
thousand or more may provide in the county budget for each
fiscal year a sum equal to one percent of the preceding
year’s total payroll of those included under the jurisdiction
and scope of this chapter. The funds so provided shall be
used for the support of the commission. Any part of the
funds so provided and not expended for the support of the
commission during the fiscal year shall be placed in the
general fund of the county, or counties according to the ratio
of contribution, on the first day of January following the
close of such fiscal year. [1991 c 363 § 117; 1971 ex.s. c
214 § 3; 1959 c 1 § 21 (Initiative Measure No. 23, approved
November 4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.220 Penalty—Jurisdiction. Any person who
wilfully violates any of the provisions of this chapter shall
be guilty of a misdemeanor, and upon conviction thereof,
shall be punished by a fine of not more than one hundred
dollars and by imprisonment in the county jail for not longer
than thirty days or by both such fine and imprisonment. The
superior court shall have jurisdiction of all such offenses.
[1959 c 1 § 22 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.250 City contracts to obtain sheriff’s office
law enforcement services—Transfer of police department
employees. When any city or town shall contract with the
county sheriff’s office to obtain law enforcement services to
the city or town, any employee of the police department of
such city or town who (1) was at the time such contract was
entered into employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the county sheriff’s office under such contract (2)
will, as a direct consequence of such contract, be separated
from the employ of the city or town, and (3) meets the
minimum standards and qualifications of the county sheriff’s
office, then such employee may transfer his employment to
the county sheriff’s office as provided for in RCW 41.14.260
and 41.14.270. [1972 ex.s. c 48 § 1.]
41.14.260 City contracts to obtain sheriff’s office
law enforcement services—Transfer of police department
employees into county civil service for sheriff’s office—
[Title 41 RCW—page 80]
Seniority for employment. (1) An eligible employee may
transfer into the county civil service system for the sheriff’s
office by filing a written request with the county civil
service commission and by giving written notice thereof to
the legislative authority of the city or town. Upon receipt of
such request by the civil service commission the transfer of
employment shall be made. The employee so transferring
will (1) be on probation for the same period as are new
employees of the sheriff’s office, (2) be eligible for promotion after completion of the probationary period as completed, (3) receive a salary at least equal to that of other new
employees of the sheriff’s office, and (4) in all other matters,
such as retirement, vacation, etc., have, within the county
civil service system, all the rights, benefits, and privileges
that he would have been entitled to had he been a member
of the county sheriff’s office from the beginning of his
employment with the city or town police department. The
city or town shall, upon receipt of such notice, transmit to
the county civil service commission a record of the
employee’s service with the city or town which shall be
credited to such member as a part of his period of employment in the county sheriff’s office. The sheriff may appoint
the transferring employee to whatever duties he feels are in
the best interest of the department and the individual.
(2) If in the process of contracting for law enforcement
services economies or efficiencies are achieved or if the city
or town intends by such contract to curtail expenditures and
the level of services to the city or town, then only so many
of the transferring employees shall be placed upon the
payroll of the sheriff’s office as the sheriff determines are
needed to provide the contracted services. These needed
employees shall be taken in order of seniority and the
remaining employees who transfer as provided in RCW
41.14.250, 41.14.260, and 41.14.270 shall head the list of
their respective class or job listing in the civil service system
in order of their seniority, to the end that they shall be the
first to be reemployed in the county sheriff’s office when
appropriate positions become available. [1972 ex.s. c 48 §
2.]
41.14.270 City contracts to obtain sheriff’s office
law enforcement services—Lay offs—Notice—Time
limitation for transfers. When a city or town shall contract
with the county sheriff’s office for law enforcement services
and as a result thereof lays off any employee who is eligible
to transfer to the county sheriff’s office pursuant to RCW
41.14.250 and 41.14.260, the city or town shall notify such
employee of his right to so transfer and such employee shall
have ninety days to transfer his employment to the county
sheriff’s office: PROVIDED, That any employee layed off
during the year prior to February 21, 1972 shall have ninety
days after the effective date to transfer his employment.
[1972 ex.s. c 48 § 3.]
41.14.280 City contracts to obtain sheriff’s office
law enforcement services—Rules and regulations. In
addition to its other duties prescribed by law, the civil
service commission shall make such rules and regulations as
may be necessary to provide for the orderly integration of
employees of a city or town who shall transfer to the county
(2002 Ed.)
Civil Service for Sheriff’s Office
sheriff’s office pursuant to RCW 41.14.250, 41.14.260, and
41.14.270. [1972 ex.s. c 48 § 4.]
41.14.290 Appointment of classified employee to
exempt position—Return to regular position. Any
classified employee having civil service status in a position
may take an appointment in an exempt position in the same
county and maintain the right to return to his or her regular
position or to a like position at the conclusion of such
appointment. Such employee must apply to return to
classified service within thirty calendar days of:
(1) Termination of employment in such exempt position;
or
(2) Termination of employment in any other exempt
position in which the employee subsequently serves provided
there was no break in service with the county of more than
thirty calendar days. [1979 ex.s. c 153 § 5.]
41.14.900 Severability—1959 c 1. If any section,
sentence, clause, or phrase of this chapter should be held to
be invalid or unconstitutional, the validity or constitutionality
thereof shall not affect the validity or constitutionality of any
other section, sentence, clause, or phrase of this chapter.
[1959 c 1 § 23 (Initiative Measure No. 23, approved November 4, 1958).]
Chapter 41.16
FIREMEN’S RELIEF AND PENSIONS—1947 ACT
Sections
41.16.010
41.16.020
41.16.030
41.16.040
41.16.050
41.16.060
41.16.070
41.16.080
41.16.090
41.16.100
41.16.110
41.16.120
41.16.130
41.16.140
41.16.145
41.16.150
41.16.160
41.16.170
41.16.180
41.16.190
41.16.200
41.16.210
41.16.220
41.16.230
41.16.240
41.16.250
41.16.260
41.16.900
41.16.910
41.16.911
41.16.920
41.16.921
(2002 Ed.)
Terms defined.
Pension board created—Members—Terms—Vacancies—
Officers—Quorum.
Meetings.
Powers and duties.
Firemen’s pension fund—How constituted.
Tax levy for fund.
Contributions by firemen.
Retirement for service.
Limit of pension.
Payment on death of retired fireman.
Payment on death of eligible pensioner before retirement.
Payment on death in line of duty.
Payment upon disablement in line of duty.
Payment upon disablement not in line of duty.
Annual increase in benefits payable on retirement for service, death in line of duty, and disability—Appeals.
Payment on separation from service.
Payment on death not in line of duty.
Payment on death of fireman with no dependents.
Funeral expense.
Waiting period—Disability retirement.
Examination of disability pensioners—Restoration to duty.
Transfer of assets to new fund—Assumption of obligations.
Credit for military service.
Repeal does not affect accrued rights.
Application of chapter to fire protection districts.
Retirement and job security rights preserved upon annexation, etc., of district.
Transfer of credit from city employees’ retirement system to
firemen’s pension system.
Severability—1947 c 91.
Severability—1959 c 5.
Severability—1975 1st ex.s. c 178.
Construction—1959 c 5—Benefits retroactively authorized.
Construction—1975 1st ex.s. c 178, RCW 41.16.145.
41.14.280
Prior acts relating to firemen’s relief and pensions: 1935 c 39;
1929 c 86; 1919 c 196; 1909 c 50 were repealed by 1947 c 91 § 12
(codified herein as RCW 41.16.230).
Firemen’s relief and pensions—1955 act: Chapter 41.18 RCW.
Rights of fireman injured outside corporate limits of municipality: RCW
35.84.050.
Volunteer fire fighters’ relief and pensions: Chapter 41.24 RCW.
41.16.010 Terms defined. For the purpose of this
chapter, unless clearly indicated by the context, words and
phrases shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons
designated by a fireman in a writing filed with the board,
and who shall be entitled to receive any benefits of a
deceased fireman under this chapter.
(2) "Board" shall mean the municipal firemen’s pension
board.
(3) "Child or children" shall mean a child or children
unmarried and under eighteen years of age.
(4) "Contributions" shall mean and include all sums
deducted from the salary of firemen and paid into the fund
as hereinafter provided.
(5) "Disability" shall mean and include injuries or
sickness sustained as a result of the performance of duty.
(6) "Fireman" shall mean any person regularly or
temporarily, or as a substitute, employed and paid as a
member of a fire department, who has passed a civil service
examination for fireman and who is actively employed as a
fireman; and shall include any "prior fireman".
(7) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firemen of the
municipality.
(8) "Fund" shall mean the firemen’s pension fund
created herein.
(9) "Municipality" shall mean every city and town
having a regularly organized full time, paid, fire department
employing firemen.
(10) "Performance of duty" shall mean the performance
of work and labor regularly required of firemen and shall
include services of an emergency nature rendered while off
regular duty, but shall not include time spent in traveling to
work before answering roll call or traveling from work after
dismissal at roll call.
(11) "Prior fireman" shall mean a fireman who was
actively employed as a fireman of a fire department prior to
the first day of January, 1947, and who continues such employment thereafter.
(12) "Retired fireman" shall mean and include a person
employed as a fireman and retired under the provisions of
chapter 50, Laws of 1909, as amended.
(13) "Widow or widower" means the surviving wife or
husband of a retired fireman who was retired on account of
length of service and who was lawfully married to such
fireman; and whenever that term is used with reference to
the wife or former wife or husband or former husband of a
retired fireman who was retired because of disability, it shall
mean his or her lawfully married wife or husband on the
date he or she sustained the injury or contracted the illness
that resulted in his or her disability. Said term shall not
mean or include a surviving wife or husband who by process
of law within one year prior to the retired fireman’s death,
collected or attempted to collect from him or her funds for
[Title 41 RCW—page 81]
41.16.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
the support of herself or himself or for his or her children.
[1973 1st ex.s. c 154 § 61; 1947 c 91 § 1; Rem. Supp. 1947
§ 9578-40.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.020 Pension board created—Members—
Terms—Vacancies—Officers—Quorum. There is hereby
created in each city and town a municipal firemen’s pension
board to consist of the following five members, ex officio,
the mayor, or in a city of the first class, the mayor or his
designated representative who shall be an elected official of
the city, who shall be chairman of the board, the city
comptroller or clerk, the chairman of finance of the city
council, or if there is no chairman of finance, the city
treasurer, and in addition, two regularly employed or retired
firemen elected by secret ballot of the employed and retired
firemen. Retired members who are subject to the jurisdiction of the pension board have both the right to elect and the
right to be elected under this section. The members to be
elected by the firemen shall be elected annually for a two
year term. The two firemen elected members shall, in turn,
select a third eligible member who shall serve as an alternate
in the event of an absence of one of the regularly elected
members. In case a vacancy occurs in the membership of
the firemen or retired members, the members shall in the
same manner elect a successor to serve his unexpired term.
The board may select and appoint a secretary who may, but
need not be a member of the board. In case of absence or
inability of the chairman to act, the board may select a
chairman pro tempore who shall during such absence or
inability perform the duties and exercise the powers of the
chairman. A majority of the members of said board shall
constitute a quorum and have power to transact business.
[1988 c 164 § 2; 1973 1st ex.s. c 19 § 1; 1961 c 255 § 10;
1947 c 91 § 2; Rem. Supp. 1947 § 9578-41. Prior: 1935 c
39 § 1; 1919 c 196 § 3; 1909 c 50 §§ 1, 2.]
41.16.030 Meetings. The board shall meet at least
once quarterly, the date to be fixed by regulation of the
board, at such other regular times as may be fixed by a
regulation of the board; and at any time upon call of the
chairman, of which due advance notice shall be given the
other members of the board. [2002 c 15 § 1; 1947 c 91 § 3;
Rem. Supp. 1947 § 9578-42. Prior: 1929 c 86 § 1; 1919 c
196 § 3; 1909 c 50 § 3.]
41.16.040 Powers and duties. The board shall have
such general powers as are vested in it by the provisions of
this chapter, and in addition thereto, the power to:
(1) Generally supervise and control the administration
of this chapter and the firemen’s pension fund created
hereby.
(2) Pass upon and allow or disallow all applications for
pensions or other benefits provided by this chapter.
(3) Provide for payment from said fund of necessary
expenses of maintenance and administration of said pension
system and fund.
(4) Invest the moneys of the fund in a manner consistent
with the investment policies outlined in RCW 35.39.060.
Authorized investments shall include investment grade
[Title 41 RCW—page 82]
securities issued by the United States, state, municipal
corporations, other public bodies, corporate bonds, and other
investments authorized by RCW 35.39.030, 35.58.510,
35.81.070, 35.82.070, 36.29.020, 39.58.020, 39.58.080,
39.58.130, 39.60.010, 39.60.020, 68.52.060, 68.52.065, and
72.19.120.
(5) Employ such agents, employees and other personnel
as the board may deem necessary for the proper administration of this chapter.
(6) Compel witnesses to appear and testify before it, in
the same manner as is or may be provided by law for the
taking of depositions in the superior court. Any member of
the board may administer oaths to witnesses who testify
before the board of a nature and in a similar manner to oaths
administered by superior courts of the state of Washington.
(7) Issue vouchers approved by the chairman and
secretary and to cause warrants therefor to be issued and
paid from said fund for the payment of claims allowed by it.
(8) Keep a record of all its proceedings, which record
shall be public; and prepare and file with the city treasurer
and city clerk or comptroller prior to the date when any
payments are to be made from the fund, a list of all persons
entitled to payment from the fund, stating the amount and
purpose of such payment, said list to be certified to and
signed by the chairman and secretary of the board and
attested under oath.
(9) Make rules and regulations not inconsistent with this
chapter for the purpose of carrying out and effecting the
same.
(10) Appoint one or more duly licensed and practicing
physicians who shall examine and report to the board upon
all applications for relief and pension under this chapter.
Such physicians shall visit and examine all sick and disabled
firemen when, in their judgment, the best interests of the
relief and pension fund require it or when ordered by the
board. They shall perform all operations on such sick and
injured firemen and render all medical aid and care necessary for the recovery of such firemen on account of sickness
or disability received while in the performance of duty as
defined in this chapter. Such physicians shall be paid from
said fund, the amount of said fees or salary to be set and
agreed upon by the board and the physicians. No physician
not regularly appointed or specially appointed and employed,
as hereinafter provided, shall receive or be entitled to any
fees or compensation from said fund as attending physician
to a sick or injured fireman. If any sick or injured fireman
refuses the services of the appointed physicians, or the
specially appointed and employed physician, he shall be personally liable for the fees of any other physician employed
by him. No person shall have a right of action against the
board or the municipality for negligence of any physician
employed by it. The board shall have the power and
authority to select and employ, besides the regularly appointed physician, such other physician, surgeon or specialist for
consultation with, or assistance to the regularly appointed
physician, or for the purpose of performing operations or
rendering services and treatment in particular cases, as it
shall deem advisable, and to pay fees for such services from
said fund. Said board shall hear and decide all applications
for such relief or pensions under this chapter, and its
decisions on such applications shall be final and conclusive
and not subject to revision or reversal except by the board.
(2002 Ed.)
Firemen’s Relief and Pensions—1947 Act
[1992 c 89 § 1; 1967 ex.s. c 91 § 1; 1947 c 91 § 4; Rem.
Supp. 1947 § 9578-43. Prior: 1929 c 86 § 1; 1919 c 196 §
3; 1909 c 50 § 3.]
41.16.050 Firemen’s pension fund—How constituted. There is hereby created and established in the treasury
of each municipality a fund which shall be known and
designated as the firemen’s pension fund, which shall consist
of: (1) All bequests, fees, gifts, emoluments, or donations
given or paid thereto; (2) twenty-five percent of all moneys
received by the state from taxes on fire insurance premiums;
(3) taxes paid pursuant to the provisions of RCW 41.16.060;
(4) interest on the investments of the fund; and (5) contributions by fire fighters as provided for herein. The moneys
received from the tax on fire insurance premiums under the
provisions of this chapter shall be distributed in the proportion that the number of paid fire fighters in the city, town, or
fire protection district bears to the total number of paid fire
fighters throughout the state to be ascertained in the following manner: The secretary of the firemen’s pension board
of each city, town, and fire protection district now or
hereafter coming under the provisions of this chapter shall
within thirty days after June 7, 1961, and on or before the
fifteenth day of January thereafter, certify to the state
treasurer the number of paid fire fighters in the fire department in such city, town, or fire protection district. For any
city or town annexed by a fire protection district at any time
before, on, or after June 9, 1994, the city or town shall continue to certify to the state treasurer the number of paid fire
fighters in the city or town fire department immediately
before annexation until all obligations against the firemen’s
pension fund in the city or town have been satisfied. For the
purposes of the calculation in this section, the state treasurer
shall subtract the number certified by the annexed city or
town from the number of paid fire fighters certified by an
annexing fire protection district. The state treasurer shall on
or before the first day of June of each year deliver to the
treasurer of each city, town, and fire protection district
coming under the provisions of this chapter his or her
warrant, payable to each city, town, or fire protection district
for the amount due such city, town or fire protection district
ascertained as herein provided and the treasurer of each such
city, town, or fire protection district shall place the amount
thereof to the credit of the firemen’s pension fund of such
city, town, or fire protection district. [1999 c 117 § 3; 1994
c 273 § 23; 1986 c 296 § 3; 1982 1st ex.s. c 35 § 16; 1967
c 42 § 1; 1961 c 255 § 8; 1949 c 45 § 1; 1947 c 91 § 5;
Rem. Supp. 1949 § 9578-44. Prior: 1929 c 86 § 11; 1919
c 196 § 14.]
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Insurance premiums taxes: RCW 48.14.020.
41.16.060 Tax levy for fund. It shall be the duty of
the legislative authority of each municipality, each year as a
part of its annual tax levy, to levy and place in the fund a
tax of twenty-two and one-half cents per thousand dollars of
assessed value against all the taxable property of such
municipality: PROVIDED, That if a report by a qualified
(2002 Ed.)
41.16.040
actuary on the condition of the fund establishes that the
whole or any part of said dollar rate is not necessary to
maintain the actuarial soundness of the fund, the levy of said
twenty-two and one-half cents per thousand dollars of
assessed value may be omitted, or the whole or any part of
said dollar rate may be levied and used for any other
municipal purpose.
It shall be the duty of the legislative authority of each
municipality, each year as a part of its annual tax levy and
in addition to the city levy limit set forth in RCW 84.52.043,
to levy and place in the fund an additional tax of twenty-two
and one-half cents per thousand dollars of assessed value
against all taxable property of such municipality: PROVIDED, That if a report by a qualified actuary establishes that
all or any part of the additional twenty-two and one-half
cents per thousand dollars of assessed value levy is unnecessary to meet the estimated demands on the fund under this
chapter for the ensuing budget year, the levy of said additional twenty-two and one-half cents per thousand dollars of
assessed value may be omitted, or the whole or any part of
such dollar rate may be levied and used for any other
municipal purpose: PROVIDED FURTHER, That cities that
have annexed to library districts according to RCW
27.12.360 through 27.12.395 and/or fire protection districts
according to RCW 52.04.061 through 52.04.081 shall not
levy this additional tax to the extent that it causes the
combined levies to exceed the statutory or constitutional
limits.
The amount of a levy under this section allocated to the
pension fund may be reduced in the same proportion as the
regular property tax levy of the municipality is reduced by
chapter 84.55 RCW. [1987 c 319 § 2; 1980 c 155 § 4; 1973
1st ex.s. c 195 § 43; 1973 1st ex.s. c 195 § 144; 1970 ex.s.
c 92 § 2; 1965 ex.s. c 45 § 1; 1961 c 255 § 9; 1951 c 72 §
1; 1947 c 91 § 6; Rem. Supp. 1947 § 9578-45. Prior: 1929
c 86 § 12; 1919 c 196 § 15; 1909 c 50 § 14.]
Effective date—Applicability—1980 c 155: See note following
RCW 84.40.030.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—Application—1970 ex.s. c 92: See note following
RCW 84.52.010.
41.16.070 Contributions by firemen. (1) Every
fireman employed on and after January 1, 1947, shall
contribute to the fund and there shall be deducted from his
pay and placed in the fund an amount in accordance with the
following table:
Fireman whose age
at last birthday
at time of entry
of service was:
21
22
23
24
25
26
27
28
and under
.......
.......
.......
.......
.......
.......
.......
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Contributions and
deductions from
salary
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5.00%
5.24%
5.50%
5.77%
6.07%
6.38%
6.72%
7.09%
[Title 41 RCW—page 83]
41.16.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.49%
30 and over . . . . . . . . . . . . . . . . . . . . . 7.92%
(2) Every fireman employed prior to January 1, 1947,
and continuing active employment shall contribute to the
fund and there shall be deducted from his salary and placed
in the fund, five percent of his salary.
(3) Every fireman actively employed and eligible for
retirement and not retired shall contribute to the fund and
there shall be deducted from his salary and placed in the
fund, four percent of his salary. [1947 c 91 § 7; Rem. Supp.
1947 § 9578-46. Prior: 1929 c 86 § 14; 1919 c 196 § 18.]
41.16.080 Retirement for service. Any fireman
employed in a fire department on and before the first day of
January, 1947, hereinafter in this section and RCW
41.16.090 to 41.16.190 inclusive, referred to as "fireman",
and who shall have served twenty-five or more years and
having attained the age of fifty-five years, as a member of
the fire department, shall be eligible for retirement and shall
be retired by the board upon his written request. Upon his
retirement any fireman shall be paid a pension based upon
the average monthly salary drawn for the five calendar years
before retirement, the number of years of his service and a
percentage factor based upon his age on entering service, as
follows:
Entrance age at
last birthday
20
21
22
23
24
25
26
27
28
29
30
and under
.......
.......
.......
.......
.......
.......
.......
.......
.......
and over
Salary
percentage factor
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1.50%
1.55%
1.60%
1.65%
1.70%
1.75%
1.80%
1.85%
1.90%
1.95%
2.00%
Said monthly pension shall be in the amount of his
average monthly salary for the five calendar years before
retirement, times the number of years of service, times the
applicable percentage factor. [1959 c 5 § 2; 1957 c 82 § 2.
Prior: 1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86
§ 2, part; 1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem.
Supp. 1947 § 9578-47, part.]
41.16.090 Limit of pension. All pensioners receiving
a pension under the provisions of this chapter as provided
for in section 12, chapter 91, Laws of 1947 and RCW
41.16.230, shall from and after April 25, 1973 receive a
minimum pension of three hundred dollars per month. [1973
1st ex.s. c 181 § 1; 1967 ex.s. c 91 § 2; 1959 c 5 § 3; 1957
c 82 § 3. Prior: 1947 c 91 § 8, part; 1935 c 39 § 2, part;
1929 c 86 § 2, part; 1919 c 196 § 4, part; 1909 c 50 § 4,
part; Rem. Supp. 1947 § 9578-47, part.]
41.16.100 Payment on death of retired fireman.
The widow or widower, child, children or beneficiary of any
fireman retired under this chapter shall receive an amount
[Title 41 RCW—page 84]
equal to his or her accumulated contributions to the fund,
plus earned interest thereon compounded semiannually:
PROVIDED, That there shall be deducted from said sum the
amount paid to decedent in pensions and the remainder shall
be paid to his or her widow or widower, child, children or
beneficiary: PROVIDED FURTHER, That the amount paid
shall not be less than one thousand dollars. [1973 1st ex.s.
c 154 § 62; 1959 c 5 § 4; 1957 c 82 § 4. Prior: 1947 c 91
§ 8, part; 1935 c 39 § 2, part; 1929 c 86 § 2, part; 1919 c
196 § 4, part; 1909 c 50 § 4, part; Rem. Supp. 1947 § 957847, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.110 Payment on death of eligible pensioner
before retirement. Whenever any fireman shall die while
eligible to retirement on account of years of service, and
shall not have been retired, benefits shall be paid in accordance with RCW 41.16.100. [1959 c 5 § 5; 1957 c 82 § 5.
Prior: 1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86
§ 2, part; 1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem.
Supp. 1947 § 9578-47, part.]
41.16.120 Payment on death in line of duty.
Whenever any active fireman or fireman retired for disability
shall die as the result of an accident or other fortuitous event
occurring while in the performance of his or her duty, his
widow or her widower may elect to accept a monthly
pension equal to one-half the deceased fireman’s salary but
in no case in excess of one hundred fifty dollars per month,
or the sum of five thousand dollars cash. The right of election must be exercised within sixty days of the fireman’s
death. If not so exercised, the pension benefits shall become
fixed and shall be paid from the date of death. Such pension
shall cease if, and when, he or she remarries. If there is no
widow or widower, then such pension benefits shall be paid
to his or her child or children. [1973 1st ex.s. c 154 § 63;
1959 c 5 § 6; 1957 c 82 § 6. Prior: 1947 c 91 § 8, part;
1935 c 39 § 2, part; 1929 c 86 § 2, part; 1919 c 196 § 5,
part; 1909 c 50 § 4, part; Rem. Supp. 1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.130 Payment upon disablement in line of
duty. (1) Any fireman who shall become disabled as a
result of the performance of his duty or duties as defined in
this chapter, may be retired at the expiration of six months
from the date of his disability, upon his written request filed
with his retirement board. The board may upon such request
being filed, consult such medical advice as it sees fit, and
may have the applicant examined by such physicians as it
deems desirable. If from the reports of such physicians the
board finds the applicant capable of performing his duties in
the fire department, the board may refuse to recommend his
retirement.
(2) If the board deems it for the good of the fire
department or the pension fund, it may recommend the
applicant’s retirement without any request therefor by him,
after giving him a thirty days notice. Upon his retirement he
shall be paid a monthly disability pension in amount equal
to one-half of his monthly salary at date of retirement, but
(2002 Ed.)
Firemen’s Relief and Pensions—1947 Act
which shall not exceed one hundred fifty dollars a month.
If he recovers from his disability he shall thereupon be
restored to active service, with the same rank he held when
he retired.
(3) If the fireman dies during disability and not as a
result thereof, RCW 41.16.160 shall apply. [1959 c 5 § 7;
1957 c 82 § 7. Prior: 1947 c 91 § 8, part; 1935 c 39 § 3,
part; 1929 c 86 § 3, part; 1919 c 196 § 5, part; 1909 c 50 §
5, part; Rem. Supp. 1947 § 9578-47, part.]
41.16.140 Payment upon disablement not in line of
duty. Any fireman who has served more than fifteen years
and sustains a disability not in the performance of his or her
duty which renders him or her unable to continue his or her
service, shall within sixty days exercise his or her choice
either to receive his or her contribution to the fund, plus
earned interest compounded semiannually, or be retired and
paid a monthly pension based on the factor of his or her age
shown in RCW 41.16.080, times his or her average monthly
salary as a member of the fire department of his or her
municipality at the date of his or her retirement, times the
number of years of service rendered at the time he or she
sustained such disability. If such fireman shall die leaving
surviving him a wife or surviving her a husband, or child or
children, then such wife or husband, or if he leaves no wife
or she leaves no husband, then his or her child or children
shall receive the sum of his contributions, plus accumulated
compound interest, and such payment shall be reduced in the
amount of the payments made to deceased. [1973 1st ex.s.
c 154 § 64; 1959 c 5 § 8; 1957 c 82 § 8. Prior: 1947 c 91
§ 8, part; 1935 c 39 § 6, part; 1929 c 86 § 7, part; 1919 c
196 § 9, part; 1909 c 50 § 9, part; Rem. Supp. 1947 §
9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.145 Annual increase in benefits payable on
retirement for service, death in line of duty, and disability—Appeals. The amount of all benefits payable under the
provisions of RCW 41.16.080, 41.16.120, 41.16.130,
41.16.140 and 41.16.230 as now or hereafter amended, shall
be increased annually as hereafter in this section provided.
The local pension board shall meet subsequent to March 31st
but prior to June 30th of each year for the purposes of
adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the
increase in the consumer price index between January 1st
and December 31st of the previous year and increase in
dollar amount the benefits payable subsequent to July 1st of
the year in which said board makes such determination by a
dollar amount proportionate to the increase in the consumer
price index: PROVIDED, That regardless of the change in
the consumer price index, such increase shall be at least two
percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased by this section. This
benefit increase shall be paid monthly as part of the regular
pension payment and shall be cumulative. The increased
benefits authorized by this section shall not affect any
benefit payable under the provisions of chapter 41.16 RCW
in which the benefit payment is attached to a current salary
(2002 Ed.)
41.16.130
of the rank held at time of retirement. A beneficiary of
benefit increases provided for pursuant to this section is
hereby authorized to appeal a decision on such increases or
the failure of the local pension board to order such increased
benefits or the amount of such benefits to the Washington
law enforcement officers’ and fire fighters’ system retirement board provided for in *RCW 41.26.050.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975-’76 2nd ex.s. c 44
§ 1; 1975 1st ex.s. c 178 § 1; 1974 ex.s. c 190 § 1; 1970
ex.s. c 37 § 3; 1969 ex.s. c 209 § 38.]
*Reviser’s note: RCW 41.26.050 was repealed by 1982 c 163 § 23.
Powers, duties, and functions of the Washington law enforcement officers’
and fire fighters’ retirement board were transferred to the director of
retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Construction of RCW 41.16.145—Severability—1975 1st ex.s. c
178: See RCW 41.16.921, 41.16.911.
Construction—1970 ex.s. c 37: See note following RCW 41.18.104.
Effective date—Construction—Severability—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.16.150 Payment on separation from service. (1)
Any fireman who has served twenty years or more and who
shall resign or be dismissed, shall have the option of
receiving all his or her contributions plus earned interest
compounded semiannually, or a monthly pension in the
amount of his average monthly salary times the number of
years of service rendered, times one and one-half percent.
Payment of such pension shall commence at the time of
severance from the fire department, or at the age of fifty-five
years, whichever shall be later. The fireman shall have sixty
days from the severance date to elect which option he or she
will take. In the event he or she fails to exercise his or her
right of election then he or she shall receive the amount of
his or her contributions plus accrued compounded interest.
In the event he or she elects such pension, but dies before
attaining the age of fifty-five, his widow or her widower, or
if he leaves no widow or she leaves no widower, then his or
her child or children shall receive only his contribution, plus
accrued compounded interest. In the event he elects to take
a pension and dies after attaining the age of fifty-five, his
widow or her widower, or if he leaves no widow or she
leaves no widower, then child or children shall receive his
or her contributions, plus accrued compounded interest, less
the amount of pension payments made to such fireman
during his or her lifetime.
(2) Any fireman who shall have served for a period of
less than twenty years, and shall resign or be dismissed, shall
be paid the amount of his or her contributions, plus accrued
compounded interest. [1973 1st ex.s. c 154 § 65; 1959 c 5
§ 9; 1957 c 82 § 9. Prior: 1947 c 91 § 8, part; Rem. Supp.
1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.160 Payment on death not in line of duty.
Whenever any fireman, after four years of service, shall die
from natural causes, or from an injury not sustained in the
[Title 41 RCW—page 85]
41.16.160
Title 41 RCW: Public Employment, Civil Service, and Pensions
performance of his or her duty and for which no pension is
provided in this chapter, and who has not been retired on
account of disability, his widow or her widower, if he or she
was his wife or her husband at the time he or she was
stricken with his or her last illness, or at the time he or she
received the injuries from which he or she died; or if there
is no such widow, then his or her child or children shall be
entitled to the amount of his or her contributions, plus
accrued compounded interest, or the sum of one thousand
dollars, whichever sum shall be the greater. In case of death
as above stated, before the end of four years of service, an
amount based on the proportion of the time of service to
four years shall paid such beneficiaries. [1973 1st ex.s. c
154 § 66; 1959 c 5 § 10; 1957 c 82 § 10. Prior: 1947 c 91
§ 8, part; 1929 c 86 § 7, part; 1919 c 196 § 9, part; 1909 c
50 § 9, part; Rem. Supp. 1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.170 Payment on death of fireman with no
dependents. Whenever a fireman dies leaving no widow or
widower or children, the amount of his or her accumulated
contributions, plus accrued compounded interest only, shall
be paid his or her beneficiary. [1973 1st ex.s. c 154 § 67;
1959 c 5 § 11; 1957 c 82 § 11. Prior: 1947 c 91 § 8, part;
1935 c 39 § 5; 1929 c 86 § 6, part; 1919 c 196 § 8, part;
1909 c 50 § 8, part; Rem. Supp. 1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.180 Funeral expense. Upon the death of any
active, disabled or retired fireman the board shall pay from
the fund the sum of two hundred dollars to assist in defraying the funeral expenses of such fireman. [1959 c 5 § 12;
1957 c 82 § 12. Prior: 1947 c 91 § 8, part; 1935 c 39 § 10;
1929 c 86 § 15; 1919 c 196 § 18; Rem. Supp. 1947 § 957847, part.]
41.16.190 Waiting period—Disability retirement.
No fireman disabled in the performance of duty shall receive
a pension until six months has elapsed after such disability
was sustained. Therefore, whenever the retirement board,
pursuant to examination by the board’s physician and such
other evidence as it may require, shall find a fireman has
been disabled while in the performance of his duties, it shall
declare him inactive. For a period of six months from the
time he became disabled, he shall continue to draw full pay
from his municipality and in addition thereto he shall, at the
expense of the municipality, be provided with such medical,
hospital and nursing care as the retirement board deems
proper. If the board finds at the expiration of six months
that the fireman is unable to return to and perform his duties,
then he shall be retired as herein provided. [1959 c 5 § 13;
1957 c 82 § 13. Prior: 1947 c 91 § 8, part; 1935 c 39 § 4,
part; 1929 c 86 § 5, part; 1919 c 196 § 7, part; 1909 c 50 §
7, part; Rem. Supp. 1947 § 9578-47, part.]
41.16.200 Examination of disability pensioners—
Restoration to duty. The board shall require all firemen
receiving disability pensions to be examined every six
months. All such examinations shall be made by physicians
[Title 41 RCW—page 86]
duly appointed by the board. If a fireman shall fail to
submit to such examination within ten days of having been
so ordered in writing by said retirement board all pensions
or benefits paid to said fireman under this chapter, shall
immediately cease and the disbursing officer in charge of
such payments shall issue no further payments to such
fireman. If such fireman fails to present himself for examination within thirty days after being ordered so to do, he
shall forfeit all rights under this chapter. If such fireman,
upon examination as aforesaid, shall be found fit for service,
he shall be restored to duty in the same rank held at the time
of his retirement, or if unable to perform the duties of said
rank, then, at his request, in such other rank, the duties of
which he is then able to perform. The board shall thereupon
so notify the fireman and shall require him to resume his
duties as a member of the fire department. If, upon being so
notified, such member shall fail to report for employment
within ten days, he shall forfeit all rights to any benefits
under this chapter. [1947 c 91 § 9; Rem. Supp. 1947 §
9578-48. Prior: 1929 c 86 § 8; 1919 c 196 § 10; 1909 c 50
§ 10.]
41.16.210 Transfer of assets to new fund—
Assumption of obligations. (1) Funds or assets on hand in
the firemen’s relief and pension fund of any municipality
established under the provisions of chapter 50, Laws of
1909, as amended, after payment of warrants drawn upon
and payable therefrom, shall, by the city treasurer, be transferred to and placed in the firemen’s pension fund created by
this chapter; and the firemen’s pension fund created by this
chapter shall be liable for and there shall be paid therefrom
in the order of their issuance any and all unpaid warrants
drawn upon said firemen’s relief and pension fund.
(2) Any moneys loaned or advanced by a municipality
from the general or any other fund of such municipality to
the firemen’s relief and pension fund created under the
provisions of chapter 50, Laws of 1909, as amended, and not
repaid shall be an obligation of the firemen’s pension fund
created under this chapter, and shall at such times and in
such amounts as is directed by the board be repaid. [1947
c 91 § 10; Rem. Supp. 1947 § 9578-49.]
41.16.220 Credit for military service. Any person
who was a member of the fire department and within the
provisions of chapter 50, Laws of 1909, as amended, at the
time he entered, and who is a veteran, as defined in RCW
41.04.005, shall have added and accredited to his period of
employment as a fireman as computed under this chapter his
period of war service in such armed forces upon payment by
him of his contribution for the period of his absence, at the
rate provided by chapter 50, Laws of 1909, as amended, for
other members: PROVIDED, HOWEVER, Such accredited
service shall not in any case exceed five years. [1969 ex.s.
c 269 § 7; 1947 c 91 § 11; Rem. Supp. 1947 § 9578-50.]
41.16.230 Repeal does not affect accrued rights.
Chapter 50, Laws of 1909; chapter 196, Laws of 1919;
chapter 86, Laws of 1929, and chapter 39, Laws of 1935
(secs. 9559 to 9578, incl., Rem. Rev. Stat.; secs. 396-1 to
396-43, incl., PPC) and all other acts or parts of acts in
conflict herewith are hereby repealed: PROVIDED, That the
(2002 Ed.)
Firemen’s Relief and Pensions—1947 Act
repeal of said laws shall not affect any "prior fireman", his
widow, her widower, child or children, any fireman eligible
for retirement but not retired, his widow, her widower, child
or children, or the rights of any retired fireman, his widow,
her widower, child or children, to receive payments and
benefits from the firemen’s pension fund created under this
chapter, in the amount, and in the manner provided by said
laws which are hereby repealed and as if said laws had not
been repealed. [1973 1st ex.s. c 154 § 68; 1947 c 91 § 12;
Rem. Supp. 1947 § 9578-51.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.16.240 Application of chapter to fire protection
districts. Any fire protection district having a full paid fire
department may by resolution of its board of fire commissioners provide for the participation of its full time employees in a pension program in the same manner, with the same
powers, and with the same force and effect as to such
districts as the pension program provided by chapter 41.16
RCW for cities, towns and municipalities, or fire protection
districts. [1955 c 46 § 1.]
41.16.250 Retirement and job security rights
preserved upon annexation, etc., of district. If all or any
portion of a fire protection district is annexed to or incorporated into a city or town, or is succeeded by a metropolitan
municipal corporation or county fire department, no full time
paid fireman affected by such annexation, incorporation or
succession shall receive a reduction in his retirement and job
security rights: PROVIDED, That this section shall not
apply to any retirement and job security rights authorized
under chapter 41.24 RCW. [1963 c 63 § 1.]
41.16.260 Transfer of credit from city employees’
retirement system to firemen’s pension system. See RCW
41.18.210.
41.16.900 Severability—1947 c 91. If any clause,
part or section of this chapter shall be adjudged in violation
of the Constitution, or for any reason invalid, such judgment
shall not affect nor invalidate the remainder of the chapter,
nor any other clause, part or section thereof, but such
judgment shall be confined in its operation to the clause, part
or section directly involved in the controversy in which such
judgment was rendered, and the balance of the chapter shall
remain in full force and effect. [1947 c 91 § 13.]
41.16.910 Severability—1959 c 5. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to any other persons or circumstances is not
affected. [1959 c 5 § 15.]
41.16.911 Severability—1975 1st ex.s. c 178. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975 1st ex.s. c 178 § 6.]
(2002 Ed.)
41.16.230
41.16.920 Construction—1959 c 5—Benefits retroactively authorized. The provisions of chapter 5, Laws of
1959 are intended to be remedial and procedural and any
benefits heretofore paid to recipients hereunder pursuant to
any previous act are retroactively included and authorized as
a part of chapter 5, Laws of 1959. [1959 c 5 § 14.]
41.16.921 Construction—1975 1st ex.s. c 178, RCW
41.16.145. (1) The provisions of this section are procedural
and remedial.
(2) The application and effect of chapter 178, Laws of
1975 1st ex. sess. shall be retroactive to and including May
6, 1974. Each benefit being paid on June 4, 1975, shall then
be adjusted as if chapter 178, Laws of 1975 1st ex. sess. had
been in existence since May 6, 1974. Additionally, any
amounts which would have been paid had chapter 178, Laws
of 1975 1st ex. sess. been in effect since May 6, 1974, shall
then be due as a one-time lump sum payment.
(3) The provisions of RCW 41.16.145 shall be construed
and read to have granted the percentage increase provided by
that section to those receiving benefits pursuant to RCW
41.16.230, until and including July 1, 1974, at which time
those persons shall be regarded as eligible for the benefits
granted by chapter 190, Laws of 1974 ex. sess., as provided
in subsection (2) of this section. Any amounts now payable
due to a failure to so construe and read RCW 41.16.145 are
now due as a one-time lump sum payment. [1975 1st ex.s.
c 178 § 5.]
Chapter 41.18
FIREMEN’S RELIEF AND PENSIONS—1955 ACT
Sections
41.18.010
41.18.015
41.18.020
41.18.030
41.18.040
41.18.045
41.18.050
41.18.060
41.18.080
41.18.090
41.18.100
41.18.102
41.18.104
41.18.130
41.18.140
41.18.150
41.18.160
41.18.165
41.18.170
41.18.180
41.18.190
41.18.200
Definitions.
Pension boards in fire districts created—Members—Terms—
Vacancies—Officers—Quorum.
Powers and duties of board.
Contributions by firemen.
Retirement for service—Widow’s or widower’s pension—
Payments to children.
Pension benefits for widows or widowers of unretired, eligible firemen—Retroactive.
Disablement in line of duty—Retirement.
Disablement in line of duty—Inactive period—Allowance—
Medical, hospital, nursing care.
Payment upon disablement not in line of duty.
Examination of disability pensioners—Restoration to active
duty.
Payment on death in line of duty or while retired on account
of service connected disability.
Applicability of RCW 41.18.040 and 41.18.100.
Annual increase in benefits payable on retirement for service
or disability—Appeals.
Payment on separation—With less than twenty-five years
service or less than fifty years of age—Option to be
classified as vested fireman.
Funeral expenses.
Credit for military service.
Certain firemen may elect to be covered under other law.
Credit for membership in private organization acquired by
municipality.
Application of chapter.
Fireman contributor under prior law may obtain benefits of
chapter—Refunds.
Transfer of membership authorized.
Minimum pension.
[Title 41 RCW—page 87]
Chapter 41.18
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.18.210
Transfer of credit from city employees’ retirement system to
firemen’s pension system.
Prior acts relating to firemen’s relief and pensions: 1935 c 39;
1929 c 86; 1919 c 196; 1909 c 50 were repealed by 1947 c 91 § 12
(codified as RCW 41.16.230).
Firemen’s relief and pensions—1947 act: Chapter 41.16 RCW.
Volunteer fire fighters’ relief and pensions: Chapter 41.24 RCW.
41.18.010 Definitions. For the purpose of this
chapter, unless clearly indicated otherwise by the context,
words and phrases shall have the meaning hereinafter ascribed.
(1) "Beneficiary" shall mean any person or persons
designated by a fireman in a writing filed with the board,
and who shall be entitled to receive any benefits of a
deceased fireman under this chapter.
(2) "Fireman" means any person hereafter regularly or
temporarily, or as a substitute newly employed and paid as
a member of a fire department, who has passed a civil
service examination for fireman and who is actively employed as a fireman or, if provided by the municipality by
appropriate local legislation, as a fire dispatcher: PROVIDED, Nothing in *this 1969 amendatory act shall impair or
permit the impairment of any vested pension rights of
persons who are employed as fire dispatchers at the time
*this 1969 amendatory act takes effect; and any person heretofore regularly or temporarily, or as a substitute, employed
and paid as a member of a fire department, and who has
contributed under and been covered by the provisions of
chapter 41.16 RCW as now or hereafter amended and who
has come under the provisions of this chapter in accordance
with RCW 41.18.170 and who is actively engaged as a fireman or as a member of the fire department as a fireman or
fire dispatcher.
(3) "Retired fireman" means and includes a person
employed as a fireman and retired under the provisions of
this chapter.
(4) "Basic salary" means the basic monthly salary,
including longevity pay, attached to the rank held by the
retired fireman at the date of his retirement, without regard
to extra compensation which such fireman may have
received for special duties assignments not acquired through
civil service examination: PROVIDED, That such basic
salary shall not be deemed to exceed the salary of a battalion
chief.
(5) "Widow or widower" means the surviving spouse of
a fireman and shall include the surviving wife or husband of
a fireman, retired on account of length of service, who was
lawfully married to him or to her for a period of five years
prior to the time of his or her retirement; and the surviving
wife or husband of a fireman, retired on account of disability, who was lawfully married to him or her at and prior to
the time he or she sustained the injury or contracted the
illness resulting in his or her disability. The word shall not
mean the divorced wife or husband of an active or retired
fireman.
(6) "Child" or "children" means a fireman’s child or
children under the age of eighteen years, unmarried, and in
the legal custody of such fireman at the time of his death or
her death.
(7) "Earned interest" means and includes all annual
increments to the firemen’s pension fund from income
[Title 41 RCW—page 88]
earned by investment of the fund. The earned interest
payable to any fireman when he leaves the service and
accepts his contributions, shall be that portion of the total
earned income of the fund which is directly attributable to
each individual fireman’s contributions. Earnings of the
fund for the preceding year attributable to individual contributions shall be allocated to individual firemen’s accounts as
of January 1st of each year.
(8) "Board" shall mean the municipal firemen’s pension
board.
(9) "Contributions" shall mean and include all sums
deducted from the salary of firemen and paid into the fund
as hereinafter provided.
(10) "Disability" shall mean and include injuries or
sickness sustained by a fireman.
(11) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firemen of the
municipality.
(12) "Fund" shall have the same meaning as in RCW
41.16.010 as now or hereafter amended. Such fund shall be
created in the manner and be subject to the provisions specified in chapter 41.16 RCW as now or hereafter amended.
(13) "Municipality" shall mean every city, town and fire
protection district having a regularly organized full time,
paid, fire department employing firemen.
(14) "Performance of duty" shall mean the performance
of work or labor regularly required of firemen and shall
include services of an emergency nature normally rendered
while off regular duty. [1973 1st ex.s. c 154 § 69; 1969
ex.s. c 209 § 40; 1965 ex.s. c 45 § 2; 1961 c 255 § 1; 1955
c 382 § 1.]
*Reviser’s note: For codification of "this 1969 amendatory act"
[1969 ex.s. c 209], see Codification Tables, Volume 0.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
Severability—1961 c 255: "If any clause, part or section of this act
shall be adjudged in violation of the constitution, or for any reason invalid,
such judgment shall not affect nor invalidate the remainder of the act, nor
any clause, part or section thereof, but such judgment shall be confined in
its operation to the clause, part or section directly involved in the controversy in which judgment was rendered, and the balance of the act shall remain
in full force and effect." [1961 c 255 § 13.]
41.18.015 Pension boards in fire districts created—
Members—Terms—Vacancies—Officers—Quorum.
There is hereby created in each fire protection district which
qualifies under this chapter, a firemen’s pension board to
consist of the following five members, the chairman of the
fire commissioners for said district who shall be chairman of
the board, the county auditor, county treasurer, and in
addition, two regularly employed or retired fire fighters
elected by secret ballot of the employed and retired fire
fighters. Retired members who are subject to the jurisdiction
of the pension board have both the right to elect and the
right to be elected under this section. The first members to
be elected by the fire fighters shall be elected annually for
a two-year term. The two fire fighter elected members shall,
in turn, select a third eligible member who shall serve in the
event of an absence of one of the regularly elected members.
In case a vacancy occurs in the membership of the fire
fighter or retired members, the members shall in the same
(2002 Ed.)
Firemen’s Relief and Pensions—1955 Act
manner elect a successor to serve the unexpired term. The
board may select and appoint a secretary who may, but need
not be a member of the board. In case of absence or inability
of the chairman to act, the board may select a chairman pro
tempore who shall during such absence or inability perform
the duties and exercise the powers of the chairman. A
majority of the members of said board shall constitute a quorum and have power to transact business. [1992 c 6 § 1;
1961 c 255 § 11.]
41.18.020 Powers and duties of board. The board,
in addition to such general and special powers as are vested
in it by the provisions of chapter 41.16 RCW, which powers
the board shall have with respect to this chapter shall have
power to:
(1) Generally supervise and control the administration
of this chapter;
(2) Pass upon and allow or disallow applications for
pensions or other benefits provided by this chapter;
(3) Provide for payment from the firemen’s pension
fund of necessary expenses of maintenance and administration required by the provisions of this chapter;
(4) Make rules and regulations not inconsistent with this
chapter for the purpose of carrying out and effecting the
same;
(5) Require the physicians appointed under the provisions of chapter 41.16 RCW, to examine and report to the
board upon all applications for relief and pensions under this
chapter; and
(6) Perform such acts, receive such compensation and
enjoy such immunity as provided in RCW 41.16.040. [1955
c 382 § 2.]
41.18.030 Contributions by firemen. Every fireman
to whom this chapter applies shall contribute to the firemen’s
pension fund a sum equal to six percent of his basic salary
which shall be deducted therefrom and placed in the fund.
[1961 c 255 § 2; 1955 c 382 § 3.]
41.18.040 Retirement for service—Widow’s or
widower’s pension—Payments to children. Whenever any
fireman, *at the time of taking effect of this act or thereafter,
shall have been appointed under civil service rules and have
served for a period of twenty-five years or more as a
member in any capacity of the regularly constituted fire
department of any city, town or fire protection district which
may be subject to the provisions of this chapter, and shall
have attained the age of fifty years, he or she shall be
eligible for retirement and shall be retired by the board upon
his or her written request. Upon his or her retirement such
fireman shall be paid a monthly pension which shall be
equal to fifty percent of the basic salary now or hereafter
attached to the same rank and status held by the said fireman
at the date of his or her retirement: PROVIDED, That a
fireman hereafter retiring who has served as a member for
more than twenty-five years, shall have his pension payable
under this section increased by two percent of the basic
salary per year for each full year of such additional service
to a maximum of five additional years.
Upon the death of any such retired fireman, his or her
pension shall be paid to his widow or her widower, at the
(2002 Ed.)
41.18.015
same monthly rate that the retired fireman would have
received had he or she lived, if such widow or widower was
his wife or her husband for a period of five years prior to
the time of his or her retirement. If there be no widow or
widower, then such monthly payments shall be distributed to
and divided among his or her children, share and share alike,
until they reach the age of eighteen or are married, whichever occurs first. [1973 1st ex.s. c 154 § 70; 1969 ex.s. c 209
§ 29; 1965 ex.s. c 45 § 3; 1961 c 255 § 3; 1955 c 382 § 4.]
*Reviser’s note: The phrase "at the time of taking effect of this act
or thereafter" first appears in the 1961 amendment, which became effective
at midnight June 7, 1961 (see preface, 1961 session laws). The basic act,
1955 c 382, became effective at midnight June 8, 1955 (see preface, 1955
session laws).
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Applicability—1969 ex.s. c 209: See RCW 41.18.102.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.045 Pension benefits for widows or widowers
of unretired, eligible firemen—Retroactive. Upon the
death of a fireman who is eligible to retire under RCW
41.18.040 as now or hereafter amended, but who has not
retired, a pension shall be paid to his widow or her widower
at the same monthly rate that he or she was eligible to
receive at the time of his or her death, if such widow or
widower was his wife or her husband for a period of five
years prior to his or her death. If there be no widow or
widower, then such monthly payments shall be distributed to
and divided among his or her children, share and share alike,
until they reach the age of eighteen or are married, whichever comes first.
This section shall apply retroactively for the benefit of
all widows or widowers and survivors of firemen who died
after January 1, 1967, if such firemen were otherwise
eligible to retire on the date of death. [1973 1st ex.s. c 154
§ 71; 1969 ex.s. c 209 § 25.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.050 Disablement in line of duty—Retirement.
Every fireman who shall become disabled as a result of the
performance of duty may be retired at the expiration of six
months from the date of his disability, upon his written request filed with his retirement board. The board may, upon
such request being filed, consult such medical advice as it
sees fit, and may have the applicant examined by such
physicians as it deems desirable. If from the reports of such
physicians the board finds the applicant capable of performing his duties in the fire department, the board may refuse to
recommend his retirement. If, after the expiration of six
months from the date of his disability, the board deems it for
the good of the fire department or the pension fund it may
recommend the retirement of a fireman disabled as a result
of the performance of duty without any request for the same
by him, and after having been given by the board a thirty
days’ written notice of such recommendation he shall be
retired. [1955 c 382 § 5.]
[Title 41 RCW—page 89]
41.18.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.18.060 Disablement in line of duty—Inactive
period—Allowance—Medical, hospital, nursing care.
Whenever the retirement board, pursuant to examination by
the board’s physician and such other evidence as it may
require, shall find a fire fighter has been disabled while in
the performance of his or her duties it shall declare the fire
fighter inactive. For a period of six months from the time
of the disability the fire fighter shall draw from the pension
fund a disability allowance equal to his or her basic monthly
salary and, in addition, shall be provided with medical,
hospital and nursing care as long as the disability exists.
The board may, at its discretion, elect to reimburse the
disabled fire fighter for premiums the fire fighter has paid
for medical insurance that supplements medicare, including
premiums the fire fighter has paid for medicare part B
coverage. If the board finds at the expiration of six months
that the fire fighter is unable to return to and perform his or
her duties, the fire fighter shall be retired at a monthly sum
equal to fifty percent of the amount of his or her basic salary
at any time thereafter attached to the rank which he or she
held at the date of retirement: PROVIDED, That where, at
the time of retirement hereafter for disability under this
section, the fire fighter has served honorably for a period of
more than twenty-five years as a member, in any capacity of
the regularly constituted fire department of a municipality,
the fire fighter shall have his or her pension payable under
this section increased by two percent of his or her basic
salary per year for each full year of additional service to a
maximum of five additional years. [1992 c 22 § 1; 1969
ex.s. c 209 § 30; 1961 c 255 § 4; 1955 c 382 § 6.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.080 Payment upon disablement not in line of
duty. Any fireman who has completed his or her probationary period and has been permanently appointed, and sustains
a disability not in the performance of his or her duty which
renders him or her unable to continue his or her service, may
request to be retired by filing a written request with his or
her retirement board within sixty days from the date of his
or her disability. The board may, upon such request being
filed, consult such medical advice as it deems fit and proper.
If the board finds the fireman capable of performing his or
her duties, it may refuse to recommend retirement and order
the fireman back to duty. If no request for retirement has
been received after the expiration of sixty days from the date
of his or her disability, the board may recommend retirement
of the fireman. The board shall give the fireman a thirty day
written notice of its recommendation, and he or she shall be
retired upon expiration of said notice. Upon retirement he
shall receive a pension equal to fifty percent of his or her
basic salary. For a period of ninety days following such
disability the fireman shall receive an allowance from the
fund equal to his or her basic salary. He or she shall during
said ninety days be provided with such medical, hospital,
and nursing care as the board deems proper. No funds shall
be expended for such disability if the board determines that
the fireman was gainfully employed or engaged for compensation in other than fire department duty when the disability
occurred, or if such disability was the result of dissipation or
abuse. Whenever any fireman shall die as a result of a
disability sustained not in the line of duty, his widow or her
[Title 41 RCW—page 90]
widower shall receive a monthly pension equal to one-third
of his or her basic salary until remarried; if such widow or
widower has dependent upon her or him for support a child
or children of such deceased fireman, he or she shall receive
an additional pension as follows: One child, one-eighth of
the deceased’s basic salary; two children, one-seventh; three
or more children, one-sixth. If there be no widow or
widower, monthly payments equal to one-third of the
deceased fireman’s basic salary shall be made to his or her
child or children. The widow or widower may elect at any
time in writing to receive a cash settlement, and if the board
after hearing finds it financially beneficial to the pension
fund, he or she may receive the sum of five thousand dollars
cash in lieu of all future monthly pension payments, and
other benefits, including benefits to any child and/or children. [1973 1st ex.s. c 154 § 72; 1965 c 109 § 1; 1961 c
255 § 5; 1955 c 382 § 9.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.18.090 Examination of disability pensioners—
Restoration to active duty. The board shall require all
firemen receiving disability pensions to be examined every
six months: PROVIDED, That no such examinations shall
be required if upon certification by physicians the board
shall formally enter upon its records a finding of fact that the
disability is and will continue to be of such a nature that
return to active duty can never reasonably be expected. All
examinations shall be made by physicians duly appointed by
the board. If a fireman shall wilfully fail to present himself
for examination, within thirty days after being ordered so to
do, he shall forfeit all rights under this chapter. If such
fireman, upon examination as aforesaid, shall be found fit for
service, he shall be restored to duty in the same rank held at
the time of his retirement, or if unable to perform the duties
of said rank then, at his request, in such other like or lesser
rank as may be or become open and available, the duties of
which he is then able to perform. The board shall thereupon
so notify the fireman and shall require him to resume his
duties as a member of the fire department. If, upon being so
notified, such member shall wilfully fail to report for
employment within ten days, he shall forfeit all rights to any
benefit under this chapter. [1955 c 382 § 15.]
41.18.100 Payment on death in line of duty or while
retired on account of service connected disability. In the
event a fireman is killed in the performance of duty, or in
the event a fireman retired on account of service connected
disability shall die from any cause, his widow or her
widower shall receive a monthly pension under one of the
following applicable provisions: (1) If a fireman is killed in
the line of duty his widow or her widower shall receive a
monthly pension equal to fifty percent of his or her basic
salary at the time of his or her death; (2) if a fireman who
has retired on account of a service connected disability dies,
his widow or her widower shall receive a monthly pension
equal to the amount of the monthly pension such retired fireman was receiving at the time of his or her death. If she or
he at any time so elects in writing and the board after
hearing finds it to be financially beneficial to the pension
fund, he or she may receive in lieu of all future monthly
(2002 Ed.)
Firemen’s Relief and Pensions—1955 Act
pension and other benefits, including benefits to child or
children, the sum of five thousand dollars in cash. If there
be no widow or widower at the time of such fireman’s death
or upon the widow’s or widower’s death the monthly
pension benefits hereinabove provided for shall be paid to
and divided among his or her child or children share and
share alike, until they reach the age of eighteen or are
married, whichever occurs first. The widow’s or widower’s
monthly pension benefit, including increased benefits to his
or her children shall cease if and when he or she remarries:
PROVIDED, That no pension payable under the provisions
of this section shall be less than that specified under RCW
41.18.200. [1975 1st ex.s. c 178 § 4; 1973 1st ex.s. c 154
§ 73; 1969 ex.s. c 209 § 28; 1965 ex.s. c 45 § 4; 1955 c 382
§ 8.]
Construction—Severability—1975 1st ex.s. c 178: See RCW
41.16.911, 41.16.921.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.102 Applicability of RCW 41.18.040 and
41.18.100. The provisions of RCW 41.18.040 and 41.18.100
shall be applicable to all firemen employed prior to March
1, 1970, but shall not apply to any former fireman who has
terminated his employment prior to July 1, 1969. [1969
ex.s. c 209 § 32.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.104 Annual increase in benefits payable on
retirement for service or disability—Appeals. The amount
of all benefits payable under the provisions of RCW
41.18.040, 41.18.080, 41.18.100 and 41.18.200 as now or
hereafter amended, shall be increased annually as hereafter
in this section provided. The local pension board shall meet
subsequent to March 31st but prior to June 30th of each year
for the purpose of adjusting benefit allowances payable
pursuant to the aforementioned sections. The local board
shall determine the increase in the consumer price index
between January 1st and December 31st of the previous year
and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board makes such
determination by a dollar amount proportionate to the
increase in the consumer price index: PROVIDED, That
regardless of the change in the consumer price index, such
increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this
section. This benefit increase shall be paid monthly as part
of the regular pension payment and shall be cumulative.
The increased benefits authorized by this section shall not
affect any benefit payable under the provisions of chapter
41.18 RCW in which the benefit payment is attached to a
current salary of the rank held at time of retirement. A
beneficiary of benefit increases provided for pursuant to this
section is hereby authorized to appeal a decision on such
increases or the failure of the local pension board to order
such increased benefits or the amount of such benefits to the
(2002 Ed.)
41.18.100
Washington law enforcement officers’ and fire fighters’
system retirement board provided for in *RCW 41.26.050.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975-’76 2nd ex.s. c 44
§ 2; 1975 1st ex.s. c 178 § 2; 1974 ex.s. c 190 § 2; 1970
ex.s. c 37 § 1; 1969 ex.s. c 209 § 33.]
*Reviser’s note: RCW 41.26.050 was repealed by 1982 c 163 § 23.
Powers, duties, and functions of the Washington law enforcement officers’
and fire fighters’ retirement board were transferred to the director of
retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Construction—Severability—1975 1st ex.s. c 178: See RCW
41.16.911, 41.16.921.
Construction—1970 ex.s. c 37: "This 1970 amendatory act shall be
null and void and of no further force and effect if the 1970 extraordinary
session of the Legislature does not pass legislation authorizing cities and
counties to levy additional taxes or appropriate at least ten million dollars
for distribution to cities and towns for the remainder of the 1969-71 fiscal
biennium." [1970 ex.s. c 37 § 4.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.130 Payment on separation—With less than
twenty-five years service or less than fifty years of age—
Option to be classified as vested fireman. Any fireman
who shall have served for a period of less than twenty-five
years, or who shall be less than fifty years of age, and shall
resign, or be dismissed from the fire department for a reason
other than conviction for a felony, shall be paid the amount
of his contributions to the fund plus earned interest:
PROVIDED, That in the case of any fireman who has
completed twenty years of service, such fireman, upon
termination for any cause except for a conviction of a felony, shall have the option of electing, in lieu of recovery of
his contributions as herein provided, to be classified as a
vested fireman in accordance with the following provisions:
(1) Written notice of such election shall be filed with
the board within thirty days after the effective date of such
fireman’s termination;
(2) During the period between the date of his termination and the date upon which he becomes a retired fireman
as hereinafter provided, such vested fireman and his spouse
or dependent children shall be entitled to all benefits available under chapter 41.18 RCW to a retired fireman and his
spouse or dependent children with the exception of the
service retirement allowance as herein provided for:
PROVIDED, That any claim for medical coverage under
RCW 41.18.060 shall be attributable to service connected
illness or injury;
(3) Any fireman electing to become a vested fireman
shall be entitled at such time as he otherwise would have
completed twenty-five years of service had he not terminated, to receive a service retirement allowance computed on
the following basis: Two percent of the amount of salary
attached to the position held by the vested fireman for the
year preceding the date of his termination, for each year of
service rendered prior to the date of his termination. [1969
ex.s. c 209 § 31; 1961 c 255 § 6; 1955 c 382 § 11.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
[Title 41 RCW—page 91]
41.18.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.18.140 Funeral expenses. The board shall pay
from the firemen’s pension fund upon the death of any
active or retired fireman the sum of five hundred dollars, to
assist in defraying the funeral expenses of such fireman.
[1961 c 255 § 7; 1955 c 382 § 13.]
41.18.150 Credit for military service. Every person
who was a member of the fire department at the time he
entered and served in the armed forces of the United States
in time of war, whether as a draftee, or inductee, and who
shall have been discharged from such armed forces under
conditions other than dishonorable, shall have added and
accredited to his period of employment as a fireman his
period of war or peacetime service in the armed forces:
PROVIDED, That such added and accredited service shall
not as to any individual exceed five years. [1955 c 382 §
14.]
41.18.160 Certain firemen may elect to be covered
under other law. Every fireman as defined in this chapter
heretofore employed as a member of a fire department,
whether or not as a prior fireman as defined in chapter 41.16
RCW, who desires to make the contributions and avail
himself of the pension and other benefits of said chapter
41.16 RCW, can do so by handing to and leaving with the
firemen’s pension board of his municipality a written notice
of such intention within sixty days of the effective date of
this chapter, or if he was on disability retirement under
chapter 41.16 RCW, at the effective date of this chapter and
has been recalled to active duty by the retirement board,
shall give such notice within sixty days of his return to
active duty, and not otherwise. [1955 c 382 § 17.]
Reviser’s note: Effective date of chapter 41.18 RCW is midnight
June 8, 1955; see preface 1955 session laws.
41.18.165 Credit for membership in private organization acquired by municipality. Every person who was
a member of a fire-fighting organization operated by a
private enterprise, which fire-fighting organization shall be
hereafter acquired before September 1, 1959, by a municipality as its fire department as a matter of public convenience
or necessity, where it is in the public interest to retain the
trained personnel of such fire-fighting organization, shall
have added and accredited to his period of employment as a
fireman his period of service with said private enterprise,
except that this shall apply only to those persons who are in
the service of such fire-fighting organization at the time of
its acquisition by the municipality and who remain in the
service of that municipality until this chapter shall become
applicable to such persons.
No such person shall have added and accredited to his
period of employment as a fireman his period of service with
said private enterprise unless he or a third party shall pay to
the municipality his contribution for the period of such
service with the private enterprise at the rate provided in
RCW 41.18.030, or, if he shall be entitled to any private
pension or retirement benefits as a result of such service
with the private enterprise, unless he agrees at the time of
his employment by the municipality to accept a reduction in
the payment of any benefits payable under this chapter that
are based in whole or in part on such added and accredited
[Title 41 RCW—page 92]
service by the amount of those private pension or retirement
benefits received. For the purposes of RCW 41.18.030, the
date of entry of service shall be deemed the date of entry
into service with the private enterprise, which service is
accredited by this section, and the amount of contributions
for the period of accredited service shall be based on the
wages or salary of such person during that added and
accredited period of service with the private enterprise.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary
to enable the fund to assume its obligations. [1959 c 69 §
1.]
41.18.170 Application of chapter. The provisions of
this chapter governing contributions, pensions, and benefits
shall have exclusive application (1) to firemen as defined in
this chapter hereafter becoming members of a fire department, (2) to firemen as defined in this chapter heretofore
employed in a department who have not otherwise elected as
provided for in RCW 41.18.160, and (3) to firemen on
disability retirement under chapter 41.16 RCW, at the
effective date of this chapter, who thereafter shall have been
returned to active duty by the retirement board, and who
have not otherwise elected as provided for in RCW
41.18.160 within sixty days after return to active duty.
[1955 c 382 § 16.]
41.18.180 Fireman contributor under prior law may
obtain benefits of chapter—Refunds. Any fireman who
has made contributions under any prior act may elect to avail
himself of the benefits provided by this chapter or under
such prior act by filing written notice with the board within
sixty days from the effective date of this 1961 amendatory
act: PROVIDED, That any fireman who has received
refunds by reason of selecting the benefits of prior acts shall
return the amount of such refunds as a condition to coverage
under this 1961 amendatory act. [1961 c 255 § 12.]
Reviser’s note: "this 1961 amendatory act" [1961 c 255] consists of
RCW 41.16.020, 41.16.050, 41.16.060, 41.18.010, 41.18.015, 41.18.030,
41.18.040, 41.18.060, 41.18.080, 41.18.130, 41.18.140, and 41.18.180, and
the repeal of RCW 41.18.070, 41.18.110, and 41.18.120. The act became
effective at midnight June 7, 1961 (see preface, 1961 session laws).
41.18.190 Transfer of membership authorized. Any
fireman as defined in RCW 41.18.010 who has prior to July
1, 1969 been employed as a member of a fire department
and who desires to make contributions and avail himself of
the pension and other benefits of chapter 41.18 RCW as now
law or hereafter amended, may transfer his membership from
any other pension fund, except the Washington law enforcement officers’ and fire fighters’ retirement system, to the
pension fund provided in chapter 41.18 RCW: PROVIDED,
That such fireman transmits written notice of his intent to
transfer to the pension board of his municipality prior to
September 1, 1969. [1969 ex.s. c 209 § 41.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
Law enforcement officers’ and fire fighters’ retirement system: Chapter
41.26 RCW.
(2002 Ed.)
Firemen’s Relief and Pensions—1955 Act
41.18.200 Minimum pension. All retirees and
survivors receiving a pension under the provisions of this
chapter shall from and after April 25, 1973 receive a
minimum pension of three hundred dollars per month. [1973
1st ex.s. c 181 § 2.]
41.18.210 Transfer of credit from city employees’
retirement system to firemen’s pension system. Any
former employee of a department of a city of the first class,
who (1) was a member of the employees’ retirement system
of such city, and (2) is now employed within the fire
department of such city, may transfer his former membership
credit from the city employees’ retirement system to the
fireman’s pension system created by chapters 41.16 and
41.18 RCW by filing a written request with the board of
administration and the municipal fireman’s pension board,
respectively.
Upon the receipt of such request, the transfer of
membership to the city’s fireman’s pension system shall be
made, together with a transfer of all accumulated contributions credited to such member. The board of administration shall transmit to the municipal fireman’s pension
board a record of service credited to such member which
shall be computed and credited to such member as a part of
his period of employment in the city’s fireman’s pension
system. For the purpose of the transfer contemplated by this
section, those affected individuals who have formerly
withdrawn funds from the city employees’ retirement system
shall be allowed to restore contributions withdrawn from that
retirement system directly to the fireman’s pension system
and receive credit in the fireman’s pension system for their
former membership service in the prior system.
Any employee so transferring shall have all the rights,
benefits, and privileges that he would have been entitled to
had he been a member of the city’s fireman’s pension
system from the beginning of his employment with the city.
No person so transferring shall thereafter be entitled to
any other public pension, except that provided by chapter
41.26 RCW or social security, which is based upon such
service with the city.
The right of any employee to file a written request for
transfer of membership as set forth in this section shall
expire December 31, 1974. [1974 ex.s. c 148 § 1.]
Chapter 41.20
POLICE RELIEF AND PENSIONS
IN FIRST CLASS CITIES
Sections
41.20.005
41.20.010
41.20.020
41.20.030
41.20.040
41.20.050
41.20.060
41.20.061
41.20.065
41.20.070
41.20.080
(2002 Ed.)
Definitions.
Board of trustees—Composition.
Officers of board—Annual report.
Meetings—Disbursements of fund—Quorum.
Additional powers of board.
Pension on retirement for years of service.
Pension on retirement for duty connected disability.
Increase in presently payable benefits for service or disability authorized.
Pension on retirement for nonduty disability.
Certificate of disability.
Pension on death before or after retirement.
41.20.085
41.20.086
41.20.090
41.20.100
41.20.110
41.20.120
41.20.130
41.20.140
41.20.150
41.20.155
41.20.160
41.20.170
41.20.175
41.20.180
41.20.900
41.20.910
41.18.200
Pension on death before or after retirement—Surviving
spouse not formerly covered—"Surviving spouse" defined.
Increase in certain presently payable death benefits authorized.
Lump sum payment on death before or after retirement.
Examination of disability pensioners—Emergency duty.
Withdrawal of pension—Grounds.
Sick benefits.
Fund created.
Pension payments monthly—Surplus to general fund.
Return of member’s contributions—Option to be classified
as vested member.
Return of member’s contributions—Applicability.
Credit for membership in private organization acquired by
city of first class.
Transfer of membership.
Transfer of service credit from firemen’s pension system to
city’s police pension system.
Exemption from taxation and judicial process—Exception—
Assignability.
Construction—1959 c 6—Benefits retroactively authorized.
Severability—1959 c 6.
41.20.005 Definitions. As used in chapter 41.20
RCW:
(1) "Rank" means civil service rank.
(2) "Position" means the particular employment held at
any particular time, which may or may not be the same as
civil service rank.
(3) Words importing masculine gender shall extend to
females also.
(4) "Salary" means the basic monthly rate of salary or
wages, including longevity pay but not including overtime
earnings or special salary or wages. [1969 ex.s. c 209 § 39;
1959 c 78 § 1.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.010 Board of trustees—Composition. (1) The
mayor or his designated representative who shall be an
elected official of the city, and the clerk, treasurer, president
of the city council or mayor pro tem of each city of the first
class, or in case any such city has no city council, the
commissioner who has supervision of the police department,
together with three active or retired members of the police
department, to be elected as herein provided, in addition to
the duties now required of them, are constituted a board of
trustees of the relief and pension fund of the police department of each such city, and shall provide for the disbursement of the fund, and designate the beneficiaries thereof.
(2) The police department and the retired law enforcement officers of each city of the first class shall elect three
members to act as members of the board. Members shall be
elected for three year terms. Existing members shall
continue in office until replaced as provided for in this
section.
(3) Such election shall be held in the following manner.
Not more than thirty nor less than fifteen days preceding the
first day of June in each year, written notice of the nomination of any member or retired member of the department for
membership on the board may be filed with the secretary of
the board. Each notice of nomination shall be signed by not
less than five members or retired members of the department, and nothing herein contained shall prevent any
member or retired member of the department from signing
[Title 41 RCW—page 93]
41.20.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
more than one notice of nomination. The election shall be
held on a date to be fixed by the secretary during the month
of June. Notice of the dates upon which notice of nomination may be filed and of the date fixed for the election of
such members of the board shall be given by the secretary
of the board by posting written notices thereof in a prominent place in the police headquarters. For the purpose of
such election, the secretary of the board shall prepare and
furnish printed or typewritten ballots in the usual form,
containing the names of all persons regularly nominated for
membership and shall furnish a ballot box for the election.
Each member and each retired member of the police department shall be entitled to vote at the election for one nominee
as a member of the board. The chief of the department shall
appoint two members to act as officials of the election, who
shall be allowed their regular wages for the day, but shall receive no additional compensation therefor. The election
shall be held in the police headquarters of the department
and the polls shall open at 7:30 a.m. and close at 8:30 p.m.
The one nominee receiving the highest number of votes shall
be declared elected to the board and his term shall commence on the first day of July succeeding the election. In
the first election the nominee receiving the greatest number
of votes shall be elected to the three year term, the second
greatest to the two year term and the third greatest to the one
year term. Retired members who are subject to the jurisdiction of the board have both the right to elect and the right to
be elected under this section. Ballots shall contain all names
of those nominated, both active and retired. Notice of
nomination and voting by retired members shall be conducted by the board. [1988 c 164 § 3; 1973 1st ex.s. c 16 § 1;
1955 c 69 § 1; 1911 c 18 § 1; 1909 c 39 § 1; RRS § 9579.]
41.20.020 Officers of board—Annual report. The
mayor, or his designated representative, shall be ex officio
chairman, the clerk shall be ex officio secretary, and the
treasurer shall be ex officio treasurer of said board. The secretary of said board, at the time of making his annual reports
as said city clerk, shall annually report the condition of said
fund, the receipts and disbursements on account of the same,
together with a complete list of the beneficiaries of said
fund, and the amounts paid to each of them. [1973 1st ex.s.
c 16 § 2; 1909 c 39 § 2; RRS § 9580.]
41.20.030 Meetings—Disbursements of fund—
Quorum. The board herein provided for shall hold monthly
meetings on the first Mondays of each month and upon the
call of its president. It shall issue warrants, signed by its
president and secretary, to the persons entitled thereto under
provisions of this chapter other than RCW 41.20.050,
41.20.060, 41.20.080 and 41.20.085 for the amounts of
money ordered paid to such persons from such fund by said
board, which warrants shall state for what purpose such
payments are made; it shall keep a record of its proceedings,
which record shall be a public record; it shall, at each
monthly meeting, send to the treasurer of such city a written
or printed list of all persons entitled to payment under
provisions of this chapter other than RCW 41.20.050,
41.20.060, 41.20.080 and 41.20.085 from the fund herein
provided for, stating the amount of such payments and for
what granted, which list shall be certified to and signed by
[Title 41 RCW—page 94]
the president and secretary of such board, attested under
oath. The treasurer of such city shall thereupon enter a copy
of said list upon a book to be kept for that purpose and
which shall be known as "the police relief and pension fund
book", and the said board shall direct payment of the
amounts named therein to the persons entitled thereto, out of
such fund. The treasurer shall prepare and enter into such
book an additional list showing those persons entitled to
payment under RCW 41.20.050, 41.20.060, 41.20.080 and
41.20.085 and shall on the last day of each month issue
warrants in the appropriate amounts to such persons. A
majority of all the members of said board herein provided
for shall constitute a quorum, and have power to transact
business. [1973 c 143 § 1; 1911 c 18 § 5; 1909 c 39 § 11;
RRS § 9589.]
41.20.040 Additional powers of board. The board
shall, in addition to other powers herein granted, have
power:
(1) To compel witnesses to attend and testify before it
upon all matters connected with the administration of this
chapter, in the same manner as provided by law for the
taking of testimony in courts of record in this state, and its
president or any member of the board may administer oaths
to such witnesses.
(2) To provide for the payment from the fund of all
necessary expenses and printing.
No compensation or emolument shall be paid to any
member of the board for any duty required or performed
under this chapter.
Each board may make all needful rules and regulations
for its guidance in the administration of and in conformity
with the provisions of this chapter. [1955 c 69 § 2; 1909 c
39 § 12; RRS § 9590.]
41.20.050 Pension on retirement for years of
service. Whenever a person has been duly appointed, and
has served honorably for a period of twenty-five years, as a
member, in any capacity, of the regularly constituted police
department of a city subject to the provisions of this chapter,
the board, after hearing, if one is requested in writing, may
order and direct that such person be retired, and the board
shall retire any member so entitled, upon his written request
therefor. The member so retired *hereafter shall be paid
from the fund during his lifetime a pension equal to fifty
percent of the amount of salary *at any time hereafter
attached to the position held by the retired member for the
year preceding the date of his retirement: PROVIDED,
That, except as to a position higher than that of captain held
for at least three calendar years prior to date of retirement,
no such pension shall exceed an amount equivalent to fifty
percent of the salary of captain, and all existing pensions
shall be increased to not less than three hundred dollars per
month as of April 25, 1973: PROVIDED FURTHER, That
a person *hereafter retiring who has served as a member for
more than twenty-five years, shall have his pension payable
under this section increased by two percent of his salary per
year for each full year of such additional service to a
maximum of five additional years.
Any person who has served in a position higher than the
rank of captain for a minimum of three years may elect to
(2002 Ed.)
Police Relief and Pensions in First Class Cities
retire at such higher position and receive for his lifetime a
pension equal to fifty percent of the amount of the salary *at
any time hereafter attached to the position held by such
retired member for the year preceding his date of retirement:
PROVIDED, That such person make the said election to
retire at a higher position by September 1, 1969 and at the
time of making the said election, pay into the relief and
pension fund in addition to the contribution required by
RCW 41.20.130: (1) an amount equal to six percent of that
portion of all monthly salaries previously received upon
which a sum equal to six percent has not been previously
deducted and paid into the police relief and pension fund; (2)
and such person agrees to continue paying into the police
relief and pension fund until the date of retirement, in
addition to the contributions required by RCW 41.20.130, an
amount equal to six percent of that portion of monthly salary
upon which a six percent contribution is not currently deducted pursuant to RCW 41.20.130.
Any person affected by this chapter who at the time of
entering the armed services was a member of such police
department and is a veteran as defined in RCW 41.04.005,
shall have added to his period of employment as computed
under this chapter, his period of war service in the armed
forces, but such credited service shall not exceed five years
and such period of service shall be automatically added to
each member’s service upon payment by him of his contribution for the period of his absence at the rate provided in
RCW 41.20.130. [1973 1st ex.s. c 181 § 3; 1969 ex.s. c 269
§ 6; 1969 ex.s. c 219 § 1; 1969 ex.s. c 209 § 36; 1969 c 123
§ 1; 1961 c 191 § 1; 1959 c 78 § 3; 1959 c 6 § 1. Prior:
1957 c 84 § 1; 1955 c 69 § 3; 1945 c 45 § 1; 1937 c 24 §
1; 1915 c 40 § 2; 1911 c 18 § 2; 1909 c 39 § 4; Rem. Supp.
1945 § 9582.]
*Reviser’s note: The words "hereafter" and "at any time hereafter"
first appear in the 1961 amendment.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.060 Pension on retirement for duty connected
disability. Whenever any person, while serving as a
policeman in any such city becomes physically disabled by
reason of any bodily injury received in the immediate or
direct performance or discharge of his duties as a policeman,
or becomes incapacitated for service on account of any duty
connected disability, such incapacity not having been caused
or brought on by dissipation or abuse, of which the board
shall be judge, the board may, upon his written request filed
with the secretary, or without such written request, if it
deems it to be for the benefit of the public, retire such
person from the department, and order and direct that he be
paid from the fund during his lifetime, a pension equal to
fifty percent of the amount of salary *at any time hereafter
attached to the position which he held in the department at
the date of his retirement, but not to exceed an amount
equivalent to fifty percent of the salary of captain except as
to a position higher than that of captain held for at least
three calendar years prior to the date of retirement in which
case as to such position the provisions of RCW 41.20.050
shall apply, and all existing pensions shall be increased to
not less than three hundred dollars per month as of April 25,
1973: PROVIDED, That where, at the time of retirement
hereafter for duty connected disability under this section,
(2002 Ed.)
41.20.050
such person has served honorably for a period of more than
twenty-five years as a member, in any capacity, of the
regularly constituted police department of a city subject to
the provisions of this chapter, the foregoing percentage
factors to be applied in computing the pension payable under
this section shall be increased by two percent of his salary
per year for each full year of such additional service to a
maximum of five additional years.
Whenever such disability ceases, the pension shall
cease, and such person shall be restored to active service at
the same rank he held at the time of his retirement, and at
the current salary attached to said rank at the time of his
return to active service.
Disability benefits provided for by this chapter shall not
be paid when the policeman is disabled while he is engaged
for compensation in outside work not of a police or special
police nature. [1998 c 157 § 3; 1973 1st ex.s. c 181 § 4;
1969 ex.s. c 219 § 2; 1969 ex.s. c 209 § 37; 1969 c 123 §
2; 1961 c 191 § 2; 1959 c 78 § 4; 1959 c 6 § 2; 1957 c 84
§ 2; 1955 c 69 § 5; 1937 c 24 § 2; 1911 c 18 § 3; 1909 c 39
§ 5; RRS § 9583.]
*Reviser’s note: The words "at any time hereafter" first appear in the
1961 amendment.
Application—1998 c 157 § 3: "The provisions of section 3 of this
act apply retrospectively to all line of duty disability retirement allowances
heretofore granted under chapter 41.20 RCW." [1998 c 157 § 5.]
Purpose—1998 c 157 §§ 2-5: "The purpose of sections 2 through 5
of this act is to clarify that the intent of the legislature in enacting RCW
41.20.060, insofar as that section provides benefits to members for
disabilities incurred in the line of duty, was to provide a statute in the nature
of a workers’ compensation act that provides compensation to employees
for personal injuries incurred in the course of employment. Accordingly
this act amends and divides RCW 41.20.060 into two separate sections.
Section 3 of this act clarifies and emphasizes the legislature’s intent that the
disability benefits granted by RCW 41.20.060, as amended, are granted only
to those members who become disabled by any injury or incapacity that is
incurred in the line of duty. Section 4 of this act continues to provide
disability retirement benefits to members who become disabled by an injury
or incapacity not incurred in the line of duty." [1998 c 157 § 2.]
Effective date—1998 c 157: See note following RCW 41.40.0931.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.061 Increase in presently payable benefits for
service or disability authorized. See RCW 41.26.250.
41.20.065 Pension on retirement for nonduty
disability. Whenever any person, while serving as a
policeman in any such city becomes physically disabled by
reason of any bodily injury not incurred in the line of duty,
or becomes incapacitated for service, such incapacity not
having been caused or brought on by dissipation or abuse, of
which the board shall be judge, the board may, upon his
written request filed with the secretary, or without such
written request, if it deems it to be for the benefit of the
public, retire such person from the department, and order and
direct that he be paid from the fund during his lifetime, a
pension equal to fifty percent of the amount of salary at any
time hereafter attached to the position which he held in the
department at the date of his retirement, but not to exceed an
amount equivalent to fifty percent of the salary of captain,
except as to a position higher than that of captain held for at
least three calendar years prior to the date of retirement, in
which case as to such position the provisions of RCW
[Title 41 RCW—page 95]
41.20.065
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.20.050 shall apply, and all existing pensions shall be increased to not less than three hundred dollars per month as
of April 25, 1973: PROVIDED, That where, at the time of
retirement hereafter for disability under this section, such
person has served honorably for a period of more than
twenty-five years as a member, in any capacity, of the
regularly constituted police department of a city subject to
the provisions of this chapter, the foregoing percentage
factors to be applied in computing the pension payable under
this section shall be increased by two percent of his salary
per year for each full year of such additional service, to a
maximum of five additional years.
Whenever such disability ceases, the pension shall
cease, and such person shall be restored to active service at
the same rank he held at the time of his retirement, and at
the current salary attached to said rank at the time of his
return to active service.
Disability benefits provided for by this chapter shall not
be paid when the policeman is disabled while he is engaged
for compensation in outside work not of a police or special
police nature. [1998 c 157 § 4.]
Purpose—1998 c 157 §§ 2-5: See note following RCW 41.20.060.
Effective date—1998 c 157: See note following RCW 41.40.0931.
41.20.070 Certificate of disability. No person shall
be retired, as provided in RCW 41.20.060, or receive any
benefit from said fund, unless there shall be filed with said
board certificate of his disability, which certificate shall be
subscribed and sworn to by said person, and by the city
physician (if there be one) and two regularly licensed and
practicing physicians of such city, and such board may
require other evidence of disability before ordering such
retirement and payment as aforesaid. [1909 c 39 § 6; RRS
§ 9584.]
41.20.080 Pension on death before or after retirement. Whenever any member of the police department of
any such city loses his life while actually engaged in the
performance of duty, or as the proximate result thereof,
leaving a surviving spouse or child or children under the age
of eighteen years, upon satisfactory proof of such facts made
to it, the board shall order and direct that a pension, equal to
one-half of the amount of the salary *at any time hereafter
attached to the position which such member held in the police department at the time of his death, shall be paid to the
surviving spouse for life, or if there is no surviving spouse,
or if the surviving spouse shall die, then to the child or
children until they are eighteen years of age: PROVIDED,
That if such spouse or child or children marry, the person so
marrying shall thereafter receive no further pension from the
fund: PROVIDED FURTHER, That all existing pensions
shall be increased to not less than three hundred dollars per
month as of April 25, 1973.
If any member so losing his life, leaves no spouse, or
child or children under the age of eighteen years, the board
shall pay the sum of two hundred dollars toward the funeral
expenses of such member. [1973 1st ex.s. c 181 § 5; 1961
c 191 § 3; 1959 c 78 § 5; 1959 c 6 § 3; 1957 c 84 § 3; 1955
c 69 § 6; 1937 c 24 § 3; 1915 c 40 § 3; 1909 c 39 § 7; RRS
§ 9585.]
[Title 41 RCW—page 96]
*Reviser’s note: The words "at any time hereafter" first appear in the
1961 amendment.
41.20.085 Pension on death before or after retirement—Surviving spouse not formerly covered—
"Surviving spouse" defined. Whenever any member of the
police department of any such city shall die, or shall have
heretofore died, or whenever any such member who has
been heretofore retired or who is hereafter retired for length
of service or a disability, shall have died, or shall die,
leaving a surviving spouse or child or children under the age
of eighteen years, upon satisfactory proof of such facts made
to it, the board shall order and direct that a pension equal to
one-third of the amount of salary at any time hereafter attached to the position held by such member in the police
department at the time of his death or retirement, not to
exceed one-third of the salary of captain, shall be paid to the
surviving spouse during the surviving spouse’s life, and in
addition, to the child or children, until they are eighteen
years of age, as follows: For one child, one-eighth of the
salary on which such pension is based; for two children, a
total of one-seventh of said salary; and for three or more
children, a total of one-sixth of said salary: PROVIDED, If
such spouse or child or children marry, the person so
marrying shall receive no further pension from the fund. In
case there is no surviving spouse, or if the surviving spouse
shall die, the child or children shall be entitled to the
spouse’s share in addition to the share specified herein until
they reach eighteen years of age. No spouse shall be
entitled to any payments on the death of a retired officer
unless such surviving spouse has been married to such
officer for a period of at least five years prior to the date of
his retirement.
As of April 25, 1973, a surviving spouse not otherwise
covered by the provisions of section 2, chapter 78, Laws of
1959, shall be entitled to a pension of three hundred dollars
per month.
"Surviving spouse" as used in this section means
surviving female or male spouse. [1973 1st ex.s. c 181 § 6;
1969 ex.s. c 209 § 26; 1961 c 140 § 1; 1959 c 78 § 2.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.086 Increase in certain presently payable
death benefits authorized. See RCW 41.26.260.
41.20.090 Lump sum payment on death before or
after retirement. Whenever any member of the police
department of such city shall, after five years of service in
said department, die, his surviving spouse or, if there is no
surviving spouse, the child or children under the age of
eighteen years, or if there is no surviving spouse or child or
children, then his parents or unmarried sister or sisters,
minor brother or brothers, dependent upon him for support,
shall be entitled to the sum of one thousand dollars from
such fund. This section to apply to members who shall have
been retired, for any reason, from active service under the
provisions of this chapter. [1959 c 78 § 6; 1937 c 24 § 4;
1915 c 40 § 4; 1911 c 18 § 4; 1909 c 39 § 8; RRS § 9586.]
Construction—1937 c 24: "Nothing contained in this act shall affect
or be construed as affecting the validity of any act done, obligation entered
(2002 Ed.)
Police Relief and Pensions in First Class Cities
into, or rights accrued, or any proceedings had or pending under the act of
which this act is amendatory." [1937 c 24 § 6; RRS § 9592-1.]
Severability—1937 c 24: "If any section or part of this act shall be
held to be unconstitutional and void, such holding shall not effect [affect]
the remaining portions of the act." [1937 c 24 § 7; RRS § 9592-2.]
41.20.100 Examination of disability pensioners—
Emergency duty. Any person retired for disability under
this chapter may be summoned before the board herein
provided for, at any time thereafter, and shall submit himself
thereto for examination as to his fitness for duty, and shall
abide the decision and order of said board with reference
thereto; and all members of such police force who may be
retired under the provisions of this chapter, shall report to
the chief of police of such city where so retired on the first
Mondays of April, July, October and January of each year;
and in cases of emergency, may be assigned to and shall
perform such duty as said chief of police may direct, and
such persons shall have no claim against such city for
payment for such duty so performed. [1909 c 39 § 9; RRS
§ 9587.]
41.20.110 Withdrawal of pension—Grounds.
Whenever any person who shall have received any benefit
from said fund shall be convicted of any felony, or shall
become an habitual drunkard, or shall fail to report himself
for examination for duty as required herein, unless excused
by the board, or shall disobey the requirements of said board
then such board shall order and direct that such pension or
allowance that may have been granted to such person shall
immediately cease, and such person shall receive no further
pension or allowance or benefit under this chapter, but in
lieu thereof the said pension or allowance or benefit may, at
the discretion of the board, be paid to those immediately
dependent upon him, or to his legally appointed guardian.
[1937 c 24 § 5; 1909 c 39 § 10; RRS § 9588.]
Construction—Severability—1937 c 24: See notes following RCW
41.20.090.
41.20.120 Sick benefits. Whenever any active
member of the police department, or any member *hereafter
retired, on account of service, sickness or disability, not
caused or brought on by dissipation or abuse, of which the
board shall be judge, is confined in any hospital or in his or
her home and, whether or not so confined, requires nursing,
care, or attention, the board shall pay for the active member
the necessary hospital, care, and nursing expenses of the
member out of the fund; and the board may pay for the
retired member hospital, care, and nursing expenses as are
reasonable, in the board’s discretion. The board may, at its
discretion, elect, in lieu of paying some or all such expenses
for the retired member, to reimburse the retired member for
premiums the member has paid for medical insurance that
supplements medicare, including premiums the member has
paid for medicare part B coverage. The salary of the active
member shall continue while he or she is necessarily
confined to the hospital or home or elsewhere during the
period of recuperation, as determined by the board, for a
period not exceeding six months; after which period the
other provisions of this chapter shall apply: PROVIDED,
That the board in all cases may have the active or retired
member suffering from such sickness or disability examined
(2002 Ed.)
41.20.090
at any time by a licensed physician or physicians, to be
appointed by the board, for the purpose of ascertaining the
nature and extent of the sickness or disability, the physician
or physicians to report to the board the result of the examination within three days thereafter. Any active or retired
member who refuses to submit to such examination or
examinations shall forfeit all his or her rights to benefits
under this section: PROVIDED FURTHER, That the board
shall designate the hospital and medical services available to
the sick or disabled policeman. [1992 c 22 § 2; 1961 c 191
§ 4; 1959 c 78 § 7; 1955 c 69 § 7; 1915 c 40 § 5; 1911 c 18
§ 6; 1909 c 39 § 13; RRS § 9591.]
*Reviser’s note: The words "hereafter retired" first appear in the
1961 amendment.
41.20.130 Fund created. There is created in each city
subject to the provisions of this chapter a police relief and
pension fund. The fund shall be constituted as follows:
A sum equal to six percent thereof shall be deducted
monthly from the salary of each police officer by the city
treasurer and placed in the fund, but the maximum deduction
shall not exceed six percent of the monthly salary of captain.
At the time the annual tax levy of the city is made, the
city council, or other legislative body, shall order the transfer
of an amount of money into the fund, sufficient with the
salary deductions, to meet the financial requirements thereof:
(1) From moneys collected or received from all licenses
issued;
(2) From fines and forfeitures collected or received in
money for violation of city ordinances. [1959 c 78 § 8;
1955 c 69 § 8; 1933 c 30 § 1; 1929 c 101 § 3; 1923 c 54 §
1; 1915 c 40 § 1; 1909 c 39 § 3; RRS § 9581.]
41.20.140 Pension payments monthly—Surplus to
general fund. Payments provided for in this chapter shall
be made monthly upon proper vouchers. If at any time there
is more money in the fund provided for in this chapter than
is necessary for the purposes of this chapter, then such
surplus shall be transferred from such fund to the general
fund of the city: PROVIDED, That at all times enough
money shall be kept in said fund to meet all payments
provided for in this chapter. [1911 c 18 § 7; 1909 c 39 §
14; RRS § 9592.]
41.20.150 Return of member’s contributions—
Option to be classified as vested member. Whenever any
member affected by this chapter terminates his employment
prior to the completion of twenty-five years of service he
shall receive seventy-five percent of his contributions made
after *the effective date of this act and he shall not receive
any contributions made prior thereto: PROVIDED, That in
the case of any member who has completed twenty years of
service, such member, upon termination for any cause except
for a conviction of a felony, shall have the option of
electing, in lieu of recovery of his contributions as herein
provided, to be classified as a vested member in accordance
with the following provisions:
(1) Written notice of such election shall be filed with
the board within thirty days after the effective date of such
member’s termination;
[Title 41 RCW—page 97]
41.20.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) During the period between the date of his termination and the date upon which he becomes a retired member
as hereinafter provided, such vested member and his spouse
or dependent children shall be entitled to all benefits available under chapter 41.20 RCW to a retired member and his
spouse or dependent children with the exception of the
service retirement allowance as herein provided for:
PROVIDED, That any claim for medical coverage under
RCW 41.20.120 shall be attributable to service connected
illness or injury;
(3) Any member electing to become a vested member
shall be entitled at such time as he otherwise would have
completed twenty-five years of service had he not terminated, to receive a service retirement allowance computed on
the following basis: Two percent of the amount of salary at
any time hereafter attached to the position held by the vested
member for the year preceding the date of his termination,
for each year of service rendered prior to the date of his
termination. At such time the vested member shall be
regarded as a retired member and, in addition to the retirement allowance herein provided for, shall continue to be
entitled to all such other benefits as are by chapter 41.20
RCW made available to retired members. [1969 c 123 § 3;
1955 c 69 § 4.]
*Reviser’s note: The words "the effective date of this act" first
appear in 1955 c 69 § 4, which became effective midnight June 8, 1955.
41.20.155 Return of member’s contributions—
Applicability. The provisions of RCW 41.20.050, 41.20.060
and 41.20.150 shall be applicable to all members employed
on June 12, 1969, and to those who shall thereafter become
members, but shall not apply to any former member who has
terminated his employment prior to June 12, 1969. [1969 c
123 § 4.]
41.20.160 Credit for membership in private organization acquired by city of first class. Any person affected
by this chapter who was a member of a police organization
operated by a private enterprise which police organization
shall be hereafter acquired before September 1, 1959, by a
city of the first class as its police department as a matter of
public convenience or necessity, where it is in the public
interest to retain the trained personnel of such police
organization, shall have added to his period of employment
as computed under this chapter his period of service with
said private enterprise, except that this shall apply only to
those persons who are in the service of such police organization at the time of its acquisition by the city of the first
class and who remain in the service of that city until this
chapter shall become applicable to such persons.
No such person shall have added to his period of
employment as computed under this chapter his period of
service with said private enterprise unless he or a third party
shall pay to the city his contribution for the period of such
service with the private enterprise, or, if he shall be entitled
to any private pension or retirement benefits as a result of
such service with the private enterprise, unless he agrees at
the time of his employment by the city to accept a reduction
in the payment of any benefits payable under this chapter
that are based in whole or in part on such added service by
the amount of those private pension or retirement benefits
[Title 41 RCW—page 98]
received. The rate of such contribution shall be two percent
of the wage or salary of such person during that added
period of service with the private enterprise before midnight,
June 8, 1955, and four and one-half percent of such wage or
salary after midnight, June 8, 1955. Such contributions shall
be paid into the police relief and pension fund and shall be
held subject to the provisions of RCW 41.20.150, except that
all such contributions shall be deemed to have been made
after June 8, 1955. Such contributions may be invested in
investments permitted under chapter 35.39 RCW and may be
kept invested until required to meet payments of benefits to
such persons.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary
to enable the police relief and pension fund to assume its
obligations. [1983 c 3 § 92; 1959 c 71 § 1.]
Severability—1959 c 71: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1959 c 71 § 2.]
41.20.170 Transfer of membership. Any former
employee of a department of a city of the first class who (1)
was a member of the employees’ retirement system of such
city, and (2) is now employed within the police department
of such city, may transfer his membership from the city
employees’ retirement system to the city’s police relief and
pension fund system by filing a written request with the
board of administration and the board of trustees, respectively, of the two systems.
Upon the receipt of such request, the transfer of
membership to the city’s police relief and pension fund
system shall be made, together with a transfer of all accumulated contributions credited to such member. The board of
administration of the city’s employees’ retirement system
shall transmit to the board of trustees of the city’s police
relief and pension fund system a record of service credited
to such member which shall be computed and credited to
such member as a part of his period of employment in the
city’s police relief and pension fund system. For the
purpose of the transfer contemplated by this section, the
affected individuals shall be allowed to restore withdrawn
contributions to the city employees’ retirement system and
reinstate their membership service records.
Any employee so transferring shall have all the rights,
benefits and privileges that he would have been entitled to
had he been a member of the city’s police relief and pension
fund system from the beginning of his employment with the
city.
No person so transferring shall thereafter be entitled to
any other public pension, except that provided by chapter
41.26 RCW or social security, which is based upon service
with the city.
The right of any employee to file a written request for
transfer of membership as set forth herein shall expire
December 31, 1973. [1973 c 143 § 2; 1969 ex.s. c 209 §
27; 1963 c 82 § 1.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
(2002 Ed.)
Police Relief and Pensions in First Class Cities
41.20.175 Transfer of service credit from firemen’s
pension system to city’s police pension system. A former
employee of a fire department of a city of the first class who
(1) was a member of the fireman’s pension system created
by chapters 41.16 or 41.18 RCW, and (2) is now employed
within the police department of such city, will be regarded
as having received membership service credit for such
service to the fire department in the city’s police and relief
pension system at the time he recovers such service credit by
paying withdrawn contributions to the Washington law
enforcement officers’ and fire fighters’ retirement system
pursuant to RCW 41.26.030(14). [1974 ex.s. c 148 § 2.]
41.20.180 Exemption from taxation and judicial
process—Exception—Assignability. The right of a person
to a pension, an annuity, or retirement allowance, or disability allowance, or death benefits, or any optional benefit, or
any other right accrued or accruing to any person under the
provisions of this chapter, and any fund created hereby, and
all moneys and investments and income thereof, are exempt
from any state, county, municipal, or other local tax, and
shall not be subject to execution, garnishment, attachment,
the operation of bankruptcy or insolvency laws, or other
process of law whatsoever, and shall be unassignable:
PROVIDED, That benefits under this chapter shall be
payable to a spouse or ex-spouse to the extent expressly
provided for in any court decree of dissolution or legal
separation or in any court order or court-approved property
settlement agreement incident to any court decree of dissolution or legal separation. [1979 ex.s. c 205 § 2; 1965 c 33 §
1.]
41.20.900 Construction—1959 c 6—Benefits retroactively authorized. The provisions of *this act are
intended to be remedial and procedural and any benefits
heretofore paid to recipients hereunder pursuant to any
previous act are retroactively included and authorized as a
part of *this act. [1959 c 6 § 4.]
41.20.175
41.22.010 Legislative findings. The career of a police
officer is highly stressful, resulting in unacceptable rates of
divorce, alcoholism, low morale and suicide. The nature of
law enforcement work requires that much information be
kept confidential, unfairly burdening the emotional capacity
of law enforcement personnel. Police officers may become
the hidden victims of society because of their daily work
with crisis.
The legislature finds that law enforcement chaplains can
provide emotional support for law enforcement personnel,
including counseling, stress management, and family life
counseling. The legislature also finds that law enforcement
chaplains can serve as a crisis intervention resource for
personnel of police, fire, and corrections departments, and
medical examiners or coroners. [1985 c 223 § 1.]
41.22.020 Washington state patrol—Volunteer
chaplain authorized. The Washington state patrol may
utilize the services of a volunteer chaplain. [1985 c 223 §
2.]
41.22.030 Local law enforcement agencies—
Volunteer chaplains authorized. The legislature authorizes
local law enforcement agencies to use the services of volunteer chaplains associated with an agency. [1985 c 223 § 3.]
41.22.040 Volunteer chaplains—Duties. The duties
of a volunteer law enforcement chaplain include counseling,
training, and crises intervention for law enforcement personnel, their families and the general public. [1985 c 223 § 4.]
41.22.900 Severability—1985 c 223. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 223 § 5.]
*Reviser’s note: "this act" appears in chapter 6, Laws of 1959, which
reenacted RCW 41.20.050, 41.20.060, and 41.20.080. These sections were
subsequently amended by chapter 78, Laws of 1959.
Chapter 41.24
VOLUNTEER FIRE FIGHTERS’ AND RESERVE
OFFICERS’ RELIEF AND PENSIONS
41.20.910 Severability—1959 c 6. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1959 c 6 § 5.]
(Formerly: Volunteer fire fighters’ relief and pensions)
Sections
41.24.010
41.24.020
Chapter 41.22
LAW ENFORCEMENT CHAPLAINS
41.24.035
Sections
41.22.010
41.22.020
41.22.030
Legislative findings.
Washington state patrol—Volunteer chaplain authorized.
Local law enforcement agencies—Volunteer chaplains authorized.
41.22.040 Volunteer chaplains—Duties.
41.22.900 Severability—1985 c 223.
State-employed chaplains—Housing allowance: RCW 41.04.360.
(2002 Ed.)
41.24.030
41.24.040
41.24.050
41.24.060
41.24.070
41.24.080
41.24.090
41.24.100
41.24.110
41.24.120
41.24.130
41.24.140
Definitions.
Enrollment of fire fighters—Death, disability, retirement
benefits.
Volunteer fire fighters’ and reserve officers’ relief and pension principal fund created—Composition—
Investment—Use—Treasurer’s report.
Legal, medical expenses—May be paid from earnings of the
principal fund and administrative fund.
Fees, when payable—Interest—Effect of nonpayment.
Emergency medical technicians or first aid vehicle operators—Restriction on retirement system membership.
Board of trustees—How constituted.
Officers of board—Record of proceedings—Forms.
Duties of board and state board—Disbursements.
Meetings.
Compelling attendance of witnesses—Oaths—Rules and
regulations.
Reimbursement of physicians and medical staff.
Hearing of application for benefits—Appeal to state board.
Quorum—Vote on allowance of claims.
Guardian may be appointed.
[Title 41 RCW—page 99]
Chapter 41.24
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.24.150
41.24.160
41.24.170
41.24.172
41.24.175
Disability payments.
Death benefits.
Retirement pensions.
Retirement pensions—Options—Election.
Disability or retirement payments—Computation according
to latest legislative expression.
41.24.176 Disability or retirement payments—Construction.
41.24.180 Lump sum payments.
41.24.185 Lump sum payments—Monthly pension under twenty-five
dollars.
41.24.190 Proof of service.
41.24.200 Service need not be continuous nor in a single department
or agency.
41.24.210 Report of accident—Time limitation for filing report and
claim.
41.24.220 Hospitalization, surgery, etc.
41.24.230 Funeral and burial expenses.
41.24.240 Benefits not transferable or subject to legal process—
Exceptions—Chapter not exclusive.
41.24.245 Payments to spouse or ex spouse pursuant to court order.
41.24.250 State board for volunteer fire fighters and reserve officers—
Composition—Terms—Vacancies—Oath.
41.24.260 State board for volunteer fire fighters and reserve officers—
Meetings—Quorum.
41.24.270 State board for volunteer fire fighters and reserve officers—
Compensation—Travel expenses.
41.24.280 State board for volunteer fire fighters and reserve officers—
Attorney general is legal advisor.
41.24.290 State board for volunteer fire fighters and reserve officers—
Powers and duties.
41.24.300 State board for volunteer fire fighters and reserve officers—
Vouchers, warrants.
41.24.310 State board for volunteer fire fighters and reserve officers—
Secretary, duties, compensation.
41.24.320 State board for volunteer fire fighters and reserve officers—
State actuary to provide actuarial services.
41.24.330 Emergency medical service districts—Board of trustees—
Creation.
41.24.340 Emergency medical service districts—Board of trustees—
Officers—Annual report.
41.24.400 Reserve officers—Enrollment—Limitations.
41.24.410 Reserve officers—Credit for service.
41.24.430 Reserve officers—Eligibility for benefit.
41.24.450 Reserve officers—Municipality adoption of relief benefits.
41.24.460 Reserve officers—Board of trustees.
Prior acts relating to volunteer firemen’s relief and pensions: (1)
1935 c 121 (repealed by 1945 c 261 § 27).
(2) Benefits extended to volunteer firemen of fire protection districts:
1943 c 137.
Fire protection districts: Title 52 RCW.
Firemen’s relief and pensions: Chapters 41.16, 41.18 RCW.
41.24.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Municipal corporation" or "municipality" includes
any county, city, town or combination thereof, fire protection
district, local law enforcement agency, or any emergency
medical service district or other special district, authorized
by law to protect life or property within its boundaries
through a fire department, emergency workers, or reserve
officers.
(2) "Fire department" means any regularly organized fire
department or emergency medical service district consisting
wholly of volunteer fire fighters, or any part-paid and partvolunteer fire department duly organized and maintained by
any municipality: PROVIDED, That any such municipality
wherein a part-paid fire department is maintained may by
appropriate legislation permit the full-paid members of its
[Title 41 RCW—page 100]
department to come under the provisions of chapter 41.16
RCW.
(3) "Fire fighter" includes any fire fighter or emergency
worker who is a member of any fire department of any
municipality but shall not include full time, paid fire fighters
who are members of the Washington law enforcement
officers’ and fire fighters’ retirement system, with respect to
periods of service rendered in such capacity.
(4) "Emergency worker" means any emergency medical
service personnel, regulated by chapters 18.71 and 18.73
RCW, who is a member of an emergency medical service
district but shall not include full-time, paid emergency
medical service personnel who are members of the Washington public employees’ retirement system, with respect to
periods of service rendered in such capacity.
(5) "Performance of duty" or "performance of service"
shall be construed to mean and include any work in and
about company quarters, any fire station, any law enforcement office or precinct, or any other place under the direction or general orders of the chief or other officer having
authority to order such member to perform such work;
responding to, working at, or returning from an alarm of fire,
emergency call, or law enforcement duties; drill or training;
or any work performed of an emergency nature in accordance with the rules and regulations of the fire department
or local law enforcement agency.
(6) "State board" means the state board for volunteer
fire fighters and reserve officers.
(7) "Board of trustees" or "local board" means: (a) For
matters affecting fire fighters, a fire fighter board of trustees
created under RCW 41.24.060; (b) for matters affecting an
emergency worker, an emergency medical service district
board of trustees created under RCW 41.24.330; or (c) for
matters affecting reserve officers, a reserve officer board of
trustees created under RCW 41.24.460.
(8) "Appropriate legislation" means an ordinance when
an ordinance is the means of legislating by any municipality,
and resolution in all other cases.
(9) "Reserve officer" means the same as defined by the
Washington state criminal justice training commission under
chapter 43.101 RCW, but shall not include full-time, paid
law enforcement officers who are members of the Washington law enforcement officers’ and fire fighters’ retirement
system, with respect to periods of service rendered in such
capacity.
(10) "Participant" means: (a) For purposes of relief, any
reserve officer who is or may become eligible for relief
under this chapter or any fire fighter or emergency worker;
and (b) for purposes of retirement pension, any fire fighter,
emergency worker, or reserve officer who is or may become
eligible to receive a benefit of any type under the retirement
provisions of this chapter, or whose beneficiary may be
eligible to receive any such benefit.
(11) "Relief" means all medical, death, and disability
benefits available under this chapter that are made necessary
from death, sickness, injury, or disability arising in the
performance of duty, including benefits provided under RCW
41.24.110, 41.24.150, 41.24.160, 41.24.175, 41.24.220, and
41.24.230, but does not include retirement pensions provided
under this chapter.
(2002 Ed.)
Volunteer Fire Fighters’ and Reserve Officers’ Relief and Pensions
(12) "Retirement pension" means retirement payments
for the performance of service, as provided under RCW
41.24.170, 41.24.172, 41.24.175, 41.24.180, and 41.24.185.
(13) "Principal fund" means the volunteer fire fighters’
and reserve officers’ relief and pension principal fund
created under RCW 41.24.030.
(14) "Administrative fund" means the volunteer fire
fighters’ and reserve officers’ administrative fund created
under RCW 41.24.030. [1999 c 148 § 1; 1995 c 11 § 1;
1993 c 331 § 1; 1989 c 91 § 8; 1970 ex.s. c 6 § 18; 1955 c
263 § 1; 1945 c 261 § 1; Rem. Supp. 1945 § 9578-15.]
Effective date—1989 c 91: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 91 § 27.]
Construction—Saving—1955 c 263: "Any provisions of chapter
41.24 RCW inconsistent with the provisions of this act are hereby repealed:
PROVIDED, That such repeal shall not affect any act or proceeding had or
pending, under such provision repealed, but the same shall be construed and
prosecuted as though such provision had not been repealed." [1955 c 263
§ 12.]
Severability—1945 c 261: "If any provision of this act, or the
application thereof to any person or circumstance, is held invalid, the
remainder of the act, and the application of such provision to other persons
or circumstances, shall not be affected thereby. If any section, subsection,
sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions
of this act. The legislature hereby declares that it would have passed this
act and each section, subsection, clause and phrase thereof irrespective of
the fact that any one or more of the other sections, subsections, sentences,
clauses and phrases be declared unconstitutional." [1945 c 261 § 26.]
Construction—Saving—1945 c 261: "Chapter 121, Laws of 1935
(sections 9578-1 to 9578-11, inclusive, Remington’s Revised Statutes, also
Pierce’s Perpetual Code 773-37 to -57), is hereby repealed: PROVIDED,
That such repeal shall not be construed as affecting any act done or right
acquired, or obligation incurred, or proceedings had or pending, under said
act repealed, but the same shall be continued and prosecuted as though such
act had not been repealed." [1945 c 261 § 27.]
Fire protection district having full paid fire department: RCW 41.16.240.
41.24.020 Enrollment of fire fighters—Death,
disability, retirement benefits. (1) Every municipal
corporation maintaining and operating a regularly organized
fire department shall make provision by appropriate legislation for the enrollment of every fire fighter under the relief
provisions of this chapter for the purpose of providing
protection for all its fire fighters and their families from
death, sickness, injury, or disability arising in the performance of their duties as fire fighters. Nothing in this
chapter shall prohibit any municipality from providing such
additional protection for relief as it may deem proper.
(2) Any municipal corporation maintaining and operating a regularly organized fire department may make provision by appropriate legislation allowing any member of its
fire department to enroll under the retirement pension
provisions of this chapter.
(3) Every municipal corporation shall make provisions
for the collection and payment of the fees provided under
this chapter, and shall continue to make such provisions for
all fire fighters who come under this chapter as long as they
shall continue to be members of its fire department. [1999
c 148 § 2; 1989 c 91 § 9; 1945 c 261 § 2; Rem. Supp. 1945
§ 9578-16.]
Effective date—1989 c 91: See note following RCW 41.24.010.
(2002 Ed.)
41.24.010
41.24.030 Volunteer fire fighters’ and reserve
officers’ relief and pension principal fund created—
Composition—Investment—Use—Treasurer’s report. (1)
The volunteer fire fighters’ and reserve officers’ relief and
pension principal fund is created in the state treasury as a
trust fund for the benefit of the participants covered by this
chapter consisting of:
(a) All bequests, fees, gifts, emoluments, or donations
given or paid to the fund.
(b) An annual fee for each member of its fire department to be paid by each municipal corporation for the
purpose of affording relief provided in this chapter for fire
fighters as follows:
(i) Ten dollars for each volunteer or part-paid member
of its fire department;
(ii) A sum equal to one and one-half of one percent of
the annual salary attached to the rank of each full-paid
member of its fire department, prorated for 1970 on the basis
of services prior to March 1, 1970.
(c) An annual fee for each emergency worker of an
emergency medical service district paid by the district that
is sufficient to pay the full costs of covering the emergency
worker under the relief provisions of this chapter, including
operating expenses. The state board shall determine the
amount of this fee based on the latest actuarial valuation of
the system.
(d) Where a municipal corporation has elected to make
relief provisions of this chapter available to its reserve
officers, an annual fee for each reserve officer paid by the
municipal corporation that is sufficient to pay the full costs
of covering the reserve officer under the relief provisions of
this chapter, including operating expenses. The state board
shall determine the amount of this fee based on the latest
actuarial valuation of the system.
(e) Where a municipal corporation has elected to make
the retirement pension provisions of this chapter available to
members of its fire department, an annual fee of sixty dollars
for each of its fire fighters electing to enroll, thirty dollars of
which shall be paid by the municipality and thirty dollars of
which shall be paid by the fire fighter. However, nothing in
this section prohibits any municipality from voluntarily
paying the fire fighters’ fee for this retirement pension
coverage.
(f) Where an emergency medical service district has
elected to make the retirement pension provisions of this
chapter available to its emergency workers, for each emergency worker electing to enroll: (i) An annual fee of thirty
dollars shall be paid by the emergency worker; and (ii) an
annual fee paid by the emergency medical service district
that, together with the thirty-dollar fee per emergency
worker, is sufficient to pay the full costs of covering the
emergency worker under the retirement pension benefits
provided under this chapter, including operating expenses.
The state board shall determine the amount of this fee based
on the latest actuarial valuation of the system. However,
nothing in this section prohibits any emergency medical
service district from voluntarily paying the emergency
workers’ fees for this retirement pension coverage.
(g) Where a municipal corporation has elected to make
the retirement pension provisions of this chapter available to
its reserve officers, for each reserve officer electing to enroll:
(i) An annual fee of thirty dollars shall be paid by the
[Title 41 RCW—page 101]
41.24.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
reserve officer; and (ii) an annual fee paid by the municipal
corporation that, together with the thirty-dollar fee per
reserve officer, is sufficient to pay the full costs of covering
the reserve officer under the retirement pension benefits
provided under this chapter, including operating expenses.
The state board shall determine the amount of this fee based
on the latest actuarial valuation of the system. However,
nothing in this section prohibits any municipal corporation
from voluntarily paying the reserve officers’ fees for this
retirement pension coverage.
(h) Moneys transferred from the administrative fund, as
provided under subsection (4) of this section, which may
only be used to pay relief and retirement pensions for fire
fighters.
(i) Earnings from the investment of moneys in the
principal fund.
(2) The state investment board, upon request of the state
treasurer shall have full power to invest, reinvest, manage,
contract, sell, or exchange investments acquired from that
portion of the amounts credited to the principal fund as is
not, in the judgment of the state board, required to meet current withdrawals. Investments shall be made in the manner
prescribed by RCW 43.84.150 and not otherwise.
All bonds, investments, or other obligations purchased
by the state investment board shall be placed in the custody
of the state treasurer, and he or she shall collect the principal
thereof and interest thereon when due.
The state investment board may sell any of the bonds,
investments, or obligations so acquired and the proceeds
thereof shall be paid to the state treasurer.
(3) The interest, earnings, and proceeds from the sale
and redemption of any investments held by the principal
fund and invested by the state investment board shall be
credited to and form a part of the principal fund, less the
allocation to the state investment board expense account
pursuant to RCW 43.33A.160.
Subject to restrictions contained in this chapter, all
amounts credited to the principal fund shall be available for
making the benefit payments required by this chapter.
The state treasurer shall make an annual report showing
the condition of the fund.
(4) The volunteer fire fighters’ and reserve officers’
administrative fund is created in the state treasury. Moneys
in the fund, including unanticipated revenues under RCW
43.79.270, may be spent only after appropriation, and may
be used only for operating expenses of the volunteer fire
fighters’ and reserve officers’ relief and pension principal
fund, the operating expenses of the volunteer fire fighters’
and reserve officers’ administrative fund, or for transfer from
the administrative fund to the principal fund.
(a) Forty percent of all moneys received by the state
from taxes on fire insurance premiums shall be paid into the
state treasury and credited to the administrative fund.
(b) The state board shall compute a percentage of the
amounts credited to the administrative fund to be paid into
the principal fund.
(c) For the purpose of providing amounts to be used to
defray the cost of administration of the principal and
administrative funds, the state board shall ascertain at the
beginning of each biennium and request from the legislature
an appropriation from the administrative fund sufficient to
cover estimated expenses for the biennium. [1999 c 148 §
[Title 41 RCW—page 102]
3. Prior: 1995 c 45 § 1; 1995 c 11 § 3; 1992 c 97 § 1;
1991 sp.s. c 13 § 98; prior: 1989 c 194 § 1; 1989 c 91 § 1;
1986 c 296 § 4; 1982 1st ex.s. c 35 § 17; 1981 c 3 § 26;
1973 1st ex.s. c 170 § 1; 1970 ex.s. c 6 § 19; 1967 c 160 §
2; 1957 c 116 § 1; 1955 c 223 § 1; 1945 c 261 § 3; Rem.
Supp. 1945 § 9578-17; prior: 1935 c 121 § 1; RRS §
9578-1.]
Effective date—1992 c 97: "This act shall take effect July 1, 1992."
[1992 c 97 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1989 c 194 §§ 1, 2, and 3: "Sections 1, 2, and 3 of
this act are necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing
public institutions, and shall take effect July 1, 1989." [1989 c 194 § 4.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Effective date—1973 1st ex.s. c 170: "This 1973 amendatory act
shall take effect on July 1, 1973." [1973 1st ex.s. c 170 § 5.]
Insurance premium taxes: RCW 48.14.020.
41.24.035 Legal, medical expenses—May be paid
from earnings of the principal fund and administrative
fund. The state board is authorized to pay from the earnings
of the principal fund and administrative fund lawful obligations of the system for legal expenses and medical expenses
which expenses are primarily incurred for the purpose of
protecting the principal fund or are incurred in compliance
with statutes governing such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for
court reporters, cost of transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for
attendance at discovery proceedings or hearings. [1999 c
148 § 4; 1989 c 194 § 2.]
Effective date—1989 c 194 §§ 1, 2, and 3: See note following RCW
41.24.030.
41.24.040 Fees, when payable—Interest—Effect of
nonpayment. On or before the first day of March of each
year, every municipality shall pay such amount as shall be
due from it to the principal fund, together with the amounts
collected from the participants. A participant shall not
forfeit his or her right to participate in the relief provisions
of this chapter by reason of the municipal corporation failing
to pay the amount due from it. A participant shall not forfeit his or her right to participate in the retirement pension
provisions of this chapter until after March 1st of the year in
which the municipality fails to make the required payments.
Where a municipality has failed to pay or remit the annual
fees required within the time provided, such delinquent
payment shall bear interest at the rate of one percent per
month from March 1st until paid or remitted. Where a
(2002 Ed.)
Volunteer Fire Fighters’ and Reserve Officers’ Relief and Pensions
participant has forfeited his or her right to participate in the
retirement provisions of this chapter that participant may be
reinstated so as to participate to the same extent as if all fees
had been paid by the payment of all back fees with interest
at the rate of one percent per month provided he or she has
at all times been otherwise eligible. [1999 c 148 § 5; 1995
c 11 § 5; 1989 c 91 § 10; 1945 c 261 § 4; Rem. Supp. 1945
§ 9578-18. Prior: 1935 c 121 § 10; RRS § 9578-10.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.050 Emergency medical technicians or first
aid vehicle operators—Restriction on retirement system
membership. No person serving as an emergency medical
technician or first aid vehicle operator under chapter 18.73
RCW shall be permitted to join the law enforcement
officers’ and fire fighters’ retirement system solely on the
basis of such service. In no case shall the membership of
any fire department coming under the provisions of this
chapter be limited to less than fifteen fire fighters. [2002 c
11 § 1; 1989 c 91 § 11; 1975-’76 2nd ex.s. c 67 § 1; 1945
c 261 § 5; Rem. Supp. 1945 § 9578-19. Prior: 1935 c 121
§ 9; RRS § 9578-9.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.060 Board of trustees—How constituted. A
fire fighter board of trustees is created and established to
administer this chapter in every municipal corporation
maintaining a regularly organized fire department. A fire
fighter board of trustees shall consist of the mayor, city clerk
or comptroller, and one councilmember of such municipality,
the chief of the fire department, and one member of the fire
department to be elected by the members of such fire
department for a term of one year and annually thereafter.
Where a municipality is governed by a board, the chair, one
member of the board, and the secretary or clerk thereof shall
serve as members of the fire fighter board of trustees in lieu
of the mayor, clerk or comptroller, and councilmember.
[1999 c 148 § 6; 1981 c 213 § 7; 1945 c 261 § 6; 1943 c
137 § 2; Rem. Supp. 1945 § 9578-20. Prior: 1935 c 121 §
2; RRS § 9578-2.]
41.24.070 Officers of board—Record of proceedings—Forms. The mayor or chair of the board or commission of any municipality with a fire department, or his or her
designee, shall be chair of the fire fighter board of trustees,
and the clerk or comptroller or secretary of any such
municipality, board, or commission, or his or her designee,
shall be the secretary-treasurer of the board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements made by the board
of trustees, shall make an annual report of its expenses and
disbursements with a full list of the beneficiaries of the
principal fund in the municipality, and shall make all
required reports to the state board. The state board shall
provide all necessary forms to fire fighter boards of trustees.
[1999 c 148 § 7; 1969 c 118 § 1; 1945 c 261 § 7; Rem.
Supp. 1945 § 9578-21. Prior: 1935 c 121 § 3; RRS § 95783.]
41.24.080 Duties of board and state board—
Disbursements. The board of trustees of each municipal
(2002 Ed.)
41.24.040
corporation shall provide for enrollment of all members of
its fire department under the relief provisions of this chapter;
provide for enrollment of all its reserve officers under the
relief provisions of this chapter if it has extended these relief
provisions to its reserve officers; receive all applications for
the enrollment under the retirement pension provisions of
this chapter when the municipality has extended these
retirement pension provisions to its fire fighters or reserve
officers; provide for disbursements of relief; determine the
eligibility of fire fighters and reserve officers for retirement
pensions; and pass on all claims and direct payment thereof
from the principal fund to those entitled thereto. Vouchers
shall be issued to the persons entitled thereto by the local
board. It shall send to the state board, after each meeting,
a voucher for each person entitled to payment from the
principal fund, stating the amount of such payment and for
what granted, which voucher shall be certified and signed by
the chair and secretary of the local board. The state board,
after review and approval, shall cause a warrant to be issued
on the principal fund for the amount specified and approved
on each voucher. However, in retirement pension cases after
the applicant’s eligibility for pension is verified, the state
board shall authorize the regular issuance of monthly warrants or electronic transfers of funds in payment of the
retirement pension without further action of the board of
trustees of any such municipality. [1999 c 148 § 8; 1989 c
91 § 12; 1969 c 118 § 2; 1955 c 263 § 9; 1945 c 261 § 8;
Rem. Supp. 1945 § 9578-22. Prior: 1935 c 121 § 2; RRS
§ 9578-2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.090 Meetings. A board of trustees shall meet
on the call of its chair on a regular monthly meeting day
when there is business to come before it. The chair shall be
required to call a meeting on any regular meeting day at the
request of any member of the fund or his or her beneficiary
claiming any relief or retirement pension. [1999 c 148 § 9;
1945 c 261 § 9; Rem. Supp. 1945 § 9578-23.]
41.24.100 Compelling attendance of witnesses—
Oaths—Rules and regulations. The board of trustees
herein, in addition to other powers herein granted, shall have
power to compel the attendance of witnesses to testify before
it on all matters connected with the operation of this chapter,
and its chairman or any member of said board may administer oaths to such witnesses; to make all necessary rules and
regulations for its guidance in conformity with the provisions
of this chapter: PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to any member of said
board of trustees for any duties performed under this chapter
as such trustees. [1945 c 261 § 10; Rem. Supp. 1945 §
9578-24. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.110 Reimbursement of physicians and medical
staff. The local board shall make provisions for reimbursing
regularly licensed practicing physicians and other medical
staff who examine participants making application for membership. Physicians and other medical staff shall perform
such services and operations and render all medical aid and
care necessary for the recovery and treatment of participants
on account of injury, sickness, or disability received while in
[Title 41 RCW—page 103]
41.24.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
the performance of duties and shall be paid for these services
from the principal fund, but not in excess of the schedule of
fees for like services approved by the director of labor and
industries under Title 51 RCW. A physician or other
medical staff, who is not approved by the local board, shall
not receive or be entitled to any compensation from the
principal fund as the private or attending physician or other
private or attending medical staff of any participant. A
person shall not have any right of action against the local
board for the negligence of any physician or other medical
staff who is reimbursed from the principal fund. Any
physician or other medical staff who is reimbursed from the
principal fund for providing service or care for a participant
shall report his or her findings in writing to the local board
and the state board. [1999 c 148 § 10; 1989 c 91 § 13; 1953
c 253 § 6; 1949 c 145 § 1; 1945 c 261 § 11; Rem. Supp.
1949 § 9578-25. Prior: 1935 c 121 § 2; RRS § 9578-2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.120 Hearing of application for benefits—
Appeal to state board. The local board shall initially hear
and decide all applications for relief or retirement pensions
under this chapter, subject to review by, or appeal by the
proper person to, the state board where decision on such
review or appeal shall be final and conclusive. [1999 c 148
§ 11; 1969 c 118 § 3; 1955 c 263 § 10; 1945 c 261 § 12;
Rem. Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS
§ 9578-2.]
41.24.130 Quorum—Vote on allowance of claims.
A majority of the board of trustees shall constitute a quorum,
and no business shall be transacted when a majority is not
present, and no claim shall be allowed where a majority of
the board has not voted favorably thereon. [1945 c 261 §
13; Rem. Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2;
RRS § 9578-2.]
41.24.140 Guardian may be appointed. A local
board may appoint a guardian whenever and wherever the
claim of a participant or his or her beneficiary would, in the
opinion of the local board, be best served by the appointment. The local board shall have full power to make and
direct the payments under this chapter to any person entitled
to the payments without the necessity of any guardianship or
administration proceedings, when in its judgment, it shall
determine it to be for the best interests of the beneficiary.
[1999 c 148 § 12; 1989 c 91 § 14; 1945 c 261 § 14; Rem.
Supp. 1945 § 9578-28. Prior: 1935 c 121 § 2; RRS § 95782.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.150 Disability payments. (1)(a) Whenever a
participant becomes physically or mentally disabled, injured,
or sick, in consequence or as the result of the performance
of his or her duties, so as to be wholly prevented from
engaging in each and every duty of his or her regular
occupation, business, or profession, he or she shall be paid
from the principal fund monthly, an amount (i) equal to his
or her monthly wage as certified by the local board or (ii)
two thousand five hundred fifty dollars, whichever is less,
for a period not to exceed six months, or an amount equal to
[Title 41 RCW—page 104]
his or her daily wage as certified by the local board or
eighty-five dollars, whichever is less, per day for such period
as is part of a month, after which period, if the member is
incapacitated to such an extent that he or she is thereby
prevented from engaging in any occupation or performing
any work for compensation or profit or if the member
sustained an injury after October 1, 1978, which resulted in
the loss or paralysis of both legs or arms, or one leg and one
arm, or total loss of eyesight, but such injury has not
prevented the member from engaging in an occupation or
performing work for compensation or profit, he or she is
entitled to draw from the fund monthly, the sum of one
thousand two hundred seventy-five dollars so long as the
disability continues, except as *provided. However, if the
participant has a wife or husband and/or a child or children
unemancipated or under eighteen years of age, he or she is
entitled to draw from the fund monthly the additional sums
of two hundred fifty-five dollars because of the fact of his
wife or her husband, and one hundred ten dollars because of
the fact of each child unemancipated or under eighteen years
of age, all to a total maximum amount of two thousand five
hundred fifty dollars.
(b) Beginning on July 1, 2001, and each July 1st
thereafter, the compensation amounts specified in (a)(ii) of
this subsection shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows:
The index for the calendar year preceding the year in which
the July calculation is made, to be known as "calendar year
A," is divided by the index for the calendar year preceding
calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately
preceding the July 1st on which the respective calculation is
made. For the purposes of this subsection, "index" means
the same as the definition in RCW 2.12.037(1).
(2) The state board may at any time reopen the grant of
such disability pension if the pensioner is gainfully employed, and may reduce it in the proportion that the annual
income from such gainful employment bears to the annual
income received by the pensioner at the time of his or her
disability.
(3) Where a participant sustains a permanent partial
disability the state board may provide that the injured
participant receive a lump sum compensation therefor to the
same extent as is provided for permanent partial disability
under the workers’ compensation act under Title 51 RCW in
lieu of such monthly disability payments. [2001 c 134 § 1;
1999 c 148 § 13; 1996 c 57 § 1; 1989 c 91 § 2; 1987 c 185
§ 10; 1986 c 163 § 1; 1981 c 21 § 1; 1975-’76 2nd ex.s. c
76 § 1; 1969 c 118 § 4; 1965 c 86 § 1; 1957 c 159 § 1;
1953 c 253 § 1; 1945 c 261 § 15; Rem. Supp. 1945 § 957829. Prior: 1935 c 121 § 4; RRS § 9578-4.]
*Reviser’s note: 1999 c 148 § 13 deleted "hereinafter."
Effective date—2001 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 2, 2001]." [2001 c 134 § 3.]
Effective date—1996 c 57: "This act shall take effect July 1, 1996."
[1996 c 57 § 3.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
(2002 Ed.)
Volunteer Fire Fighters’ and Reserve Officers’ Relief and Pensions
Effective date—1981 c 21: "This amendatory act shall take effect
July 1, 1981." [1981 c 21 § 6.]
Severability—1981 c 21: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 21 § 5.]
41.24.160 Death benefits. (1)(a) Whenever a participant dies as the result of injuries received, or sickness
contracted in consequence or as the result of the performance
of his or her duties, the board of trustees shall order and
direct the payment from the principal fund of (i) the sum of
one hundred fifty-two thousand dollars to his widow or her
widower, or if there is no widow or widower, then to his or
her dependent child or children, or if there is no dependent
child or children, then to his or her dependent parents or
either of them, or if there are no dependent parents or parent,
then the death benefit shall be paid to the member’s estate,
and (ii)(A) the sum of one thousand two hundred seventyfive dollars per month to his widow or her widower during
his or her life together with the additional monthly sum of
one hundred ten dollars for each child of the member,
unemancipated or under eighteen years of age, dependent
upon the member for support at the time of his or her death,
(B) to a maximum total of two thousand five hundred fifty
dollars per month.
(b) Beginning on July 1, 2001, and each July 1st
thereafter, the compensation amount specified in (a)(ii)(B) of
this subsection shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows:
The index for the calendar year preceding the year in which
the July calculation is made, to be known as "calendar year
A," is divided by the index for the calendar year preceding
calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately
preceding the July 1st on which the respective calculation is
made. For the purposes of this subsection, "index" means
the same as the definition in RCW 2.12.037(1).
(2) If the widow or widower does not have legal
custody of one or more dependent children of the deceased
participant or if, after the death of the participant, legal
custody of such child or children passes from the widow or
widower to another person, any payment on account of such
child or children not in the legal custody of the widow or
widower shall be made to the person or persons having legal
custody of such child or children. Such payments on
account of such child or children shall be subtracted from
the amount to which such widow or widower would have
been entitled had such widow or widower had legal custody
of all the children and the widow or widower shall receive
the remainder after such payments on account of such child
or children have been subtracted. If there is no widow or
widower, or the widow or widower dies while there are
children, unemancipated or under eighteen years of age, then
the amount of one thousand two hundred seventy-five dollars
per month shall be paid for the youngest or only child
together with an additional one hundred ten dollars per
month for each additional of such children to a maximum of
two thousand five hundred fifty dollars per month until they
become emancipated or reach the age of eighteen years; and
if there are no widow or widower, child, or children entitled
thereto, then to his or her parents or either of them the sum
(2002 Ed.)
41.24.150
of one thousand two hundred seventy-five dollars per month
for life, if it is proved to the satisfaction of the board that
the parents, or either of them, were dependent on the
deceased for their support at the time of his or her death. In
any instance in subsections (1) and (2) of this section, if the
widow or widower, child or children, or the parents, or
either of them, marries while receiving such pension the
person so marrying shall thereafter receive no further pension from the fund.
(3) In the case provided for in this section, the monthly
payment provided may be converted in whole or in part into
a lump sum payment, not in any case to exceed twelve
thousand dollars, equal or proportionate, as the case may be,
to the actuarial equivalent of the monthly payment in which
event the monthly payments shall cease in whole or in part
accordingly or proportionately. Such conversion may be
made either upon written application to the state board and
shall rest in the discretion of the state board; or the state
board is authorized to make, and authority is given it to
make, on its own motion, lump sum payments, equal or
proportionate, as the case may be, to the value of the annuity
then remaining in full satisfaction of claims due to dependents. Within the rule under this subsection the amount
and value of the lump sum payment may be agreed upon
between the applicant and the state board. [2001 c 134 § 2.
Prior: 1999 c 148 § 14; 1999 c 117 § 5; 1998 c 151 § 1;
1996 c 57 § 2; 1989 c 91 § 3; 1986 c 163 § 2; 1981 c 21 §
2; 1975-’76 2nd ex.s. c 76 § 2; 1973 1st ex.s. c 154 § 74;
1965 c 86 § 2; 1961 c 57 § 1; 1957 c 159 § 2; 1953 c 253
§ 2; 1951 c 103 § 2; 1945 c 261 § 16; Rem. Supp. 1945 §
9578-30; prior: 1935 c 121 § 6; RRS § 9578-6.]
Effective date—2001 c 134: See note following RCW 41.24.150.
Effective date—1998 c 151: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 151 § 2.]
Effective date—1996 c 57: See note following RCW 41.24.150.
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.24.170 Retirement pensions. Except as provided
in RCW 41.24.410, whenever any participant has been a
member and served honorably for a period of ten years or
more as an active member in any capacity, of any regularly
organized fire department or law enforcement agency of any
municipality in this state, and which municipality has
adopted appropriate legislation allowing its fire fighters or
reserve officers to enroll in the retirement pension provisions
of this chapter, and the participant has enrolled under the
retirement pension provisions and has reached the age of
sixty-five years, the board of trustees shall order and direct
that he or she be retired and be paid a monthly pension from
the principal fund as provided in this section.
Whenever a participant has been a member, and served
honorably for a period of twenty-five years or more as an
active member in any capacity, of any regularly organized
volunteer fire department or law enforcement agency of any
municipality in this state, and he or she has reached the age
of sixty-five years, and the annual retirement fee has been
[Title 41 RCW—page 105]
41.24.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
paid for a period of twenty-five years, the board of trustees
shall order and direct that he or she be retired and such
participant be paid a monthly pension of two hundred eighty
dollars from the fund for the balance of that participant’s
life.
Whenever any participant has been a member, and
served honorably for a period of twenty-five years or more
as an active member in any capacity, of any regularly organized volunteer fire department or law enforcement agency
of any municipality in this state, and the participant has
reached the age of sixty-five years, and the annual retirement
fee has been paid for a period of less than twenty-five years,
the board of trustees shall order and direct that he or she be
retired and that such participant shall receive a minimum
monthly pension of thirty dollars increased by the sum of ten
dollars each month for each year the annual fee has been
paid, but not to exceed the maximum monthly pension
provided in this section, for the balance of the participant’s
life.
No pension provided in this section may become
payable before the sixty-fifth birthday of the participant, nor
for any service less than twenty-five years: PROVIDED,
HOWEVER, That:
(1) Any participant, who is older than fifty-nine years of
age, less than sixty-five years of age, and has completed
twenty-five years or more of service may irrevocably elect
a reduced monthly pension in lieu of the pension that participant would be entitled to under this section at age sixty-five.
The participant who elects this option shall receive the
reduced pension for the balance of his or her life. The
reduced monthly pension is calculated as a percentage of the
pension the participant would be entitled to at age sixty-five.
The percentage used in the calculation is based upon the age
of the participant at the time of retirement as follows:
Age
Age
Age
Age
Age
60
61
62
63
64
Sixty percent
Sixty-eight percent
Seventy-six percent
Eighty-four percent
Ninety-two percent
(2) If a participant is age sixty-five or older but has less
than twenty-five years of service, the participant is entitled
to a reduced benefit. The reduced benefit shall be computed
as follows:
(a) Upon completion of ten years, but less than fifteen
years of service, a monthly pension equal to twenty percent
of such pension as the participant would have been entitled
to receive at age sixty-five after twenty-five years of service;
(b) Upon completion of fifteen years, but less than
twenty years of service, a monthly pension equal to thirtyfive percent of such pension as the participant would have
been entitled to receive at age sixty-five after twenty-five
years of service; and
(c) Upon completion of twenty years, but less than
twenty-five years of service, a monthly pension equal to
seventy-five percent of such pension as the participant would
have been entitled to receive at age sixty-five after twentyfive years of service.
(3) If a participant with less than twenty-five years of
service elects to retire after turning age sixty but before
turning age sixty-five, the participant’s retirement allowance
is subject:
[Title 41 RCW—page 106]
(a) First to the reduction under subsection (2) of this
section based upon the participant’s years of service; and
(b) Second to the reduction under subsection (1) of this
section based upon the participant’s age. [1999 c 148 § 15;
1999 c 117 § 4; 1995 c 11 § 7; 1992 c 97 § 2; 1989 c 91 §
4; 1981 c 21 § 4; 1979 ex.s. c 157 § 1; 1973 1st ex.s. c 170
§ 2; 1969 c 118 § 5; 1961 c 57 § 2; 1953 c 253 § 3; 1951
c 103 § 1; 1945 c 261 § 17; Rem. Supp. 1945 § 9578-31.]
Reviser’s note: This section was amended by 1999 c 117 § 4 and by
1999 c 148 § 15, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1992 c 97: See note following RCW 41.24.030.
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
41.24.172 Retirement pensions—Options—Election.
Before beginning to receive the retirement pension provided
for in RCW 41.24.170, the participant shall elect, in a writing filed with the state board, to have the retirement pension
paid under either option 1 or 2, with option 2 calculated so
as to be actuarially equivalent to option 1.
(1) Option 1. A participant electing this option shall
receive a monthly pension payable throughout the
participant’s life. However, if the participant dies before the
total retirement pension paid to the participant equals the
amount paid on behalf of the participant into the principal
fund, then the balance shall be paid to the participant’s
surviving spouse, or if there be no surviving spouse, then to
the participant’s legal representatives.
(2) Option 2. A participant electing this option shall
receive a reduced monthly pension, which upon the
participant’s death shall be continued throughout the life of
and paid to the participant’s surviving spouse named in the
written election filed with the state board, however, in the
event that the surviving spouse dies before the participant,
the participant’s monthly retirement allowance shall increase,
effective the first day of the following month, to the monthly
amount that would have been received had the participant
elected option 1. [1999 c 148 § 16; 1999 c 117 § 6; 1995
c 11 § 9; 1989 c 91 § 6.]
Reviser’s note: This section was amended by 1999 c 117 § 6 and by
1999 c 148 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.175 Disability or retirement payments—
Computation according to latest legislative expression.
Payments to persons who are now receiving, or who may
hereafter receive any disability or retirement payments under
the provisions of chapter 41.24 RCW shall be computed in
accordance with the last act enacted by the legislature
relative thereto: PROVIDED HOWEVER, That nothing
herein contained shall be construed as reducing the amount
of any pension to which any fire fighter shall have been
eligible to receive under the provisions of section 1, chapter
103, Laws of 1951. [1989 c 91 § 15; 1959 c 9 § 1.]
Effective date—1989 c 91: See note following RCW 41.24.010.
(2002 Ed.)
Volunteer Fire Fighters’ and Reserve Officers’ Relief and Pensions
41.24.176 Disability or retirement payments—
Construction. The provisions of *this act are intended to be
remedial and procedural and any benefits heretofore paid to
recipients hereunder pursuant to any previous act are retroactively included and authorized as part of *this act. [1959
c 9 § 2.]
*Reviser’s note: "this act" appears in 1959 c 9, which is codified as
RCW 41.24.175 and 41.24.176.
41.24.180 Lump sum payments. The board of
trustees of any municipal corporation shall direct payment
from the principal fund in the following cases:
(1) To any participant, upon his or her request, upon
attaining the age of sixty-five years, who, for any reason, is
not qualified to receive the monthly retirement pension
provided under this chapter and who was enrolled in the
retirement provisions and on whose behalf annual fees for
retirement pension were paid, a lump sum amount equal to
the amount paid into the fund by the participant.
(2) If any participant who has not completed at least ten
years of service dies without having requested a lump sum
payment under subsection (1) or (3) of this section, there
shall be paid to the participant’s surviving spouse, or if there
be no surviving spouse, then to such participant’s legal
representatives, a lump sum amount equal to the amount
paid into the fund by the participant. If any participant who
has completed at least ten years of service dies other than as
the result of injuries received or sickness contracted in
consequence or as the result of the performance of his or her
duties, without having requested a lump sum payment under
subsection (1) or (3) of this section and before beginning to
receive the monthly pension provided for in this chapter, the
participant’s surviving spouse shall elect to receive either:
(a) A monthly pension computed as provided for in
RCW 41.24.170 actuarially adjusted to reflect option 2 of
RCW 41.24.172 and further actuarially reduced to reflect the
difference in the number of years between the participant’s
age at death and age sixty-five; or
(b) A lump sum amount equal to the amount paid into
the principal fund by the participant and the municipality or
municipalities in whose department he or she has served.
If there be no such surviving spouse, then there shall be
paid to the participant’s legal representatives a lump sum
amount equal to the amount paid into the fund by the
participant.
(3) If any participant retires from service before attaining the age of sixty-five years, the participant may make
application for the return in a lump sum of the amount paid
into the fund by himself or herself. [1999 c 148 § 17; 1989
c 91 § 5; 1975-’76 2nd ex.s. c 76 § 3; 1974 ex.s. c 26 § 1.
Prior: 1973 1st ex.s. c 170 § 3; 1973 1st ex.s. c 154 § 75;
1961 c 57 § 3; 1945 c 261 § 18; Rem. Supp. 1945 § 957822.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Conversion of death benefits to lump sum: RCW 41.24.160.
41.24.176
41.24.185 Lump sum payments—Monthly pension
under twenty-five dollars. Any monthly pension, payable
under this chapter, which will not amount to twenty-five
dollars may be converted into a lump sum payment equal to
the actuarial equivalent of the monthly pension. The
conversion may be made either upon written application to
the state board and shall rest at the discretion of the state
board; or the state board may make, on its own motion,
lump sum payments, equal or proportionate, as the case may
be, to the value of the annuity then remaining in full
satisfaction of claims due. Any person receiving a monthly
payment of less than twenty-five dollars at the time of
September 1, 1979, may elect, within two years, to convert
such payments into a lump sum payment as herein provided.
[1989 c 91 § 7.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.190 Proof of service. The filing of reports of
enrollment shall be prima facie evidence of the service of the
participants therein listed for the year of such report as to
service rendered subsequent to July 6, 1945. Proof of
service of fire fighters [participants] prior to that date shall
be by documentary evidence, or such other evidence reduced
to writing and sworn to under oath, as shall be submitted to
the state board and certified by it as sufficient. [1995 c 11
§ 11; 1989 c 91 § 16; 1969 c 118 § 6; 1953 c 253 § 4; 1945
c 261 § 19; Rem. Supp. 1945 § 9578-33.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.200 Service need not be continuous nor in a
single department or agency. The aggregate term of
service of any participant need not be continuous nor need
it be confined to a single fire department or law enforcement
agency nor a single municipality in this state to entitle such
participant to a retirement pension if the participant has been
duly enrolled in a fire department or law enforcement agency
of a municipality which has elected to extend the retirement
pension provisions of this chapter to its fire fighters or
reserve officers at the time he or she becomes eligible for
the retirement pension and has paid all fees prescribed. To
be eligible to the full pension a participant must have an
aggregate of twenty-five years service, have made twentyfive annual payments into the fund, and be sixty-five years
of age at the time the participant commences drawing the
pension provided for by this chapter, all of which twentyfive years service must have been in the fire department or
law enforcement agency of a municipality or municipalities
which have elected to extend the retirement pension provisions of this chapter to its fire fighters or reserve officers.
Nothing in this chapter shall require any participant having
twenty-five years active service to continue as a fire fighter
or reserve officer and no participant who has completed
twenty-five years of active service for which annual retirement pension fees have been paid and who continues as a
fire fighter or reserve officer shall be required to pay any
additional annual pension fees. [1999 c 148 § 18; 1995 c 11
§ 12; 1989 c 91 § 17; 1973 1st ex.s. c 170 § 4; 1961 c 57 §
4; 1953 c 253 § 5; 1945 c 261 § 20; Rem. Supp. 1945 §
9578-34.]
Effective date—1989 c 91: See note following RCW 41.24.010.
(2002 Ed.)
[Title 41 RCW—page 107]
41.24.200
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
41.24.210 Report of accident—Time limitation for
filing report and claim. A participant shall not receive
relief for disability, sickness, or injuries received in the
performance of his or her duties, unless there is filed with
the board of trustees a report of accident, which report shall
be subscribed to by the claimant, the head of the department,
and the authorized attending physician, if there is one. A
claim for benefits arising from disability, sickness, or injuries
incurred in consequence or as a result of the performance of
duties shall not be allowed by the state board unless there
has been filed with it a report of accident within ninety days
after its occurrence and a claim based thereon within one
year after the occurrence of the accident on which such
claim is based. The state board may require such other or
further evidence as it deems advisable before ordering any
relief. [1999 c 148 § 19; 1989 c 91 § 18; 1969 c 118 § 7;
1957 c 159 § 3; 1945 c 261 § 21; Rem. Supp. 1945 § 957835.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.220 Hospitalization, surgery, etc. Whenever
any participant becomes injured, disabled, or sick in consequence or as the result of the performance of his or her
duties by reason of which he or she is confined to any
hospital or other medical facility, an amount not exceeding
the daily ward rate of the hospital or regular fees for such
service shall be allowed and paid from the principal fund.
This allowance shall not be in lieu of but in addition to any
other allowance provided in this chapter. In addition, the
costs of surgery, medicine, laboratory fees, x-ray, special
therapies, and similar additional costs shall be paid. When
extended treatment, not available in the injured, disabled, or
sick participant’s home area, is required, the participant may
be reimbursed for actual mileage to and from the place of
extended treatment pursuant to RCW 43.03.060. [1999 c
148 § 20; 1989 c 91 § 19; 1975-’76 2nd ex.s. c 76 § 4; 1965
c 86 § 3; 1961 c 57 § 5; 1957 c 159 § 4; 1953 c 253 § 7;
1951 c 103 § 3; 1949 c 145 § 2; 1945 c 261 § 22; Rem.
Supp. 1949 § 9578-36. Prior: 1935 c 121 § 5; RRS §
9578-5.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.230 Funeral and burial expenses. Upon the
death of any participant resulting from injuries or sickness in
consequence or as the result of the performance of his or her
duties, the board of trustees shall authorize the issuance of
a voucher for the sum of two thousand dollars, and upon the
death of any participant who is receiving any disability
payments provided for in this chapter, the board of trustees
shall authorize the issuance of a voucher for the sum of five
hundred dollars, to help defray the funeral expenses and
burial of the participant, which voucher shall be paid in the
manner provided for payment of other charges against the
principal fund. [1999 c 148 § 21; 1989 c 91 § 20; 1986 c
163 § 3; 1981 c 21 § 3; 1975-’76 2nd ex.s. c 76 § 5; 1961
c 57 § 6; 1957 c 159 § 5; 1951 c 103 § 4; 1945 c 261 § 23;
Rem. Supp. 1945 § 9578-37. Prior: 1935 c 121 § 7; RRS
§ 9578-7.]
[Title 41 RCW—page 108]
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
41.24.240 Benefits not transferable or subject to
legal process—Exceptions—Chapter not exclusive. The
right of any person to any future payment under the provisions of this chapter shall not be transferable or assignable
at law or in equity, and none of the moneys paid or payable
or the rights existing under this chapter, shall be subject to
execution, levy, attachment, garnishment, or other legal
process, or to the operation of any bankruptcy or insolvency
law. This section shall not be applicable to any child
support collection action taken under chapter 26.18, 26.23,
or 74.20A RCW. Benefits under this chapter shall be
payable to a spouse or ex-spouse to the extent expressly
provided for in any court decree of dissolution or legal
separation or in any court order or court-approved property
settlement agreement incident to any court decree of dissolution or legal separation.
Nothing in this chapter shall be construed to deprive any
participant, eligible to receive a pension hereunder, from
receiving a pension under any other act to which that
participant may become eligible by reason of services other
than or in addition to his or her services under this chapter.
[1995 c 11 § 13. Prior: 1989 c 360 § 26; 1989 c 91 § 21;
1979 ex.s. c 205 § 3; 1957 c 159 § 6; 1945 c 261 § 24;
Rem. Supp. 1945 § 9578-38.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.245 Payments to spouse or ex spouse pursuant to court order. (1) If the state board or the secretary
makes payments to a spouse or ex spouse to the extent
expressly provided for in any court decree of dissolution or
legal separation or in any court order or court-approved
property settlement agreement incident to a court decree of
dissolution or legal separation, it shall be a sufficient answer
to any claim of a beneficiary against the state board, the
secretary, or the principal fund for the state board or
secretary to show that the payments were made pursuant to
a court decree.
(2) All payments made to a nonmember spouse or ex
spouse pursuant to RCW 41.24.240 shall cease upon the
death of such a nonmember spouse or ex spouse. Upon such
a death, the state board and the secretary shall pay to the
member his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.24.240 and this section
shall apply to all court decrees of dissolution or legal
separation and court-approved property settlement agreements, regardless of when entered, but shall apply only to
those persons who have actually retired or who have
requested withdrawal of any or all of their contributions to
the principal fund: PROVIDED, That the state board or
secretary shall not be responsible for making court-ordered
divisions of withdrawals unless the order is filed with the
state board at least thirty days before the withdrawal payment date. [1999 c 148 § 22; 1987 c 326 § 19.]
Effective date—1987 c 326: See RCW 41.50.901.
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW
41.50.500 through 41.50.660.
(2002 Ed.)
Volunteer Fire Fighters’ and Reserve Officers’ Relief and Pensions
41.24.250 State board for volunteer fire fighters
and reserve officers—Composition—Terms—Vacancies—
Oath. The state board for volunteer fire fighters and reserve
officers is created to consist of three members of a fire
department covered by this chapter, no two of whom shall
be from the same congressional district, to be appointed by
the governor to serve overlapping terms of six years. Of
members first appointed, one shall be appointed for a term
of six years, one for four years, and one for two years.
Upon the expiration of a term, a successor shall be appointed
by the governor for a term of six years. Any vacancy shall
be filled by the governor for the unexpired term. Each
member of the state board, before entering on the performance of his or her duties, shall take an oath that he or she
will not knowingly violate or willingly permit the violation
of any provision of law applicable to this chapter, which
oath shall be filed with the secretary of state.
The state board shall not be deemed to be unlawfully
constituted and a member of the board shall not be deemed
ineligible to serve the remainder of the member’s unexpired
term on the board solely by reason of the establishment of
new or revised boundaries for congressional districts. [1999
c 148 § 23; 1989 c 91 § 22; 1982 1st ex.s. c 30 § 11; 1955
c 263 § 2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.260 State board for volunteer fire fighters
and reserve officers—Meetings—Quorum. The state
board shall hold regular semiannual meetings in April and
October of each year, and special meetings not more than
once monthly at such times and places as may be called by
the chairman or by two of its members. No action shall be
taken by the state board without the approval of two members. [1955 c 263 § 3.]
41.24.270 State board for volunteer fire fighters
and reserve officers—Compensation—Travel expenses.
Each member of the state board shall be compensated in accordance with RCW 43.03.240. Each member shall also
receive travel expenses, including going to and from meetings of the state board or other authorized business of the
state board, in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 § 70; 1975-’76 2nd ex.s. c 34 § 87;
1969 c 118 § 8; 1955 c 263 § 4.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
41.24.280 State board for volunteer fire fighters
and reserve officers—Attorney general is legal advisor.
The attorney general shall be the legal advisor for the state
board. [1999 c 148 § 24; 1955 c 263 § 5.]
41.24.290 State board for volunteer fire fighters
and reserve officers—Powers and duties. The state board
shall:
(1) Generally supervise and control the administration
of this chapter;
(2) Promulgate, amend, or repeal rules and regulations
not inconsistent with this chapter for the purpose of effecting
(2002 Ed.)
41.24.250
a uniform and efficient manner of carrying out the provisions
of this chapter and the purposes to be accomplished thereby,
and for the government of boards of trustees of the municipalities of this state in the discharge of their functions under
this chapter;
(3) Review any action, and hear and determine any
appeal which may be taken from the decision of the board
of trustees of any municipality made pursuant to this chapter;
(4) Take such action as may be necessary to secure
compliance of the municipalities governed by this chapter
and to provide for the collection of all fees and penalties
which are, or may be, due and delinquent from any such
municipality;
(5) Review the action of the board of trustees of any
municipality authorizing any pension as provided by this
chapter; and authorize the regular issuance of monthly
warrants in payment thereof without further action of the
board of trustees of such municipality;
(6) Require periodic reports from the recipient of any
benefits under this chapter for the purpose of determining
their continued eligibility therefor;
(7) Maintain such records as may be necessary and
proper for the proper maintenance and operation of the
principal fund, including records of the names of every
person enrolled under this chapter, and provide all necessary
forms to enable local boards of trustees to effectively carry
out their duties as provided by this chapter;
(8) Compel the taking of testimony from witnesses
under oath before the state board, or any member or the
secretary thereof, or before the local board of trustees or any
member thereof, for the purpose of obtaining evidence, at
any time, in connection with any claim or pension pending
or authorized for payment. For such purpose the state board
shall have the same power of subpoena as prescribed in
RCW 51.52.100. Failure of any claimant to appear and give
any testimony as herein provided shall suspend any rights or
eligibility to receive payments for the period of such failure
to appear and testify;
(9) Appoint a secretary to hold office at the pleasure of
the state board, fix the secretary’s compensation at such sum
as it shall deem appropriate, and prescribe the secretary’s
duties not otherwise provided by this chapter. [1999 c 148
§ 25; 1989 c 91 § 23; 1955 c 263 § 6.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.300 State board for volunteer fire fighters
and reserve officers—Vouchers, warrants. All expenses
incurred by the state board shall be accomplished by
vouchers signed by the secretary and one member of the
state board and issued to the persons entitled thereto and sent
to the proper state agency. The proper state agency shall
issue a warrant on the principal fund or administrative fund
for the amount specified. [1999 c 148 § 26; 1979 ex.s. c
157 § 2; 1969 c 118 § 9; 1955 c 263 § 7.]
41.24.310 State board for volunteer fire fighters
and reserve officers—Secretary, duties, compensation.
The secretary shall maintain an office at Olympia at a place
to be provided, wherein the secretary shall:
(1) Keep a record of all proceedings of the state board,
which shall be public;
[Title 41 RCW—page 109]
41.24.310
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Maintain a record of all members of the pension
fund, including such pertinent information relative thereto as
may be required by law or rule of the state board;
(3) Receive and promptly remit to the state treasurer all
moneys received for the principal fund;
(4) Transmit periodically to the proper state agency for
payment all claims payable from the principal fund, stating
the amount and purpose of such payment;
(5) Certify monthly for payment a list of all persons
approved for retirement pensions and the amount to which
each is entitled; and
(6) Perform such other and further duties as shall be
prescribed by the state board.
The secretary shall receive such compensation as shall
be fixed by the state board, together with travel expenses in
carrying out his or her duties authorized by the state board
in accordance with RCW 43.03.050 and 43.03.060. [1999 c
148 § 27; 1989 c 91 § 24; 1975-’76 2nd ex.s. c 34 § 88;
1969 c 118 § 10; 1955 c 263 § 8.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
41.24.320 State board for volunteer fire fighters
and reserve officers—State actuary to provide actuarial
services. The state actuary shall provide actuarial services
for the state board. [1999 c 148 § 28; 1989 c 91 § 25.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.330 Emergency medical service districts—
Board of trustees—Creation. An emergency medical
service district board of trustees is created to administer this
chapter in every county maintaining a regularly organized
emergency medical service district. The emergency medical
service district board shall consist of two of the members of
the county legislative authority or their designees, the county
auditor or the auditor’s designee, the head of the emergency
medical service district, and one emergency worker from the
emergency medical service district to be elected by the
emergency workers of the emergency medical service district
for a term of one year and annually thereafter.
The emergency medical service district shall make
provisions for the collection and payment of the fees
provided under this chapter and shall continue to make such
provisions for all emergency workers who come under this
chapter as long as they shall continue to be members of the
fire department. [1999 c 148 § 29; 1993 c 331 § 2.]
41.24.340 Emergency medical service districts—
Board of trustees—Officers—Annual report. The chair
of the county legislative authority, or the chair’s designee,
shall be chair of the emergency medical service district
board of trustees, and the county auditor, or the auditor’s
designee, shall be the secretary-treasurer of the emergency
medical service district board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements made by the
emergency medical service district board of trustees, shall
make an annual report of its expenses and disbursements
with a full list of the beneficiaries of the principal fund in
the county, and shall make all required reports to the state
[Title 41 RCW—page 110]
board. The state board shall provide all necessary forms to
emergency worker boards of trustees. [1999 c 148 § 30;
1993 c 331 § 3.]
41.24.400 Reserve officers—Enrollment—
Limitations. (1) Except as provided in subsection (2) of
this section, any municipality may make provision by
appropriate legislation and payment of fees required by
RCW 41.24.030(1) solely for the purpose of enabling any
reserve officer to enroll under the retirement pension
provisions of this chapter or fees required under RCW
41.24.030(1) to pay for the costs of extending the relief provisions of this chapter to its reserve officers.
(2) A reserve officer is not eligible to receive a benefit
under the retirement provisions of this chapter for service
under chapter 41.26, 41.32, or 41.40 RCW.
(3) Every municipality shall make provisions for the
collection and payment of the fees required under this
chapter, and shall continue to make provisions for all reserve
officers who come under this chapter as long as they continue to be employed as reserve officers.
(4) Except as provided under RCW 41.24.450, a reserve
officer is not eligible to receive a benefit under the relief
provisions of this chapter. [1999 c 148 § 31; 1998 c 307 §
4; 1995 c 11 § 2.]
41.24.410 Reserve officers—Credit for service.
Credit for service as a reserve officer shall not be counted
for purposes of RCW 41.24.170 except as stated in this
section: Within one year of an election to cover reserve
officers under the retirement provisions of this chapter, the
municipality must elect, on a one-time basis, one of the
following:
(1)(a) To count credit for service only after July 23,
1995;
(b) To pay annual fees only for service after July 23,
1995; or
(2)(a) To count credit for all service as a reserve officer,
but only if the actuarial cost, as determined by the state
board, is paid by the municipality. The municipality may
charge reserve officers for any portion of the cost; and
(b) To pay annual fees only for service after July 23,
1995; or
(3)(a) To count credit for all service as a reserve officer,
but only if the actuarial cost, as determined by the state
board, is paid by the municipality. The municipality may
charge reserve officers for any portion of the cost; and
(b) To pay annual fees for service prior to July 23,
1995, if:
(i) The reserve officer elects, within one year of the
municipality’s election under this section, to pay the annual
fee plus one percent per month interest for each year of past
service counted; and
(ii) The municipality pays the actuarial cost, as determined by the state board, of the benefit provided in (b) of
this subsection. The municipality may charge reserve
officers for any portion of the cost.
Payments under this section may be made in a lump
sum or in a manner prescribed by the state board. [1995 c
11 § 4.]
(2002 Ed.)
Volunteer Fire Fighters’ and Reserve Officers’ Relief and Pensions
41.24.430 Reserve officers—Eligibility for benefit.
A reserve officer shall not receive a retirement benefit under
this chapter unless he or she completes at least three years
of service after July 23, 1995. [1995 c 11 § 8.]
41.26.040
41.26.045
41.26.046
41.26.047
41.24.450 Reserve officers—Municipality adoption
of relief benefits. A municipality employing reserve
officers may adopt appropriate legislation extending the
relief provisions of this chapter to its reserve officers. The
relief provisions of this chapter may not be extended to
reserve officers if the municipality has extended industrial
insurance coverage to its reserve officers under RCW
51.12.140 or 51.12.035(2), or any other provision of law. A
municipality that adopts appropriate legislation extending the
relief provisions of this chapter to its reserve officers shall
enjoy the same extent of immunity from civil actions for
personal injuries to its reserve officers that arises if the
reserve officers were covered under Title 51 RCW. [1999
c 148 § 32; 1998 c 307 § 1.]
41.24.460 Reserve officers—Board of trustees. A
municipality that adopts appropriate legislation extending the
relief provisions of this chapter to its reserve officers shall
create a reserve officer board of trustees to administer this
chapter composed as follows:
(1) A county reserve officer board of trustees shall
consist of the following five members: (a) Two members of
the county legislative authority and the county auditor, or
their designees; (b) the sheriff; and (c) one reserve officer
who is elected by reserve officers of the county for an
annual one-year term.
(2) Any other reserve officer board of trustees shall
consist of the following five members: (a) The mayor, if
one exists for the municipality, and one member of the
municipality’s legislative authority, or two members of the
municipality’s legislative authority if a mayor does not exist
for the municipality, or their designees; (b) the clerk,
comptroller, or chief fiscal officer of the municipality; (c)
the head of the law enforcement agency; and (d) one reserve
officer who is elected by reserve officers of the municipality
for an annual term of one year.
(3) The secretary of the board of trustees shall keep a
public record of all proceedings and of all receipts and
disbursements made by the board of trustees, shall make an
annual report of its expenses and disbursements with a full
list of the beneficiaries of the principal fund in the municipality, and shall make all required reports to the state board.
The state board shall provide the boards of trustees with all
necessary forms. [1999 c 148 § 33; 1998 c 307 § 2.]
Chapter 41.26
LAW ENFORCEMENT OFFICERS’ AND FIRE
FIGHTERS’ RETIREMENT SYSTEM
Sections
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
41.26.005
41.26.010
41.26.020
41.26.030
41.26.035
(2002 Ed.)
Provisions applicable to "plan 1" and "plan 2."
Short title.
Purpose of chapter.
Definitions.
"Minimum medical and health standards" defined.
41.26.048
41.26.053
41.26.056
41.26.057
41.26.059
41.26.061
41.26.062
41.24.430
System created—Membership—Funds.
Minimum medical and health standards.
Minimum medical and health standards—Board to adopt—
Publication and distribution—Employer certification
procedures.
Minimum medical and health standards—Exemptions—
Employer may adopt higher standards.
Special death benefit—Death in the course of employment.
Exemption from judicial process, taxes—Exceptions—
Deduction for insurance upon request.
No bond required on appeal to court.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Disability retirement—Criminal conduct.
Falsification—Penalty.
"PLAN 1"
41.26.075
41.26.080
41.26.090
41.26.100
41.26.110
Provisions applicable to plan 1.
Funding total liability of plan 1 system.
Retirement for service.
Allowance on retirement for service.
City and county disability boards authorized—
Composition—Terms—Reimbursement for travel expenses—Duties.
41.26.115 Director of retirement systems to adopt rules governing
disability boards—Remand of orders not in accordance
with rules.
41.26.120 Retirement for disability incurred in the line of duty.
41.26.125 Retirement for disability not incurred in the line of duty.
41.26.130 Allowance on retirement for disability.
41.26.135 Cessation of disability—Determination.
41.26.140 Reexaminations of disability beneficiaries—Reentry—
Appeal.
41.26.150 Sickness or disability benefits—Medical services.
41.26.160 Death benefits—Duty connected.
41.26.161 Death benefits—Nonduty connected.
41.26.162 Ex spouse qualifying as surviving spouse—When.
41.26.164 Optional reduced retirement allowance—Continues for
spouse otherwise ineligible for survivor benefits.
41.26.170 Refund of contributions on discontinuance of service—
Reentry.
41.26.190 Credit for military service.
41.26.192 Credit for service under prior pension system—Restoration
of withdrawn contributions.
41.26.194 Credit for service under prior pension system—Service not
covered under prior system.
41.26.195 Transfer of service credit from other retirement system—
Irrevocable election allowed.
41.26.197 Service credit for paid leave of absence—Application to
elected officials of labor organizations.
41.26.200 Appeal to director of retirement systems.
41.26.211 Notice for hearing required prior to petitioning for judicial
review.
41.26.221 Hearing—Conduct.
41.26.240 Increases or decreases in retirement allowances to be determined by department in accordance with consumer price
index.
41.26.250 Increase in presently payable benefits for service or disability authorized.
41.26.260 Increase in certain presently payable death benefits authorized.
41.26.270 Declaration of policy respecting benefits for injury or
death—Civil actions abolished.
41.26.281 Cause of action for injury or death, when.
41.26.3901 Severability—1969 ex.s. c 209.
41.26.3902 Act to control inconsistencies.
41.26.3903 Effective date—1969 ex.s. c 209.
"PLAN 2"
41.26.410
41.26.420
41.26.425
41.26.430
41.26.440
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Post-retirement cost-of-living.
[Title 41 RCW—page 111]
Chapter 41.26
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.26.450
Port districts and institutions of higher education—Must
make both employer and state contributions.
41.26.460 Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
41.26.470 Earned disability allowance—Cancellation of allowance—
Reentry—Receipt of service credit while disabled—
Conditions—Disposition upon death of recipient.
41.26.480 Industrial insurance.
41.26.490 Application for and effective date of retirement allowances.
41.26.500 Suspension of retirement allowance upon reemployment—
Reinstatement.
41.26.510 Death benefits.
41.26.520 Service credit for paid leave of absence, officers of labor
organizations, unpaid leave of absence, military service.
41.26.530 Vested membership.
41.26.540 Refund of contributions on termination.
41.26.550 Reentry.
41.26.901 Severability—1977 ex.s. c 294.
41.26.921 Effective date—1977 ex.s. c 294.
Reviser’s note: Throughout chapter 41.26 RCW, the phrase "this act"
has been changed to "this chapter." 1969 ex.s. c 209 consists of this chapter
and RCW 41.16.145, 41.18.010, 41.18.040, 41.18.045, 41.18.060, 41.18.100,
41.18.102, 41.18.104, 41.18.130, 41.18.190, 41.20.005, 41.20.085,
41.20.170, 41.20.050, and 41.20.060.
Numerical designations—1998 c 341: "(1) The legislature declares
that changing the numerical designation of the different retirement plans
within the retirement systems from Roman numerals to Arabic numerals is
of no substantive importance.
(2) The code reviser, under RCW 1.08.025, is directed to change the
numerical designation of the retirement plans as follows:
(a) Where "I" is used, replace with "1";
(b) Where "II" is used, replace with "2"; and
(c) Where "III" is used, replace with "3."" [1998 c 341 § 709.] This
section takes effect September 1, 2000.
Emergency medical technician or first aid vehicle operator prohibited from
joining system solely on basis of such service: RCW 41.24.050.
"PROVISIONS APPLICABLE TO PLAN 1
AND PLAN 2"
41.26.005 Provisions applicable to "plan 1" and
"plan 2." RCW 41.26.010 through 41.26.062 shall apply to
members of plan 1 and plan 2. [1992 c 72 § 2; 1991 c 35
§ 12; 1989 c 273 § 10; 1985 c 102 § 5; 1979 ex.s. c 249 §
1; 1977 ex.s. c 294 § 18.]
Recodification ratified—Correction of statutory references—1992
c 72: "(1) The recodification of retirement provisions adopted by the code
reviser pursuant to the directives of chapter 35, Laws of 1991, is hereby
ratified.
(2) The code reviser shall correct all statutory references to sections
recodified pursuant to chapter 35, Laws of 1991." [1992 c 72 § 1.]
Intent—1991 c 35: "(1) The legislature intends to reorganize chapter
41.26 RCW. The goals of this reorganization are to: (a) Arrange provisions relating to the Washington law enforcement officers’ and fire fighters’
retirement system plan 1, the Washington law enforcement officers’ and fire
fighters’ retirement system plan 2, and those provisions relating to both plan
1 and plan 2 into three separate subchapters within chapter 41.26 RCW; (b)
decodify or repeal obsolete statutes; (c) update references to the retirement
board to refer to either the department of retirement systems or the director
of that department, as appropriate; (d) make all references gender neutral;
and (e) recodify administrative provisions. The legislature does not intend
to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 41.26 RCW or other
statutory provisions or rules adopted under those provisions.
(2) The legislature intends to reorganize chapter 41.32 RCW. The
goals of this reorganization are to: (a) Arrange provisions relating to the
Washington teachers’ retirement system plan 1, the Washington teachers’
retirement system plan 2, and both plan 1 and plan 2 into three separate
subchapters within chapter 41.32 RCW; (b) decodify or repeal obsolete
statutes; (c) update references to the retirement board to refer to either the
department of retirement systems or the director of that department, as
[Title 41 RCW—page 112]
appropriate; (d) make all references gender neutral; and (e) recodify
administrative provisions. The legislature does not intend to make
substantive changes in the meaning, interpretation, court construction, or
constitutionality of any provision of chapter 41.32 RCW or other statutory
provisions or rules adopted under those provisions.
(3) The legislature intends to reorganize chapter 41.40 RCW. The
goals of this reorganization are to: (a) Arrange provisions relating to the
public employees’ retirement system plan 1, the public employees’
retirement system plan 2, and both plan 1 and plan 2 into three separate
subchapters within chapter 41.40 RCW; (b) decodify obsolete statutes; (c)
update references to the retirement board to refer to either the department
of retirement systems or the director of that department, as appropriate; (d)
make all references gender neutral; and (e) recodify administrative
provisions. The legislature does not intend to make substantive changes in
the meaning, interpretation, court construction, or constitutionality of any
provision of chapter 41.40 RCW or other statutory provisions or rules
adopted under those provisions.
(4) This act is technical in nature and shall not have the effect of
terminating or in any way modifying any rights, proceedings, or liabilities,
civil or criminal, which exist on July 28, 1991." [1991 c 35 § 1.]
Severability—1989 c 273: See RCW 41.45.900.
Purpose—Retrospective application—1985 c 102: See notes
following RCW 41.26.120.
41.26.010 Short title. This chapter shall be known
and cited as the "Washington Law Enforcement Officers’
and Fire Fighters’ Retirement System Act". [1969 ex.s. c
209 § 1.]
41.26.020 Purpose of chapter. The purpose of this
chapter is to provide for an actuarial reserve system for the
payment of death, disability, and retirement benefits to law
enforcement officers and fire fighters, and to beneficiaries of
such employees, thereby enabling such employees to provide
for themselves and their dependents in case of disability or
death, and effecting a system of retirement from active duty.
[1969 ex.s. c 209 § 2.]
41.26.030 Definitions. As used in this chapter, unless
a different meaning is plainly required by the context:
(1) "Retirement system" means the "Washington law
enforcement officers’ and fire fighters’ retirement system"
provided herein.
(2)(a) "Employer" for plan 1 members, means the
legislative authority of any city, town, county, or district or
the elected officials of any municipal corporation that
employs any law enforcement officer and/or fire fighter, any
authorized association of such municipalities, and, except for
the purposes of RCW 41.26.150, any labor guild, association,
or organization, which represents the fire fighters or law
enforcement officers of at least seven cities of over 20,000
population and the membership of each local lodge or
division of which is composed of at least sixty percent law
enforcement officers or fire fighters as defined in this
chapter.
(b) "Employer" for plan 2 members, means the following entities to the extent that the entity employs any law
enforcement officer and/or fire fighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority
law enforcement agency; or
(iv) A four-year institution of higher education having
a fully operational fire department as of January 1, 1996.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
(3) "Law enforcement officer" beginning January 1,
1994, means any person who is commissioned and employed
by an employer on a full time, fully compensated basis to
enforce the criminal laws of the state of Washington generally, with the following qualifications:
(a) No person who is serving in a position that is
basically clerical or secretarial in nature, and who is not
commissioned shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving
under a different title pursuant to county charter, who have
successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is
used, and those persons serving in unclassified positions
authorized by RCW 41.14.070 except a private secretary will
be considered law enforcement officers;
(c) Only such full time commissioned law enforcement
personnel as have been appointed to offices, positions, or
ranks in the police department which have been specifically
created or otherwise expressly provided for and designated
by city charter provision or by ordinance enacted by the
legislative body of the city shall be considered city police
officers;
(d) The term "law enforcement officer" also includes the
executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2)) if that
individual has five years previous membership in the
retirement system established in chapter 41.20 RCW. The
provisions of this subsection (3)(d) shall not apply to plan 2
members; and
(e) The term "law enforcement officer" also includes a
person employed on or after January 1, 1993, as a public
safety officer or director of public safety, so long as the job
duties substantially involve only either police or fire duties,
or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this
subsection (3)(e) shall not apply to any public safety officer
or director of public safety who is receiving a retirement
allowance under this chapter as of May 12, 1993.
(4) "Fire fighter" means:
(a) Any person who is serving on a full time, fully
compensated basis as a member of a fire department of an
employer and who is serving in a position which requires
passing a civil service examination for fire fighter, and who
is actively employed as such;
(b) Anyone who is actively employed as a full time fire
fighter where the fire department does not have a civil
service examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an association
of fire protection districts authorized under RCW 52.12.031.
The provisions of this subsection (4)(d) shall not apply to
plan 2 members;
(e) The executive secretary of a labor guild, association
or organization (which is an employer under RCW
41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system
established in chapter 41.16 or 41.18 RCW. The provisions
of this subsection (4)(e) shall not apply to plan 2 members;
(f) Any person who is serving on a full time, fully
compensated basis for an employer, as a fire dispatcher, in
a department in which, on March 1, 1970, a dispatcher was
(2002 Ed.)
41.26.030
required to have passed a civil service examination for fire
fighter; and
(g) Any person who on March 1, 1970, was employed
on a full time, fully compensated basis by an employer, and
who on May 21, 1971, was making retirement contributions
under the provisions of chapter 41.16 or 41.18 RCW.
(5) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(6) "Surviving spouse" means the surviving widow or
widower of a member. "Surviving spouse" shall not include
the divorced spouse of a member except as provided in
RCW 41.26.162.
(7)(a) "Child" or "children" means an unmarried person
who is under the age of eighteen or mentally or physically
handicapped as determined by the department, except a
handicapped person in the full time care of a state institution,
who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence
prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a
member prior to the date benefits are payable under this
chapter; or
(v) An illegitimate child legitimized prior to the date
any benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to
and including the age of twenty years and eleven months
while attending any high school, college, or vocational or
other educational institution accredited, licensed, or approved
by the state, in which it is located, including the summer
vacation months and all other normal and regular vacation
periods at the particular educational institution after which
the child returns to school.
(8) "Member" means any fire fighter, law enforcement
officer, or other person as would apply under subsections (3)
or (4) of this section whose membership is transferred to the
Washington law enforcement officers’ and fire fighters’
retirement system on or after March 1, 1970, and every law
enforcement officer and fire fighter who is employed in that
capacity on or after such date.
(9) "Retirement fund" means the "Washington law
enforcement officers’ and fire fighters’ retirement system
fund" as provided for herein.
(10) "Employee" means any law enforcement officer or
fire fighter as defined in subsections (3) and (4) of this
section.
(11)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, disability
allowance, death benefit, or any other benefit described
herein.
(b) "Beneficiary" for plan 2 members, means any person
in receipt of a retirement allowance or other benefit provided
by this chapter resulting from service rendered to an employer by another person.
(12)(a) "Final average salary" for plan 1 members,
means (i) for a member holding the same position or rank
for a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or
rank at time of retirement; (ii) for any other member,
including a civil service member who has not served a
minimum of twelve months in the same position or rank
[Title 41 RCW—page 113]
41.26.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
preceding the date of retirement, the average of the greatest
basic salaries payable to such member during any consecutive twenty-four month period within such member’s last ten
years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such
member during the selected twenty-four month period by
twenty-four; (iii) in the case of disability of any member, the
basic salary payable to such member at the time of disability
retirement; (iv) in the case of a member who hereafter vests
pursuant to RCW 41.26.090, the basic salary payable to such
member at the time of vesting.
(b) "Final average salary" for plan 2 members, means
the monthly average of the member’s basic salary for the
highest consecutive sixty service credit months of service
prior to such member’s retirement, termination, or death.
Periods constituting authorized unpaid leaves of absence may
not be used in the calculation of final average salary.
(13)(a) "Basic salary" for plan 1 members, means the
basic monthly rate of salary or wages, including longevity
pay but not including overtime earnings or special salary or
wages, upon which pension or retirement benefits will be
computed and upon which employer contributions and salary
deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries
or wages earned by a member during a payroll period for
personal services, including overtime payments, and shall
include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the
United States Internal Revenue Code, but shall exclude lump
sum payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or
any form of severance pay. In any year in which a member
serves in the legislature the member shall have the option of
having such member’s basic salary be the greater of:
(i) The basic salary the member would have received
had such member not served in the legislature; or
(ii) Such member’s actual basic salary received for
nonlegislative public employment and legislative service
combined. Any additional contributions to the retirement
system required because basic salary under (b)(i) of this
subsection is greater than basic salary under (b)(ii) of this
subsection shall be paid by the member for both member and
employer contributions.
(14)(a) "Service" for plan 1 members, means all periods
of employment for an employer as a fire fighter or law
enforcement officer, for which compensation is paid,
together with periods of suspension not exceeding thirty days
in duration. For the purposes of this chapter service shall
also include service in the armed forces of the United States
as provided in RCW 41.26.190. Credit shall be allowed for
all service credit months of service rendered by a member
from and after the member’s initial commencement of
employment as a fire fighter or law enforcement officer,
during which the member worked for seventy or more hours,
or was on disability leave or disability retirement. Only
service credit months of service shall be counted in the
computation of any retirement allowance or other benefit
provided for in this chapter.
(i) For members retiring after May 21, 1971 who were
employed under the coverage of a prior pension act before
March 1, 1970, "service" shall also include (A) such military
service not exceeding five years as was creditable to the
[Title 41 RCW—page 114]
member as of March 1, 1970, under the member’s particular
prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the
provisions of RCW 41.18.165, 41.20.160 or 41.20.170.
However, in no event shall credit be allowed for any service
rendered prior to March 1, 1970, where the member at the
time of rendition of such service was employed in a position
covered by a prior pension act, unless such service, at the
time credit is claimed therefor, is also creditable under the
provisions of such prior act.
(ii) A member who is employed by two employers at
the same time shall only be credited with service to one such
employer for any month during which the member rendered
such dual service.
(b) "Service" for plan 2 members, means periods of
employment by a member for one or more employers for
which basic salary is earned for ninety or more hours per
calendar month which shall constitute a service credit month.
Periods of employment by a member for one or more
employers for which basic salary is earned for at least
seventy hours but less than ninety hours per calendar month
shall constitute one-half service credit month. Periods of
employment by a member for one or more employers for
which basic salary is earned for less than seventy hours shall
constitute a one-quarter service credit month.
Members of the retirement system who are elected or
appointed to a state elective position may elect to continue
to be members of this retirement system.
Service credit years of service shall be determined by
dividing the total number of service credit months of service
by twelve. Any fraction of a service credit year of service
as so determined shall be taken into account in the computation of such retirement allowance or benefits.
If a member receives basic salary from two or more
employers during any calendar month, the individual shall
receive one service credit month’s service credit during any
calendar month in which multiple service for ninety or more
hours is rendered; or one-half service credit month’s service
credit during any calendar month in which multiple service
for at least seventy hours but less than ninety hours is
rendered; or one-quarter service credit month during any
calendar month in which multiple service for less than
seventy hours is rendered.
(15) "Accumulated contributions" means the employee’s
contributions made by a member, including any amount paid
under RCW 41.50.165(2), plus accrued interest credited
thereon.
(16) "Actuarial reserve" means a method of financing a
pension or retirement plan wherein reserves are accumulated
as the liabilities for benefit payments are incurred in order
that sufficient funds will be available on the date of retirement of each member to pay the member’s future benefits
during the period of retirement.
(17) "Actuarial valuation" means a mathematical
determination of the financial condition of a retirement plan.
It includes the computation of the present monetary value of
benefits payable to present members, and the present
monetary value of future employer and employee contributions, giving effect to mortality among active and retired
members and also to the rates of disability, retirement, withdrawal from service, salary and interest earned on investments.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
(18) "Disability board" for plan 1 members means either
the county disability board or the city disability board
established in RCW 41.26.110.
(19) "Disability leave" means the period of six months
or any portion thereof during which a member is on leave at
an allowance equal to the member’s full salary prior to the
commencement of disability retirement. The definition
contained in this subsection shall apply only to plan 1
members.
(20) "Disability retirement" for plan 1 members, means
the period following termination of a member’s disability
leave, during which the member is in receipt of a disability
retirement allowance.
(21) "Position" means the employment held at any
particular time, which may or may not be the same as civil
service rank.
(22) "Medical services" for plan 1 members, shall
include the following as minimum services to be provided.
Reasonable charges for these services shall be paid in
accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by
a hospital, in its own behalf, for
(i) Board and room not to exceed semiprivate room rate
unless private room is required by the attending physician
due to the condition of the patient.
(ii) Necessary hospital services, other than board and
room, furnished by the hospital.
(b) Other medical expenses: The following charges are
considered "other medical expenses", provided that they have
not been considered as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions of chapter 18.71 RCW;
(B) An osteopathic physician and surgeon licensed
under the provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of
chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse other
than a nurse who ordinarily resides in the member’s home,
or is a member of the family of either the member or the
member’s spouse.
(iii) The charges for the following medical services and
supplies:
(A) Drugs and medicines upon a physician’s prescription;
(B) Diagnostic x-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and
surgical equipment;
(F) Artificial limbs and eyes, and casts, splints, and
trusses;
(G) Professional ambulance service when used to
transport the member to or from a hospital when injured by
an accident or stricken by a disease;
(H) Dental charges incurred by a member who sustains
an accidental injury to his or her teeth and who commences
treatment by a legally licensed dentist within ninety days
after the accident;
(I) Nursing home confinement or hospital extended care
facility;
(J) Physical therapy by a registered physical therapist;
(2002 Ed.)
41.26.030
(K) Blood transfusions, including the cost of blood and
blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of
chapter 18.53 RCW.
(23) "Regular interest" means such rate as the director
may determine.
(24) "Retiree" for persons who establish membership in
the retirement system on or after October 1, 1977, means
any member in receipt of a retirement allowance or other
benefit provided by this chapter resulting from service
rendered to an employer by such member.
(25) "Director" means the director of the department.
(26) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "Plan 1" means the law enforcement officers’ and
fire fighters’ retirement system, plan 1 providing the benefits
and funding provisions covering persons who first became
members of the system prior to October 1, 1977.
(29) "Plan 2" means the law enforcement officers’ and
fire fighters’ retirement system, plan 2 providing the benefits
and funding provisions covering persons who first became
members of the system on and after October 1, 1977.
(30) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(31) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(32) "General authority law enforcement agency" means
any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government
of this state, and any agency, department, or division of state
government, having as its primary function the detection and
apprehension of persons committing infractions or violating
the traffic or criminal laws in general, but not including the
Washington state patrol or the department of fish and
wildlife. Such an agency, department, or division is distinguished from a limited authority law enforcement agency
having as one of its functions the apprehension or detection
of persons committing infractions or violating the traffic or
criminal laws relating to limited subject areas, including but
not limited to, the state departments of natural resources and
social and health services, the state gambling commission,
the state lottery commission, the state parks and recreation
commission, the state utilities and transportation commission,
the state liquor control board, and the state department of
corrections. [2002 c 128 § 3. Prior: 1996 c 178 § 11; 1996
c 38 § 2; prior: 1994 c 264 § 14; 1994 c 197 § 5; prior:
1993 c 502 § 1; 1993 c 322 § 1; 1991 sp.s. c 12 § 1; prior:
(1991 sp.s. c 11 § 3 repealed by 1991 sp.s. c 12 § 3); 1991
c 365 § 35; 1991 c 343 § 14; 1991 c 35 § 13; 1987 c 418 §
1; 1985 c 13 § 5; 1984 c 230 § 83; 1981 c 256 § 4; 1979
ex.s. c 249 § 2; 1977 ex.s. c 294 § 17; 1974 ex.s. c 120 § 1;
1972 ex.s. c 131 § 1; 1971 ex.s. c 257 § 6; 1970 ex.s. c 6 §
1; 1969 ex.s. c 209 § 3.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
[Title 41 RCW—page 115]
41.26.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—1993 c 502: "This act shall take effect January 1,
1994." [1993 c 502 § 6.]
Application—1993 c 322 § 1: "Section 1 of this act shall apply
retroactively to January 1, 1993." [1993 c 322 § 2.]
Effective date—1993 c 322: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 12, 1993]." [1993 c 322 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Purpose—1981 c 256: "It is the primary purpose of this act to assure
that the provisions of RCW 41.04.250 and 41.04.260 and of any deferred
compensation plan established thereunder, are in conformity with the
requirements of 26 U.S.C. Sec. 457 and any other requirements of federal
law relating to such a deferred compensation plan. This act shall be
construed in such a manner as to accomplish this purpose." [1981 c 256 §
1.]
Severability—1981 c 256: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 256 § 7.]
Severability—1974 ex.s. c 120: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 120 § 15.]
Severability—1972 ex.s. c 131: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1972 ex.s. c 131 § 12.]
Purpose—1971 ex.s. c 257: "It is the purpose of this act to provide
minimum medical and health standards for membership coverage into the
Washington law enforcement officers’ and fire fighters’ retirement system
act, for the improvement of the public service, and to safeguard the integrity
and actuarial soundness of their pension systems, and to improve their
retirement and pension systems and related provisions." [1971 ex.s. c 257
§ 1.]
Severability—1971 ex.s. c 257: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 257 § 22.]
41.26.035 "Minimum medical and health standards" defined. The term "minimum medical and health
standards" means minimum medical and health standards
adopted by the department under this chapter. [1991 c 35 §
14; 1971 ex.s. c 257 § 2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.040 System created—Membership—Funds.
The Washington law enforcement officers’ and fire fighters’
retirement system is hereby created for fire fighters and law
enforcement officers.
(1) Notwithstanding RCW 41.26.030(8), all fire fighters
and law enforcement officers employed as such on or after
March 1, 1970, on a full time fully compensated basis in this
state shall be members of the retirement system established
by this chapter with respect to all periods of service as such,
to the exclusion of any pension system existing under any
prior act.
(2) Any employee serving as a law enforcement officer
or fire fighter on March 1, 1970, who is then making
[Title 41 RCW—page 116]
retirement contributions under any prior act shall have his
membership transferred to the system established by this
chapter as of such date. Upon retirement for service or for
disability, or death, of any such employee, his retirement
benefits earned under this chapter shall be computed and
paid. In addition, his benefits under the prior retirement act
to which he was making contributions at the time of this
transfer shall be computed as if he had not transferred. For
the purpose of such computations, the employee’s creditability of service and eligibility for service or disability retirement and survivor and all other benefits shall continue to be
as provided in such prior retirement act, as if transfer of
membership had not occurred. The excess, if any, of the
benefits so computed, giving full value to survivor benefits,
over the benefits payable under this chapter shall be paid
whether or not the employee has made application under the
prior act. If the employee’s prior retirement system was the
Washington public employees’ retirement system, payment
of such excess shall be made by that system; if the
employee’s prior retirement system was the statewide city
employees’ retirement system, payment of such excess shall
be made by the employer which was the member’s employer
when his transfer of membership occurred: PROVIDED,
That any death in line of duty lump sum benefit payment
shall continue to be the obligation of that system as provided
in RCW 41.44.210; in the case of all other prior retirement
systems, payment of such excess shall be made by the
employer which was the member’s employer when his
transfer of membership occurred.
(3) All funds held by any firemen’s or policemen’s
relief and pension fund shall remain in that fund for the
purpose of paying the obligations of the fund. The municipality shall continue to levy the dollar rate as provided
in RCW 41.16.060, and this dollar rate shall be used for the
purpose of paying the benefits provided in chapters 41.16
and 41.18 RCW. The obligations of chapter 41.20 RCW
shall continue to be paid from whatever financial sources the
city has been using for this purpose. [1991 c 35 § 15; 1989
c 273 § 11; 1979 ex.s. c 45 § 1; 1974 ex.s. c 120 § 7; 1973
1st ex.s. c 195 § 44; 1970 ex.s. c 6 § 2; 1969 ex.s. c 209 §
4.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
Effective date—1979 ex.s. c 45: "This amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1979." [1979 ex.s. c 45 § 8.]
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
41.26.045 Minimum medical and health standards.
(1) Notwithstanding any other provision of law after February 19, 1974 no law enforcement officer or fire fighter, may
become eligible for coverage in the pension system established by this chapter, until the individual has met and has
been certified as having met minimum medical and health
standards: PROVIDED, That an elected sheriff or an
appointed chief of police or fire chief, shall not be required
to meet the age standard: PROVIDED FURTHER, That in
cities and towns having not more than two law enforcement
officers and/or not more than two fire fighters and if one or
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
more of such persons do not meet the minimum medical and
health standards as required by the provisions of this chapter,
then such person or persons may join any other pension
system that the city has available for its other employees:
AND PROVIDED FURTHER, That for one year after
February 19, 1974 any such medical or health standard now
existing or hereinafter adopted, insofar as it establishes a
maximum age beyond which an applicant is to be deemed
ineligible for coverage, shall be waived as to any applicant
for employment or reemployment who is otherwise eligible
except for his age, who has been a member of any one or
more of the retirement systems created by chapter 41.20 of
the Revised Code of Washington and who has restored all
contributions which he has previously withdrawn from any
such system or systems.
(2) This section shall not apply to persons who initially
establish membership in the retirement system on or after
July 1, 1979. [1979 ex.s. c 249 § 3; 1977 ex.s. c 294 § 20;
1974 ex.s. c 120 § 8; 1971 ex.s. c 257 § 3.]
Reviser’s note: "this 1971 act" [1971 ex.s. c 257] translated to "this
chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.046 Minimum medical and health standards—Board to adopt—Publication and distribution—
Employer certification procedures. By July 31, 1971, the
*retirement board shall adopt minimum medical and health
standards for membership coverage into the Washington law
enforcement officers’ and fire fighters’ retirement system act.
In adopting such standards the *retirement board shall
consider existing standards recommended by the international
association of chiefs of police and the international association of fire fighters, and shall adopt equal or higher standards, together with appropriate standards and procedures to
insure uniform compliance with this chapter. The standards
when adopted shall be published and distributed to each
employer, and each employer shall adopt certification
procedures and such other procedures as are required to
insure that no law enforcement officer or fire fighter receives
membership coverage unless and until he has actually met
minimum medical and health standards: PROVIDED, That
an elected sheriff or an appointed chief of police, fire chief,
or director of public safety shall not be required to meet the
age standard. The *retirement board may amend the
minimum medical and health standards as experience
indicates, even if the standards as so amended are lower or
less rigid than those recommended by the international
associations mentioned above. The cost of the medical
examination contemplated by this section is to be paid by the
employer. [1987 c 418 § 2; 1977 ex.s. c 294 § 21; 1974
ex.s. c 120 § 12; 1972 ex.s. c 131 § 2; 1971 ex.s. c 257 §
4.]
Reviser’s note: (1) "this 1971 act" [1971 ex.s. c 257] translated to
"this chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
(2002 Ed.)
41.26.045
*(2) Powers, duties, and functions of the Washington law enforcement
officers’ and fire fighters’ retirement board were transferred to the director
of retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.047 Minimum medical and health standards—Exemptions—Employer may adopt higher standards. Nothing in RCW 41.26.035, 41.26.045 and
41.26.046 shall apply to any fire fighters or law enforcement
officers who are employed as such on or before August 1,
1971, as long as they continue in such employment; nor to
promotional appointments after becoming a member in the
police or fire department of any employer nor to the reemployment of a law enforcement officer or fire fighter by the
same or a different employer within six months after the
termination of his employment, nor to the reinstatement of
a law enforcement officer or fire fighter who has been on
military or disability leave, disability retirement status, or
leave of absence status. Nothing in this chapter shall be
deemed to prevent any employer from adopting higher
medical and health standards than those which are adopted
by the *retirement board. [1972 ex.s. c 131 § 3; 1971 ex.s.
c 257 § 5.]
Reviser’s note: (1) "this act" [1971 ex.s. c 257] translated to "this
chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
*(2) Powers, duties, and functions of the Washington law enforcement
officers’ and fire fighters’ retirement board were transferred to the director
of retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.048 Special death benefit—Death in the
course of employment. (1) A one hundred fifty thousand
dollar death benefit shall be paid to the member’s estate, or
such person or persons, trust or organization as the member
shall have nominated by written designation duly executed
and filed with the department. If there be no such designated person or persons still living at the time of the member’s
death, such member’s death benefit shall be paid to the
member’s surviving spouse as if in fact such spouse had
been nominated by written designation, or if there be no
such surviving spouse, then to such member’s legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [1996 c 226 § 1.]
Effective date—1996 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1996]." [1996 c 226 § 4.]
[Title 41 RCW—page 117]
41.26.053
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.26.053 Exemption from judicial process, taxes—
Exceptions—Deduction for insurance upon request. (1)
Subject to subsections (2) and (3) of this section, the right of
a person to a retirement allowance, disability allowance, or
death benefit, to the return of accumulated contributions, the
retirement, disability or death allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter, are hereby exempt from any
state, county, municipal, or other local tax and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or any other process of
law whatsoever, and shall be unassignable.
(2) On the written request of any person eligible to
receive benefits under this section, the department may
deduct from such payments the premiums for life, health, or
other insurance. The request on behalf of any child or
children shall be made by the legal guardian of such child or
children. The department may provide for such persons one
or more plans of group insurance, through contracts with
regularly constituted insurance carriers or health care service
contractors.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant
to chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay
benefits directly to an obligee under a dissolution order as
defined in RCW 41.50.500(3) which fully complies with
RCW 41.50.670 and 41.50.700, or (f) any administrative or
court order expressly authorized by federal law. [1991 c 365
§ 20; 1991 c 35 § 25; 1989 c 360 § 24; 1987 c 326 § 22;
1979 ex.s. c 205 § 4; 1971 ex.s. c 257 § 12; 1970 ex.s. c 6
§ 15; 1969 ex.s. c 209 § 23. Formerly RCW 41.26.180.]
Reviser’s note: This section was amended by 1991 c 35 § 25 and by
1991 c 365 § 20, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1987 c 326: See RCW 41.50.901.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.056 No bond required on appeal to court. No
bond of any kind shall be required of a claimant appealing
to the superior court, the court of appeals, or the supreme
court from a decision of the director affecting such
claimant’s right to retirement or disability benefits. [1984 c
184 § 18; 1971 c 81 § 103; 1969 ex.s. c 209 § 21. Formerly
RCW 41.26.230.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.26.057 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits
imposed by section 401(a)(17) of the federal internal revenue
code for qualified trusts.
[Title 41 RCW—page 118]
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 1.]
41.26.059 Establishing, restoring service credit.
Notwithstanding any provision to the contrary, persons who
fail to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited
membership service represented by withdrawn contributions;
or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 1.]
41.26.061 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.26.120, 41.26.125, 41.26.130, or 41.26.470
if the disability is the result of criminal conduct by the
member committed after April 21, 1997. [1997 c 103 § 1.]
Severability—1997 c 103: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 103 § 4.]
Effective date—1997 c 103: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 103 § 5.]
41.26.062 Falsification—Penalty. Any employer,
member or beneficiary who shall knowingly make false
statements or shall falsify or permit to be falsified any record
or records of the retirement system in an attempt to defraud
the retirement system, shall be guilty of a felony. [1972
ex.s. c 131 § 10. Formerly RCW 41.26.300.]
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
"PLAN 1"
41.26.075 Provisions applicable to plan 1. RCW
41.26.080 through 41.26.3903 shall apply only to members
of plan 1. [1992 c 72 § 3; 1991 c 35 § 101.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.080 Funding total liability of plan 1 system.
(1) Except as set forth under subsection (2) of this section,
the total liability of the plan 1 system shall be funded as
follows:
(a) Every plan 1 member shall have deducted from each
payroll a sum equal to six percent of his or her basic salary
for each pay period.
(b) Every employer shall contribute monthly a sum
equal to six percent of the basic salary of each plan 1
employee who is a member of this retirement system. The
employer shall transmit the employee and employer contributions with a copy of the payroll to the retirement system
monthly.
(c) The remaining liabilities of the plan 1 system shall
be funded as provided in chapter 41.45 RCW.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
(d) Every member shall be deemed to consent and agree
to the contribution made and provided for herein, and shall
receipt in full for his or her salary or compensation.
Payment less said contributions shall be a complete discharge of all claims and demands whatsoever for the services
rendered by such person during the period covered by such
payments, except his or her claim to the benefits to which he
or she may be entitled under the provisions of this chapter.
(2) No employer or member contribution is required
after June 30, 2000, unless the most recent valuation study
for law enforcement officers’ and fire fighters’ retirement
system plan 1 indicates the plan has unfunded liabilities.
[2000 2nd sp.s. c 1 § 907; 1991 c 35 § 17; 1989 c 273 § 13;
1969 ex.s. c 209 § 8.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes
following RCW 41.05.143.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
41.26.090 Retirement for service. Retirement of a
member for service shall be made by the department as
follows:
(1) Any member having five or more service credit
years of service and having attained the age of fifty years
shall be eligible for a service retirement allowance and shall
be retired upon the member’s written request effective the
first day following the date upon which the member is
separated from service.
(2) Any member having five or more service credit
years of service, who terminates his or her employment with
any employer, may leave his or her contributions in the fund.
Any employee who so elects, upon attaining age fifty, shall
be eligible to apply for and receive a service retirement
allowance based on his or her years of service, commencing
on the first day following his or her attainment of age fifty.
(3) Any member selecting optional vesting under
subsection (2) of this section with less than twenty service
credit years of service shall not be covered by the provisions
of RCW 41.26.150, and the member’s survivors shall not be
entitled to the benefits of RCW 41.26.160 unless his or her
death occurs after he or she has attained the age of fifty
years. Those members selecting this optional vesting with
twenty or more years service shall not be covered by the
provisions of RCW 41.26.150 until the attainment of the age
of fifty years. A member selecting this optional vesting,
with less than twenty service credit years of service credit,
who dies prior to attaining the age of fifty years, shall have
paid from the Washington law enforcement officers’ and fire
fighters’ retirement fund, to such member’s surviving spouse,
if any, otherwise to such beneficiary as the member shall
have designated in writing, or if no such designation has
been made, to the personal representative of his or her estate,
a lump sum which is equal to the amount of such member’s
accumulated contributions plus accrued interest. If the
vested member has twenty or more service credit years of
service credit the surviving spouse or children shall then become eligible for the benefits of RCW 41.26.160 regardless
of the member’s age at the time of his or her death, to the
exclusion of the lump sum amount provided by this subsection.
(2002 Ed.)
41.26.080
(4) Any member who has attained the age of sixty years
shall be retired on the first day of the calendar month next
succeeding that in which said member shall have attained the
age of sixty and may not thereafter be employed as a law
enforcement officer or fire fighter: PROVIDED, That for
any member who is elected or appointed to the office of
sheriff, chief of police, or fire chief, his or her election or
appointment shall be considered as a waiver of the age sixty
provision for retirement and nonemployment for whatever
number of years remain in his or her present term of office
and any succeeding periods for which he or she may be so
elected or appointed. The provisions of this subsection shall
not apply to any member who is employed as a law enforcement officer or fire fighter on March 1, 1970. [1991 sp.s. c
11 § 4. Prior: 1991 c 343 § 15; 1991 c 35 § 18; 1977 ex.s.
c 294 § 22; 1972 ex.s. c 131 § 6; 1971 ex.s. c 257 § 8; 1970
ex.s. c 6 § 4; 1969 ex.s. c 209 § 9.]
Purpose—1991 sp.s. c 11: "The purpose of this act is to correct
certain double amendments created during the 1991 regular session that the
code reviser’s office is unable to merge under RCW 1.12.025. The session
laws repealed by section 2 of this act are strictly technical in nature and
affect no policy. Sections *3 through 6 of this act are being reenacted to
effectuate a legislative directive contained in 1991 c 35 s 2." [1991 sp.s. c
11 § 1.]
*Reviser’s note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12
§ 3.
Effective dates—1991 sp.s. c 11: "(1) Sections *3 through 5 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and shall take effect September 1, 1991.
(2) Sections 1, 2, and 6 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately." [1991 sp.s. c 11 § 7.]
*Reviser’s note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12
§ 3.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.100 Allowance on retirement for service. A
member upon retirement for service shall receive a monthly
retirement allowance computed according to his or her
completed creditable service credit years of service as
follows: Five years but under ten years, one-twelfth of one
percent of his or her final average salary for each month of
service; ten years but under twenty years, one-twelfth of one
and one-half percent of his or her final average salary for
each month of service; and twenty years and over onetwelfth of two percent of his or her final average salary for
each month of service: PROVIDED, That the recipient of
a retirement allowance who shall return to service as a law
enforcement officer or fire fighter shall be considered to
have terminated his or her retirement status and he or she
shall immediately become a member of the retirement
system with the status of membership he or she had as of the
date of retirement. Retirement benefits shall be suspended
during the period of his or her return to service and he or
she shall make contributions and receive service credit.
Such a member shall have the right to again retire at any
time and his or her retirement allowance shall be
[Title 41 RCW—page 119]
41.26.100
Title 41 RCW: Public Employment, Civil Service, and Pensions
recomputed, and paid, based upon additional service rendered and any change in final average salary: PROVIDED
FURTHER, That no retirement allowance paid pursuant to
this section shall exceed sixty percent of final average salary,
except as such allowance may be increased by virtue of
RCW 41.26.240, as now or hereafter amended. [1991 c 343
§ 16; 1974 ex.s. c 120 § 3; 1972 ex.s. c 131 § 7; 1971 ex.s.
c 257 § 9; 1970 ex.s. c 6 § 5; 1969 ex.s. c 209 § 10.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.110 City and county disability boards authorized—Composition—Terms—Reimbursement for travel
expenses—Duties. (1) All claims for disability shall be
acted upon and either approved or disapproved by either type
of disability board hereafter authorized to be created.
(a) Each city having a population of twenty thousand or
more shall establish a disability board having jurisdiction
over all members employed by said cities and composed of
the following five members: Two members of the city
legislative body to be appointed by the mayor, one active or
retired fire fighter to be elected by the fire fighters employed
by or retired from the city, one active or retired law enforcement officer to be elected by the law enforcement officers
employed by or retired from the city and one member from
the public at large who resides within the city to be appointed by the other four members heretofore designated in this
subsection. Retired members who are subject to the jurisdiction of the board have both the right to elect and the right to
be elected under this section. Each of the elected members
shall serve a two year term. The members appointed
pursuant to this subsection shall serve for two year terms:
PROVIDED, That cities of the first class only, shall retain
existing firemen’s pension boards established pursuant to
RCW 41.16.020 and existing boards of trustees of the relief
and pension fund of the police department as established
pursuant to RCW 41.20.010 which such boards shall have
authority to act upon and approve or disapprove claims for
disability by fire fighters or law enforcement officers as
provided under the Washington law enforcement officers’
and fire fighters’ retirement system act.
(b) Each county shall establish a disability board having
jurisdiction over all members residing in the county and not
employed by a city in which a disability board is established.
The county disability board so created shall be composed of
five members to be chosen as follows: One member of the
legislative body of the county to be appointed by the county
legislative body, one member of a city or town legislative
body located within the county which does not contain a city
disability board established pursuant to subsection (1)(a) of
this section to be chosen by a majority of the mayors of such
cities and towns within the county which does not contain a
city disability board, one fire fighter or retired fire fighter to
be elected by the fire fighters employed or retired in the
county who are not employed by or retired from a city in
which a disability board is established, one law enforcement
officer or retired law enforcement officer to be elected by
the law enforcement officers employed in or retired from the
[Title 41 RCW—page 120]
county who are not employed by or retired from a city in
which a disability board is established, and one member
from the public at large who resides within the county but
does not reside within a city in which a city disability board
is established, to be appointed by the other four members
heretofore designated in this subsection. However, in
counties with a population less than sixty thousand, the
member of the disability board appointed by a majority of
the mayors of the cities and towns within the county that do
not contain a city disability board must be a resident of one
of the cities and towns but need not be a member of a city
or town legislative body. Retired members who are subject
to the jurisdiction of the board have both the right to elect
and the right to be elected under this section. All members
appointed or elected pursuant to this subsection shall serve
for two year terms.
(2) The members of both the county and city disability
boards shall not receive compensation for their service upon
the boards but said members shall be reimbursed by their
respective county or city for all expenses incidental to such
service as to the amount authorized by law.
(3) The disability boards authorized for establishment by
this section shall perform all functions, exercise all powers,
and make all such determinations as specified in this chapter.
[2000 c 234 § 1; 1988 c 164 § 1; 1982 c 12 § 1; 1974 ex.s.
c 120 § 9; 1970 ex.s. c 6 § 6; 1969 ex.s. c 219 § 3; 1969
ex.s. c 209 § 11.]
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.115 Director of retirement systems to adopt
rules governing disability boards—Remand of orders not
in accordance with rules. (1) The director of retirement
systems shall adopt rules, in accordance with chapter 34.05
RCW, under which each disability board shall execute its
disability retirement duties under this chapter. The rules
shall include, but not be limited to, the following:
(a) Standards governing the type and manner of presentation of medical, employability, and other evidence before
disability boards; and
(b) Standards governing the necessity and frequency of
medical and employability reexaminations of persons
receiving disability benefits.
(2) If the director determines that an order or determination of a disability board was not processed in accordance
with the rules established under this section, the director may
remand the order or determination for further proceedings
consistent with the rules. [1981 c 294 § 1.]
Severability—1981 c 294: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 294 § 16.]
41.26.120 Retirement for disability incurred in the
line of duty. Any member, regardless of age or years of
service may be retired by the disability board, subject to
approval by the director as hereinafter provided, for any
disability incurred in the line of duty which has been
continuous since his or her discontinuance of service and
which renders the member unable to continue service. No
disability retirement allowance shall be paid until the
expiration of a period of six months after the discontinuance
of service during which period the member, if found to be
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
physically or mentally unfit for duty by the disability board
following receipt of his or her application for disability
retirement, shall be granted a disability leave by the disability board and shall receive an allowance equal to the full
monthly salary and shall continue to receive all other benefits provided to active employees from the employer for such
period. However, if, at any time during the initial six-month
period, the disability board finds the beneficiary is no longer
disabled, the disability leave allowance shall be canceled and
the member shall be restored to duty in the same rank or
position, if any, held by the beneficiary at the time the
member became disabled. Applications for disability
retirement shall be processed in accordance with the following procedures:
(1) Any member who believes he or she is or is
believed to be physically or mentally disabled shall be
examined by such medical authority as the disability board
shall employ, upon application of said member, or a person
acting in his or her behalf, stating that said member is
disabled, either physically or mentally: PROVIDED, That
no such application shall be considered unless said member
or someone in his or her behalf, in case of the incapacity of
a member, shall have filed the application within a period of
one year from and after the discontinuance of service of said
member.
(2) If the examination shows, to the satisfaction of the
disability board, that the member is physically or mentally
disabled from the further performance of duty, that such
disability was incurred in the line of duty, and that such disability has been continuous from the discontinuance of
service, the disability board shall enter its written decision
and order, accompanied by appropriate findings of fact and
by conclusions evidencing compliance with this chapter as
now or hereafter amended, granting the member a disability
retirement allowance; otherwise, if the member is not found
by the disability board to be so disabled, the application shall
be denied pursuant to a similar written decision and order,
subject to appeal to the director in accordance with RCW
41.26.200: PROVIDED, That in any order granting a duty
disability retirement allowance, the disability board shall
make a finding that the disability was incurred in line of
duty.
(3) Every order of a disability board granting a duty
disability retirement allowance shall forthwith be reviewed
by the director except the finding that the disability was
incurred in the line of duty. The director may affirm the
decision of the disability board or remand the case for
further proceedings, or the director may reverse the decision
of the disability board if the director finds the disability
board’s findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as
submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(4) Every member who can establish, to the disability
board, that he or she is physically or mentally disabled from
the further performance of duty, that such disability was
incurred in the line of duty, and that such disability will be
(2002 Ed.)
41.26.120
in existence for a period of at least six months may waive
the six-month period of disability leave and be immediately
granted a duty disability retirement allowance, subject to the
approval of the director as provided in subsection (3) of this
section. [1991 c 35 § 19; 1986 c 176 § 5; 1985 c 102 § 2;
1981 c 294 § 2; 1974 ex.s. c 120 § 10; 1972 ex.s. c 131 §
8; 1970 ex.s. c 6 § 7; 1969 ex.s. c 209 § 12.]
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—1985 c 102: "As expressed in RCW 41.26.270, the intent
of the legislature in enacting the law enforcement officers’ and fire fighters’
retirement system was to provide in RCW 41.26.120 a statute in the nature
of a workers’ compensation act which provides compensation to employees
for personal injuries or sickness incurred in the course of employment. The
sole purpose of this 1985 act is to clarify that intent." [1985 c 102 § 1.]
Retrospective application—1985 c 102: "The provisions of this
1985 act apply retrospectively to all disability leave and disability retirement
allowances granted under chapter 41.26 RCW on or after March 1, 1970."
[1985 c 102 § 7.]
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Disability leave supplement for law enforcement officers and fire fighters:
RCW 41.04.500 through 41.04.550.
41.26.125 Retirement for disability not incurred in
the line of duty. Any member, regardless of age or years
of service, may be retired by the disability board, subject to
approval by the director as provided in this section, for any
disability not incurred in the line of duty which has been
continuous since discontinuance of service and which renders
the member unable to continue service. No disability
retirement allowance may be paid until the expiration of a
period of six months after the discontinuance of service
during which period the member, if found to be physically
or mentally unfit for duty by the disability board following
receipt of the member’s application for disability retirement,
shall be granted a disability leave by the disability board and
shall receive an allowance equal to the member’s full
monthly salary and shall continue to receive all other
benefits provided to active employees from the member’s
employer for the period. However, if, at any time during the
initial six-month period, the disability board finds the
beneficiary is no longer disabled, the disability leave
allowance shall be canceled and the member shall be
restored to duty in the same rank or position, if any, held by
the member at the time the member became disabled.
Applications for disability retirement shall be processed in
accordance with the following procedures:
(1) Any member who believes he or she is, or is
believed to be, physically or mentally disabled shall be
examined by such medical authority as the disability board
shall employ, upon application of the member, or a person
acting in the member’s behalf, stating that the member is
disabled, either physically or mentally: PROVIDED, That
no such application shall be considered unless the member
or someone acting in the member’s behalf, in case of the
incapacity of a member, has filed the application within a
period of one year from and after the discontinuance of
service of the member.
(2) If the examination shows, to the satisfaction of the
disability board, that the member is physically or mentally
disabled from the further performance of duty, that such
disability was not incurred in the line of duty, and that such
[Title 41 RCW—page 121]
41.26.125
Title 41 RCW: Public Employment, Civil Service, and Pensions
disability had been continuous from the discontinuance of
service, the disability board shall enter its written decision
and order, accompanied by appropriate findings of fact and
by conclusions evidencing compliance with this chapter,
granting the member a disability retirement allowance.
Otherwise, if the member is not found by the disability
board to be so disabled, the application shall be denied
pursuant to a similar written decision and order, subject to
appeal to the director in accordance with RCW 41.26.200:
PROVIDED, That in any order granting a nonduty disability
retirement allowance, the disability board shall make a finding that the disability was not incurred in the line of duty.
(3) Every order of a disability board granting a nonduty
disability retirement allowance shall forthwith be reviewed
by the director except the finding that the disability was not
incurred in the line of duty. The director may affirm the
decision of the disability board or remand the case for
further proceedings, or the director may reverse the decision
of the disability board if the director finds the disability
board’s findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as
submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(4) Every member who can establish to the disability
board that the member is physically or mentally disabled
from the further performance of duty, that such disability
was not incurred in the line of duty, and that such disability
will be in existence for a period of at least six months, may
waive the six-month period of disability leave and be
immediately granted a nonduty disability retirement allowance, subject to the approval of the director as provided in
subsection (3) of this section. [1986 c 176 § 6; 1985 c 102
§ 3.]
Purpose—Retrospective application—1985 c 102: See notes
following RCW 41.26.120.
41.26.130 Allowance on retirement for disability.
(1) Upon retirement for disability a member shall be entitled
to receive a monthly retirement allowance computed as
follows: (a) A basic amount of fifty percent of final average
salary at time of disability retirement, and (b) an additional
five percent of final average salary for each child as defined
in RCW 41.26.030(7), (c) the combined total of (a) and (b)
of this subsection shall not exceed a maximum of sixty
percent of final average salary.
(2) A disabled member shall begin receiving the
disability retirement allowance as of the expiration of his or
her six month period of disability leave or, if his or her
application was filed after the sixth month of discontinuance
of service but prior to the one year time limit, the member’s
disability retirement allowance shall be retroactive to the end
of the sixth month.
(3) Benefits under this section will be payable until the
member recovers from the disability or dies. If at the time
that the disability ceases the member is over the age of fifty,
he or she shall then receive either disability retirement
[Title 41 RCW—page 122]
allowance or retirement for service allowance, whichever is
greater.
(4) Benefits under this section for a disability that is
incurred while in other employment will be reduced by any
amount the member receives or is entitled to receive from
workers’ compensation, social security, group insurance,
other pension plan, or any other similar source provided by
another employer on account of the same disability.
(5) A member retired for disability shall be subject to
periodic examinations by a physician approved by the
disability board prior to attainment of age fifty, pursuant to
rules adopted by the director under RCW 41.26.115.
Examinations of members who retired for disability prior to
July 26, 1981, shall not exceed two medical examinations
per year. [1991 c 35 § 20; 1987 c 185 § 11; 1981 c 294 §
3; 1970 ex.s. c 6 § 8; 1969 ex.s. c 209 § 13.]
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1981 c 294: See note following RCW 41.26.115.
41.26.135 Cessation of disability—Determination.
(1) A disabled member who believes that his or her disability has ceased in accordance with RCW 41.26.130(3) may
make application to the disability board which originally
found the member to be disabled, for a determination that
the disability has ceased.
(2) Every order of a disability board determining that a
member’s disability has ceased pursuant to RCW
41.26.130(3) shall forthwith be reviewed by the director.
The director may affirm the decision of the disability board
or remand the case for further proceedings if the director
finds the disability board’s findings, inferences, conclusions,
or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as
submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(3) Determinations of whether a disability has ceased
under RCW 41.26.130(3) and this section shall be made in
accordance with the same procedures and standards governing other cancellations of disability retirement. [1985 c 103
§ 1.]
41.26.140 Reexaminations of disability beneficiaries—Reentry—Appeal. (1) Upon the basis of reexaminations of members on disability retirement as provided in
RCW 41.26.130, the disability board shall determine whether
such disability beneficiary is still unable to perform his or
her duties either physically or mentally for service in the
department where he or she was employed.
(2) If the disability board shall determine that the
beneficiary is not so incapacitated the retirement allowance
shall be canceled and the member shall be restored to duty
in the same civil service rank, if any, held by the beneficiary
at the time of his or her retirement or if unable to perform
the duties of said rank, then, at his or her request, in such
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
other like or lesser rank as may be or become open and
available, the duties of which he or she is then able to
perform. In no event, shall a beneficiary previously drawing
a disability allowance be returned or be restored to duty at
a salary or rate of pay less than the current salary attached
to the rank or position held by the said beneficiary at the
date of retirement for disability. If the disability board
determines that the beneficiary is able to return to service he
or she shall be entitled to notice and a hearing, both the
notice and the hearing shall comply with the requirements of
chapter 34.05 RCW, as now or hereafter amended.
(3) Should a disability beneficiary reenter service and be
eligible for membership in the retirement system, the
retirement allowance shall be canceled and he or she shall
immediately become a member of the retirement system.
(4) Should any disability beneficiary under age fifty
refuse to submit to examination, the retirement allowance
shall be discontinued until withdrawal of such refusal, and
should such refusal continue for one year or more, the retirement allowance shall be canceled.
(5) Should the disability retirement allowance of any
disability beneficiary be canceled for any cause other than
reentrance into service or retirement for service, he or she
shall be paid the excess, if any, of the accumulated contributions at the time of retirement over all payments made on
his or her behalf under this chapter.
(6) Any person feeling aggrieved by an order of a
disability board determining that a beneficiary’s disability
has not ceased, pursuant to RCW 41.26.130(3) has the right
to appeal the order or determination to the director. The
director shall have no jurisdiction to entertain the appeal
unless a notice of appeal is filed with the director within
thirty days following the rendition of the order by the
disability board. A copy of the notice of appeal shall be
served upon the director and the applicable disability board
and, within ninety days thereof, the disability board shall
certify its decision and order which shall include findings of
fact and conclusions of law, together with a transcript of all
proceedings in connection therewith, to the director for
review. Upon review of the record, the director may affirm
the order of the disability board or may remand the case for
further proceedings if the director finds that the disability
board’s findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as
submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious. [1991 c 35 § 21; 1985 c
103 § 2; 1981 c 294 § 4; 1974 ex.s. c 120 § 4; 1970 ex.s. c
6 § 9; 1969 ex.s. c 209 § 14.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.150 Sickness or disability benefits—Medical
services. (1) Whenever any active member, or any member
hereafter retired, on account of service, sickness, or disability, not caused or brought on by dissipation or abuse, of
(2002 Ed.)
41.26.140
which the disability board shall be judge, is confined in any
hospital or in home, and whether or not so confined, requires
medical services, the employer shall pay for the active or
retired member the necessary medical services not payable
from some other source as provided for in subsection (2) of
this section. In the case of active or retired fire fighters the
employer may make the payments provided for in this
section from the firemen’s pension fund established pursuant
to RCW 41.16.050 where the fund had been established prior
to March 1, 1970. If this pension fund is depleted, the
employer shall have the obligation to pay all benefits
payable under chapters 41.16 and 41.18 RCW.
(a) The disability board in all cases may have the active
or retired member suffering from such sickness or disability
examined at any time by a licensed physician or physicians,
to be appointed by the disability board, for the purpose of
ascertaining the nature and extent of the sickness or disability, the physician or physicians to report to the disability
board the result of the examination within three days
thereafter. Any active or retired member who refuses to
submit to such examination or examinations shall forfeit all
rights to benefits under this section for the period of the
refusal.
(b) The disability board shall designate the medical
services available to any sick or disabled member.
(2) The medical services payable under this section will
be reduced by any amount received or eligible to be received
by the member under workers’ compensation, social security
including the changes incorporated under Public Law 89-97,
insurance provided by another employer, other pension plan,
or any other similar source. Failure to apply for coverage if
otherwise eligible under the provisions of Public Law 89-97
shall not be deemed a refusal of payment of benefits thereby
enabling collection of charges under the provisions of this
chapter.
(3) Upon making the payments provided for in subsection (1) of this section, the employer shall be subrogated to
all rights of the member against any third party who may be
held liable for the member’s injuries or for payment of the
cost of medical services in connection with a member’s
sickness or disability to the extent necessary to recover the
amount of payments made by the employer.
(4) Any employer under this chapter, either singly, or
jointly with any other such employer or employers through
an association thereof as provided for in chapter 48.21 RCW,
may provide for all or part of one or more plans of group
hospitalization and medical aid insurance to cover any of its
employees who are members of the Washington law enforcement officers’ and fire fighters’ retirement system, and/or
retired former employees who were, before retirement,
members of the retirement system, through contracts with
regularly constituted insurance carriers, with health maintenance organizations as defined in chapter 48.46 RCW, or
with health care service contractors as defined in chapter
48.44 RCW. Benefits payable under any the [under the]
plan or plans shall be deemed to be amounts received or
eligible to be received by the active or retired member under
subsection (2) of this section.
(5) Any employer under this chapter may, at its discretion, elect to reimburse a retired former employee under this
chapter for premiums the retired former employee has paid
for medical insurance that supplements medicare, including
[Title 41 RCW—page 123]
41.26.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
premiums the retired former employee has paid for medicare
part B coverage. [1992 c 22 § 3; 1991 c 35 § 22; 1987 c
185 § 12; 1983 c 106 § 23; 1974 ex.s. c 120 § 11; 1971
ex.s. c 257 § 10; 1970 ex.s. c 6 § 10; 1969 ex.s. c 219 § 4;
1969 ex.s. c 209 § 15.]
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.160 Death benefits—Duty connected. (1) In
the event of the duty connected death of any member who
is in active service, or who has vested under the provisions
of RCW 41.26.090 with twenty or more service credit years
of service, or who is on duty connected disability leave or
retired for duty connected disability, the surviving spouse
shall become entitled, subject to RCW 41.26.162(2), to
receive a monthly allowance equal to fifty percent of the
final average salary at the date of death if active, or the
amount of retirement allowance the vested member would
have received at age fifty, or the amount of the retirement
allowance such retired member was receiving at the time of
death if retired for duty connected disability. The amount of
this allowance will be increased five percent of final average
salary for each child as defined in RCW 41.26.030(7),
subject to a maximum combined allowance of sixty percent
of final average salary: PROVIDED, That if the child or
children is or are in the care of a legal guardian, payment of
the increase attributable to each child will be made to the
child’s legal guardian or, in the absence of a legal guardian
and if the member has created a trust for the benefit of the
child or children, payment of the increase attributable to each
child will be made to the trust.
(2) If at the time of the duty connected death of a
vested member with twenty or more service credit years of
service as provided in subsection (1) of this section or a
member retired for duty connected disability, the surviving
spouse has not been lawfully married to such member for
one year prior to retirement or separation from service if a
vested member, the surviving spouse shall not be eligible to
receive the benefits under this section: PROVIDED, That if
a member dies as a result of a disability incurred in the line
of duty, then if he or she was married at the time he or she
was disabled, the surviving spouse shall be eligible to
receive the benefits under this section.
(3) If there be no surviving spouse eligible to receive
benefits at the time of such member’s duty connected death,
then the child or children of such member shall receive a
monthly allowance equal to thirty percent of final average
salary for one child and an additional ten percent for each
additional child subject to a maximum combined payment,
under this subsection, of sixty percent of final average
salary. When there cease to be any eligible children as
defined in RCW 41.26.030(7), there shall be paid to the legal
heirs of the member the excess, if any, of accumulated
contributions of the member at the time of death over all
payments made to survivors on his or her behalf under this
chapter: PROVIDED, That payments under this subsection
to children shall be prorated equally among the children, if
more than one. If the member has created a trust for the
[Title 41 RCW—page 124]
benefit of the child or children, the payment shall be made
to the trust.
(4) In the event that there is no surviving spouse eligible
to receive benefits under this section, and that there be no
child or children eligible to receive benefits under this
section, then the accumulated contributions shall be paid to
the estate of the member.
(5) If a surviving spouse receiving benefits under this
section remarries after June 13, 2002, the surviving spouse
shall continue to receive the benefits under this section.
(6) If a surviving spouse receiving benefits under the
provisions of this section thereafter dies and there are
children as defined in RCW 41.26.030(7), payment to the
spouse shall cease and the child or children shall receive the
benefits as provided in subsection (3) of this section.
(7) The payment provided by this section shall become
due the day following the date of death and payments shall
be retroactive to that date. [2002 c 158 § 1; 1999 c 134 §
2; 1991 sp.s. c 11 § 5. Prior: 1991 c 343 § 17; 1991 c 35
§ 23; 1986 c 176 § 7; 1977 ex.s. c 294 § 23; 1974 ex.s. c
120 § 5; 1972 ex.s. c 131 § 9; 1971 ex.s. c 257 § 11; 1970
ex.s. c 6 § 12; 1969 ex.s. c 209 § 17.]
Purpose—1999 c 134: "The purpose of sections 1 through 4 of this
act is to clarify that the intent of the legislature in enacting RCW 41.26.160,
insofar as that section provides benefits to members or surviving spouses for
deaths incurred in the line of duty, was to provide a statute in the nature of
a workers’ compensation act that provides compensation to employees or
surviving spouses for personal injuries or deaths incurred in the course of
employment. Accordingly, this act amends and divides RCW 41.26.160
into two separate sections. Section 2 of this act clarifies and emphasizes the
legislature’s intent that the death benefits granted by RCW 41.26.160, as
amended, are granted only to those members who die or become disabled
by any injury or incapacity that is incurred in the line of duty. Section 3
of this act continues to provide death retirement benefits to members or
surviving spouses for deaths not incurred in the line of duty." [1999 c 134
§ 1.]
Retroactive application—1999 c 134 § 2: "The provisions of section
2 of this act apply retrospectively to all line of duty death retirement
allowances granted under chapter 41.26 RCW prior to April 28, 1999."
[1999 c 134 § 4.]
Effective date—1999 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 28, 1999]." [1999 c 134 § 5.]
Purpose—Effective dates—1991 sp.s. c 11: See notes following
RCW 41.26.090.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.161 Death benefits—Nonduty connected. (1)
In the event of the nonduty connected death of any member
who is in active service, or who has vested under the
provisions of RCW 41.26.090 with twenty or more service
credit years of service, or who is on disability leave or retired, whether for nonduty connected disability or service,
the surviving spouse shall become entitled, subject to RCW
41.26.162(2), to receive a monthly allowance equal to fifty
percent of the final average salary at the date of death if
active, or the amount of retirement allowance the vested
member would have received at age fifty, or the amount of
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
the retirement allowance such retired member was receiving
at the time of death if retired for service or nonduty connected disability. The amount of this allowance will be increased five percent of final average salary for each child as
defined in RCW 41.26.030(7), subject to a maximum
combined allowance of sixty percent of final average salary:
PROVIDED, That if the child or children is or are in the
care of a legal guardian, payment of the increase attributable
to each child will be made to the child’s legal guardian or,
in the absence of a legal guardian and if the member has
created a trust for the benefit of the child or children,
payment of the increase attributable to each child will be
made to the trust.
(2) If at the time of the death of a vested member with
twenty or more service credit years of service as provided in
subsection (1) of this section or a member retired for service
or disability, the surviving spouse has not been lawfully
married to such member for one year prior to retirement or
separation from service if a vested member, the surviving
spouse shall not be eligible to receive the benefits under this
section.
(3) If there be no surviving spouse eligible to receive
benefits at the time of such member’s death, then the child
or children of such member shall receive a monthly allowance equal to thirty percent of final average salary for one
child and an additional ten percent for each additional child
subject to a maximum combined payment, under this
subsection, of sixty percent of final average salary. When
there cease to be any eligible children as defined in RCW
41.26.030(7), there shall be paid to the legal heirs of the
member the excess, if any, of accumulated contributions of
the member at the time of death over all payments made to
survivors on his or her behalf under this chapter: PROVIDED, That payments under this subsection to children shall be
prorated equally among the children, if more than one. If
the member has created a trust for the benefit of the child or
children, the payment shall be made to the trust.
(4) In the event that there is no surviving spouse eligible
to receive benefits under this section, and that there be no
child or children eligible to receive benefits under this
section, then the accumulated contributions shall be paid to
the estate of said member.
(5) If a surviving spouse receiving benefits under this
section remarries after June 13, 2002, the surviving spouse
shall continue to receive the benefits under this section.
(6) If a surviving spouse receiving benefits under the
provisions of this section thereafter dies and there are
children as defined in RCW 41.26.030(7), payment to the
spouse shall cease and the child or children shall receive the
benefits as provided in subsection (3) of this section.
(7) The payment provided by this section shall become
due the day following the date of death and payments shall
be retroactive to that date. [2002 c 158 § 2; 1999 c 134 §
3.]
Purpose—Effective date—1999 c 134: See notes following RCW
41.26.160.
41.26.162 Ex spouse qualifying as surviving
spouse—When. (1)(a) An ex spouse of a law enforcement
officers’ and fire fighters’ retirement system retiree shall
qualify as surviving spouse under RCW 41.26.160 if the ex
spouse:
(2002 Ed.)
41.26.161
(i) Has been provided benefits under any currently
effective court decree of dissolution or legal separation or in
any court order or court-approved property settlement
agreement incident to any court decree of dissolution or legal
separation entered after the member’s retirement and prior to
December 31, 1979; and
(ii) Was married to the retiree for at least thirty years,
including at least twenty years prior to the member’s
retirement or separation from service if a vested member.
(b) If two or more persons are eligible for a surviving
spouse benefit under this subsection, benefits shall be
divided between the surviving spouses based on the percentage of total service credit the member accrued during each
marriage.
(c) This subsection shall apply retroactively.
(2)(a) An ex spouse of a law enforcement officers’ and
fire fighters’ retirement system plan 1 retiree who:
(i) Divorces the member before separation from service;
and
(ii) Entered into the court order or court-approved
property settlement agreement incident to the divorce of the
member and ex spouse after July 1, 2003;
may be awarded a portion of the member’s benefit and a
portion of any spousal survivor’s benefit pursuant to RCW
41.26.160 or 41.26.161 after the member’s death if specified
in the court order or court-approved property settlement.
(b) This subsection shall not apply retroactively.
(3)(a) An ex spouse of a law enforcement officers’ and
fire fighters’ retirement system plan 1 member with at least
thirty years of service who:
(i) Divorced the member after being married to the
member for at least twenty-five years; and
(ii) Entered into a court order or court-approved
property settlement agreement incident to the divorce that
awarded a portion of the member’s benefits to the ex spouse
after June 13, 2002;
shall continue to receive that portion of the member’s benefit
after the member’s death as if the member was still alive.
(b) This subsection shall apply only to a divorce entered
into after January 1, 1997. However, no payments shall be
made to an ex spouse of a deceased member qualifying
under this subsection for any period prior to June 13, 2002.
[2002 c 158 § 3; 1991 sp.s. c 12 § 2.]
41.26.164 Optional reduced retirement allowance—
Continues for spouse otherwise ineligible for survivor
benefits. (1) No later than July 1, 2003, the department
shall adopt rules to allow a member who meets the criteria
set forth in subsection (2) of this section to choose an
actuarially equivalent benefit that pays the member a reduced
retirement allowance and upon death, such portion of the
member’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of a
spouse ineligible for survivor benefits under RCW 41.26.160
or 41.26.161.
(2) To choose an actuarially equivalent benefit according to subsection (1) of this section, a member shall:
(a) Have the retirement allowance payable to the retiree
not subject to periodic payments pursuant to a property
division obligation as provided for in RCW 41.50.670;
[Title 41 RCW—page 125]
41.26.164
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) Have no qualified ex spouse under RCW
41.26.162(1); and
(c) Choose an actuarially reduced benefit during a oneyear period beginning one year after the date of marriage to
the survivor benefit-ineligible spouse.
(3) A member who married a spouse ineligible for
survivor benefits under RCW 41.26.160 or 41.26.161 prior
to the effective date of the rules adopted under this section
and satisfies the conditions of subsection (2)(a) and (b) of
this section has one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(4) No benefit provided to a child survivor beneficiary
under RCW 41.26.160 or 41.26.161 is affected or reduced by
the member’s selection of the actuarially reduced spousal
survivor benefit provided by this section.
(5)(a) Any member who chose to receive a reduced
retirement allowance under subsection (1) of this section is
entitled to receive a retirement allowance adjusted in
accordance with (b) of this subsection if:
(i) The retiree’s survivor spouse designated in subsection (1) of this section predeceases the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree from
the beginning of the month following the date of the
beneficiaries [beneficiary’s] death shall be increased by the
following:
(i) One hundred percent multiplied by the result of
(b)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor. [2002 c 158 § 4.]
41.26.170 Refund of contributions on discontinuance of service—Reentry. (1) Should service of a member
be discontinued except by death, disability, or retirement, the
member shall, upon application therefor, be paid the accumulated contributions within sixty days after the day of application and the rights to all benefits as a member shall cease:
PROVIDED, That any member with at least five years’
service may elect the provisions of RCW 41.26.090(2).
(2) Any member whose contributions have been paid in
accordance with subsection (1) of this section and who
reenters the service of an employer shall upon the restoration
of withdrawn contributions, which restoration must be
completed within a total period of five years of service
following resumption of employment, then receive credit
toward retirement for the period of previous service which
these contributions are to cover.
(3) If the member fails to meet the time limitations of
subsection (2) of this section, the member may make the
payment required under RCW 41.50.165(2) prior to retirement. The member shall then receive credit toward retirement for the period of previous service that the withdrawn
contributions cover. [1994 c 197 § 6; 1991 c 35 § 24; 1970
ex.s. c 6 § 14; 1969 ex.s. c 209 § 22.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.190 Credit for military service. Each person
affected by this chapter who at the time of entering the
[Title 41 RCW—page 126]
armed services was a member of this system, and has
honorably served in the armed services of the United States,
shall have added to the period of service as computed under
this chapter, the period of service in the armed forces:
PROVIDED, That such credited service shall not exceed five
years. [1991 c 35 § 26; 1970 ex.s. c 6 § 13; 1969 ex.s. c
209 § 18.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.192 Credit for service under prior pension
system—Restoration of withdrawn contributions. If a
member of plan 1 served as a law enforcement officer or fire
fighter under a prior pension system and that service is not
creditable to plan 1 because the member withdrew his or her
contributions plus accrued interest from the prior pension
system, the member’s prior service as a law enforcement
officer shall be credited to plan 1 if the member pays to the
retirement system the amount under RCW 41.50.165(2) prior
to retirement. [1994 c 197 § 7; 1992 c 157 § 1.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.26.194 Credit for service under prior pension
system—Service not covered under prior system. If a
plan 1 member’s prior service as a law enforcement officer
or fire fighter under a prior pension system is not creditable
because, although employed in a position covered by a prior
pension act, the member had not yet become a member of
the pension system governed by the act, the member’s prior
service as a law enforcement officer or fire fighter shall be
creditable under plan 1, if the member pays to the plan the
amount set forth under RCW 41.50.165(2) prior to retirement. [1994 c 197 § 8; 1992 c 157 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.26.195 Transfer of service credit from other
retirement system—Irrevocable election allowed. Any
member of the teachers’ retirement system plans 1, 2, or 3,
the public employees’ retirement system plans 1 or 2, or the
Washington state patrol retirement system who has previously established service credit in the law enforcement officers’
and fire fighters’ retirement system plan 1 may make an
irrevocable election to have such service transferred to their
current retirement system and plan subject to the following
conditions:
(1) If the individual is employed by an employer in an
eligible position, as of July 1, 1997, the election to transfer
service must be filed in writing with the department no later
than July 1, 1998. If the individual is not employed by an
employer in an eligible position, as of July 1, 1997, the
election to transfer service must be filed in writing with the
department no later than one year from the date they are
employed by an employer in an eligible position.
(2) An individual transferring service under this section
forfeits the rights to all benefits as a member of the law
enforcement officers’ and fire fighters’ retirement system
plan 1 and will be permanently excluded from membership.
(3) Any individual choosing to transfer service under
this section will have transferred to their current retirement
system and plan: (a) All the individual’s accumulated
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
contributions; (b) an amount sufficient to ensure that the employer contribution rate in the individual’s current system
and plan will not increase due to the transfer; and (c) all
applicable months of service, as defined in RCW
41.26.030(14)(a).
(4) If an individual has withdrawn contributions from
the law enforcement officers’ and fire fighters’ retirement
system plan 1, the individual may restore the contributions,
together with interest as determined by the director, and
recover the service represented by the contributions for the
sole purpose of transferring service under this section. The
contributions must be restored before the transfer can occur
and the restoration must be completed within the time
limitations specified in subsection (1) of this section.
(5) Any service transferred under this section does not
apply to the eligibility requirements for military service
credit as defined in RCW 41.40.170(3) or 43.43.260(3).
(6) If an individual does not meet the time limitations
of subsection (1) of this section, the individual may elect to
restore any withdrawn contributions and transfer service
under this section by paying the amount required under
subsection (3)(b) of this section less any employee contributions transferred. [1997 c 122 § 1.]
41.26.197 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by
a member’s employer shall continue to receive service credit
as provided under the provisions of RCW 41.26.080 through
41.26.3903.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
basic salary reported for a member who establishes service
credit under this subsection may not be greater than the
salary paid to the highest paid job class covered by the
collective bargaining agreement. [1993 c 95 § 3.]
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
41.26.200 Appeal to director of retirement systems.
Any person feeling aggrieved by any order or determination
of a disability board denying disability leave or disability
retirement, or canceling a previously granted disability retirement allowance, shall have the right to appeal the order
or determination to the director. The director shall have no
jurisdiction to entertain the appeal unless a notice of appeal
is filed with the director within thirty days following the
rendition of the order by the applicable disability board. A
copy of the notice of appeal shall be served upon the
director and the applicable disability board and, within ninety
days thereof, the disability board shall certify its decision
and order which shall include findings of fact and conclusions of law, together with a transcript of all proceedings
(2002 Ed.)
41.26.195
in connection therewith, to the director for review. Upon
review of the record, the director may affirm the order of the
disability board or may remand the case for such further
proceedings as he or she may direct, in accordance with such
rules of procedure as the director shall promulgate. [1981 c
294 § 5; 1974 ex.s. c 120 § 6; 1971 ex.s. c 257 § 13; 1970
ex.s. c 6 § 11; 1969 ex.s. c 209 § 16.]
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.211 Notice for hearing required prior to
petitioning for judicial review. Any person aggrieved by
any final decision of the director must, before petitioning for
judicial review, file with the director of the retirement
system by mail or personally within sixty days from the day
such decision was communicated to such person, a notice for
a hearing. The notice of hearing shall set forth in full detail
the grounds upon which such person considers such decision
unjust or unlawful and shall include every issue to be
considered, and it must contain a detailed statement of facts
upon which such person relies in support thereof. Such
persons shall be deemed to have waived all objections or
irregularities concerning the matter on which such appeal is
taken other than those specifically set forth in the notice of
hearing or appearing in the records of the retirement system.
[1984 c 184 § 16; 1981 c 294 § 6; 1969 ex.s. c 209 § 19.
Formerly RCW 41.26.052, 41.26.210.]
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—1981 c 294: See note following RCW 41.26.115.
41.26.221 Hearing—Conduct. A hearing shall be
held by the director, or the director’s duly authorized
representative, in the county of the residence of the claimant
at a time and place designated by the director. Such hearing
shall be de novo and shall conform to the provisions of
chapter 34.05 RCW, as now or hereafter amended. The
disability board and the department shall be entitled to
appear in all such proceedings and introduce testimony in
support of the decision. Judicial review of any final decision
by the director shall be governed by the provisions of chapter 34.05 RCW as now law or hereafter amended. [1984 c
184 § 17; 1981 c 294 § 7; 1969 ex.s. c 209 § 20. Formerly
RCW 41.26.054, 41.26.220.]
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—1981 c 294: See note following RCW 41.26.115.
41.26.240 Increases or decreases in retirement
allowances to be determined by department in accordance with consumer price index. For purposes of this
section:
(1) "Index" shall mean, for any calendar year, that
year’s average Consumer Price Index—Seattle, Washington
area for urban wage earners and clerical workers, all items
(1957-1959=100), compiled by the Bureau of Labor Statistics, United States Department of Labor;
(2) "Retirement allowance" shall mean the retirement
allowance provided for in RCW 41.26.100 and 41.26.130,
and the monthly allowance provided for in RCW 41.26.160.
[Title 41 RCW—page 127]
41.26.240
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective April 1 of 1971, and of each succeeding year,
every retirement allowance which has been in effect for
more than one year shall be adjusted to that dollar amount
which exceeds its original dollar amount by the percentage
difference which the department finds to exist between the
index for the previous calendar year and the index for the
calendar year prior to the effective retirement date of the
person to whom, or on behalf of whom, such retirement
allowance is being paid.
For the purposes of this section, basic allowance shall
mean that portion of a total retirement allowance, and any
cost of living adjustment thereon, attributable to a member
(individually) and shall not include the increased amounts
attributable to the existence of a child or children. In those
cases where a child ceases to be qualified as an eligible
child, so as to lessen the total allowance, the allowance shall,
at that time, be reduced to the basic allowance plus the
amount attributable for the appropriate number of eligible
children. In those cases where a child qualifies as an
eligible child subsequent to the retirement of a member so as
to increase the total allowance payable, such increased
allowance shall at the time of the next and appropriate
subsequent cost of living adjustments, be considered the
original dollar amount of the allowance. [1991 c 35 § 27;
1974 ex.s. c 120 § 13; 1970 ex.s. c 6 § 16; 1969 ex.s. c 209
§ 24.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.250 Increase in presently payable benefits for
service or disability authorized. All benefits presently
payable pursuant to the provisions of RCW 41.20.050,
41.20.060 and 41.20.080 as such RCW sections existed prior
to the effective date of the amendment of such RCW
sections by sections 1, 2, 3, chapter 191, Laws of 1961 to
persons who retired prior to the effective date of the said
1961 amendatory act, shall be increased annually as hereafter
in this section provided. The local pension board shall meet
subsequent to March 31st but prior to June 30th of each year
for the purpose of adjusting benefit allowances payable
pursuant to the aforementioned sections. The local board
shall determine the increase in the consumer price index
between January 1st and December 31st of the previous year
and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board makes such
determination by a dollar amount proportionate to the
increase in the consumer price index: PROVIDED, That
regardless of the change in the consumer price index, such
increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this
section. This benefit increase shall be paid monthly as part
of the regular pension payment and shall be cumulative.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975 1st ex.s. c 178 §
3; 1974 ex.s. c 190 § 3; 1970 ex.s. c 37 § 2; 1969 ex.s. c
209 § 34.]
[Title 41 RCW—page 128]
Construction—Severability—1975 1st ex.s. c 178: See RCW
41.16.911, 41.16.921.
Construction—1970 ex.s. c 37: See note following RCW 41.18.104.
41.26.260 Increase in certain presently payable
death benefits authorized. All benefits presently payable
pursuant to the provisions of RCW 41.20.085 which are not
related to the amount of current salary attached to the
position held by the deceased member, shall be increased
annually in the same manner and to the same extent as
provided for pursuant to RCW 41.26.250. [1974 ex.s. c 190
§ 4; 1969 ex.s. c 209 § 35.]
41.26.270 Declaration of policy respecting benefits
for injury or death—Civil actions abolished. The legislature of the state of Washington hereby declares that the
relationship between members of the law enforcement
officers’ and fire fighters’ retirement system and their
governmental employers is similar to that of workers to their
employers and that the sure and certain relief granted by this
chapter is desirable, and as beneficial to such law enforcement officers and fire fighters as workers’ compensation
coverage is to persons covered by Title 51 RCW. The
legislature further declares that removal of law enforcement
officers and fire fighters from workers’ compensation
coverage under Title 51 RCW necessitates the (1) continuance of sure and certain relief for personal injuries incurred
in the course of employment or occupational disease, which
the legislature finds to be accomplished by the provisions of
this chapter and (2) protection for the governmental employer from actions at law; and to this end the legislature further
declares that the benefits and remedies conferred by this
chapter upon law enforcement officers and fire fighters
covered hereunder, shall be to the exclusion of any other
remedy, proceeding, or compensation for personal injuries or
sickness, caused by the governmental employer except as
otherwise provided by this chapter; and to that end all civil
actions and civil causes of actions by such law enforcement
officers and fire fighters against their governmental employers for personal injuries or sickness are hereby abolished,
except as otherwise provided in this chapter. [1989 c 12 §
13; 1987 c 185 § 13; 1985 c 102 § 4; 1971 ex.s. c 257 §
14.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Purpose—Retrospective application—1985 c 102: See notes
following RCW 41.26.120.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.281 Cause of action for injury or death,
when. If injury or death results to a member from the
intentional or negligent act or omission of a member’s
governmental employer, the member, the widow, widower,
child, or dependent of the member shall have the privilege
to benefit under this chapter and also have cause of action
against the governmental employer as otherwise provided by
law, for any excess of damages over the amount received or
receivable under this chapter. [1991 c 35 § 28; 1971 ex.s.
c 257 § 15. Formerly RCW 41.26.058, 41.26.280.]
Intent—1991 c 35: See note following RCW 41.26.005.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.3901 Severability—1969 ex.s. c 209. If any
provision of *this 1969 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1969 ex.s. c 209 § 42.
Formerly RCW 41.26.900.]
*Reviser’s note: "this 1969 amendatory act," see note following
chapter digest.
41.26.3902 Act to control inconsistencies. To the
extent that the provisions of *this 1969 amendatory act are
inconsistent with the provisions of any other law, the
provisions of *this 1969 amendatory act shall be controlling.
[1969 ex.s. c 209 § 43. Formerly RCW 41.26.910.]
*Reviser’s note: "this 1969 amendatory act," see note following
chapter digest.
41.26.3903 Effective date—1969 ex.s. c 209. *This
1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of
the state government and its existing public institutions and
shall take effect on July 1, 1969. [1969 ex.s. c 209 § 45.
Formerly RCW 41.26.920.]
*Reviser’s note: "This 1969 amendatory act," see note following
chapter digest.
"PLAN 2"
41.26.410 Provisions applicable to plan 2. RCW
41.26.420 through 41.26.550 shall apply only to plan 2
members. [1991 c 35 § 29; 1977 ex.s. c 294 § 2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—1977 ex.s. c 294: "Sections
1 through 16 of this 1977 amendatory act shall be added to chapter 41.26
RCW and shall be codified as consecutive sections of the Revised Code of
Washington within such chapter." [1977 ex.s. c 294 § 25.]
Section headings—1977 ex.s. c 294: "Section headings used in this
1977 amendatory act shall not constitute any part of the law." [1977 ex.s.
c 294 § 24.]
41.26.420 Computation of the retirement allowance.
Except as provided in RCW 41.26.530, a member of the
retirement system shall receive a retirement allowance equal
to two percent of such member’s final average salary for
each year of service. [1993 c 517 § 2; 1979 ex.s. c 249 § 4;
1977 ex.s. c 294 § 3.]
Purpose—1993 c 517: "The legislature recognizes the demanding,
physical nature of law enforcement and fire fighting, and the resulting need
to allow law enforcement officers and fire fighters to make transitions into
other careers when these employees feel they can no longer pursue law
enforcement or fire fighting. The legislature also recognizes the challenge
and cost of maintaining the viability of a retired employee’s benefit over
longer periods of retirement as longevity increases, and that this problem is
compounded for employees who leave a career before they retire from the
work force.
Therefore, the purpose of this act is to: (1) Provide full retirement
benefits to law enforcement officers and fire fighters at an appropriate age
that reflects the unique and physically demanding nature of their work; (2)
provide a fair and reasonable value from the retirement system for those
who leave the law enforcement or fire fighting profession before retirement;
(3) increase flexibility for law enforcement officers and fire fighters to make
transitions into other public or private sector employment; (4) increase
(2002 Ed.)
41.26.281
employee options for addressing retirement needs, personal financial
planning, and career transitions; and (5) continue the legislature’s established policy of having employees pay a fifty percent share of the contributions toward their retirement benefits and any enhancements." [1993 c 517
§ 1.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.425 Lump sum retirement allowance—
Reentry—Conditions for reinstatement of service. (1) On
or after June 10, 1982, the director may pay a beneficiary,
subject to the provisions of subsection (5) of this section, a
lump sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.26.420 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
such monthly benefits or an amount equal to the individual’s
accumulated contributions plus accrued interest.
(2) A beneficiary, subject to the provisions of subsection
(5) of this section, who is receiving a regular monthly
benefit of less than fifty dollars may request, in writing, to
convert from a monthly benefit to a lump sum payment. If
the director approves the conversion, the calculation of the
actuarial equivalent of the total estimated regular benefit will
be computed based on the beneficiary’s age at the time the
benefit initially accrued. The lump sum payment will be
reduced to reflect any payments received on or after the
initial benefit accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status
reinstate all previous service by depositing the lump sum
payment received, with interest as computed by the director,
within two years of returning to service or prior to reretiring, whichever comes first. In computing the amount
due, the director shall exclude the accumulated value of the
normal payments the member would have received while in
beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations set
forth under subsection (3) of this section, the member may
reinstate all previous service under RCW 41.50.165(2) prior
to retirement. The sum deposited shall exclude the accumulated value of the normal payments the member would have
received while in beneficiary status if the lump sum payment
had not occurred.
(5) Only persons entitled to or receiving a service
retirement allowance under RCW 41.26.420 or an earned
disability allowance under RCW 41.26.470 qualify for
participation under this section.
(6) It is the intent of the legislature that any member
who receives a settlement under this section shall be deemed
to be retired from this system. [1994 c 197 § 9; 1982 c 144
§ 1.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.26.430 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years of service who has attained at least age fiftythree shall be eligible to retire and to receive a retirement
allowance computed according to the provisions of RCW
41.26.420.
[Title 41 RCW—page 129]
41.26.430
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years of service and
has attained age fifty shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.26.420, except that a member retiring pursuant
to this subsection shall have the retirement allowance
actuarially reduced to reflect the difference in the number of
years between age at retirement and the attainment of age
fifty-three.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least twenty service credit
years and has attained age fifty shall be eligible to retire and
to receive a retirement allowance computed according to the
provisions of RCW 41.26.420, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and
the attainment of age fifty-three. [2000 c 247 § 904; 1993
c 517 § 3; 1991 c 343 § 18; 1977 ex.s. c 294 § 4.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Purpose—1993 c 517: See note following RCW 41.26.420.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.440 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual
adjustment to the original retirement allowance and shall be
applied beginning with the July payment. In no event,
however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 294 § 5.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.450 Port districts and institutions of higher
education—Must make both employer and state contributions. Port districts established under Title 53 RCW and
institutions of higher education as defined in RCW
[Title 41 RCW—page 130]
28B.10.016 shall contribute both the employer and state
shares of the cost of the retirement system for any of their
employees who are law enforcement officers. Institutions of
higher education shall contribute both the employer and the
state shares of the cost of the retirement system for any of
their employees who are fire fighters. [2000 c 247 § 801;
1996 c 38 § 3; 1993 c 502 § 2; 1989 c 273 § 14; 1986 c 268
§ 1; 1984 c 184 § 10; 1977 ex.s. c 294 § 6.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1993 c 502: See note following RCW 41.26.030.
Severability—1989 c 273: See RCW 41.45.900.
Severability—1984 c 184: See note following RCW 41.50.150.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.460 Options for payment of retirement
allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for
service as prescribed in RCW 41.26.430 or disability
retirement under RCW 41.26.470, a member shall elect to
have the retirement allowance paid pursuant to the following
options, calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total
of the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the
member’s estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there
be no such designated person or persons still living at the
time of the retiree’s death, then to the surviving spouse; or
if there be neither such designated person or persons still
living at the time of death nor a surviving spouse, then to the
retiree’s legal representative.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a designated person. Such person
shall be nominated by the member by written designation
duly executed and filed with the department at the time of
retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred
percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member’s
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member’s spouse as
the beneficiary. Such benefit shall be calculated to be
actuarially equivalent to the benefit options available under
subsection (1) of this section unless spousal consent is not
required as provided in (b) of this subsection.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as
of July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the
percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the
following:
(i) One hundred percent multiplied by the result of
(c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date
of the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall
adopt rules to permit:
(2002 Ed.)
41.26.460
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.26.530(1) and the
member’s divorcing spouse be divided into two separate
benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the
ages provided in RCW 41.26.430 and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (4) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 7; 2000 c 186 § 1; 1998 c 340 § 5; 1996 c 175 § 3;
1995 c 144 § 17; 1990 c 249 § 3; 1977 ex.s. c 294 § 7.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.470 Earned disability allowance—Cancellation
of allowance—Reentry—Receipt of service credit while
disabled—Conditions—Disposition upon death of recipient. (1) A member of the retirement system who becomes
totally incapacitated for continued employment by an
employer as determined by the director shall be eligible to
receive an allowance under the provisions of RCW
41.26.410 through 41.26.550. Such member shall receive a
monthly disability allowance computed as provided for in
RCW 41.26.420 and shall have such allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age fiftythree.
(2) Any member who receives an allowance under the
provisions of this section shall be subject to such comprehensive medical examinations as required by the department.
If such medical examinations reveal that such a member has
recovered from the incapacitating disability and the member
is no longer entitled to benefits under Title 51 RCW, the
[Title 41 RCW—page 131]
41.26.470
Title 41 RCW: Public Employment, Civil Service, and Pensions
retirement allowance shall be canceled and the member shall
be restored to duty in the same civil service rank, if any,
held by the member at the time of retirement or, if unable to
perform the duties of the rank, then, at the member’s
request, in such other like or lesser rank as may be or
become open and available, the duties of which the member
is then able to perform. In no event shall a member previously drawing a disability allowance be returned or be
restored to duty at a salary or rate of pay less than the
current salary attached to the rank or position held by the
member at the date of the retirement for disability. If the
department determines that the member is able to return to
service, the member is entitled to notice and a hearing. Both
the notice and the hearing shall comply with the requirements of chapter 34.05 RCW, the Administrative Procedure
Act.
(3) Those members subject to this chapter who became
disabled in the line of duty on or after July 23, 1989, and
who receive benefits under RCW 41.04.500 through
41.04.530 or similar benefits under RCW 41.04.535 shall
receive or continue to receive service credit subject to the
following:
(a) No member may receive more than one month’s
service credit in a calendar month.
(b) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(c) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(d) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(e) State contributions shall be as provided in RCW
41.45.060 and 41.45.067.
(f) Contributions shall be based on the regular compensation which the member would have received had the
disability not occurred.
(g) The service and compensation credit under this
section shall be granted for a period not to exceed six
consecutive months.
(h) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right.
(4)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the
accumulated contributions at the date of retirement, then the
balance shall be paid to the member’s estate, or such person
or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the
director, or, if there is no such designated person or persons
still living at the time of the recipient’s death, then to the
surviving spouse, or, if there is neither such designated
person or persons still living at the time of his or her death
nor a surviving spouse, then to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient
equaled the amount of his or her accumulated contributions
at the date of retirement, then the department shall pay the
[Title 41 RCW—page 132]
balance of the accumulated contributions to the member’s
surviving spouse or, if there is no surviving spouse, then in
equal shares to the member’s children. If there is no
surviving spouse or children, the department shall retain the
contributions.
(5) Should the disability retirement allowance of any
disability beneficiary be canceled for any cause other than
reentrance into service or retirement for service, he or she
shall be paid the excess, if any, of the accumulated contributions at the time of retirement over all payments made on
his or her behalf under this chapter. [2001 c 261 § 2; 2000
c 247 § 1104; 1999 c 135 § 1; 1995 c 144 § 18; 1993 c 517
§ 4; 1990 c 249 § 19. Prior: 1989 c 191 § 1; 1989 c 88 §
1; 1982 c 12 § 2; 1981 c 294 § 9; 1977 ex.s. c 294 § 8.]
Effective date—2001 c 261 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 261 § 5.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Application—1999 c 135 § 1: "Section 1 of this act applies to any
member who received a disability retirement allowance on or after February
1, 1990." [1999 c 135 § 2.]
Purpose—1993 c 517: See note following RCW 41.26.420.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1981 c 294: See note following RCW 41.26.115.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
Disability leave supplement for law enforcement officers and fire fighters:
RCW 41.04.500 through 41.04.550.
41.26.480 Industrial insurance. Notwithstanding any
other provision of law, members shall be eligible for
industrial insurance as provided by Title 51 RCW, as now or
hereafter amended, and shall be included in the payroll of
the employer for such purpose. [1977 ex.s. c 294 § 9.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.490 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.26.430, 41.26.470, or 41.26.510 shall be eligible to
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.26.430 shall accrue from the first day
of the calendar month immediately following such member’s
separation from service.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance
pursuant to RCW 41.26.430, shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.26.470 shall accrue from
the first day of the calendar month immediately following
such member’s separation from service for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.26.510 shall accrue from the first
day of the calendar month immediately following the
member’s death.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
(5) A person is separated from service on the date a
person has terminated all employment with an employer.
[1997 c 254 § 2; 1977 ex.s. c 294 § 10.]
Intent—Construction—1997 c 254: "(1) This act, which defines
separation from service and restrictions concerning postretirement employment, is intended to clarify existing statutory provisions regarding these
issues. As a result of this act, the legal standard for determining separation
from service and the impact to a retiree’s benefit should they return to work
following retirement, are either the same as under the prior law, or less
restrictive. Accordingly, this act does not constitute a diminution of benefits
and applies to all members of the affected retirement systems.
(2) This act, which addresses the determination of employee status, is
intended to clarify existing law. The clarifications are consistent with longstanding common law of the state of Washington and long-standing
department of retirement systems’ interpretations of the appropriate standard
to be used in determining employee status. Accordingly, sections 3(49) and
10(22) of this act do not constitute a diminution of benefits and apply to all
members of the teachers’ retirement system and the public employees’
retirement system." [1997 c 254 § 1.]
Application—1997 c 254: "This act applies to all overpayments
discovered by the department of retirement systems on or after June 1,
1996, except that sections 10, 12, 14, 15, and 16 of this act apply retroactively to any person who retired under chapter 234, Laws of 1992 or part
III of chapter 519, Laws of 1993." [1997 c 254 § 17.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.500 Suspension of retirement allowance upon
reemployment—Reinstatement. (1) No retiree under the
provisions of plan 2 shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010, or
41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030. If a retiree’s benefits have been
suspended under this section, his or her benefits shall be
reinstated when the retiree terminates the employment that
caused his or her benefits to be suspended. Upon reinstatement, the retiree’s benefits shall be actuarially recomputed
pursuant to the rules adopted by the department.
(2) The department shall adopt rules implementing this
section. [1998 c 341 § 604; 1990 c 274 § 12; 1977 ex.s. c
294 § 11.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See
note following RCW 41.40.690.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.510 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount
of the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid to the
member’s estate, or such person or persons, trust, or organization as the member shall have nominated by written
designation duly executed and filed with the department. If
there be no such designated person or persons still living at
the time of the member’s death, such member’s accumulated
contributions standing to such member’s credit in the
retirement system, less any amount identified as owing to an
(2002 Ed.)
41.26.490
obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid to the member’s surviving spouse as if in fact such
spouse had been nominated by written designation, or if
there be no such surviving spouse, then to such member’s
legal representatives.
(2) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies,
the surviving spouse or eligible child or children shall elect
to receive either:
(a) A retirement allowance computed as provided for in
RCW 41.26.430, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.26.460 and if the member was not eligible for
normal retirement at the date of death a further reduction as
described in RCW 41.26.430; if a surviving spouse who is
receiving a retirement allowance dies leaving a child or
children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an
amount equal to that which was being received by the
surviving spouse, share and share alike, until such child or
children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the
member’s death, such member’s child or children under the
age of majority shall receive an allowance share and share
alike calculated as herein provided making the assumption
that the ages of the spouse and member were equal at the
time of the member’s death; or
(b)(i) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
(ii) If the member dies on or after July 25, 1993, one
hundred fifty percent of the member’s accumulated contributions, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670. Any accumulated contributions attributable to restorations made under RCW
41.50.165(2) shall be refunded at one hundred percent.
(3) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies
after October 1, 1977, and is not survived by a spouse or an
eligible child, then the accumulated contributions standing to
the member’s credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the
member’s legal representatives. [2000 c 247 § 1001. Prior:
1995 c 245 § 1; 1995 c 144 § 19; 1993 c 236 § 3; 1991 c
365 § 31; 1990 c 249 § 14; 1977 ex.s. c 294 § 12.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1995 c 245: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
[Title 41 RCW—page 133]
41.26.510
Title 41 RCW: Public Employment, Civil Service, and Pensions
government and its existing public institutions, and shall take effect
immediately [May 5, 1995]." [1995 c 245 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.520 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue
to receive service credit as provided for under the provisions
of RCW 41.26.410 through 41.26.550.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
basic salary reported for a member who establishes service
credit under this subsection may not be greater than the
salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (7) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if the member makes the employer, member,
and state contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to
retirement whichever comes sooner.
(4) A law enforcement member may be authorized by
an employer to work part time and to go on a part-time
leave of absence. During a part-time leave of absence a
member is prohibited from any other employment with their
employer. A member is eligible to receive credit for any
portion of service credit not earned during a month of parttime leave of absence if the member makes the employer,
member, and state contributions, plus interest, as determined
by the department for the period of the authorized leave
within five years of resumption of full-time service or prior
to retirement whichever comes sooner. Any service credit
purchased for a part-time leave of absence is included in the
two-year maximum provided in subsection (3) of this
section.
(5) If a member fails to meet the time limitations of
subsection (3) or (4) of this section, the member may receive
a maximum of two years of service credit during a
member’s working career for those periods when a member
is on unpaid leave of absence authorized by an employer.
This may be done by paying the amount required under
RCW 41.50.165(2) prior to retirement.
(6) For the purpose of subsection (3) or (4) of this
section the contribution shall not include the contribution for
the unfunded supplemental present value as required by
RCW 41.45.060, 41.45.061, and 41.45.067. The contribu[Title 41 RCW—page 134]
tions required shall be based on the average of the member’s
basic salary at both the time the authorized leave of absence
was granted and the time the member resumed employment.
(7) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the
federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under RCW 41.45.060, 41.45.061, and 41.45.067
within five years of resumption of service or prior to
retirement, whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption
of service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii)
of this subsection, the department shall establish the
member’s service credit and shall bill the employer and the
state for their respective contributions required under RCW
41.26.450 for the period of military service, plus interest as
determined by the department.
(c) The contributions required under (a)(ii) of this
subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be
estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the
member went on military leave.
(8) A member receiving benefits under Title 51 RCW
who is not receiving benefits under this chapter shall be
deemed to be on unpaid, authorized leave of absence. [2002
c 28 § 1; 2000 c 247 § 1105; 1996 c 61 § 1; 1994 c 197 §
10; 1993 c 95 § 4; 1992 c 119 § 1; 1989 c 88 § 2; 1977
ex.s. c 294 § 13.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
Retroactive application—1992 c 119: "This act applies retroactively
for retirement system service credit for military service which began on or
after January 1, 1990." [1992 c 119 § 4.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.530 Vested membership. (1) A member who
separates or has separated after having completed at least
five years of service may remain a member during the
period of such member’s absence from service for the
exclusive purpose only of receiving a retirement allowance
under the provisions of RCW 41.26.430 if such member
maintains the member’s accumulated contributions intact.
(2002 Ed.)
Law Enforcement Officers’ and Fire Fighters’ Retirement System
(2) The retirement allowance payable under the provisions of RCW 41.26.430 to a member who separates after
having completed at least twenty years of service, and remains a member during the period of his or her absence
from service by maintaining his or her accumulated contributions intact, shall be increased by twenty-five one-hundredths
of one percent, compounded for each month from the date
of separation to the date the retirement allowance commences as provided in RCW 41.26.490. [1993 c 517 § 5; 1977
ex.s. c 294 § 14.]
Purpose—1993 c 517: See note following RCW 41.26.420.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.540 Refund of contributions on termination.
(1)(a) A member who has completed less than ten years of
service, who ceases to be an employee of an employer except by service or disability retirement, may request a refund
of the member’s accumulated contributions.
(b) A member who has completed ten or more years of
service, who ceases to be an employee of an employer
except by service or disability retirement, may request a
refund of one hundred fifty percent of the member’s accumulated contributions. Any accumulated contributions
attributable to restorations made under RCW 41.50.165(2)
shall be refunded at one hundred percent.
(2) The refund shall be made within ninety days
following the receipt of the request and notification of
termination through the contribution reporting system by the
employer; except that in the case of death, an initial payment
shall be made within thirty days of receipt of request for
such payment and notification of termination through the
contribution reporting system by the employer. A member
who files a request for refund and subsequently enters into
employment with another employer prior to the refund being
made shall not be eligible for a refund. The refund of
accumulated contributions shall terminate all rights to
benefits under RCW 41.26.410 through 41.26.550. [1995 c
245 § 2; 1993 c 517 § 6; 1982 1st ex.s. c 52 § 5; 1977 ex.s.
c 294 § 15.]
Effective date—1995 c 245: See note following RCW 41.26.510.
Purpose—1993 c 517: See note following RCW 41.26.420.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.550 Reentry. (1) A member, who had left
service and withdrawn the member’s funds pursuant to RCW
41.26.540, shall receive service credit for such prior service
if the member restores all withdrawn funds together with interest since the time of withdrawal as determined by the
department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of
subsection (1) of this section, the member may receive
service credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 11; 1993 c 517 § 7; 1977 ex.s. c 294 § 16.]
(2002 Ed.)
41.26.530
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Purpose—1993 c 517: See note following RCW 41.26.420.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.901 Severability—1977 ex.s. c 294. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 294 § 26.]
41.26.921 Effective date—1977 ex.s. c 294. This
1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect October 1, 1977. [1977 ex.s. c 294 § 27.]
Chapter 41.28
RETIREMENT OF PERSONNEL IN CERTAIN
FIRST CLASS CITIES
Sections
41.28.005
41.28.010
41.28.020
41.28.030
41.28.040
41.28.050
41.28.060
Establishment of retirement and pension systems authorized.
Definitions.
Retirement system created—Adoption by cities.
Employees within or excluded from system.
Rates of contribution—Deduction and payment into fund.
Allowance of service credit.
Board of administration to administer system—Powers and
duties—Actuarial investigations and valuations—
Reports, records, and accounts.
41.28.070 Employees’ retirement fund created—Composition.
41.28.080 Board of administration—Members—Duties—Fiscal affairs.
41.28.085 Legislative intent—Investments.
41.28.090 Contributions by city.
41.28.100 City obligated to contribute.
41.28.110 Payments on discontinuance of service—Reemployment—
Redeposit.
41.28.120 Retirement for service.
41.28.130 Service retirement allowances.
41.28.140 Retirement for disability.
41.28.150 Disability retirement allowances—Grounds for denial.
41.28.160 Physical examination of disabled members—Reentry.
41.28.170 Optional allowances.
41.28.180 Payments on death of unretired members.
41.28.190 Payments to be made monthly.
41.28.200 Exemption from process—Rights not assignable.
41.28.205 Benefits payable in accordance with court decree or order of
dissolution or legal separation.
41.28.207 Payments to spouse or ex spouse pursuant to court order.
41.28.210 Estimates of service, compensation, or age.
41.28.220 Suspension of allowances during other public aid.
41.28.230 Administrative expense.
41.28.240 Existing systems preserved.
41.28.900 Severability—1939 c 207.
41.28.910 Repeal.
41.28.920 Effective date—1939 c 207.
Portability of public retirement benefits: Chapter 41.54 RCW.
Statewide city employees’ retirement system: Chapter 41.44 RCW.
41.28.005 Establishment of retirement and pension
systems authorized. Any city attaining the status of a first
class city after July 1, 1939, is empowered by this chapter to
establish retirement and pension systems for superannuated
or totally and permanently disabled officers and employees
[Title 41 RCW—page 135]
41.28.005
Title 41 RCW: Public Employment, Civil Service, and Pensions
of cities of the first class. [1939 c 207 § 1; RRS § 9592101. Formerly RCW 41.28.020, part.]
41.28.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the
following meanings:
(1) "Retirement system" shall mean "employees’
retirement system", provided for in RCW 41.28.020.
(2) "Employee" shall mean any regularly appointed
officer or regularly appointed employee of a first class city
as described in RCW 41.28.005, whose compensation in
such employment is paid wholly by that city.
(3) "Member" shall mean any person included in the
membership of the retirement system as provided in RCW
41.28.030.
(4) "City" shall mean any city of the first class as
described in RCW 41.28.005.
(5) "Board" shall mean "board of administration" as
provided in RCW 41.28.080.
(6) "Retirement fund" shall mean "employees’ retirement fund" as created and established in RCW 41.28.070.
(7) "City service" shall mean service rendered to city for
compensation, and for the purpose of this chapter, a member
shall be considered as being in city service only while he is
receiving compensation from the city for such service.
(8) "Prior service" shall mean the service of a member
for compensation rendered to the city prior to July 1, 1939,
and shall also include military or naval service of a member
to the extent specified in RCW 41.28.050.
(9) "Continuous service" shall mean uninterrupted
employment by that city, except that discontinuance of city
service of a member caused by layoff, leave of absence,
suspension, or dismissal, followed by reentrance into city
service within one year, shall not count as a break in the
continuity of service: PROVIDED, That for the purpose of
establishing membership in the retirement system continuous
service shall mean six months’ service in any one year.
(10) "Beneficiary" shall mean any person in receipt of
a pension, annuity, retirement allowance, disability allowance, or any other benefit provided in this chapter.
(11) "Compensation" shall mean the compensation
payable in cash, plus the monetary value, as determined by
the board of administration, of any allowance in lieu thereof.
(12) "Compensation earnable" by a member shall mean
the average compensation as determined by the board of
administration upon the basis of the average period of
employment of members in the same group or class of
employment and at the same rate of pay.
(13) "Final compensation" means the annual average of
the greatest compensation earnable by a member during any
consecutive five-year period of service for which service
credit is allowed.
(14) "Normal contributions" shall mean contributions at
the rate provided for in RCW 41.28.040(1).
(15) "Additional contributions" shall mean the contributions provided for in RCW 41.28.040(4).
(16) "Regular interest", unless changed by the board of
administration as provided in RCW 41.28.060, shall mean
interest at four percent per annum, compounded annually.
[Title 41 RCW—page 136]
(17) "Accumulated normal contribution" shall mean the
sum of all normal contributions, deducted from the compensation of a member, standing to the credit of his individual
account, together with regular interest thereon.
(18) "Accumulated additional contributions" shall mean
the sum of all the additional contributions, deducted from the
compensation of a member, standing to the credit of his
individual account, together with regular interest thereon.
(19) "Accumulated contributions" shall mean accumulated normal contributions plus accumulated additional contributions.
(20) "Pension" shall mean payments derived from
contributions made by the city as provided for in RCW
41.28.130 and 41.28.150.
(21) "Annuity" shall mean payments derived from
contributions made by a member as provided in RCW
41.28.130 and 41.28.150.
(22) "Retirement allowance" shall mean the pension plus
the annuity.
(23) "Fiscal year" shall mean any year commencing
with January 1st, and ending with December 31st, next
following.
(24) "Creditable service" shall mean such service as is
evidenced by the record of normal contributions received
from the employee plus prior service if credit for same is
still intact or not lost through withdrawal of accumulated
normal contributions as provided in RCW 41.28.110. [1967
c 185 § 1; 1963 c 91 § 1; 1939 c 207 § 2; RRS § 9592102.]
41.28.020 Retirement system created—Adoption by
cities. A retirement system is hereby created and established
in each city of the first class in each county with a population of one hundred twenty-five thousand or more to be
known as the "employees’ retirement system". This chapter
shall become effective as to any such city when by ordinance of the city duly enacted its terms are expressly accepted and made applicable thereto. This section shall not
be construed as preventing performance before July 1, 1939,
of any preliminary work which any city council, city
commission or board of administration shall deem necessary.
[1991 c 363 § 118; 1939 c 207 § 3; RRS § 9592-103.
FORMER PART OF SECTION: 1939 c 207 § 1; RRS §
9592-101 now codified as RCW 41.28.005.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.28.030 Employees within or excluded from
system. (1) With the exception of those employees who are
excluded from membership as herein provided, all employees
shall become members of the retirement system as follows:
(a) Every employee in city service as defined in this
chapter, on July 1, 1939, shall become a member of the
retirement system on that date.
(b) Every employee who enters or reenters city service
after July 1, 1939, shall become a member of the retirement
system upon the completion of six months of continuous
service.
(2) The following shall be specifically exempted from
the provisions of this chapter:
(2002 Ed.)
Retirement of Personnel in Certain First Class Cities
(a) Members of the police departments who are entitled
to the benefits of the police relief and pension fund as
established by state law.
(b) Members of the fire departments who are entitled to
the benefits of the firemen’s relief and pension fund as
established by state law.
(3) It shall be the duty of the head of each office or
department to give immediate notice in writing to the board
of administration of the change in status of any member of
his office or department, resulting from transfer, promotion,
leave of absence, resignation, reinstatement, dismissal or
death. The head of each office or department shall furnish
such other information concerning any member as the board
may require.
(4) Each member shall be subject to all the provisions
of this chapter and to all the rules and regulations adopted
by the board of administration. Should the service of any
member, in any period of ten consecutive years, amount to
less than five years, or should he withdraw more than one
quarter of his accumulated contributions, or should he die or
be retired, he shall thereupon cease to be a member. [1939
c 207 § 4; RRS § 9592-104.]
41.28.040 Rates of contribution—Deduction and
payment into fund. (1) The normal rate of contribution of
members shall be those adopted by the board of administration, subject to the approval of the city council or city
commission, and for the first five-year period such rates
shall be based on sex and on age of entry into the retirement
system, which age shall be the age at the birthday nearest
the time of entry into the system. The rates so adopted shall
remain in full force and effect until revised or changed by
the board of administration in the manner provided in RCW
41.28.060. The normal rates of contribution shall be so
fixed as to provide an annuity which, together with the
pension provided by the city, shall give as nearly as may be
a retirement allowance at the age of sixty-two years of one
and one-third percent of the final compensation multiplied by
the number of years of service of the retiring employee. The
normal rate established for age sixty-one shall be the rate for
any member who has attained a greater age before entry into
the retirement system. The normal rate of contribution for
age twenty shall be the rate for any member who enters the
retirement system at an earlier age.
(2) Subject to the provision of this chapter, the board of
administration shall adopt rules and regulations governing
the making of deductions from the compensation of employees and shall certify to the head of each office or department
the normal rate of contribution for each member provided for
in subdivision (1) of this section. The head of the department shall apply such rate of contribution, and shall certify
to the city comptroller on each and every payroll the amount
to be contributed and shall furnish immediately to the board
a copy of each and every payroll; and each of said amounts
shall be deducted by the city comptroller and shall be paid
into the retirement fund, hereinafter provided for, and shall
be credited by the board together with regular interest to an
individual account of the member for whom the contribution
was made.
Every member shall be deemed to consent and agree to
the contribution made and provided for herein, and shall
(2002 Ed.)
41.28.030
receipt in full for his salary or compensation. Payment less
said contribution shall be a full and complete discharge of all
claims and demands whatsoever for the service rendered by
such person during the period covered by such payment,
except his claim to the benefits to which he may be entitled
under the provisions of this chapter.
(3) At the end of each payroll period, the board shall
determine the aggregate amount of the normal contributions
for such period, and shall certify such aggregate to the city
comptroller, who shall thereupon transfer to the retirement
fund, hereinafter provided for, from the money appropriated
for that purpose in the budget for the fiscal year, an amount
equal to the aggregate normal contributions for the period
received from members.
(4) Any member may elect to contribute at rates in
excess of those provided for in subdivision (1) of this
section, for the purpose of providing additional benefits, but
the exercise of this privilege by a member shall not place on
the city any additional financial obligation. The board of
administration, upon application, shall furnish to such
member information concerning the nature and amount of
additional benefits to be provided by such additional contribution. [1967 c 185 § 2; 1939 c 207 § 5; RRS § 9592-105.]
41.28.050 Allowance of service credit. (1) Subject
to the following and all other provisions of this chapter,
including such rules and regulations as the board shall adopt
in pursuance thereof, the board, subject to the approval of
the city council or city commission, shall determine and may
modify allowance for service.
Time during which a member is absent on leave without
pay shall not be allowed in computing service: PROVIDED,
HOWEVER, That any member shall be given credit for any
period served by him in the national guard, or in the United
States army, navy, or marine corps, upon the call of the
president, if at the time of such service such member was a
regular employee under leave of absence. Certificate of
honorable discharge from and/or documentary evidence of
such service shall be submitted to the board in order to
obtain credit for such service.
Each member shall file with the board such information
affecting his status as a member of the retirement system as
the board may require.
(2) The board shall grant credit for prior service to each
member entering the retirement system on July 1, 1939, and
to each member entering after that date, if such entry is
within one year after rendering service prior to July 1, 1939:
PROVIDED, HOWEVER, That the board may grant credit
for prior service to those entering the retirement system after
July 1, 1939, where the employee, because of sickness or
other disability, has been on leave of absence, regularly
granted, since discontinuance of city service, regardless of
the length of such leave. No prior service credit shall be
used as a basis for retirement or other benefit unless the
membership continues until retirement on a retirement
allowance or until the granting of other benefits. [1939 c
207 § 6; RRS § 9592-106.]
41.28.060 Board of administration to administer
system—Powers and duties—Actuarial investigations and
valuations—Reports, records, and accounts. The adminis[Title 41 RCW—page 137]
41.28.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
tration of the retirement system is hereby vested in the board
of administration created in RCW 41.28.080. The board
shall exercise the powers and duties conferred upon it by
said section, and in addition thereto:
(1) The board shall keep in convenient form such data
as shall be necessary for the actuarial valuation of the
retirement fund created by this chapter. At the end of the
five-year period beginning with the year 1939, and at the end
of every five-year period thereafter, the board shall cause to
be made an actuarial investigation into the mortality, service
and compensation experience of the members, and beneficiaries as defined by this chapter; and shall further cause to be
made an actuarial valuation of the assets and liabilities of the
retirement fund, and upon the basis of such investigation and
valuation and subject to the approval of the city council or
city commission, shall:
(a) Make any necessary changes in the rate of interest;
(b) Adopt for the retirement system such mortality,
service and other tables as shall be necessary;
(c) Revise or change the rates of contribution by
members on the basis of such mortality, service and other
tables.
(2) The board shall promptly transmit to the city council
or city commission a report covering the actuarial investigation and actuarial valuation provided for in subdivision (1)
of this section.
(3) In addition to other records and accounts, the board
shall keep such detailed reports and accounts as shall be
necessary to show the financial condition of the retirement
fund at all times.
(4) The board shall annually transmit to the city council
or city commission a report showing the financial condition
of the fund established by this chapter. [1939 c 207 § 7;
RRS § 9592-107.]
41.28.070 Employees’ retirement fund created—
Composition. A fund is hereby created and established in
all cities of the first class as under this chapter provided to
be known as the "employees’ retirement fund" and shall
consist of all the moneys paid into it in accordance with the
provisions of this chapter, whether such moneys shall take
the form of cash, securities, or other assets. [1939 c 207 §
8; RRS § 9592-108.]
41.28.080 Board of administration—Members—
Duties—Fiscal affairs. (1) There is hereby created and
established a board of administration in each city coming
under this chapter, which shall, under the provisions of this
chapter and the direction of the city council or city commission, administer the retirement system and the retirement
fund created by this chapter. Under and pursuant to the
direction of the city council or city commission, the board
shall provide for the proper investment of the moneys in the
said retirement fund.
(2) The board of administration shall consist of seven
members, as follows: Three members appointed by the
regular appointing authority of the city, and three employees
who are eligible to membership in the retirement system, to
be elected by the employees. The above six members shall
appoint the seventh member.
[Title 41 RCW—page 138]
(3) The investment of all or any part of the retirement
fund shall be subject to chapter 35.39 RCW.
(4) Subject to such provisions as may be prescribed by
law for the deposit of municipal funds in banks, cash
belonging to the retirement fund may be deposited in any
licensed national bank or in any bank, banks or corporations
authorized or licensed to do a banking business and organized under the laws of the state of Washington.
(5) The city treasurer shall be the custodian of the
retirement fund. All payments from said fund shall be made
by the city treasurer but only upon warrant duly executed by
the city comptroller.
(6) Except as herein provided, no member and no
employee of the board of administration shall have any
interest, direct or indirect, in the making of any investments
from the retirement fund, or in the gains or profits accruing
therefrom. And no member or employee of said board,
directly or indirectly, for himself or as an agent or partner of
others, shall borrow any of its funds or deposits or in any
manner use the same except to make such current and
necessary payments as are authorized by said board; nor
shall any member or employee of said board become an
endorser or surety or become in any manner an obligor for
moneys invested by the board. [1983 c 3 § 93; 1969 ex.s.
c 211 § 2; 1939 c 207 § 9; RRS § 9592-109.]
41.28.085 Legislative intent—Investments. In order
that the intent of the legislature may be made clear with
respect to investments, but without restricting the necessary
flexibility that must exist for successful investing of the
retirement and pension funds, the legislature makes this
declaration of its desire that the investment authority shall
give primary consideration to dealing with brokerage firms
which maintain offices in the state of Washington so that the
investment programs may make a meaningful contribution to
the economy of the state. It is further the desire of the
legislature that the retirement and pension funds shall be
used as much as reasonably possible to benefit and expand
the business and economic climate within the state of Washington so long as such use would be consistent with sound
investment policy. [1969 ex.s. c 211 § 3.]
41.28.090 Contributions by city. (1) There shall be
paid into the retirement fund by contributions of the city, the
amounts necessary to pay all pensions and all other benefits
allowable under this chapter to members on account of prior
service, and minimum allowances provided for in RCW
41.28.130. Until the amount accumulated in the retirement
fund becomes at least as large as the present value of all
amounts thereinafter payable from said fund the amount
annually due to the said fund under this section shall be the
amount payable from said fund in the ensuing fiscal year on
account of prior service and minimum allowances. [1939 c
207 § 10; RRS § 9592-110.]
41.28.100 City obligated to contribute. The payments of the city due the retirement fund as provided for in
this chapter are hereby made obligations of the city as
defined in this chapter. The board shall annually, on or
before the tenth day of July each year, prepare and submit
to the city council or city commission an estimate of the
(2002 Ed.)
Retirement of Personnel in Certain First Class Cities
amounts necessary to meet such obligations, and the city
council or city commission shall provide for the raising of
such amounts as are necessary to make such payments.
[1939 c 207 § 11; RRS § 9592-111.]
41.28.110 Payments on discontinuance of service—
Reemployment—Redeposit. (1) Should the service of a
member be discontinued, except by death or retirement, he
shall be paid not later than six months after the day of
discontinuance such part of his accumulated contributions as
he shall demand: PROVIDED, HOWEVER, That a member
may appeal to the board and by unanimous vote, the board
may grant a request for immediate withdrawal of contributions. If in the opinion of the board said member is permanently separated from service by reason of such discontinuance he shall be paid forthwith all of his accumulated
contributions with interest: AND PROVIDED ALSO, That
the board may, in its discretion, withhold for not more than
one year after a member last rendered service all or part of
his accumulated normal contributions if after a previous
discontinuance of service he withdrew all or part of his
accumulated normal contributions and failed to redeposit
such withdrawn amount in the retirement fund as provided
in this section: PROVIDED FURTHER, That the city shall
receive credit for the full amount deposited by the city in the
retirement fund for such member’s benefit plus interest.
Any member may redeposit in the retirement fund an amount
equal to that which he previously withdrew therefrom at the
last termination of his membership, such redeposit to be paid
into the retirement fund in accordance with rules established
by the board. If a member upon reentering the retirement
system after a termination of his membership shall not make
such a redeposit as hereinabove provided, the rate of his
contributions for future years shall be the normal rate
provided for in RCW 41.28.040(1) at his age of reentrance;
otherwise his rate of contribution for future years shall be
the same as his rate prior to the termination of his membership. In the event such redeposit is made by a member, an
amount equal to the accumulated normal contributions so
redeposited shall again be held for the benefit of said
member, and shall no longer be included in the amounts
available to meet the obligations of the city on account of
benefits that have been granted or liabilities that have been
assumed on account of prior service of members, and the
city shall reinstate the prior service credit for such member.
[1939 c 207 § 12; RRS § 9592-112.]
41.28.120 Retirement for service. Retirement of
member for service shall be made by the board of administration as follows:
(1) Each member in the city service on June 8, 1967,
who, on or before such effective date, has attained the age
of sixty-five years or over, shall be forthwith retired on the
first day of the calendar month next succeeding the month in
which the employee shall have attained the age of sixty-five:
PROVIDED, That none of such members shall be subject to
compulsory retirement for a period of five years following
said effective date, but during such period any member
having attained the age of sixty-five may voluntarily retire
after attaining such age. Members attaining the age of sixtyfive after June 8, 1967 shall be retired on the first day of the
(2002 Ed.)
41.28.100
calendar month next succeeding the month in which the
member shall have attained the age of sixty-five, but none of
such members shall be subject to compulsory retirement until
five years after said effective date: PROVIDED, FURTHER, That any member attaining the age of seventy years
during said five year period shall be forthwith retired on the
first day of the calendar month next succeeding the month in
which the employee shall have attained the age of seventy
years, except as otherwise provided in this chapter. The
board shall extend the time of retirement for any member
hired prior to June 8, 1967 so as to enable said member to
qualify for retirement benefits under this chapter, but in no
event should such extension extend beyond the age of
seventy years.
(2) Any member in the city service may retire by filing
with the board a written application, stating when he desires
to be retired, such application to be made at least thirty days
prior to date of retirement: PROVIDED, HOWEVER, That
said member, at the time specified for his retirement, shall
have completed ten years of city service as defined in this
chapter, and shall have attained the age of fifty-seven years,
or shall have completed thirty years of city service as
defined in this chapter. Permanent discontinuance of city
service after age of fifty-seven shall entitle the member to
his retirement allowance: PROVIDED, That such employee
has had at least ten years of city service to his credit: AND
PROVIDED FURTHER, That permanent discontinuance of
city service after the completion of thirty years of city
service shall entitle the member to his retirement allowance.
[1967 c 185 § 3; 1939 c 207 § 13; RRS § 9592-113.]
41.28.130 Service retirement allowances. (1) A
member, upon retirement from service, shall receive a
retirement allowance subject to the provisions of paragraph
(2) of this section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement.
(b) A pension purchased by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member.
(c) For any member having credit for prior service an
additional pension, purchased by the contributions of the city
equal to one and one-third percent of the final compensation,
multiplied by the number of years of prior service credited
to said member, except that if a member shall retire before
attaining the age of sixty-two years, the additional pension
shall be reduced to an amount which shall be equal to a
lesser percentage of final compensation, multiplied by the
number of years of prior service credited to said member,
which lesser percentage shall be applied to the respective
ages of retirement in accordance with the following tabulation:
Retirement age
62
61
60
59
58
57
56
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1.333
1.242
1.158
1.081
1.010
0.945
0.885
[Title 41 RCW—page 139]
41.28.130
55
54
53
52
51
50
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Title 41 RCW: Public Employment, Civil Service, and Pensions
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0.829
0.778
0.731
0.687
0.646
0.608
(2) If the retirement allowance of the member as
provided in this section, exclusive of any annuity purchased
by his accumulated additional contributions, is in excess of
two-thirds of his final salary, the pension of the member,
purchased by the contributions of the city, shall be reduced
to such an amount as shall make the member’s retirement
allowance, exclusive of any annuity purchased by his accumulated additional contributions, equal to two-thirds of his
final salary, and the actuarial equivalent of such reduction
shall remain in the retirement fund to the credit of the city:
PROVIDED, That the retired member will be granted a cost
of living increase, in addition to the allowance provided in
this section, of one percent commencing January 1, 1968 and
an additional one percent on the first day of each evennumbered year thereafter if the U.S. Bureau of Labor
Statistics’ Cost of Living Index has increased one percent or
more since the last cost of living increase in the member’s
retirement allowance; such increases shall apply only to
retirement allowances approved on or after January 1, 1967.
(3) Any member, who enters the retirement system on
July 1, 1939, or who enters after that date and who is given
the credit for prior service, and who is retired by reason of
attaining the age of seventy years, shall receive such
additional pension on account of prior service, purchased by
the contributions of the city, as will make his total retirement
allowance not less than four hundred twenty dollars per year.
(4) Any member who, at the time of his retirement, has
at least ten years of creditable service, as defined in this
chapter, and who has attained the age of sixty-five years or
over, shall receive such additional pension, purchased by the
contributions of the city, as will make his total retirement
allowance not less than nine hundred sixty dollars per year.
[1969 c 31 § 1; 1967 c 185 § 4; 1961 c 260 § 1; 1939 c 207
§ 14; RRS § 9592-114.]
Validation—1969 c 31: "Any action effected in accordance with the
provisions of the last two paragraphs of section 1 of this 1969 amendatory
act during the period of from June 8, 1967 until the effective date of this
1969 amendatory act is hereby declared valid." [1969 c 31 § 2.] "Section
1 of this 1969 amendatory act" refers to RCW 41.28.130 above; "the
effective date of this 1969 amendatory act" is March 18, 1969.
41.28.140 Retirement for disability. Any member
while in city service may be retired by the board of administration for permanent and total disability, either ordinary or
accidental, upon examination, as follows:
(1) Any member who has not attained the age of sixtyfive years and who has at least ten years of city service as
defined in this chapter, to his credit: PROVIDED, That the
required ten years of city service shall have been credited to
the member over a period of not to exceed fifteen years
immediately preceding retirement, within three months after
the discontinuance of city service, or while physically or
mentally incapacitated for the performance of duty, if such
incapacity has been continuous from discontinuance of city
service, shall be examined by a physician or surgeon,
appointed by the board of administration upon the applica[Title 41 RCW—page 140]
tion of the head of the office or department in which said
member is employed, or upon application of said member,
or a person acting in his behalf, stating that said member is
permanently and totally incapacitated, either physically or
mentally, for the performance of duty and ought to be
retired. If such medical examination shows, to the satisfaction of the board, that the said member is permanently and
totally incapacitated either physically or mentally for the
performance of duty and ought to be retired, the board shall
retire the said member for disability forthwith.
(2) The board shall secure such medical services and
advice as it may deem necessary to carry out the purpose of
this section and of RCW 41.28.160, and shall pay for such
medical services and advice such compensation as the board
shall deem reasonable. [1939 c 207 § 15; RRS § 9592-115.]
41.28.150 Disability retirement allowances—
Grounds for denial. (1) Upon retirement for disability, as
hereinabove provided: PROVIDED, The disability is not
due to intemperance, wilful misconduct or violation of law,
of which the board shall be the judge, a member shall
receive a retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement.
(b) A pension purchased by the contributions of the city,
which, together with his annuity provided by his accumulated normal contributions, shall make the retirement allowance, exclusive of the annuity provided by his additional
contributions equal to (i) one and one-fourth percent of his
final compensation multiplied by the number of years of
service which would be creditable to him were his services
to continue until attainment by him of age sixty-two. The
minimum disability retirement allowance shall be nine
hundred sixty dollars per year.
(2) If disability is due to intemperance, wilful misconduct or violation of law on the part of the member, the board
of administration in its discretion may pay to said member
in one lump sum, his accumulated contributions, in lieu of
a retirement allowance, and such payment shall constitute
full satisfaction of all obligations of the city to such member,
and upon receipt of such payment he shall cease to be a
member of the retirement system.
(3) Upon the death of a member while in receipt of a
disability retirement allowance, his accumulated contributions, as they were at the date of his retirement, less any
annuity payments made to him, shall be paid to his estate, or
to such persons having an insurable interest in his life as he
shall have nominated by written designation duly executed
and filed with the board. [1963 c 91 § 2; 1961 c 260 § 2;
1939 c 207 § 16; RRS § 9592-116.]
41.28.160 Physical examination of disabled members—Reentry. (1) The board of administration may at its
pleasure require any disability beneficiary under age sixtytwo years to undergo medical examination to be made by a
physician or surgeon appointed by the board, at a place to be
designated by the board. Upon the basis of such examination the board shall determine whether such disability beneficiary is still totally and permanently incapacitated either
mentally or physically for service in the office or department
of the city where he was employed or in any other city
(2002 Ed.)
Retirement of Personnel in Certain First Class Cities
service for which he is qualified. If the board of administration shall determine that said beneficiary is not so
incapacitated, his retirement allowance shall be canceled and
he shall be reinstated forthwith in the city service.
(2) Should a disability beneficiary reenter the city
service and be eligible for membership in the retirement
system in accordance with RCW 41.28.030(1), his retirement
allowance shall be canceled and he shall immediately
become a member of the retirement system, his rate of
contribution for future years being that established for his
age at the time of reentry. His individual account shall be
credited with his accumulated contributions less the annuity
payments made to him. An amount equal to the accumulated normal contributions so credited to him shall again be
held for the benefit of said member and shall no longer be
included in the amounts available to meet the obligations of
the city on account of benefits that have been granted and on
account of prior service of members. Such member shall
receive credit for prior service in the same manner as if he
had never been retired for disability.
(3) Should any disability beneficiary under age sixtytwo years refuse to submit to medical examination, his
pension may be discontinued until his withdrawal of such
refusal, and should refusal continue for one year, his
retirement allowance may be canceled. Should said disability beneficiary, prior to attaining age sixty-two years, engage
in a gainful occupation not in city service, or should he reenter the city service and be ineligible for membership in the
retirement system in accordance with RCW 41.28.030(2), the
board of administration shall reduce the amount of his
retirement allowance to an amount, which when added to the
compensation earned by him in such occupation shall not
exceed the amount of the final compensation on the basis of
which his retirement allowance was determined. Should the
earning capacity of such beneficiary be further altered, the
board may further alter his retirement allowance to an
amount which shall not exceed the amount upon which he
was originally retired, but which, subject to such limitation
shall equal, when added to the compensation earned by him,
the amount of his final compensation on the basis of which
his retirement allowance was determined. When said
disability beneficiary reaches the age of sixty-two years, his
retirement allowance shall be made equal to the amount
upon which he was originally retired, and shall not again be
modified for any cause except as provided in RCW
41.28.220.
(4) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance
into the city service he shall be paid his accumulated
contributions, less annuity payments made to him. [1939 c
207 § 17; RRS § 9592-117.]
41.28.170 Optional allowances. A member may elect
to receive, in lieu of the retirement allowance provided for
in RCW 41.28.130, its actuarial equivalent in the form of a
lesser retirement allowance, payable in accordance with the
terms and conditions of one of the options set forth below in
this section. Election of any option must be made by written
application filed with the board of administration at least
thirty days in advance of retirement as provided in RCW
(2002 Ed.)
41.28.160
41.28.120, and shall not be effective unless approved by the
board prior to retirement of the member.
Option A. The lesser retirement allowance shall be
payable to the member throughout his life: PROVIDED,
That if he die before he receive in annuity payments referred
to in RCW 41.28.130(1)(a), a total amount equal to the
amount of his accumulated contributions as it was at the date
of his retirement, the balance of such accumulated contributions shall be paid in one sum to his estate or to such person
having an insurable interest in his life as he shall nominate
by written designation duly executed and filed with the
board.
Option B. The lesser retirement allowance shall be
payable to a member throughout his life: PROVIDED, That
if he die before he receive in annuity payments referred to
in RCW 41.28.130(1)(a), a total amount equal to the amount
of his accumulated contributions as it was at the date of his
retirement, the said annuity payments resulting from his
accumulated contributions shall be continued and paid to his
estate or such person, having an insurable interest in his life,
as he shall nominate by written designation duly executed
and filed with the board until the total amount of annuity
payments shall equal the amount of his accumulated contributions as it was at the date of his retirement.
Option C. The member shall elect a "guaranteed
period" of any number of years. If he dies before the lesser
retirement allowance has been paid to him for the number of
years elected by him as the "guaranteed period", the lesser
retirement allowance shall be continued to the end of the
"guaranteed period", and during such continuation shall be
paid to his estate or to such person having an insurable
interest in his life as he shall nominate by written designation duly executed and filed with the board.
Option D. The lesser retirement allowance shall be
payable to the member throughout life, and after the death
of the member, one-half of the lesser retirement allowance
shall be continued throughout the life of and paid to the wife
or husband of the member.
Option E. The lesser retirement allowance shall be
payable to the member throughout life, and after death of the
member it shall be continued throughout the life of and paid
to the wife or husband of the member. [1967 c 185 § 5;
1963 c 91 § 3; 1939 c 207 § 18; RRS § 9592-118.]
41.28.180 Payments on death of unretired members.
Upon the death of any person who has not been retired,
pursuant to the provisions of this chapter, there shall be paid
to his estate, or to such persons having an insurable interest
in his life as he shall have nominated by written designation
duly executed and filed with the board, his accumulated
contributions less any payments therefrom already made to
him, if any. [1939 c 207 § 19; RRS § 9592-119.]
41.28.190 Payments to be made monthly. A pension
annuity or a retirement allowance granted under the provisions of this chapter, unless otherwise specified herein, shall
be payable in monthly installments, and each installment
shall cover for the current calendar month. [1939 c 207 §
20; RRS § 9592-120.]
[Title 41 RCW—page 141]
41.28.200
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.28.200 Exemption from process—Rights not
assignable. The right of a person to a pension, an annuity
or a retirement allowance, to the return of contributions, the
pension, annuity or retirement allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter shall not be subject to
execution, garnishment, attachment, or any other process
whatsoever and shall be unassignable except as in this
chapter specifically provided. [1939 c 207 § 21; RRS §
9592-121.]
41.28.220 Suspension of allowances during other
public aid. The payment of any retirement allowance to a
member who has been retired from service shall be suspended during the time that the beneficiary is in receipt of other
pension or of other compensation for state or public service
paid from direct or indirect state or municipal taxes or
revenues of publicly owned utilities, except as to the amount
by which such retirement allowance may exceed such
compensation for the same period. [1939 c 207 § 23; RRS
§ 9592-123.]
41.28.205 Benefits payable in accordance with court
decree or order of dissolution or legal separation.
Benefits under this chapter shall be payable to a spouse or
ex-spouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation. [1979
ex.s. c 205 § 9.]
41.28.230 Administrative expense. The city council
or city commission shall appropriate annually from the
retirement fund the amount it deems necessary for the
purpose of paying the expenses of administering the retirement system. The board of administration shall annually
submit to the city council or city commission its estimate of
the amount necessary to pay such expenses. The preliminary
cost of establishment of said retirement system, such as
clerical help and actuarial survey costs, etc., shall be paid by
the department or departments affected. [1939 c 207 § 24;
RRS § 9592-124.]
41.28.207 Payments to spouse or ex spouse pursuant to court order. (1) If the board of administration
makes payments to a spouse or ex spouse to the extent
expressly provided for in any court decree of dissolution or
legal separation or in any court order or court-approved
property settlement agreement incident to a court decree of
dissolution or legal separation, it shall be a sufficient answer
to any claim of a beneficiary against the board of administration or the retirement system for the board of administration
to show that the payments were made pursuant to a court
decree.
(2) All payments made to a nonmember spouse or ex
spouse pursuant to RCW 41.28.205 shall cease upon the
death of such a nonmember spouse or ex spouse. Upon such
a death, the board of administration shall pay to the member
his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.28.205 and this section
shall apply to all court decrees of dissolution or legal
separation and court-approved property settlement agreements, regardless of when entered, but shall apply only to
those persons who have actually retired or who have
requested withdrawal of any or all of their accumulated
contributions: PROVIDED, That the board of administration
shall not be responsible for making court-ordered divisions
of withdrawals unless the order is filed with the board at
least thirty days before the withdrawal payment date. [1987
c 326 § 20.]
Effective date—1987 c 326: See RCW 41.50.901.
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW
41.50.500 through 41.50.660.
41.28.210 Estimates of service, compensation, or
age. If it shall be impracticable for the board of administration to determine from the records the length of service, the
compensation, or the age of any member, the said board may
estimate for the purpose of this chapter, such length of service, compensation or age. [1939 c 207 § 22; RRS § 9592122.]
[Title 41 RCW—page 142]
41.28.240 Existing systems preserved. Nothing in
this chapter shall repeal, supersede, alter, amend or be
regarded as a substitute for any existing retirement or
pension system, duly established by city ordinance. [1939
c 207 § 28; RRS § 9592-128.]
41.28.900 Severability—1939 c 207. If any one or
more sections, subsections, subdivisions, sentences, clauses
or phrases of this chapter are for any reason held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining portions of this chapter, but the
same shall remain in full force and effect. [1939 c 207 §
25; RRS § 9592-125.]
41.28.910 Repeal. All laws and parts of laws in
conflict herewith be and the same are hereby repealed.
[1939 c 207 § 26.]
41.28.920 Effective date—1939 c 207. The retirement system shall become effective on July 1, 1939, as
provided in RCW 41.28.020. [1939 c 207 § 27.]
Chapter 41.31
EXTRAORDINARY INVESTMENT GAINS—PLAN 1
Sections
41.31.010
41.31.020
41.31.030
Annual pension increases—Increased by gain-sharing increase amount.
Gain-sharing increase amount calculated.
Contractual right to increase not granted.
41.31.010 Annual pension increases—Increased by
gain-sharing increase amount. Beginning July 1, 1998,
and on January 1st of even-numbered years thereafter, the
annual increase amount as defined in RCW 41.32.010 and
41.40.010 shall be increased by the gain-sharing increase
amount, if any. The monthly retirement allowance of a
(2002 Ed.)
Extraordinary Investment Gains—Plan 1
person in receipt of the benefit provided in RCW 41.32.489
or 41.40.197 shall immediately be adjusted to reflect any
increase. [1998 c 340 § 1.]
Effective date—1998 c 340: "Except for section 13 of this act, this
act is necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and takes effect immediately [April 3, 1998]." [1998 c 340 §
14.]
41.31.020 Gain-sharing increase amount calculated.
(1) The gain-sharing increase amount shall be the amount of
increase, rounded to the nearest cent, that can be fully
funded in actuarial present value by the amount of extraordinary investment gains, if any. The amount of extraordinary
investment gains shall be calculated as follows:
(a) One-half of the sum of the value of the net assets
held in trust for pension benefits in the teachers’ retirement
system plan 1 fund and the public employees’ retirement
system plan 1 fund at the close of the previous state fiscal
year;
(b) Multiplied by the amount which the compound
average of investment returns on those assets over the
previous four state fiscal years exceeds ten percent.
(2) The gain-sharing increase amount for July 1998, as
provided for in RCW 41.31.010, is ten cents. [1998 c 340
§ 2.]
Effective date—1998 c 340: See note following RCW 41.31.010.
41.31.030 Contractual right to increase not granted.
The legislature reserves the right to amend or repeal this
chapter in the future and no member or beneficiary has a
contractual right to receive this postretirement adjustment not
granted prior to that amendment or repeal. [1998 c 340 § 3.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Chapter 41.31A
EXTRAORDINARY INVESTMENT GAINS—PLAN 3
Sections
41.31A.010 Definitions.
41.31A.020 Extraordinary investment gain—Credited to member accounts—Persons eligible—Calculation of amount—
Contractual right not granted.
41.31A.030 Retroactive extraordinary investment gain—Credited to
member accounts—Persons eligible—Calculation of
amount—Contractual right not granted.
41.31A.040 Retroactive extraordinary investment gain—Credited to
member accounts—Persons eligible—Calculation of
amount—Contractual right not granted.
41.31A.010 Definitions. The definitions in this
section apply throughout this chapter unless the context
requires otherwise.
(1) "Actuary" means the state actuary or the office of
the state actuary.
(2) "Department" means the department of retirement
systems.
(3) "Teacher" means any employee included in the
membership of the teachers’ retirement system as provided
for in chapter 41.32 RCW.
(4) "Member account" or "member’s account" means the
sum of any contributions as provided for in chapter 41.34
RCW and the earnings on behalf of the member.
(2002 Ed.)
41.31.010
(5) "Classified employee" means the same as in RCW
41.35.010.
(6) "Public employee" means the same as "member" as
defined in RCW 41.40.010(5). [2000 c 247 § 407; 1998 c
341 § 311.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.020 Extraordinary investment gain—
Credited to member accounts—Persons eligible—
Calculation of amount—Contractual right not granted.
(Effective until January 1, 2004.) (1) On January 1, 2002,
and on January 1st of even-numbered years thereafter, the
member account of a person meeting the requirements of this
section shall be credited by the extraordinary investment gain
amount.
(2) The following persons shall be eligible for the
benefit provided in subsection (1) of this section:
(a) Any member of the teachers’ retirement system plan
3 or the Washington school employees’ retirement system
plan 3 who earned service credit during the twelve-month
period from September 1st to August 31st immediately
preceding the distribution and had a balance of at least one
thousand dollars in their member account on August 31st of
the year immediately preceding the distribution; or
(b) Any person in receipt of a benefit pursuant to RCW
41.32.875 or 41.35.680; or
(c) Any person who is a retiree pursuant to RCW
41.34.020(8) and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(d) Any teacher who is a retiree pursuant to RCW
41.34.020(8) and who has completed five service credit years
by July 1, 1996, under plan 2 and who transferred to plan 3
under RCW 41.32.817; or
(e) Any classified employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(f) Any person who had a balance of at least one
thousand dollars in their member account on August 31st of
the year immediately preceding the distribution and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(g) Any teacher who had a balance of at least one
thousand dollars in their member account on August 31st of
the year immediately preceding the distribution and who has
completed five service credit years by July 1, 1996, under
plan 2 and who transferred to plan 3 under RCW 41.32.817;
or
(h) Any classified employee who had a balance of at
least one thousand dollars in their member account on
August 31st of the year immediately preceding the distribution and who has completed five service credit years by
September 1, 2000, and who transferred to plan 3 under
RCW 41.35.510.
(3) The extraordinary investment gain amount shall be
calculated as follows:
[Title 41 RCW—page 143]
41.31A.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) One-half of the sum of the value of the net assets
held in trust for pension benefits in the teachers’ retirement
system combined plan 2 and 3 fund and the Washington
school employees’ retirement system combined plan 2 and
3 fund at the close of the previous state fiscal year not
including the amount attributable to member accounts;
(b) Multiplied by the amount which the compound
average of investment returns on those assets over the
previous four state fiscal years exceeds ten percent;
(c) Multiplied by the proportion of:
(i) The sum of the service credit on August 31st of the
previous year of all persons eligible for the benefit provided
in subsection (1) of this section; to
(ii) The sum of the service credit on August 31st of the
previous year of:
(A) All persons eligible for the benefit provided in
subsection (1) of this section;
(B) Any person who earned service credit in the
teachers’ retirement system plan 2 or the Washington school
employees’ retirement system plan 2 during the twelvemonth period from September 1st to August 31st immediately preceding the distribution;
(C) Any person in receipt of a benefit pursuant to RCW
41.32.765 or 41.35.420; and
(D) Any person with five or more years of service in
the teachers’ retirement system plan 2 or the Washington
school employees’ retirement system plan 2;
(d) Divided proportionally among persons eligible for
the benefit provided in subsection (1) of this section on the
basis of their service credit total on August 31st of the
previous year.
(4) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to receive this distribution not granted
prior to that time. [1998 c 341 § 312.]
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.020 Extraordinary investment gain—
Credited to member accounts—Persons eligible—
Calculation of amount—Contractual right not granted.
(Effective January 1, 2004.) (1) On January 1, 2004, and
on January 1st of even-numbered years thereafter, the
member account of a person meeting the requirements of this
section shall be credited by the extraordinary investment gain
amount.
(2) The following persons shall be eligible for the
benefit provided in subsection (1) of this section:
(a) Any member of the teachers’ retirement system plan
3, the Washington school employees’ retirement system plan
3, or the public employees’ retirement system plan 3 who
earned service credit during the twelve-month period from
September 1st to August 31st immediately preceding the
distribution and had a balance of at least one thousand
dollars in their member account on August 31st of the year
immediately preceding the distribution; or
(b) Any person in receipt of a benefit pursuant to RCW
41.32.875, 41.35.680, or 41.40.820; or
(c) Any person who is a retiree pursuant to RCW
41.34.020(8) and who:
(i) Completed ten service credit years; or
[Title 41 RCW—page 144]
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(d) Any teacher who is a retiree pursuant to RCW
41.34.020(8) and who has completed five service credit years
by July 1, 1996, under plan 2 and who transferred to plan 3
under RCW 41.32.817; or
(e) Any classified employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(f) Any public employee who is a retiree pursuant to
RCW 41.40.010(29) and who has completed five service
credit years by March 1, 2002, and who transferred to plan
3 under RCW 41.40.795; or
(g) Any person who had a balance of at least one
thousand dollars in their member account on August 31st of
the year immediately preceding the distribution and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(h) Any teacher who had a balance of at least one
thousand dollars in their member account on August 31st of
the year immediately preceding the distribution and who has
completed five service credit years by July 1, 1996, under
plan 2 and who transferred to plan 3 under RCW 41.32.817;
or
(i) Any classified employee who had a balance of at
least one thousand dollars in their member account on
August 31st of the year immediately preceding the distribution and who has completed five service credit years by
September 1, 2000, and who transferred to plan 3 under
RCW 41.35.510; or
(j) Any public employee who had a balance of at least
one thousand dollars in their member account on August
31st of the year immediately preceding the distribution and
who has completed five service credit years by March 1,
2002, and who transferred to plan 3 under RCW 41.40.795.
(3) The extraordinary investment gain amount shall be
calculated as follows:
(a) One-half of the sum of the value of the net assets
held in trust for pension benefits in the teachers’ retirement
system combined plan 2 and 3 fund, the Washington school
employees’ retirement system combined plan 2 and 3 fund,
and the public employees’ retirement system combined plan
2 and 3 fund at the close of the previous state fiscal year not
including the amount attributable to member accounts;
(b) Multiplied by the amount which the compound
average of investment returns on those assets over the
previous four state fiscal years exceeds ten percent;
(c) Multiplied by the proportion of:
(i) The sum of the service credit on August 31st of the
previous year of all persons eligible for the benefit provided
in subsection (1) of this section; to
(ii) The sum of the service credit on August 31st of the
previous year of:
(A) All persons eligible for the benefit provided in
subsection (1) of this section;
(B) Any person who earned service credit in the
teachers’ retirement system plan 2, the Washington school
employees’ retirement system plan 2, or the public
employees’ retirement system plan 2 during the twelve(2002 Ed.)
Extraordinary Investment Gains—Plan 3
month period from September 1st to August 31st immediately preceding the distribution;
(C) Any person in receipt of a benefit pursuant to RCW
41.32.765, 41.35.420, or 41.40.630; and
(D) Any person with five or more years of service in
the teachers’ retirement system plan 2, the Washington
school employees’ retirement system plan 2, or the public
employees’ retirement system plan 2;
(d) Divided proportionally among persons eligible for
the benefit provided in subsection (1) of this section on the
basis of their service credit total on August 31st of the
previous year.
(4) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to receive this distribution not granted
prior to that time. [2000 c 247 § 408; 1998 c 341 § 312.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.030 Retroactive extraordinary investment
gain—Credited to member accounts—Persons eligible—
Calculation of amount—Contractual right not granted.
(1) On March 1, 2001, the member account of a person
meeting the requirements of this section shall be credited by
the 1998 retroactive extraordinary investment gain amount
and the 2000 retroactive extraordinary investment gain
amount.
(2) The following persons shall be eligible for the
benefits provided in subsection (1) of this section:
(a) Any classified employee who earned service credit
during the twelve-month period from September 1st to
August 31st immediately preceding the distribution and who
transferred to plan 3 under RCW 41.35.510; or
(b) Any classified employee in receipt of a benefit
pursuant to RCW 41.35.680 and who has completed five
service credit years by September 1, 2000, and who transferred to plan 3 under RCW 41.35.510; or
(c) Any classified employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(d) Any classified employee who has a balance of at
least one thousand dollars in his or her member account and
who has completed five service credit years by September 1,
2000, and who transferred to plan 3 under RCW 41.35.510.
(3) The 1998 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid to members of the teachers’ retirement system
plan 3 pursuant to section 309, chapter 341, Laws of 1998
in 1998;
(b) Distributed to persons eligible for the benefit
provided in subsection (1) of this section on the basis of
their service credit total on August 31, 1997.
(4) The 2000 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid to members of the teachers’ retirement system
plan 3 pursuant to section 309, chapter 341, Laws of 1998
in 2000;
(2002 Ed.)
41.31A.020
(b) Distributed to persons eligible for the benefit
provided in subsection (1) of this section on the basis of
their service credit total on August 31, 1999.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to receive this distribution not granted
prior to that time. [1998 c 341 § 313.]
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.040 Retroactive extraordinary investment
gain—Credited to member accounts—Persons eligible—
Calculation of amount—Contractual right not granted.
(1) On June 1, 2003, the member account of a person
meeting the requirements of this section shall be credited by
the 2000 retroactive extraordinary investment gain amount
and the 2002 retroactive extraordinary investment gain
amount.
(2) The following persons shall be eligible for the
benefits provided in subsection (1) of this section:
(a) Any public employee who earned service credit
during the twelve-month period from September 1st to
August 31st immediately preceding the distribution and who
transferred to plan 3 under RCW 41.40.795; or
(b) Any public employee in receipt of a benefit pursuant
to RCW 41.40.820 and who has completed five service
credit years by September 1, 2002, and who transferred to
plan 3 under RCW 41.40.795; or
(c) Any public employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2002, and who transferred to
plan 3 under RCW 41.40.795; or
(d) Any public employee who has a balance of at least
one thousand dollars in either his or her member account or
in plan 2 accumulated contributions and who has completed
five service credit years by September 1, 2002, and who
transferred to plan 3 under RCW 41.40.795.
(3) The 2000 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid in 2000 to members of the teachers’ retirement
system plan 3 under section 309, chapter 341, Laws of 1998;
(b) Distributed to persons eligible for the benefit in
subsection (1) of this section on the basis of their service
credit total on July 1, 1999.
(4) The 2002 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid in 2002 to members of the teachers’ retirement
system plan 3 and the school employees’ retirement system
plan 3 under RCW 41.31A.020;
(b) Distributed to persons eligible for the benefit
provided in subsection (1) of this section on the basis of
their service credit total on July 1, 2001.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to receive this distribution not granted
prior to that time. [2000 c 247 § 409.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
[Title 41 RCW—page 145]
Chapter 41.32
Title 41 RCW: Public Employment, Civil Service, and Pensions
Chapter 41.32
TEACHERS’ RETIREMENT
41.32.523
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.32.540
41.32.550
41.32.005
41.32.010
41.32.013
41.32.555
41.32.020
41.32.025
41.32.032
41.32.035
41.32.042
41.32.044
41.32.052
41.32.054
41.32.055
41.32.062
41.32.063
41.32.064
41.32.065
41.32.067
Provisions applicable to "plan 1," "plan 2," and "plan 3."
Definitions.
Substitute teachers—Application for service credit—
Procedures.
Name of system.
Department’s power to determine eligibility.
Membership in system—Service credit of educational staff
associates.
Employer contribution rates—Computation and payment.
Validity of deductions—Interest.
Retired teacher may reenter system—Benefit limitations.
Exemption from taxation and judicial process—
Exceptions—Nonassignability—Deductions authorized.
Disability retirement—Criminal conduct.
Falsification—Penalty.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Election to use out-of-state service credit to calculate time at
which the member may retire.
Purchase of additional benefits—Conditions.
41.32.530
41.32.570
41.32.570
"PLAN 2"
41.32.755
41.32.760
41.32.762
41.32.765
41.32.770
41.32.780
41.32.785
41.32.790
41.32.795
41.32.800
"PLAN 1"
41.32.215
41.32.240
41.32.260
41.32.263
41.32.267
41.32.270
41.32.300
41.32.310
41.32.330
41.32.340
41.32.345
41.32.350
41.32.360
41.32.366
41.32.380
41.32.390
41.32.470
41.32.480
41.32.485
41.32.4851
41.32.4872
41.32.489
41.32.4931
41.32.4945
41.32.497
41.32.498
41.32.4986
41.32.4991
41.32.500
41.32.510
41.32.520
41.32.522
Provisions applicable to plan 1.
Membership in system.
Credit for military service or as state legislator.
State legislators and state officials eligible for retirement
benefits.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Teaching service, how credited.
Limitation on credit for out-of-state service.
Time limit for claiming service credit—Payments.
Credit for professional preparation subsequent to becoming
teacher.
Creditable service, what to consist of.
"Earnable compensation" defined for certain part-time employees—Adoption of rules.
Purchase of additional annuity.
Basis of contributions to disability reserve fund.
Basis of contributions to death benefit fund.
Source of pension reserve—Contributions.
Contributions for prior service credits.
Eligibility for retirement allowance.
Qualifications for retirement.
Minimum retirement allowance—Cost-of-living adjustment—Post-retirement adjustment—Computation.
Minimum retirement allowance—Annual adjustment—
Persons who become beneficiaries after June 30, 1995.
Permanent increase for specified beneficiaries age seventy or
over.
Retirement allowance—Annual increases—Eligibility.
Additional special pension for former members not receiving
social security.
Limitation as to earnable compensation of member as member of the legislature.
Retirement allowance for members entering system before
April 25, 1973—Election.
Retirement allowance for members entering system after
April 25, 1973, or in lieu of allowance under RCW
41.32.497.
Members with thirty years of service—Irrevocable election.
Permanent retirement allowance adjustment.
Termination of membership.
Payment on withdrawal—Reentry.
Payment on death before retirement or within sixty days
following application for disability retirement.
Death benefits.
[Title 41 RCW—page 146]
Death benefits—Members not qualified for benefits under
RCW 41.32.522 and retired former members.
Options available—Retirement allowance adjustment—
Court-approved property settlement.
Disability allowance—Temporary.
Options and allowances on report that disability will be
permanent—Reexamination.
Persons with annual half-time contracts—Eligibility for
benefits under RCW 41.32.550.
Postretirement employment—Reduction or suspension of
pension payments (as amended by 2001 c 317).
Postretirement employment—Reduction or suspension of
pension payments (as amended by 2001 2nd sp.s. c 10).
41.32.802
41.32.805
41.32.810
41.32.812
41.32.815
41.32.817
41.32.818
41.32.820
41.32.825
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Post-retirement cost-of-living.
Teachers required to be members.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Eligibility—Disposition upon
death of recipient.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Death benefits.
Service credit for paid leave of absence, officers of labor
organizations, unpaid leave of absence, military service.
Service credit for half-time employment from October 1,
1977, through December 31, 1986.
Vested membership.
Transfer to plan 3—Irrevocable option.
Public employees’ retirement system members who previously declined membership in the teachers’ retirement
system—Transfer to plan 3—Irrevocable option.
Refund of contributions on termination.
Reentry.
"PLAN 3"
41.32.831
41.32.835
41.32.840
41.32.8401
41.32.845
41.32.851
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 3.
Computation of the retirement allowance.
Additional payment.
Postretirement cost-of-living allowance.
Options for payment of retirement allowances—Court-approved property settlement.
41.32.855 Application for and effective date of retirement allowances.
41.32.860 Suspension of retirement allowance upon reemployment—
Reinstatement.
41.32.862 Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
41.32.865 Service credit for paid leave of absence, officers of labor
organizations, unpaid leave of absence, military service.
41.32.867 Purchased service credit—Allocation.
41.32.870 Lump sum payments—Reentry.
41.32.875 Retirement eligibility.
41.32.880 Earned disability allowance—Eligibility—Disposition upon
death of recipient.
41.32.892 Restored, purchased service credit under plan 2—Transfer to
plan 3.
41.32.895 Death benefits.
Numerical designations—1998 c 341: See note following chapter
41.26 RCW digest.
Prior acts relating to teachers’ retirement: (1) 1943 c 116; 1941
c 97; 1939 c 86, 40; 1937 c 221 (repealed by 1947 c 80 § 70).
(2) 1931 c 115; 1923 c 187; 1919 c 150; 1917 c 163 (repealed by
1937 c 221 § 14).
(2002 Ed.)
Teachers’ Retirement
Employee salary or compensation—Limitations respecting: RCW
28A.400.220.
Portability of public retirement benefits: Chapter 41.54 RCW.
Teachers in state correctional facilities as members of teachers’ retirement
fund: RCW 72.01.200.
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2,
AND PLAN 3"
41.32.005 Provisions applicable to "plan 1," "plan
2," and "plan 3." RCW 41.32.010 through 41.32.067 shall
apply to members of plan 1, plan 2, and plan 3. [1995 c
239 § 101; 1992 c 72 § 4; 1991 c 35 § 30; 1990 c 274 § 16.
Prior: 1989 c 273 § 15; 1989 c 272 § 4; 1977 ex.s. c 293 §
19.]
Effective date—1995 c 239: "This act shall take effect July 1, 1996,
except that sections 301 and 302 of this act shall take effect immediately
[March 13, 1996]." [1996 c 39 § 23; 1995 c 239 § 327.]
Part and subchapter headings not law—1995 c 239: "Part headings
and subchapter headings as used in this act constitute no part of the law."
[1995 c 239 § 328.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Severability—1989 c 273: See RCW 41.45.900.
Purpose—1989 c 272: "The legislature recognizes that inflation
erodes the purchasing power of retirement benefits. Although the benefit
provided to state retirees from social security is fully protected, the benefits
provided by the public employees’ retirement system, plan 1, and the
teachers’ retirement system, plan 1 provide an automatic cost-of-living
adjustment only for persons who receive the minimum benefit.
The purpose of this act is to add provisions to the teachers’ retirement
system and the public employees’ retirement system which will help
mitigate the impact of inflation on retirees of those systems. These
additional provisions are intended to reflect and implement the following
policies:
(1) The minimum benefit is increased in order to provide a more
adequate basic standard of living to persons who retired long ago under
lower salaries and less generous retirement benefit formulas; and
(2) Retirees whose benefits have lost forty percent of their purchasing
power are made eligible for automatic adjustments which are provided in a
manner that is consistent with the retirement age and benefit provisions of
plan 2 of the teachers’ retirement system and the public employees’
retirement system." [1989 c 272 § 1.]
Effective date—Severability—1977 ex.s. c 293: See notes following
RCW 41.32.755.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.010 Definitions. As used in this chapter, unless
a different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan 1 members,
means the sum of all regular annuity contributions and,
except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with
regular interest thereon.
(b) "Accumulated contributions" for plan 2 members,
means the sum of all contributions standing to the credit of
a member in the member’s individual account, including any
amount paid under RCW 41.50.165(2), together with the
regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality tables
and regulations as shall be adopted by the director and
regular interest.
(2002 Ed.)
Chapter 41.32
(3) "Annuity" means the moneys payable per year
during life by reason of accumulated contributions of a
member.
(4) "Member reserve" means the fund in which all of
the accumulated contributions of members are held.
(5)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance or other benefit
provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other
benefit provided by this chapter resulting from service
rendered to an employer by another person.
(6) "Contract" means any agreement for service and
compensation between a member and an employer.
(7) "Creditable service" means membership service plus
prior service for which credit is allowable. This subsection
shall apply only to plan 1 members.
(8) "Dependent" means receiving one-half or more of
support from a member.
(9) "Disability allowance" means monthly payments
during disability. This subsection shall apply only to plan 1
members.
(10)(a) "Earnable compensation" for plan 1 members,
means:
(i) All salaries and wages paid by an employer to an
employee member of the retirement system for personal
services rendered during a fiscal year. In all cases where
compensation includes maintenance the employer shall fix
the value of that part of the compensation not paid in money.
(ii) "Earnable compensation" for plan 1 members also
includes the following actual or imputed payments, which
are not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the
equivalent of the salary or wages which the individual would
have earned during a payroll period shall be considered
earnable compensation and the individual shall receive the
equivalent service credit.
(B) If a leave of absence, without pay, is taken by a
member for the purpose of serving as a member of the state
legislature, and such member has served in the legislature
five or more years, the salary which would have been
received for the position from which the leave of absence
was taken shall be considered as compensation earnable if
the employee’s contribution thereon is paid by the employee.
In addition, where a member has been a member of the state
legislature for five or more years, earnable compensation for
the member’s two highest compensated consecutive years of
service shall include a sum not to exceed thirty-six hundred
dollars for each of such two consecutive years, regardless of
whether or not legislative service was rendered during those
two years.
(iii) For members employed less than full time under
written contract with a school district, or community college
district, in an instructional position, for which the member
receives service credit of less than one year in all of the
years used to determine the earnable compensation used for
computing benefits due under RCW 41.32.497, 41.32.498,
and 41.32.520, the member may elect to have earnable
compensation defined as provided in RCW 41.32.345. For
[Title 41 RCW—page 147]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
the purposes of this subsection, the term "instructional
position" means a position in which more than seventy-five
percent of the member’s time is spent as a classroom
instructor (including office hours), a librarian, or a counselor.
Earnable compensation shall be so defined only for the
purpose of the calculation of retirement benefits and only as
necessary to insure that members who receive fractional
service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received
full-time service credit.
(iv) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan 2 and plan 3
members, means salaries or wages earned by a member
during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred
under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States Internal Revenue Code,
but shall exclude lump sum payments for deferred annual
sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.
"Earnable compensation" for plan 2 and plan 3 members
also includes the following actual or imputed payments
which, except in the case of (b)(ii)(B) of this subsection, are
not paid for personal services:
(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the
equivalent of the salary or wages which the individual would
have earned during a payroll period shall be considered
earnable compensation, to the extent provided above, and the
individual shall receive the equivalent service credit.
(ii) In any year in which a member serves in the
legislature the member shall have the option of having such
member’s earnable compensation be the greater of:
(A) The earnable compensation the member would have
received had such member not served in the legislature; or
(B) Such member’s actual earnable compensation
received for teaching and legislative service combined. Any
additional contributions to the retirement system required
because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B)
of this subsection shall be paid by the member for both
member and employer contributions.
(11) "Employer" means the state of Washington, the
school district, or any agency of the state of Washington by
which the member is paid.
(12) "Fiscal year" means a year which begins July 1st
and ends June 30th of the following year.
(13) "Former state fund" means the state retirement fund
in operation for teachers under chapter 187, Laws of 1923,
as amended.
(14) "Local fund" means any of the local retirement
funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as
amended.
(15) "Member" means any teacher included in the
membership of the retirement system. Also, any other
[Title 41 RCW—page 148]
employee of the public schools who, on July 1, 1947, had
not elected to be exempt from membership and who, prior
to that date, had by an authorized payroll deduction, contributed to the member reserve.
(16) "Membership service" means service rendered
subsequent to the first day of eligibility of a person to
membership in the retirement system: PROVIDED, That
where a member is employed by two or more employers the
individual shall receive no more than one service credit
month during any calendar month in which multiple service
is rendered. The provisions of this subsection shall apply
only to plan 1 members.
(17) "Pension" means the moneys payable per year
during life from the pension reserve.
(18) "Pension reserve" is a fund in which shall be
accumulated an actuarial reserve adequate to meet present
and future pension liabilities of the system and from which
all pension obligations are to be paid.
(19) "Prior service" means service rendered prior to the
first date of eligibility to membership in the retirement
system for which credit is allowable. The provisions of this
subsection shall apply only to plan 1 members.
(20) "Prior service contributions" means contributions
made by a member to secure credit for prior service. The
provisions of this subsection shall apply only to plan 1
members.
(21) "Public school" means any institution or activity
operated by the state of Washington or any instrumentality
or political subdivision thereof employing teachers, except
the University of Washington and Washington State University.
(22) "Regular contributions" means the amounts required
to be deducted from the compensation of a member and
credited to the member’s individual account in the member
reserve. This subsection shall apply only to plan 1 members.
(23) "Regular interest" means such rate as the director
may determine.
(24)(a) "Retirement allowance" for plan 1 members,
means monthly payments based on the sum of annuity and
pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan 2 and plan 3
members, means monthly payments to a retiree or beneficiary as provided in this chapter.
(25) "Retirement system" means the Washington state
teachers’ retirement system.
(26)(a) "Service" for plan 1 members means the time
during which a member has been employed by an employer
for compensation.
(i) If a member is employed by two or more employers
the individual shall receive no more than one service credit
month during any calendar month in which multiple service
is rendered.
(ii) As authorized by RCW 28A.400.300, up to fortyfive days of sick leave may be creditable as service solely
for the purpose of determining eligibility to retire under
RCW 41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in
public schools may be applied solely for the purpose of
determining eligibility to retire under RCW 41.32.470.
(b) "Service" for plan 2 and plan 3 members, means
periods of employment by a member for one or more
(2002 Ed.)
Teachers’ Retirement
employers for which earnable compensation is earned subject
to the following conditions:
(i) A member employed in an eligible position or as a
substitute shall receive one service credit month for each
month of September through August of the following year if
he or she earns earnable compensation for eight hundred ten
or more hours during that period and is employed during
nine of those months, except that a member may not receive
credit for any period prior to the member’s employment in
an eligible position except as provided in RCW 41.32.812
and 41.50.132;
(ii) If a member is employed either in an eligible
position or as a substitute teacher for nine months of the
twelve month period between September through August of
the following year but earns earnable compensation for less
than eight hundred ten hours but for at least six hundred
thirty hours, he or she will receive one-half of a service
credit month for each month of the twelve month period;
(iii) All other members in an eligible position or as a
substitute teacher shall receive service credit as follows:
(A) A service credit month is earned in those calendar
months where earnable compensation is earned for ninety or
more hours;
(B) A half-service credit month is earned in those
calendar months where earnable compensation is earned for
at least seventy hours but less than ninety hours; and
(C) A quarter-service credit month is earned in those
calendar months where earnable compensation is earned for
less than seventy hours.
(iv) Any person who is a member of the teachers’
retirement system and who is elected or appointed to a state
elective position may continue to be a member of the retirement system and continue to receive a service credit month
for each of the months in a state elective position by making
the required member contributions.
(v) When an individual is employed by two or more
employers the individual shall only receive one month’s
service credit during any calendar month in which multiple
service for ninety or more hours is rendered.
(vi) As authorized by RCW 28A.400.300, up to fortyfive days of sick leave may be creditable as service solely
for the purpose of determining eligibility to retire under
RCW 41.32.470. For purposes of plan 2 and plan 3 "fortyfive days" as used in RCW 28A.400.300 is equal to two
service credit months. Use of less than forty-five days of
sick leave is creditable as allowed under this subsection as
follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(vii) As authorized in RCW 41.32.065, service earned
in an out-of-state retirement system that covers teachers in
public schools may be applied solely for the purpose of
determining eligibility to retire under RCW 41.32.470.
(viii) The department shall adopt rules implementing
this subsection.
(2002 Ed.)
41.32.010
(27) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(28) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(29) "Teacher" means any person qualified to teach who
is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state,
educational service district, and school district superintendents and their assistants and all employees certificated by
the superintendent of public instruction; and in addition
thereto any full time school doctor who is employed by a
public school and renders service of an instructional or
educational nature.
(30) "Average final compensation" for plan 2 and plan
3 members, means the member’s average earnable compensation of the highest consecutive sixty service credit months
prior to such member’s retirement, termination, or death.
Periods constituting authorized leaves of absence may not be
used in the calculation of average final compensation except
under RCW 41.32.810(2).
(31) "Retiree" means any person who has begun
accruing a retirement allowance or other benefit provided by
this chapter resulting from service rendered to an employer
while a member.
(32) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(33) "Director" means the director of the department.
(34) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(35) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(36) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as
a temporary teacher, except for teachers who are annual
contract employees of an employer and are guaranteed a
minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions
for more than one employer or (ii) work in an ineligible
position or positions together with an eligible position.
(37)(a) "Eligible position" for plan 2 members from
June 7, 1990, through September 1, 1991, means a position
which normally requires two or more uninterrupted months
of creditable service during September through August of the
following year.
(b) "Eligible position" for plan 2 and plan 3 on and after
September 1, 1991, means a position that, as defined by the
employer, normally requires five or more months of at least
seventy hours of earnable compensation during September
through August of the following year.
(c) For purposes of this chapter an employer shall not
define "position" in such a manner that an employee’s
monthly work for that employer is divided into more than
one position.
(d) The elected position of the superintendent of public
instruction is an eligible position.
(38) "Plan 1" means the teachers’ retirement system,
plan 1 providing the benefits and funding provisions covering persons who first became members of the system prior
to October 1, 1977.
[Title 41 RCW—page 149]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(39) "Plan 2" means the teachers’ retirement system,
plan 2 providing the benefits and funding provisions covering persons who first became members of the system on and
after October 1, 1977, and prior to July 1, 1996.
(40) "Plan 3" means the teachers’ retirement system,
plan 3 providing the benefits and funding provisions covering persons who first become members of the system on and
after July 1, 1996, or who transfer under RCW 41.32.817.
(41) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items
compiled by the bureau of labor statistics, United States
department of labor.
(42) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(43) "Index B" means the index for the year prior to
index A.
(44) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(45) "Adjustment ratio" means the value of index A
divided by index B.
(46) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the
nearest cent.
(47) "Member account" or "member’s account" for
purposes of plan 3 means the sum of the contributions and
earnings on behalf of the member in the defined contribution
portion of plan 3.
(48) "Separation from service or employment" occurs
when a person has terminated all employment with an
employer.
(49) "Employed" or "employee" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law. [1997 c 254 § 3; 1996 c 39 § 1. Prior: 1995 c 345 §
9; 1995 c 239 § 102; prior: 1994 c 298 § 3; 1994 c 247 §
2; 1994 c 197 § 12; 1993 c 95 § 7; prior: 1992 c 212 § 1;
1992 c 3 § 3; prior: 1991 c 343 § 3; 1991 c 35 § 31; 1990
c 274 § 2; 1987 c 265 § 1; 1985 c 13 § 6; prior: 1984 c
256 § 1; 1984 c 5 § 1; 1983 c 5 § 1; 1982 1st ex.s. c 52 §
6; 1981 c 256 § 5; 1979 ex.s. c 249 § 5; 1977 ex.s. c 293 §
18; 1975 1st ex.s. c 275 § 149; 1974 ex.s. c 199 § 1; 1969
ex.s. c 176 § 95; 1967 c 50 § 11; 1965 ex.s. c 81 § 1; 1963
ex.s. c 14 § 1; 1955 c 274 § 1; 1947 c 80 § 1; Rem. Supp.
1947 § 4995-20; prior: 1941 c 97 § 1; 1939 c 86 § 1; 1937
c 221 § 1; 1931 c 115 § 1; 1923 c 187 § 1; 1917 c 163 § 1;
Rem. Supp. 1941 § 4995-1.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Effective dates—1996 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1996, with the exception of section 23 of this act, which shall take effect
immediately [March 13, 1996]." [1996 c 39 § 25.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Intent—1994 c 298: See note following RCW 41.40.010.
[Title 41 RCW—page 150]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 274: "(1) The current system for calculating
service credit for school district employees is difficult and costly to
administer. By changing from the current hours per month calculation to
an hours per year calculation, the accumulation of service credit by school
district employees will be easier to understand and to administer.
(2) The current system for granting service credit for substitute
teachers is difficult and costly to administer. By notifying substitute
teachers of their eligibility for service credit and allowing the substitute
teacher to apply for service credit, the accumulation of service credit by
substitute teachers will be easier to understand and to administer.
(3) Currently, temporary employees in eligible positions in the public
employees’ retirement system are exempted from membership in the system
for up to six months. If the position lasts for longer than six months the
employee is made a member retroactively. This conditional exemption
causes tracking problems for the department of retirement systems and
places a heavy financial burden for back contributions on a temporary
employee who crosses the six-month barrier. Under the provisions of this
act all persons, other than retirees, who are hired in an eligible position will
become members immediately, thereby alleviating the problems described
in this section.
(4) The legislature finds that retirees from the plan 2 systems of the
law enforcement officers’ and fire fighters’ retirement system, the teachers’
retirement system, and the public employees’ retirement system, may not
work for a nonfederal public employer without suffering a suspension of
their retirement benefits. This fails to recognize the current and projected
demographics indicating the decreasing work force and that the expertise
possessed by retired workers can provide a substantial benefit to the state.
At the same time, the legislature recognizes that a person who is working
full time should have his or her pension delayed until he or she enters full
or partial retirement. By allowing plan 2 retirees to work in ineligible
positions, the competing concerns listed above are both properly addressed."
[1990 c 274 § 1.]
Intent—Reservation—1990 c 274 §§ 2, 4: "(1) The 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 are intended by the
legislature to effect administrative, rather than substantive, changes to the
affected retirement plan. The legislature therefore reserves the right to
revoke or amend the 1990 amendments to RCW 41.32.010(27)(b) and
41.40.450. No member is entitled to have his or her service credit
calculated under the 1990 amendments to RCW 41.32.010(27)(b) and
41.40.450 as a matter of contractual right.
(2) The department’s retroactive application of the changes made in
RCW 41.32.010(27)(b) to all service rendered between October 1, 1977, and
August 31, 1990, is consistent with the legislative intent of the 1990
changes to RCW 41.32.010(27)(b)." [1994 c 177 § 10; 1990 c 274 § 18.]
Effective date—1990 c 274: "Sections 1 through 8 of this act shall
take effect September 1, 1990." [1990 c 274 § 21.]
Construction—1990 c 274: "This act shall not be construed as
affecting any existing right acquired or liability or obligation incurred under
the sections amended or repealed in this act or under any rule or order
adopted under those sections, nor as affecting any proceeding instituted
under those sections." [1990 c 274 § 17.]
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Effective date—Severability—1977 ex.s. c 293: See notes following
RCW 41.32.755.
Emergency—1974 ex.s. c 199: "This 1974 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1974 ex.s. c 199 § 7.]
(2002 Ed.)
Teachers’ Retirement
41.32.010
Severability—1974 ex.s. c 199: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 199 § 8.]
Construction—1974 ex.s. c 199: "(1) Subsection (3) of section 4 of
this 1974 amendatory act relating to elected and appointed officials shall be
retroactive to January 1, 1973.
(2) Amendatory language contained in subsection (11) of section 1
relating to members as members of the legislature and in provisos (2) and
(3) of section 2 of this 1974 amendatory act shall only apply to those
members who are serving as a state senator, state representative or state
superintendent of public instruction on or after the effective date of this
1974 amendatory act.
(3) Notwithstanding any other provision of this 1974 amendatory act,
RCW 41.32.497 as last amended by section 2, chapter 189, Laws of 1973
1st ex. sess. shall be applicable to any member serving as a state senator,
state representative or superintendent of public instruction on the effective
date of this 1974 amendatory act." [1974 ex.s. c 199 § 5.]
Reviser’s note: (1) "Subsection (3) of section 4 of this 1974
amendatory act" is codified as RCW 41.32.498(3).
(2) Sections 1 and 2 of 1974 ex.s. c 199 consist of amendments to
RCW 41.32.010 and 41.32.260. For amendatory language, a portion of
which was vetoed, see the 1973-1974 session laws.
(3) "this 1974 amendatory act" [1974 ex.s. c 199] is codified in RCW
41.32.010, 41.32.260, 41.32.497, 41.32.498, and 41.32.4945. The effective
date of 1974 ex.s. c 199 is May 6, 1974.
Effective date—1969 ex.s. c 176: The effective date of the amendments to this section and RCW 41.32.420 is April 25, 1969.
Effective date—1967 c 50: "This 1967 amendatory act shall take
effect on July 1, 1967." [1967 c 50 § 12.]
Severability—1967 c 50: "If any provision of this 1967 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of this 1967 amendatory act, or the application of the provision
to other persons or circumstances is not affected." [1967 c 50 § 13.]
Severability—1965 ex.s. c 81: "If any provision of this act is held
to be invalid the remainder of this act shall not be affected." [1965 ex.s. c
81 § 9.]
Effective date—1965 ex.s. c 81: "The effective date of this act is
July 1, 1965." [1965 ex.s. c 81 § 10.]
Savings—1963 ex.s. c 14: "The amendment of any section by this
1963 act shall not be construed as impairing any existing right acquired or
any liability incurred by any member under the provisions of the section
amended; nor shall it affect any vested right of any former member who
reenters public school employment or becomes reinstated as a member
subsequent to the effective date of such act." [1963 ex.s. c 14 § 23.]
Severability—1963 ex.s. c 14: "If any provision of this act is held
to be invalid the remainder of the act shall not be affected." [1963 ex.s. c
14 § 24.]
Effective date—1963 ex.s. c 14: "The effective date of this act is
July 1, 1964." [1963 ex.s. c 14 § 26.]
the substitute teacher has made contributions under this
section.
(3) The department shall charge interest prospectively
on employee contributions that are submitted under this
section more than six months after the end of the school
year, as defined in RCW 28A.150.040, for which the substitute teacher is seeking service credit. The interest rate
charged to the employee shall take into account interest lost
on employer contributions delayed for more than six months
after the end of the school year.
(4) Each employer shall quarterly notify each substitute
teacher it has employed during the school year of the
number of hours worked by, and the compensation paid to,
the substitute teacher.
(5) The department shall adopt rules implementing this
section.
(6) If a substitute teacher as defined in RCW
41.32.010(36)(b)(ii) applies to the department under this
section for credit for earnable compensation earned from an
employer the substitute teacher must make contributions for
all periods of service for that employer. [1992 c 212 § 16;
1991 c 343 § 4; 1990 c 274 § 5.]
41.32.013 Substitute teachers—Application for
service credit—Procedures. Substitute teachers may apply
to the department to receive service credit or credit for
earnable compensation or both after the end of the last day
of instruction of the school year during which the service
was performed.
(1) The application must:
(a) Include a list of the employers the substitute teacher
has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(2) If the department accepts the substitute teacher’s
application for service credit, the substitute teacher may
obtain service credit by paying the required contribution to
the retirement system. The employer must pay the required
employer contribution upon notice from the department that
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
(2002 Ed.)
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Findings—Effective date—Construction—1990 c 274: See notes
following RCW 41.32.010.
41.32.020 Name of system. The name of the retirement system provided for in this chapter shall be the
"Washington State Teachers’ Retirement System" and by this
name all of its business shall be transacted and all of its
funds invested and all of its cash, securities and other
property held. [1947 c 80 § 2; Rem. Supp. 1947 § 4995-21.
Prior: 1937 c 221 § 2; Rem. Supp. 1941 § 4995-2.]
41.32.025 Department’s power to determine eligibility. The department is empowered within the limits of this
chapter and, with regard to restoration of service credit under
RCW 41.50.165(2), to decide on all questions of eligibility
covering membership, service credit, and benefits. [1994 c
197 § 13; 1991 c 35 § 35; 1955 c 274 § 3; 1947 c 80 § 16;
Rem. Supp. 1947 § 4995-35. Prior: 1941 c 97 § 2, part;
1937 c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part.
Formerly RCW 41.32.160.]
41.32.032 Membership in system—Service credit of
educational staff associates. (1) Any teacher, as defined
under RCW 41.32.010, who is first employed by a public
school on or after June 7, 1984, shall become a member of
the retirement system if otherwise eligible.
(2) Any person who before June 7, 1984, has established service credit under chapter 41.40 RCW while
employed in an educational staff associate position and who
is employed in such a position on or after June 7, 1984, has
the following options:
(a) To remain a member of the public employees’
retirement system notwithstanding the provisions of RCW
41.32.240 or 41.32.780; or
[Title 41 RCW—page 151]
41.32.032
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) To irrevocably elect to join the retirement system
under this chapter and to receive service credit for previous
periods of employment in any position included under RCW
41.32.010. This service credit and corresponding employee
contribution shall be computed as though the person had
then been a member of the retirement system under this
chapter. All employee contributions credited to a member
under chapter 41.40 RCW for service now to be credited to
the retirement system under this chapter shall be transferred
to the system and the member shall not receive any credit
nor enjoy any rights under chapter 41.40 RCW for those
periods of service. The member shall pay any difference
between the employee contributions made under chapter
41.40 RCW and transferred under this subsection and what
would have been required under this chapter, including
interest as set by the director. The member shall be given
until July 1, 1989, to make the irrevocable election permitted
under this section. The election shall be made by submitting
written notification as required by the department requesting
credit under this section and by remitting any necessary
proof of service or payments within the time set by the
department.
Any person, not employed as an educational staff
associate on June 7, 1984, may, before June 30 of the fifth
school year after that person’s return to employment as a
teacher, request and establish membership and credit under
this subsection. [1995 c 239 § 103; 1992 c 212 § 17; 1991
c 35 § 39; 1984 c 256 § 2. Formerly RCW 41.32.242.]
the individual for whose account the deductions from salary
were made. Regular interest shall be credited to each
member’s account at least annually. [1992 c 212 § 9; 1982
1st ex.s. c 52 § 13; 1947 c 80 § 46; Rem. Supp. 1947 §
4995-65. Prior: 1941 c 97 § 5, part; 1939 c 86 § 5, part;
1937 c 221 § 6, part; Rem. Supp. 1941 § 4995-6, part.
Formerly RCW 41.32.460.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Benefits not contractual right until date specified: RCW 41.34.100.
*Reviser’s note: "the effective date of this 1973 amendatory act,"
because of the emergency clause footnoted to RCW 41.32.310, is September
27, 1973, the date of approval by the governor.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
41.32.035 Employer contribution rates—
Computation and payment. The amount paid by each
employer shall be computed by applying the rates established
under chapter 41.45 RCW to the total earnable compensation
of the employer’s members as shown on the current payrolls
of the employer. The employer’s contribution shall be paid
at the end of each month in the amount due for that month,
except as provided in RCW 41.32.013. [1990 c 274 § 8;
1989 c 273 § 18; 1984 c 236 § 3. Formerly RCW
41.32.403.]
41.32.052 Exemption from taxation and judicial
process—Exceptions—Nonassignability—Deductions
authorized. (1) Subject to subsections (2) and (3) of this
section, the right of a person to a pension, an annuity, a
retirement allowance, or disability allowance, to the return of
contributions, any optional benefit or death benefit, any other
right accrued or accruing to any person under the provisions
of this chapter and the moneys in the various funds created
by this chapter shall be unassignable, and are hereby exempt
from any state, county, municipal or other local tax, and
shall not be subject to execution, garnishment, attachment,
the operation of bankruptcy or insolvency laws, or other
process of law whatsoever.
(2) This section shall not be deemed to prohibit a
beneficiary of a retirement allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly
deductions therefrom for payment of premiums due on any
group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its political subdivisions;
(b) Under a group health care benefit plan approved
pursuant to RCW 28A.400.350 or 41.05.065 from authorizing monthly deductions therefrom, of the amount or amounts
of subscription payments, premiums, or contributions to any
person, firm, or corporation furnishing or providing medical,
surgical, and hospital care or other health care insurance; or
(c) Under this system from authorizing monthly deductions therefrom for payment of dues and other membership
Findings—Effective date—Construction—1990 c 274: See notes
following RCW 41.32.010.
Severability—1989 c 273: See RCW 41.45.900.
Effective date—1984 c 236: "This act shall take effect September 1,
1985. However, rules necessary for the implementation of this act may be
promulgated by appropriate state agencies prior to the effective date."
[1984 c 236 § 6.]
Severability—1984 c 236: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 236 § 5.]
41.32.042 Validity of deductions—Interest. The
deductions from salaries of members of the retirement
system for their contributions to the system are not considered diminution of pay and every member is conclusively
presumed to consent thereto as a condition of employment.
All contributions to the member reserve shall be credited to
[Title 41 RCW—page 152]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.32.044 Retired teacher may reenter system—
Benefit limitations. A retired teacher upon returning to
service in the public schools of Washington may elect to
again become a member of the retirement system: PROVIDED, That if such a retired teacher elects to be restored
to membership he must establish two full years of service
credit before he will be eligible to retire under the provision
of a formula other than the one in effect at the time of his
previous retirement: PROVIDED FURTHER, That where
any such right to again retire is exercised to become effective before a member has established two full years of
service credit he may elect to retire only under the provisions of the formula in effect at the time of his previous
retirement: AND PROVIDED FURTHER, That this section
shall not apply to any individual who has returned to service
and is presently in service on *the effective date of this 1973
amendatory act. [1973 2nd ex.s. c 32 § 5; 1947 c 80 § 58;
Rem. Supp. 1947 § 4995-77. Formerly RCW 41.32.580.]
(2002 Ed.)
Teachers’ Retirement
fees to any retirement association composed of retired
teachers and/or public employees pursuant to a written
agreement between the director and the retirement association.
Deductions under (a) and (b) of this subsection shall be
made in accordance with rules that may be adopted by the
director.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant
to chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay
benefits directly to an obligee under a dissolution order as
defined in RCW 41.50.500(3) which fully complies with
RCW 41.50.670 and 41.50.700, or (f) any administrative or
court order expressly authorized by federal law. [1991 c 365
§ 21; 1991 c 35 § 63; 1989 c 360 § 25; 1987 c 326 § 23;
1982 c 135 § 1; 1981 c 294 § 13; 1979 ex.s. c 205 § 5;
1971 c 63 § 1; 1961 c 132 § 5; 1947 c 80 § 59; Rem. Supp.
1947 § 4995-78. Prior: 1937 c 22 § 9; 1917 c 163 § 19.
Formerly RCW 41.32.590.]
Reviser’s note: This section was amended by 1991 c 35 § 63 and by
1991 c 365 § 21, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1987 c 326: See RCW 41.50.901.
Severability—1981 c 294: See note following RCW 41.26.115.
Effective date—1961 c 132: See note following RCW 41.32.240.
41.32.054 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.32.540, 41.32.550, 41.32.790, or 41.32.880
if the disability is the result of criminal conduct by the
member committed after April 21, 1997. [1997 c 103 § 2.]
Severability—Effective date—1997 c 103: See notes following
RCW 41.26.061.
41.32.055 Falsification—Penalty. Any person who
shall knowingly make false statements or shall falsify or
permit to be falsified any record or records of the retirement
system in any attempt to defraud such system as a result of
such act, shall be guilty of a felony. [1947 c 80 § 67; Rem.
Supp. 1947 § 4995-86. Prior: 1937 c 221 § 10. Formerly
RCW 41.32.670.]
41.32.062 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect
on retirement benefits under this chapter. [1983 c 283 § 3.
Formerly RCW 41.32.850.]
41.32.063 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits
(2002 Ed.)
41.32.052
imposed by section 401(a)(17) of the federal internal revenue
code for qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 2.]
41.32.064 Establishing, restoring service credit.
Notwithstanding any provision to the contrary, persons who
fail to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited
membership service represented by withdrawn contributions;
or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 2.]
41.32.065 Election to use out-of-state service credit
to calculate time at which the member may retire. A
member may elect under this section to apply service credit
earned in an out-of-state retirement system that covers teachers in public schools solely for the purpose of determining
the time at which the member may retire. The benefit shall
be actuarially reduced to recognize the difference between
the age a member would have first been able to retire based
on service in the state of Washington and the member’s
retirement age. [1991 c 278 § 1.]
41.32.067 Purchase of additional benefits—
Conditions. A member may purchase additional benefits
subject to the following:
(1) The member shall pay all reasonable administrative
and clerical costs; and
(2) The member shall make a member reserve contribution to be actuarially converted to a monthly benefit at the
time of retirement. [1992 c 212 § 13; 1991 c 278 § 2.]
"PLAN 1"
41.32.215 Provisions applicable to plan 1. RCW
41.32.240 through *41.32.575 shall apply only to members
of plan 1. [1992 c 72 § 5; 1991 c 35 § 103.]
*Reviser’s note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.240 Membership in system. (1) All teachers
employed full time in the public schools shall be members
of the system except alien teachers who have been granted
a temporary permit to teach as exchange teachers.
(2) A minimum of ninety days or the equivalent of
ninety days of employment during a fiscal year shall be
required to establish membership. A teacher shall be
considered as employed full time if serving regularly for
four-fifths or more of a school day or if assigned to duties
which are the equivalent of four-fifths or more of a full time
assignment. A teacher who is employed for less than full
time service may become a member by filing an application
with the retirement system, submitting satisfactory proof of
teaching service and making the necessary payment before
[Title 41 RCW—page 153]
41.32.240
Title 41 RCW: Public Employment, Civil Service, and Pensions
June 30 of the school year immediately following the one
during which the service was rendered.
(3) After June 30th of the school year immediately
following the one during which the less than full-time
service was rendered, the necessary payment may be made
under RCW 41.50.165(2). [1994 c 197 § 14; 1991 c 35 §
38; 1979 ex.s. c 45 § 3; 1965 ex.s. c 81 § 3; 1963 ex.s. c 14
§ 4; 1961 c 132 § 1; 1955 c 274 § 7; 1947 c 80 § 24; Rem.
Supp. 1947 § 4995-43. Prior: 1941 c 97 § 3, part; 1939 c
86 § 2, part; 1937 c 221 § 4, part; 1931 c 115 § 3, part;
1923 c 187 § 10, part; Rem. Supp. 1941 § 4995-4, part.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1979 ex.s. c 45: See note following RCW 41.26.040.
Severability—Effective date—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Effective date—1961 c 132: "The provisions of this act shall be
effective July 1, 1961." [1961 c 132 § 8.]
Eligibility for retirement allowance: RCW 41.32.470.
41.32.260 Credit for military service or as state
legislator. Any member whose public school service is
interrupted by active service to the United States as a
member of its military, naval or air service, or to the state of
Washington, as a member of the legislature, may upon
becoming reemployed in the public schools, receive credit
for that service upon presenting satisfactory proof, and
contributing to the member reserve, either in a lump sum or
installments, amounts determined by the director. Except
that no military service credit in excess of five years shall be
established or reestablished after July 1, 1961, unless the
service was actually rendered during time of war. [1992 c
212 § 8; 1991 c 35 § 40; 1974 ex.s. c 199 § 2; 1973 1st
ex.s. c 189 § 1; 1971 ex.s. c 271 § 1; 1967 c 50 § 2; 1961
c 132 § 2; 1955 c 274 § 8; 1947 c 80 § 26; Rem. Supp.
1947 § 4995-45. Prior: 1941 c 97 § 4, part; 1939 c 86 § 4,
part; 1937 c 221 § 1, part; Rem. Supp. 1941 § 4995-5, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 199: See notes following
RCW 41.32.010.
Construction—1974 ex.s. c 199: See note following RCW
41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW
41.32.215.
Parts of sections retroactive—1973 1st ex.s. c 189: See note
following RCW 41.32.498.
Severability—1971 ex.s. c 271: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 271 § 17.]
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.
Members’ retirement contributions—Payment by employer: RCW
41.04.445.
41.32.263 State legislators and state officials eligible
for retirement benefits. A member of the retirement
system who is a member of the state legislature or a state
official eligible for the combined pension and annuity pro[Title 41 RCW—page 154]
vided by RCW 41.32.497, or 41.32.498, as now or hereafter
amended shall have deductions taken from his or her salary
in the amount of seven and one-half percent of earnable
compensation and that service credit shall be established
with the retirement system while such deductions are
reported to the retirement system, unless he or she has by
reason of his or her employment become a contributing
member of another public retirement system in the state of
Washington. Such elected official who has retired or
otherwise terminated his or her public school service may
then elect to terminate his or her membership in the retirement system and receive retirement benefits while continuing
to serve as an elected official. A member of the retirement
system who had previous service as an elected or appointed
official, for which he or she did not contribute to the
retirement system, may receive credit for such legislative
service unless he or she has received credit for that service
in another state retirement system, upon making contributions in such amounts as shall be determined by the board of
trustees. [1991 c 35 § 41.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.267 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by
a member’s employer shall continue to receive service credit
as provided under the provisions of RCW 41.32.240 through
*41.32.575.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement. [1993 c 95 § 5.]
*Reviser’s note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
41.32.270 Teaching service, how credited. Service
rendered for four-fifths or more of the official school year of
the school district or institution in which a teacher is
employed shall be credited as a year’s service regardless of
the length of the school term, but in no case shall more than
one year of service be creditable for service rendered in one
fiscal year. Service rendered for less than four-fifths of the
official school year shall be credited for that portion of the
school year for which it was rendered: PROVIDED, That
no service of less than twenty days in any school year shall
be creditable. [1947 c 80 § 27; Rem. Supp. 1947 § 4995-46.
Prior: 1941 c 97 § 4, part; 1939 c 86 § 4, part; 1937 c 221
§ 5, part; Rem. Supp. 1941 § 4995-5, part.]
(2002 Ed.)
Teachers’ Retirement
41.32.300 Limitation on credit for out-of-state
service. (1) Henceforth a total of not more than four years
of service outside of the state shall be credited to a member
who establishes or reestablishes credit for out-of-state public
school employment in this state subsequent to July 1, 1961.
Foreign public school teaching service shall be creditable as
out-of-state service.
(2) No out-of-state service credit shall be established or
reestablished subsequent to July 1, 1964, except that a
member who has been granted official leave of absence by
his or her employer may, upon return to public school service in this state, establish out-of-state membership service
credit, within the limitations of this section and conditioned
upon satisfactory proof and upon contributions to the
member reserve, for public school service rendered in
another state or in another country.
(3) No member who establishes out-of-state service
credit after July 1, 1947, shall at retirement for pension
payment purposes be allowed credit for out-of-state service
in excess of the number of years credit which he or she shall
have earned in the public schools of the state of Washington.
[1992 c 212 § 14; 1991 c 35 § 42; 1963 ex.s. c 14 § 5; 1961
c 132 § 7; 1955 c 274 § 11; 1947 c 80 § 30; Rem. Supp.
1947 § 4995-49.]
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.
41.32.310 Time limit for claiming service credit—
Payments. (1) Any member desiring to establish credit for
services previously rendered, must present proof and make
the necessary payments on or before June 30 of the fifth
school year of membership. Payments covering all types of
membership service credit must be made in a lump sum
when due, or in annual installments. The first annual installment of at least twenty percent of the amount due must be
paid before the above deadline date, and the final payment
must be made by June 30th of the fourth school year
following that in which the first installment was made. The
amount of payment and the interest thereon, whether lump
sum or installments, shall be made by a method and in an
amount established by the department.
(2) A member who had the opportunity under chapter
41.32 RCW prior to July 1, 1969, to establish credit for
active United States military service or credit for professional preparation and failed to do so shall be permitted to
establish additional credit within the provisions of RCW
41.32.260 and 41.32.330. A member who was not permitted
to establish credit pursuant to section 2, chapter 32, Laws of
1973 2nd ex. sess., for Washington teaching service previously rendered, must present proof and make the necessary
payment to establish such credit as membership service
credit. Payment for such credit must be made in a lump
sum on or before June 30, 1974. Any member desiring to
establish credit under the provisions of this subsection must
present proof and make the necessary payment before June
30, 1974; or, if not employed on the effective date of this
amendment, before June 30th of the fifth school year upon
returning to public school employment in this state.
(2002 Ed.)
41.32.300
(3) After June 30th of the fifth school year of membership, any member desiring to establish credit for services
previously rendered, must present proof and make the
necessary payments under RCW 41.50.165(2) but prior to
retirement. [1994 c 197 § 15; 1992 c 72 § 6. Prior: 1991
c 35 § 43; 1974 ex.s. c 193 § 1; 1973 2nd ex.s. c 32 § 2;
1969 ex.s. c 150 § 9; 1965 ex.s. c 81 § 8; 1955 c 274 § 12;
1947 c 80 § 31; Rem. Supp. 1947 § 4995-50.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—1974 ex.s. c 193: "This amendatory act is necessary for
the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately." [1974 ex.s. c 193 § 10.]
Severability—1974 ex.s. c 193: "If any provision of this amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 193 § 9.]
Emergency—1973 2nd ex.s. c 32: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1973 2nd ex.s. c 32 § 7.]
Severability—1973 2nd ex.s. c 32: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 2nd ex.s. c 32 § 6.]
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
41.32.330 Credit for professional preparation
subsequent to becoming teacher. The department may
allow credit for professional preparation to a member for
attendance at institutions of higher learning, or for a scholarship or grant under an established foundation, subsequent to
becoming a public school teacher; but not more than two
years of such credit may be granted to any member. [1991
c 35 § 44; 1969 ex.s. c 150 § 10; 1955 c 274 § 14; 1947 c
80 § 33; Rem. Supp. 1947 § 4995-52.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
41.32.340 Creditable service, what to consist of.
Creditable service of a member at retirement shall consist of
the membership service rendered for which credit has been
allowed, and also, if a prior service certificate is in full force
and effect, the amount of the service certified on the prior
service certificate. No pension payments shall be made for
service credits established or reestablished after July 1, 1955,
if such credits entitle the member to retirement benefits from
any other public state or local retirement system or fund.
No pension payments shall be made for service credits
established or reestablished after July 1, 1961, if such credits
entitle the member to retirement benefits from a public
federal retirement system or fund for services rendered under
a civilian program: PROVIDED, That no pension payments
shall be made for service credits established or reestablished
after July 1, 1969, if credit for the same service is retained
for benefits under any other retirement system or fund.
[1991 c 35 § 45; 1969 ex.s. c 150 § 11; 1961 c 132 § 3;
1955 c 274 § 15; 1947 c 80 § 34; Rem. Supp. 1947 §
4995-53. Prior: 1941 c 97 § 4, part; 1939 c 86 § 4, part;
1937 c 221 § 5, part; Rem. Supp. 1941 § 4995-5, part.]
[Title 41 RCW—page 155]
41.32.340
Title 41 RCW: Public Employment, Civil Service, and Pensions
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
41.32.345 "Earnable compensation" defined for
certain part-time employees—Adoption of rules. (1)
Subject to the limitations contained in this section, for the
purposes of *RCW 41.32.010(10)(a)(ii), earnable compensation means the compensation the member would have
received in the same position if employed on a regular fulltime basis for the same contract period.
(2) In order to ensure that the benefit provided by this
section is not used to unfairly inflate a member’s retirement
allowance, the department shall adopt rules having the force
of law to govern the application of this section.
(3)(a) In adopting rules which apply to a member
employed by a school district, the department may consult
the district’s salary schedule and related workload provisions,
if any, adopted pursuant to RCW 28A.405.200. The rules
may require that, in order to be eligible for this benefit, a
member’s position must either be included on the district’s
schedule, or the position must have duties, responsibilities,
and method of pay which are similar to those found on the
district’s schedule.
(b) In adopting rules which apply to a member employed by a community college district, the department may
consult the district’s salary schedule and workload provisions
contained in an agreement negotiated pursuant to chapter
28B.52 RCW, or similar documents. The rules may require
that, in order to be eligible for this benefit, a member’s
position must either be included on the district’s agreement,
or the position must have duties, responsibilities, and method
of pay which are similar to those found on the district’s
agreement. The maximum full-time work week used in
calculating the benefit for community college employees
paid on an hourly rate shall in no case exceed fifteen credit
hours, twenty classroom contact hours, or thirty-five assigned
hours.
(4) If the legislature amends or revokes the benefit
provided by this section, no affected employee who thereafter retires is entitled to receive the benefit as a matter of
contractual right. [1992 c 212 § 18; 1990 c 33 § 570; 1987
c 265 § 2. Formerly RCW 41.32.011.]
*Reviser’s note: RCW 41.32.010 was amended by 1994 c 298 § 3,
changing subsection (10)(a)(ii) to subsection (10)(a)(iii).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
41.32.350 Purchase of additional annuity. A
member may make an additional lump sum payment at date
of retirement, not to exceed the member’s accumulated
contributions, to purchase additional annuity. A contribution
of six percent of earnable compensation is required from
each member, except as provided under RCW 41.32.013.
[1991 c 35 § 46; 1990 c 274 § 7; 1973 1st ex.s. c 189 § 6;
1963 ex.s. c 14 § 7; 1955 c 274 § 16; 1947 c 80 § 35; Rem.
Supp. 1947 § 4995-54. Prior: 1941 c 97 § 5, part; 1939 c
86 § 5, part; 1937 c 221 § 6, part; 1931 c 115 § 4, part;
1923 c 115 § 11, part; 1917 c 163 § 10, part; Rem. Supp.
1941 § 4995-6, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
[Title 41 RCW—page 156]
Findings—Effective date—Construction—1990 c 274: See notes
following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW
41.50.215.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Members’ retirement contributions—Payment by employer: RCW
41.04.445.
41.32.360 Basis of contributions to disability reserve
fund. For each year of employment, each member who is
employed on a full time basis shall have transferred from his
or her contributions a sum determined by the director, in
accordance with the recommendations of the state actuary,
to maintain a fund sufficient, with regular interest, to provide
temporary disability benefits for the members whose claims
will be approved by the department in accordance with the
provisions of RCW 41.32.540. These transfers shall be
placed in the disability reserve fund. [1991 c 35 § 47; 1963
ex.s. c 14 § 8; 1955 c 274 § 17; 1947 c 80 § 36; Rem. Supp.
1947 § 4995-55. Prior: 1941 c 97 § 5, part; 1939 c 86 § 5,
part; 1937 c 221 § 6, part; 1917 c 163 § 10, part; Rem.
Supp. 1941 § 4995-6, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.366 Basis of contributions to death benefit
fund. During each fiscal year that a member is employed
on a full time basis, the department shall transfer from the
member’s contributions a sum that will, with regular interest,
maintain a fund sufficient according to actuarial rates
adopted by the department to pay the death benefits as
provided for in this chapter. [1991 c 35 § 48; 1963 ex.s. c
14 § 10.]
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.380
Source of pension reserve—
Contributions. There shall be placed in the pension reserve
all appropriations made by the legislature for the purpose of
paying pensions and survivors’ benefits and of establishing
and maintaining an actuarial reserve and all gifts and
bequests to the pension reserve, and contributions of persons
entering the retirement system who have established prior
service credit. Members establishing prior service credit
shall contribute to the pension reserve as follows:
For the first ten years of prior service fifteen dollars per
year;
For the second ten years of prior service thirty dollars
per year;
For the third ten years of prior service forty-five dollars
per year. [1992 c 212 § 10; 1982 1st ex.s. c 52 § 8; 1947
c 80 § 38; Rem. Supp. 1947 § 4995-57.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.32.390 Contributions for prior service credits.
At least twenty percent of the total amount due for prior
service credit must be paid before an application for credit
may be presented to the department for approval. The bal(2002 Ed.)
Teachers’ Retirement
ance is not due until date of retirement and may be paid at
that time without additional charge. Any unpaid installments
at the time the member is retired for service or disability
shall constitute a first, paramount, and prior lien against his
or her retirement allowance. [1991 c 35 § 49; 1955 c 274
§ 18; 1947 c 80 § 39; Rem. Supp. 1947 § 4995-58. Prior:
1941 c 97 § 5, part; 1939 c 86 § 5, part; 1937 c 221 § 6,
part; Rem. Supp. 1941 § 4995-6, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.470 Eligibility for retirement allowance. A
member who is not a dual member under RCW 41.54.010
must have established or reestablished with the retirement
system at least five years of credit for public school service
in this state to be entitled to a retirement allowance. [1994
c 298 § 4; 1965 ex.s. c 81 § 4; 1963 ex.s. c 14 § 15; 1947
c 80 § 47; Rem. Supp. 1947 § 4995-66. Prior: 1941 c 97
§ 7, part; 1939 c 86 § 7, part; 1937 c 221 § 8, part; 1931 c
115 § 7, part; 1923 c 187 § 17, part; Rem. Supp. 1941 §
4995-8, part.]
Intent—1994 c 298: See note following RCW 41.40.010.
Severability—Effective date—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.480 Qualifications for retirement. (1) Any
member who separates from service after having completed
thirty years of creditable service may retire upon the approval by the department of an application for retirement filed on
the prescribed form. Upon retirement the member shall
receive a retirement allowance consisting of an annuity
which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a
pension as provided in RCW 41.32.497. Effective July 1,
1967, anyone then receiving a retirement allowance or a
survivor retirement allowance under this chapter, based on
thirty-five years of creditable service, and who has established more than thirty-five years of service credit with the
retirement system, shall thereafter receive a retirement
allowance based on the total years of service credit established.
(2) Any member who has attained age sixty years, but
who has completed less than thirty years of creditable
service, upon separation from service, may retire upon the
approval by the department of an application for retirement
filed on the prescribed form. Upon retirement the member
shall receive a retirement allowance consisting of an annuity
which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a
pension as provided in RCW 41.32.497.
(3) Any member who has attained age fifty-five years
and who has completed not less than twenty-five years of
creditable service, upon separation from service, may retire
upon the approval by the department of an application for
retirement filed on the prescribed form. Upon retirement the
member shall receive a retirement allowance which shall be
the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as
provided in RCW 41.32.497. An individual who has retired
pursuant to this subsection, on or after July 1, 1969, shall
(2002 Ed.)
41.32.390
not suffer an actuarial reduction in his or her retirement
allowance, except as the allowance may be actuarially
reduced pursuant to the options contained in RCW
41.32.530. The chapter 193, Laws of 1974 ex. sess. amendment to this section shall be retroactive to July 1, 1969.
[1997 c 254 § 4; 1991 c 35 § 53; 1974 ex.s. c 193 § 2; 1972
ex.s. c 147 § 1; 1970 ex.s. c 35 § 2; 1969 ex.s. c 150 § 14;
1967 c 151 § 1; 1955 c 274 § 21; 1947 c 80 § 48; Rem.
Supp. 1947 § 4995-67. Prior: 1941 c 97 § 7, part; 1939 c
86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 7, part;
1923 c 187 § 17, part; Rem. Supp. 1941 § 4995-8, part.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1972 ex.s. c 147: "The effective date of this 1972
amendatory act shall be July 1, 1972." [1972 ex.s. c 147 § 9.]
Severability—1972 ex.s. c 147: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1972 ex.s. c 147 § 10.]
Effective date—1970 ex.s. c 35: "The provisions of sections 1
through 5 and 7 of this 1970 amendatory act shall take effect on July 1,
1970; the provisions of section 6 of this 1970 amendatory act shall be
effective on the date chapter 223, Laws of 1969 ex. sess. becomes effective
[July 1, 1970], at which time section 5 of this 1970 amendatory act shall be
void and of no effect." [1970 ex.s. c 35 § 8.]
Severability—1970 ex.s. c 35: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1970 ex.s. c 35 § 9.]
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Effective date—1967 c 151: "This act shall become effective on July
1, 1967." [1967 c 151 § 9.]
Severability—1967 c 151: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
shall not be affected." [1967 c 151 § 8.]
41.32.485 Minimum retirement allowance—Cost-ofliving adjustment—Post-retirement adjustment—
Computation. (1) Notwithstanding any provision of law to
the contrary, effective July 1, 1989, as a cost-of-living
adjustment, no beneficiary receiving a retirement allowance
pursuant to this chapter shall receive, as the pension portion
of that retirement allowance, less than fourteen dollars and
eighty-two cents per month for each year of service creditable to the person whose service is the basis of the pension.
Portions of a year shall be treated as fractions of a year and
the decimal equivalent shall be multiplied by fourteen dollars
and eighty-two cents. Where the pension payable was adjusted at the time benefit payments to the beneficiary
commenced, the minimum pension provided in this section
shall be adjusted in a manner consistent with that adjustment.
(2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the retirement allowance of
each beneficiary who either is receiving benefits pursuant to
RCW 41.32.520 or 41.32.550 as of December 31, 1978, or
commenced receiving a monthly retirement allowance under
this chapter as of a date no later than July 1, 1974, shall be
permanently increased by a post-retirement adjustment. This
adjustment shall be in lieu of any adjustments provided
[Title 41 RCW—page 157]
41.32.485
Title 41 RCW: Public Employment, Civil Service, and Pensions
under *RCW 41.32.499(6) as of July 1, 1979, or July 1,
1980, for the affected beneficiaries. Such adjustment shall
be calculated as follows:
(a) Retirement allowances to which this subsection and
subsection (1) of this section are both applicable shall be
determined by first applying subsection (1) and then applying this subsection. The department shall determine the total
years of creditable service and the total dollar benefit base
accrued as of December 31, 1978, except that this determination shall take into account only those beneficiaries to whom
this subsection applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall
then be a post-retirement increase factor which shall be
applied as specified in (c) of this subsection;
(c) Each beneficiary to whom this subsection applies
shall receive an increase which is the product of the factor
determined in (b) of this subsection multiplied by the years
of creditable service.
(3) The provisions of subsections (1) and (2) of this
section shall not be applicable to those receiving benefits
pursuant to RCW 41.32.540 or 41.32.760 through 41.32.825.
[1989 c 272 § 5; 1987 c 455 § 1; 1986 c 306 § 2; 1979 ex.s.
c 96 § 2.]
*Reviser’s note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
Purpose—1989 c 272: See note following RCW 41.32.005.
Effective date—1987 c 455: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 455 § 9.]
Effective date—1986 c 306: "This act shall take effect on July 1,
1986." [1986 c 306 § 5.]
41.32.4851 Minimum retirement allowance—Annual
adjustment—Persons who become beneficiaries after
June 30, 1995. (1) No one who becomes a beneficiary after
June 30, 1995, shall receive a monthly retirement allowance
of less than twenty-four dollars and twenty-two cents times
the number of years of service creditable to the person
whose service is the basis of such retirement allowance.
(2) If the retirement allowance payable was adjusted at
the time benefit payments to the beneficiary commenced, the
minimum allowance provided in this section shall be
adjusted in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set
forth in subsection (1) of this section shall be adjusted
annually by the annual increase.
(4) Those receiving a temporary disability benefit under
RCW 41.32.540 shall not be eligible for the benefit provided
by this section. [1995 c 345 § 3.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.32.4872 Permanent increase for specified beneficiaries age seventy or over. (1) The amount of the July 1,
1993, increase to the retirement allowance of beneficiaries
under this chapter as a result of the temporary adjustment
authorized by section 2, chapter 519, Laws of 1993, shall be
made a permanent adjustment on July 1, 1995.
[Title 41 RCW—page 158]
(2) Beneficiaries receiving a benefit under RCW
41.32.485 who are at least age seventy-nine shall receive on
July 1, 1995, a permanent adjustment of one dollar and
eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject
to subsection (1) of this section and not receiving a benefit
under RCW 41.32.485 shall receive the following permanent
adjustment to their retirement allowance on July 1, 1995:
(a) Those who are age seventy, thirty-nine cents per
month per year of service;
(b) Those who are age seventy-one, seventy-nine cents
per month per year of service; and
(c) Those who are at least age seventy-two, one dollar
and eighteen cents per month per year of service. [1995 c
345 § 4.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.32.489 Retirement allowance—Annual increases—Eligibility. (1) Beginning July 1, 1995, and annually
thereafter, the retirement allowance of a person meeting the
requirements of this section shall be increased by the annual
increase amount.
(2) The following persons shall be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year and has attained at least age sixtysix by July 1st in the calendar year in which the annual
increase is given; or
(b) A beneficiary whose retirement allowance is lower
than the minimum benefit provided under RCW 41.32.4851.
(3) The following persons shall also be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary receiving the minimum benefit on
June 30, 1995, under RCW 41.32.485; or
(b) A recipient of a survivor benefit on June 30, 1995,
which has been increased by *RCW 41.32.575.
(4) If otherwise eligible, those receiving an annual
adjustment under RCW 41.32.530(1)(d) shall be eligible for
the annual increase adjustment in addition to the benefit that
would have been received absent this section.
(5) Those receiving a temporary disability benefit under
RCW 41.32.540 shall not be eligible for the benefit provided
by this section.
(6) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to receive this postretirement adjustment
not granted prior to that time. [1995 c 345 § 2.]
*Reviser’s note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Intent—1995 c 345: "The intent of this act is to:
(1) Simplify the calculation of postretirement adjustments so that they
can be more easily communicated to plan 1 active and retired members;
(2) Provide postretirement adjustments based on years of service rather
than size of benefit;
(3) Provide postretirement adjustments at an earlier age;
(4) Provide postretirement adjustments to a larger segment of plan 1
retirees; and
(5) Simplify administration by reducing the number of plan 1
postretirement adjustments to one." [1995 c 345 § 1.]
Effective date—1995 c 345: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 12, 1995]." [1995 c 345 § 14.]
(2002 Ed.)
Teachers’ Retirement
41.32.4931 Additional special pension for former
members not receiving social security. (1) The benefits
provided under subsection (2) of this section shall be available only to former members who have reached age sixtyfive or are disabled for further public school service and are
not receiving federal old age, survivors or disability benefit
payments (social security) and are not able to qualify for
such benefits.
(2) Effective July 1, 1987, former members who receive
the minimum retirement allowance provided by RCW
41.32.485(1) and who meet the requirements of subsection
(1) of this section shall receive an additional special pension
of ten dollars per month per year of service credit. [1987 c
455 § 6; 1973 2nd ex.s. c 32 § 3; 1967 c 151 § 6.]
Effective date—1987 c 455: See note following RCW 41.32.485.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
Effective date—Severability—1967 c 151: See notes following
RCW 41.32.480.
41.32.4945 Limitation as to earnable compensation
of member as member of the legislature. Notwithstanding
any other provision of RCW 41.32.010, 41.32.260,
41.32.497, 41.32.498 and this section, when the salary of any
member as a member of the legislature is increased beyond
the amount provided for in Initiative Measure No. 282 then
earnable compensation for the purposes of this chapter shall
be based solely on the sum of (1) the compensation actually
received from the salary for the job from which such leave
of absence may have been taken and (2) such member’s
salary as a legislator during the two highest compensated
consecutive years. [1991 c 35 § 54; 1974 ex.s. c 199 § 6.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—Construction—1974 ex.s. c 199: See
notes following RCW 41.32.010.
41.32.497 Retirement allowance for members
entering system before April 25, 1973—Election. Any
person who became a member on or before April 25, 1973
and who qualifies for a retirement allowance shall, at time
of retirement, make an irrevocable election to receive either
the retirement allowance by RCW 41.32.498 as now or
hereafter amended or to receive a retirement allowance
pursuant to this section consisting of: (1) An annuity which
shall be the actuarial equivalent of his accumulated contributions at his age of retirement, (2) A basic service pension of
one hundred dollars per annum, and (3) A service pension
which shall be equal to one one-hundredth of his average
earnable compensation for his two highest compensated
consecutive years of service times the total years of creditable service established with the retirement system: PROVIDED, That no beneficiary now receiving benefits or who
receives benefits in the future, except those beneficiaries
receiving reduced benefits pursuant to *RCW 41.32.520(1)
or 41.32.530, shall receive a pension of less than six dollars
and fifty cents per month for each year of creditable service
established with the retirement system. Pension benefits
payable under the provisions of this section shall be prorated
on a monthly basis and paid at the end of each month.
[1990 c 249 § 12; 1974 ex.s. c 199 § 3; 1973 1st ex.s. c 189
(2002 Ed.)
41.32.4931
§ 2; 1970 ex.s. c 35 § 3; 1969 ex.s. c 150 § 15; 1963 ex.s.
c 14 § 16.]
*Reviser’s note: RCW 41.32.520 was amended by 1990 c 249 § 15,
changing subsection (1) to subsection (1)(a).
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—Construction—1974 ex.s. c 199: See
notes following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW
41.50.215.
Parts of sections retroactive—1973 1st ex.s. c 189: See note
following RCW 41.32.498.
Effective date—Severability—1970 ex.s. c 35: See notes following
RCW 41.32.480.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.498 Retirement allowance for members
entering system after April 25, 1973, or in lieu of allowance under RCW 41.32.497. Any person who becomes
a member subsequent to April 25, 1973 or who has made the
election, provided by RCW 41.32.497, to receive the benefit
provided by this section, shall receive a retirement allowance
consisting of:
(1) An annuity which shall be the actuarial equivalent
of his or her additional contributions on full salary as
provided by chapter 274, Laws of 1955 and his or her lump
sum payment in excess of the required contribution rate
made at date of retirement, pursuant to RCW 41.32.350, if
any; and
(2) A combined pension and annuity service retirement
allowance which shall be equal to two percent of his or her
average earnable compensation for his or her two highest
compensated consecutive years of service times the total
years of creditable service established with the retirement
system, to a maximum of sixty percent of such average
earnable compensation: PROVIDED, That any member may
irrevocably elect, at time of retirement, to withdraw all or a
part of his or her accumulated contributions, other than any
amount paid under RCW 41.50.165(2), and to receive, in
lieu of the full retirement allowance provided by this
subsection, a reduction in the standard two percent allowance, of the actuarially determined amount of monthly
annuity which would have been purchased by said contributions: PROVIDED FURTHER, That no member may
withdraw an amount of accumulated contributions which
would lower his or her retirement allowance below the
minimum allowance provided by RCW 41.32.497 as now or
hereafter amended: AND PROVIDED FURTHER, That said
reduced amount may be reduced even further pursuant to the
options provided in RCW 41.32.530;
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, the retirement allowance payable for
service of a member who was state superintendent of public
instruction on January 1, 1973 shall be equal to three percent
of the average earnable compensation of his two highest consecutive years of service for each year of such service.
[1994 c 197 § 16; 1991 c 35 § 55; 1990 c 249 § 4; 1988 c
116 § 1; 1987 c 143 § 1; 1974 ex.s. c 199 § 4; 1973 1st
ex.s. c 189 § 3.]
[Title 41 RCW—page 159]
41.32.498
Title 41 RCW: Public Employment, Civil Service, and Pensions
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—1988 c 116: "This act shall take effect June 30,
1988." [1988 c 116 § 2.]
Emergency—Severability—Construction—1974 ex.s. c 199: See
notes following RCW 41.32.010.
Parts of sections as retroactive—1973 1st ex.s. c 189: "Subsection
(3) of section 3 of this 1973 amendatory act and the equivalent language
contained in the last proviso in section 1 of this 1973 amendatory act,
relating to elected and appointed officials, shall be retroactive to January 1,
1973." [1973 1st ex.s. c 189 § 4.]
Reviser’s note: The reference to "subsection (3) of section 3" appears
to be erroneous. Section 13 of the original bill (House Bill No. 419)
referred to equivalent language in subsection (3) of section 12 and the last
proviso in section 4, amending RCW 41.32.497. The language referred to
in section 4 remains in section 2 of the final bill which amends RCW
41.32.497, but was deleted by senate committee amendment from section
3 (formerly section 12 of the original bill) of the engrossed substitute bill,
codified herein as RCW 41.32.498.
Severability—1973 1st ex.s. c 189: See note following RCW
41.50.215.
41.32.4986 Members with thirty years of service—
Irrevocable election. A member may make the irrevocable
election under this section no later than six months after
attaining thirty years of service. The election shall become
effective at the beginning of the calendar month following
department receipt of employee notification.
(1) The sum of member contributions made for periods
of service after the effective date of the election plus seven
and one-half percent interest shall be paid to the member at
retirement without a reduction in the member’s monthly
retirement benefit as determined under RCW 41.32.498.
(2) Upon retirement, the member’s benefit shall be
calculated using only the earnable compensation credited
prior to the effective date of the member’s election. Calculation of the member’s average earnable compensation shall
include eligible cash outs of annual leave based on the
member’s salary and leave accumulations at the time of
retirement, except that the amount of a member’s average
earnable compensation cannot be higher than if the member
had not taken advantage of the election offered under this
section.
(3) Members who have already earned thirty years of
service credit prior to July 25, 1999, may participate in the
election by notifying the department in writing of their
intention by December 31, 1999.
The department shall continue to collect employer
contributions as required in RCW 41.45.060. [1999 c 362
§ 1.]
41.32.4991 Permanent retirement allowance adjustment. The dollar amount of the temporary postretirement
allowance adjustment granted by section 1, chapter 519,
Laws of 1993 shall be provided as a permanent retirement
allowance adjustment as of July 1, 1995. [1994 c 247 § 1.]
Effective date—1994 c 247: "This act shall take effect August 1,
1994." [1994 c 247 § 8.]
Temporary postretirement allowance—1993 c 519: "The benefit
adjustment granted by sections 711(1) and 712(1), chapter 232, Laws of
1992 (uncodified) being received by plan 1 beneficiaries as of June 30,
1993, unless otherwise improper, shall be continued through June 30, 1995."
[1993 c 519 § 1.]
[Title 41 RCW—page 160]
41.32.500 Termination of membership. Membership
in the retirement system is terminated when a member retires
for service or disability, dies, or withdraws his or her
accumulated contributions.
The prior service certificate becomes void when a
member dies or withdraws the accumulated contributions,
and any prior administrative interpretation of the board of
trustees, consistent with this section, is hereby ratified, affirmed and approved. [1995 c 134 § 13. Prior: 1994 c 197
§ 17; 1994 c 177 § 5; 1991 c 35 § 57; 1986 c 317 § 2; 1983
c 233 § 1; 1974 ex.s. c 193 § 3; 1969 ex.s. c 150 § 16; 1967
c 50 § 6; 1965 ex.s. c 81 § 5; 1955 c 274 § 23; 1947 c 80
§ 50; Rem. Supp. 1947 § 4995-69.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
Severability—1983 c 233: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 233 § 4.]
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—Severability—1965 ex.s. c 81: See notes following
RCW 41.32.010.
41.32.510 Payment on withdrawal—Reentry. (1)
Should a member cease to be employed by an employer and
request upon a form provided by the department a refund of
the member’s accumulated contributions with interest, this
amount shall be paid to the individual less any withdrawal
fee which may be assessed by the director which shall be
deposited in the department of retirement systems expense
fund.
(2) A member who files a request for a refund and
subsequently enters into employment with an employer prior
to the refund being made shall not be eligible for a refund.
For purposes of this section, a written or oral employment
agreement shall be considered entering into employment.
[1994 c 197 § 18; 1994 c 177 § 6; 1982 1st ex.s. c 52 § 15;
1969 ex.s. c 150 § 17; 1963 ex.s. c 14 § 17; 1955 c 274 §
24; 1947 c 80 § 51; Rem. Supp. 1947 § 4995-70. Prior:
1941 c 97 § 6, part; 1939 c 86 § 6, part; 1937 c 221 § 7,
part; Rem. Supp. 1941 § 4995-7, part.]
Reviser’s note: This section was amended by 1994 c 177 § 6 and by
1994 c 197 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
(2002 Ed.)
Teachers’ Retirement
41.32.520 Payment on death before retirement or
within sixty days following application for disability
retirement. (1) Except as specified in subsection (3) of this
section, upon receipt of proper proofs of death of any
member before retirement or before the first installment of
his or her retirement allowance shall become due his or her
accumulated contributions, less any amount identified as
owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670, and/or other benefits payable upon his or her
death shall be paid to his or her estate or to such persons,
trust, or organization as he or she shall have nominated by
written designation duly executed and filed with the department. If a member fails to file a new beneficiary designation subsequent to marriage, divorce, or reestablishment of
membership following termination by withdrawal, lapsation,
or retirement, payment of his or her accumulated contributions, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, and/or other benefits upon
death before retirement shall be made to the surviving
spouse, if any; otherwise, to his or her estate. If a member
had established ten or more years of Washington membership service credit or was eligible for retirement, the beneficiary or the surviving spouse if otherwise eligible may
elect, in lieu of a cash refund of the member’s accumulated
contributions, the following survivor benefit plan actuarially
reduced by the amount of any lump sum benefit identified as
owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670:
(a) A widow or widower, without a child or children
under eighteen years of age, may elect a monthly payment
of fifty dollars to become effective at age fifty, provided the
member had fifteen or more years of Washington membership service credit. A benefit paid under this subsection
(1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a dependent
(as that term is used in computing the dependent exemption
for federal internal revenue purposes) may elect to receive a
joint and one hundred percent retirement allowance under
RCW 41.32.530.
(i) In the case of a dependent child the allowance shall
continue until attainment of majority or so long as the
department judges that the circumstances which created his
or her dependent status continue to exist. In any case, if at
the time dependent status ceases, an amount equal to the
amount of accumulated contributions of the deceased member has not been paid to the beneficiary, the remainder shall
then be paid in a lump sum to the beneficiary.
(ii) If at the time of death, the member was not then
qualified for a service retirement allowance, the benefit shall
be based upon the actuarial equivalent of the sum necessary
to pay the accrued regular retirement allowance commencing
when the deceased member would have first qualified for a
service retirement allowance.
(2) If no qualified beneficiary survives a member, at his
or her death his or her accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to his or her estate, or
his or her dependents may qualify for survivor benefits under
(2002 Ed.)
41.32.520
benefit plan (1)(b) in lieu of a cash refund of the members
accumulated contributions in the following order: Widow or
widower, guardian of a dependent child or children under
age eighteen, or dependent parent or parents.
(3) If a member dies within sixty days following
application for disability retirement under RCW 41.32.550,
the beneficiary named in the application may elect to receive
the benefit provided by:
(a) This section; or
(b) RCW 41.32.550, according to the option chosen
under RCW 41.32.530 in the disability application. [1997 c
73 § 1; 1995 c 144 § 9; 1993 c 16 § 1; 1992 c 212 § 7.
Prior: 1991 c 365 § 29; 1991 c 35 § 58; 1990 c 249 § 15;
1974 ex.s. c 193 § 5; 1973 2nd ex.s. c 32 § 4; 1973 1st ex.s.
c 154 § 76; 1967 c 50 § 7; 1965 ex.s. c 81 § 6; 1957 c 183
§ 3; 1955 c 274 § 25; 1947 c 80 § 52; Rem. Supp. 1947 §
4995-71; prior: 1941 c 97 § 6; 1939 c 86 § 6; 1937 c 221
§ 7; 1923 c 187 § 22; 1917 c 163 § 21; Rem. Supp. 1941 §
4995-7.]
Effective date—1997 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 73 § 4.]
Application—1993 c 16 § 1: "The provisions of section 1(3) of this
act shall apply to all determinations of disability made after June 30, 1992."
[1993 c 16 § 2.]
Effective date—1993 c 16: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 12, 1993]." [1993 c 16 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—Severability—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Severability—1957 c 183: See RCW 41.33.900.
41.32.522 Death benefits. (1) The department shall
pay a death benefit of six hundred dollars to a member’s
estate or to the persons, trust, or organization the member
nominates by written designation duly executed and filed
with the department or to the persons as may otherwise
qualify as the beneficiary pursuant to RCW 41.32.520 upon
receipt of proper proof of death of the member if he or she:
(a) Was employed on a full time basis during the fiscal
year in which his or her death occurs;
(b) Was under contract for full time employment in a
Washington public school;
(c) Submits an application for a retirement allowance to
be approved by the department immediately following
termination of his or her full-time Washington public school
service and who dies before the first installment of his or her
retirement allowance becomes due;
(d) Is receiving or is entitled to receive temporary
disability payments; or
[Title 41 RCW—page 161]
41.32.522
Title 41 RCW: Public Employment, Civil Service, and Pensions
(e) Upon becoming eligible for a disability retirement
allowance submits an application for an allowance to be
approved by the department immediately following the date
of his or her eligibility for a disability retirement allowance
and dies before the first installment of such allowance
becomes due.
(2) In order to receive a death benefit under this section
a deceased member:
(a) Must have established at least one year of credit
with the retirement system for full time Washington membership service;
(b) Who was not employed full time in Washington
public school service during the fiscal year immediately
preceding the year of his or her death must have been
employed full time in Washington public school service for
at least fifty consecutive days during the fiscal year of his or
her death. [1995 c 144 § 10; 1992 c 212 § 4; 1991 c 35 §
59; 1974 ex.s. c 193 § 4; 1969 ex.s. c 150 § 18; 1967 c 50
§ 8; 1963 ex.s. c 14 § 20.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Effective date—Severability—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.523 Death benefits—Members not qualified
for benefits under RCW 41.32.522 and retired former
members. Upon receipt of proper proof of death of a
member who does not qualify for the death benefit of six
hundred dollars under RCW 41.32.522, or a former member
who was retired for age, service, or disability, a death
benefit of four hundred dollars shall be paid to the member’s
estate or to the persons, trust, or organization as he or she
shall have nominated by written designation duly executed
and filed with the department or to the persons as may
otherwise qualify as the beneficiary pursuant to RCW
41.32.520: PROVIDED, That the member or the retired
former member had established not less than ten years of
credit with the retirement system for full time Washington
membership service. [1995 c 144 § 11; 1992 c 212 § 5;
1991 c 35 § 60; 1974 ex.s. c 193 § 6; 1969 ex.s. c 150 § 19;
1967 c 50 § 9; 1965 ex.s. c 81 § 7; 1963 ex.s. c 14 § 21.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Effective date—Severability—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.530 Options available—Retirement allowance
adjustment—Court-approved property settlement. (1)
Upon an application for retirement for service under RCW
41.32.480 or retirement for disability under RCW 41.32.550,
approved by the department, every member shall receive the
maximum retirement allowance available to him or her
[Title 41 RCW—page 162]
throughout life unless prior to the time the first installment
thereof becomes due he or she has elected, by executing the
proper application therefor, to receive the actuarial equivalent
of his or her retirement allowance in reduced payments
throughout his or her life with the following options:
(a) Standard allowance. If he or she dies before he or
she has received the present value of his or her accumulated
contributions at the time of his or her retirement in annuity
payments, the unpaid balance shall be paid to his or her
estate or to such person, trust, or organization as he or she
shall have nominated by written designation executed and
filed with the department.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a person who has an insurable interest
in the member’s life. Such person shall be nominated by the
member by written designation duly executed and filed with
the department at the time of retirement. The options
adopted by the department shall include, but are not limited
to, a joint and one hundred percent survivor option and a
joint and fifty percent survivor option.
(c) Such other benefits shall be paid to a member
receiving a retirement allowance under RCW 41.32.497 as
the member may designate for himself, herself, or others
equal to the actuarial value of his or her retirement annuity
at the time of his retirement: PROVIDED, That the board
of trustees shall limit withdrawals of accumulated contributions to such sums as will not reduce the member’s retirement allowance below one hundred and twenty dollars
per month.
(d) A member whose retirement allowance is calculated
under RCW 41.32.498 may also elect to receive a retirement
allowance based on options available under this subsection
that includes the benefit provided under RCW 41.32.770.
This retirement allowance option shall also be calculated so
as to be actuarially equivalent to the maximum retirement
allowance and to the options available under this subsection.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member’s spouse as
the beneficiary. Such benefit shall be calculated to be
actuarially equivalent to the benefit options available under
subsection (1) of this section unless spousal consent is not
required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
(2002 Ed.)
Teachers’ Retirement
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as
of July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the
percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the
following:
(i) One hundred percent multiplied by the result of
(c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date
of the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.470 and the member’s
divorcing spouse be divided into two separate benefits
payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
(2002 Ed.)
41.32.530
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age
provided in RCW 41.32.480(2) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (4) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and
the nonmember ex spouse are not (i) subject to the minimum
benefit provisions of RCW 41.32.4851, or (ii) the minimum
benefit annual increase amount eligibility provisions of RCW
41.32.489 (2)(b) and (3)(a).
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 8; 2000 c 186 § 2; 1998 c 340 § 6; 1996 c 175 § 4;
1995 c 144 § 12; 1990 c 249 § 5; 1955 c 274 § 26; 1947 c
80 § 53; Rem. Supp. 1947 § 4995-72. Prior: 1941 c 97 §
7, part; 1939 c 86 § 7, part; 1937 c 221 § 8, part; Rem.
Supp. 1941 § 4995-8, part.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
41.32.540 Disability allowance—Temporary. Upon
application of a member in service or of his or her employer
or of his or her legal guardian or of the legal representative
of a deceased member who was eligible to apply for a
temporary disability allowance based on the final illness a
member shall be granted a temporary disability allowance by
the department if the medical director, after a medical
examination of the member, certifies that the member is
mentally or physically incapacitated for the further performance of duty. Any member receiving a temporary disability allowance on July 1, 1964 or who qualifies for a
temporary disability allowance effective on or after July 1,
1964 shall receive a temporary disability allowance of one
hundred eighty dollars per month for a period not to exceed
two years, but no payments shall be made for a disability
period of less than sixty days: PROVIDED, That a member
who is not employed full time in Washington public school
service for consecutive fiscal years shall have been employed
for at least fifty consecutive days during the fiscal year in
which he or she returns to full time Washington public
school service before he or she may qualify for temporary
disability benefits: PROVIDED FURTHER, That no
temporary disability benefits shall be paid on the basis of an
application received more than four calendar years after a
[Title 41 RCW—page 163]
41.32.540
Title 41 RCW: Public Employment, Civil Service, and Pensions
member became eligible to apply for such benefits. [1992
c 212 § 3; 1991 c 35 § 61; 1974 ex.s. c 193 § 7; 1963 ex.s.
c 14 § 18; 1959 c 37 § 1; 1955 c 274 § 27; 1947 c 80 § 54;
Rem. Supp. 1947 § 4995-73. Prior: 1941 c 97 § 7, part;
1939 c 86 § 7, part; 1937 c 221 § 8, part; Rem. Supp. 1941
§ 4995-8, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Savings—Effective date—Severability—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.550 Options and allowances on report that
disability will be permanent—Reexamination. (1) Should
the director determine from the report of the medical director
that a member employed under an annual contract with an
employer has become permanently disabled for the performance of his or her duties or at any time while a member is
receiving temporary disability benefits that a member’s
disability will be permanent, a member shall have the option
of then receiving (a) all of the accumulated contributions in
a lump sum payment and canceling his or her membership,
or (b) of accepting a retirement allowance based on service
or age, if eligible under RCW 41.32.480, or (c) if the
member had five or more years of Washington membership
service credit established with the retirement system, a
retirement allowance because of disability.
(2) Any member applying for a retirement allowance
who is eligible for benefits on the basis of service or age
shall receive a retirement allowance based on the provision
of law governing retirement for service or age. If the
member qualifies to receive a retirement allowance because
of disability he or she shall be paid the maximum annuity
which shall be the actuarial equivalent of the accumulated
contributions at his or her age of retirement and a pension
equal to the service pension to which he or she would be
entitled under RCW 41.32.497. If the member dies before
he or she has received in annuity payments the present value
of the accumulated contributions at the time of retirement,
the unpaid balance shall be paid to the estate or to the
persons, trust, or organization nominated by written designation executed and filed with the department.
(3) A member retired for disability may be required at
any time to submit to reexamination. If medical findings
reveal that the individual is no longer disabled for the
performance of public school service, the retirement allowance granted because of disability may be terminated by
action of the director or upon written request of the member.
In case of termination, the individual shall be restored to full
membership in the retirement system. [1995 c 144 § 13;
1991 sp.s. c 11 § 6. Prior: 1991 c 365 § 33; 1991 c 35 §
62; 1970 ex.s. c 35 § 4; 1969 ex.s. c 150 § 20; 1967 c 50 §
10; 1963 ex.s. c 14 § 19; 1961 c 132 § 4; 1959 c 37 § 2;
1955 c 274 § 28; 1947 c 80 § 55; Rem. Supp. 1947 §
4995-74; prior: 1941 c 97 § 7, part; 1939 c 86 § 7, part;
1937 c 221 § 8, part; 1931 c 115 § 8; 1923 c 187 § 18; 1917
c 163 § 17, part; Rem. Supp. 1941 § 4995-8, part.]
Purpose—Effective dates—1991 sp.s. c 11: See notes following
RCW 41.26.090.
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
[Title 41 RCW—page 164]
Effective date—Severability—1970 ex.s. c 35: See notes following
RCW 41.32.480.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.555 Persons with annual half-time contracts—
Eligibility for benefits under RCW 41.32.550. Persons
who were under an annual half-time contract with an
employer anytime during the period of September 1, 1986,
through August 31, 1987, shall be eligible for benefits
provided by RCW 41.32.550, as amended by chapter 365,
Laws of 1991, effective beginning the month following when
they left service due to their disability if during that period
they were medically determined to be permanently disabled
for the performance of their duty.
A member who qualifies for benefits under this section
who has not begun receiving benefits prior to June 11, 1992,
shall be permitted to select a survivor option pursuant to
RCW 41.32.530. [1992 c 212 § 19; 1991 c 365 § 34.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.32.570 Postretirement employment—Reduction or suspension
of pension payments (as amended by 2001 c 317). (1)(a) If a retiree enters
employment with an employer sooner than one calendar month after his or
her accrual date, the retiree’s monthly retirement allowance will be reduced
by five and one-half percent for every seven hours worked during that
month. This reduction will be applied each month until the retiree remains
absent from employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue
for a maximum of one hundred forty hours per month. Any monthly
benefit reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2) Any ((retired teacher or retired administrator)) retiree who enters
service in any public educational institution in Washington state and who
has satisfied the break in employment requirement of subsection (1) of this
section shall cease to receive pension payments while engaged in such
service: PROVIDED, That service may be rendered up to ((five hundred
twenty-five)) eight hundred forty hours per school year without reduction
of pension.
(((3) In addition to the five hundred twenty-five hours of service
permitted under subsection (2) of this section, a retired teacher or retired
administrator may also serve only as a substitute teacher for up to an
additional three hundred fifteen hours per school year without reduction of
pension if:
(a) A school district, which is not a member of a multidistrict
substitute cooperative, determines that it has exhausted or can reasonably
anticipate that it will exhaust its list of qualified and available substitutes
and the school board of the district adopts a resolution to make its substitute
teachers who are retired teachers or retired administrators eligible for the
extended service once the list of qualified and available substitutes has been
exhausted. The resolution by the school district shall state that the services
of retired teachers and retired administrators are necessary to address the
shortage of qualified and available substitutes. The resolution shall be valid
only for the school year in which it is adopted. The district shall forward
a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and
may notify the retired teachers and retired administrators included on the list
of their right to take advantage of the provisions of this subsection; or
(b) A multidistrict substitute cooperative determines that the school
districts have exhausted or can reasonably anticipate that they will exhaust
their list of qualified and available substitutes and each of the school boards
adopts a resolution to make their substitute teachers who are retired teachers
or retired administrators eligible for the extended service once the list of
qualified and available substitutes has been exhausted. The resolutions by
each of the school districts shall state that the services of retired teachers
and retired administrators are necessary to address the shortage of qualified
(2002 Ed.)
Teachers’ Retirement
and available substitutes. The resolutions shall be valid only for the school
year in which they are adopted. The cooperative shall forward a copy of
the resolutions with a list of retired teachers and retired administrators who
have been employed as substitute teachers to the department and may notify
the retired teachers and retired administrators included on the list of their
right to take advantage of the provisions of this subsection.
(4) In addition to the five hundred twenty-five hours of service
permitted under subsection (2) of this section, a retired administrator or
retired teacher may also serve as a substitute administrator up to an
additional one hundred five hours per school year without reduction of
pension if a school district board of directors adopts a resolution declaring
that the services of a retired administrator or retired teacher are necessary
because it cannot find a replacement administrator to fill a vacancy. The
resolution shall be valid only for the school year in which it is adopted.
The district shall forward a copy of the resolution with the name of the
retired administrator or retired teacher who has been employed as a
substitute administrator to the department.
(5) In addition to the five hundred twenty-five hours of service
permitted under subsection (2) of this section and the one hundred five
hours permitted under subsection (4) of this section, a retired principal may
also serve as a substitute principal up to an additional two hundred ten
hours per school year without a reduction of pension if a school district
board of directors adopts a resolution declaring that the services of a retired
principal are necessary because it cannot find a replacement principal to fill
a vacancy. The resolution shall be valid only for the school year in which
it is adopted. The district shall forward a copy of the resolution with the
name of the retired principal who has been employed as a substitute
principal to the department.
(6) Subsection (2) of this section shall apply to all persons governed
by the provisions of plan 1, regardless of the date of their retirement, but
shall apply only to benefits payable after June 11, 1986.
(7) Subsection (3) of this section shall apply to all persons governed
by the provisions of plan 1, regardless of the date of their retirement, but
shall only apply to benefits payable after September 1, 1994.))
(3) The department shall collect and provide the state actuary with
information relevant to the use of this section for the joint committee on
pension policy.
(4) The legislature reserves the right to amend or repeal this section
in the future and no member or beneficiary has a contractual right to receive
eight hundred forty hours per year of postretirement employment. [2001 c
317 § 1; 1999 c 387 § 1; 1997 c 254 § 5; 1995 c 264 § 1; 1994 c 69 § 2;
1989 c 273 § 29; 1986 c 237 § 1; 1967 c 151 § 5; 1959 c 37 § 3; 1955 c
274 § 30; 1947 c 80 § 57; Rem. Supp. 1947 § 4995-76.]
41.32.570 Postretirement employment—Reduction or suspension
of pension payments (as amended by 2001 2nd sp.s. c 10). (1)(a) If a
retiree enters employment with an employer sooner than one calendar month
after his or her accrual date, the retiree’s monthly retirement allowance will
be reduced by five and one-half percent for every seven hours worked
during that month. This reduction will be applied each month until the
retiree remains absent from employment with an employer for one full
calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue
for a maximum of one hundred forty hours per month. Any monthly
benefit reduction over one hundred percent will be applied to the benefit the
retiree is eligible to receive in subsequent months.
(2) Any retired teacher or retired administrator who enters service in
any public educational institution in Washington state and who has satisfied
the break in employment requirement of subsection (1) of this section shall
cease to receive pension payments while engaged in such service((:
PROVIDED, That service may be rendered up to five hundred twenty-five
hours per school year without reduction of pension.
(3) In addition to the five hundred twenty-five hours of service
permitted under subsection (2) of this section, a retired teacher or retired
administrator may also serve only as a substitute teacher for up to an
additional three hundred fifteen hours per school year without reduction of
pension if:
(a) A school district, which is not a member of a multidistrict
substitute cooperative, determines that it has exhausted or can reasonably
anticipate that it will exhaust its list of qualified and available substitutes
and the school board of the district adopts a resolution to make its substitute
teachers who are retired teachers or retired administrators eligible for the
extended service once the list of qualified and available substitutes has been
exhausted. The resolution by the school district shall state that the services
of retired teachers and retired administrators are necessary to address the
(2002 Ed.)
41.32.570
shortage of qualified and available substitutes. The resolution shall be valid
only for the school year in which it is adopted. The district shall forward
a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and
may notify the retired teachers and retired administrators included on the list
of their right to take advantage of the provisions of this subsection; or
(b) A multidistrict substitute cooperative determines that the school
districts have exhausted or can reasonably anticipate that they will exhaust
their list of qualified and available substitutes and each of the school boards
adopts a resolution to make their substitute teachers who are retired teachers
or retired administrators eligible for the extended service once the list of
qualified and available substitutes has been exhausted. The resolutions by
each of the school districts shall state that the services of retired teachers
and retired administrators are necessary to address the shortage of qualified
and available substitutes. The resolutions shall be valid only for the school
year in which they are adopted. The cooperative shall forward a copy of
the resolutions with a list of retired teachers and retired administrators who
have been employed as substitute teachers to the department and may notify
the retired teachers and retired administrators included on the list of their
right to take advantage of the provisions of this subsection.
(4) In addition to the five hundred twenty-five hours of service
permitted under subsection (2) of this section, a retired administrator or
retired teacher may also serve as a substitute administrator up to an
additional one hundred five hours per school year without reduction of
pension if a school district board of directors adopts a resolution declaring
that the services of a retired administrator or retired teacher are necessary
because it cannot find a replacement administrator to fill a vacancy. The
resolution shall be valid only for the school year in which it is adopted.
The district shall forward a copy of the resolution with the name of the
retired administrator or retired teacher who has been employed as a
substitute administrator to the department.
(5) In addition to the five hundred twenty-five hours of service
permitted under subsection (2) of this section and the one hundred five
hours permitted under subsection (4) of this section, a retired principal may
also serve as a substitute principal up to an additional two hundred ten
hours per school year without a reduction of pension if a school district
board of directors adopts a resolution declaring that the services of a retired
principal are necessary because it cannot find a replacement principal to fill
a vacancy. The resolution shall be valid only for the school year in which
it is adopted. The district shall forward a copy of the resolution with the
name of the retired principal who has been employed as a substitute
principal to the department.
(6) Subsection (2) of this section shall apply to all persons governed
by the provisions of plan 1, regardless of the date of their retirement, but
shall apply only to benefits payable after June 11, 1986.
(7) Subsection (3) of this section shall apply to all persons governed
by the provisions of plan 1, regardless of the date of their retirement, but
shall only apply to benefits payable after September 1, 1994)), after the
retiree has rendered service for more than one thousand five hundred hours
in a school year. When a retired teacher or administrator renders service
beyond eight hundred sixty-seven hours, the department shall collect from
the employer the applicable employer retirement contributions for the entire
duration of the member’s employment during that fiscal year.
(3) The department shall collect and provide the state actuary with
information relevant to the use of this section for the joint committee on
pension policy.
(4) The legislature reserves the right to amend or repeal this section
in the future and no member or beneficiary has a contractual right to be
employed for more than five hundred twenty-five hours per year without a
reduction of his or her pension. [2001 2nd sp.s. c 10 § 3; 1999 c 387 § 1;
1997 c 254 § 5; 1995 c 264 § 1; 1994 c 69 § 2; 1989 c 273 § 29; 1986 c
237 § 1; 1967 c 151 § 5; 1959 c 37 § 3; 1955 c 274 § 30; 1947 c 80 § 57;
Rem. Supp. 1947 § 4995-76.]
Reviser’s note: RCW 41.32.570 was amended twice during the 2001
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Effective date—1995 c 264: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 5, 1995]." [1995 c 264 § 2.]
[Title 41 RCW—page 165]
41.32.570
Title 41 RCW: Public Employment, Civil Service, and Pensions
Findings—1994 c 69: "The legislature finds that there is a shortage
of certificated substitute teachers in many regions of the state, and that this
shortage will likely increase in the coming years. The legislature further
finds that one method of reducing this shortage of substitute teachers is to
encourage retired teachers to serve as substitutes by increasing the number
of days they can work without affecting their retirement payments." [1994
c 69 § 1.]
Severability—1989 c 273: See RCW 41.45.900.
Effective date—Severability—1967 c 151: See notes following
RCW 41.32.480.
"PLAN 2"
41.32.755 Provisions applicable to plan 2. RCW
41.32.760 through 41.32.825 shall apply only to plan 2
members. [1992 c 72 § 7; 1977 ex.s. c 293 § 2.]
Effective date—1977 ex.s. c 293: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect October 1, 1977." [1977 ex.s. c 293 § 23.]
Severability—1977 ex.s. c 293: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 293 § 22.]
Legislative direction and placement—1977 ex.s. c 293: "Sections
1 through 17 of this 1977 amendatory act shall be added to chapter 41.32
RCW and shall be codified as consecutive sections of the Revised Code of
Washington within such chapter." [1977 ex.s. c 293 § 21.]
Section headings—1977 ex.s. c 293: "Section headings used in this
1977 amendatory act shall not constitute any part of the law." [1977 ex.s.
c 293 § 20.]
41.32.760 Computation of the retirement allowance.
A member of the retirement system shall receive a retirement allowance equal to two percent of such member’s
average final compensation for each year of service. [1977
ex.s. c 293 § 3.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.762 Lump sum retirement allowance—
Reentry—Conditions for reinstatement of service. (1) On
or after June 10, 1982, the director may pay a beneficiary,
subject to the provisions of subsection (5) of this section, a
lump sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.32.760 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
such monthly benefits or an amount equal to the individual’s
accumulated contributions plus accrued interest.
(2) A beneficiary, subject to the provisions of subsection
(5) of this section, who is receiving a regular monthly
benefit of less than fifty dollars may request, in writing, to
convert from a monthly benefit to a lump sum payment. If
the director approves the conversion, the calculation of the
actuarial equivalent of the total estimated regular benefit will
be computed based on the beneficiary’s age at the time the
benefit initially accrued. The lump sum payment will be
reduced to reflect any payments received on or after the
initial benefit accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status
reinstate all previous service by depositing the lump sum
[Title 41 RCW—page 166]
payment received, with interest as computed by the director,
within two years of returning to service or prior to reretiring, whichever comes first. In computing the amount
due, the director shall exclude the accumulated value of the
normal payments the member would have received while in
beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service
retirement allowance under RCW 41.32.760 or an earned
disability allowance under RCW 41.32.790 qualify for
participation under this section.
(6) It is the intent of the legislature that any member
who receives a settlement under this section shall be deemed
to be retired from this system. [1994 c 197 § 19; 1982 c
144 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.32.765 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years of service who has attained at least age sixtyfive shall be eligible to retire and to receive a retirement
allowance computed according to the provisions of RCW
41.32.760.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years of service who
has attained at least age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.32.760, except that a member
retiring pursuant to this subsection shall have the retirement
allowance actuarially reduced to reflect the difference in the
number of years between age at retirement and the attainment of age sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least thirty service credit
years and has attained age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.32.760, except that a member
retiring pursuant to this subsection shall have the retirement
allowance reduced by three percent per year to reflect the
difference in the number of years between age at retirement
and the attainment of age sixty-five. [2000 c 247 § 902;
1991 c 343 § 5; 1977 ex.s. c 293 § 4.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.770 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(2002 Ed.)
Teachers’ Retirement
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual
adjustment to the original retirement allowance and shall be
applied beginning with the July payment. In no event,
however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 293 § 5.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.780 Teachers required to be members. All
teachers who become employed by an employer in an
eligible position on or after October 1, 1977, shall be
members of the retirement system and shall be governed by
the provisions of RCW 41.32.755 through 41.32.825. [1991
c 35 § 67; 1990 c 274 § 15; 1979 ex.s. c 45 § 5; 1977 ex.s.
c 293 § 7.]
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See
note following RCW 41.40.690.
Effective date—1979 ex.s. c 45: See note following RCW 41.26.040.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.785 Options for payment of retirement
allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for
service as prescribed in RCW 41.32.765 or retirement for
disability under RCW 41.32.790, a member shall elect to
have the retirement allowance paid pursuant to the following
options, calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total
of the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the
member’s estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there
be no such designated person or persons still living at the
(2002 Ed.)
41.32.770
time of the retiree’s death, then to the surviving spouse; or
if there be neither such designated person or persons still
living at the time of death nor a surviving spouse, then to the
retiree’s legal representative.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a designated person. Such person
shall be nominated by the member by written designation
duly executed and filed with the department at the time of
retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred
percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member’s
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member’s spouse as
the beneficiary. Such benefit shall be calculated to be
actuarially equivalent to the benefit options available under
subsection (1) of this section unless spousal consent is not
required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as
of July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the
percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the
following:
(i) One hundred percent multiplied by the result of
(c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date
of the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
[Title 41 RCW—page 167]
41.32.785
Title 41 RCW: Public Employment, Civil Service, and Pensions
(4) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.815 and the member’s
divorcing spouse be divided into two separate benefits
payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age
provided in RCW 41.32.765(1) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (4) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
[Title 41 RCW—page 168]
the benefits payable prior to the decree of dissolution. [2002
c 158 § 9; 2000 c 186 § 4; 1998 c 340 § 7; 1996 c 175 § 5;
1995 c 144 § 14; 1990 c 249 § 6; 1977 ex.s. c 293 § 8.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.790 Earned disability allowance—Eligibility—
Disposition upon death of recipient. (1) A member of the
retirement system who becomes totally incapacitated for
continued employment by an employer as determined by the
department upon recommendation of the department shall be
eligible to receive an allowance under the provisions of
RCW 41.32.755 through 41.32.825. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.32.760 and shall have the allowance
actuarially reduced to reflect the difference in the number of
years between age at disability and the attainment of age
sixty-five.
Any member who receives an allowance under the
provisions of this section shall be subject to comprehensive
medical examinations as required by the department. If
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the
accumulated contributions at the date of retirement, then the
balance shall be paid to the member’s estate, or the person
or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the
director, or, if there is no designated person or persons still
living at the time of the recipient’s death, then to the
surviving spouse, or, if there is neither a designated person
or persons still living at the time of his or her death nor a
surviving spouse, then to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient
equaled the amount of his or her accumulated contributions
at the date of retirement, then the department shall pay the
balance of the accumulated contributions to the member’s
surviving spouse or, if there is no surviving spouse, then in
equal shares to the member’s children. If there is no
surviving spouse or children, the department shall retain the
contributions. [1995 c 144 § 15; 1991 c 35 § 68; 1990 c
249 § 20; 1989 c 191 § 2; 1977 ex.s. c 293 § 9.]
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.795 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.32.765, 41.32.790, or 41.32.805 shall be eligible to
(2002 Ed.)
Teachers’ Retirement
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.32.765 shall accrue from the first day
of the calendar month immediately following such member’s
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance
pursuant to RCW 41.32.765, shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.32.790 shall accrue from
the first day of the calendar month immediately following
such member’s separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.32.805 shall accrue from the first
day of the calendar month immediately following the
member’s death. [1977 ex.s. c 293 § 10.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.800 Suspension of retirement allowance upon
reemployment—Reinstatement. (1) Except as provided in
RCW 41.32.802, no retiree under the provisions of plan 2
shall be eligible to receive such retiree’s monthly retirement
allowance if he or she is employed in an eligible position as
defined in RCW 41.40.010, 41.32.010, or 41.35.010, or as a
law enforcement officer or fire fighter as defined in RCW
41.26.030.
If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her
benefits to be suspended. Upon reinstatement, the retiree’s
benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(2) The department shall adopt rules implementing this
section. [1998 c 341 § 605; 1997 c 254 § 6; 1990 c 274 §
13; 1977 ex.s. c 293 § 11.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.802 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (1)(a)
If a retiree enters employment with an employer sooner than
one calendar month after his or her accrual date, the retiree’s
monthly retirement allowance will be reduced by five and
one-half percent for every seven hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
(2002 Ed.)
41.32.795
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up
to eight hundred sixty-seven hours per calendar year in an
eligible position, as defined in RCW 41.32.010, 41.35.010,
or 41.40.010, or as a fire fighter or law enforcement officer,
as defined in RCW 41.26.030, without suspension of his or
her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement
benefits shall not accrue during the period of membership
and the individual shall make contributions and receive
membership credit. Such a member shall have the right to
again retire if eligible. [2001 2nd sp.s. c 10 § 8; 1997 c 254
§ 8.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
41.32.805 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount
of the accumulated contributions standing to such member’s
credit in the retirement system, less any amount identified as
owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670, at the time of such member’s death shall be paid
to the member’s estate, or such person or persons, trust, or
organization as the member shall have nominated by written
designation duly executed and filed with the department. If
there be no such designated person or persons still living at
the time of the member’s death, such member’s accumulated
contributions standing to such member’s credit in the
retirement system, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid to the member’s surviving spouse as if in fact such
spouse had been nominated by written designation, or if
there be no such surviving spouse, then to such member’s
legal representatives.
(2) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies,
the surviving spouse or eligible children shall elect to receive
either:
(a) A retirement allowance computed as provided for in
RCW 41.32.765, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.32.785 and if the member was not eligible for
normal retirement at the date of death a further reduction as
described in RCW 41.32.765; if a surviving spouse who is
receiving a retirement allowance dies leaving a child or
children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an
amount equal to that which was being received by the
surviving spouse, share and share alike, until such child or
children reach the age of majority; if there is no surviving
[Title 41 RCW—page 169]
41.32.805
Title 41 RCW: Public Employment, Civil Service, and Pensions
spouse eligible to receive an allowance at the time of the
member’s death, such member’s child or children under the
age of majority shall receive an allowance share and share
alike calculated as herein provided making the assumption
that the ages of the spouse and member were equal at the
time of the member’s death; or
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies
after October 1, 1977, and is not survived by a spouse or an
eligible child, then the accumulated contributions standing to
the member’s credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the
member’s legal representatives. [2000 c 247 § 1002; 1995
c 144 § 16; 1993 c 236 § 4; 1991 c 365 § 30; 1990 c 249 §
16; 1977 ex.s. c 293 § 12.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.810 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue
to receive service credit as provided for under the provisions
of RCW 41.32.755 through 41.32.825.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (6) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if the member makes both the employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
[Title 41 RCW—page 170]
within five years of resumption of service or prior to
retirement whichever comes sooner.
(4) If a member fails to meet the time limitations of
subsection (3) of this section, the member may receive a
maximum of two years of service credit during a member’s
working career for those periods when a member is on
unpaid leave of absence authorized by an employer. This
may be done by paying the amount required under RCW
41.50.165(2) prior to retirement.
(5) For the purpose of subsection (3) of this section, the
contribution shall not include the contribution for the
unfunded supplemental present value as required by *RCW
41.32.775. The contributions required shall be based on the
average of the member’s earnable compensation at both the
time the authorized leave of absence was granted and the
time the member resumed employment.
(6) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the
federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under *RCW 41.32.775 within five years of
resumption of service or prior to retirement, whichever
comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption
of service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii)
of this subsection, the department shall establish the
member’s service credit and shall bill the employer for its
contribution required under *RCW 41.32.775 for the period
of military service, plus interest as determined by the
department.
(c) The contributions required under (a)(ii) of this
subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be
estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the
member went on military leave. [1996 c 61 § 2; 1994 c 197
§ 20; 1993 c 95 § 6; 1992 c 119 § 2; 1977 ex.s. c 293 § 13.]
*Reviser’s note: RCW 41.32.775 was repealed by 1995 c 239 § 326,
effective July 1, 1996.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
Retroactive application—1992 c 119: See note following RCW
41.26.520.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
(2002 Ed.)
Teachers’ Retirement
41.32.812 Service credit for half-time employment
from October 1, 1977, through December 31, 1986. The
department of retirement systems shall credit at least onehalf service credit month for each month of each school
year, as defined by RCW 28A.150.040, from October 1,
1977, through December 31, 1986, to a member of the
teachers’ retirement system plan 2 who was employed by an
employer, as defined by RCW 41.32.010, under a contract
for half-time employment as determined by the department
for such school year and from whose compensation contributions were paid by the employee or picked up by the employer. Any withdrawn contributions shall be restored under
*RCW 41.32.500(1) or 41.50.165 prior to crediting any
service. [1994 c 197 § 21; 1992 c 212 § 20; 1991 c 343 §
12.]
*Reviser’s note: RCW 41.32.500(1) was renumbered by 1994 c 197
§ 17 and deleted in large part by 1994 c 177 § 5.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
41.32.815 Vested membership. A member who
separates or has separated after having completed at least
five years of service may remain a member during the
period of such member’s absence from service for the
exclusive purpose only of receiving a retirement allowance
under the provisions of RCW 41.32.765 if such member
maintains the member’s accumulated contributions intact.
[1977 ex.s. c 293 § 14.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.817 Transfer to plan 3—Irrevocable option.
(1) Every plan 2 member employed by an employer in an
eligible position may make an irrevocable option to transfer
to plan 3.
(2) Any plan 2 member who is a substitute teacher may
make an irrevocable option to transfer to plan 3 at the time
the member purchases substitute service credit pursuant to
RCW 41.32.013, pursuant to time lines and procedures
established by the department.
(3) Any plan 2 member, other than a substitute teacher,
who wishes to transfer to plan 3 after December 31, 1997,
may transfer during the month of January in any following
year, provided that the member earns service credit for that
month.
(4) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(5) The accumulated contributions in plan 2 less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member’s account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant to RCW 41.50.165(2) that are not transferred to the
member’s account shall be transferred to the fund created in
RCW 41.50.075(2), except that interest earned on all such
contributions shall be transferred to the member’s account.
(6) The legislature reserves the right to discontinue the
right to transfer under this section.
(2002 Ed.)
41.32.812
(7) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3. [1996 c 39 § 2; 1995 c 239 §
303.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.818 Public employees’ retirement system
members who previously declined membership in the
teachers’ retirement system—Transfer to plan 3—
Irrevocable option. Any member of the public employees’
retirement system plan 2 who is employed in an eligible
position as an educational staff associate and who elected
pursuant to RCW 41.32.032(2)(a) to remain a member of the
public employees’ retirement system under chapter 41.40
RCW may make an irrevocable option before January 1,
1998, to transfer to plan 3 pursuant to RCW 41.32.817,
PROVIDED THAT:
(1) Only service credit for previous periods of employment in a position covered by RCW 41.32.010 is transferred
to plan 3;
(2) Equivalent accumulated employee and employer
contributions attributable to service covered by subsection
(1) of this section are transferred to plan 3;
(3) Employer contributions transferred under this section
shall be paid into the teachers’ retirement system combined
plan 2 and 3 fund. [1996 c 39 § 3; 1995 c 239 § 304.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.820 Refund of contributions on termination.
A member who ceases to be an employee of an employer
except by service or disability retirement may request a
refund of the member’s accumulated contributions. The
refund shall be made within ninety days following the
receipt of the request and notification of termination through
the contribution reporting system by the employer; except
that in the case of death, an initial payment shall be made
within thirty days of receipt of request for such payment and
notification of termination through the contribution reporting
system by the employer. A member who files a request for
refund and subsequently enters into employment with
another employer prior to the refund being made shall not be
eligible for a refund. The refund of accumulated contributions shall terminate membership and all benefits under the
provisions of RCW 41.32.755 through 41.32.825. [1988 c
117 § 1; 1982 1st ex.s. c 52 § 17; 1977 ex.s. c 293 § 15.]
Effective date—1988 c 117: "This act shall take effect July 1, 1988."
[1988 c 117 § 3.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
[Title 41 RCW—page 171]
41.32.825
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.825 Reentry. (1) A member, who had left
service and withdrawn the member’s accumulated contributions, shall, upon reestablishment of membership under RCW
41.32.240, receive service credit for such prior service if the
member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as
determined by the department. The restoration of such funds
must be completed within five years of the resumption of
service or prior to retirement, whichever occurs first.
(2) If a member fails to meet the time limitations of
subsection (1) of this section, the member may receive
service credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 22; 1988 c 117 § 2; 1977 ex.s. c 293 § 16.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Effective date—1988 c 117: See note following RCW 41.32.820.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.840 Computation of the retirement allowance.
(1) A member of the retirement system shall receive a
retirement allowance equal to one percent of such member’s
average final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.32.875 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [1996 c 39 § 4; 1995 c
239 § 106.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
"PLAN 3"
41.32.831 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.32.831 through 41.32.895 shall
apply only to plan 3 members.
(2) Plan 3 shall consist of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [1996 c 39 § 10; 1995 c 239 § 104.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: "The legislature recognizes that
teachers, principals, and district administrators need the ability to make
transitions to other public or private sector careers, and that the retirement
system should not be a barrier to exercise of employee choice. The
legislature also recognizes that teachers, principals, and district administrators need a secure and viable retirement benefit, not only for their own
financial protection, but also that public funds are spent prudently for their
intended purpose.
It is the legislative intent to create a new public retirement system that
balances flexibility with stability, provides both increased employee control
of investments and responsible protection of the public’s investment in
employee benefits, and encourages the pursuit of public sector careers
without preventing employees from transitioning into other public or private
sector employment.
Therefore, the purpose of chapter 239, Laws of 1995 is to continue to
provide teachers, principals, and district administrators with a guaranteed
pension at retirement age based on years of public service with an element
of inflation protection. It is further the purpose of chapter 239, Laws of
1995 to create a parallel retirement plan where employees have options
regarding the investment of their retirement contributions and have the
opportunity, along with the accompanying risk, to receive a full rate of
return on their investments and where employees who leave public
employment prior to retirement receive a fair and reasonable value from the
retirement system." [1995 c 239 § 1.]
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.835 Membership in plan 3. All teachers who
first become employed by an employer in an eligible
position on or after July 1, 1996, shall be members of plan
3. [1995 c 239 § 105.]
[Title 41 RCW—page 172]
41.32.8401 Additional payment. (1) Anyone who
requests to transfer under RCW 41.32.817 before January 1,
1998, and establishes service credit for January 1998, shall
have their member account increased by forty percent of:
(a) Plan 2 accumulated contributions as of January 1,
1996, less fifty percent of any payments made pursuant to
RCW 41.50.165(2); or
(b) All amounts withdrawn after January 1, 1996, which
are completely restored before January 1, 1998.
(2) A further additional payment of twenty-five percent,
for a total of sixty-five percent, shall be paid subject to the
conditions contained in subsection (1) of this section on July
1, 1998.
(3) Substitute teachers shall receive the additional
payment provided in subsection (1) of this section if they:
(a) Establish service credit for January 1998; and
(b) Establish any service credit from July 1996 through
December 1997; and
(c) Elect to transfer on or before March 1, 1999.
(4) If a member who requests to transfer dies before
January 1, 1998, the additional payment provided by this
section shall be paid to the member’s estate, or the person or
persons, trust, or organization the member nominated by
written designation duly executed and filed with the department.
(5) The legislature reserves the right to modify or
discontinue the right to an incentive payment under this
section for any plan 2 members who have not previously
transferred to plan 3. [1998 c 341 § 701; 1997 c 10 § 1;
1996 c 39 § 8.]
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.32.845 Postretirement cost-of-living allowance.
Retirement allowances paid under the defined benefit portion
of plan 3 shall have a postretirement cost-of-living allowance
calculated and paid as provided in RCW 41.32.770. [1995
c 239 § 107.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
(2002 Ed.)
Teachers’ Retirement
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.851 Options for payment of retirement
allowances—Court-approved property settlement. (1)
Upon retirement for service as prescribed in RCW 41.32.875
or retirement for disability under RCW 41.32.880, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be
actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. Upon the death of the retired member, all
benefits shall cease.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to such person or persons as the retiree
shall have nominated by written designation duly executed
and filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty-percent
survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
(2002 Ed.)
41.32.845
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.875(1) and the
member’s divorcing spouse be divided into two separate
benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age
provided in RCW 41.32.875(1) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (3) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 10; 2000 c 186 § 5; 1995 c 239 § 108.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.855 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.32.875, 41.32.880, or 41.32.895 shall be eligible to
[Title 41 RCW—page 173]
41.32.855
Title 41 RCW: Public Employment, Civil Service, and Pensions
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately
following such member’s separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.32.875 shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member’s separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member’s death. [1996 c 39 § 5; 1995 c 239
§ 109.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.860 Suspension of retirement allowance upon
reemployment—Reinstatement. (1) Except under RCW
41.32.862, no retiree shall be eligible to receive such
retiree’s monthly retirement allowance if he or she is
employed in an eligible position as defined in RCW
41.40.010, 41.32.010, or 41.35.010, or as a law enforcement
officer or fire fighter as defined in RCW 41.26.030.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused the suspension
of benefits. Upon reinstatement, the retiree’s benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department. [2001 2nd sp.s. c 10 § 9; 1997 c 254 § 7;
1995 c 239 § 110.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.862 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (1)(a)
If a retiree enters employment with an employer sooner than
one calendar month after his or her accrual date, the retiree’s
monthly retirement allowance will be reduced by five and
one-half percent for every seven hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
[Title 41 RCW—page 174]
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up
to eight hundred sixty-seven hours per calendar year in an
eligible position, as defined in RCW 41.32.010, 41.35.010,
or 41.40.010, or as a fire fighter or law enforcement officer,
as defined in RCW 41.26.030, without suspension of his or
her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement
benefits shall not accrue during the period of membership
and the individual shall make contributions and receive
membership credit. Such a member shall have the right to
again retire if eligible. [2001 2nd sp.s. c 10 § 10; 1997 c
254 § 9.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
41.32.865 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue
to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department;
and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined
contribution portion.
The contributions required shall be based on the average
of the member’s earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service if within ninety days of the
member’s honorable discharge from the United States armed
forces, the member applies for reemployment with the
employer who employed the member immediately prior to
(2002 Ed.)
Teachers’ Retirement
the member entering the United States armed forces. This
subsection shall be administered in a manner consistent with
the requirements of the federal uniformed services employment and reemployment rights act.
The department shall establish the member’s service
credit and shall bill the employer for its contribution required
under chapter 239, Laws of 1995 for the period of military
service, plus interest as determined by the department.
Service credit under this subsection may be obtained only if
the member makes the employee contribution to the defined
contribution portion as determined by the department.
The contributions required shall be based on the
compensation the member would have earned if not on
leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year
prior to when the member went on military leave. [1996 c
61 § 3; 1995 c 239 § 111.]
Effective date—1996 c 61 § 3: "Section 3 of this act shall take effect
July 1, 1996." [1996 c 61 § 5.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.867 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the employee to purchase plan 3 service credit shall be allocated to the
defined benefit portion of plan 3 and shall not be refundable
when paid to the fund described in RCW 41.50.075(2).
Contributions on behalf of the employee shall be allocated
to the member account. If the member fails to meet the
statutory time limitations to purchase plan 3 service credit,
it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member’s account.
(2) No purchased plan 3 membership service will be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the
member, the department shall bill the employer for any
contributions, plus interest, required to purchase membership
service. [1996 c 39 § 11.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.32.870 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member’s beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred
dollar limit shall be increased by three percent compounded
annually on January 1. The lump sum payment shall be the
actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status
reinstate all previous service by depositing the lump sum
payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the
normal payments the member would have received while in
beneficiary status if the lump sum payment had not occurred.
(2002 Ed.)
41.32.865
(3) Any member who receives a settlement under this
section shall be deemed to be retired from this system.
[1995 c 239 § 112.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.875 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age fifty-four; or
(c) Completed five service credit years by July 1, 1996,
under plan 2 and who transferred to plan 3 under RCW
41.32.817;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.32.840.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.32.840, except that a member retiring pursuant
to this subsection shall have the retirement allowance
actuarially reduced to reflect the difference in the number of
years between age at retirement and the attainment of age
sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least thirty service credit
years and has attained age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.32.840, except that a member
retiring pursuant to this subsection shall have the retirement
allowance reduced by three percent per year to reflect the
difference in the number of years between age at retirement
and the attainment of age sixty-five. [2000 c 247 § 903;
1996 c 39 § 6; 1995 c 239 § 113.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.880 Earned disability allowance—Eligibility—
Disposition upon death of recipient. (1) A member of the
retirement system who becomes totally incapacitated for
continued employment by an employer as determined by the
department shall be eligible to receive an allowance under
the provisions of plan 3. The member shall receive a
monthly disability allowance computed as provided for in
RCW 41.32.840 and shall have this allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixtyfive.
Any member who receives an allowance under the
provisions of this section shall be subject to comprehensive
medical examinations as required by the department. If
[Title 41 RCW—page 175]
41.32.880
Title 41 RCW: Public Employment, Civil Service, and Pensions
these medical examinations reveal that a member has
recovered from the incapacitating disability and the member
is offered reemployment by an employer at a comparable
compensation, the member shall cease to be eligible for the
allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.32.851. [1995 c 239 § 114.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.892 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects
to transfer to plan 3 and has eligible unrestored withdrawn
contributions in plan 2, may restore such contributions under
the provisions of RCW 41.32.825(1) with interest as determined by the department. The restored plan 2 service credit
will be automatically transferred to plan 3. Restoration
payments will be transferred to the member account in plan
3. If the member fails to meet the time limitations of RCW
41.32.825(1), they may restore such contributions under the
provisions of RCW 41.50.165(2). The restored plan 2
service credit will be automatically transferred to plan 3.
One-half of the restoration payments under RCW
41.50.165(2) plus interest shall be allocated to the member’s
account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.32.810(3).
Purchased plan 2 service credit will be automatically
transferred to plan 3. Contributions on behalf of the
employer paid by the employee shall be allocated to the
defined benefit portion of plan 3 and shall not be refundable
when paid to the fund described in RCW 41.50.075(2).
Contributions on behalf of the employee shall be allocated
to the member account. If the member fails to meet the time
limitations of RCW 41.32.810(3), they may subsequently
restore such contributions under the provisions of RCW
41.50.165(2). Purchased plan 2 service credit will be
automatically transferred to plan 3. One-half of the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member’s account. [1996 c 39 § 9.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.32.895 Death benefits. If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided
in RCW 41.32.851 actuarially reduced to reflect a joint and
one hundred percent survivor option and if the member was
not eligible for normal retirement at the date of death a
further reduction as described in RCW 41.32.875.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
[Title 41 RCW—page 176]
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be
calculated with the assumption that the age of the spouse and
member were equal at the time of the member’s death.
[2000 c 247 § 1003; 1996 c 39 § 7; 1995 c 239 § 117.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Chapter 41.33
TEACHERS’ RETIREMENT—
FEDERAL SOCIAL SECURITY
Sections
41.33.010
41.33.020
41.33.030
41.33.900
Plan for covering members under OASI approved.
Terms and provisions of plan.
Effective date for coverage of members.
Severability—1957 c 183.
41.33.010 Plan for covering members under OASI
approved. The plan for covering the members of the
teachers’ retirement system under the old age and survivor
insurance provisions of Title II of the federal social security
act as amended, required by RCW 41.48.050 as amended by
section 5, chapter 4, Laws of the Extraordinary Session of
1955, approved by the board of trustees of the teachers’
retirement system on October 8, 1956, and by the governor
of the state of Washington on November 19, 1956, is hereby
approved. [1957 c 183 § 1.]
41.33.020 Terms and provisions of plan. The terms
and provisions of the plan are as follows:
(1) Each political subdivision of the state employing
members of the teachers’ retirement system and the members
of the teachers’ retirement system, after the approval of this
plan by the legislature, and by the eligible employees
through a referendum as provided in RCW 41.48.030 (3) and
(4), shall be deemed to have accepted and agreed to be
bound by the following terms and conditions in consideration
of extension of the existing agreement between the secretary
of health, education and welfare and the governor to make
the protection of the federal old age and survivors insurance
program available and applicable to such employees.
(2) As used in this plan the terms quoted below shall
have the meanings assigned thereto in this section.
"Political subdivision" means any political subdivision,
or instrumentality of one or more subdivisions, or proprietary
enterprise acquired, purchased or originated by one or more
such subdivisions after December, 1950, which employs
members of the teachers’ retirement system. The state, its
agencies, instrumentalities and institutions of higher learning
shall be grouped and considered as a single political subdivision.
"Employee" means any person who is a member of the
teachers’ retirement system and is employed by a political
subdivision.
(2002 Ed.)
Teachers’ Retirement—Federal Social Security
"Wages" shall have the meaning given in RCW
41.48.020(1) and section 209 of the social security act (42
U.S.C.A. Sec. 409).
"State" where not otherwise clearly indicated by the
context, means the commissioner of employment security or
other officer designated by the governor to administer the
plan at the state level for all participating political subdivisions.
(3) The terms and conditions of this plan are intended
and shall be construed to be in conformity with the requirements of the federal social security act as amended and with
the requirements of chapter 41.48 RCW, and particularly
RCW 41.48.050, as amended by chapter 4, Laws of 1955
extraordinary session.
(4) The rights and benefits accruing to employees from
membership in the teachers’ retirement system shall in no
way be altered or impaired by this plan or by the additional
and supplementary OASI coverage which such employees
may receive hereunder, other than the elimination of (1), (2)
and (3) of section 52, chapter 80, Laws of 1947 and RCW
41.32.520 as each are amended, with the exception of that
part of (1) which permits a widow or widower without a
child or children under age eighteen to receive a monthly
payment of fifty dollars at age fifty, provided that the
member had fifteen or more years of Washington membership service credit at date of death.
(5) There shall be no additional cost to or involvement
of the state or a political subdivision with respect to OASI
coverage of members of the teachers’ retirement system until
this plan has been approved by the legislature.
(6) Each employee to whom OASI coverage is made
applicable under this plan pursuant to an extension or
modification under RCW 41.48.030 of the existing agreement between the secretary of health, education and welfare
and the governor shall be required to pay into the *OASI
contribution fund established by RCW 41.48.060 during the
period of such coverage contributions with respect to his
wages in an amount equal to the employee tax imposed by
the federal insurance contributions act (section 3101, Internal
Revenue Code of 1954), in consideration of the employee’s
retention in service by the political subdivision. The
subdivision shall withhold such contributions from the wages
paid to the employee; and shall remit the contributions so
withheld in each calendar quarter to the state for deposit in
the *contribution fund not later than the twentieth calendar
day of the month following that quarter.
(7) Each political subdivision shall pay into the *contribution fund with respect to the wages of its employees
during the period of their OASI coverage pursuant to this
plan contributions in an amount equal to the employer tax
imposed by the federal insurance contributions act (section
3111, Internal Revenue Code of 1954), from the fund of the
subdivision from which such employees’ wages are paid.
The subdivision shall remit such contributions to the state for
deposit in the *contribution fund on a quarterly basis, not
later than the twentieth calendar day of the month following
each calendar quarter.
(8) If any political subdivision other than that comprising the state, its agencies, instrumentalities and institutions
of higher learning fails to remit as provided herein employer
contributions or employee contributions, or any part of
either, such delinquent contributions may be recovered with
(2002 Ed.)
41.33.020
interest at the rate of six percent per annum by action in a
court of competent jurisdiction against the political subdivision; or such delinquent contributions may at the request of
the governor be deducted from any moneys payable to such
subdivision by the state.
(9) Each political subdivision shall be charged with a
share of the cost of administration of this plan by the state,
to be computed as that proportion of the overall cost of
administration which its total annual contributions bear to the
total annual contributions paid by all subdivisions on behalf
of employees covered by the plan. The state shall compute
the share of cost allocable to each subdivision and bill the
subdivision therefor at the end of each fiscal year. The
subdivision shall within ninety days thereafter remit its share
of the cost to the state for deposit in the general fund of the
state.
(10) Each political subdivision shall submit to the state,
through the employment security department, P.O. Box 367,
Olympia, Washington, or such other officer or agency as the
governor may subsequently designate, on forms furnished by
the state, not later than the twentieth calendar day of the
month following the end of each calendar quarter, the
following information:
A. The social security account number of each employee;
B. the name of each employee;
C. the amount of wages subject to contributions as
required hereunder paid to each employee during the quarter;
D. the total amount of wages subject to contributions
paid to all employees during the quarter;
E. the total amount of employee contributions withheld
and remitted for the quarter; and
F. the total amount of employer contributions paid by
the subdivision for the quarter.
(11) Each political subdivision shall furnish in the same
manner as provided in subsection (10) of this section, upon
reasonable notice, such other and further reports or information as the governor may from time to time require. Each
subdivision shall comply with such requirements as the
secretary of health, education and welfare or the governor
may from time to time establish with respect to any or all of
the reports or information which are or may be provided for
under subsection (10) of this section or this subsection in
order to assure the correctness and verification thereof.
(12) The governing body of each political subdivision
shall designate an officer of the subdivision to administer
such accounting, reporting and other functions as will be
required for the effective operation of this plan within the
subdivision, as provided herein. The commissioner of
employment security or such other officer as the governor
may designate, shall perform or supervise those functions
with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher
learning; and shall serve as the representative of the participating political subdivisions in the administration of this plan
with the secretary of health, education and welfare.
(13) The legislature shall designate the first day of any
month beginning with January, 1956, as the effective date of
OASI coverage for such employees, except that after January
1, 1958, the effective date may not be prior to the first day
of the current year.
[Title 41 RCW—page 177]
41.33.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
The employer’s contribution for any retroactive coverage shall be transferred by the board of trustees from the
teachers’ retirement pension reserve to the official designated
by the governor to administer the plan at the state level.
Each employee’s contributions for any retroactive
coverage shall be transferred by the board of trustees from
his accumulated contributions in the teachers’ retirement
fund, to the official designated above. Each employee, if he
so desires, may, within one year from the date of transfer,
reimburse his accumulated contributions for the amount so
transferred.
(14) The governor may terminate the operation of this
plan in its entirety with respect to any political subdivision,
in his discretion, if he finds that the subdivision has failed to
comply substantially with any requirement or provision of
this plan. The plan shall not be so terminated until reasonable notice and opportunity for hearing thereon have been
given to the subdivision under such conditions, consistent
with the provisions of the social security act, as shall have
been established in regulations by the governor. [1992 c 212
§ 12; 1973 1st ex.s. c 154 § 77; 1957 c 183 § 2.]
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.33.030 Effective date for coverage of members.
The effective date of OASI coverage for members of the
teachers’ retirement system shall be January 1, 1956:
PROVIDED, That should the agreement between the
governor and the secretary of health, education and welfare
be executed subsequent to December 31, 1957, the effective
date of coverage shall be that specified in the agreement.
[1957 c 183 § 5.]
41.33.900 Severability—1957 c 183. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1957 c 183 § 6.]
Chapter 41.34
PLAN 3 RETIREMENT SYSTEM CONTRIBUTIONS
(Formerly: Contributions under teachers’ retirement
system plan 3)
Sections
41.34.010
41.34.020
41.34.030
41.34.040
41.34.050
41.34.060
41.34.070
41.34.080
41.34.090
41.34.100
41.34.110
41.34.120
41.34.130
41.34.140
Purpose.
Definitions.
Application of chapter—Plan 3 elements.
Contributions—Rate structures.
Legislature may contribute to members’ accounts.
Members’ accounts—Investment—Election.
Distribution options.
Benefits exempt from taxation, garnishment, other processes
of law—Exceptions.
Administration of chapter—Construction—Severability.
Benefits not contractual right until date specified.
Reentry.
Money, property, income held in trust.
Self-directed investment—Duties of state investment board
and department—Expenses—Recordkeeping.
Liability for loss or deficiencies—Limitations.
[Title 41 RCW—page 178]
41.34.010 Purpose. The purpose of chapter 239,
Laws of 1995 is to:
(1) Provide a fair and reasonable value from the
retirement system for those who leave public employment
before retirement;
(2) Increase flexibility for such employees to make
transitions into other public or private sector employment;
(3) Increase employee options for addressing retirement
needs, personal financial planning, and career transitions; and
(4) Continue the legislature’s established policy of
having employees contribute toward their retirement benefits.
[1995 c 239 § 201.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.020 Definitions. As used in this chapter, the
following terms have the meanings indicated:
(1) "Actuary" means the state actuary or the office of
the state actuary.
(2) "Board" means the employee retirement benefits
board authorized in chapter 41.50 RCW.
(3) "Department" means the department of retirement
systems.
(4)(a) "Compensation" for teachers for purposes of this
chapter is the same as "earnable compensation" for plan 3 in
chapter 41.32 RCW except that the compensation may be
reported when paid, rather than when earned.
(b) "Compensation" for classified employees for
purposes of this chapter is the same as "compensation
earnable" for plan 3 in RCW 41.35.010, except that the
compensation may be reported when paid, rather than when
earned.
(c) "Compensation" for public employees for purposes
of this chapter is the same as "compensation earnable" for
plan 3 in RCW 41.40.010, except that the compensation may
be reported when paid, rather than when earned.
(5)(a) "Employer" for teachers for purposes of this
chapter means the same as "employer" for plan 3 in chapter
41.32 RCW.
(b) "Employer" for classified employees for purposes of
this chapter means the same as "employer" for plan 3 in
RCW 41.35.010.
(c) "Employer" for public employees for purposes of
this chapter means the same as "employer" for plan 3 in
RCW 41.40.010.
(6) "Member" means any employee included in the
membership of a retirement system as provided for in
chapter 41.32 RCW of plan 3, chapter 41.35 RCW of plan
3, or chapter 41.40 RCW of plan 3.
(7) "Member account" or "member’s account" means the
sum of the contributions and earnings on behalf of the
member.
(8) "Retiree" means any member in receipt of an
allowance or other benefit provided by this chapter resulting
from service rendered to an employer by such member.
(9) "Teacher" means a member of the teachers’ retirement system plan 3 as defined in RCW 41.32.010(29).
(10) "Classified employee" means a member of the
school employees’ retirement system plan 3 as defined in
RCW 41.35.010.
(2002 Ed.)
Plan 3 Retirement System Contributions
(11) "Public employee" means a member of the public
employees’ retirement system plan 3 as defined in RCW
41.40.010. [2000 c 247 § 401; 1998 c 341 § 301; 1996 c 39
§ 13; 1995 c 239 § 202.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.030 Application of chapter—Plan 3 elements.
(1) This chapter applies only to members of plan 3 retirement systems created under chapters 41.32, 41.35, and 41.40
RCW.
(2) Plan 3 consists of two separate elements:
(a) A defined benefit portion covered under:
(i) Sections 101 through 117, chapter 239, Laws of
1995; or
(ii) Sections 1 through 25 and 201 through 213, chapter
341, Laws of 1998; or
(iii) Sections 101 through 316, chapter 247, Laws of
2000; and
(b) A defined contribution portion covered under this
chapter. Unless specified otherwise, all references to "plan
3" in this chapter refer to the defined contribution portion of
plan 3. [2000 c 247 § 402; 1998 c 341 § 302; 1995 c 239
§ 203.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.040 Contributions—Rate structures. (1) A
member shall contribute from his or her compensation
according to one of the following rate structures:
Option A
All Ages
Option B
Up to Age 35
Age 35 to 44
Age 45 and above
Option C
Up to Age 35
Age 35 to 44
Age 45 and above
Contribution Rate
5.0% fixed
5.0%
6.0%
7.5%
6.0%
7.5%
8.5%
(2) The board shall have the right to offer contribution
rate options in addition to those listed in subsection (1) of
this section, provided that no significant additional administrative costs are created. All options offered by the board
shall conform to the requirements stated in subsections (3)
and (4) of this section.
(3)(a) For members of the teachers’ retirement system
entering plan 3 under RCW 41.32.835 or members of the
school employees’ retirement system entering plan 3 under
RCW 41.35.610, within ninety days of becoming a member
he or she has an irrevocable option to choose one of the
above contribution rate structures. If the member does not
(2002 Ed.)
41.34.020
select an option within the ninety-day period, he or she shall
be assigned option A. Such assignment shall be irrevocable.
(b) For members of the public employees’ retirement
system entering plan 3 under RCW 41.40.785, within the
ninety days described in RCW 41.40.785 an employee who
irrevocably chooses plan 3 shall select one of the above
contribution rate structures. If the member does not select
an option within the ninety-day period, he or she shall be
assigned option A. Such assignment shall be irrevocable.
(c) For members of the teachers’ retirement system
transferring to plan 3 under RCW 41.32.817, members of the
school employees’ retirement system transferring to plan 3
under RCW 41.35.510, or members of the public employees’
retirement system transferring to plan 3 under RCW
41.40.795, upon election to plan 3 he or she must irrevocably choose one of the above contribution rate structures.
(d) Within ninety days of the date that an employee
changes employers, he or she has an irrevocable option to
choose one of the above contribution rate structures. If the
member does not select an option within this ninety-day
period, he or she shall be assigned option A. Such assignment shall be irrevocable.
(4) Contributions shall begin the first day of the pay
cycle in which the rate option is made, or the first day of the
pay cycle in which the end of the ninety-day period occurs.
[2000 c 247 § 403; 1996 c 39 § 14; 1995 c 239 § 204.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.050 Legislature may contribute to members’
accounts. The legislature may authorize contributions to the
members’ accounts for a biennium through budget appropriation. [1995 c 239 § 205.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.060 Members’ accounts—Investment—
Election. (1) Except as provided in subsection (3) of this
section, the member’s account shall be invested by the state
investment board. In order to reduce transaction costs and
address liquidity issues, based upon recommendations of the
state investment board, the department may require members
to provide up to ninety days’ notice prior to moving funds
from the state investment board portfolio to self-directed
investment options provided under subsection (3) of this
section.
(a) For members of the retirement system as provided
for in chapter 41.32 RCW of plan 3, investment shall be in
the same portfolio as that of the teachers’ retirement system
combined plan 2 and 3 fund under RCW 41.50.075(2).
(b) For members of the retirement system as provided
for in chapter 41.35 RCW of plan 3, investment shall be in
the same portfolio as that of the school employees’ retirement system combined plan 2 and 3 fund under RCW
41.50.075(4).
[Title 41 RCW—page 179]
41.34.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) For members of the retirement system as provided
for in chapter 41.40 RCW of plan 3, investment shall be in
the same portfolio as that of the public employees’ retirement system combined plan 2 and 3 fund under RCW
41.50.075(3).
(2) The state investment board shall declare monthly
unit values for the portfolios or funds, or portions thereof,
utilized under subsection (1)(a), (b), and (c) of this section.
The declared values shall be an approximation of portfolio
or fund values, based on internal procedures of the state
investment board. Such declared unit values and internal
procedures shall be in the sole discretion of the state
investment board. The state investment board may delegate
any of the powers and duties under this subsection, including
discretion, pursuant to RCW 43.33A.030. Member accounts
shall be credited by the department with a rate of return
based on changes to such unit values.
(3) Members may elect to self-direct their investments
as set forth in RCW 41.34.130 and 43.33A.190. [2001 c
180 § 2; 2000 c 247 § 404; 1999 c 265 § 1; 1998 c 341 §
303; 1996 c 39 § 15; 1995 c 239 § 206.]
Effective date—2001 c 180 §§ 1 and 2: See note following RCW
41.45.061.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: "Sections 303, 306 through 309, 404,
505, 507, 515, 701, 707, and 710 through 713 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and take effect
immediately [April 3, 1998]." [1998 c 341 § 716.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.070 Distribution options. (1) If the member
retires, becomes disabled, or otherwise terminates employment, the balance in the member’s account may be distributed in accordance with an option selected by the member either as a lump sum or pursuant to other options authorized
by the board.
(2) If the member dies while in service, the balance of
the member’s account may be distributed in accordance with
an option selected by the member either as a lump sum or
pursuant to other options authorized by the board. The
distribution shall be made to such person or persons as the
member shall have nominated by written designation duly
executed and filed with the department. If there be no such
designated person or persons still living at the time of the
member’s death, the balance of the member’s account in the
retirement system, less any amount identified as owing to an
obligee upon withdrawal of such account balance pursuant
to a court order filed under RCW 41.50.670, shall be paid to
the member’s surviving spouse as if in fact such spouse had
been nominated by written designation, or if there is no
surviving spouse, then to such person or persons, trust, or
organization as the member shall have nominated by written
designation duly executed and filed with the department.
(3) If a member has a terminal illness and terminates
from employment, the member may choose to have the
balance in the member’s account distributed as a lump sum
payment based on the most recent valuation in order to
[Title 41 RCW—page 180]
expedite the distribution. The department shall make this
payment within ten working days after receipt of notice of
termination of employment, documentation verifying the
terminal illness, and an application for payment.
(4) The distribution under subsections (1), (2), or (3) of
this section shall be less any amount identified as owing to
an obligee upon withdrawal pursuant to a court order filed
under RCW 41.50.670. [1998 c 117 § 1; 1995 c 239 § 207.]
Effective date—1998 c 117: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 23, 1998]." [1998 c 117 § 2.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.080 Benefits exempt from taxation, garnishment, other processes of law—Exceptions. (1) Subject to
subsections (2) and (3) of this section, the right of a person
to a pension, an annuity, a retirement allowance, any
optional benefit, any other right accrued or accruing to any
person under the provisions of this chapter, and the various
funds created by chapter 239, Laws of 1995; chapter 341,
Laws of 1998; and chapter 247, Laws of 2000 and all
moneys and investments and income thereof, is hereby
exempt from any state, county, municipal, or other local tax,
and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or
other process of law whatsoever, and shall be unassignable.
(2) This section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing
deductions therefrom for payment of premiums due on any
group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its political subdivisions and that has been approved for deduction in accordance with rules that may be
adopted by the state health care authority and/or the department. This section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing
deductions therefrom for payment of dues and other membership fees to any retirement association or organization the
membership of which is composed of retired public employees, if a total of three hundred or more of such retired
employees have authorized such deduction for payment to
the same retirement association or organization.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant
to chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department to pay benefits directly to an
obligee under a dissolution order as defined in RCW
41.50.500(3) which fully complies with RCW 41.50.670 and
41.50.700, or (f) any administrative or court order expressly
authorized by federal law. [2000 c 247 § 405; 1998 c 341
§ 304; 1995 c 239 § 208.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
(2002 Ed.)
Plan 3 Retirement System Contributions
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.090
Administration of chapter—
Construction—Severability. (1) The retirement plan
created by this chapter shall be administered so as to comply
with the federal Internal Revenue Code, Title 26 U.S.C., and
specifically with plan qualification requirements imposed on
governmental plans by section 401(a) of the Internal Revenue Code.
(2) Any section or provision of this chapter which may
be susceptible to more than one construction shall be
interpreted in favor of the construction most likely to satisfy
requirements imposed by section 401(a) of the Internal
Revenue Code.
(3) If any section or provision of this chapter is found
to be in conflict with the plan qualification requirements for
governmental plans in section 401(a) of the Internal Revenue
Code, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict, and such finding
shall not affect the operation of the remainder of this chapter. [1995 c 239 § 209.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.100 Benefits not contractual right until date
specified. (1) The benefits provided pursuant to chapter
239, Laws of 1995 are not provided to employees as a
matter of contractual right prior to July 1, 1996. The legislature retains the right to alter or abolish these benefits at
any time prior to July 1, 1996.
(2) The benefits provided pursuant to chapter 341, Laws
of 1998 are not provided to employees as a matter of
contractual right prior to September 1, 2000. The legislature
retains the right to alter or abolish these benefits at any time
prior to September 1, 2000.
(3) The benefits provided pursuant to chapter 247, Laws
of 2000 are not provided to employees as a matter of
contractual right prior to March 1, 2002. The legislature
retains the right to alter or abolish these benefits at any time
prior to March 1, 2002. [2000 c 247 § 406; 1998 c 341 §
305; 1995 c 239 § 325.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.34.110 Reentry. A member who separates from
service and then reestablishes membership may restore
contributions to the member account. [1996 c 39 § 12.]
41.34.080
Effective date—1998 c 341: See note following RCW 41.34.060.
41.34.130 Self-directed investment—Duties of state
investment board and department—Expenses—
Recordkeeping. (1) The state investment board has the full
authority to invest all self-directed investment moneys in
accordance with RCW 43.84.150 and 43.33A.140, and
cumulative investment directions received pursuant to RCW
41.34.060 and this section. In carrying out this authority the
state investment board, after consultation with the employee
retirement benefits board regarding any recommendations
made pursuant to RCW 41.50.088(1)(b), shall provide a set
of options for members to choose from for self-directed investment.
(2) All investment and operating costs of the state
investment board associated with making self-directed
investments shall be paid by members and recovered under
procedures agreed to by the board and the state investment
board pursuant to the principles set forth in RCW
43.33A.160 and 43.84.160. All other expenses caused by
self-directed investment shall be paid by the member in
accordance with rules established by the board under RCW
41.50.088. With the exception of these expenses, all
earnings from self-directed investments shall accrue to the
member’s account.
(3)(a)(i) The department shall keep or cause to be kept
full and adequate accounts and records of each individual
member’s account. The department shall account for and
report on the investment of defined contribution assets or
may enter into an agreement with the state investment board
for such accounting and reporting under this chapter.
(ii) The department’s duties related to individual
participant accounts include conducting the activities of trade
instruction, settlement activities, and direction of cash
movement and related wire transfers with the custodian bank
and outside investment firms.
(iii) The department has sole responsibility for contracting with any recordkeepers for individual participant accounts and shall manage the performance of recordkeepers
under those contracts.
(b)(i) The department’s duties under (a)(ii) of this
subsection do not limit the authority of the state investment
board to conduct its responsibilities for asset management
and balancing of the deferred compensation funds.
(ii) The state investment board has sole responsibility
for contracting with outside investment firms to provide
investment management for the deferred compensation funds
and shall manage the performance of investment managers
under those contracts.
(c) The state treasurer shall designate and define the
terms of engagement for the custodial banks. [2001 c 181
§ 3; 1998 c 341 § 307.]
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.34.120 Money, property, income held in trust.
All moneys in members’ accounts, all property and rights
purchased therewith, and all income attributable thereto, shall
be held in trust by the state investment board, as set forth
under RCW 43.33A.030, for the exclusive benefit of the
members and their beneficiaries. [1998 c 341 § 306.]
(2002 Ed.)
41.34.140 Liability for loss or deficiencies—
Limitations. (1) A state board or commission, agency, or
any officer, employee, or member thereof is not liable for
any loss or deficiency resulting from member defined
contribution investments selected or required pursuant to
RCW 41.34.060 (1) or (3).
[Title 41 RCW—page 181]
41.34.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Neither the board nor the state investment board, nor
any officer, employee, or member thereof is liable for any
loss or deficiency resulting from reasonable efforts to
implement investment directions pursuant to RCW 41.34.060
(1) or (3).
(3) The state investment board, or any officer, employee, or member thereof is not liable with respect to any
declared monthly unit valuations or crediting of rates of
return, or any other exercise of powers or duties, including
discretion, under RCW 41.34.060(2).
(4) The department, or any officer or employee thereof,
is not liable for crediting rates of return which are consistent
with the state investment board’s declaration of monthly unit
valuations pursuant to RCW 41.34.060(2). [1999 c 265 § 2;
1998 c 341 § 308.]
Effective date—1998 c 341: See note following RCW 41.34.060.
Chapter 41.35
WASHINGTON SCHOOL EMPLOYEES’
RETIREMENT SYSTEM
Sections
PROVISIONS APPLICABLE TO PLAN 2 AND PLAN 3
41.35.005
41.35.010
41.35.020
41.35.030
41.35.040
41.35.050
41.35.060
41.35.070
41.35.080
41.35.090
41.35.100
41.35.110
41.35.120
41.35.130
41.35.140
41.35.150
41.35.160
41.35.170
41.35.180
41.35.190
41.35.200
41.35.210
41.35.220
41.35.230
41.35.399
Intent.
Definitions.
System created—Administration.
Membership.
Nonelective position held for at least nine months—Deemed
to be eligible position, when.
Information furnished by employees, appointive and elective
officials.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer’s contribution—Computation—Billing.
Exemption from taxation and judicial process—
Exceptions—Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
False statements—Penalty.
Transfer of service credit from statewide city employees’
retirement system.
Hearing prior to appeal required—Notice.
Hearing prior to appeal required—Conduct of hearing.
Judicial review in accordance with administrative procedure
act.
Appeal—No bond required.
Service credit—Computation.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Post-retirement cost-of-living.
Options for payment of retirement allowances—Court-approved property settlement.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Provisions applicable to plan 2 and plan 3.
PLAN 2
41.35.400
41.35.410
41.35.420
41.35.430
41.35.440
41.35.450
41.35.460
Computation of retirement allowance.
Lump sum retirement allowance—Reentry—Reinstatement
of service.
Retirement eligibility.
Employer and member contribution rates.
Earned disability allowance—Disposition upon death of
recipient.
Application for and effective date of retirement allowances.
Death benefits.
[Title 41 RCW—page 182]
41.35.470
41.35.480
41.35.490
41.35.500
41.35.510
41.35.599
Leaves of absence, military service.
Vested membership.
Refund of contributions.
Reentry.
Transfer to plan 3—Irrevocable option.
Provisions applicable to plan 2.
PLAN 3
41.35.600
41.35.610
41.35.620
41.35.630
41.35.640
41.35.650
41.35.660
41.35.670
41.35.680
41.35.690
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 3.
Computation of retirement allowance.
Additional payment.
Application for and effective date of retirement allowances.
Leaves of absence, military service.
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Earned disability allowance—Disposition upon death of
recipient.
41.35.700 Restored, purchased service credit under plan 2—Transfer to
plan 3.
41.35.710 Death benefits.
41.35.720 Employer contribution rates.
41.35.900 Benefits not contractual right until September 1, 2000.
41.35.901 Effective date—1998 c 341.
Numerical designations—1998 c 341: See note following chapter
41.26 RCW digest.
PROVISIONS APPLICABLE TO PLAN 2 AND PLAN 3
41.35.005 Intent. The legislature recognizes that
teachers and school district employees share the same
educational work environment and academic calendar.
It is the intent of the legislature to achieve similar
retirement benefits for all educational employees by transferring the membership of classified school employees in the
public employees’ retirement system plan 2 to the Washington school employees’ retirement system plan 2. The
transfer of membership to the Washington school employees’
retirement system plan 2 is not intended to cause a diminution or expansion of benefits for affected members. It is
enacted solely to provide public employees working under
the same conditions with the same options for retirement
planning.
As members of the Washington school employees’
retirement system plan 2, classified employees will have the
same opportunity to transfer to the Washington school
employees’ retirement system plan 3 as their certificated
coworkers. The ability to transfer to the Washington school
employees’ retirement system plan 3 offers members a new
public retirement system that balances flexibility with
stability; provides increased employee control of investments
and responsible protection of the public’s investment in
employee benefits; and encourages the pursuit of public
sector careers without creating barriers to other public or
private sector employment. [1998 c 341 § 1.]
41.35.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise:
(1) "Retirement system" means the Washington school
employees’ retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(2002 Ed.)
Washington School Employees’ Retirement System
(4) "Employer," for plan 2 and plan 3 members, means
a school district or an educational service district.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.35.030.
(6)(a) "Compensation earnable" for plan 2 and plan 3
members, means salaries or wages earned by a member
during a payroll period for personal services, including
overtime payments, and shall include wages and salaries
deferred under provisions established pursuant to sections
403(b), 414(h), and 457 of the United States internal revenue
code, but shall exclude nonmoney maintenance compensation
and lump sum or other payments for deferred annual sick
leave, unused accumulated vacation, unused accumulated
annual leave, or any form of severance pay.
(b) "Compensation earnable" for plan 2 and plan 3
members also includes the following actual or imputed
payments, which are not paid for personal services:
(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement, which are awarded or granted as the equivalent of
the salary or wage which the individual would have earned
during a payroll period shall be considered compensation
earnable to the extent provided in this subsection, and the
individual shall receive the equivalent service credit;
(ii) In any year in which a member serves in the
legislature, the member shall have the option of having such
member’s compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member’s actual compensation earnable
received for nonlegislative public employment and legislative
service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under this (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as
authorized by RCW 41.40.038;
(v) Compensation that a member receives due to
participation in the leave sharing program only as authorized
by RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member
is in standby status when not being paid for time actually
worked and the employer requires the member to be prepared to report immediately for work, if the need arises,
although the need may not arise.
(7) "Service" for plan 2 and plan 3 members means
periods of employment by a member in an eligible position
or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for
ninety or more hours in any calendar month shall constitute
one service credit month except as provided in RCW
41.35.180. Compensation earnable earned for at least
seventy hours but less than ninety hours in any calendar
month shall constitute one-half service credit month of
(2002 Ed.)
41.35.010
service. Compensation earnable earned for less than seventy
hours in any calendar month shall constitute one-quarter
service credit month of service. Time spent in standby
status, whether compensated or not, is not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be
deemed to be full-time service.
(b) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(c) For purposes of plan 2 and 3 "forty-five days" as
used in RCW 28A.400.300 is equal to two service credit
months. Use of less than forty-five days of sick leave is
creditable as allowed under this subsection as follows:
(i) Less than eleven days equals one-quarter service
credit month;
(ii) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(iii) Twenty-two days equals one service credit month;
(iv) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month; and
(v) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(8) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(9) "Service credit month" means a month or an
accumulation of months of service credit which is equal to
one.
(10) "Membership service" means all service rendered
as a member.
(11) "Beneficiary" for plan 2 and plan 3 members
means any person in receipt of a retirement allowance or
other benefit provided by this chapter resulting from service
rendered to an employer by another person.
(12) "Regular interest" means such rate as the director
may determine.
(13) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the
member’s individual account, including any amount paid
under RCW 41.50.165(2), together with the regular interest
thereon.
(14) "Average final compensation" for plan 2 and plan
3 members means the member’s average compensation
earnable of the highest consecutive sixty months of service
credit months prior to such member’s retirement, termination, or death. Periods constituting authorized leaves of
absence may not be used in the calculation of average final
compensation except under RCW 41.40.710(2).
(15) "Final compensation" means the annual rate of
compensation earnable by a member at the time of termination of employment.
(16) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
[Title 41 RCW—page 183]
41.35.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(17) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(18) "Retirement allowance" for plan 2 and plan 3
members means monthly payments to a retiree or beneficiary
as provided in this chapter.
(19) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(20) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(21) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(22) "Eligible position" means any position that, as
defined by the employer, normally requires five or more
months of service a year for which regular compensation for
at least seventy hours is earned by the occupant thereof. For
purposes of this chapter an employer shall not define "position" in such a manner that an employee’s monthly work for
that employer is divided into more than one position.
(23) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(22) of this section.
(24) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from
service without being separated from membership.
(25) "Retiree" means any person who has begun
accruing a retirement allowance or other benefit provided by
this chapter resulting from service rendered to an employer
while a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(29) "Plan 2" means the Washington school employees’
retirement system plan 2 providing the benefits and funding
provisions covering persons who first became members of
the public employees’ retirement system on and after October 1, 1977, and transferred to the Washington school
employees’ retirement system under RCW 41.40.750.
(30) "Plan 3" means the Washington school employees’
retirement system plan 3 providing the benefits and funding
provisions covering persons who first became members of
the system on and after September 1, 2000, or who transfer
from plan 2 under RCW 41.35.510.
(31) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(32) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(33) "Index B" means the index for the year prior to
index A.
(34) "Adjustment ratio" means the value of index A
divided by index B.
[Title 41 RCW—page 184]
(35) "Separation from service" occurs when a person
has terminated all employment with an employer.
(36) "Member account" or "member’s account" for
purposes of plan 3 means the sum of the contributions and
earnings on behalf of the member in the defined contribution
portion of plan 3.
(37) "Classified employee" means an employee of a
school district or an educational service district who is not
eligible for membership in the teachers’ retirement system
established under chapter 41.32 RCW. [2001 c 180 § 3;
1998 c 341 § 2.]
41.35.020 System created—Administration. A
retirement system is hereby created for the employees of
school districts or educational service districts. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter,
and the authority to make all rules necessary therefor are
hereby vested in the department. All such rules shall be
governed by the provisions of chapter 34.05 RCW. This
retirement system shall be known as the Washington school
employees’ retirement system. [1998 c 341 § 3.]
41.35.030 Membership. Membership in the retirement system shall consist of all regularly compensated
classified employees and appointive and elective officials of
employers, as defined in this chapter, with the following
exceptions:
(1) Persons in ineligible positions;
(2)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held
elective offices or persons appointed by the governor who
are members in the retirement system and who have, prior
to becoming such members, previously held an elective
office, and did not at the start of such initial or successive
terms of office exercise their option to become members,
may apply for membership to be effective during such term
or terms of office, and shall be allowed to establish the
service credit applicable to such term or terms of office upon
payment of the employee contributions therefor by the
employee with interest as determined by the director and
employer contributions therefor by the employer or employee
with interest as determined by the director: AND PROVIDED FURTHER, That all contributions with interest submitted
by the employee under this subsection shall be placed in the
employee’s individual account in the employee’s savings
fund and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer’s obligation, together with the interest the director may apply to
the employer’s contribution, shall not be considered part of
the member’s annuity for any purpose except withdrawal of
contributions;
(b) A member holding elective office who has elected
to apply for membership pursuant to (a) of this subsection
and who later wishes to be eligible for a retirement allowance shall have the option of ending his or her membership
in the retirement system. A member wishing to end his or
(2002 Ed.)
Washington School Employees’ Retirement System
her membership under this subsection must file on a form
supplied by the department a statement indicating that the
member agrees to irrevocably abandon any claim for service
for future periods served as an elected official. A member
who receives more than fifteen thousand dollars per year in
compensation for his or her elective service, adjusted
annually for inflation by the director, is not eligible for the
option provided by this subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That
following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(4) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who
are employed by employers to earn hours to complete such
apprenticeship programs, if the employee is a member of a
union-sponsored retirement plan and is making contributions
to such a retirement plan or if the employee is a member of
a Taft-Hartley retirement plan;
(5) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person’s practice of a
profession;
(6) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c)
perform duties outside of the United States;
(7) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are
not excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(8) Employees who are citizens of the United States and
who reside and perform duties for an employer outside of
the United States: PROVIDED, That unless otherwise
excluded under this chapter or chapter 41.04 RCW, the
employee may apply for membership (a) within thirty days
after employment in an eligible position and membership
service credit shall be granted from the first day of membership service, and (b) after this thirty-day period, but membership service credit shall be granted only if payment is made
for the noncredited membership service under RCW
41.50.165(2), otherwise service shall be from the date of
application. [1998 c 341 § 4.]
41.35.040 Nonelective position held for at least nine
months—Deemed to be eligible position, when. Any
person who has been employed in a nonelective position for
at least nine months and who has made member contributions required under this chapter throughout such period,
shall be deemed to have been in an eligible position during
such period of employment. [1998 c 341 § 5.]
41.35.050 Information furnished by employees,
appointive and elective officials. Within thirty days after
his or her employment or his or her acceptance into membership each employee or appointive or elective official shall
submit to the department a statement of his or her name and
such other information as the department shall require.
(2002 Ed.)
41.35.030
Compliance with the provisions set forth in this section shall
be considered to be a condition of employment and failure
by an employee to comply may result in separation from
service. [1998 c 341 § 6.]
41.35.060 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (1)(a)
If a retiree enters employment with an employer sooner than
one calendar month after his or her accrual date, the retiree’s
monthly retirement allowance will be reduced by five and
one-half percent for every eight hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours per calendar year in an
eligible position, as defined in RCW 41.32.010, 41.35.010,
or 41.40.010, or as a fire fighter or law enforcement officer,
as defined in RCW 41.26.030, without suspension of his or
her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.35.030, he or she terminates his or her retirement
status and becomes a member. Retirement benefits shall not
accrue during the period of membership and the individual
shall make contributions and receive membership credit.
Such a member shall have the right to again retire if eligible
in accordance with RCW 41.35.420 or 41.35.680. However,
if the right to retire is exercised to become effective before
the member has rendered two uninterrupted years of service,
the retirement formula and survivor options the member had
at the time of the member’s previous retirement shall be
reinstated. [2001 2nd sp.s. c 10 § 11; 1998 c 341 § 7.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
41.35.070 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty and who
received or are receiving benefits under Title 51 RCW or a
similar federal workers’ compensation program shall receive
or continue to receive service credit subject to the following:
(1) No member may receive more than one month’s
service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the
disability not occurred. If contribution payments are made
retroactively, interest shall be charged at the rate set by the
[Title 41 RCW—page 185]
41.35.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
director on both employee and employer contributions. No
service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twelve consecutive months.
(7) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [1998 c 341 § 8.]
41.35.080 Members agree to deductions. The
deductions from the compensation of members, provided for
in RCW 41.35.430, shall be made notwithstanding that the
minimum compensation provided for by law for any member
shall be reduced thereby. Every member shall be deemed to
consent and agree to the deductions made and provided for
in this chapter and receipt in full for his or her salary or
compensation, and payment, less the deductions, shall be a
full and complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by the person
during the period covered by the payment, except as to
benefits provided for under this chapter. [1998 c 341 § 9.]
41.35.090 Employer’s contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be
collected as the employer’s contribution shall be computed
by applying the applicable rates established in chapter 41.45
RCW to the total compensation earnable of employer’s
members as shown on the current payrolls of the employer.
Each employer shall compute at the end of each month the
amount due for that month and the same shall be paid as are
its other obligations.
(3) In the event of failure, for any reason, of an employer other than a political subdivision of the state to have
remitted amounts due for membership service of any of the
employer’s members rendered during a prior biennium, the
director shall bill such employer for such employer’s
contribution together with such charges as the director deems
appropriate in accordance with RCW 41.50.120. Such
billing shall be paid by the employer as, and the same shall
be, a proper charge against any moneys available or appropriated to such employer for payment of current biennial
payrolls. [1998 c 341 § 10.]
41.35.100 Exemption from taxation and judicial
process—Exceptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter,
the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
[Title 41 RCW—page 186]
for payment of premiums due on any group insurance policy
or plan issued for the benefit of a group comprised of public
employees of the state of Washington or its political subdivisions and which has been approved for deduction in accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not
prohibit a beneficiary of a retirement allowance from
authorizing deductions therefrom for payment of dues and
other membership fees to any retirement association or
organization the membership of which is composed of retired
public employees, if a total of three hundred or more of such
retired employees have authorized such deduction for
payment to the same retirement association or organization.
(3) Subsection (1) of this section does not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant
to chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay
benefits directly to an obligee under a dissolution order as
defined in RCW 41.50.500(3) which fully complies with
RCW 41.50.670 and 41.50.700, or (f) any administrative or
court order expressly authorized by federal law. [1998 c 341
§ 11.]
41.35.110 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.35.440 or 41.35.690 if the disability is the
result of criminal conduct by the member committed after
April 21, 1997. [1998 c 341 § 12.]
41.35.120 False statements—Penalty. Any person
who knowingly makes any false statements, or falsifies or
permits to be falsified any record or records of this retirement system in any attempt to defraud the retirement system
as a result of such act, is guilty of a gross misdemeanor.
[1998 c 341 § 13.]
41.35.130 Transfer of service credit from statewide
city employees’ retirement system. (1) Any person who
was a member of the statewide city employees’ retirement
system governed by chapter 41.44 RCW and who was never
reemployed by an employer as defined in RCW 41.40.010
and who is employed by an employer as defined in RCW
41.35.010, may, in a writing filed with the director, elect to:
(a) Transfer to this retirement system all service
currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service which was previously credited under chapter 41.44
RCW but which was canceled by discontinuance of service
and withdrawal of accumulated contributions as provided in
RCW 41.44.190. The service may be reestablished and
transferred only upon payment by the member to the
employees’ savings fund of this retirement system of the
amount withdrawn plus interest thereon from the date of
withdrawal until the date of payment at a rate determined by
the director. No additional payments are required for service
credit described in this subsection if already established
under this chapter; and
(2002 Ed.)
Washington School Employees’ Retirement System
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW, upon payment in full
by the member of the total employer’s contribution to the
benefit account fund of this retirement system that would
have been made under this chapter when the initial service
was rendered. The payment shall be based on the first
month’s compensation earnable as a member of the statewide
city employees’ retirement system and as defined in RCW
41.44.030(13). However, a person who has established
service credit under RCW 41.40.010(13) (c) or (d) shall not
establish additional credit under this subsection nor may
anyone who establishes credit under this subsection establish
any additional credit under RCW 41.40.010(13) (c) or (d).
No additional payments are required for service credit described in this subsection if already established under this
chapter.
(2) The written election must be filed and the payments
must be completed in full within one year after employment
by an employer.
(3) Upon receipt of the written election and payments
required by subsection (1) of this section from any retiree
described in subsection (1) of this section, the department
shall recompute the retiree’s allowance in accordance with
this section and shall pay any additional benefit resulting
from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city
employees’ retirement system under chapter 41.44 RCW and
also became a member of the public employees’ retirement
system established under chapter 41.40 RCW or the Washington school employees’ retirement system established
under this chapter, and did not make the election under
RCW 41.40.058 or subsection (1) of this section because he
or she was not a member of the public employees’ retirement system prior to July 27, 1987, or did not meet the time
limitations of RCW 41.40.058 or subsection (2) of this
section, may elect to do any of the following:
(a) Transfer to this retirement system all service
currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service that was previously credited under chapter 41.44
RCW but was canceled by discontinuance of service and
withdrawal of accumulated contributions as provided in
RCW 41.44.190; and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW.
To make the election or elections, the person must pay
the amount required under RCW 41.50.165(2) prior to
retirement from this retirement system. [1998 c 341 § 14.]
41.35.140 Hearing prior to appeal required—
Notice. Any person aggrieved by any decision of the
department affecting his or her legal rights, duties, or
privileges must, before he or she appeals to the courts, file
with the director by mail or personally within sixty days
from the day the decision was communicated to the person,
a notice for a hearing before the director’s designee. The
notice of hearing shall set forth in full detail the grounds
upon which the person considers the decision unjust or
(2002 Ed.)
41.35.130
unlawful and shall include every issue to be considered by
the department, and it must contain a detailed statement of
facts upon which the person relies in support of the appeal.
These persons shall be deemed to have waived all objections
or irregularities concerning the matter on which the appeal
is taken, other than those specifically set forth in the notice
of hearing or appearing in the records of the retirement
system. [1998 c 341 § 15.]
41.35.150 Hearing prior to appeal required—
Conduct of hearing. Following its receipt of a notice for
hearing in accordance with RCW 41.35.140, a hearing shall
be held by the director or a duly authorized representative,
in the county of the residence of the claimant at a time and
place designated by the director. Such hearing shall be
conducted and governed in all respects by the provisions of
chapter 34.05 RCW. [1998 c 341 § 16.]
41.35.160 Judicial review in accordance with
administrative procedure act. Judicial review of any final
decision and order by the director is governed by the provisions of chapter 34.05 RCW. [1998 c 341 § 17.]
41.35.170 Appeal—No bond required. No bond of
any kind shall be required of a claimant appealing to the
superior court, the court of appeals, or the supreme court
from a finding of the department affecting the claimant’s
right to retirement or disability benefits. [1998 c 341 § 18.]
41.35.180 Service credit—Computation. (1) Except
for any period prior to the member’s employment in an
eligible position, a plan 2 or plan 3 member who is employed by a school district or districts or an educational
service district:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position,
earns compensation earnable for eight hundred ten hours or
more during that period, and is employed during nine months
of that period;
(b) If a member in an eligible position for each month
of the period from September through August of the following year does not meet the hours requirements of (a) of this
subsection, the member is entitled to one-half service credit
month for each month of the period if he or she earns
earnable compensation for at least six hundred thirty hours
but less than eight hundred ten hours during that period, and
is employed nine months of that period;
(c) In all other instances, a member in an eligible
position is entitled to service credit months as follows:
(i) One service credit month for each month in which
compensation is earned for ninety or more hours;
(ii) One-half service credit month for each month in
which compensation is earned for at least seventy hours but
less than ninety hours; and
(iii) One-quarter service credit month for each month in
which compensation is earned for less than seventy hours.
(2) The department shall adopt rules implementing this
section. [1998 c 341 § 19.]
[Title 41 RCW—page 187]
41.35.190
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.35.190 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect
on retirement benefits under this chapter. [1998 c 341 § 20.]
41.35.200 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits
imposed by section 401(a)(17) of the federal internal revenue
code for qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1998 c 341 § 21.]
41.35.210 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual
adjustment to the original retirement allowance and shall be
applied beginning with the July payment. In no event,
however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1998 c 341 § 22.]
41.35.220 Options for payment of retirement
allowances—Court-approved property settlement. (1)
Upon retirement for service as prescribed in RCW 41.35.420
or 41.35.680 or retirement for disability under RCW
41.35.440 or 41.35.690, a member shall elect to have the
retirement allowance paid pursuant to one of the following
options, calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life.
(i) For members of plan 2, if the retiree dies before the
total of the retirement allowance paid to such retiree equals
the amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the
member’s estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designa[Title 41 RCW—page 188]
tion duly executed and filed with the department; or if there
be no such designated person or persons still living at the
time of the retiree’s death, then to the surviving spouse; or
if there be neither such designated person or persons still
living at the time of death nor a surviving spouse, then to the
retiree’s legal representative.
(ii) For members of plan 3, upon the death of the retired
member, the member’s benefits shall cease.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a person nominated by the member by
written designation duly executed and filed with the department at the time of retirement. The options adopted by the
department shall include, but are not limited to, a joint and
one hundred percent survivor option and a joint and fifty
percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent
survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(2002 Ed.)
Washington School Employees’ Retirement System
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member of plan 2 who meets the
length of service requirements of RCW 41.35.420, or a
member of plan 3 who meets the length of service requirements of RCW 41.35.680(1), and the member’s divorcing
spouse be divided into two separate benefits payable over the
life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the
ages provided in RCW 41.35.420(1) for members of plan 2,
or RCW 41.35.680(1) for members of plan 3, and after filing
a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (3) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 11; 2000 c 186 § 6; 1998 c 341 § 23.]
Effective date—2000 c 186 § 6: "Section 6 of this act takes effect
September 1, 2000." [2000 c 186 § 10.]
41.35.230 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (1) Except
as provided in RCW 41.35.060, no retiree under the provisions of plan 2 shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.35.010, RCW
41.40.010 or 41.32.010, or as a law enforcement officer or
fire fighter as defined in RCW 41.26.030, except that a
retiree who ends his or her membership in the retirement
system pursuant to RCW 41.40.023(3)(b) is not subject to
(2002 Ed.)
41.35.220
this section if the retiree’s only employment is as an elective
official.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her
benefits to be suspended. Upon reinstatement, the retiree’s
benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(3) The department shall adopt rules implementing this
section. [1998 c 341 § 24.]
41.35.399 Provisions applicable to plan 2 and plan
3. RCW 41.35.005 through 41.35.230 apply to members of
plan 2 and plan 3. [1998 c 341 § 25.]
PLAN 2
41.35.400 Computation of retirement allowance. A
member of the retirement system shall receive a retirement
allowance equal to two percent of such member’s average
final compensation for each service credit year of service.
[1998 c 341 § 101.]
41.35.410 Lump sum retirement allowance—
Reentry—Reinstatement of service. (1) The director may
pay a member eligible to receive a retirement allowance or
the member’s beneficiary, subject to the provisions of
subsection (5) of this section, a lump sum payment in lieu of
a monthly benefit if the initial monthly benefit computed in
accordance with RCW 41.35.400 would be less than fifty
dollars. The lump sum payment shall be the greater of the
actuarial equivalent of the monthly benefits or an amount
equal to the individual’s accumulated contributions plus
accrued interest.
(2) A retiree or a beneficiary, subject to the provisions
of subsection (5) of this section, who is receiving a regular
monthly benefit of less than fifty dollars may request, in
writing, to convert from a monthly benefit to a lump sum
payment. If the director approves the conversion, the
calculation of the actuarial equivalent of the total estimated
regular benefit will be computed based on the beneficiary’s
age at the time the benefit initially accrued. The lump sum
payment will be reduced to reflect any payments received on
or after the initial benefit accrual date.
(3) Persons covered under the provisions of RCW
41.40.625 or subsection (1) of this section may upon
returning to member status reinstate all previous service by
depositing the lump sum payment received, with interest as
computed by the director, within two years of returning to
service or prior to reretiring, whichever comes first. In
computing the amount due, the director shall exclude the
accumulated value of the normal payments the member
would have received while in beneficiary status if the lump
sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
[Title 41 RCW—page 189]
41.35.410
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5) Only persons entitled to or receiving a service
retirement allowance under RCW 41.35.400 or an earned
disability allowance under RCW 41.35.440 qualify for
participation under this section.
(6) It is the intent of the legislature that any member
who receives a settlement under this section shall be deemed
to be retired from this system. [1998 c 341 § 102.]
41.35.420 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years who has attained at least age sixty-five shall be
eligible to retire and to receive a retirement allowance
computed according to the provisions of RCW 41.35.400.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.35.400, except that a member retiring
pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of
age sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least thirty service credit
years and has attained age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.35.400, except that a member
retiring pursuant to this subsection shall have the retirement
allowance reduced by three percent per year to reflect the
difference in the number of years between age at retirement
and the attainment of age sixty-five. [2000 c 247 § 905;
1998 c 341 § 103.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.35.430 Employer and member contribution
rates. The required contribution rates to the retirement
system for both members and employers shall be established
by the director from time to time as may be necessary upon
the advice of the state actuary. The state actuary shall use
the aggregate actuarial cost method to calculate contribution
rates. The employer contribution rate calculated under this
section shall be used only for the purpose of determining the
amount of employer contributions to be deposited in the plan
2 fund from the total employer contributions collected under
RCW 41.35.090.
Contribution rates required to fund the costs of the
retirement system shall always be equal for members and
employers, except as herein provided. Any adjustments in
contribution rates required from time to time for future costs
shall likewise be shared equally by the members and
employers.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and such
increase shall be announced at least thirty days prior to the
effective date of the change.
[Title 41 RCW—page 190]
Members contributions required by this section shall be
deducted from the members compensation earnable each
payroll period. The members contribution and the employers
contribution shall be remitted directly to the department
within fifteen days following the end of the calendar month
during which the payroll period ends. [1998 c 341 § 104.]
41.35.440 Earned disability allowance—Disposition
upon death of recipient. (1) A member of the retirement
system who becomes totally incapacitated for continued
employment by an employer as determined by the department upon recommendation of the department shall be
eligible to receive an allowance under the provisions of
RCW 41.35.400 through 41.35.599. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.35.400 and shall have this allowance
actuarially reduced to reflect the difference in the number of
years between age at disability and the attainment of age
sixty-five.
Any member who receives an allowance under the
provisions of this section shall be subject to comprehensive
medical examinations as required by the department. If
these medical examinations reveal that a member has
recovered from the incapacitating disability and the member
is offered reemployment by an employer at a comparable
compensation, the member shall cease to be eligible for the
allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the
accumulated contributions at the date of retirement, then the
balance shall be paid to the member’s estate, or the person
or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the
director, or, if there is no designated person or persons still
living at the time of the recipient’s death, then to the
surviving spouse, or, if there is no designated person or
persons still living at the time of his or her death nor a
surviving spouse, then to his or her legal representative.
[1998 c 341 § 105.]
41.35.450 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.35.420, 41.35.440, or 41.35.460 shall be eligible to
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.35.420 shall accrue from the first day
of the calendar month immediately following such member’s
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance
pursuant to RCW 41.35.420, shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.35.440 shall accrue from
the first day of the calendar month immediately following
such member’s separation from employment for disability.
(2002 Ed.)
Washington School Employees’ Retirement System
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.35.460 shall accrue from the first
day of the calendar month immediately following the
member’s death. [1998 c 341 § 106.]
41.35.460 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount
of the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid to the
member’s estate, or such person or persons, trust, or organization as the member shall have nominated by written
designation duly executed and filed with the department. If
there be no such designated person or persons still living at
the time of the member’s death, such member’s accumulated
contributions standing to such member’s credit in the
retirement system, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid to the member’s surviving spouse as if in fact such
spouse had been nominated by written designation, or if
there be no such surviving spouse, then to such member’s
legal representatives.
(2) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies,
the surviving spouse or eligible child or children shall elect
to receive either:
(a) A retirement allowance computed as provided for in
RCW 41.35.420, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.35.220 and if the member was not eligible for
normal retirement at the date of death a further reduction as
described in RCW 41.35.420; if a surviving spouse who is
receiving a retirement allowance dies leaving a child or
children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an
amount equal to that which was being received by the
surviving spouse, share and share alike, until such child or
children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the
member’s death, such member’s child or children under the
age of majority shall receive an allowance, share and share
alike, calculated as herein provided making the assumption
that the ages of the spouse and member were equal at the
time of the member’s death; or
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies
and is not survived by a spouse or an eligible child, then the
accumulated contributions standing to the member’s credit,
less any amount identified as owing to an obligee upon
(2002 Ed.)
41.35.450
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the
member’s legal representatives. [1998 c 341 § 107.]
41.35.470 Leaves of absence, military service. (1)
A member who is on a paid leave of absence authorized by
a member’s employer shall continue to receive service credit
as provided for under the provisions of RCW 41.35.400
through 41.35.599.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes both the plan 2 employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to
retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member’s compensation
earnable at both the time the authorized leave of absence
was granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the
federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
[Title 41 RCW—page 191]
41.35.470
Title 41 RCW: Public Employment, Civil Service, and Pensions
(ii) The member makes the employee contributions
required under RCW 41.35.430 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption
of service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii)
of this subsection, the department shall establish the
member’s service credit and shall bill the employer for its
contribution required under RCW 41.35.430 for the period
of military service, plus interest as determined by the
department.
(c) The contributions required under (a)(ii) of this
subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be
estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the
member went on military leave. [1998 c 341 § 108.]
41.35.480 Vested membership. A member who
separates or has separated after having completed at least
five years of service may remain a member during the
period of such member’s absence from service for the
exclusive purpose only of receiving a retirement allowance
under the provisions of RCW 41.35.420 if such member
maintains the member’s accumulated contributions intact.
[1998 c 341 § 109.]
41.35.490 Refund of contributions. A member who
ceases to be an employee of an employer except by service
or disability retirement may request a refund of the
member’s accumulated contributions. The refund shall be
made within ninety days following the receipt of the request
and notification of termination through the contribution
reporting system by the employer; except that in the case of
death, an initial payment shall be made within thirty days of
receipt of request for such payment and notification of
termination through the contribution reporting system by the
employer. A member who files a request for refund and
subsequently enters into employment with another employer
prior to the refund being made shall not be eligible for a
refund. The refund of accumulated contributions shall
terminate all rights to benefits under RCW 41.35.400
through 41.35.599. [1998 c 341 § 110.]
41.35.500 Reentry. (1) A member, who had left
service and withdrawn the member’s accumulated contributions, shall receive service credit for such prior service if the
member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as
determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of
subsection (1) of this section, the member may receive
service credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1998 c
341 § 111.]
[Title 41 RCW—page 192]
41.35.510 Transfer to plan 3—Irrevocable option.
(1) Every plan 2 member employed by an employer in an
eligible position has the option to make an irrevocable
transfer to plan 3.
(2) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(3) Any plan 2 member who wishes to transfer to plan
3 after February 28, 2001, may transfer during the month of
January in any following year, provided that the member
earns service credit for that month.
(4) The accumulated contributions in plan 2, less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member’s account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant to RCW 41.50.165(2) that are not transferred to the
member’s account shall be transferred to the fund created in
RCW 41.50.075(4), except that interest earned on all such
contributions shall be transferred to the member’s account.
(5) The legislature reserves the right to discontinue the
right to transfer under this section.
(6) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3. [2002 c 26 § 7; 1998 c 341 §
114.]
41.35.599 Provisions applicable to plan 2. RCW
41.35.400 through 41.35.510 apply only to plan 2 members.
[1998 c 341 § 112.]
PLAN 3
41.35.600 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.35.600 through 41.35.720 apply only
to plan 3 members.
(2) Plan 3 consists of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [1998 c 341 § 201.]
41.35.610 Membership in plan 3. All classified
employees who first become employed by an employer in an
eligible position on or after September 1, 2000, shall be
members of plan 3. [1998 c 341 § 202.]
41.35.620 Computation of retirement allowance. (1)
A member of the retirement system shall receive a retirement allowance equal to one percent of such member’s
average final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.35.680 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [1998 c 341 § 203.]
(2002 Ed.)
Washington School Employees’ Retirement System
41.35.630 Additional payment. (1) Anyone who
requests to transfer under RCW 41.35.510 before March 1,
2001, and establishes service credit for January 2001, shall
have their member account increased by one hundred thirty
percent of:
(a) The member’s public employees’ retirement system
plan 2 accumulated contributions as of January 1, 2000, less
fifty percent of any payments made pursuant to RCW
41.50.165(2); or
(b) All amounts withdrawn after January 1, 2000, which
are completely restored before March 1, 2001.
(2) If a member who requests to transfer dies before
January 1, 2001, the additional payment provided by this
section shall be paid to the member’s estate, or the person or
persons, trust, or organization the member nominated by
written designation duly executed and filed with the department.
(3) The legislature reserves the right to modify or
discontinue the right to an additional payment under this
section for any plan 2 members who have not previously
transferred to plan 3. [2000 c 230 § 1; 1998 c 341 § 204.]
Effective date—2000 c 230: "This act takes effect September 1,
2000." [2000 c 230 § 5.]
41.35.640 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.35.680, 41.35.690, or 41.35.710 is eligible to
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately
following such member’s separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.35.140 shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member’s separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member’s death. [1998 c 341 § 205.]
41.35.650 Leaves of absence, military service. (1)
A member who is on a paid leave of absence authorized by
a member’s employer shall continue to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
(2002 Ed.)
41.35.630
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department;
and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined
contribution portion.
The contributions required shall be based on the average
of the member’s earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service if within ninety days of the
member’s honorable discharge from the United States armed
forces, the member applies for reemployment with the
employer who employed the member immediately prior to
the member entering the United States armed forces. This
subsection shall be administered in a manner consistent with
the requirements of the federal uniformed services employment and reemployment rights act.
The department shall establish the member’s service
credit and shall bill the employer for its contribution required
under RCW 41.35.720 for the period of military service, plus
interest as determined by the department. Service credit
under this subsection may be obtained only if the member
makes the employee contribution to the defined contribution
portion as determined by the department.
The contributions required shall be based on the
compensation the member would have earned if not on
leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year
prior to when the member went on military leave. [1998 c
341 § 206.]
41.35.660 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the employee to purchase plan 3 service credit shall be allocated to the
defined benefit portion of plan 3 and shall not be refundable
when paid to the fund described in RCW 41.50.075(4).
Contributions on behalf of the employee shall be allocated
to the member account. If the member fails to meet the
statutory time limitations to purchase plan 3 service credit,
it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member’s account.
(2) No purchased plan 3 membership service will be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the
member, the department shall bill the employer for any
contributions, plus interest, required to purchase membership
service. [1998 c 341 § 207.]
[Title 41 RCW—page 193]
41.35.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.35.670 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member’s beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred
dollar limit shall be increased annually as determined by the
director. The lump sum payment shall be the actuarial
equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status
reinstate all previous service by depositing the lump sum
payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the
normal payments the member would have received while in
beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section is deemed to be retired from this system. [1998 c
341 § 208.]
41.35.680 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age fifty-four; or
(c) Completed five service credit years by September 1,
2000, under the public employees’ retirement system plan 2
and who transferred to plan 3 under RCW 41.35.510;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.35.620.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.35.620, except that a member retiring pursuant
to this subsection shall have the retirement allowance
actuarially reduced to reflect the difference in the number of
years between age at retirement and the attainment of age
sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least thirty service credit
years and has attained age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.35.620, except that a member
retiring pursuant to this subsection shall have the retirement
allowance reduced by three percent per year to reflect the
difference in the number of years between age at retirement
and the attainment of age sixty-five. [2000 c 247 § 906;
1998 c 341 § 209.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.35.690 Earned disability allowance—Disposition
upon death of recipient. (1) A member of the retirement
system who becomes totally incapacitated for continued
employment by an employer as determined by the department shall be eligible to receive an allowance under the
provisions of plan 3. The member shall receive a monthly
[Title 41 RCW—page 194]
disability allowance computed as provided for in RCW
41.35.620 and shall have this allowance actuarially reduced
to reflect the difference in the number of years between age
at disability and the attainment of age sixty-five.
Any member who receives an allowance under the
provisions of this section shall be subject to comprehensive
medical examinations as required by the department. If
these medical examinations reveal that a member has
recovered from the incapacitating disability and the member
is offered reemployment by an employer at a comparable
compensation, the member shall cease to be eligible for the
allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.35.220. [1998 c 341 § 210.]
41.35.700 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects
to transfer to plan 3 and has eligible unrestored withdrawn
contributions in plan 2, may restore such contributions under
the provisions of RCW 41.35.500 with interest as determined
by the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW
41.35.500, they may restore such contributions under the
provisions of RCW 41.50.165(2). The restored plan 2
service credit will be automatically transferred to plan 3.
One-half of the restoration payments under RCW
41.50.165(2) plus interest shall be allocated to the member’s
account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.35.500.
Purchased plan 2 service credit will be automatically
transferred to plan 3. Contributions on behalf of the
employer paid by the employee shall be allocated to the
defined benefit portion of plan 3 and shall not be refundable
when paid to the fund described in RCW 41.50.075(4).
Contributions on behalf of the employee shall be allocated
to the member account. If the member fails to meet the time
limitations of RCW 41.35.500, they may subsequently
restore such contributions under the provisions of RCW
41.50.165(2). Purchased plan 2 service credit will be
automatically transferred to plan 3. One-half of the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member’s account. [2002 c 26 § 6; 1998 c
341 § 211.]
41.35.710 Death benefits. If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided
in RCW 41.35.620 actuarially reduced to reflect a joint and
one hundred percent survivor option and if the member was
not eligible for normal retirement at the date of death a
further reduction as described in RCW 41.35.680.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
(2002 Ed.)
Washington School Employees’ Retirement System
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be
calculated with the assumption that the age of the spouse and
member were equal at the time of the member’s death.
[1998 c 341 § 212.]
41.35.720 Employer contribution rates. The
required contribution rates to the retirement system for
employers shall be established by the director from time to
time as may be necessary upon the advice of the state
actuary. The state actuary shall use the aggregate actuarial
cost method to calculate contribution rates. The employer
contribution rate calculated under this section shall be used
only for the purpose of determining the amount of employer
contributions to be deposited in the plan 2 fund from the
total employer contributions collected under RCW 41.35.090.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and such
increase shall be announced at least thirty days prior to the
effective date of the change.
The employer’s contribution shall be remitted directly
to the department within fifteen days following the end of
the calendar month during which the payroll period ends.
[1998 c 341 § 213.]
41.35.900 Benefits not contractual right until
September 1, 2000. The benefits provided pursuant to
chapter 341, Laws of 1998 are not provided to employees as
a matter of contractual right prior to September 1, 2000.
The legislature retains the right to alter or abolish these
benefits at any time prior to September 1, 2000. [1998 c
341 § 713.]
41.40.035
Service credit prohibited for certain members of committees,
boards, and commissions and for certain appointive and
elective officials.
41.40.037 Service by retirees—Reduction of retirement allowance upon
reemployment—Reestablishment of membership.
41.40.038 Duty disability retirement recipients—Continued service
credit.
41.40.042 Members agree to deductions.
41.40.048 Employer’s contribution—Computation—Billing.
41.40.052 Exemption from taxation and judicial process—
Exceptions—Assignability—Deductions authorized.
41.40.054 Disability retirement—Criminal conduct.
41.40.055 Penalty for false statements.
41.40.056 Establishment of service credit—Former employees—
Employers admitted before July 23, 1995.
41.40.057 Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.
41.40.058 Transfer of service credit from statewide city employees’
retirement system.
41.40.059 Credit for service in Seattle’s police relief and pension fund
system.
41.40.061 Credit for service in Seattle’s police relief and pension fund
system—Terms and conditions.
41.40.062 Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School
districts declared employers and eligible employees
members of system—Exception.
41.40.068 Hearing prior to appeal—Required—Notice.
41.40.073 Hearing prior to appeal—Conduct of hearing.
41.40.078 Judicial review in accordance with administrative procedure
act.
41.40.082 Appeal—No bond required.
41.40.088 Education employment—Service credit—Computation.
41.40.092 Transfer of cadet service credit to Washington state patrol
retirement system.
41.40.0931 Death benefit—Death in the course of employment as a
police officer.
41.40.095 Transfer of membership from judicial retirement system.
41.40.098 Transfer of former service from judicial retirement system.
41.40.102 Effect of certain accumulated vacation leave on retirement
benefits.
41.40.103 Benefit calculation—Limitation.
41.40.104 Establishing, restoring service credit.
41.40.105 Chapter not applicable to officers and employees of state
convention and trade center.
41.40.108 Higher education classified employees—Membership in the
public employees’ retirement system.
41.40.109 Retirement system employer—Termination of status.
41.40.111 Retirement system employer—Unit of government.
"PLAN 1"
Effective date—1998 c 341: See note following RCW 41.34.060.
41.35.901 Effective date—1998 c 341. Except for
sections 303, 306 through 309, 404, 505, 507, 515, 701, 707,
and 710 through 713 of this act, this act takes effect September 1, 2000. [1998 c 341 § 714.]
Chapter 41.40
WASHINGTON PUBLIC EMPLOYEES’
RETIREMENT SYSTEM
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.40.005
41.40.010
41.40.020
41.40.023
41.40.028
41.40.032
(2002 Ed.)
Provisions applicable to "plan 1," "plan 2," and "plan 3."
Definitions.
System created—Administration.
Membership.
Nonelective position employees employed for at least nine
months—Deemed in eligible position, when.
Information furnished by employees, appointive and elective
officials.
41.35.710
41.40.145
41.40.150
41.40.160
41.40.163
Provisions applicable to plan 1.
Termination of membership—Restoration of service credit.
Creditable service.
Purchase of service credit—Service at Washington State
University.
41.40.170 Credit for military service.
41.40.175 Service credit for paid leave of absence—Application to
elected officials of labor organizations.
41.40.180 Retirement—Length of service.
41.40.185 Retirement allowances—Members retiring after February 25,
1972.
41.40.188 Retirement allowance—Options—Retirement allowance
adjustment—Court-approved property settlement.
41.40.189 Retirement allowance—Adjustment eligibility.
41.40.190 Retirement allowance—In lieu of allowance provided in
RCW 41.40.185.
41.40.191 Retirement allowance—Members with thirty years of service—Irrevocable election.
41.40.193 Dates upon which retirement allowances accrue.
41.40.197 Retirement allowance—Annual increases—Eligibility.
41.40.1971 Definition—"Beneficiary."
41.40.1984 Minimum retirement allowance—Annual adjustment—
Persons who become beneficiaries after June 30, 1995.
41.40.1985 Permanent retirement allowance adjustment.
[Title 41 RCW—page 195]
Chapter 41.40
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.40.1986 Permanent increase for specified beneficiaries age seventy or
over.
41.40.200 Retirement for disability in line of duty—Applicability to
certain judges.
41.40.210 Duty disability retirement allowance for disability after age
sixty.
41.40.220 Allowance on retirement for duty disability—Before sixty.
41.40.230 Nonduty disability—Applicability to certain judges.
41.40.235 Nonduty disability retirement allowance—Amount—
Maximum—Death benefit.
41.40.250 Allowance on retirement for nonduty disability—Election.
41.40.260 Withdrawal from system—Refund of contributions—Waiver
of allowance, when.
41.40.262 Elected officials—Restoration of withdrawn contributions.
41.40.270 Death before retirement or within sixty days following application for disability retirement—Payment of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits.
41.40.280 Department may withhold refunds of contributions.
41.40.300 Benefits offset by workers’ compensation or similar benefits.
41.40.310 Periodical examination of disability beneficiaries—Benefits
upon resumption of gainful employment.
41.40.320 Disability beneficiary—Restoration to service.
41.40.330 Contributions.
41.40.363 Employer’s contributions—Labor guild, association or organization.
41.40.931 Effective dates—2000 c 247.
41.40.932 Subchapter headings not law—2000 c 247.
Numerical designations—1998 c 341: See note following chapter
41.26 RCW digest.
Portability of public retirement benefits: Chapter 41.54 RCW.
Transfer of membership to judges’ retirement system: RCW 2.12.100.
"PLAN 2"
41.40.010 Definitions. As used in this chapter, unless
a different meaning is plainly required by the context:
(1) "Retirement system" means the public employees’
retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4)(a) "Employer" for plan 1 members, means every
branch, department, agency, commission, board, and office
of the state, any political subdivision or association of
political subdivisions of the state admitted into the retirement
system, and legal entities authorized by RCW 35.63.070 and
36.70.060 or chapter 39.34 RCW; and the term shall also
include any labor guild, association, or organization the
membership of a local lodge or division of which is comprised of at least forty percent employees of an employer
(other than such labor guild, association, or organization)
within this chapter. The term may also include any city of
the first class that has its own retirement system.
(b) "Employer" for plan 2 and plan 3 members, means
every branch, department, agency, commission, board, and
office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement
system, including public agencies created pursuant to RCW
35.63.070, 36.70.060, and 39.34.030; except that after
August 31, 2000, school districts and educational service
districts will no longer be employers for the public
employees’ retirement system plan 2.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.40.023. RCW 41.26.045 does not prohibit a person
otherwise eligible for membership in the retirement system
from establishing such membership effective when he or she
first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system
prior to April 1, 1949;
41.40.610
41.40.620
41.40.625
41.40.630
41.40.640
41.40.660
41.40.670
41.40.680
41.40.690
41.40.700
41.40.710
41.40.720
41.40.730
41.40.740
41.40.748
41.40.750
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Post-retirement cost-of-living.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Applicability to certain judges—Disposition upon death of recipient.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Death benefits.
Service credit for paid leave of absence, officers of labor
organizations, unpaid leave of absence, military service.
Vested membership.
Refund of contributions.
Reentry.
Commercial vehicle enforcement officers—Limited optional
transfer to Washington state patrol retirement system.
Transfer of membership and service credit—Restoration of
contributions and service credit.
"PLAN 3"
41.40.780
41.40.785
41.40.790
41.40.795
41.40.801
41.40.805
41.40.811
41.40.815
41.40.820
41.40.825
41.40.830
41.40.835
41.40.840
41.40.845
41.40.850
41.40.900
41.40.920
41.40.930
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 2 or plan 3—Irrevocable choice—
Default to plan 3.
Computation of retirement allowance.
Transfer period and basis—Additional transfer payment.
Application for and effective date of retirement allowances.
Leaves of absence—Military service.
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Disability allowance—Death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
Death benefits.
Postretirement cost-of-living.
Options for payment of retirement allowances—Court-approved property settlement.
Suspension of retirement allowance upon reemployment—
Exception—Reinstatement.
Severability—1977 ex.s. c 295.
Effective date—1977 ex.s. c 295.
Benefits not contractual right until March 1, 2002.
[Title 41 RCW—page 196]
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2,
AND PLAN 3"
41.40.005 Provisions applicable to "plan 1," "plan
2," and "plan 3." RCW 41.40.010 through *41.40.112
shall apply to members of plan 1, plan 2, and plan 3. [2000
c 247 § 101; 1992 c 72 § 8; 1991 c 35 § 69; 1989 c 273 §
20; 1989 c 272 § 7; 1979 ex.s. c 249 § 6; 1977 ex.s. c 295
§ 21.]
*Reviser’s note: RCW 41.40.112 was decodified August 1993.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
Purpose—1989 c 272: See note following RCW 41.32.005.
(2002 Ed.)
Washington Public Employees’ Retirement System
(b) Any person who becomes a member through the
admission of an employer into the retirement system on and
after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951,
provided the member has rendered at least one or more years
of service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through
the admission of an employer into the retirement system on
or after April 1, 1951, provided, such person has been in the
regular employ of the employer for at least six months of the
twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that
may have been withdrawn as provided by RCW 41.40.150
and who on the effective date of the individual’s retirement
becomes entitled to be credited with ten years or more of
membership service except that the provisions relating to the
minimum amount of retirement allowance for the member
upon retirement at age seventy as found in RCW
41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the
system for two or more years and who has restored all
contributions that may have been withdrawn as provided by
RCW 41.40.150 and who on the effective date of the
individual’s retirement has rendered five or more years of
service for the state or any political subdivision prior to the
time of the admission of the employer into the system;
except that the provisions relating to the minimum amount
of retirement allowance for the member upon retirement at
age seventy as found in RCW 41.40.190(4) shall not apply
to the member.
(7) "New member" means a person who becomes a
member on or after April 1, 1949, except as otherwise
provided in this section.
(8)(a) "Compensation earnable" for plan 1 members,
means salaries or wages earned during a payroll period for
personal services and where the compensation is not all paid
in money, maintenance compensation shall be included upon
the basis of the schedules established by the member’s
employer.
(i) "Compensation earnable" for plan 1 members also
includes the following actual or imputed payments, which
are not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the
equivalent of the salary or wage which the individual would
have earned during a payroll period shall be considered
compensation earnable and the individual shall receive the
equivalent service credit;
(B) If a leave of absence is taken by an individual for
the purpose of serving in the state legislature, the salary
which would have been received for the position from which
the leave of absence was taken, shall be considered as compensation earnable if the employee’s contribution is paid by
the employee and the employer’s contribution is paid by the
employer or employee;
(C) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(2002 Ed.)
41.40.010
(D) Compensation that a member would have received
but for a disability occurring in the line of duty only as
authorized by RCW 41.40.038;
(E) Compensation that a member receives due to
participation in the leave sharing program only as authorized
by RCW 41.04.650 through 41.04.670; and
(F) Compensation that a member receives for being in
standby status. For the purposes of this section, a member
is in standby status when not being paid for time actually
worked and the employer requires the member to be prepared to report immediately for work, if the need arises,
although the need may not arise.
(ii) "Compensation earnable" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan 2 and plan 3
members, means salaries or wages earned by a member
during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred
under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States Internal Revenue Code,
but shall exclude nonmoney maintenance compensation and
lump sum or other payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
"Compensation earnable" for plan 2 and plan 3 members
also includes the following actual or imputed payments,
which are not paid for personal services:
(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the
equivalent of the salary or wage which the individual would
have earned during a payroll period shall be considered
compensation earnable to the extent provided above, and the
individual shall receive the equivalent service credit;
(ii) In any year in which a member serves in the
legislature, the member shall have the option of having such
member’s compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member’s actual compensation earnable
received for nonlegislative public employment and legislative
service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as
authorized by RCW 41.40.038;
(v) Compensation that a member receives due to
participation in the leave sharing program only as authorized
by RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member
is in standby status when not being paid for time actually
worked and the employer requires the member to be pre[Title 41 RCW—page 197]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
pared to report immediately for work, if the need arises,
although the need may not arise.
(9)(a) "Service" for plan 1 members, except as provided
in RCW 41.40.088, means periods of employment in an
eligible position or positions for one or more employers
rendered to any employer for which compensation is paid,
and includes time spent in office as an elected or appointed
official of an employer. Compensation earnable earned in
full time work for seventy hours or more in any given
calendar month shall constitute one service credit month
except as provided in RCW 41.40.088. Compensation
earnable earned for less than seventy hours in any calendar
month shall constitute one-quarter service credit month of
service except as provided in RCW 41.40.088. Only service
credit months and one-quarter service credit months shall be
counted in the computation of any retirement allowance or
other benefit provided for in this chapter. Any fraction of a
year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent
in standby status, whether compensated or not, is not service.
(i) Service by a state employee officially assigned by
the state on a temporary basis to assist another public
agency, shall be considered as service as a state employee:
PROVIDED, That service to any other public agency shall
not be considered service as a state employee if such service
has been used to establish benefits in any other public
retirement system.
(ii) An individual shall receive no more than a total of
twelve service credit months of service during any calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to fortyfive days of sick leave as creditable service solely for the
purpose of determining eligibility to retire under RCW
41.40.180 as authorized by RCW 28A.400.300. For purposes of plan 1 "forty-five days" as used in RCW 28A.400.300
is equal to two service credit months. Use of less than
forty-five days of sick leave is creditable as allowed under
this subsection as follows:
(A) Less than twenty-two days equals one-quarter
service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five
days equals one and one-quarter service credit month.
(b) "Service" for plan 2 and plan 3 members, means
periods of employment by a member in an eligible position
or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for
ninety or more hours in any calendar month shall constitute
one service credit month except as provided in RCW
41.40.088. Compensation earnable earned for at least
seventy hours but less than ninety hours in any calendar
month shall constitute one-half service credit month of
service. Compensation earnable earned for less than seventy
hours in any calendar month shall constitute one-quarter
service credit month of service. Time spent in standby
status, whether compensated or not, is not service.
[Title 41 RCW—page 198]
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(i) Service in any state elective position shall be deemed
to be full time service, except that persons serving in state
elective positions who are members of the Washington
school employees’ retirement system, teachers’ retirement
system, or law enforcement officers’ and fire fighters’ retirement system at the time of election or appointment to
such position may elect to continue membership in the
Washington school employees’ retirement system, teachers’
retirement system, or law enforcement officers’ and fire
fighters’ retirement system.
(ii) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW
28A.400.300. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(10) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(11) "Service credit month" means a month or an
accumulation of months of service credit which is equal to
one.
(12) "Prior service" means all service of an original
member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1,
1947;
(b) All service after October 1, 1947, to any employer
prior to the time of its admission into the retirement system
for which member and employer contributions, plus interest
as required by RCW 41.50.125, have been paid under RCW
41.40.056 or 41.40.057;
(c) Service not to exceed six consecutive months of
probationary service rendered after April 1, 1949, and prior
to becoming a member, in the case of any member, upon
payment in full by such member of the total amount of the
employer’s contribution to the retirement fund which would
have been required under the law in effect when such
probationary service was rendered if the member had been
a member during such period, except that the amount of the
employer’s contribution shall be calculated by the director
based on the first month’s compensation earnable as a
member;
(2002 Ed.)
Washington Public Employees’ Retirement System
(d) Service not to exceed six consecutive months of
probationary service, rendered after October 1, 1947, and
before April 1, 1949, and prior to becoming a member, in
the case of any member, upon payment in full by such
member of five percent of such member’s salary during said
period of probationary service, except that the amount of the
employer’s contribution shall be calculated by the director
based on the first month’s compensation earnable as a
member.
(14)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, pension or other
benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other
benefit provided by this chapter resulting from service
rendered to an employer by another person.
(15) "Regular interest" means such rate as the director
may determine.
(16) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the
member’s individual account, including any amount paid
under RCW 41.50.165(2), together with the regular interest
thereon.
(17)(a) "Average final compensation" for plan 1
members, means the annual average of the greatest compensation earnable by a member during any consecutive two
year period of service credit months for which service credit
is allowed; or if the member has less than two years of
service credit months then the annual average compensation
earnable during the total years of service for which service
credit is allowed.
(b) "Average final compensation" for plan 2 and plan 3
members, means the member’s average compensation
earnable of the highest consecutive sixty months of service
credit months prior to such member’s retirement, termination, or death. Periods constituting authorized leaves of
absence may not be used in the calculation of average final
compensation except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of
compensation earnable by a member at the time of termination of employment.
(19) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(20) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(21) "Retirement allowance" means the sum of the
annuity and the pension.
(22) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer’s direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(23) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(2002 Ed.)
41.40.010
(a) Any position that, as defined by the employer,
normally requires five or more months of service a year for
which regular compensation for at least seventy hours is
earned by the occupant thereof. For purposes of this chapter
an employer shall not define "position" in such a manner
that an employee’s monthly work for that employer is
divided into more than one position;
(b) Any position occupied by an elected official or
person appointed directly by the governor, or appointed by
the chief justice of the supreme court under RCW
2.04.240(2) or 2.06.150(2), for which compensation is paid.
(26) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(25) of this section.
(27) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from
service without being separated from membership.
(28) "Totally incapacitated for duty" means total
inability to perform the duties of a member’s employment or
office or any other work for which the member is qualified
by training or experience.
(29) "Retiree" means any person who has begun
accruing a retirement allowance or other benefit provided by
this chapter resulting from service rendered to an employer
while a member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(33) "Plan 1" means the public employees’ retirement
system, plan 1 providing the benefits and funding provisions
covering persons who first became members of the system
prior to October 1, 1977.
(34) "Plan 2" means the public employees’ retirement
system, plan 2 providing the benefits and funding provisions
covering persons who first became members of the system
on and after October 1, 1977, and are not included in plan
3.
(35) "Plan 3" means the public employees’ retirement
system, plan 3 providing the benefits and funding provisions
covering persons who:
(a) First become a member on or after:
(i) March 1, 2002, and are employed by a state agency
or institute of higher education and who did not choose to
enter plan 2; or
(ii) September 1, 2002, and are employed by other than
a state agency or institute of higher education and who did
not choose to enter plan 2; or
(b) Transferred to plan 3 under RCW 41.40.795.
(36) "Index" means, for any calendar year, that year’s
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(37) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(38) "Index B" means the index for the year prior to
index A.
(39) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
[Title 41 RCW—page 199]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(40) "Adjustment ratio" means the value of index A
divided by index B.
(41) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the
nearest cent.
(42) "Separation from service" occurs when a person
has terminated all employment with an employer.
(43) "Member account" or "member’s account" for
purposes of plan 3 means the sum of the contributions and
earnings on behalf of the member in the defined contribution
portion of plan 3. [2000 c 247 § 102; 1998 c 341 § 601.
Prior: 1997 c 254 § 10; 1997 c 88 § 6; prior: 1995 c 345
§ 10; 1995 c 286 § 1; 1995 c 244 § 3; prior: 1994 c 298 §
2; 1994 c 247 § 5; 1994 c 197 § 23; 1994 c 177 § 8; 1993
c 95 § 8; prior: 1991 c 343 § 6; 1991 c 35 § 70; 1990 c
274 § 3; prior: 1989 c 309 § 1; 1989 c 289 § 1; 1985 c 13
§ 7; 1983 c 69 § 1; 1981 c 256 § 6; 1979 ex.s. c 249 § 7;
1977 ex.s. c 295 § 16; 1973 1st ex.s. c 190 § 2; 1972 ex.s.
c 151 § 1; 1971 ex.s. c 271 § 2; 1969 c 128 § 1; 1965 c 155
§ 1; 1963 c 225 § 1; 1963 c 174 § 1; 1961 c 291 § 1; 1957
c 231 § 1; 1955 c 277 § 1; 1953 c 200 § 1; 1951 c 50 § 1;
1949 c 240 § 1; 1947 c 274 § 1; Rem. Supp. 1949 §
11072-1.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—1994 c 298: "(1) This act provides cross-references to
existing statutes that affect calculation of pensions under the retirement
systems authorized by chapters 41.40 and 41.32 RCW to the relevant
definition sections of those chapters. Except as provided in subsection (2)
of this section, this act is technical in nature and neither enhances nor
diminishes existing pension rights. Except for the amendment to RCW
41.40.010(5), it is not the intent of the legislature to change the substance
or effect of any statute previously enacted. Rather, this act provides crossreferences to applicable statutes in order to aid with the administration of
benefits authorized in chapters 41.40 and 41.32 RCW.
(2) The amendments to RCW 41.40.010 (5) and (29) contained in
section 2, chapter 298, Laws of 1994, and to RCW 41.32.010(31) contained
in section 3, chapter 298, Laws of 1994, clarify the status of certain persons
as either members or retirees. RCW 41.04.275 and section 7, chapter 298,
Laws of 1994, create the pension funding account in the state treasury and
direct the transfer of moneys deposited in the budget stabilization account
by the 1993-95 operating appropriations act, section 919, chapter 24, Laws
of 1993 sp. sess., for the continuing costs of state retirement system benefits
in effect on July 1, 1993, consistent with section 919, chapter 24, Laws of
1993 sp. sess. to the pension funding account." [1994 c 298 § 1.]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes
following RCW 41.32.010.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Applicability—1983 c 69: "Section 1 of this 1983 act applies only
to service credit accruing after July 24, 1983." [1983 c 69 § 3.]
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
[Title 41 RCW—page 200]
Severability—1973 1st ex.s. c 190: "If any provision of this 1973
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 1st ex.s. c 190 § 16.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 c 128 § 19.]
Severability—1965 c 155: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1965 c 155 § 10.]
Severability—1963 c 174: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1963 c 174 § 19.]
Severability—1961 c 291: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1961 c 291 § 18.]
41.40.020 System created—Administration. A state
employees’ retirement system is hereby created for the
employees of the state of Washington and its political subdivisions. The administration and management of the retirement system, the responsibility for making effective the
provisions of this chapter, and the authority to make all rules
and regulations necessary therefor are hereby vested in the
department. All such rules and regulations shall be governed
by the provisions of chapter 34.05 RCW, as now or hereafter
amended. The retirement system herein provided for shall
be known as the Washington Public Employees’ Retirement
System. [1991 c 35 § 71; 1969 c 128 § 2; 1967 c 127 § 1;
1949 c 240 § 2; 1947 c 274 § 2; Rem. Supp. 1949 §
11072-2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.023 Membership. Membership in the retirement system shall consist of all regularly compensated
employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers
thereof elected by the members of the senate and the house
and legislative committees, unless membership of such
employees be authorized by the said committee;
(3)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held
elective offices or persons appointed by the governor who
are members in the retirement system and who have, prior
to becoming such members, previously held an elective
office, and did not at the start of such initial or successive
terms of office exercise their option to become members,
may apply for membership to be effective during such term
or terms of office, and shall be allowed to establish the
service credit applicable to such term or terms of office upon
payment of the employee contributions therefor by the
employee with interest as determined by the director and
employer contributions therefor by the employer or employee
(2002 Ed.)
Washington Public Employees’ Retirement System
with interest as determined by the director: AND PROVIDED FURTHER, That all contributions with interest submitted
by the employee under this subsection shall be placed in the
employee’s individual account in the employee’s savings
fund and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer’s obligation, together with the interest the director may apply to
the employer’s contribution, shall not be considered part of
the member’s annuity for any purpose except withdrawal of
contributions;
(b) A member holding elective office who has elected
to apply for membership pursuant to (a) of this subsection
and who later wishes to be eligible for a retirement allowance shall have the option of ending his or her membership
in the retirement system. A member wishing to end his or
her membership under this subsection must file, on a form
supplied by the department, a statement indicating that the
member agrees to irrevocably abandon any claim for service
for future periods served as an elected official. A member
who receives more than fifteen thousand dollars per year in
compensation for his or her elective service, adjusted
annually for inflation by the director, is not eligible for the
option provided by this subsection (3)(b);
(4) Employees holding membership in, or receiving
pension benefits under, any retirement plan operated wholly
or in part by an agency of the state or political subdivision
thereof, or who are by reason of their current employment
contributing to or otherwise establishing the right to receive
benefits from any such retirement plan except as follows:
(a) In any case where the retirement system has in
existence an agreement with another retirement system in
connection with exchange of service credit or an agreement
whereby members can retain service credit in more than one
system, such an employee shall be allowed membership
rights should the agreement so provide;
(b) An employee shall be allowed membership if
otherwise eligible while receiving survivor’s benefits;
(c) An employee shall not either before or after June 7,
1984, be excluded from membership or denied service credit
pursuant to this subsection solely on account of: (i) Membership in the plan created under chapter 2.14 RCW; or (ii)
enrollment under the relief and compensation provisions or
the pension provisions of the volunteer fire fighters’ relief
and pension fund under chapter 41.24 RCW;
(d) Except as provided in RCW 41.40.109, on or after
July 25, 1999, an employee shall not be excluded from
membership or denied service credit pursuant to this subsection solely on account of participation in a defined contribution pension plan qualified under section 401 of the
internal revenue code;
(e) Employees who have been reported in the retirement
system prior to July 25, 1999, and who participated during
the same period of time in a defined contribution pension
plan qualified under section 401 of the internal revenue code
and operated wholly or in part by the employer, shall not be
excluded from previous retirement system membership and
service credit on account of such participation;
(5) Patient and inmate help in state charitable, penal,
and correctional institutions;
(6) "Members" of a state veterans’ home or state
soldiers’ home;
(2002 Ed.)
41.40.023
(7) Persons employed by an institution of higher
learning or community college, primarily as an incident to
and in furtherance of their education or training, or the
education or training of a spouse;
(8) Employees of an institution of higher learning or
community college during the period of service necessary to
establish eligibility for membership in the retirement plans
operated by such institutions;
(9) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person’s practice of a
profession;
(10) Persons appointed after April 1, 1963, by the liquor
control board as agency vendors;
(11) Employees of a labor guild, association, or organization: PROVIDED, That elective officials and employees
of a labor guild, association, or organization which qualifies
as an employer within this chapter shall have the option of
applying for membership;
(12) Retirement system retirees: PROVIDED, That
following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(13) Persons employed by or appointed or elected as an
official of a first class city that has its own retirement
system: PROVIDED, That any member elected or appointed
to an elective office on or after April 1, 1971, shall have the
option of continuing as a member of this system in lieu of
becoming a member of the city system. A member who
elects to continue as a member of this system shall pay the
appropriate member contributions and the city shall pay the
employer contributions at the rates prescribed by this
chapter. The city shall also transfer to this system all of
such member’s accumulated contributions together with such
further amounts as necessary to equal all employee and
employer contributions which would have been paid into this
system on account of such service with the city and thereupon the member shall be granted credit for all such service.
Any city that becomes an employer as defined in RCW
41.40.010(4) as the result of an individual’s election under
this subsection shall not be required to have all employees
covered for retirement under the provisions of this chapter.
Nothing in this subsection shall prohibit a city of the first
class with its own retirement system from: (a) Transferring
all of its current employees to the retirement system established under this chapter, or (b) allowing newly hired
employees the option of continuing coverage under the
retirement system established by this chapter.
Notwithstanding any other provision of this chapter,
persons transferring from employment with a first class city
of over four hundred thousand population that has its own
retirement system to employment with the state department
of agriculture may elect to remain within the retirement
system of such city and the state shall pay the employer
contributions for such persons at like rates as prescribed for
employers of other members of such system;
(14) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c)
perform duties outside of the United States;
(15) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are
[Title 41 RCW—page 201]
41.40.023
Title 41 RCW: Public Employment, Civil Service, and Pensions
not excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(16) Employees who are citizens of the United States
and who reside and perform duties for an employer outside
of the United States: PROVIDED, That unless otherwise
excluded under this chapter or chapter 41.04 RCW, the
employee may apply for membership (a) within thirty days
after employment in an eligible position and membership
service credit shall be granted from the first day of membership service, and (b) after this thirty-day period, but membership service credit shall be granted only if payment is made
for the noncredited membership service under RCW
41.50.165(2), otherwise service shall be from the date of
application;
(17) The city manager or chief administrative officer of
a city or town, other than a retiree, who serves at the
pleasure of an appointing authority: PROVIDED, That such
persons shall have the option of applying for membership
within thirty days from date of their appointment to such
positions. Persons serving in such positions as of April 4,
1986, shall continue to be members in the retirement system
unless they notify the director in writing prior to December
31, 1986, of their desire to withdraw from membership in
the retirement system. A member who withdraws from
membership in the system under this section shall receive a
refund of the member’s accumulated contributions.
Persons serving in such positions who have not opted
for membership within the specified thirty days, may do so
by paying the amount required under RCW 41.50.165(2) for
the period from the date of their appointment to the date of
acceptance into membership;
(18) Persons serving as: (a) The chief administrative
officer of a public utility district as defined in RCW
54.16.100; (b) the chief administrative officer of a port
district formed under chapter 53.04 RCW; or (c) the chief
administrative officer of a county who serves at the pleasure
of an appointing authority: PROVIDED, That such persons
shall have the option of applying for membership within
thirty days from the date of their appointment to such
positions. Persons serving in such positions as of July 25,
1999, shall continue to be members in the retirement system
unless they notify the director in writing prior to December
31, 1999, of their desire to withdraw from membership in
the retirement system. A member who withdraws from
membership in the system under this section shall receive a
refund of the member’s accumulated contributions upon
termination of employment or as otherwise consistent with
the plan’s tax qualification status as defined in internal
revenue code section 401.
Persons serving in such positions who have not opted
for membership within the specified thirty days, may do so
at a later date by paying the amount required under RCW
41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(19) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who
are employed by local governments to earn hours to complete such apprenticeship programs, if the employee is a
member of a union-sponsored retirement plan and is making
[Title 41 RCW—page 202]
contributions to such a retirement plan or if the employee is
a member of a Taft-Hartley retirement plan;
(20) Beginning on July 22, 2001, persons employed
exclusively as trainers or trainees in resident apprentice
training programs operated by housing authorities authorized
under chapter 35.82 RCW, (a) if the trainer or trainee is a
member of a union-sponsored retirement plan and is making
contributions to such a retirement plan or (b) if the employee
is a member of a Taft-Hartley retirement plan. [2001 c 37
§ 1. Prior: 1999 c 286 § 2; 1999 c 244 § 1; 1997 c 254 §
11; prior: 1994 c 298 § 8; 1994 c 197 § 24; 1993 c 319 §
1; prior: 1990 c 274 § 10; 1990 c 192 § 4; 1988 c 109 §
25; 1987 c 379 § 1; 1986 c 317 § 5; 1984 c 184 § 13; 1984
c 121 § 1; 1982 1st ex.s. c 52 § 19; 1975 c 33 § 6; 1974
ex.s. c 195 § 2; 1973 1st ex.s. c 190 § 5; 1971 ex.s. c 271
§ 4; 1969 c 128 § 5; 1967 c 127 § 3; 1965 c 155 § 2; 1963
c 225 § 2; 1963 c 210 § 1; 1957 c 231 § 2; 1955 c 277 § 2;
1953 c 200 § 5; 1951 c 50 § 2; 1949 c 240 § 7; 1947 c 274
§ 13; Rem. Supp. 1949 § 11072-13. Formerly RCW
41.40.120.]
Intent—1999 c 286: "It is the intent of the legislature that retirement
benefits represent a valuable element of the total compensation and benefits
employees receive for their service. The value of these benefits is contained
in the retirement income and cost-of-living adjustments provided to
employees who remain in public service until retirement. For the majority
of public employees, this requires membership in the public employees’
retirement system.
The legislature recognizes, however, that certain occupations display
a pattern of interstate mobility which requires retirement benefits which are
highly portable. Incumbents in these occupations gain little value from
membership in the public employees’ retirement system. In order to remove
any barrier to employing qualified personnel in positions with high mobility,
membership in the retirement system should be optional in those occupations." [1999 c 286 § 1.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Intent—1994 c 298: See note following RCW 41.40.010.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
Severability—1984 c 184: See note following RCW 41.50.150.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1975 c 33: See note following RCW 35.21.780.
Severability—1974 ex.s. c 195: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 195 § 14.]
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
Pension benefits or annuity benefits for certain classifications of school
district employees: RCW 28A.400.260.
41.40.028 Nonelective position employees employed
for at least nine months—Deemed in eligible position,
when. Any person who has been employed in a nonelective
position for at least nine months and who has made member
contributions required under this chapter throughout such
period, shall be deemed to have been in an eligible position
(2002 Ed.)
Washington Public Employees’ Retirement System
during such period of employment. [1980 c 112 § 2.
Formerly RCW 41.40.123.]
41.40.032 Information furnished by employees,
appointive and elective officials. Within thirty days after
his or her employment or his or her acceptance into membership each employee or appointive or elective official shall
submit to the department a statement of his or her name, sex,
title, compensation, duties, date of birth, and length of
service as an employee or appointive or elective official, and
such other information as the department shall require. Each
employee who becomes a member shall file a detailed
statement of all his or her prior service as an employee and
shall furnish such other facts as the department may require
for the proper operation of the retirement system. Compliance with the provisions set forth in this section shall be
considered to be a condition of employment and failure by
an employee to comply may result in separation from service. [1991 c 35 § 76; 1949 c 240 § 8; 1947 c 274 § 1;
Rem. Supp. 1949 § 11072-14. Formerly RCW 41.40.130.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.035 Service credit prohibited for certain
members of committees, boards, and commissions and
for certain appointive and elective officials. (1) No person
appointed to membership on any committee, board, or
commission on or after July 1, 1976, who is compensated for
service on such committee, board, or commission for fewer
than ten days or seventy hours in any month, whichever
amount is less, shall receive service credit for such service
for that month: PROVIDED, That on and after October 1,
1977, appointive and elective officials who receive monthly
compensation earnable from an employer in an amount equal
to or less than ninety times the state minimum hourly wage
shall not receive any service credit for such employment.
(2) This section does not apply to any person serving on
a committee, board, or commission on June 30, 1976, who
continued such service until subsequently appointed by the
governor to a different committee, board, or commission.
[1987 c 146 § 1; 1977 ex.s. c 295 § 17; 1975-’76 2nd ex.s.
c 34 § 4. Formerly RCW 41.40.165.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
41.40.037 Service by retirees—Reduction of retirement allowance upon reemployment—Reestablishment of
membership. (1)(a) If a retiree enters employment with an
employer sooner than one calendar month after his or her
accrual date, the retiree’s monthly retirement allowance will
be reduced by five and one-half percent for every eight
hours worked during that month. This reduction will be
applied each month until the retiree remains absent from
employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2)(a) A retiree from plan 1 who has satisfied the break
in employment requirement of subsection (1) of this section
and who enters employment with an employer may continue
(2002 Ed.)
41.40.028
to receive pension payments while engaged in such service
for up to one thousand five hundred hours of service in a
calendar year without a reduction of pension. When a plan
1 member renders service beyond eight hundred sixty-seven
hours, the department shall collect from the employer the applicable employer retirement contributions for the entire
duration of the member’s employment during that calendar
year.
(b) A retiree from plan 2 or plan 3 who has satisfied the
break in employment requirement of subsection (1) of this
section may work up to eight hundred sixty-seven hours in
a calendar year in an eligible position, as defined in RCW
41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or
law enforcement officer, as defined in RCW 41.26.030,
without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits
shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180. However, if
the right to retire is exercised to become effective before the
member has rendered two uninterrupted years of service, the
retirement formula and survivor options the member had at
the time of the member’s previous retirement shall be
reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section
for the joint committee on pension policy.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to be employed for more than five months
in a calendar year without a reduction of his or her pension.
[2001 2nd sp.s. c 10 § 4; (2001 2nd sp.s. c 10 § 12 repealed
by 2002 c 26 § 9); 1997 c 254 § 14.]
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this
act which takes effect December 31, 2004, this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
July 1, 2001." [2001 2nd sp.s. c 10 § 14.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
41.40.038 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty on or after
March 27, 1984, and who received or are receiving benefits
under Title 51 RCW or a similar federal workers’ compensation program shall receive or continue to receive service
credit subject to the following:
(1) No member may receive more than one month’s
service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
[Title 41 RCW—page 203]
41.40.038
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5) Contributions shall be based on the regular compensation which the member would have received had the
disability not occurred. If contribution payments are made
retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. No
service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twelve consecutive months.
(7) Nothing in this section shall abridge service credit
rights granted in RCW 41.40.220(2) and 41.40.320.
(8) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [1987 c 118 § 1; 1986 c 176 § 2.
Formerly RCW 41.40.223.]
41.40.042 Members agree to deductions. The
deductions from the compensation of members, provided for
in RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, shall
be made notwithstanding that the minimum compensation
provided for by law for any member shall be reduced
thereby. Every member shall be deemed to consent and
agree to the deductions made and provided for in this
chapter and receipt in full for his or her salary or compensation, and payment less the deductions shall be a full and
complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by the person
during the period covered by the payment, except as to
benefits provided for under this chapter. [2000 c 247 § 103;
1991 c 35 § 89; 1977 ex.s. c 295 § 18; 1947 c 274 § 35;
Rem. Supp. 1947 § 11072-35. Formerly RCW 41.40.340.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.048 Employer’s contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be
collected as the employer’s contribution shall be computed
by applying the applicable rates established in chapter 41.45
RCW to the total compensation earnable of employer’s
members as shown on the current payrolls of the said
employer. In addition, the director shall determine and
collect the additional employer contribution rate necessary to
fund the benefits granted officials holding office pursuant to
Articles II and III of the Constitution of the state of Washington and RCW 48.02.010. Each said employer shall
compute at the end of each month the amount due for that
month and the same shall be paid as are its other obligations.
Effective January 1, 1987, however, no contributions are required for any calendar month in which the member is not
granted service credit.
(3) In the event of failure, for any reason, of an employer other than a political subdivision of the state to have
remitted amounts due for membership service of any of the
employer’s members rendered during a prior biennium, the
director shall bill such employer for such employer’s
contribution together with such charges as the director deems
appropriate in accordance with RCW 41.50.120. Such
billing shall be paid by the employer as, and the same shall
[Title 41 RCW—page 204]
be, a proper charge against any moneys available or appropriated to such employer for payment of current biennial
payrolls. [1989 c 273 § 23; 1986 c 268 § 5; 1985 c 138 §
1; 1982 1st ex.s. c 52 § 22; 1979 c 151 § 63; 1977 ex.s. c
295 § 20; 1963 c 126 § 1; 1961 c 291 § 12; 1949 c 240 §
26; 1947 c 274 § 38; Rem. Supp. 1947 § 11072-38. Formerly RCW 41.40.370.]
Severability—1989 c 273: See RCW 41.45.900.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.40.052 Exemption from taxation and judicial
process—Exceptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter,
the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2)(a) This section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing
deductions therefrom for payment of premiums due on any
group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its political subdivisions and which has been
approved for deduction in accordance with rules that may be
adopted by the state health care authority and/or the department, and this section shall not be deemed to prohibit a
beneficiary of a retirement allowance from authorizing
deductions therefrom for payment of dues and other membership fees to any retirement association or organization the
membership of which is composed of retired public employees, if a total of three hundred or more of such retired
employees have authorized such deduction for payment to
the same retirement association or organization.
(b) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions from that
allowance for charitable purposes on the same terms as
employees and public officers under RCW 41.04.035 and
41.04.036.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant
to chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay
benefits directly to an obligee under a dissolution order as
defined in RCW 41.50.500(3) which fully complies with
RCW 41.50.670 and 41.50.700, or (f) any administrative or
court order expressly authorized by federal law. [1999 c 83
§ 1. Prior: 1991 c 365 § 22; 1991 c 35 § 92; 1989 c 360
§ 27; 1988 c 107 § 20; 1987 c 326 § 24; 1982 c 135 § 2;
1981 c 294 § 14; 1979 ex.s. c 205 § 6; 1974 ex.s. c 195 §
4; 1967 c 127 § 6; 1947 c 274 § 39; Rem. Supp. 1947 §
11072-39. Formerly RCW 41.40.380.]
(2002 Ed.)
Washington Public Employees’ Retirement System
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
Effective date—1987 c 326: See RCW 41.50.901.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 195: See note following RCW 41.40.023.
41.40.054 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235,
41.40.250, 41.40.670, or 41.40.825 if the disability is the
result of criminal conduct by the member committed after
April 21, 1997. [2000 c 247 § 104; 1997 c 103 § 3.]
Severability—Effective date—1997 c 103: See notes following
RCW 41.26.061.
41.40.055 Penalty for false statements. Any person
who shall knowingly make any false statements, or shall
falsify or permit to be falsified any record or records of this
retirement system in any attempt to defraud the retirement
system as a result of such act, shall be guilty of a gross
misdemeanor. [1947 c 274 § 41; Rem. Supp. 1947 §
11072-41. Formerly RCW 41.40.400.]
41.40.056 Establishment of service credit—Former
employees—Employers admitted before July 23, 1995.
Except as qualified by RCW 41.40.023, for employers that
were admitted into the retirement system before July 23,
1995, membership service may be established for the
employer’s former employees who are active members of the
system if the member or member’s former employer pays an
amount equal to the employer and member contributions
which would have been paid to the retirement system on
account of such service to the retirement system. Payment
shall be made prior to the retirement of such member.
Payments submitted by the member under this section
shall be placed in the member’s individual account in the
members’ savings fund and be treated as any other contribution made by the member, with the exception that the
contributions submitted by the member in payment of the
employer’s obligation, together with the interest the director
may apply to the employer’s contribution, shall be excluded
from the calculation of the member’s annuity in the event
the member selects a benefit with an annuity option. [1995
c 286 § 2.]
41.40.057 Establishment of service credit—Current
and former employees—Employers admitted after July
23, 1995. (1) This section applies to the establishment of
membership service with employers admitted to the retirement system after July 23, 1995.
(2) For current employees, membership service may be
established for periods of employment with an employer
prior to the employer’s admission into the retirement system
by making the payments required by this section.
The employer must select one of the options in this
subsection and apply it uniformly, except as provided in
subsection (3) of this section. The required payment shall
include the total member and employer contributions that
(2002 Ed.)
41.40.052
would have been required from the date of each current
member’s hire.
(a) Option A: The employer makes all the required
payments within fifteen years from the date of the
employer’s admission.
(b) Option B: The employer makes a portion of the
required payments and the member pays the balance. The
employer shall not be required to make its payments until
the member has made his or her payments. Each member
shall have the option to purchase the membership service.
(c) Option C: The member makes all of the required
payments. Each member shall have the option to purchase
the membership service.
All payments under options B and C of this subsection
must be completed within five years from the date of the
employer’s admission, or prior to the retirement of the
member, whichever occurs sooner. A member may not
receive membership service credit under option B or C of
this subsection until all required payments have been made.
(3) An employer shall not be required to purchase
membership service under option A or B for periods of
employment for which the employer made contributions to
a qualified retirement plan as defined by 26 U.S.C. Sec.
401(a), if the contributions plus interest accrued cannot be
transferred to the retirement system. If the employer does
not purchase the membership credit under this subsection,
the member may purchase the membership service under
subsection (2)(c) of this section.
(4) A former employee who is an active member of the
system and is not covered by subsection (2) of this section
may establish membership service by making the required
payments under subsection (2)(c) of this section prior to the
retirement of the member.
(5) All payments made by the member under this
section shall be placed in the member’s individual account
in the members’ savings fund or the member’s account for
those members entering plan 3. [2000 c 247 § 105; 1995 c
286 § 3.]
41.40.058 Transfer of service credit from statewide
city employees’ retirement system. (1) Any person who
was a member of the statewide city employees’ retirement
system governed by chapter 41.44 RCW and who also
became a member of this retirement system on or before
July 26, 1987, may, in a writing filed with the director, elect
to:
(a) Transfer to this retirement system all service
currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service which was previously credited under chapter 41.44
RCW but which was canceled by discontinuance of service
and withdrawal of accumulated contributions as provided in
RCW 41.44.190. The service may be reestablished and
transferred only upon payment by the member to the
employees’ savings fund of this retirement system of the
amount withdrawn plus interest thereon from the date of
withdrawal until the date of payment at a rate determined by
the director. No additional payments are required for service
credit described in this subsection if already established
under this chapter; and
[Title 41 RCW—page 205]
41.40.058
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW, upon payment in full
by the member of the total employer’s contribution to the
benefit account fund of this retirement system that would
have been made under this chapter when the initial service
was rendered. The payment shall be based on the first
month’s compensation earnable as a member of the statewide
city employees’ retirement system and as defined in RCW
41.44.030(13). However, a person who has established
service credit under RCW 41.40.010(13) (c) or (d) shall not
establish additional credit under this subsection nor may
anyone who establishes credit under this subsection establish
any additional credit under RCW 41.40.010(13) (c) or (d).
No additional payments are required for service credit described in this subsection if already established under this
chapter.
(2)(a) In the case of a member of this retirement system
who is employed by an employer on July 26, 1987, the
written election required by subsection (1) of this section
must be filed and the payments required by subsection (1)(b)
and (c) of this section must be completed in full within one
year after July 26, 1987.
(b) In the case of a former member of this retirement
system who is not employed by an employer on July 26,
1987, the written election must be filed and the payments
must be completed in full within one year after reemployment by an employer.
(c) In the case of a retiree receiving a retirement
allowance from this retirement system on July 26, 1987, or
any person having vested rights as described in RCW
41.40.150 (4), the written election may be filed and the
payments may be completed at any time.
(3) Upon receipt of the written election and payments
required by subsection (1) of this section from any retiree
described in subsection (2) of this section, the department
shall recompute the retiree’s allowance in accordance with
this section and shall pay any additional benefit resulting
from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city
employees’ retirement system under chapter 41.44 RCW and
also became a member of this retirement system, and did not
make the election under subsection (1) of this section
because he or she was not a member of this retirement
system prior to July 27, 1987, or did not meet the time
limitations of subsection (2) (a) or (b) of this section, may
elect to do any of the following:
(a) Transfer to this retirement system all service
currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service that was previously credited under chapter 41.44
RCW but was canceled by discontinuance of service and
withdrawal of accumulated contributions as provided in
RCW 41.44.190; and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW.
To make the election or elections, the person must pay
the amount required under RCW 41.50.165(2) prior to
retirement from this retirement system. [1994 c 197 § 25;
[Title 41 RCW—page 206]
1987 c 417 § 1; 1984 c 184 § 9. Formerly RCW
41.40.403.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Severability—1984 c 184: See note following RCW 41.50.150.
41.40.059 Credit for service in Seattle’s police relief
and pension fund system. Any active member of this
retirement system who has previously established ten or
more years’ service credit in the city of Seattle’s police relief
and pension fund system, who withdrew his or her contributions from Seattle’s police relief and pension fund system
prior to July 1, 1961, and who has never been a member of
the law enforcement officers’ and fire fighters’ pension
system created in chapter 41.26 RCW, may receive credit in
this retirement system for such service, subject to the terms
and conditions specified in RCW 41.40.061. [1992 c 157 §
3.]
41.40.061 Credit for service in Seattle’s police relief
and pension fund system—Terms and conditions. (1) A
member who fulfills the requirements of RCW 41.40.059
may file a written declaration no later than September 30,
1992, with the department and the Seattle police relief and
pension fund system indicating the member’s desire to make
an irrevocable transfer of credit from the Seattle system to
this retirement system. The member shall restore his or her
contributions, with interest since the date of withdrawal as
determined by the director, no later than December 31, 1992.
(2) Upon receipt of the written declaration, the Seattle
police relief and pension fund system shall send the department a report of the member’s service credit. It shall also
transfer to the department the portion of such member’s
contributions that was retained in the Seattle police relief and
pension fund pursuant to RCW 41.20.150, plus a sum equal
to such member’s total contributions to the Seattle police
relief and pension fund, which shall be treated as matching
contributions by the employer, plus the compound interest
that would have been generated by such sums, as determined
by the Seattle city treasurer. The Seattle police relief and
pension fund system shall send the service credit report and
transfer the funds within ninety days of receiving the
member’s written declaration. [1992 c 157 § 4.]
41.40.062 Optional entry of system by political
subdivisions or associations of political subdivisions—
Procedure—School districts declared employers and
eligible employees members of system—Exception. (1)
The members and appointive and elective officials of any
political subdivision or association of political subdivisions
of the state may become members of the retirement system
by the approval of the local legislative authority.
(2) On and after September 1, 1965, every school
district of the state of Washington shall be an employer
under this chapter. Every member of each school district
who is eligible for membership under RCW 41.40.023 shall
be a member of the retirement system and participate on the
same basis as a person who first becomes a member through
the admission of any employer into the retirement system on
and after April 1, 1949, except that after August 31, 2000,
school districts will no longer be employers for the public
(2002 Ed.)
Washington Public Employees’ Retirement System
employees’ retirement system plan 2 or plan 3. [2000 c 247
§ 106; 1998 c 341 § 602; 1995 c 286 § 4; 1991 c 35 § 93;
1971 ex.s. c 271 § 12; 1969 c 128 § 13; 1965 c 84 § 1;
1963 c 174 § 16; 1961 c 291 § 13; 1953 c 200 § 19; 1951
c 50 § 13; 1949 c 240 § 27; 1947 c 274 § 43; Rem. Supp.
1949 § 11072-42. Formerly RCW 41.40.410.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.068 Hearing prior to appeal—Required—
Notice. Any person aggrieved by any decision of the
department affecting his or her legal rights, duties, or
privileges must before he or she appeals to the courts, file
with the director by mail or personally within sixty days
from the day the decision was communicated to the person,
a notice for a hearing before the director’s designee. The
notice of hearing shall set forth in full detail the grounds
upon which the person considers the decision unjust or
unlawful and shall include every issue to be considered by
the department, and it must contain a detailed statement of
facts upon which the person relies in support of the appeal.
These persons shall be deemed to have waived all objections
or irregularities concerning the matter on which the appeal
is taken, other than those specifically set forth in the notice
of hearing or appearing in the records of the retirement
system. [1991 c 35 § 94; 1969 c 128 § 14; 1963 c 174 §
17; 1953 c 200 § 22. Formerly RCW 41.40.412.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.073 Hearing prior to appeal—Conduct of
hearing. Following its receipt of a notice for hearing in
accordance with RCW 41.40.068, a hearing shall be held by
the director or a duly authorized representative, in the county
of the residence of the claimant at a time and place designated by the director. Such hearing shall be conducted and
governed in all respects by the provisions of chapter 34.05
RCW. [1989 c 175 § 87; 1969 c 128 § 15; 1953 c 200 §
23. Formerly RCW 41.40.414.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.078 Judicial review in accordance with
administrative procedure act. Judicial review of any final
decision and order by the director is governed by the provisions of chapter 34.05 RCW. [1989 c 175 § 88; 1969 c 128
§ 16; 1963 c 174 § 18; 1953 c 200 § 20; 1951 c 50 § 14.
Formerly RCW 41.40.420.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.082 Appeal—No bond required. No bond of
any kind shall be required of a claimant appealing to the
superior court, the court of appeals, or the supreme court
from a finding of the department affecting the claimant’s
right to retirement or disability benefits. [1991 c 35 § 95;
1971 c 81 § 105; 1951 c 50 § 16. Formerly RCW
41.40.440.]
(2002 Ed.)
41.40.062
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.088 Education employment—Service credit—
Computation. (1) A plan 1 member who is employed by a
school district or districts, an educational service district, the
state school for the deaf, the state school for the blind, institutions of higher education, or community colleges:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position,
earns compensation earnable for six hundred thirty hours or
more during that period, and is employed during nine months
of that period, except that a member may not receive credit
for any period prior to the member’s employment in an
eligible position;
(b) If a member in an eligible position does not meet
the requirements of (a) of this subsection, the member is
entitled to a service credit month for each month of the
period he or she earns earnable compensation for seventy or
more hours; and the member is entitled to a one-quarter
service credit month for those calendar months during which
he or she earned compensation for less than seventy hours.
(2) Except for any period prior to the member’s employment in an eligible position, a plan 2 or plan 3 member who
is employed by a school district or districts, an educational
service district, the state school for the blind, the state school
for the deaf, institutions of higher education, or community
colleges:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position,
earns compensation earnable for eight hundred ten hours or
more during that period, and is employed during nine months
of that period;
(b) If a member in an eligible position for each month
of the period from September through August of the following year does not meet the hours requirements of (a) of this
subsection, the member is entitled to one-half service credit
month for each month of the period if he or she earns
earnable compensation for at least six hundred thirty hours
but less than eight hundred ten hours during that period, and
is employed nine months of that period;
(c) In all other instances, a member in an eligible
position is entitled to service credit months as follows:
(i) One service credit month for each month in which
compensation is earned for ninety or more hours;
(ii) One-half service credit month for each month in
which compensation is earned for at least seventy hours but
less than ninety hours; and
(iii) One-quarter service credit month for each month in
which compensation is earned for less than seventy hours;
(d) After August 31, 2000, school districts and educational service districts will no longer be employers for the
public employees’ retirement system plan 2 or plan 3.
(3) The department shall adopt rules implementing this
section. [2000 c 247 § 107; 1998 c 341 § 603. Prior: 1991
c 343 § 9; 1991 c 35 § 96; 1990 c 274 § 4; 1989 c 289 § 2;
1987 c 136 § 1; 1983 c 69 § 2; 1973 c 23 § 1. Formerly
RCW 41.40.450.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
[Title 41 RCW—page 207]
41.40.088
Title 41 RCW: Public Employment, Civil Service, and Pensions
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Intent—Reservation—Effective date—Construction—
1990 c 274: See notes following RCW 41.32.010.
41.40.092 Transfer of cadet service credit to
Washington state patrol retirement system. (1) Active
members of the Washington state patrol retirement system
who have previously established service credit in the public
employees’ retirement system, plan 1 or plan 2 while
employed by the state patrol as a cadet as defined in RCW
43.43.120(6)(b) may have such service credit transferred to
the state patrol retirement system subject to the terms and
conditions specified in chapter 43.43 RCW, including
reestablishment of such service for the sole purpose of
transfer. Service reestablishment shall be subject to the
interest requirements of RCW 41.40.150(2).
(2) Service credit established for employment other than
that specified in subsection (1) of this section is not eligible
for transfer. [2000 c 247 § 108; 1983 c 81 § 3. Formerly
RCW 41.40.530.]
Effective date—1983 c 81: See note following RCW 43.43.120.
41.40.0931 Death benefit—Death in the course of
employment as a police officer. (1) A one hundred fifty
thousand dollar death benefit for members who had the
opportunity to transfer to the law enforcement officers’ and
fire fighters’ retirement system pursuant to chapter 502,
Laws of 1993, but elected to remain in the public
employees’ retirement system, shall be paid to the member’s
estate, or such person or persons, trust, or organization as the
member has nominated by written designation duly executed
and filed with the department. If there is no designated
person or persons still living at the time of the member’s
death, the member’s death benefit shall be paid to the
member’s surviving spouse as if in fact the spouse had been
nominated by written designation, or if there is no surviving
spouse, then to the member’s legal representatives.
(2) Subject to subsection (3) of this section, the benefit
under this section shall be paid only where death occurs as
a result of injuries sustained in the course of employment as
a general authority police officer. The determination of
eligibility for the benefit shall be made consistent with Title
51 RCW by the department of labor and industries. The
department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
(3) The benefit under this section shall not be paid in
the event the member was in the act of committing a felony
when the fatal injuries were suffered. [1998 c 157 § 1.]
Effective date—1998 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 157 § 6.]
41.40.095 Transfer of membership from judicial
retirement system. (1) Any member of the Washington
judicial retirement system who wishes to transfer such
membership to the retirement system provided for in this
chapter shall file a written request with the director as
required by RCW 2.10.040 on or before December 31, 1989,
or within one year after reentering service as a judge.
Upon receipt of such request, the director shall transfer
from the judicial retirement system to this retirement system:
[Title 41 RCW—page 208]
(a) An amount equal to the employee and employer contributions the judge would have made if the judge’s service under
chapter 2.10 RCW had originally been earned under this
chapter, which employee contributions shall be credited to
the member’s account established under this chapter; and (b)
a record of service credited to the member. The judge’s
accumulated contributions that exceed the amount credited
to the judge’s account under this subsection shall be deposited in the judge’s retirement account created pursuant to
chapter 2.14 RCW.
(2) The member shall be given year-for-year credit for
years of service, as determined under RCW 2.10.030(8),
earned under the judicial retirement system. Service credit
granted under the judicial retirement system pursuant to
RCW 2.10.220 shall not be transferred under this section.
The director instead shall reverse the transfer of contributions and service credit previously made under RCW
2.10.220 and shall credit the member for such periods of
service and contributions under this chapter as though no
transfer had ever occurred.
(3) All employee contributions transferred pursuant to
this section shall be treated the same as other employee
contributions made under this chapter. [1988 c 109 § 5.
Formerly RCW 41.40.540.]
Effective date—1988 c 109: See note following RCW 2.10.030.
41.40.098 Transfer of former service from judicial
retirement system. A former member of the Washington
judicial retirement system who: (1) Is not serving as a judge
on July 1, 1988; (2) has not retired under the applicable
provisions of chapter 2.10 RCW; and (3) subsequently
reacquires membership in the public employees’ retirement
system may, by written request filed with the director of
retirement systems, transfer to the public employees’
retirement system all periods of time served as a judge, as
defined in RCW 2.10.030(2). Upon such membership
transfer being made, the department of retirement systems
shall transfer the employer contributions and the employee’s
contributions and service from the judicial retirement system
to the public employees’ retirement system. The service
shall be transferred and credited to the member as though the
service was originally earned as a member of the public
employees’ retirement system. [1988 c 109 § 6. Formerly
RCW 41.40.542.]
Effective date—1988 c 109: See note following RCW 2.10.030.
41.40.102 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect
on retirement benefits under this chapter. [1983 c 283 § 4.
Formerly RCW 41.40.800.]
41.40.103 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits
imposed by section 401(a)(17) of the federal internal revenue
code for qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 3.]
(2002 Ed.)
Washington Public Employees’ Retirement System
41.40.104 Establishing, restoring service credit.
Notwithstanding any provision to the contrary, persons who
fail to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited
membership service represented by withdrawn contributions;
or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 3.]
41.40.105 Chapter not applicable to officers and
employees of state convention and trade center. The
provisions of this chapter shall not be applicable to the
officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW. [1984 c 210 § 6. Formerly
RCW 41.40.810.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
41.40.108 Higher education classified employees—
Membership in the public employees’ retirement system.
(1) All classified employees employed by Washington State
University on and after April 24, 1973, and otherwise
eligible shall become members of the Washington public
employees’ retirement system to the exclusion of any other
retirement benefit system at the institution unless otherwise
provided by law.
(2) All classified employees employed by the University
of Washington or each of the regional universities or The
Evergreen State College on and after May 6, 1974, and
otherwise eligible shall become members of the Washington
public employees’ retirement system at the institution unless
otherwise provided by law: PROVIDED, That persons who,
immediately prior to the date of their hiring as classified
employees, have for at least two consecutive years held
membership in a retirement plan underwritten by the private
insurer of the retirement plan of their respective educational
institution may irrevocably elect to continue their membership in the retirement plan notwithstanding the provisions
of this chapter, if the election is made within thirty days
from the date of their hiring as classified employees. If
these persons elect to become members of the public
employees’ retirement system, contributions by them and
their employers shall be required from their first day of
employment. [1991 c 35 § 107.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.109 Retirement system employer—
Termination of status. (1) Employers that are organized
pursuant to chapter 36.100, 36.102, or 81.112 RCW, who
have become retirement system employers since 1993, and
who have previously excluded some of their employees from
retirement system membership pursuant to the limitation in
RCW 41.40.023(4), shall have the option until December 31,
1999, to terminate their status as a retirement system
employer with regard to persons employed after the date of
their election.
(2002 Ed.)
41.40.104
(2) If a government unit terminates its status as an
employer pursuant to this section its employees as of the
date of the election who are members shall be eligible to
continue their membership in the retirement system, if otherwise eligible under this chapter, for the duration of their
continuous employment with that employer.
(3) If a government unit subject to this section does not
elect to terminate its status as a retirement system employer
it may either: (a) Continue to exclude from membership
those employees who were excluded pursuant to the limitation in RCW 41.40.023(4) prior to July 25, 1999; or [(b)]
include such employees in the retirement system, if otherwise eligible under this chapter, for service rendered on or
after July 25, 1999, and after the employer’s election. [1999
c 244 § 2.]
41.40.111 Retirement system employer—Unit of
government. (1) When a unit of government has become a
retirement system employer, all of its employees must be included in the plan membership, if otherwise eligible under
this chapter, unless the employee is exempted from membership or qualifies for optional membership pursuant to RCW
41.40.023 or other provision of this chapter.
(2) A unit of government which has become a retirement system employer may not withdraw from the retirement
system. [1999 c 244 § 3.]
"PLAN 1"
41.40.145 Provisions applicable to plan 1. RCW
41.40.150 through 41.40.363 shall apply only to members of
plan 1. [1992 c 72 § 9; 1991 c 35 § 105.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.150 Termination of membership—Restoration
of service credit. Should any member die, or should the
individual separate or be separated from service without
leave of absence before attaining age sixty years, or should
the individual become a beneficiary, except a beneficiary of
an optional retirement allowance as provided by RCW
41.40.188, the individual shall thereupon cease to be a
member except;
(1) As provided in RCW 41.40.170.
(2) An employee not previously retired who reenters
service shall upon completion of six months of continuous
service and upon the restoration, in one lump sum or in
annual installments, of all withdrawn contributions: (a) With
interest as computed by the director, which restoration must
be completed within a total period of five years of membership service following the member’s first resumption of
employment or (b) paying the amount required under RCW
41.50.165(2), be returned to the status, either as an original
member or new member which the member held at time of
separation.
(3)(a) Except as provided in (b) of this subsection, a
member who separates or has separated after having completed at least five years of service shall remain a member
during the period of absence from service for the exclusive
purpose of receiving a retirement allowance to begin at
attainment of age sixty-five, however, such a member may
on written notice to the director elect to receive a reduced
[Title 41 RCW—page 209]
41.40.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
retirement allowance on or after age sixty which allowance
shall be the actuarial equivalent of the sum necessary to pay
regular retirement benefits as of age sixty-five: PROVIDED,
That if such member should withdraw all or part of the
member’s accumulated contributions except those additional
contributions made pursuant to RCW 41.40.330(2), the
individual shall thereupon cease to be a member and this
section shall not apply.
(b) A member who:
(i) Separates from service under this subsection on or
after January 1, 2002; and
(ii) Attains the age of fifty with at least twenty years of
service prior to separation; and
(iii) Is not retired as of June 13, 2002, shall remain a
member during the period of absence from service for the
exclusive purpose of receiving a retirement allowance to
begin at attainment of age sixty.
If such a member should withdraw all or part of the
member’s accumulated contributions except those additional
contributions made pursuant to RCW 41.40.330(2), the
individual shall thereupon cease to be a member and this
section shall not apply.
(4) The recipient of a retirement allowance elected to
office or appointed to office directly by the governor, and
who shall apply for and be accepted in membership as
provided in RCW 41.40.023(3) shall be considered to have
terminated his or her retirement status and shall become a
member of the retirement system with the status of membership the member held as of the date of retirement. Retirement benefits shall be suspended from the date of return to
membership until the date when the member again retires
and the member shall make contributions and receive
membership credit. Such a member shall have the right to
again retire if eligible in accordance with RCW 41.40.180:
PROVIDED, That where any such right to retire is exercised
to become effective before the member has rendered six
uninterrupted months of service the type of retirement
allowance the member had at the time of the member’s
previous retirement shall be reinstated, but no additional
service credit shall be allowed: AND PROVIDED FURTHER, That if such a recipient of a retirement allowance
does not elect to apply for reentry into membership as
provided in RCW 41.40.023(3), the member shall be
considered to remain in a retirement status and the
individual’s retirement benefits shall continue without
interruption.
(5) Any member who leaves the employment of an
employer and enters the employ of a public agency or
agencies of the state of Washington, other than those within
the jurisdiction of this retirement system, and who establishes membership in a retirement system or a pension fund
operated by such agency or agencies and who shall continue
membership therein until attaining age sixty, shall remain a
member for the exclusive purpose of receiving a retirement
allowance without the limitation found in RCW 41.40.180(1)
to begin on attainment of age sixty-five; however, such a
member may on written notice to the director elect to receive
a reduced retirement allowance on or after age sixty which
allowance shall be the actuarial equivalent of the sum
necessary to pay regular retirement benefits commencing at
age sixty-five: PROVIDED, That if such member should
withdraw all or part of the member’s accumulated contribu[Title 41 RCW—page 210]
tions except those additional contributions made pursuant to
RCW 41.40.330(2), the individual shall thereupon cease to
be a member and this section shall not apply. [2002 c 62 §
1; 1997 c 254 § 12; 1994 c 197 § 26; 1992 195 § 1; 1990 c
249 § 17. Prior: 1987 c 384 § 1; 1987 c 88 § 1; 1986 c
317 § 3; 1983 c 233 § 2; 1982 1st ex.s. c 52 § 20; 1979
ex.s. c 249 § 10; 1974 ex.s. c 195 § 3; 1973 1st ex.s. c 190
§ 6; 1969 c 128 § 6; 1967 c 127 § 4; 1965 c 155 § 3; 1963
c 174 § 8; 1955 c 277 § 3; 1953 c 200 § 7; 1951 c 50 § 3;
1949 c 240 § 10; 1947 c 274 § 16; Rem. Supp. 1949 §
11072-16.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Effective date—1992 c 195 § 1: "Section 1 of this act shall take
effect January 1, 1994." [1992 c 195 § 3.]
Findings—1990 c 249: See note following RCW 2.10.146.
Effective dates—1987 c 384: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1987. Section 2 of this act shall take effect July 1,
1988." [1987 c 384 § 3.]
Legislative findings—Intent—1986 c 317: "The legislature finds that
in the past public employees and teachers who had terminated employment,
withdrawn their retirement contributions, and subsequently returned to
public employment or teaching either did not receive proper notification of
the procedure to reinstate their withdrawn contributions or they did not fully
understand the limitation on such reinstatement. In 1973, the legislature
recognized this fact and provided an extraordinary reinstatement period for
such employees. Further in 1983, the legislature established clear notification procedures for the proper notification of the reinstatement policy for all
such returning employees. Therefore, it is the intent of this 1986 act to
provide one last opportunity for reinstatement of withdrawn contributions
to those who may have not been properly informed or misunderstood the
reinstatement procedure." [1986 c 317 § 1.]
Severability—1986 c 317: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 317 § 11.]
Severability—1983 c 233: See note following RCW 41.32.500.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1974 ex.s. c 195: See note following RCW 41.40.023.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.160 Creditable service. (1) Subject to the
provisions of RCW 41.40.150, at retirement the total service
credited to a member shall consist of all membership service
and, if he or she is an original member, all of the certified
prior service.
(2) Employees of a public utility or other private
enterprise all or any portion of which has been heretofore or
may be hereafter acquired by a public agency as a matter of
public convenience and necessity, where it is in the public
interest to retain the trained personnel of such enterprise, all
service to that enterprise shall, upon the acquiring public
agency becoming an employer as defined in RCW
41.40.010(4) be credited on the same basis as if rendered to
the said employer: PROVIDED, That this shall apply only
to those employees who were in the service of the enterprise
at or prior to the time of acquisition by the public agency
and who remain in the service of the acquiring agency until
(2002 Ed.)
Washington Public Employees’ Retirement System
they attain membership in the state employees’ retirement
system; and to those employees who were in the service of
the enterprise at the time of acquisition by the public agency
and subsequently attain membership through employment
with any participating agency: PROVIDED FURTHER, In
the event that the acquiring agency is an employer at the
time of the acquisition, employer’s contributions in connection with members achieving service credit hereunder shall
be made on the same basis as set forth in RCW *41.40.045
and 41.40.048 for an employer admitted after April 1, 1949,
and before July 23, 1995, and on the same basis as set forth
in RCW 41.40.057 for an employer admitted after July 23,
1995. [1995 c 286 § 5; 1991 c 35 § 77; 1989 c 273 § 27;
1965 c 155 § 4; 1963 c 174 § 9; 1953 c 200 § 8; 1951 c 50
§ 4; 1949 c 240 § 11; 1947 c 274 § 17; Rem. Supp. 1949 §
11072-17.]
*Reviser’s note: RCW 41.40.045 was repealed by 1995 c 286 § 6.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
41.40.163 Purchase of service credit—Service at
Washington State University. Notwithstanding any
provision to the contrary, employees of Washington State
University who first established membership in the public
employees’ retirement system plan 1 under RCW 41.40.500
through 41.40.507, as existing on July 28, 1991, and *RCW
41.40.508, as existing on June 7, 1990, may purchase, as set
forth under RCW 41.50.165, plan 1 service credit for the
period of service at Washington State University prior to his
or her contributory membership in the Washington State
University retirement system. [1998 c 17 § 4.]
*Reviser’s note: RCW 41.40.508 was repealed by 1990 c 249 § 22.
41.40.170 Credit for military service. (1) A member
who has served or shall serve on active federal service in the
military or naval forces of the United States and who left or
shall leave an employer to enter such service shall be
deemed to be on military leave of absence if he or she has
resumed or shall resume employment as an employee within
one year from termination thereof.
(2) If he or she has applied or shall apply for reinstatement of employment, within one year from termination of
the military service, and is refused employment for reasons
beyond his or her control, he or she shall, upon resumption
of service within ten years have such service credited to him
or her.
(3) In any event, after completing twenty-five years of
creditable service, any member may have service in the
armed forces credited to him or her as a member whether or
not he or she left the employ of an employer to enter the
armed service: PROVIDED, That in no instance, described
in this section, shall military service in excess of five years
be credited: AND PROVIDED FURTHER, That in each
instance the member must restore all withdrawn accumulated
contributions, which restoration must be completed within
five years of membership service following the first resumption of employment or complete twenty-five years of creditable service: AND PROVIDED FURTHER, That this
section will not apply to any individual, not a veteran within
the meaning of RCW 41.04.005. [2002 c 27 § 2; 1991 c 35
§ 78; 1981 c 294 § 12; 1973 1st ex.s. c 190 § 14; 1972 ex.s.
(2002 Ed.)
41.40.160
c 151 § 3; 1969 c 128 § 7; 1967 c 127 § 8; 1963 c 174 §
10; 1953 c 200 § 9; 1949 c 240 § 12; 1947 c 274 § 18;
Rem. Supp. 1949 § 11072-18.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.175 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by
a member’s employer shall continue to receive service credit
as provided under the provisions of RCW 41.40.145 through
41.40.363.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement. [1993 c 95 § 1.]
Retroactive application—1993 c 95: "This act applies on a retroactive basis to members for whom compensation and hours were reported
under the circumstances described in sections 1 through 6 of this act. This
act may also be applied on a retroactive basis to January 1, 1992, to
members for whom compensation and hours would have been reported
except for chapter 3, Laws of 1992, or explicit instructions from the
department of retirement systems." [1993 c 95 § 9.]
Effective date—1993 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 21, 1993]." [1993 c 95 § 11.]
41.40.180 Retirement—Length of service. (1) Any
member with five years of creditable service who has
attained age sixty and any original member who has attained
age sixty may retire on written application to the director,
setting forth at what time the member desires to be retired:
PROVIDED, That in the national interest, during time of war
engaged in by the United States, the director may extend
beyond age sixty, subject to the provisions of subsection (2)
of this section, the age at which any member may be eligible
to retire.
(2) Any member who has completed thirty years of
service may retire on written application to the director
setting forth at what time the member desires to be retired,
subject to war measures.
(3) Any member who has completed twenty-five years
of service and attained age fifty-five may retire on written
application to the director setting forth at what time the
member desires to be retired, subject to war measures.
(4) Any individual who is eligible to retire pursuant to
subsections (1) through (3) of this section shall be allowed
to retire while on any authorized leave of absence not in
excess of one hundred and twenty days. [1982 1st ex.s. c 52
[Title 41 RCW—page 211]
41.40.180
Title 41 RCW: Public Employment, Civil Service, and Pensions
§ 21; 1973 1st ex.s. c 190 § 7; 1972 ex.s. c 151 § 4; 1971
ex.s. c 271 § 7; 1967 c 127 § 5; 1963 c 174 § 11; 1955 c
277 § 4; 1953 c 200 § 10; 1951 c 81 § 1; 1949 c 240 § 13;
1947 c 274 § 19; Rem. Supp. 1949 § 11072-19.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.40.185 Retirement allowances—Members
retiring after February 25, 1972. Upon retirement from
service, as provided for in RCW 41.40.180 or 41.40.210, a
member shall be eligible for a service retirement allowance
computed on the basis of the law in effect at the time of
retirement, together with such post-retirement pension
increases as may from time to time be expressly authorized
by the legislature. The service retirement allowance payable
to members retiring on and after February 25, 1972 shall
consist of:
(1) An annuity which shall be the actuarial equivalent
of his or her additional contributions made pursuant to RCW
41.40.330(2).
(2) A membership service pension, subject to the
provisions of subsection (4) of this section, which shall be
equal to two percent of his or her average final compensation for each service credit year or fraction of a service
credit year of membership service.
(3) A prior service pension which shall be equal to oneseventieth of his or her average final compensation for each
year or fraction of a year of prior service not to exceed thirty
years credited to his or her service accounts. In no event,
except as provided in *this 1972 amendatory act, shall any
member receive a retirement allowance pursuant to subsections (2) and (3) of this section of more than sixty percent of
his or her average final compensation: PROVIDED, That no
member shall receive a pension under this section of less
than nine hundred dollars per annum if such member has
twelve or more years of service credit, or less than one
thousand and two hundred dollars per annum if such member
has sixteen or more years of service credit, or less than one
thousand five hundred and sixty dollars per annum if such
member has twenty or more years of service credit.
(4) Notwithstanding the provisions of subsections (1)
through (3) of this section, the retirement allowance payable
for service where a member was elected or appointed
pursuant to Articles II or III of the Constitution of the state
of Washington or RCW 48.02.010 and the implementing
statutes shall be a combined pension and annuity. Said
retirement allowance shall be equal to three percent of the
average final compensation for each year of such service.
Any member covered by this subsection who upon retirement has served ten or more years shall receive a retirement
allowance of at least one thousand two hundred dollars per
annum; such member who has served fifteen or more years
shall receive a retirement allowance of at least one thousand
eight hundred dollars per annum; and such member who has
served twenty or more years shall receive a retirement
allowance of at least two thousand four hundred dollars per
annum: PROVIDED, That the initial retirement allowance
of a member retiring only under the provisions of this
subsection shall not exceed the average final compensation
[Title 41 RCW—page 212]
upon which the retirement allowance is based. The minimum benefits provided in this subsection shall apply to all
retired members or to the surviving spouse of deceased
members who were elected to the office of state senator or
state representative. [1991 c 343 § 7; 1990 c 249 § 7; 1987
c 143 § 2; 1973 1st ex.s. c 190 § 8; 1972 ex.s. c 151 § 5.]
*Reviser’s note: For codification of "this 1972 amendatory act"
[1972 ex.s. c 151], see Codification Tables, Volume 0.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
41.40.188 Retirement allowance—Options—
Retirement allowance adjustment—Court-approved
property settlement. (1) Upon retirement for service as
prescribed in RCW 41.40.180 or retirement for disability
under RCW 41.40.210 or 41.40.230, a member shall elect to
have the retirement allowance paid pursuant to one of the
following options calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total
of the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the
member’s estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there
be no such designated person or persons still living at the
time of the retiree’s death, then to the surviving spouse; or
if there be neither such designated person or persons still
living at the time of death nor a surviving spouse, then to the
retiree’s legal representative.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a person nominated by the member by
written designation duly executed and filed with the department at the time of retirement. The options adopted by the
department shall include, but are not limited to, a joint and
one hundred percent survivor option and a joint and fifty
percent survivor option.
(c) A member may elect to include the benefit provided
under RCW 41.40.640 along with the retirement options
available under this section. This retirement allowance
option shall be calculated so as to be actuarially equivalent
to the options offered under this subsection.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent
survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(2002 Ed.)
Washington Public Employees’ Retirement System
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as
of July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the
percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the
following:
(i) One hundred percent multiplied by the result of
(c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date
of the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall
adopt rules to permit:
(2002 Ed.)
41.40.188
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.180(1) and the
member’s divorcing spouse be divided into two separate
benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age
provided in RCW 41.40.180(1) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (4) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and
the nonmember ex spouse are not (i) subject to the minimum
benefit provisions of RCW 41.40.1984, or (ii) the minimum
benefit annual increase amount eligibility provisions of RCW
41.40.197 (2)(b) and (3)(a).
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 12; 2000 c 186 § 7; 1998 c 340 § 8; 1996 c 175 §
6; 1995 c 144 § 1; 1990 c 249 § 9.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
41.40.189 Retirement allowance—Adjustment
eligibility. (1) A retiree who receives state-funded long-term
care services on or after June 1, 1998, is not eligible for the
increase provided by section 8, chapter 340, Laws of 1998,
if the increase would make the retiree ineligible for statefunded long-term care services. For the purposes of this
section "state-funded long-term care services" means a statefunded adult family home, adult residential care, assisted
living, enhanced adult residential care, in-home care, or
nursing home service, as defined in RCW 74.39A.009, for
which the retiree is required to contribute all income other
than a specified amount reserved for the retiree’s personal
maintenance needs. Retirees who are subject to this section
shall notify the department in writing. The department has
no affirmative duty to identify retirees who are subject to
this subsection.
[Title 41 RCW—page 213]
41.40.189
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) This section applies to all payments under section 8,
chapter 340, Laws of 1998, made on or after May 17, 1999,
regardless of the date of retirement. [1999 c 362 § 3.]
Effective date—1999 c 362 § 3: "Section 3 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [May 17, 1999]." [1999 c 362 § 4.]
41.40.190 Retirement allowance—In lieu of allowance provided in RCW 41.40.185. In lieu of the retirement
allowance provided in RCW 41.40.185, an individual employed on or before April 25, 1973 may, after complying
with RCW 41.40.180 or 41.40.210, make an irrevocable
election to receive the retirement allowance provided by this
section which shall consist of:
(1) An annuity which shall be the actuarial equivalent
of his or her accumulated contributions at the time of his or
her retirement; and
(2) A basic service pension of one hundred dollars per
annum; and
(3) A membership service pension, subject to the
provisions of subdivision (4) of this section, which shall be
equal to one one-hundredth of his or her average final
compensation for each year or fraction of a year of membership service credited to his or her service account; and
(4) A prior service pension which shall be equal to oneseventieth of his or her average final compensation for each
year or fraction of a year of prior service not to exceed thirty
years credited to his or her service accounts. In no event
shall any original member upon retirement at age seventy
with ten or more years of service credit receive less than
nine hundred dollars per annum as a retirement allowance,
nor shall any member upon retirement at any age receive a
retirement allowance of less than nine hundred dollars per
annum if such member has twelve or more years of service
credit, or less than one thousand and two hundred dollars per
annum if such member has sixteen or more years of service
credit, or less than one thousand five hundred and sixty
dollars per annum if such member has twenty or more years
of service credit. In the event that the retirement allowance
as to such member provided by subdivisions (1), (2), (3),
and (4) hereof shall amount to less than the aforesaid
minimum retirement allowance, the basic service pension of
the member shall be increased from one hundred dollars to
a sum sufficient to make a retirement allowance of the
applicable minimum amount.
(5) Notwithstanding the provisions of subsections (1)
through (4) of this section, the retirement allowance payable
for service where a member was elected or appointed
pursuant to Articles II or III of the Constitution of the state
of Washington or RCW 48.02.010 and the implementing
statutes shall be a combined pension and annuity. Said
retirement allowance shall be equal to three percent of the
average final compensation for each year of such service.
Any member covered by this subsection who upon retirement has served ten or more years shall receive a retirement
allowance of at least one thousand two hundred dollars per
annum; such member who has served fifteen or more years
shall receive a retirement allowance of at least one thousand
eight hundred dollars per annum; and such member who has
served twenty or more years shall receive a retirement
allowance of at least two thousand four hundred dollars per
[Title 41 RCW—page 214]
annum: PROVIDED, That the initial retirement allowance
of a member retiring only under the provisions of this
subsection shall not exceed the average final compensation
upon which the retirement allowance is based. The minimum benefits provided in this subsection shall apply to all
retired members or to the surviving spouse of deceased
members who were elected under the provisions of Article
II of the Washington state Constitution.
(6) Unless payment shall be made under RCW
41.40.270, a joint and one hundred percent survivor benefit
under RCW 41.40.188 shall automatically be given effect as
if selected for the benefit of the surviving spouse upon the
death in service, or while on authorized leave of absence for
a period not to exceed one hundred and twenty days from
the date of payroll separation, of any member who is qualified for a service retirement allowance or has completed ten
years of service at the time of death, except that if the
member is not then qualified for a service retirement
allowance, such option II benefit shall be based upon the
actuarial equivalent of the sum necessary to pay the accrued
regular retirement allowance commencing when the deceased
member would have first qualified for a service retirement
allowance. [1990 c 249 § 8; 1987 c 143 § 3; 1973 1st ex.s.
c 190 § 9; 1972 ex.s. c 151 § 6; 1971 ex.s. c 271 § 5; 1969
c 128 § 8; 1967 c 127 § 7; 1961 c 291 § 6; 1953 c 200 §
11; 1951 c 50 § 5; 1949 c 240 § 14; 1947 c 274 § 20; Rem.
Supp. 1949 § 11072-20.]
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.191 Retirement allowance—Members with
thirty years of service—Irrevocable election. A member
may make the irrevocable election under this section no later
than six months after attaining thirty years of service. The
election shall become effective at the beginning of the
calendar month following department receipt of employee
notification.
(1) The sum of member contributions made for periods
of service after the effective date of the election plus seven
and one-half percent interest shall be paid to the member at
retirement without a reduction in the member’s monthly
retirement benefit as determined under RCW 41.40.185.
(2) Upon retirement, the member’s benefit shall be
calculated using only the compensation earnable credited
prior to the effective date of the member’s election. Calculation of the member’s average final compensation shall
include eligible cash outs of sick and annual leave based on
the member’s salary and leave accumulations at the time of
retirement, except that the amount of a member’s average
final compensation cannot be higher than if the member had
not taken advantage of the election offered under this section.
(3) Members who have already earned thirty years of
service credit prior to July 25, 1999, may participate in the
election by notifying the department in writing of their
intention by December 31, 1999.
(2002 Ed.)
Washington Public Employees’ Retirement System
The department shall continue to collect employer
contributions as required in RCW 41.45.060. [1999 c 362
§ 2.]
41.40.193 Dates upon which retirement allowances
accrue. Retirement allowances paid to members eligible to
retire under the provisions of RCW 41.40.180, 41.40.200,
41.40.210, 41.40.220, 41.40.230, and 41.40.250 shall accrue
from the first day of the calendar month immediately following the calendar month during which the member is separated from service. Retirement allowance paid to members
eligible to retire under any other provisions of *this 1972
amendatory act shall accrue from the first day of a calendar
month but in no event earlier than the first day of the
calendar month immediately following the calendar month
during which the member is separated from service. [1983
c 3 § 94; 1973 1st ex.s. c 190 § 10; 1972 ex.s. c 151 § 7.]
*Reviser’s note: For codification of "this 1972 amendatory act"
[1972 ex.s. c 151], see Codification Tables, Volume 0.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
41.40.197 Retirement allowance—Annual increases—Eligibility. (1) Beginning July 1, 1995, and annually
thereafter, the retirement allowance of a person meeting the
requirements of this section shall be increased by the annual
increase amount.
(2) The following persons shall be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year and has attained at least age sixtysix by July 1st in the calendar year in which the annual
increase is given; or
(b) A beneficiary whose retirement allowance is lower
than the minimum benefit provided under RCW 41.40.1984.
(3) The following persons shall also be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary receiving the minimum benefit on
June 30, 1995, under *RCW 41.40.198; or
(b) A recipient of a survivor benefit on June 30, 1995,
which has been increased by **RCW 41.40.325.
(4) If otherwise eligible, those receiving an annual
adjustment under RCW 41.40.188(1)(c) shall be eligible for
the annual increase adjustment in addition to the benefit that
would have been received absent this section.
(5) Those receiving a benefit under RCW 41.40.220(1),
or a survivor of a disabled member under RCW 41.44.170(5)
shall be eligible for the benefit provided by this section.
(6) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has
a contractual right to receive this postretirement adjustment
not granted prior to that time. [1995 c 345 § 5.]
Reviser’s note: *(1) RCW 41.40.198 was repealed by 1995 c 345 §
11.
**(2) RCW 41.40.325 was repealed by 1995 c 345 § 11.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1971 Definition—"Beneficiary." For the
purposes of RCW 41.40.197, 41.40.1984, and 41.40.1986,
"beneficiary" means a beneficiary under RCW 41.40.010 or
(2002 Ed.)
41.40.191
41.44.030, or both RCW 41.40.010 and 41.44.030. [1995 c
345 § 6.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1984 Minimum retirement allowance—Annual
adjustment—Persons who become beneficiaries after
June 30, 1995. (1) Except as provided in subsections (4)
and (5) of this section, no one who becomes a beneficiary
after June 30, 1995, shall receive a monthly retirement
allowance of less than twenty-four dollars and twenty-two
cents times the number of years of service creditable to the
person whose service is the basis of such retirement allowance.
(2) Where the retirement allowance payable was
adjusted at the time benefit payments to the beneficiary
commenced, the minimum allowance provided in this section
shall be adjusted in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set
forth in subsection (1) of this section shall be adjusted
annually by the annual increase.
(4) Those receiving a benefit under RCW 41.40.220(1)
or under RCW 41.44.170 (3) and (5) shall not be eligible for
the benefit provided by this section.
(5) For persons who served as elected officials and
whose accumulated employee contributions and credited
interest was less than seven hundred fifty dollars at the time
of retirement, the minimum benefit under subsection (1) of
this section shall be ten dollars per month per each year of
creditable service. [1995 c 345 § 7.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1985 Permanent retirement allowance adjustment. The dollar amount of the temporary postretirement
allowance adjustment granted by section 1, chapter 519,
Laws of 1993 shall be provided as a permanent retirement
allowance adjustment as of July 1, 1995. [1994 c 247 § 4.]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Temporary postretirement allowance—1993 c 519: See note
following RCW 41.32.4991.
41.40.1986 Permanent increase for specified beneficiaries age seventy or over. (1) The amount of the July 1,
1993, increase to the retirement allowance of beneficiaries
under this chapter as a result of the temporary adjustment
authorized by section 3, chapter 519, Laws of 1993, shall be
made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under *RCW
41.40.198 who are at least age seventy-nine shall receive on
July 1, 1995, a permanent adjustment of one dollar and
eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject
to subsection (1) of this section and are not receiving a
benefit under *RCW 41.40.198 shall receive the following
permanent adjustment to their retirement allowance on July
1, 1995:
(a) Those who are age seventy, thirty-nine cents per
month per year of service;
(b) Those who are age seventy-one, seventy-nine cents
per month per year of service; and
[Title 41 RCW—page 215]
41.40.1986
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) Those who are at least age seventy-two, one dollar
and eighteen cents per month per year of service. [1995 c
345 § 8.]
*Reviser’s note: RCW 41.40.198 was repealed by 1995 c 345 § 11.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.200 Retirement for disability in line of duty—
Applicability to certain judges. (1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of
a member, or his or her employer, a member who becomes
totally incapacitated for duty as the natural and proximate
result of an accident occurring in the actual performance of
duty or who becomes totally incapacitated for duty and
qualifies to receive benefits under Title 51 RCW as a result
of an occupational disease, as now or hereafter defined in
RCW 51.08.140, while in the service of an employer,
without willful negligence on his or her part, shall be retired
subject to the following conditions:
(a) That the medical adviser, after a medical examination of such member made by or under the direction of the
medical adviser, shall certify in writing that the member is
mentally or physically totally incapacitated for the further
performance of his or her duty and that such member should
be retired;
(b) That the director concurs in the recommendation of
the medical adviser;
(c) That no application shall be valid or a claim thereunder enforceable unless, in the case of an accident, the claim
is filed within two years after the date upon which the injury
occurred or, in the case of an occupational disease, the claim
is filed within two years after the member separated from
service with the employer; and
(d) That the coverage provided for occupational disease
under this section may be restricted in the future by the
legislature for all current and future members.
(2) The retirement for disability of a judge, who is a
member of the retirement system, by the supreme court
under Article IV, section 31 of the Constitution of the state
of Washington (Amendment 71), with the concurrence of the
director, shall be considered a retirement under subsection
(1) of this section. [1991 c 35 § 80; 1986 c 207 § 1; 1982
c 18 § 3; 1955 c 277 § 5; 1951 c 50 § 6; 1949 c 240 § 15;
1947 c 274 § 21; Rem. Supp. 1949 § 11072-21.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.210 Duty disability retirement allowance for
disability after age sixty. Upon retirement for disability, as
provided in RCW 41.40.200, a member who has attained age
sixty, regardless of his creditable service shall receive a
service retirement allowance. [1972 ex.s. c 151 § 8; 1947 c
274 § 22; Rem. Supp. 1947 § 11072-22.]
41.40.220 Allowance on retirement for duty disability—Before sixty. Upon retirement for disability, as provided in RCW 41.40.200, a member who has not attained age
sixty shall receive the following benefits, subject to the
provisions of RCW 41.40.310 and 41.40.320:
(1) A disability retirement pension of two-thirds of his
or her average final compensation to his or her attainment of
age sixty, subject to the provisions of RCW 41.40.310. The
[Title 41 RCW—page 216]
disability retirement pension provided by the employer shall
not exceed forty-two hundred dollars per annum, and
(2) Upon attainment of age sixty, the disabled member
shall receive a service retirement allowance as provided in
RCW 41.40.210. The department shall grant the disabled
member membership service for the period of time prior to
age sixty he or she was out of such service due to disability.
(3) During the period a disabled member is receiving a
disability pension, as provided for in subsection (1) of this
section, his or her contributions to the employees’ savings
fund shall be suspended and his or her balance in the
employees’ savings fund, standing to his or her credit as of
the date his or her disability pension is to begin, shall remain
in the employees’ savings fund. If the disabled member
should die before attaining age sixty, while a disability
beneficiary, upon receipt by the department of proper proof
of death, the member’s accumulated contributions standing
to his or her credit in the employees’ savings fund, shall be
paid to the member’s estate, or such person or persons, trust,
or organization as he or she shall have nominated by written
designation duly executed and filed with the department. If
there is no designated person or persons still living at the
time of the member’s death, the accumulated contributions
standing to the member’s credit in the employees’ savings
fund shall be paid to his or her surviving spouse, or if there
is no surviving spouse, then to the member’s legal representative. [1995 c 144 § 2; 1991 c 35 § 81; 1972 ex.s. c 151
§ 9; 1971 ex.s. c 271 § 8; 1961 c 291 § 7; 1953 c 200 § 12;
1949 c 240 § 16; 1947 c 274 § 23; Rem. Supp. 1949 §
11072-23.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.40.230 Nonduty disability—Applicability to
certain judges. (1) Subject to the provisions of RCW
41.40.310 and 41.40.320, upon application of a member, or
his or her employer, a member who has been an employee
at least five years, and who becomes totally and permanently
incapacitated for duty as the result of causes occurring not
in the performance of his or her duty, may be retired by the
department, subject to the following conditions:
(a) That the medical adviser, after a medical examination of the member made by or under the direction of the
medical adviser, shall certify in writing that the member is
mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent,
and that the member should be retired; and
(b) That the department concurs in the recommendation
of the medical adviser.
(2) The retirement for disability of a judge, who is a
member of the retirement system and who has been an
employee at least five years, by the supreme court under
Article IV, section 31 of the Constitution of the state of
Washington (Amendment 71), with the concurrence of the
department, shall be considered a retirement under subsection (1) of this section. [1991 c 35 § 82; 1982 c 18 § 4;
1969 c 128 § 9; 1951 c 50 § 7; 1949 c 240 § 17; 1947 c 274
§ 24; Rem. Supp. 1949 § 11072-24.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
(2002 Ed.)
Washington Public Employees’ Retirement System
41.40.235 Nonduty disability retirement allowance—Amount—Maximum—Death benefit. (1) Upon
retirement, a member shall receive a nonduty disability
retirement allowance equal to two percent of average final
compensation for each service credit year of service:
PROVIDED, That this allowance shall be reduced by two
percent of itself for each year or fraction thereof that his or
her age is less than fifty-five years: PROVIDED FURTHER, That in no case may the allowance provided by this
section exceed sixty percent of average final compensation.
(2) If the recipient of a retirement allowance under this
section dies before the total of the retirement allowance paid
to the recipient equals the amount of the accumulated
contributions at the date of retirement, then the balance shall
be paid to the member’s estate, or the person or persons,
trust, or organization as the recipient has nominated by
written designation duly executed and filed with the director
or, if there is no designated person or persons still living at
the time of the recipient’s death, then to the surviving spouse
or, if there is neither a designated person or persons still
living at the time of his or her death nor a surviving spouse,
then to his or her legal representative. [1995 c 144 § 3.
Prior: 1991 c 343 § 8; 1991 c 35 § 83; 1986 c 176 § 4;
1972 ex.s. c 151 § 10.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.250 Allowance on retirement for nonduty
disability—Election. An individual who was a member on
February 25, 1972, may upon qualifying pursuant to RCW
41.40.230, make an irrevocable election to receive the
nonduty disability retirement allowance provided in subsections (1) and (2) of this section subject to the provisions of
RCW 41.40.310 and 41.40.320. Upon attaining or becoming
disabled after age sixty the member shall receive a service
retirement allowance as provided for in RCW 41.40.190
except that the annuity portion thereof shall consist of a
continuation of the cash refund annuity previously provided
to him or her. The disability retirement allowance prior to
age sixty shall consist of:
(1) A cash refund annuity which shall be the actuarial
equivalent of the member’s accumulated contributions at the
time of his or her retirement; and
(2) A pension, in addition to the annuity, equal to one
one-hundredth of the member’s average final compensation
for each year of service. If the recipient of a retirement
allowance under this section dies before the total of the
annuity portions of the retirement allowance paid to him or
her equals the amount of his or her accumulated contributions at the date of retirement, then the balance shall be paid
to the member’s estate, or the person or persons, trust, or
organization as he or she shall have nominated by written
designation duly executed and filed with the department, or
if there is no designated person or persons, still living at the
time of his or her death, then to his or her surviving spouse,
or if there is no designated person or persons still living at
the time of his or her death nor a surviving spouse, then to
his or her legal representatives. [1995 c 144 § 4; 1991 c 35
§ 84; 1972 ex.s. c 151 § 11; 1969 c 128 § 10; 1961 c 291 §
(2002 Ed.)
41.40.235
8; 1953 c 200 § 13; 1947 c 274 § 26; Rem. Supp. 1947 §
11072-26.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
Nonduty disability retirement allowance—1972 act: See RCW 41.40.235.
41.40.260 Withdrawal from system—Refund of
contributions—Waiver of allowance, when. Subject to the
provisions of RCW 41.40.280, should a member cease to be
an employee, he or she may request upon a form provided
by the department a refund of all or part of the funds
standing to his or her credit in the employees’ savings fund
and this amount shall be paid to him or her. Withdrawal of
all or part of the funds, other than additional contributions
under RCW 41.40.330(2) by a member who is eligible for a
service retirement allowance in RCW 41.40.180 or a
disability retirement allowance in RCW 41.40.200,
41.40.210, 41.40.220, 41.40.230, or 41.40.250 shall constitute a waiver of any service or disability retirement allowance. [1991 c 35 § 85; 1983 c 3 § 95; 1971 ex.s. c 271 § 9;
1963 c 174 § 12; 1949 c 240 § 18; 1947 c 274 § 27; Rem.
Supp. 1949 § 11072-27.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.40.262 Elected officials—Restoration of withdrawn contributions. Any active member or separated
member who was not eligible to restore contributions under
section 3, chapter 317, Laws of 1986, solely because he or
she was an elected official, other than an elected official
under Articles II or III of the Constitution of the state of
Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June
30, 1994, with interest as determined by the director. [1993
c 506 § 2.]
41.40.270 Death before retirement or within sixty
days following application for disability retirement—
Payment of contributions to nominee, surviving spouse,
or legal representative—Waiver of payment, effect—
Benefits. (1) Except as specified in subsection (4) of this
section, should a member die before the date of retirement
the amount of the accumulated contributions standing to the
member’s credit in the employees’ savings fund, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, at the time of death:
(a) Shall be paid to the member’s estate, or such person
or persons, trust, or organization as the member shall have
nominated by written designation duly executed and filed
with the department; or
(b) If there be no such designated person or persons still
living at the time of the member’s death, or if a member
fails to file a new beneficiary designation subsequent to
marriage, remarriage, dissolution of marriage, divorce, or
reestablishment of membership following termination by
withdrawal or retirement, such accumulated contributions,
less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the
surviving spouse as if in fact such spouse had been nominat[Title 41 RCW—page 217]
41.40.270
Title 41 RCW: Public Employment, Civil Service, and Pensions
ed by written designation as aforesaid, or if there be no such
surviving spouse, then to the member’s legal representatives.
(2) Upon the death in service, or while on authorized
leave of absence for a period not to exceed one hundred and
twenty days from the date of payroll separation, of any
member who is qualified but has not applied for a service
retirement allowance or has completed ten years of service
at the time of death, the designated beneficiary, or the
surviving spouse as provided in subsection (1) of this
section, may elect to waive the payment provided by
subsection (1) of this section. Upon such an election, a joint
and one hundred percent survivor option under RCW
41.40.188, calculated under the retirement allowance described in RCW 41.40.185 or 41.40.190, whichever is
greater, actuarially reduced by the amount of any lump sum
benefit identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670 shall automatically be given effect as
if selected for the benefit of the designated beneficiary. If
the member is not then qualified for a service retirement
allowance, such benefit shall be based upon the actuarial
equivalent of the sum necessary to pay the accrued regular
retirement allowance commencing when the deceased
member would have first qualified for a service retirement
allowance.
(3) Subsection (1) of this section, unless elected, shall
not apply to any member who has applied for service
retirement in RCW 41.40.180, as now or hereafter amended,
and thereafter dies between the date of separation from
service and the member’s effective retirement date, where
the member has selected a survivorship option under RCW
41.40.188. In those cases the beneficiary named in the
member’s final application for service retirement may elect
to receive either a cash refund, less any amount identified as
owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670, or monthly payments according to the option
selected by the member.
(4) If a member dies within sixty days following
application for disability retirement under RCW 41.40.230,
the beneficiary named in the application may elect to receive
the benefit provided by:
(a) This section; or
(b) RCW 41.40.235, according to the option chosen
under RCW 41.40.188 in the disability application. [1997 c
73 § 2; 1996 c 227 § 2; 1995 c 144 § 5; 1991 c 365 § 27;
1990 c 249 § 11; 1979 ex.s. c 249 § 11; 1972 ex.s. c 151 §
12; 1969 c 128 § 11; 1965 c 155 § 5; 1963 c 174 § 13; 1961
c 291 § 9; 1953 c 201 § 1; 1953 c 200 § 14; 1951 c 141 §
1; 1949 c 240 § 19; 1947 c 274 § 28; Rem. Supp. 1949 §
11072-28.]
Effective date—1997 c 73: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.280 Department may withhold refunds of
contributions. The department may, in its discretion,
withhold payment of all or part of a member’s contributions
for not more than six months after a member has ceased to
be an employee. A member who files a request for a refund
[Title 41 RCW—page 218]
and subsequently enters into employment with an employer
prior to the refund being made shall not be eligible for a
refund. For purposes of this section, a written or oral
employment agreement shall be considered entering into
employment. [1994 c 177 § 7; 1991 c 35 § 86; 1973 2nd
ex.s. c 14 § 2; 1947 c 274 § 29; Rem. Supp. 1947 §
11072-29.]
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.300 Benefits offset by workers’ compensation
or similar benefits. Any amounts which may be paid or
payable under the provisions of any workers’ compensation,
or pension, or similar law on account of any disability shall
be offset against and payable in lieu of any benefits payable
from funds provided by the employer under the provisions
of this chapter on account of the same disability. [1987 c
185 § 14; 1949 c 240 § 21; 1947 c 274 § 31; Rem. Supp.
1949 § 11072-31.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
41.40.310 Periodical examination of disability
beneficiaries—Benefits upon resumption of gainful
employment. Once each year during the first five years
following the retirement of a member on a disability pension
or retirement allowance, and at least once in every three year
period thereafter the department may, and upon the
member’s application shall, require any disability beneficiary, who has not attained age sixty years, to undergo a
medical examination; such examination to be made by or
under the direction of the medical adviser at the place of
residence of the beneficiary, or other place mutually agreed
upon. Should any disability beneficiary, who has not
attained age sixty years, refuse to submit to a medical
examination in any period, his or her disability pension or
retirement allowance may be discontinued until his or her
withdrawal of the refusal, and should the refusal continue for
one year, all his or her rights in and to his or her disability
pension, or retirement allowance, may be revoked by the
department. If upon a medical examination of a disability
beneficiary, the medical adviser reports and his or her report
is concurred in by the department, that the disability beneficiary is no longer totally incapacitated for duty as the result
of the injury or illness for which the disability was granted,
or that he or she is engaged in a gainful occupation, his or
her disability pension or retirement allowance shall cease.
If the disability beneficiary resumes a gainful occupation
and his or her compensation is less than his or her compensation earnable at the date of disability, the department shall
continue the disability benefits in an amount which when
added to his or her compensation does not exceed his or her
compensation earnable at the date of separation, but the
disability benefit shall in no event exceed the disability
benefit originally awarded. The compensation earnable at
the date of separation shall be adjusted July 1 of each year
by the ratio of the average consumer price index (Seattle,
Washington area) for urban consumers, compiled by the
United States department of labor, bureau of labor statistics,
for the calendar year prior to the adjustment to the average
consumer price index for the calendar year in which separa(2002 Ed.)
Washington Public Employees’ Retirement System
tion from service occurred but in no event shall the adjustment result in an amount lower than the original compensation earnable at the date of separation. [1991 c 35 § 87;
1984 c 184 § 14; 1965 c 155 § 7; 1963 c 174 § 14; 1955 c
277 § 7; 1951 c 50 § 9; 1949 c 240 § 22; 1947 c 274 § 32;
Rem. Supp. 1949 § 11072-32.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
41.40.320 Disability beneficiary—Restoration to
service. A disability beneficiary who has been or shall be
reinstated to active service shall from the date of restoration
again become a member of the retirement system; and shall
contribute to the retirement system in the same manner as
prior to the disability retirement. Any prior service and
membership service, on the basis of which retirement allowances were computed at the time of retirement, shall be
restored to full force and effect, and, except in the case of
retirement for nonduty disability as provided in RCW
41.40.230, he or she shall be given membership service for
the period of time out of service due to the disability. [1991
c 35 § 88; 1953 c 200 § 16; 1951 c 50 § 10; 1949 c 240 §
23; 1947 c 274 § 33; Rem. Supp. 1949 § 11072-33.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.330 Contributions. (1) Each employee who is
a member of the retirement system shall contribute six
percent of his or her total compensation earnable. Effective
January 1, 1987, however, no contributions are required for
any calendar month in which the member is not granted
service credit. The officer responsible for making up the
payroll shall deduct from the compensation of each member,
on each and every payroll of such member for each and
every payroll period subsequent to the date on which he or
she became a member of the retirement system the contribution as provided by this section.
(2) Any member may, pursuant to regulations formulated from time to time by the department, provide for himself
or herself, by means of an increased rate of contribution to
his or her account in the employees’ savings fund, an increased prospective retirement allowance pursuant to RCW
41.40.190 and 41.40.185.
(3) The officer responsible for making up the payroll
shall deduct from the compensation of each member covered
by the provisions of RCW 41.40.190(5) and 41.40.185(4) on
each and every payroll of such member for each and every
payroll period subsequent to the date on which he or she
thereafter becomes a member of the retirement system, an
amount equal to seven and one-half percent of such
member’s compensation earnable. [1990 c 8 § 4; 1986 c
268 § 3; 1973 1st ex.s. c 190 § 12; 1972 ex.s. c 151 § 13;
1971 ex.s. c 271 § 10; 1969 c 128 § 12; 1953 c 200 § 17;
1951 c 50 § 11; 1949 c 240 § 24; 1947 c 274 § 34; Rem.
Supp. 1949 § 11072-34.]
Findings—1990 c 8: See note following RCW 41.50.065.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
(2002 Ed.)
41.40.310
Members’ retirement contributions—Payment by employer: RCW
41.04.445.
41.40.363 Employer’s contributions—Labor guild,
association or organization. Any labor guild, association,
or organization qualifying as an employer under this chapter
and which is required to make contributions for an elective
official qualifying for membership under RCW
41.40.023(11) shall make contributions as any other employer within this chapter: PROVIDED, That the department
shall cause an actuarial computation to be made of all prior
service liability for which contributions are required from the
employer to be computed on an actual dollar basis, and if
the department determines that the contributions being made
therefor under this chapter are insufficient to defray any cost
to the state, the department shall require additional contributions from the employer in amounts and at times as will
defray all costs to the state, the additional contributions to be
completed within ten years from the date the elective official
is accepted by the department. [1991 c 35 § 91; 1963 c 225
§ 3.]
Intent—1991 c 35: See note following RCW 41.26.005.
"PLAN 2"
41.40.610 Provisions applicable to plan 2. RCW
41.40.620 through 41.40.750 shall apply only to plan 2
members. [2000 c 247 § 201; 1991 c 35 § 97; 1977 ex.s. c
295 § 2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—1977 ex.s. c 295: "Sections
1 through 15 of this 1977 amendatory act shall be added to chapter 41.40
RCW and shall be codified as consecutive sections of the Revised Code of
Washington within such chapter." [1977 ex.s. c 295 § 23.]
Section headings—1977 ex.s. c 295: "Section headings used in this
1977 amendatory act shall not constitute any part of the law." [1977 ex.s.
c 295 § 22.]
41.40.620 Computation of the retirement allowance.
A member of the retirement system shall receive a retirement allowance equal to two percent of such member’s
average final compensation for each service credit year of
service. [1991 c 343 § 10; 1977 ex.s. c 295 § 3.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.625 Lump sum retirement allowance—
Reentry—Conditions for reinstatement of service. (1) On
or after June 10, 1982, the director may pay a member
eligible to receive a retirement allowance or the member’s
beneficiary, subject to the provisions of subsection (5) of this
section, a lump sum payment in lieu of a monthly benefit if
the initial monthly benefit computed in accordance with
RCW 41.40.620 would be less than fifty dollars. The lump
sum payment shall be the greater of the actuarial equivalent
of the monthly benefits or an amount equal to the
individual’s accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to the provisions
of subsection (5) of this section, who is receiving a regular
monthly benefit of less than fifty dollars may request, in
[Title 41 RCW—page 219]
41.40.625
Title 41 RCW: Public Employment, Civil Service, and Pensions
writing, to convert from a monthly benefit to a lump sum
payment. If the director approves the conversion, the
calculation of the actuarial equivalent of the total estimated
regular benefit will be computed based on the beneficiary’s
age at the time the benefit initially accrued. The lump sum
payment will be reduced to reflect any payments received on
or after the initial benefit accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status
reinstate all previous service by depositing the lump sum
payment received, with interest as computed by the director,
within two years of returning to service or prior to reretiring, whichever comes first. In computing the amount
due, the director shall exclude the accumulated value of the
normal payments the member would have received while in
beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service
retirement allowance under RCW 41.40.620 or an earned
disability allowance under RCW 41.40.670 qualify for
participation under this section.
(6) It is the intent of the legislature that any member
who receives a settlement under this section shall be deemed
to be retired from this system. [1994 c 197 § 27; 1991 c 35
§ 98; 1982 c 144 § 3.]
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.600.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.630 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service
credit years who has attained at least age sixty-five shall be
eligible to retire and to receive a retirement allowance
computed according to the provisions of RCW 41.40.620.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.40.620, except that a member retiring
pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of
age sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least thirty service credit
years and has attained age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.40.620, except that a member
retiring pursuant to this subsection shall have the retirement
allowance reduced by three percent per year to reflect the
difference in the number of years between age at retirement
and the attainment of age sixty-five. [2000 c 247 § 901;
1991 c 343 § 11; 1977 ex.s. c 295 § 4.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
[Title 41 RCW—page 220]
41.40.640 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual
adjustment to the original retirement allowance and shall be
applied beginning with the July payment. In no event,
however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 295 § 5.]
41.40.660 Options for payment of retirement
allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for
service as prescribed in RCW 41.40.630 or retirement for
disability under RCW 41.40.670, a member shall elect to
have the retirement allowance paid pursuant to one of the
following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. However, if the retiree dies before the total
of the retirement allowance paid to such retiree equals the
amount of such retiree’s accumulated contributions at the
time of retirement, then the balance shall be paid to the
member’s estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there
be no such designated person or persons still living at the
time of the retiree’s death, then to the surviving spouse; or
if there be neither such designated person or persons still
living at the time of death nor a surviving spouse, then to the
retiree’s legal representative.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a person nominated by the member by
(2002 Ed.)
Washington Public Employees’ Retirement System
written designation duly executed and filed with the department at the time of retirement. The options adopted by the
department shall include, but are not limited to, a joint and
one hundred percent survivor option and a joint and fifty
percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent
survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as
of July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the
percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the
following:
(i) One hundred percent multiplied by the result of
(c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date
of the designated beneficiary’s death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(2002 Ed.)
41.40.660
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.720 and the member’s
divorcing spouse be divided into two separate benefits
payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age
provided in RCW 41.40.630(1) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (4) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 13; 2000 c 186 § 8; 1998 c 340 § 9; 1996 c 175 §
7; 1995 c 144 § 6; 1990 c 249 § 10; 1977 ex.s. c 295 § 7.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
[Title 41 RCW—page 221]
41.40.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.40.670 Earned disability allowance—
Applicability to certain judges—Disposition upon death
of recipient. (1) A member of the retirement system who
becomes totally incapacitated for continued employment by
an employer as determined by the department upon recommendation of the department shall be eligible to receive an
allowance under the provisions of RCW 41.40.610 through
41.40.740. The member shall receive a monthly disability
allowance computed as provided for in RCW 41.40.620 and
shall have this allowance actuarially reduced to reflect the
difference in the number of years between age at disability
and the attainment of age sixty-five.
Any member who receives an allowance under the
provisions of this section shall be subject to comprehensive
medical examinations as required by the department. If
these medical examinations reveal that a member has
recovered from the incapacitating disability and the member
is offered reemployment by an employer at a comparable
compensation, the member shall cease to be eligible for the
allowance.
(2) The retirement for disability of a judge, who is a
member of the retirement system, by the supreme court
under Article IV, section 31 of the Constitution of the state
of Washington (Amendment 71), with the concurrence of the
department, shall be considered a retirement under subsection (1) of this section.
(3)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the
accumulated contributions at the date of retirement, then the
balance shall be paid to the member’s estate, or the person
or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the
director, or, if there is no designated person or persons still
living at the time of the recipient’s death, then to the
surviving spouse, or, if there is no designated person or
persons still living at the time of his or her death nor a
surviving spouse, then to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient
equaled the amount of his or her accumulated contributions
at the date of retirement, then the department shall pay the
balance of the accumulated contributions to the member’s
surviving spouse or, if there is no surviving spouse, then in
equal shares to the member’s children. If there is no
surviving spouse or children, the department shall retain the
contributions. [1995 c 144 § 7; 1991 c 35 § 99; 1990 c 249
§ 21; 1989 c 191 § 3; 1982 c 18 § 5; 1977 ex.s. c 295 § 8.]
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.680 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.40.630, 41.40.670, or 41.40.700 shall be eligible to
commence receiving a retirement allowance after having
filed written application with the department.
[Title 41 RCW—page 222]
(1) Retirement allowances paid to members under the
provisions of RCW 41.40.630 shall accrue from the first day
of the calendar month immediately following such member’s
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance
pursuant to RCW 41.40.630, shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.40.670 shall accrue from
the first day of the calendar month immediately following
such member’s separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.40.700 shall accrue from the first
day of the calendar month immediately following the
member’s death. [1977 ex.s. c 295 § 9.]
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.690 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (1) Except
as provided in RCW 41.40.037, no retiree under the provisions of plan 2 shall be eligible to receive such retiree’s
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010, or
41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030, except that a retiree who ends
his or her membership in the retirement system pursuant to
RCW 41.40.023(3)(b) is not subject to this section if the
retiree’s only employment is as an elective official of a city
or town.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her
benefits to be suspended. Upon reinstatement, the retiree’s
benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(3) The department shall adopt rules implementing this
section. [1998 c 341 § 606; 1997 c 254 § 13; 1990 c 274 §
11; 1988 c 109 § 11; 1987 c 379 § 2; 1977 ex.s. c 295 §
10.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Application—Reservation—1991 c 35; 1990 c 274 §§ 11, 12, 14,
and 15: "Beginning on June 7, 1990, the 1990 amendments to RCW
41.40.690, 41.26.500, 41.32.800, and 2.10.155 regarding postretirement
employment are available prospectively to all members of the retirement
systems defined in RCW 2.10.040, 41.26.005(2), 41.32.005(2), and
41.40.005(2), regardless of the member’s date of retirement. The legislature
reserves the right to revoke or amend the 1990 amendments to RCW
41.40.690, 41.26.500, 41.32.800, and 2.10.155. The 1990 amendments to
RCW 41.40.690, 41.26.500, 41.32.800, and 2.10.155 do not grant a
contractual right to the members or retirees of the affected systems." [1991
c 35 § 11; 1990 c 274 § 19.]
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
(2002 Ed.)
Washington Public Employees’ Retirement System
41.40.700 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount
of the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid to the
member’s estate, or such person or persons, trust, or organization as the member shall have nominated by written
designation duly executed and filed with the department. If
there be no such designated person or persons still living at
the time of the member’s death, such member’s accumulated
contributions standing to such member’s credit in the
retirement system, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid to the member’s surviving spouse as if in fact such
spouse had been nominated by written designation, or if
there be no such surviving spouse, then to such member’s
legal representatives.
(2) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies,
the surviving spouse or eligible child or children shall elect
to receive either:
(a) A retirement allowance computed as provided for in
RCW 41.40.630, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.40.660 and if the member was not eligible for
normal retirement at the date of death a further reduction as
described in RCW 41.40.630; if a surviving spouse who is
receiving a retirement allowance dies leaving a child or
children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an
amount equal to that which was being received by the
surviving spouse, share and share alike, until such child or
children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the
member’s death, such member’s child or children under the
age of majority shall receive an allowance share and share
alike calculated as herein provided making the assumption
that the ages of the spouse and member were equal at the
time of the member’s death; or
(b) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies
after October 1, 1977, and is not survived by a spouse or an
eligible child, then the accumulated contributions standing to
the member’s credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(2002 Ed.)
41.40.700
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the
member’s legal representatives. [2000 c 247 § 1004; 1995
c 144 § 8; 1993 c 236 § 5; 1991 c 365 § 28; 1990 c 249 §
18; 1977 ex.s. c 295 § 11.]
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.710 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member’s employer shall continue
to receive service credit as provided for under the provisions
of RCW 41.40.610 through 41.40.740.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes both the plan 2 employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to
retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member’s compensation
earnable at both the time the authorized leave of absence
was granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the
federal uniformed services employment and reemployment
rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member’s honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
[Title 41 RCW—page 223]
41.40.710
Title 41 RCW: Public Employment, Civil Service, and Pensions
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under RCW 41.45.061 and 41.45.067 within five
years of resumption of service or prior to retirement,
whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption
of service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii)
of this subsection, the department shall establish the
member’s service credit and shall bill the employer for its
contribution required under RCW 41.45.060, 41.45.061, and
41.45.067 for the period of military service, plus interest as
determined by the department.
(c) The contributions required under (a)(ii) of this
subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be
estimated with reasonable certainty, the compensation
reported for the member in the year prior to when the
member went on military leave. [2000 c 247 § 1106; 1996
c 61 § 4; 1994 c 197 § 28; 1993 c 95 § 2; 1992 c 119 § 3;
1991 c 35 § 100; 1977 ex.s. c 295 § 12.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes
following RCW 41.40.175.
Retroactive application—1992 c 119: See note following RCW
41.26.520.
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.720 Vested membership. A member who
separates or has separated after having completed at least
five years of service may remain a member during the
period of such member’s absence from service for the
exclusive purpose only of receiving a retirement allowance
under the provisions of RCW 41.40.630 if such member
maintains the member’s accumulated contributions intact.
[1977 ex.s. c 295 § 13.]
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.730 Refund of contributions. A member who
ceases to be an employee of an employer except by service
or disability retirement may request a refund of the
member’s accumulated contributions. The refund shall be
made within ninety days following the receipt of the request
and notification of termination through the contribution
reporting system by the employer; except that in the case of
death, an initial payment shall be made within thirty days of
receipt of request for such payment and notification of
termination through the contribution reporting system by the
employer. A member who files a request for refund and
subsequently enters into employment with another employer
prior to the refund being made shall not be eligible for a
refund. The refund of accumulated contributions shall
terminate all rights to benefits under RCW 41.40.610
through 41.40.740. [1982 1st ex.s. c 52 § 23; 1977 ex.s. c
295 § 14.]
[Title 41 RCW—page 224]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.740 Reentry. (1) A member, who had left
service and withdrawn the member’s accumulated contributions, shall receive service credit for such prior service if the
member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as
determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of
subsection (1) of this section, the member may receive
service credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 29; 1977 ex.s. c 295 § 15.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.748 Commercial vehicle enforcement officers—Limited optional transfer to Washington state
patrol retirement system. (1) Active members of the
Washington state patrol retirement system who have previously established service credit in the public employees’
retirement system plan 2 while employed in the state patrol
as a commercial vehicle enforcement officer, and who
became a commissioned officer after July 1, 2000, and prior
to June 30, 2001, have the following options:
(a) Remain a member of the public employees’ retirement system; or
(b) Transfer service credit earned under the retirement
system as a commercial vehicle enforcement officer to the
Washington state patrol retirement system by making an
irrevocable choice filed in writing with the department of
retirement systems within one year of the department’s
announcement of the ability to make such a transfer.
(2)(a) Any commissioned officer choosing to transfer
under this section shall have transferred from the retirement
system to the Washington state patrol retirement system:
(i) All the employee’s applicable accumulated contributions plus interest, and an equal amount of employer
contributions attributed to such employee; and
(ii) All applicable months of service as a commercial
vehicle enforcement officer credited to the employee under
this chapter as though that service was rendered as a member
of the Washington state patrol retirement system.
(b) For the applicable period of service, the employee
shall pay:
(i) The difference between the contributions the employee paid to the retirement system, and the contributions which
would have been paid by the employee had the employee
been a member of the Washington state patrol retirement
system, plus interest as determined by the director. This
payment shall be made no later than December 31, 2010, or
the date of retirement, whichever comes first;
(ii) The difference between the employer contributions
paid to the public employees’ retirement system, and the
(2002 Ed.)
Washington Public Employees’ Retirement System
employer contributions which would have been payable to
the Washington state patrol retirement system; and
(iii) An amount sufficient to ensure that the funding
status of the Washington state patrol retirement system will
not change due to this transfer.
(c) If the payment required by this subsection is not
paid in full by the deadline, the transferred service credit
shall not be used to determine eligibility for benefits nor to
calculate benefits under the Washington state patrol retirement system. In such case, the additional employee and
employer contributions transferred under this subsection, and
any payments made under this subsection, shall be refunded
to the employee, and the employer shall be entitled to a
credit for the payments made under (a) of this subsection.
(d) An individual who transfers service credit and
contributions under this subsection is permanently excluded
from the public employees’ retirement system for all service
as a commercial vehicle enforcement officer. [2002 c 269
§ 1.]
41.40.750 Transfer of membership and service
credit—Restoration of contributions and service credit.
(1) Effective September 1, 2000, the membership of all plan
2 members currently employed in eligible positions in a
school district or educational service district and all plan 2
service credit for such members, is transferred to the
Washington school employees’ retirement system plan 2.
Plan 2 members who have withdrawn their member contributions for prior plan 2 service may restore contributions and
service credit to the Washington school employees’ retirement system plan 2 as provided under RCW 41.40.740.
(2)(a) The membership and previous service credit of a
plan 2 member not employed in an eligible position on
September 1, 2000, will be transferred to the Washington
school employees’ retirement system plan 2 when he or she
becomes employed in an eligible position. Plan 2 members
not employed in an eligible position on September 1, 2000,
who have withdrawn their member contributions for prior
plan 2 service may restore contributions and service credit to
the Washington school employees’ retirement system plan 2
as provided under RCW 41.40.740.
(b) The membership and previous service credit of a
plan 2 member last employed by a school district or educational service district and retired prior to September 1, 2000,
will be transferred to the Washington school employees’
retirement system plan 2 if the member opts to reestablish
membership.
(3) Members who restore contributions and service
credit under subsection (1) or (2) of this section shall have
their contributions and service credit transferred to the
Washington school employees’ retirement system. [2001
2nd sp.s. c 10 § 13; 1998 c 341 § 113.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Effective date—1998 c 341: See RCW 41.35.901.
"PLAN 3"
41.40.780 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.40.780 through 41.40.850 and
41.40.930 apply only to plan 3 members.
(2002 Ed.)
41.40.748
(2) Plan 3 consists of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [2000 c 247 § 301.]
41.40.785 Membership in plan 2 or plan 3—
Irrevocable choice—Default to plan 3. (1) All employees
who first become employed by an employer in an eligible
position on or after March 1, 2002, for state agencies or
institutes of higher education, or September 1, 2002, for
other employers, shall have a period of ninety days to make
an irrevocable choice to become a member of plan 2 or plan
3. At the end of ninety days, if the member has not made
a choice to become a member of plan 2, he or she becomes
a member of plan 3.
(2) For administrative efficiency, until a member elects
to become a member of plan 3, or becomes a member of
plan 3 by default pursuant to subsection (1) of this section,
the member shall be reported to the department in plan 2,
with member and employer contributions. Upon becoming
a member of plan 3 by election or by default, all service
credit shall be transferred to the member’s plan 3 defined
benefit, and all employee accumulated contributions shall be
transferred to the member’s plan 3 defined contribution
account. [2000 c 247 § 302.]
41.40.790 Computation of retirement allowance. (1)
A member of the retirement system shall receive a retirement allowance equal to one percent of such member’s
average final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.40.820 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [2000 c 247 § 303.]
41.40.795 Transfer period and basis—Additional
transfer payment. (1) As used in this section, unless the
context clearly requires otherwise:
(a) "Transfer period" means the time during which a
member of one of the groups of plan 2 members identified
in subsection (2) of this section may choose to irrevocably
transfer from plan 2 to plan 3.
(b) "Transfer basis" means the accumulated contributions present in a member’s savings fund on March 1, 2002,
less fifty percent of any contributions made pursuant to
RCW 41.50.165(2), which is the basis for calculation of the
plan 2 to plan 3 additional transfer payment.
(c) "Additional transfer payment date" means June 1,
2003, the date of the additional transfer payment made
according to subsection (6) of this section.
(2) Every plan 2 member employed by an employer in
an eligible position has the option during their transfer
period to make an irrevocable transfer to plan 3 according to
the following schedule:
[Title 41 RCW—page 225]
41.40.795
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) For those members employed by state agencies and
institutes of higher education the transfer period means the
period between March 1, 2002, and September 1, 2002.
(b) For those members employed by other organizations
the transfer period means the period between September 1,
2002, and June 1, 2003.
(c) For those members employed by more than one
employer within the retirement system, and whose transfer
period is different between one employer and another, the
member’s transfer period is the last period that is available
from any of that member’s employers within the retirement
system.
(3) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(4)(a) Anyone who first became a state or higher
education member of plan 2 before March 1, 2002, or a local
government member of plan 2 before September 1, 2002,
who wishes to transfer to plan 3 after their transfer period
may transfer during the month of January in any following
year, provided that the member earns service credit for that
month.
(b) Anyone who chose to become a state or higher
education member of plan 2 on or after March 1, 2002, or
a local government member of plan 2 on or after September
1, 2002, is prohibited from transferring to plan 3 under (a)
of this subsection.
(5) The accumulated contributions in plan 2, less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member’s account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant to RCW 41.50.165(2) that are not transferred to the
member’s account shall be transferred to the fund created in
RCW 41.50.075(3), except that interest earned on all such
contributions shall be transferred to the member’s account.
(6) Those members employed by state agencies and
institutions of higher education who request to transfer under
this section during their transfer period and establish service
credit for June 2002, and those members employed by other
organizations and who establish service credit for either June
2002 or February 2003, shall have their member account:
(a) If a member’s transfer period is that described in
subsection (2)(a) of this section, increased by one hundred
ten percent of the transfer basis;
(b) If a member’s transfer period is that described in
subsection (2)(b) of this section, increased by one hundred
eleven percent of the transfer basis; and
(c) Deposited into the member’s individual account on
the additional transfer payment date.
(7) If a member who requests to transfer dies before
June 1, 2003, the additional payment provided by this
section shall be paid to the member’s estate, or the person or
persons, trust, or organization the member nominated by
written designation duly executed and filed with the department.
(8) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3.
(9) The legislature reserves the right to discontinue the
right to transfer under this section and to modify and to
discontinue the right to an additional payment under this
[Title 41 RCW—page 226]
section for any plan 2 members who have not previously
transferred to plan 3. [2002 c 159 § 1; 2000 c 247 § 304.]
41.40.801 Application for and effective date of
retirement allowances. Any member or beneficiary eligible
to receive a retirement allowance under the provisions of
RCW 41.40.820, 41.40.825, or 41.40.835 is eligible to
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately
following such member’s separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.40.068 shall accrue from the first day
of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member’s separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member’s death. [2000 c 247 § 305.]
41.40.805 Leaves of absence—Military service. (1)
A member who is on a paid leave of absence authorized by
a member’s employer shall continue to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
earnable compensation reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section,
a member shall be eligible to receive a maximum of two
years service credit during a member’s entire working career
for those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department;
and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined
contribution portion.
The contributions required shall be based on the average
of the member’s earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
(2002 Ed.)
Washington Public Employees’ Retirement System
years of military service if within ninety days of the
member’s honorable discharge from the United States armed
forces, the member applies for reemployment with the
employer who employed the member immediately prior to
the member entering the United States armed forces. This
subsection shall be administered in a manner consistent with
the requirements of the federal uniformed services employment and reemployment rights act.
The department shall establish the member’s service
credit and shall bill the employer for its contribution required
under RCW 41.45.060 and 41.45.067 for the period of
military service, plus interest as determined by the department. Service credit under this subsection may be
obtained only if the member makes the employee contribution to the defined contribution portion as determined by the
department.
The contributions required shall be based on the
compensation the member would have earned if not on
leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year
prior to when the member went on military leave. [2000 c
247 § 306.]
41.40.811 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the employee to purchase plan 3 service credit shall be allocated to the
defined benefit portion of plan 3 and shall not be refundable
when paid to the fund described in RCW 41.50.075(3).
Contributions on behalf of the employee shall be allocated
to the member account. If the member fails to meet the
statutory time limitations to purchase plan 3 service credit,
it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member’s account.
(2) No purchased plan 3 membership service may be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the
member, the department shall bill the employer for any
contributions, plus interest, required to purchase membership
service. [2000 c 247 § 307.]
41.40.815 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member’s beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred
dollar limit shall be increased annually as determined by the
director. The lump sum payment shall be the actuarial
equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status
reinstate all previous service by depositing the lump sum
payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the
normal payments the member would have received while in
beneficiary status if the lump sum payment had not occurred.
41.40.805
(3) Any member who receives a settlement under this
section is deemed to be retired from this system. [2000 c
247 § 308.]
41.40.820 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age fifty-four; or
(c) Completed five service credit years by the transfer
payment date specified in RCW 41.40.795, under the public
employees’ retirement system plan 2 and who transferred to
plan 3 under RCW 41.40.795;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.40.790.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.40.790, except that a member retiring pursuant
to this subsection shall have the retirement allowance
actuarially reduced to reflect the difference in the number of
years between age at retirement and the attainment of age
sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any
member who has completed at least thirty service credit
years and has attained age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.40.790, except that a member
retiring pursuant to this subsection shall have the retirement
allowance reduced by three percent per year to reflect the
difference in the number of years between age at retirement
and the attainment of age sixty-five. [2000 c 247 § 309.]
41.40.825 Disability allowance—Death of recipient.
(1) A member of the retirement system who becomes totally
incapacitated for continued employment by an employer as
determined by the department shall be eligible to receive an
allowance under the provisions of plan 3. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.40.790 and shall have this allowance
actuarially reduced to reflect the difference in the number of
years between age at disability and the attainment of age
sixty-five.
Any member who receives an allowance under the
provisions of this section shall be subject to comprehensive
medical examinations as required by the department. If
these medical examinations reveal that a member has
recovered from the incapacitating disability and the member
is offered reemployment by an employer at a comparable
compensation, the member shall cease to be eligible for the
allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.40.845. [2000 c 247 § 310.]
41.40.830 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects
(2002 Ed.)
[Title 41 RCW—page 227]
41.40.830
Title 41 RCW: Public Employment, Civil Service, and Pensions
to transfer to plan 3 and has eligible unrestored withdrawn
contributions in plan 2, may restore such contributions under
the provisions of RCW 41.40.740 with interest as determined
by the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW
41.40.740, they may restore such contributions under the
provisions of RCW 41.50.165(2). The restored plan 2
service credit will be automatically transferred to plan 3.
One-half of the restoration payments under RCW
41.50.165(2) plus interest shall be allocated to the member’s
account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.40.740.
Purchased plan 2 service credit will be automatically
transferred to plan 3. Contributions on behalf of the
employer paid by the employee shall be allocated to the
defined benefit portion of plan 3 and shall not be refundable
when paid to the fund described in RCW 41.50.075(3).
Contributions on behalf of the employee shall be allocated
to the member account. If the member fails to meet the time
limitations of RCW 41.40.740, they may subsequently
restore such contributions under the provisions of RCW
41.50.165(2). Purchased plan 2 service credit will be
automatically transferred to plan 3. One-half of the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member’s account. [2000 c 247 § 311.]
41.40.835 Death benefits. If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided
in RCW 41.40.790 actuarially reduced to reflect a joint and
one hundred percent survivor option and if the member was
not eligible for normal retirement at the date of death a
further reduction as described in RCW 41.40.820.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member’s death, such member’s
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be
calculated with the assumption that the age of the spouse and
member were equal at the time of the member’s death.
[2000 c 247 § 312.]
41.40.840 Postretirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
[Title 41 RCW—page 228]
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual
adjustment to the original retirement allowance and shall be
applied beginning with the July payment. In no event,
however, shall the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year’s annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [2000 c 247 § 313.]
41.40.845 Options for payment of retirement
allowances—Court-approved property settlement. (1)
Upon retirement for service as prescribed in RCW 41.40.820
or retirement for disability under RCW 41.40.825, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be
actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member’s life. Upon the death of the member, the
member’s benefits shall cease.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a person nominated by the member by
written designation duly executed and filed with the department at the time of retirement. The options adopted by the
department shall include, but are not limited to, a joint and
one hundred percent survivor option and a joint and fifty
percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member’s
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent
survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(2002 Ed.)
Washington Public Employees’ Retirement System
(3) The department shall adopt rules that allow a
member additional actuarially equivalent survivor benefit
options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
under this section and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as
a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(4) No later than July 1, 2002, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
under this section and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as
a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.820(1) and the
member’s divorcing spouse be divided into two separate
benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
(2002 Ed.)
41.40.845
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age
provided in RCW 41.40.820(1) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (4) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 14; 2000 c 247 § 314.]
41.40.850 Suspension of retirement allowance upon
reemployment—Exception—Reinstatement. (1) Except as
provided in RCW 41.40.037, no retiree under the provisions
of plan 3 shall be eligible to receive such retiree’s monthly
retirement allowance if he or she is employed in an eligible
position as defined in RCW 41.40.010, 41.32.010, or
41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030, except that a retiree who ends
his or her membership in the retirement system pursuant to
RCW 41.40.023(3)(b) is not subject to this section if the
retiree’s only employment is as an elective official of a city
or town.
(2) If a retiree’s benefits have been suspended under this
section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her
benefits to be suspended. Upon reinstatement, the retiree’s
benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(3) The department shall adopt rules implementing this
section. [2000 c 247 § 315.]
41.40.900 Severability—1977 ex.s. c 295. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 295 § 24.]
41.40.920 Effective date—1977 ex.s. c 295. This
1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect October 1, 1977. [1977 ex.s. c 295 § 25.]
41.40.930 Benefits not contractual right until March
1, 2002. The benefits provided pursuant to chapter 247,
[Title 41 RCW—page 229]
41.40.930
Title 41 RCW: Public Employment, Civil Service, and Pensions
Laws of 2000 are not provided to employees as a matter of
contractual right prior to March 1, 2002. The legislature
retains the right to alter or abolish these benefits at any time
prior to March 1, 2002. [2000 c 247 § 316.]
41.40.931 Effective dates—2000 c 247. (1) Except
for sections 408 and 901 through 906 of this act, this act
takes effect March 1, 2002.
(2) Section 408 of this act takes effect January 1, 2004.
(3) Sections 901 through 906 of this act take effect
September 1, 2000. [2000 c 247 § 1201.]
41.40.932 Subchapter headings not law—2000 c
247. Subchapter headings in this act are not any part of the
law. [2000 c 247 § 1202.]
Chapter 41.41
STATE EMPLOYEES’ RETIREMENT—FEDERAL
SOCIAL SECURITY
Sections
41.41.010
41.41.020
41.41.030
41.41.900
Plan for covering members under OASI approved.
Terms and provisions of plan.
Effective date for coverage of members.
Severability—1957 c 222.
41.41.010 Plan for covering members under OASI
approved. The plan for covering the state employee
members of the state employees’ retirement system under the
old age and survivorship provisions of Title II of the federal
social security act as amended, required by RCW 41.48.050
as amended by section 5, chapter 4, Laws of the extraordinary session of 1955, approved by the state employees’
retirement board of the state employees’ retirement system
on the 1st day of August, 1955, and approved by the
governor of the state of Washington on the 16th day of
August, 1955, is hereby approved. [1957 c 222 § 1.]
41.41.020 Terms and provisions of plan. The terms
and provisions of the plan are as follows:
(1) Each political subdivision of the state employing
members of the state employees’ retirement system, and such
employees, after approval of this plan by its governing body
as provided in RCW 41.48.030(4)(f) and after approval by
its eligible employees through referendum as provided in
RCW 41.48.030 (3) and (4), and the state itself as such a
subdivision, and its employees, after approval of this plan by
the legislature as provided in RCW 41.48.050(d) and RCW
41.48.030(4)(f) and after approval by its eligible employees
through referendum as provided in RCW 41.48.030 (3) and
(4), shall be deemed to have accepted and agreed to be
bound by the following terms and conditions in consideration
of extension of the existing agreement between the secretary
of health, education and welfare and the governor to make
the protection of the federal old age and survivors insurance
program available and applicable to such employees.
(2) As used in this plan the terms quoted below shall
have the meanings assigned thereto in this subsection.
"Political subdivision" means any political subdivision,
or instrumentality of one or more such subdivisions, or
proprietary enterprise acquired, purchased or originated by
[Title 41 RCW—page 230]
one or more such subdivisions after December, 1950, which
employs members of the state employees’ retirement system.
The state, its agencies, instrumentalities and institutions of
higher learning shall be grouped and considered as a single
political subdivision.
"Employee" means any person who is a member of the
state employees’ retirement system and is employed by a
political subdivision, except persons serving in policeman’s
or fireman’s positions and officials compensated on a fee
basis.
"Wages" shall have the meaning given in RCW
41.48.020(1) and section 209 of the social security act (42
U.S.C.A. Sec. 409); and refers to the first four thousand two
hundred dollars paid to any employee in any calendar year.
"State", where not otherwise clearly indicated by the
context, means the commissioner of employment security or
other officer designated by the governor to administer the
plan at the state level for all participating political subdivisions.
(3) The terms and conditions of this plan are intended
and shall be construed to be in conformity with the requirements of the federal social security act as amended and with
the requirements of chapter 41.48 RCW, and particularly
RCW 41.48.050, as amended by chapter 4, Laws of the
extraordinary session of 1955.
(4) The rights and benefits accruing to employees from
membership in the state employees’ retirement system shall
in no way be altered or impaired by this plan or by the
additional and supplementary OASI coverage which such
employees may receive hereunder. Nothing herein shall be
construed to alter in any way the obligations of any political
subdivision or its employees to the retirement system.
(5) There shall be no additional cost to or involvement
of the state with respect to OASI coverage for state employee members of the state employees’ retirement system until
this plan has been approved by the legislature.
(6) OASI coverage shall be applicable to all services
performed by its employees for a political subdivision which
has approved this plan.
(7) Each employee to whom OASI coverage is made
applicable under this plan pursuant to an extension or
modification under RCW 41.48.030 of the existing agreement between the secretary of health, education and welfare
and the governor shall be required to pay into the *OASI
contribution fund established by RCW 41.48.060 during the
period of such coverage contributions with respect to his
wages in an amount equal to the employee tax imposed by
the federal insurance contributions act (section 3101, Internal
Revenue Code of 1954), in consideration of the employee’s
retention in service by the political subdivision. The
subdivision shall withhold such contributions from the wages
paid to the employee; and shall remit the contributions so
withheld in each calendar quarter to the state for deposit in
the *contribution fund not later than the twentieth calendar
day of the month following that quarter.
(8) Each political subdivision shall pay into the *contribution fund with respect to the wages of its employees
during the period of their OASI coverage pursuant to this
plan contributions in an amount equal to the employer tax
imposed by the federal insurance contributions act (section
3111, Internal Revenue Code of 1954), from the fund of the
subdivision from which such employees’ wages are paid.
(2002 Ed.)
State Employees’ Retirement—Federal Social Security
The subdivision shall remit such contributions to the state for
deposit in the *contribution fund on a quarterly basis, not
later than the twentieth calendar day of the month following
each calendar quarter.
(9) If any political subdivision other than that comprising the state, its agencies, instrumentalities and institutions
of higher learning fails to remit as provided herein employer
contributions or employee contributions, or any part of
either, such delinquent contributions may be recovered with
interest at the rate of six percent per annum by action in a
court of competent jurisdiction against the political subdivision; or such delinquent contributions may at the request of
the governor be deducted from any moneys payable to such
subdivision by the state.
(10) Each political subdivision shall be charged with a
share of the cost of administration of this plan by the state,
to be computed as that proportion of the overall cost of
administration which its total annual contributions bear to the
total annual contributions paid by all subdivisions on behalf
of employees covered by the plan. The state shall compute
the share of cost allocable to each subdivision and bill the
subdivision therefor at the end of each fiscal year. The
subdivision shall within ninety days thereafter remit its share
of the cost to the state for deposit in the general fund of the
state.
(11) Each political subdivision shall submit to the state,
through the employment security department, P.O. Box 367,
Olympia, Washington, or such other officer or agency as the
governor may subsequently designate, on forms furnished by
the state, not later than the twentieth calendar day of the
month following the end of each calendar quarter, the
following information:
A. The social security account number of each employee;
B. the name of each employee;
C. the amount of wages subject to contributions as
required hereunder paid to each employee during the quarter;
D. the total amount of wages subject to contributions
paid to all employees during the quarter;
E. the total amount of employee contributions withheld
and remitted for the quarter; and
F. the total amount of employer contributions paid by
the subdivision for the quarter.
(12) Each political subdivision shall furnish in the same
manner as provided in subsection (11), upon reasonable
notice, such other and further reports or information as the
governor may from time to time require. Each subdivision
shall comply with such requirements as the secretary of
health, education and welfare or the governor may from time
to time establish with respect to any or all of the reports or
information which are or may be provided for under subsection (11) or this subsection in order to assure the correctness
and verification thereof.
(13) The governing body of each political subdivision
shall designate an officer of the subdivision to administer
such accounting, reporting and other functions as will be
required for the effective operation of this plan within the
subdivision, as provided herein. The commissioner of
employment security, or such other officer as the governor
may designate, shall perform or supervise those functions
with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher
(2002 Ed.)
41.41.020
learning; and shall serve as the representative of the participating political subdivisions in the administration of this plan
with the secretary of health, education and welfare.
(14) OASI coverage may be made applicable as provided herein to employees of any political subdivision regardless of the approval or disapproval of this plan by any other
subdivision.
(15) Each political subdivision, with the approval of a
majority of its employees as indicated by vote thereon in
conjunction with the referendum to be held pursuant to RCW
41.48.030 (3) and (4), may designate the first day of any
month beginning with January of 1955 as the effective date
of OASI coverage for such employees; except that after
January 1, 1958, a subdivision may not so designate an
effective date prior to the first day of the current calendar
year.
(16) The governor may terminate the operation of this
plan in its entirety with respect to any political subdivision,
in his discretion, if he finds that the subdivision has failed to
comply substantially with any requirement or provision of
this plan. The plan shall not be so terminated until reasonable notice and opportunity for hearing thereon have been
given to the subdivision under such conditions, consistent
with the provisions of the social security act, as shall have
been established in regulations by the governor. [1957 c 222
§ 2.]
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
41.41.030 Effective date for coverage of members.
The effective date of OASI coverage for state employee
members of the state employees’ retirement system shall be
the 1st day of July, 1957; provided the terms and conditions
set forth in RCW 41.48.030(3) have been fulfilled. [1957 c
222 § 3.]
41.41.900 Severability—1957 c 222. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1957 c 222 § 4.]
Chapter 41.44
STATEWIDE CITY EMPLOYEES’ RETIREMENT
Sections
41.44.010
41.44.020
41.44.030
41.44.040
41.44.050
41.44.060
41.44.070
41.44.080
41.44.090
41.44.100
41.44.105
41.44.110
41.44.120
41.44.130
41.44.140
41.44.150
41.44.160
41.44.170
Title of chapter.
Purpose of chapter.
Terms defined.
System created—Operative date.
Election to participate.
Persons excluded.
Board of trustees.
Powers and duties of board—Compensation—Liability.
Contributions by cities—Withdrawal from system.
Retirement fund—Deposit—Investment—Cost.
Supplemental benefits fund.
Membership.
Prior service credit.
Contributions by employees.
Retirement for service.
Allowance on retirement for service.
Retirement for disability.
Allowance on retirement for disability.
[Title 41 RCW—page 231]
Chapter 41.44
41.44.180
41.44.190
41.44.200
41.44.210
41.44.220
41.44.230
41.44.240
41.44.250
41.44.260
41.44.270
41.44.300
Portability
Title 41 RCW: Public Employment, Civil Service, and Pensions
Examination of disability beneficiary—Reentry.
Withdrawal from system—Reentry—Payment on death of
member.
Withdrawal—Procedure as to city’s contribution.
Benefit on death in line of duty.
Optional allowance on retirement.
Monthly payments.
Rights immune from legal process—Exceptions.
Suspension of retirement allowance.
Merger of existing or new systems into statewide system—
Contract.
Agreements between board and cities which accept social
security act benefits.
System abolished—Date—Transfer of assets, liabilities and
responsibilities.
of public retirement benefits: Chapter 41.54 RCW.
41.44.010 Title of chapter. This chapter shall be
known and may be cited as the "Statewide City Employees’
Retirement System Law". [1947 c 71 § 1; Rem. Supp. 1947
§ 9592-130.]
Severability—1947 c 71: "If any provision of this act, or the
application thereof to any person or circumstance, is held invalid, such
invalidity shall not affect other provisions or applications of the act which
can be given effect without the provision or application so held invalid, and
for such purposes the provisions of this act are declared to be severable."
[1947 c 71 § 26.] This applies to RCW 41.44.010 through 41.44.250.
41.44.020 Purpose of chapter. The purpose of this
chapter is to provide for an actuarially sound system for the
payment of annuities and other benefits to officers and
employees and to beneficiaries of officers and employees of
cities and towns thereby enabling such employees to provide
for themselves and their dependents in case of old age,
disability and death, and effecting economy and efficiency in
the public service by furnishing an orderly means whereby
such employees who have become aged or otherwise
incapacitated may, without hardship or prejudice, be retired
from active service. [1947 c 71 § 2; Rem. Supp. 1947 §
9592-131.]
41.44.030 Terms defined. As used in this chapter,
unless a different meaning is plainly required by the context:
(1) "Retirement system" means the statewide city
employees retirement system provided for herein.
(2) "City" or "cities" includes town or towns.
(3) "Employee" means any appointive officer or
employee and shall include elective officials to the extent
specified herein.
(4) "Member" means any person included in the
membership of the retirement system as provided herein.
(5) "Board" means the "board of trustees" provided for
herein.
(6) "Retirement fund" means "statewide city employees
retirement fund" provided for herein.
(7) "Service" means service rendered to a city for
compensation; and for the purpose of this chapter a member
shall be considered as being in service only while he is
receiving compensation from the city for such service or is
on leave granted for service in the armed forces of the
United States as contemplated in RCW 41.44.120.
(8) "Prior service" means the service of a member for
compensation rendered a city prior to the effective date and
shall include service in the armed forces of the United States
[Title 41 RCW—page 232]
to the extent specified herein and service specified in RCW
41.44.120(5).
(9) "Current service" means service after the employee
has become a member of the system.
(10) "Creditable service" means such service as is
evidenced by the record of normal contributions, plus prior
service as evidenced by prior service certificate.
(11) "Beneficiary" means any person in receipt of a
pension, annuity, retirement allowance, disability allowance,
or any other benefit herein.
(12) "Compensation" means the compensation payable
in cash, plus the monetary value, as determined by the board
of trustees, of any allowance in lieu thereof (but for the
purposes of this chapter such "compensation" shall not
exceed three hundred dollars per month, except as to those
employees of any member city the legislative body of which
shall not later than July 1, 1953, have irrevocably elected by
resolution or ordinance to increase the limitation herein
contained, effective as to all of its employees, from three
hundred dollars to four hundred dollars, commencing on said
date, or which shall so elect prior to January 1st of any succeeding year, effective as of January 1st of any such
succeeding year, and as to such employees shall, commencing on the specified date, not exceed four hundred dollars or
an amount equal to such increased limitation established by
such ordinance or resolution per month): PROVIDED
HOWEVER, That the foregoing limitation shall not apply to
uniformed personnel.
(13) "Compensation earnable" means the full rate of
compensation that would be payable to an employee if he
worked the full normal working time (but for the purposes
of this chapter, such "compensation earnable" shall not
exceed three hundred dollars per month, except as to those
employees of any member city the legislative body of which
shall not later than July 1, 1953, have irrevocably elected by
resolution or ordinance to increase the limitation herein
contained, effective as to all of its employees, from three
hundred dollars to four hundred dollars, commencing on said
date, or which shall so elect prior to January 1st of any
succeeding year, effective as of January 1st of any such
succeeding year, and as to such employees shall, commencing on the specified date, not exceed four hundred dollars or
an amount equal to such increased limitation established by
such ordinance or resolution per month): PROVIDED,
HOWEVER, That the foregoing limitation shall not apply to
uniformed personnel: PROVIDED FURTHER, That after
January 1, 1968 this term shall mean the full rate of compensation payable to an employee if he worked the full
normal working time.
(14) "Final compensation" means the highest average
annual compensation earnable in any five consecutive years
of actual service rendered during the ten years immediately
preceding retirement, or where the employee has less than
five consecutive years of actual service, the earnable
compensation for the last five years preceding his retirement.
(15) "Matching contribution" means the contribution of
the city deposited in an amount equal to the normal contributions of the employee.
(16) "Normal contributions" means the contributions at
the rate provided for in RCW 41.44.130, excluding those
referred to in subsection (6).
(2002 Ed.)
Statewide City Employees’ Retirement
(17) "Released matching contributions" means such
"matching contributions" as are no longer held for the
benefit of the employee.
(18) "Regular interest" means interest compounded
annually at such rate as shall have been adopted by the
board of trustees in accordance with the provisions of this
chapter.
(19) "Accumulated normal contributions" means the sum
of all normal contributions, deducted from the compensation
of a member, standing to the credit of his individual account,
together with regular interest thereon.
(20) "Pension" means payments derived from contributions made by the city as provided herein.
(21) "Annuity" means payments derived from contributions made by a member as provided herein.
(22) "Retirement allowance" means the pension plus
annuity.
(23) "Fiscal year" means any year commencing with
January 1st and ending with December 31st next following.
(24) "Miscellaneous personnel" means officers and
employees other than those in the uniformed police or fire
service: PROVIDED, Those members of the fire department
who are ineligible to the benefits of a firemen’s pension
system established by or pursuant to any other state law, are
also included in the miscellaneous personnel.
(25) "Uniformed personnel" means any employee who
is a policeman in service or who is subject to call to active
service or duty as such.
(26) "Effective date" when used with regard to employees means the date on which any individual or group of
employees became members of any retirement system and
when used with regard to any city or town shall mean the
date on which it became a participant.
(27) "Actuarial equivalent" means a benefit of equal
value when computed at regular interest upon the basis of
such mortality tables as shall be adopted by the board of
trustees.
(28) "Persons having an insurable interest in his life"
means and includes only such persons who, because of
relationship from ties of blood or marriage, have reason to
expect some benefit from the continuation of the life of the
member.
(29) "Additional contributions" means contributions
made pursuant to subsection (6) of RCW 41.44.130.
(30) "Accumulated additional contributions" means the
sum of all "additional contributions" made by a member
standing to the credit of the individual account, together with
regular interest thereon.
(31) "Part time employees" means those employees who,
although regularly and continuously employed, do not
regularly perform their duties the full number of hours
required of other regular employees, including but not
confined to such employees as police judges, city attorneys
and other officers and employees who are also engaged in
outside employment or occupations.
(32) "Excess interest income" means that interest
income earned and received from investments in excess of
the interest income on investments required to meet actuarial
funding requirements. [1967 ex.s. c 28 § 6; 1961 c 227 § 1;
1959 c 70 § 1; 1953 c 228 § 1; 1951 c 275 § 2; 1947 c 71
§ 3; Rem. Supp. 1947 § 9592-132.]
(2002 Ed.)
41.44.030
Purpose—1967 ex.s. c 28: "It is the purpose of this act to provide
amendments to existing legislation relating to the statewide city employees
retirement system to provide for an increase of investment earnings to be
used for costs in purchasing, safekeeping, servicing and handling of
securities, to amend the mandatory retirement age of uniformed personnel
from attained age fifty-five to the minimum age for social security benefits,
to change the time required for vested rights from ten years to five years in
accordance with the recommendation of the federal committee on intergovernmental relations and to help meet competition with private industry by
providing additional fringe benefits or an incentive program for city
employees to attract and retain competent employees in public service."
[1967 ex.s. c 28 § 1.]
Severability—1967 ex.s. c 28: "If any provision of this 1967
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1967 amendatory act, or the application of the
provision to other persons or circumstances is not affected." [1967 ex.s. c
28 § 8.]
41.44.040 System created—Operative date. A
retirement system is hereby authorized for employees of
cities, same to become operative after the requisite city or
cities or combination thereof, have signified their intention
to participate in the retirement system and the board has
been appointed and qualified as herein provided. The board
may begin to function, establish an office, employ an actuary
and such other personnel as necessary and undertake the
work of establishing the retirement system but it shall not be
required to undertake such work unless necessary moneys
are made available through negotiated loans or advances
from cities or otherwise.
Whenever cities have notified the governor of election
to join the retirement system to an extent which would place
three hundred or more employees under the system, the
governor shall appoint board members as provided herein
and the system so created and established shall be forthwith
constituted. The date when the system shall become
operative as to any city shall be fixed by the board. [1947
c 71 § 4; Rem. Supp. 1947 § 9592-133.]
Reviser’s note: Caption for 1947 c 71 § 4 reads as follows: "Sec.
4. AUTHORIZATION AND CREATION."
41.44.050 Election to participate. Any city or town
may elect to participate in the retirement system established
by this chapter: PROVIDED, That a first class city may
establish or maintain any other retirement system authorized
by any other law or its charter. The manner of election to
participate in a retirement system under this chapter shall be
as follows:
(1) The legislative body therein by ordinance making
such election;
(2) Approval by vote of the people of an ordinance
initiated by the voters making such election;
(3) Approval by vote of the people of an ordinance
making such election referended to the people by the
legislative body.
Any ordinance providing for participation therein may
on petition of the voters be referended to the voters for
approval or disapproval.
The referendum or initiative herein provided for shall be
exercised under the law relating to legislative initiative or
referendum of the particular city or town; and if the city or
town be one for which the law does not now provide such
initiative or referendum, it shall be exercised in the manner
provided for legislative initiative and referendum of cities
[Title 41 RCW—page 233]
41.44.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
having a commission form of government under chapter
35.17 RCW, the city or town council performing the duties
and functions under that law devolving on the commission.
A majority vote in the legislative body or by the electorate
shall be sufficient to carry or reject. Whenever any city or
town has elected to join the retirement system proper
authorities in such city [or town] shall immediately file with
the board an application for participation under the conditions included in this chapter on a form approved by the
board. In such application the city or town shall agree to
make the contributions required of participating cities [or
towns] in the manner prescribed herein and shall state which
employee group or groups are to originally have membership
in the system.
In the case of a state association of cities and towns,
election to participate shall be by majority vote of the board
of directors of the association. [1994 c 81 § 76; 1971 ex.s.
c 271 § 13; 1947 c 71 § 5; Rem. Supp. 1947 § 9592-134.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.44.060 Persons excluded. Policemen in first class
cities and all city firemen shall be excluded from the
provisions of this chapter, except those employees of the fire
department who are not eligible to the benefits of any
firemen’s pension system established by or pursuant to state
law, and who shall be included in the miscellaneous personnel. [1951 c 275 § 3; 1947 c 71 § 6; Rem. Supp. 1947 §
9592-135.]
Firemen’s relief and pensions: Chapters 41.16, 41.18 RCW.
Police relief and pensions in first class cities: Chapter 41.20 RCW.
Volunteer fire fighters’ relief and pensions: Chapter 41.24 RCW.
41.44.070 Board of trustees. (1) The board of
trustees shall consist of seven members, one of whom shall
be the state insurance commissioner, ex officio; three
elective city officials eligible to the benefits of the system
who shall be appointed by the governor from a list of six
city officials submitted by the executive committee of the
association of Washington cities as the official representative
of cities and towns in the state. Original terms of office of
the appointees shall be one, two and three years as designated by the governor; thereafter terms shall be for three
years duration. Appointments to fill vacancies other than
those caused by expiration of a term, shall be for the
unexpired term. Appointees shall serve until successors have
been appointed and qualified.
In addition to these four members, there shall be three
city employees who shall be elected by a secret ballot vote
of the city employees who are members of the system. The
method and details of such election shall be determined by
the board of trustees. The first such election shall be held
in June of 1968. The original terms of office for the elected
city employee members shall be one, two and three years as
designated by the board of trustees, and such terms shall
begin July 1, 1968; thereafter terms shall be for three years’
duration. In the case of vacancies of elected city employee
positions the board of trustees shall appoint city employees
to serve for the unexpired terms. Such appointees shall
serve until successors have been elected.
[Title 41 RCW—page 234]
(2) The board shall annually, dating from the first
officially recorded meeting, elect a chairman and secretary.
Four members shall constitute a quorum.
(3) Each member of the board shall take an oath of
office that he will diligently and honestly administer the
affairs of the board, and that he will not knowingly violate
or wilfully permit to be violated any of the provisions of this
chapter. [1967 ex.s. c 28 § 7; 1947 c 71 § 7; Rem. Supp.
1947 § 9592-136.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.080
Powers and duties of board—
Compensation—Liability. The administration of the system
is hereby vested in the board of trustees created in RCW
41.44.070 of this chapter and the board shall:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial valuation purposes;
(2) From time to time, through its actuary, make an
actuarial investigation into the mortality and service experience of the beneficiaries under this chapter and the various
accounts created for the purpose of showing the financial
status of the retirement fund;
(3) Adopt for the retirement system the mortality tables
and such other tables as shall be deemed necessary;
(4) Certify annually the amount of appropriation which
each city shall pay into the retirement fund in the next fiscal
year, at such a time that the local authorities shall have
ample opportunity for including such expense in the budget;
(5) Keep a record of all its proceedings, which shall be
open to inspection by the public;
(6) From time to time adopt such rules and regulations
not inconsistent with this chapter, for the administration of
the provisions of this chapter, for the administration of the
fund created by this chapter and the several accounts thereof,
and for the transaction of the business of the board;
(7) Provide for investment, reinvestment, deposit and
withdrawal of funds;
(8) Prepare and publish annually a financial statement
showing the condition of the fund and the various accounts
thereof, and setting forth such other facts, recommendations
and data as may be of use in the advancement of knowledge
concerning the statewide city employees retirement system,
and furnish a copy thereof to each city which has joined the
retirement system, and to such members as may request
copies thereof;
(9) Serve without compensation but shall be reimbursed
for expense incident to service as individual members
thereof;
(10) Determine equitable amount of administrative
expense and death-in-line-of-duty benefit expense to be
borne by each city;
(11) Make available to any city considering participation
in the system, the services of the actuary employed by the
board for the purpose of ascertaining the probable cost of
such participation. The cost of any such calculation or
valuation shall be paid by the city requesting same to the
retirement system;
(12) Perform such other functions as are required for the
execution of the provisions of this chapter;
(13) No member of the board shall be liable for the
negligence, default or failure of any employee or of any
(2002 Ed.)
Statewide City Employees’ Retirement
other member of the board to perform the duties of his
office and no member of the board shall be considered or
held to be an insurer of the funds or assets of the retirement
system but shall be liable only for his own personal default
or individual failure to perform his duties as such member
and to exercise reasonable diligence to provide for the
safeguarding of the funds and assets of the system.
(14) Fix the amount of interest to be credited at a rate
which shall be based upon the net annual earnings of the
fund for the preceding twelve-month period and from time
to time make any necessary changes in such rate.
(15) Distribute excess interest income to retired members on a cost of living index basis, as published by the
United States department of health, education and welfare,
applied only to the annuity and current service portion of the
retired members’ retirement allowance: PROVIDED, That
such distribution shall not exceed the income earned and
received on open end investments. [1961 c 227 § 2; 1951
c 275 § 4; 1949 c 171 § 1; 1947 c 71 § 8; Rem. Supp. 1949
§ 9592-137.]
41.44.090 Contributions by cities—Withdrawal
from system. (1) There shall be paid into the retirement
fund by contributions of each city the amounts necessary to
pay the following:
(a) Contributions equal to those deposited by employees;
(b) Prior service credits at such rate as may be selected;
(c) That part of a retirement allowance necessary to
raise it to a specified minimum;
(d) An equitable share of the administrative costs, all of
which costs are to be paid by the cities;
(e) An equitable share of the cost of the death-in-theline-of-duty benefit, all of which costs are to be paid by the
cities.
Any city having in its employ ten or more employees
who are members of the system may elect to contribute, in
lieu of its contributions set forth in item (a) above, an
amount estimated actuarially necessary to match at retirement the accumulated normal contributions of those of its
members who will ultimately retire for service or disability;
provided that such election shall be made by resolution or
ordinance of the legislative body of such city and, in order
to become effective for the remainder of the year 1953, shall
be made on or before July 1, 1953, and thereafter any
election so made shall be made prior to January 1, 1954, to
become then effective or prior to January 1st of any succeeding year to become effective on January 1st of such succeeding year.
Any city may, with the approval of the board, further
elect to contribute in lieu of its contributions set forth in
items (b) and (c) above, an amount estimated actuarially,
necessary to amortize over a period of not to exceed thirty
years, all liabilities on account of the participation of such a
city, which are not covered by the contributions of its
employees, its funds on hand and its contributions provided
for in item (a) above or the contributions elected to be made
in lieu thereof in cases where such city shall have elected to
make said contribution in lieu of the contributions required
in said item (a); provided that such election shall be made by
resolution or ordinance of the legislative body of such city
and, in order to become effective for the remainder of the
(2002 Ed.)
41.44.080
year 1953, shall be made on or before July 1, 1953, and
thereafter any election so made shall be made prior to
January 1, 1954, to become then effective or prior to January
1st of any succeeding year to become effective on January
1st of such succeeding year.
In the event that any city shall be making either of the
lieu contributions as hereinabove set forth, the resulting
contributions shall be adjusted to conform with facts and
conditions disclosed by each succeeding actuarial valuation.
(2) Payment of the obligation set forth in subsection (1)
of this section may be made in advance or may be paid
currently as contributions are received from employees and
pensions are paid to retired members: PROVIDED, That the
share of administrative expense and expense of the death-inthe-line-of-duty benefits shall be paid as soon as funds are
available to make such payment and the board shall have the
right to require any city that has withdrawn from the system,
to annually, at the beginning of each calendar year, deposit
and pay in cash an amount estimated by the board to be
sufficient to meet the obligation of such city for the ensuing
year to those of its members receiving a retirement allowance. From time to time each city may apply reserves in
payment of the obligations set forth above as contemplated
in RCW 41.44.200.
(3) The board shall furnish each city with an estimate of
the amount necessary to pay the obligations of the city in the
ensuing fiscal year and the city shall provide therefor in its
budget. The board shall cause to be kept an account with
each city, crediting the account with such advances and
payments as are made by the city and debiting the account
with such charges as properly accrue against the city. The
board shall furnish each city with a monthly statement of the
amount of matching contributions, prior service charges and
charges for minimum retirement allowances properly
accruing by reason of payment of retirement allowances and
deposit of contributions of members.
(4) Notwithstanding anything to the contrary, the
retirement system shall not be liable for the payment of any
retirement allowances or other benefits on account of the
employees or retired members of any city under this chapter,
for which reserves or guarantees have not been properly set
up by such city or its employees to pay such retirement
allowances or other benefits: PROVIDED, That nothing
herein contained shall be so construed to prevent the
establishment of a reserve account for annuities and pensions
in which shall be placed at the time of retirement of any
member the balances of the retiring member’s contribution
and the city’s matching funds for such member and from
which account all annuities and current service pensions
shall be paid.
(5) Any city may, by majority vote of its electors,
withdraw from participation in the retirement system two
years after giving written notice to the board of such action
by the electorate. It is hereby specifically provided, however, that the city’s obligation to those members receiving or
eligible to a retirement allowance prior to such termination
of participation shall continue in full force and effect as
provided in this chapter. Members not receiving or being
eligible to a retirement allowance at time of such termination
shall be paid their accumulated contributions on demand.
Should it develop that any such city is entitled to a refund
such refund shall be made within one year following demand
[Title 41 RCW—page 235]
41.44.090
Title 41 RCW: Public Employment, Civil Service, and Pensions
of city entitled thereto. [1953 c 228 § 2; 1951 c 275 § 5;
1949 c 171 § 2; 1947 c 71 § 9; Rem. Supp. 1949 § 9592138.]
41.44.100 Retirement fund—Deposit—Investment—
Cost. (1) A fund is hereby created and established to be
known as the "statewide city employees retirement fund,"
and shall consist of all moneys paid into it in accordance
with the provisions of this chapter, whether such moneys
shall take the form of cash, securities, or other assets:
PROVIDED, That such assets shall be public funds to the
extent necessary to authorize any bank to deposit such
collateral security necessary and required under the laws of
the state to secure the deposit of public funds belonging to
a city.
(2) The board of trustees shall be the custodian of the
retirement fund and shall arrange for the safekeeping thereof.
Subject to such provisions as may be prescribed by law for
the deposit of city funds in banks, cash belonging to the
retirement fund may be deposited in any licensed national
bank or banks in the state, or in any bank, banks or corporations authorized or licensed to do a banking business and
organized under the laws of the state of Washington; and
may be withdrawn on order of the board for the purpose of
making such payments as are authorized and required by this
chapter.
(3) The board may invest pension fund moneys in such
securities of the United States, states, Dominion of Canada,
public housing authorities, municipal corporations and other
public bodies, as are designated by the laws of the state as
lawful investments for the funds of mutual savings banks,
and to invest not to exceed twenty-five percent of the
system’s total investments in the securities of any corporations or public utility bodies as are designated by the laws of
the state as lawful investments for the funds of mutual
savings banks: PROVIDED, That not more than five
percent of the system’s total investments may be made in the
securities of any one of such corporations or public utility
bodies.
(4) Subject to the limitations hereinafter provided,
investment of pension funds may also be made in amounts
not to exceed twenty-five percent of the system’s total investments in the shares of certain open-end investment
companies: PROVIDED, That not more than five percent of
the system’s total investments may be made in the shares of
any one such open-end investment company. The total
amount invested in any one company shall not exceed five
percent of the assets of such company, and shall only be
made in the shares of such companies as are registered as
"open-end companies" under the federal investment company
act of 1940, as amended. Such company must be at least ten
years old and have net assets of at least five million dollars.
It must have no outstanding bonds, debentures, notes, or
other evidences of indebtedness, or any stock having priority
over the shares being purchased, either as to distribution of
assets or payment of dividends. It must have paid dividends
from investment income in each of the ten years next
preceding purchase. The maximum selling commission on
its shares may not exceed seven and one-half percent of the
sum of the asset value plus such commission.
[Title 41 RCW—page 236]
(5) Investment of pension funds may also be made in
the bonds of any municipal corporation or other public body
of the state; and in any of the bonds or warrants, including
local improvement bonds or warrants within the protection
of the local improvement guaranty fund law, issued by any
city or town which is a member of the system. Investment
of pension funds may also be made in the bonds or other
obligations of any other state or territory of the United States
or of any political subdivision, agency or instrumentality of
any such state, territory, or political subdivision thereof.
Investment of pension funds may also be made in bonds
or other obligations insured or guaranteed or which are
covered by a repurchase agreement in whole or in part by
the federal government or through any corporation, administrator, agency or instrumentality which is or hereafter may
be created by the federal government.
(6) In order to provide for an equitable apportionment
of the cost of the making and handling of the system’s
investments, the board may charge against the annual
earnings from the system’s investments, including income
from the same and gains realized from the purchase and sale
of its securities, a portion of such earnings computed on the
book value of the investments held by the system at the end
of its fiscal year, for the purpose of paying the cost of
purchasing, safekeeping, servicing and handling its securities:
PROVIDED, That such portion shall not exceed one-half of
one percent of such value and shall not exceed the net gain
from the operations for the year: PROVIDED FURTHER,
That such charge shall not be considered as an administrative
expense payable solely by the cities. [1967 ex.s. c 28 § 3;
1965 ex.s. c 99 § 1; 1957 c 158 § 1; 1953 c 228 § 3; 1951
c 275 § 6; 1949 c 171 § 3; 1947 c 71 § 10; Rem. Supp.
1949 § 9592-139.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.105 Supplemental benefits fund. (1) The
board of trustees shall establish, in addition to the several
benefits provided for, an additional and separate fund to be
known as the "supplemental benefits fund" to provide for the
payment of supplemental benefits, as hereinafter provided for
employees of municipalities electing to participate in said
fund.
(2) Any municipality which has elected to participate in
this retirement system may elect to have the employees of
the municipality participate in and be covered by the
supplemental benefits fund. Such election is authorized to
be made in any manner authorized by RCW 41.44.050, as
now or hereafter amended, as it relates to participation in the
system.
(3) A municipality which once elects to participate in
the supplemental benefits fund shall never discontinue
participation in the fund as to members who are covered in
the fund.
(4) Membership in the fund shall be terminated by
cessation of membership in the system.
(5) Each municipality which elects to participate in the
supplemental benefits fund shall contribute to that fund, in
addition to normal contributions and prior service contributions as required, such additional percentage of each payment
of earnings as may be fixed by the board, on recommendation of the actuary, as necessary to accumulate the reserves
(2002 Ed.)
Statewide City Employees’ Retirement
needed to pay the anticipated benefit: PROVIDED, That the
rate of contribution to the supplemental benefits fund shall
be on the full compensation of the member.
(6) The supplemental benefit for covered employees
shall be an allowance not to exceed fifteen percent of
average final compensation payable at the time of retirement.
(7) Should the service of a member be discontinued by
other than death or retirement, the benefits and privileges as
provided by RCW 41.44.190 as now or hereafter amended,
shall apply.
(8) A municipality which elects to participate in the
supplemental benefits fund shall provide such benefits for all
members employed by such city. [1967 ex.s. c 28 § 2.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.110 Membership. (1) Subject to subsection (2)
of this section, membership of this retirement system shall
be composed of the following groups of employees in any
participating city or cities:
(a) Miscellaneous personnel as defined in this chapter;
(b) Uniformed personnel as defined in this chapter;
(c) Elective officials, who shall have the right to
membership in this retirement system upon filing written
notice of such election with the board of trustees;
(d) Employees of the retirement system itself shall be
entitled to membership and any costs in connection with
such membership shall be a part of the cost of administration.
(e) Employees of any state association of cities and
towns shall be entitled to membership, upon election to
participate made by the board of directors pursuant to RCW
41.44.050, and any costs in connection with such membership which would be borne by a city in the case of employees of a city shall be borne by the association.
(2) Any city may, when electing to participate in this
retirement system in the manner set forth in RCW 41.44.050,
include any one group or combination of the groups mentioned in subsection (1) of this section. For an initial period
not to exceed one year from the effective date of any city’s
entry into this system, if so provided at the time of its
election to participate, only a majority of the employees of
any group or combination of groups must be members of the
system.
At all times subsequent to the effective date of the city’s
entry into this system, or at all times after expiration of such
initial period, if such initial period is established at the time
of the city’s election to participate, all employees of any
group or combination of groups must be included or excluded as members of this system. Groups (c) and (d) shall be
considered as being composed of miscellaneous personnel as
far as benefits and obligations are concerned except when
the contrary is clearly indicated.
(3) Subject to subsection (2) of this section, membership
in the retirement system shall be compulsory for all employees in groups (a) and (b), after qualification as provided in
subsection (4) of this section.
(4) Subject to subsection (2) of this section, all employees in city service, on the effective date, or on June 9, 1949,
or on expiration of the initial period therein provided if they
have completed six consecutive months’ service or six
months’ service in any calendar year prior to the expiration
(2002 Ed.)
41.44.105
of such initial period, shall be members of the system,
provided that such employees who are not regular full time
employees and are earning less than one hundred dollars per
month, or are part time employees serving in an official or
special capacity may with the acquiescence of the legislative
body of the city or town in which they are employed, elect
on or before January 1, 1950, to discontinue membership by
giving written notice of such election to the board. All other
regular employees earning more than one hundred dollars per
month shall become members upon the completion of six
consecutive months’ service or six months’ service in any
calendar year. Any employee otherwise eligible, employed
in a permanent position, may elect in writing to become a
member of the system at any time during the initial period,
or at any time prior to completing such six months’ service.
Such individual employees other than regular employees,
who are earning less than one hundred dollars per month or
who are serving in an official or special capacity may elect
to become members with the acquiescence of the legislative
body of the city or town in which they are employed upon
the completion of six months of consecutive service or six
months’ service in any calendar year.
(5) It shall be the duty of the proper persons in each
city to immediately report to the board routine changes in
the status of personnel and to immediately furnish such other
information regarding the employment of members as the
board may from time to time require.
(6) Should any member withdraw more than one-quarter
of his accumulated contributions, or should he die or be
retired, he shall thereupon cease to be a member.
(7) Transfer of any employee from one city to another
shall not cause the employee to lose membership in the
system providing the city to which he transfers participates
in the retirement system created herein. [1971 ex.s. c 271 §
14; 1965 ex.s. c 99 § 2; 1961 c 227 § 3; 1953 c 228 § 4;
1951 c 275 § 7; 1949 c 171 § 4; 1947 c 71 § 11; Rem.
Supp. 1949 § 9592-140.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.44.120 Prior service credit. (1) Subject to
subsections (4) and (5) of this section the following members
shall be entitled to prior service credit:
(a) Each member in service on the effective date.
(b) Each member entering after the effective date if such
entry is within one year after rendering service prior to the
effective date.
(c) Each member entering in accordance with the
provisions and subject to the conditions and limitations
prescribed in subsection (5) of this section.
As soon as practicable, the board shall issue to each
member entitled to prior service credit a certificate certifying
the aggregate length of service rendered prior to the effective
date. Such certificate shall be final and conclusive as to his
prior service unless hereafter modified by the board, upon
application of the member.
(2) Each city joining the system shall have the privilege
of selecting the rate at which prior service pensions shall be
calculated for its employees and may select any one of the
three rates set forth below:
[Title 41 RCW—page 237]
41.44.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) 1.33% of final compensation multiplied by the
number of years of prior service credited to the member.
This rate may be referred to as "full prior service credit."
(b) 1.00% of final compensation multiplied by the
number of years of prior service credited to the member.
This rate may be referred to as "full [three-fourths] prior
service credit."
(c) .667% of final compensation multiplied by the
number of years of prior service credited to the member.
This rate may be referred to as "one-half prior service credit."
(3) The above rates shall apply at the age of sixty-two
or over for members included in the miscellaneous personnel
and at age sixty or over for members in the uniformed
personnel: PROVIDED, That if a member shall retire before
attaining either of the ages above referred to, the total prior
service pension shall be reduced to the percentages computed
and established in accordance with the following tables, to
wit:
Miscellaneous Personnel
Percent of Full Prior Service Allowable
Male
Age
45 . .
46 . .
47 . .
48 . .
49 . .
50 . .
51 . .
52 . .
53 . .
54 . .
55 . .
56 . .
57 . .
58 . .
59 . .
60 . .
61 . .
62 . .
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Female
Age
45 . .
46 . .
47 . .
48 . .
49 . .
50 . .
51 . .
52 . .
53 . .
54 . .
55 . .
56 . .
57 . .
58 . .
59 . .
60 . .
61 . .
62 . .
Factor
. 65.48
. 66.86
. 68.29
. 69.77
. 71.28
. 72.82
. 74.43
. 76.13
. 77.93
. 79.84
. 81.86
. 84.00
. 86.28
. 88.69
. 91.26
. 94.00
. 96.90
.100.00
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Factor
. 66.78
. 67.91
. 69.09
. 70.34
. 71.67
. 73.10
. 74.71
. 76.41
. 78.21
. 80.11
. 82.12
. 84.24
. 86.50
. 88.89
. 91.42
. 94.11
. 96.96
.100.00
Percent of Full Prior Service Allowable
Uniformed Personnel
Age
45
46
47
48
49
50
51
52
53
54
55
56
57
58
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[Title 41 RCW—page 238]
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.
.
.
.
.
.
.
.
Factor
69.66
71.13
72.65
74.22
75.83
77.47
79.18
80.99
82.91
84.93
87.09
89.37
91.79
94.36
59
60
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 97.09
. . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
(4) If sickness, injury or service in the armed forces of
the United States during the national emergency identified
with World War I or World War II and/or service in the
armed forces of the United States of America for extended
active duty by any employee who shall have been regularly
granted a leave of absence from the city service by reason
thereof, prevents any regular employee from being in service
on the effective date, the board shall grant prior service
credit to such person when he is again employed. The
legislative authority in each participating city shall specify
the amount of prior service to be granted or current service
credit to be made available to such employees: PROVIDED,
That in no case shall such service credit exceed five years.
Certificate of honorable discharge from or documentary
evidence of such service shall be submitted to the board
before any such credit may be granted or made available.
Prior or current service rates, or both, for such employees
shall not exceed the rates established for fellow employees.
(5) There shall be granted to any person who was an
employee of a private enterprise or a portion thereof which
shall be hereafter acquired by a city as a matter of public
convenience or necessity, where it is in the public interest to
retain the trained personnel of such enterprise or portion
thereof, credit for prior service for the period such person
was actually employed by such private enterprise, except that
this shall apply only to those persons who shall be employees of such enterprise or portion thereof at the time of its
acquisition by the city and who remain in the service of such
city until the effective date of membership of such person
under this chapter.
There shall be granted to any person who was an
employee of any state association of cities and towns, which
association elects to participate in the retirement system
established by this chapter, credit for prior service for the
period such person was actually employed by such association, except that this shall apply only to those persons who
shall be employees of such association on May 21, 1971.
Credit for such prior service shall be given only if
payment for the additional cost of including such service has
been made or if payment of such additional cost or reimbursement therefor has been otherwise provided for to the
satisfaction of the board or if such person be entitled to any
private pension or retirement benefits as a result of such
service with such private enterprise, credit will be given only
if he agrees at the time of his employment by the municipality to accept a reduction in the payment of any benefits
payable under this chapter that are based in whole or in part
on such added and accredited service by the amount of these
private pension or retirement benefits received. The conditions and limitations provided for in this subsection (5) shall
be embodied in any certificate of prior service issued or
granted by the board where any portion of the prior service
credited under this subsection is included therein.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary
to enable the fund to assume its obligations. [1971 ex.s. c
271 § 15; 1959 c 70 § 2; 1957 c 158 § 2; 1951 c 275 § 8;
1947 c 71 § 12; Rem. Supp. 1947 § 9592-141.]
(2002 Ed.)
Statewide City Employees’ Retirement
Reviser’s note: In subsection (2)(b), the word "full" was substituted
for "three-fourths" in the 1971 amendatory act [1971 ex.s. c 271], but the
change was not indicated by deletion and addition marks.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.44.130 Contributions by employees. (1) The
normal rates of contribution of members shall be based on
sex and age at time of entry into the system, which age shall
be the age at the birthday nearest the date of such entry.
(2) The normal rates of contribution for miscellaneous
personnel shall be so fixed as to provide an annuity which,
together with the pension provided by the city, shall produce
as nearly as may be, a retirement allowance at the age of
sixty-two years, of one and one-third percent of the final
compensation multiplied by the number of years of service
of the retiring employee. The normal rate established for
age sixty shall be the rate for any member who has attained
a greater age before entrance into the retirement system and
the normal contribution established for age twenty-four shall
be the rate for any member who enters the system at an
earlier age.
(3) The normal rates of contribution for uniformed
personnel shall be so fixed as to provide an annuity which,
together with the pension that would be derived from equal
contributions by the city, shall produce as nearly as may be
for members who enter service at age thirty-seven or below,
a retirement allowance, at age fifty-five with twenty-five or
more years of service, or at an age greater than fifty-five
after twenty-five years of service, equal to fifty percent of
final compensation; and for members entering service at ages
over thirty-seven, a retirement allowance at age sixty-two
which shall be the same proportion of fifty percent of final
compensation as the member’s actual years credited bear to
twenty-five years. The normal rate established for age fifty
shall be the rate for any member who has attained a greater
age before entrance into the retirement system.
(4) Subject to the provisions of this chapter, the board
shall adopt rules and regulations governing the making of
deductions from the compensation of employees and shall
certify to the proper officials in each city the normal rate of
contribution for each member provided for in subsections (2)
and (3) of this section. The proper officials in each city
shall apply such rate of contribution to the full compensation
of uniformed personnel and to so much of the compensation
of miscellaneous personnel as does not exceed three hundred
dollars per month, or four hundred dollars per month, or to
any increased amount of such compensation as to members
whose member cities have duly elected to increase the
limitation provided for in subsection (12) of RCW 41.44.030
and shall certify to the board on each and every payroll the
total amount to be contributed and shall furnish immediately
to the board a copy of each and every payroll; and each of
said amounts shall be forwarded immediately to the board
and the board shall credit the deduction shown on such
payroll to individual accounts of the members represented on
such payrolls.
(5) Every member shall be deemed to consent and agree
to the contribution made and provided for herein, and shall
receipt in full for his salary or compensation. Payment less
said contributions shall be a full and complete discharge of
all claims and demands whatsoever for the service rendered
by such person during the period covered by such payment,
(2002 Ed.)
41.44.120
except his claim to the benefits to which he may be entitled
under the provisions of this chapter.
(6) Any member may elect to contribute in excess of the
contributions provided for in this section in accordance with
rules to be established by the board for the purpose of
providing additional benefits, but the exercise of this
privilege shall not place on the member city or cities any
additional financial obligation. The board shall have
authority to fix the rate of interest to be paid or allowed
upon the additional contributions and from time to time
make any necessary changes in said rate. Refunds of
additional contributions shall be governed by the same rules
as those covering normal contributions unless the board shall
establish separate rules therefor. [1965 ex.s. c 99 § 3; 1961
c 227 § 4; 1957 c 158 § 3; 1951 c 275 § 9; 1947 c 71 § 13;
Rem. Supp. 1947 § 9592-142.]
41.44.140 Retirement for service. Retirement of a
member for service shall be made by the board as follows:
(1) Each member included in the miscellaneous personnel in service on the effective date, who, on or before such
effective date, has attained the age of sixty-five years or over
shall be compulsorily retired forthwith: PROVIDED, That
there shall be no compulsory retirements for a period of two
years immediately following the effective date, but any
member having attained the age of sixty-five may voluntarily
retire at any time after attaining such age. Members
included in the miscellaneous personnel attaining age sixtyfive after effective date shall be retired on the first day of
the calendar month next succeeding the month in which the
member shall have attained sixty-five, but none of such
members shall be subject to compulsory retirement until two
years after the effective date. The legislative authority of the
city shall have the privilege at all times of extending time
for retirement of any such member to his attainment of any
age not exceeding age seventy: PROVIDED, That any such
extension shall not increase the retirement age of such
member in excess of one year at a time.
(2) Any member included in the miscellaneous personnel may retire by filing with the board a written application
duly attested, setting forth on what date he desires to be
retired, such application to be made at least thirty days prior
to date of retirement: PROVIDED, That said member, at the
time specified for his retirement, shall have attained the age
of sixty years, or shall have thirty years of creditable service
regardless of attained age: PROVIDED FURTHER, That
during the two years immediately following the effective
date voluntary service retirement of such members under
sixty-two years of age shall not be granted.
(3) Each member included in the uniformed personnel
in service on the effective date who on or before such
effective date has attained the minimum age for social
security benefits shall be compulsorily retired forthwith:
PROVIDED, That there shall be no compulsory service
retirements for a period of two years immediately following
the effective date, but any such member having attained the
minimum age for social security benefits may voluntarily
retire at any time after attaining such age. Members included in the uniformed personnel attaining the minimum
age for social security benefits after the effective date shall
be retired on the first day of the calendar month next
[Title 41 RCW—page 239]
41.44.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
succeeding the month in which the members shall have
attained the minimum age for social security benefits, but
none of such members shall be subject to compulsory
retirement until two years after the effective date. The
legislative authority shall have the privilege at all times of
extending time for retirement of any such member: PROVIDED, That any such extension shall not increase the
retirement age of such member in excess of one year at a
time.
(4) Any member included in the uniformed personnel
may retire by filing with the board a written application duly
attested, setting forth on what date he desires to be retired,
such application to be made at least thirty days prior to date
of retirement: PROVIDED, That said members, at the time
specified for retirement, shall have twenty-five years of
creditable service regardless of age, or shall have attained
the age of fifty-five years regardless of years of creditable
service: PROVIDED FURTHER, That during the two years
immediately following the effective date voluntary service
retirement of such members under the minimum age for
social security benefits shall not be granted.
(5) After the retirement of any employee, any member
city, by unanimous vote of its legislative body and with the
consent of the board, may reemploy or retain such employee
in its service to fill a supervisory or key position. [1967
ex.s. c 28 § 4; 1965 ex.s. c 99 § 4; 1961 c 227 § 5; 1953 c
228 § 5; 1951 c 275 § 10; 1947 c 71 § 14; Rem. Supp. 1947
§ 9592-143.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.150 Allowance on retirement for service. (1)
A member upon retirement for service, shall receive a
retirement allowance subject to the provisions of subsection
(2) of this section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated normal contributions at the time of his
retirement; and
(b) A pension provided by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member;
(c) For any member having credit for prior service an
additional pension, provided by the contributions of the city,
as set forth in RCW 41.44.120 at the rate selected by the
city employing the member;
(d) Any member, excepting a part time employee, who
has ten or more years of creditable service and who is retired
by reason of attaining the age of sixty-five or over if
included in the miscellaneous personnel or the age of fiftyfive or over if included in the uniformed personnel, and
whose retirement allowance is calculated to be less than
sixty dollars per month, shall receive such additional
pension, provided by the contributions of the city, as will
make his total retirement allowance equal to sixty dollars per
month. An annuity purchased by accumulated additional
contributions in such case shall be paid in addition to the
minimum guaranteed as herein provided. A part time
employee having ten or more years of creditable service,
retired by reason of attaining the ages in this subdivision
specified and whose retirement allowance is calculated to be
less than forty dollars per month, shall receive such additional pension, provided by the contributions of the city, as will
[Title 41 RCW—page 240]
make the total retirement allowance equal to forty dollars per
month, together with an annuity purchased by his accumulated additional contributions, if any, in addition to the minimum guaranteed.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be
paid to a member retired prior to June 11, 1953.
(e) Any member, excepting a part time employee, who
has been or is retired by reason of attaining the age of sixtyfive or over if included in the miscellaneous personnel or the
age of fifty-five or over if included in the uniformed
personnel, and whose retirement allowance is calculated to
be less than sixty dollars per month, shall receive such
additional pension, provided by the contributions of the city,
as will make his total retirement allowance equal to six
dollars per month for each year of his creditable service:
PROVIDED, That the total additional retirement allowance
shall be limited to an amount equal to such amount as will
make his total retirement allowance not more than sixty dollars per month. An annuity purchased by accumulated
additional contributions, if any, in such case shall be paid in
addition to the minimum guaranteed, as herein provided.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be
paid to a member retired prior to June 11, 1953.
(f) The normal retirement age for uniformed personnel
shall be age fifty-five with twenty-five years of creditable
service, or shall be at an age greater than age fifty-five upon
the completion of twenty-five years or more of creditable
service. Upon retirement at the normal age, the retirement
allowance shall be equal to fifty percent of final compensation. If retirement occurs at an age other than the normal
age, the retirement allowance shall be the same proportion
of fifty percent of final compensation as the member’s actual
years of service bears to the years of service that were or
would have been served up to the normal retirement age:
PROVIDED, That if retirement occurs prior to the normal
age of retirement, said allowance shall be the actuarial
equivalent of said allowance at the normal age of retirement.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be
paid to a member retired prior to August 6, 1965.
(2) If the retirement allowance of the member as
provided in this section, is in excess of three-fourths of his
final compensation, the pension of the member, purchased by
the contributions of the city, shall be reduced to such an
amount as shall make the member’s retirement allowance
equal to three-fourths of his final compensation, except as
provided in subdivision (3) of this section.
(3) A member, upon retirement from service, shall
receive in addition to the retirement allowance provided in
this section, an additional annuity which shall be the actuarial equivalent of any accumulated additional contributions
which he has to his credit at the time of his retirement.
[1965 ex.s. c 99 § 5; 1961 c 227 § 6; 1957 c 158 § 4; 1953
c 228 § 6; 1951 c 275 § 11; 1949 c 171 § 5; 1947 c 71 §
15; Rem. Supp. 1949 § 9592-144.]
41.44.160 Retirement for disability. Any member
who has at least ten years of creditable service within the
fifteen years immediately preceding retirement and has not
(2002 Ed.)
Statewide City Employees’ Retirement
attained the age of sixty-five years, or who attains or has
attained the age of sixty-five years prior to two years after
the effective date, may be retired by the board for permanent
and total disability, either ordinary or accidental not incurred
in line of duty, and any member, regardless of his age or
years of service, may be retired by the board for any permanent and total disability incurred in line of duty, upon
examination as follows:
Any member while in service, or while physically or
mentally incapacitated for the performance of duty, if such
incapacity has been continuous from discontinuance of city
service, shall be examined by such medical authority as the
board shall employ, upon the application of the head of the
office or department in which the member is employed with
approval of the legislative body, or upon application of said
member, or a person acting in his behalf, stating that said
member is permanently and totally incapacitated, either
physically or mentally, for the performance of duty and
ought to be retired. If examination shows, to the satisfaction
of the board, that the member should be retired, he shall be
retired forthwith: PROVIDED, That no such application
shall be considered or granted upon the application of a
member unless said member or someone in his behalf, in
case of the incapacity of a member, shall have filed the
application within a period of one year from and after the
discontinuance of service of said member: PROVIDED, The
board shall retire the said member for disability forthwith:
PROVIDED, That the disability retirement allowance shall
be effective on the first of the month following that in which
the member last received salary or wages in city service.
The board shall secure such medical services and advice
as it may deem necessary to carry out the purpose of this
section and RCW 41.44.180. [1965 ex.s. c 99 § 6; 1951 c
275 § 12; 1949 c 171 § 6; 1947 c 71 § 16; Rem. Supp. 1947
§ 9592-145.]
41.44.170 Allowance on retirement for disability.
On retirement for permanent and total disability not incurred
in line of duty a member shall receive a retirement allowance which shall consist of:
(1) An annuity which shall be the actuarial equivalent
of his accumulated normal contributions; and
(2) A pension provided by the contributions of the city
which, together with his annuity provided by his accumulated normal contributions, shall make his retirement allowance
equal to thirty percent of his final compensation for the first
ten years of service, which allowance shall be increased by
one and one-half percent for each year of service in excess
of ten years to a maximum of fifty percent of his final
compensation; otherwise he shall receive a retirement allowance of forty dollars per month or, except as to a part
time employee, such sum, monthly, not in excess of sixty
dollars per month, as is equal to six dollars per month for
each year of his creditable service, whichever is greater. If
the retirement allowance of a part time employee, based
upon the pension hereinabove provided, does not exceed
forty dollars per month, then such part time employee shall
receive a retirement allowance of forty dollars per month and
no more.
(2002 Ed.)
41.44.160
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be
paid to a member retired prior to August 6, 1965.
(3) If it appears to the satisfaction of the board that
permanent and total disability was incurred in line of duty,
a member shall receive in lieu of the retirement allowance
provided under subdivisions (1) and (2) of this section full
pay from, and be furnished all hospital and medical care by,
the city for a period of six months from the date of his
disability, and commencing at the expiration of such six
month period, shall receive a retirement allowance, regardless of his age or years of service, equal to fifty percent
of his final compensation exclusive of any other benefit he
may receive.
(4) No disability retirement allowance shall exceed
seventy-five percent of final compensation, anything herein
to the contrary notwithstanding, except as provided in
subdivision (7) of this section.
(5) Upon the death of a member while in receipt of a
disability retirement allowance, his accumulated contributions, as they were at the date of his retirement, less any
annuity payments made to him, shall be paid to his estate, or
to such persons having an insurable interest in his life as he
shall have nominated by written designation duly executed
and filed with the board. In the alternative, if there be a
surviving spouse, or if no surviving spouse, there are
surviving a child or children under the age of eighteen years,
upon written notice to the board by such spouse, or if there
be no such spouse, by the duly appointed, qualified and
acting guardian of such child or children, within sixty days
of the date of such member’s death, there shall be paid to
such spouse during his or her lifetime, or, if there be no such
spouse, to such child or children, until they shall reach the
age of eighteen years, a monthly pension equal to one-half
of the monthly final compensation of such deceased member.
If any such spouse or child or children shall marry, then
such person so marrying shall thereafter receive no further
pension herein provided.
(6) If disability is due to intemperance, wilful misconduct, or violation of law, on the part of the member, the
board, in its discretion, may pay to said member, in one
lump sum his accumulated contribution, in lieu of a retirement allowance, and such payment shall constitute full
satisfaction of all obligations of the city to such member.
(7) In addition to the annuity and pension provided for
in subdivisions (1) and (2) of this section, a member shall
receive an annuity which shall be the actuarial equivalent of
his accumulated additional contributions. [1973 1st ex.s. c
154 § 78; 1965 ex.s. c 99 § 7; 1961 c 227 § 7; 1957 c 158
§ 5; 1953 c 228 § 7; 1951 c 275 § 13; 1947 c 71 § 17; Rem.
Supp. 1947 § 9592-146.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.44.180 Examination of disability beneficiary—
Reentry. (1) The board may, at its pleasure, require any
disability beneficiary under age sixty-two in the miscellaneous personnel and under age fifty-five in the uniformed
personnel to undergo medical examination by medical
authority designated by the board. Upon the basis of such
examination the board shall determine whether such disability beneficiary is still totally and permanently incapacitated,
[Title 41 RCW—page 241]
41.44.180
Title 41 RCW: Public Employment, Civil Service, and Pensions
either physically or mentally, for service in the office or
department of the city where he was employed or in any
other position in that city, the duties of which he might reasonably be expected to carry out.
(2) If the board shall determine that the beneficiary is
not so incapacitated his retirement allowance shall be
canceled and he shall be reinstated forthwith in city service.
If the city is unable to find employment for a disability
beneficiary found to be no longer totally and permanently
disabled, the board shall continue the disability retirement
allowance of the beneficiary until such time as employment
is available, except as provided in paragraph (4) of this
section.
(3) Should a disability beneficiary reenter city service
and be eligible for membership in the retirement system, his
retirement allowance shall be canceled and he shall immediately become a member of the retirement system, his rate of
contribution for future years being that established for his
age at the time of such reentry. His individual account shall
be credited with his accumulated contributions less the
annuity payments made to him. An amount equal to the
accumulated normal contributions so credited to him shall
again be held for the benefit of said member and shall no
longer be included in the amounts available to meet the
obligations of the city on account of benefits that have been
granted. Such member shall receive credit for prior service
in the same manner as if he had never been retired for
disability.
(4) Should any disability beneficiary under age sixtytwo in the miscellaneous personnel or under age fifty-five in
the uniformed personnel, refuse to submit to medical
examination, his retirement allowance may be discontinued
until his withdrawal of such refusal, and should refusal
continue for one year, his retirement allowance may be
canceled. Should said disability beneficiary, prior to
attaining age sixty-two or age fifty-five, as the case may be,
engage in a gainful occupation the board shall reduce the
amount of his retirement allowance to an amount, which
when added to the compensation earned by him in such
occupation, shall not exceed the amount of the final compensation on the basis of which his retirement allowance was
determined. Should the earning capacity of such beneficiary
be further altered, the board may further alter his retirement
allowance as indicated above. When said disability beneficiary reaches age sixty-two, if included in the miscellaneous
personnel, or age fifty-five, in the uniformed personnel, his
retirement allowance shall be made equal to the amount
upon which he was originally retired, and shall not again be
modified for any cause except as provided in RCW
41.44.250.
(5) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance
into city service, he shall be paid his accumulated contributions, less annuity payments made to him. [1961 c 227 § 8;
1947 c 71 § 18; Rem. Supp. 1947 § 9592-147.]
41.44.190 Withdrawal from system—Reentry—
Payment on death of member. (1) Should service of a
member of the miscellaneous personnel be discontinued
except by death or retirement, he shall be paid six months
after the day of discontinuance such part of his accumulated
[Title 41 RCW—page 242]
contributions as he shall demand. Six months after the date
of such discontinuance, unless on leave of absence regularly
granted, or unless he has exercised the option hereinafter
provided, his rights to all benefits as a member shall cease,
without notice, and his accumulated contributions shall be
returned to him in any event or held for his account if for
any reason the return of the same is prevented. Should
service of a member of the uniformed personnel be discontinued except by death or retirement, he shall be paid six
months after the day of discontinuance such part of his
accumulated contributions as he shall demand, and six
months after the date of such discontinuance, unless on leave
of absence regularly granted, his rights to all benefits as a
member shall cease, without notice, and his accumulated
contributions shall be returned to him in any event, or held
for his account if for any reason the same is prevented:
PROVIDED, That the board may in its discretion, grant the
privilege of withdrawal in the amounts above specified at
any time following such discontinuance. Any member
whose service is discontinued except by death or retirement,
and who has five or more years of creditable service when
such discontinuance occurs, may, at his option, leave his
accumulated contributions in the fund and thereby be entitled
to receive a deferred retirement allowance commencing at
retirement age sixty for miscellaneous personnel and at age
fifty-five for uniformed personnel, such retirement allowance
to be computed in the same manner provided in subsection
(1) of RCW 41.44.150: PROVIDED, That this option may
be revoked at any time prior to commencement of annuity
payments by filing a written notice of such intention with the
board together with a written application for a refund of such
accumulated contributions. The board may establish rules
and regulations to govern withdrawal and redeposit of contributions.
(2) Should a former member, within five years after
discontinuance of service, return to service in the same city
in which he was employed he may restore to the fund in
such manner as may be agreed upon by such person and the
board, his withdrawn normal accumulated contributions as
they were at the time of his separation from service and
upon completion of such redeposit all his rights and privileges existing at the time of discontinuance of service shall be
restored and his obligations as a member shall begin again.
The rate of contribution of such returning member shall be
the same as it was at the time he separated from service.
(3) Upon the death of any person who has not been
retired, pursuant to the provisions hereof, there shall be paid
to his estate, or to such persons having an insurable interest
in his life as he shall have nominated by written designation
duly executed and filed with the board, his accumulated
contributions less any payments therefrom already made to
him. Such payment may be made in one lump sum or may
be paid in installments over a period of not to exceed five
years, as may be designated by the member or his beneficiary, with such rate of interest as may be determined by the
board.
(4) In lieu of the death benefit otherwise payable under
subsection (3) of this section, there shall be paid a total
allowance equal to one-fourth average final compensation
per month to the surviving spouse of a member with at least
twenty years service as such, at the time of death and who
has not been retired and who, by reason of membership in
(2002 Ed.)
Statewide City Employees’ Retirement
the system, is covered by the Old Age and Survivors
Insurance provisions of the Federal Social Security Act, but
not at the time of death qualified to receive the benefits
thereof. Said allowance shall become payable upon the
death of said member or upon the date the surviving spouse
becomes ineligible for any benefit payment from the Federal
OASI, if later, and shall cease upon death or remarriage, or
upon the date the surviving spouse would become entitled,
upon application therefor; to any insurance benefit from the
Federal OASI system, whichever event shall first occur:
PROVIDED, That said benefit shall cease upon the beneficiary becoming employed by any member city of said
system: PROVIDED FURTHER, That this allowance shall
consist of:
(a) An amount which shall be the actuarial equivalent of
the normal contributions at the time specified for retirement;
(b) An amount provided by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member;
(c) Such additional amount, provided by the contributions of the city, as will make the total allowance equal to
one-fourth average final compensation per month;
(d) An annuity purchased by the accumulated additional
contributions, if any, in addition to the minimum guaranteed.
(5) In lieu of the death benefit otherwise payable under
subsection (3) of this section, the surviving spouse of a
member who dies after having attained the minimum requirements for his service retirement as required by RCW
41.44.140 may elect to receive the allowance which would
have been paid to such surviving spouse had the member
been retired on the date of his death and had he elected to
receive the lesser retirement allowances provided for in
option C of RCW 41.44.220.
(6) If a former member shall, within one year from date
of discontinuance of service, be employed by another city
participating in this retirement system he shall have the
privilege of redepositing and the matching contributions
deposited by the city or cities in which he was formerly
employed shall again be held for the benefit of such member. If such redepositing member possessed a prior service
certificate the city employing him at time of retirement shall
accept the liability evidenced by such certificate.
Reinstatement of a prior service certificate shall be
effective only upon a showing that normal contributions are
on deposit in the retirement fund, to the credit of the
member, covering all current service. [1967 ex.s. c 28 § 5;
1965 ex.s. c 99 § 8; 1961 c 227 § 9; 1951 c 275 § 14; 1947
c 71 § 19; Rem. Supp. 1947 § 9592-148.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.200 Withdrawal—Procedure as to city’s
contribution. Whenever a member withdraws his accumulated normal contributions the matching contributions of the
city so released shall be transferred to a reserve account
created for the purpose of showing the amount of credits due
each city through such operation. Such credits may be used
by the city to apply on any charges made against the city but
only so much thereof as will insure leaving in such account
an amount estimated to be sufficient to again match contributions redeposited by employees returning to service as
contemplated in RCW 41.44.190. The board may credit
(2002 Ed.)
41.44.190
such reserve accounts with interest at such rate as the board
deems equitable: PROVIDED, That as to any member city
which has elected to and is making contributions in lieu of
those required in RCW 41.44.090(1)(a), there shall be no
release of the city’s matching contributions after the date of
its commencement to make such lieu contributions: PROVIDED FURTHER, That any released contributions of any
such city which have been credited to its reserve account
prior to the date of such commencement, shall be available
to it for the purposes hereinabove specified, unless the board
shall determine that their immediate use for such purposes
would result in a harmful effect upon the assets of the system, in which event the board shall have the right to defer
their use for a reasonable time in which to permit it to make
adjustments in the current assets of the system to prevent the
same. [1953 c 228 § 8; 1947 c 71 § 20; Rem. Supp. 1947
§ 9592-140.]
41.44.210 Benefit on death in line of duty. Upon the
death of any member who dies from injuries or disease
arising out of or incurred in the performance of his duty or
duties, of which the board of trustees shall be the judge, if
death occurs within one year from date of discontinuance of
city service caused by such injury, there shall be paid to his
estate or to such person or persons having an insurable
interest in his life, as he shall have nominated by written
designation duly executed and filed with the board, the sum
of one thousand dollars, purchased by the contributions of
the cities participating in the retirement system; and in
addition thereto there shall be paid to the surviving spouse
during such spouse’s lifetime, or if there be no surviving
spouse, then to his minor child or children until they shall
have reached the age of eighteen years, a monthly pension
equal to one-half the monthly final compensation of such
deceased member. If any such spouse, or child or children
shall marry, then such person so marrying shall thereafter
receive no further pension herein provided. Cost of the
lump sum benefit above provided shall be determined by
actuarial calculation and prorated equitably to each city. The
benefits provided in this section shall be exclusive of any
other benefits due the member under this chapter. [1973 1st
ex.s. c 154 § 79; 1961 c 227 § 10; 1957 c 158 § 6; 1947 c
71 § 21; Rem. Supp. 1947 § 9592-150.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
41.44.220 Optional allowance on retirement. A
member may elect to receive in lieu of the retirement
allowance provided for in RCW 41.44.150, its actuarial
equivalent in the form of a lesser retirement allowance,
payable in accordance with the terms and conditions of one
of the options set forth below in this section. Election of
any option must be made by written application filed with
the board at least thirty days in advance of retirement, or
may be made by any member after he has attained the
minimum requirements for his service retirement as required
by RCW 41.44.140, and shall not be effective unless
approved by the board prior to retirement of the member.
Option A. The lesser retirement allowance shall be
payable to the member throughout his life: PROVIDED,
That if he die before he receives in annuity payments re[Title 41 RCW—page 243]
41.44.220
Title 41 RCW: Public Employment, Civil Service, and Pensions
ferred to in paragraph (a) of subsection (1) of RCW
41.44.150 a total amount equal to the amount of his accumulated contributions as it was at date of his retirement, the
balance of such accumulated contributions shall be paid in
one sum to his estate or to such person having an insurable
interest in his life as he shall nominate by written designation duly executed and filed with the board.
Option B. The lesser retirement allowance shall be
payable to the member throughout life, and after death of the
member, one-half of the lesser retirement allowance shall be
continued throughout the life of and paid to the wife or
husband of this member.
Option C. The lesser retirement allowance shall be
payable to the member throughout life, and after death of the
member it shall be continued throughout the life of and paid
to the wife or husband of the member.
A member may apply for some other benefit or benefits
and the board may grant such application provided such
other benefit or benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of
equivalent value to his retirement allowance.
The surviving spouse may elect to receive a cash refund
of the member’s accumulated contributions in lieu of the
monthly benefit under either Option B or Option C. [1965
ex.s. c 99 § 9; 1947 c 71 § 22; Rem. Supp. 1947 § 9592151.]
41.44.230 Monthly payments. A pension, annuity, or
a retirement allowance granted under the provisions of this
chapter, unless otherwise specified herein, shall be payable
in monthly installments, and each installment shall cover for
the current calendar month. [1947 c 71 § 23; Rem. Supp.
1947 § 9592-152.]
41.44.240 Rights immune from legal process—
Exceptions. The right of a person to a pension, annuity or
a retirement allowance, to the return of contribution, the
pension, annuity or retirement allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter shall not be subject to
execution, garnishment, or any other process whatsoever.
This section shall not apply to child support collection
actions taken under chapter 26.18, 26.23, or 74.20A RCW
against benefits payable under any such plan or arrangement.
Benefits under this chapter shall be payable to a spouse or
ex-spouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation. [1989 c
360 § 28; 1979 ex.s. c 205 § 7; 1947 c 71 § 24; Rem. Supp.
1947 § 9592-153.]
41.44.250 Suspension of retirement allowance. The
payment of any retirement allowance to a member who has
been retired from service shall be suspended during the time
that the beneficiary is in receipt of compensation for service
to any city or town that is a member of the statewide city
employees’ retirement system, except as to the amount by
which such retirement allowance may exceed such compensation for the same period. It is the intent of this section to
[Title 41 RCW—page 244]
prevent any retired person from being able to receive both
his retirement allowance and compensation for service to any
city or town that is a member of the statewide city
employees’ retirement system: PROVIDED, That nothing in
this section shall prevent county or state welfare departments
from furnishing to any retired employee under the terms of
this chapter the hospital, medical, dental and other benefits
granted to pensioners under the provisions of Title 74 RCW.
[1951 c 275 § 15; 1947 c 71 § 25; Rem. Supp. 1947 §
9592-154.]
41.44.260 Merger of existing or new systems into
statewide system—Contract. The council or other legislative body of any city or town in which there has been established or may hereafter be established by ordinance or
pursuant to authority granted, or hereafter granted, by any of
the laws of the state of Washington, any retirement system,
pension, relief or disability system, excluding any system
directly established by the legislature of the state of Washington and by its terms made compulsory, shall have the
right by a legal contract in writing to merge or integrate its
existing system with that of the statewide city employees’
retirement system established by chapter 71, Laws of 1947
[chapter 41.44 RCW]. Any such contract shall contain
appropriate provisions granting to any member of the
systems integrated or merged the right to elect to withdraw
his or her accumulated contributions accrued to the effective
date of the merger or integration where the contract would
result in a reduction or impairment of the benefits provided
for in the existing system of which he or she is a member,
and no such contracts shall be effective which shall reduce
or impair the benefits which employees who are receiving
benefits from either of the integrated systems would have
received had the integration or merger not been effected.
[1949 c 137 § 1; Rem. Supp. 1949 § 9592-133a.]
41.44.270 Agreements between board and cities
which accept social security act benefits. Should any
member city of the statewide city employees retirement
system established pursuant to this chapter, hereafter take
advantage of any benefits lawfully available to its employees
and their survivors under the old age and survivors insurance
system embodied in the social security act, or should any
city which has lawfully taken advantage of such benefits
desire to become a member of the statewide city employees
retirement system, such city and the board shall have the
power to enter into an agreement mutually satisfactory to
both parties adjusting the contributions to be made by such
city and by its employees and the benefits to be paid by the
statewide city employees retirement system, in such a
manner to permit the participation of such city in the system
as a member with reduced benefits to its employees and
reduced contributions by the city and by its employees:
PROVIDED, That such adjustment shall be made upon an
actuarially sound basis and that as to all matters, other than
those changed by such agreement, the provisions of the
statewide city employees retirement system law shall apply:
PROVIDED FURTHER, That unless such an agreement is
entered into by mutual consent of such city and the board,
all of the provisions of the statewide city employees retirement system law shall be applicable. [1953 c 228 § 9.]
(2002 Ed.)
Statewide City Employees’ Retirement
41.44.300 System abolished—Date—Transfer of
assets, liabilities and responsibilities. Notwithstanding any
provisions of chapter 41.44 RCW to the contrary, the
statewide employees’ retirement system shall no longer exist
after January 1, 1972, at which time all assets, liabilities, and
responsibilities of the statewide city employees’ retirement
system shall be transferred to and assumed by the Washington public employees’ retirement system as provided for in
*RCW 41.40.405 through 41.40.407. [1971 c 75 § 4.]
*Reviser’s note: RCW 41.40.405 through 41.40.407 were decodified
pursuant to 1991 c 35 § 4.
Chapter 41.45
ACTUARIAL FUNDING OF STATE
RETIREMENT SYSTEMS
Sections
41.45.010
41.45.020
41.45.030
Intent—Findings—Goals.
Definitions.
State actuary to submit information on the experience and
financial condition of each retirement system—Adoption
of long-term economic assumptions.
41.45.035 Long-term economic assumptions—Asset value smoothing
technique.
41.45.050 Contributions to be based on rates established in this chapter—Allocation formula for contributions.
41.45.054 Contribution rates—Collected through June 30, 2002.
41.45.060 Basic state and employer contribution rates adopted by
council.
41.45.061 Required contribution rates for plan 2 members.
41.45.0631 Contribution rate.
41.45.067 Failure of state or employer to make required contribution—
Resulting increase in contribution rate borne in full by
state or employer—Members’ contribution deducted
each payroll period.
41.45.070 Supplemental rate.
41.45.080 Additional contributions may be required.
41.45.090 Collection of actuarial data.
41.45.100 Pension funding council—Created.
41.45.110 Pension funding council—Audits required.
41.45.120 Pension funding work group.
41.45.130 Public employees’ retirement system plan 2 assets divided—
Assets transferred to school employees’ retirement system.
41.45.900 Severability—1989 c 273.
41.45.902 Severability—2001 2nd sp.s. c 11.
41.45.010 Intent—Findings—Goals. It is the intent
of the legislature to provide a dependable and systematic
process for funding the benefits provided to members and
retirees of the public employees’ retirement system, chapter
41.40 RCW; the teachers’ retirement system, chapter 41.32
RCW; the law enforcement officers’ and fire fighters’
retirement systems, chapter 41.26 RCW; the school
employees’ retirement system, chapter 41.35 RCW; and the
Washington state patrol retirement system, chapter 43.43
RCW.
The legislature finds that the funding status of the state
retirement systems has improved dramatically since 1989.
Because of the big reduction in unfunded pension liabilities,
it is now prudent to adjust the long-term economic assumptions that are used in the actuarial studies conducted by
the state actuary. The legislature finds that it is reasonable
to increase the salary growth assumption in light of Initiative
Measure No. 732, to increase the investment return assumption in light of the asset allocation policies and historical
(2002 Ed.)
41.44.300
returns of the state investment board, and to reestablish June
30, 2024, as the target date to achieve full funding of all
liabilities in the public employees’ retirement system plan 1,
the teachers’ retirement system plan 1, and the law enforcement officers’ and fire fighters’ retirement system plan 1.
The funding process established by this chapter is
intended to achieve the following goals:
(1) To continue to fully fund the public employees’
retirement system plans 2 and 3, the teachers’ retirement
system plans 2 and 3, the school employees’ retirement
system plans 2 and 3, and the law enforcement officers’ and
fire fighters’ retirement system plan 2 as provided by law;
(2) To fully amortize the total costs of the public
employees’ retirement system plan 1, the teachers’ retirement
system plan 1, and the law enforcement officers’ and fire
fighters’ retirement system plan 1, not later than June 30,
2024;
(3) To establish predictable long-term employer contribution rates which will remain a relatively constant proportion of the future state budgets; and
(4) To fund, to the extent feasible, benefit increases for
plan 1 members and all benefits for plan 2 and 3 members
over the working lives of those members so that the cost of
those benefits are paid by the taxpayers who receive the
benefit of those members’ service. [2002 c 26 § 3; 2001
2nd sp.s. c 11 § 2; (2001 2nd sp.s. c 11 § 1 expired pursuant
to 2001 2nd sp.s. c 11 § 20); 2000 c 247 § 501; 1998 c 341
§ 401; 1995 c 239 § 305; 1989 c 273 § 1.]
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: "Sections 1, 7,
and *18 of this act expire March 1, 2002." [2001 2nd sp.s. c 11 § 20.]
*Reviser’s note: Section 18 of this act was vetoed.
Effective date—2001 2nd sp.s. c 11: "Sections 2, 3, 4, 8, 13, 14, and
16 of this act take effect March 1, 2002." [2001 2nd sp.s. c 11 § 21.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Council" means the pension funding council created
in RCW 41.45.100.
(2) "Department" means the department of retirement
systems.
(3) "Law enforcement officers’ and fire fighters’
retirement system plan 1" and "law enforcement officers’
and fire fighters’ retirement system plan 2" means the
benefits and funding provisions under chapter 41.26 RCW.
(4) "Public employees’ retirement system plan 1,"
"public employees’ retirement system plan 2," and "public
employees’ retirement system plan 3" mean the benefits and
funding provisions under chapter 41.40 RCW.
(5) "Teachers’ retirement system plan 1," "teachers’
retirement system plan 2," and "teachers’ retirement system
plan 3" mean the benefits and funding provisions under
chapter 41.32 RCW.
[Title 41 RCW—page 245]
41.45.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) "School employees’ retirement system plan 2" and
"school employees’ retirement system plan 3" mean the
benefits and funding provisions under chapter 41.35 RCW.
(7) "Washington state patrol retirement system" means
the retirement benefits provided under chapter 43.43 RCW.
(8) "Unfunded liability" means the unfunded actuarial
accrued liability of a retirement system.
(9) "Actuary" or "state actuary" means the state actuary
employed under chapter 44.44 RCW.
(10) "State retirement systems" means the retirement
systems listed in RCW 41.50.030.
(11) "Classified employee" means a member of the
Washington school employees’ retirement system plan 2 or
plan 3 as defined in RCW 41.35.010.
(12) "Teacher" means a member of the teachers’
retirement system as defined in RCW 41.32.010(15). [2002
c 26 § 4. Prior: 2001 2nd sp.s. c 11 § 4; 2001 2nd sp.s. c
11 § 3; 2000 c 247 § 502; 1998 c 341 § 402; 1998 c 283 §
1; 1995 c 239 § 306; 1989 c 273 § 2.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.030 State actuary to submit information on
the experience and financial condition of each retirement
system—Adoption of long-term economic assumptions.
(1) Beginning April 1, 2004, and every four years thereafter,
the state actuary shall submit to the council information
regarding the experience and financial condition of each state
retirement system. The council shall review this and such
other information as it may require.
(2) By May 31, 2004, and every four years thereafter,
the council, by affirmative vote of four councilmembers,
may adopt changes to the long-term economic assumptions
established in RCW 41.45.035. Any changes adopted by the
council shall be subject to revision by the legislature.
The council shall consult with the economic and revenue
forecast supervisor and the executive director of the state
investment board, and shall consider long-term historical
averages, in reviewing possible changes to the economic
assumptions.
(3) The assumptions and the asset value smoothing
technique established in RCW 41.45.035, as modified in the
future by the council or legislature, shall be used by the state
actuary in conducting all actuarial studies of the state
retirement systems, including actuarial fiscal notes under
RCW 44.44.040. The assumptions shall also be used for the
administration of benefits under the retirement plans listed in
RCW 41.45.020, pursuant to timelines and conditions
established by department rules. [2001 2nd sp.s. c 11 § 5;
1995 c 233 § 1; 1993 c 519 § 17; 1989 c 273 § 3.]
Effective date—2001 2nd sp.s. c 11: "Except under section 21 of
this act, this act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect July 1, 2001." [2001 2nd sp.s. c 11 §
22.]
[Title 41 RCW—page 246]
Effective date—1995 c 233: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 5, 1995]." [1995 c 233 § 4.]
Part headings not law—Effective date—1993 c 519: See notes
following RCW 28A.400.212.
41.45.035 Long-term economic assumptions—Asset
value smoothing technique. (1) Beginning July 1, 2001,
the following long-term economic assumptions shall be used
by the state actuary for the purposes of RCW 41.45.030:
(a) The growth in inflation assumption shall be 3.5
percent;
(b) The growth in salaries assumption, exclusive of
merit or longevity increases, shall be 4.5 percent;
(c) The investment rate of return assumption shall be 8
percent; and
(d) The growth in system membership assumption shall
be 1.25 percent for the public employees’ retirement system,
the school employees’ retirement system, and the law
enforcement officers’ and fire fighters’ retirement system.
The assumption shall be .90 percent for the teachers’
retirement system.
(2) Beginning with actuarial studies done after July 1,
2001, changes to plan asset values that vary from the longterm investment rate of return assumption shall be recognized over a four-year period. Beginning April 1, 2004, the
council, by affirmative vote of four councilmembers, may
adopt changes to this asset value smoothing technique. Any
changes adopted by the council shall be subject to revision
by the legislature. [2001 2nd sp.s. c 11 § 6.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.050 Contributions to be based on rates
established in this chapter—Allocation formula for
contributions. (1) Employers of members of the public
employees’ retirement system, the teachers’ retirement
system, the school employees’ retirement system, and the
Washington state patrol retirement system shall make
contributions to those systems based on the rates established
in RCW 41.45.060, *41.45.053, and 41.45.070.
(2) The state shall make contributions to the law
enforcement officers’ and fire fighters’ retirement system
plan 2 based on the rates established in RCW 41.45.060,
*41.45.053, and 41.45.070. The state treasurer shall transfer
the required contributions each month on the basis of salary
data provided by the department.
(3) The department shall bill employers, and the state
shall make contributions to the law enforcement officers’ and
fire fighters’ retirement system plan 2, using the combined
rates established in RCW 41.45.060, *41.45.053, and
41.45.070 regardless of the level of appropriation provided
in the biennial budget. Any member of an affected retirement system may, by mandamus or other appropriate proceeding, require the transfer and payment of funds as
directed in this section.
(4) The contributions received for the public employees’
retirement system shall be allocated between the public
employees’ retirement system plan 1 fund and the public
employees’ retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
(2002 Ed.)
Actuarial Funding of State Retirement Systems
the public employees’ retirement system combined plan 2
and plan 3 employer contribution shall first be deposited in
the public employees’ retirement system combined plan 2
and plan 3 fund. All remaining public employees’ retirement system employer contributions shall be deposited in the
public employees’ retirement system plan 1 fund.
(5) The contributions received for the teachers’ retirement system shall be allocated between the plan 1 fund and
the combined plan 2 and plan 3 fund as follows: The contributions necessary to fully fund the combined plan 2 and
plan 3 employer contribution shall first be deposited in the
combined plan 2 and plan 3 fund. All remaining teachers’
retirement system employer contributions shall be deposited
in the plan 1 fund.
(6) The contributions received for the school employees’
retirement system shall be allocated between the public
employees’ retirement system plan 1 fund and the school
employees’ retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the combined plan 2 and plan 3 employer contribution shall
first be deposited in the combined plan 2 and plan 3 fund.
All remaining school employees’ retirement system employer
contributions shall be deposited in the public employees’
retirement system plan 1 fund.
(7) The contributions received for the law enforcement
officers’ and fire fighters’ retirement system plan 2 shall be
deposited in the law enforcement officers’ and fire fighters’
retirement system plan 2 fund. [2002 c 26 § 5; 2001 2nd
sp.s. c 11 § 8; (2001 2nd sp.s. c 11 § 7 expired pursuant to
2001 2nd sp.s. c 11 § 20); 2000 c 247 § 503; 1998 c 341 §
403; 1995 c 239 § 308; 1989 c 273 § 5.]
*Reviser’s note: RCW 41.45.053 was repealed by 2002 c 7 § 2.
Compare provisions of RCW 41.45.054.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: See note
following RCW 41.45.010.
Effective date—2001 2nd sp. s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.054 Contribution rates—Collected through
June 30, 2002. The basic employer and state contribution
rates and plan 2 member contribution rates are changed to
reflect the 2000 actuarial valuation, incorporating the 19952000 actuarial experience study conducted by the office of
the state actuary. The results of the 2000 actuarial valuation
shall be adjusted to reflect an April 1, 2002, implementation
date.
(1) Beginning April 1, 2002, the following employer
contribution rates shall be charged:
(a) 1.10 percent for the public employees’ retirement
system; and
(b) 2.64 percent for the law enforcement officers’ and
fire fighters’ retirement system plan 2.
(2002 Ed.)
41.45.050
(2) Beginning April 1, 2002, the basic state contribution
rate for the law enforcement officers’ and fire fighters’
retirement system plan 2 shall be 1.75 percent.
(3) Beginning April 1, 2002, the following employer
contribution rates shall be charged:
(a) 0.96 percent for the school employees’ retirement
system; and
(b) 1.05 percent for the teachers’ retirement system.
(4) Beginning April 1, 2002, the following member
contribution rates shall be charged:
(a) 0.65 percent for the public employees’ retirement
system plan 2; and
(b) 4.39 percent for the law enforcement officers’ and
fire fighters’ retirement system plan 2.
(5) Beginning April 1, 2002, the following member
contribution rates shall be charged:
(a) 0.35 percent for the school employees’ retirement
system plan 2; and
(b) 0.15 percent for the teachers’ retirement system plan
2.
(6) The contribution rates in this section shall be
collected through June 30, 2003. [2002 c 7 § 1.]
Effective date—2002 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect April 1,
2002." [2002 c 7 § 3.]
41.45.060 Basic state and employer contribution
rates adopted by council. (1) The state actuary shall
provide actuarial valuation results based on the economic assumptions and asset value smoothing technique included in
RCW 41.45.035 or adopted by the council under RCW
41.45.030 or 41.45.035.
(2) Not later than September 30, 2002, and every two
years thereafter, consistent with the economic assumptions
and asset value smoothing technique included in RCW
41.45.035 or adopted under RCW 41.45.030 or 41.45.035,
the council shall adopt and may make changes to:
(a) A basic state contribution rate for the law enforcement officers’ and fire fighters’ retirement system;
(b) Basic employer contribution rates for the public
employees’ retirement system, the teachers’ retirement
system, and the Washington state patrol retirement system to
be used in the ensuing biennial period; and
(c) A basic employer contribution rate for the school
employees’ retirement system for funding both that system
and the public employees’ retirement system plan 1.
The contribution rates adopted by the council shall be
subject to revision by the legislature.
(3) The employer and state contribution rates adopted by
the council shall be the level percentages of pay that are
needed:
(a) To fully amortize the total costs of the public
employees’ retirement system plan 1, the teachers’ retirement
system plan 1, and the law enforcement officers’ and fire
fighters’ retirement system plan 1 not later than June 30,
2024, except as provided in subsection (5) of this section;
(b) To also continue to fully fund the public employees’
retirement system plans 2 and 3, the teachers’ retirement
system plans 2 and 3, the school employees’ retirement
system plans 2 and 3, and the law enforcement officers’ and
[Title 41 RCW—page 247]
41.45.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
fire fighters’ retirement system plan 2 in accordance with
RCW 41.45.061, 41.45.067, and this section; and
(c) For the law enforcement officers’ and fire fighters’
system plan 2 the rate charged to employers, except as
provided in RCW 41.26.450, shall be thirty percent of the
cost of the retirement system and the rate charged to the
state shall be twenty percent of the cost of the retirement
system.
(4) The aggregate actuarial cost method shall be used to
calculate a combined plan 2 and 3 employer contribution rate
and a Washington state patrol retirement system contribution
rate.
(5) The council shall immediately notify the directors of
the office of financial management and department of
retirement systems of the state and employer contribution
rates adopted. The rates shall be effective for the ensuing
biennial period, subject to any legislative modifications.
(6) The director of the department of retirement systems
shall collect the rates established in *RCW 41.45.053
through June 30, 2003. Thereafter, the director shall collect
those rates adopted by the council. The rates established in
*RCW 41.45.053, or by the council, shall be subject to revision by the council. [2002 c 26 § 2. Prior: 2001 2nd sp.s.
c 11 § 10; 2001 c 329 § 10; 2000 2nd sp.s. c 1 § 905; 2000
c 247 § 504; prior: 1998 c 341 § 404; 1998 c 340 § 11;
1998 c 283 § 6; 1995 c 239 § 309; 1993 c 519 § 19; 1992
c 239 § 2; 1990 c 18 § 1; 1989 c 273 § 6.]
*Reviser’s note: RCW 41.45.053 was repealed by 2002 c 7 § 2.
Compare provisions of RCW 41.45.054.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 c 329: See note following RCW 43.43.120.
Severability—Effective date—2000 2nd sp.s. c 1: See notes
following RCW 41.05.143.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Part headings not law—Effective date—1993 c 519: See notes
following RCW 28A.400.212.
Effective date—1992 c 239: "This act shall take effect September 1,
1992." [1992 c 239 § 6.]
Effective date—1990 c 18: "This act shall take effect September 1,
1991." [1990 c 18 § 3.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.061 Required contribution rates for plan 2
members. (1) The required contribution rate for members
of the plan 2 teachers’ retirement system shall be fixed at the
rates in effect on July 1, 1996, subject to the following:
(a) Beginning September 1, 1997, except as provided in
(b) of this subsection, the employee contribution rate shall
not exceed the employer plan 2 and 3 rates adopted under
RCW 41.45.060, *41.45.053, and 41.45.070 for the teachers’
retirement system;
(b) In addition, the employee contribution rate for plan
2 shall be increased by fifty percent of the contribution rate
increase caused by any plan 2 benefit increase passed after
July 1, 1996;
[Title 41 RCW—page 248]
(c) In addition, the employee contribution rate for plan
2 shall not be increased as a result of any distributions
pursuant to section 309, chapter 341, Laws of 1998 and
RCW 41.31A.020.
(2) The required contribution rate for members of the
school employees’ retirement system plan 2 shall equal the
school employees’ retirement system employer plan 2 and 3
contribution rate adopted under RCW 41.45.060, *41.45.053,
and 41.45.070, except as provided in subsection (3) of this
section.
(3) The member contribution rate for the school
employees’ retirement system plan 2 shall be increased by
fifty percent of the contribution rate increase caused by any
plan 2 benefit increase passed after September 1, 2000.
(4) The required contribution rate for members of the
public employees’ retirement system plan 2 shall be set at
the same rate as the employer combined plan 2 and plan 3
rate.
(5) The required contribution rate for members of the
law enforcement officers’ and fire fighters’ retirement
system plan 2 shall be set at fifty percent of the cost of the
retirement system.
(6) The employee contribution rates for plan 2 under
subsections (3) and (4) of this section shall not include any
increase as a result of any distributions pursuant to RCW
41.31A.020 and 41.31A.030.
(7) The required plan 2 and 3 contribution rates for
employers shall be adopted in the manner described in RCW
41.45.060, *41.45.053, and 41.45.070. [2001 2nd sp.s. c 11
§ 13; 2001 2nd sp.s. c 11 § 12; 2001 c 180 § 1. Prior:
2000 c 247 § 506; 2000 c 230 § 2; 1998 c 341 § 405; 1997
c 10 § 2; 1995 c 239 § 311.]
Reviser’s note: *(1) RCW 41.45.053 was repealed by 2002 c 7 § 2.
(2) This section was amended by 2001 c 180 § 1, 2001 2nd sp.s. c 11
§ 12, and by 2001 2nd sp.s. c 11 § 13, each without reference to the other.
All amendments are incorporated in the publication of this section under
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 c 180 §§ 1 and 2: "Sections 1 and 2 of this act
take effect March 1, 2002." [2001 c 180 § 6.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—2000 c 230: See note following RCW 41.35.630.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
41.45.0631 Contribution rate. Beginning July 1,
2001, the required contribution rate for members of the
Washington state patrol retirement system shall be two
percent or equal to the employer rate adopted under RCW
41.45.060 and 41.45.070 for the Washington state patrol
retirement system, whichever is greater. [2001 c 329 § 11.]
Effective date—2001 c 329: See note following RCW 43.43.120.
41.45.067 Failure of state or employer to make
required contribution—Resulting increase in contribution
rate borne in full by state or employer—Members’
(2002 Ed.)
Actuarial Funding of State Retirement Systems
contribution deducted each payroll period. (1) Any
increase in the contribution rate required as the result of a
failure of the state or of an employer to make any contribution required by this section shall be borne in full by the
state or by that employer not making the contribution.
(2) The director shall notify all employers of any
pending adjustment in the required contribution rate and such
pending adjustment in the required contribution rate and any
increase shall be announced at least thirty days prior to the
effective date of the change.
(3) Members’ contributions required by RCW 41.45.060
and 41.45.061 shall be deducted from the members’ compensation each payroll period. The members’ contribution and
the employers’ contribution shall be remitted directly to the
department within fifteen days following the end of the calendar month during which the payroll period ends.
(4) The state’s contribution required for the law enforcement officers’ and fire fighters’ retirement system plan 2
shall be transferred to the appropriate fund from the total
contributions transferred by the state treasurer under RCW
41.45.050. [2001 2nd sp.s. c 11 § 14; 2000 c 247 § 507.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.45.070 Supplemental rate. (1) In addition to the
basic employer contribution rate established in RCW
41.45.060 or *41.45.053, the department shall also charge
employers of public employees’ retirement system, teachers’
retirement system, school employees’ retirement system, or
Washington state patrol retirement system members an
additional supplemental rate to pay for the cost of additional
benefits, if any, granted to members of those systems.
Except as provided in subsections (6) and (7) of this section,
the supplemental contribution rates required by this section
shall be calculated by the state actuary and shall be charged
regardless of language to the contrary contained in the
statute which authorizes additional benefits.
(2) In addition to the basic state contribution rate
established in RCW 41.45.060 or *41.45.053 for the law
enforcement officers’ and fire fighters’ retirement system
plan 2, the department shall also establish a supplemental
rate to pay for the cost of additional benefits, if any, granted
to members of the law enforcement officers’ and fire
fighters’ retirement system plan 2. Except as provided in
subsection (6) of this section, this supplemental rate shall be
calculated by the state actuary and the state treasurer shall
transfer the additional required contributions regardless of
language to the contrary contained in the statute which
authorizes the additional benefits.
(3) The supplemental rate charged under this section to
fund benefit increases provided to active members of the
public employees’ retirement system plan 1, the teachers’
retirement system plan 1, and Washington state patrol
retirement system, shall be calculated as the level percentage
of all members’ pay needed to fund the cost of the benefit
not later than June 30, 2024.
(4) The supplemental rate charged under this section to
fund benefit increases provided to active and retired members of the public employees’ retirement system plan 2 and
plan 3, the teachers’ retirement system plan 2 and plan 3, the
(2002 Ed.)
41.45.067
school employees’ retirement system plan 2 and plan 3, or
the law enforcement officers’ and fire fighters’ retirement
system plan 2, shall be calculated as the level percentage of
all members’ pay needed to fund the cost of the benefit, as
calculated under RCW 41.45.060, 41.45.061, or 41.45.067.
(5) The supplemental rate charged under this section to
fund postretirement adjustments which are provided on a
nonautomatic basis to current retirees shall be calculated as
the percentage of pay needed to fund the adjustments as they
are paid to the retirees. The supplemental rate charged
under this section to fund automatic postretirement adjustments for active or retired members of the public employees’
retirement system plan 1 and the teachers’ retirement system
plan 1 shall be calculated as the level percentage of pay
needed to fund the cost of the automatic adjustments not
later than June 30, 2024.
(6) A supplemental rate shall not be charged to pay for
the cost of additional benefits granted to members pursuant
to chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for
the cost of additional benefits granted to members pursuant
to chapter 41.31A RCW; section 309, chapter 341, Laws of
1998; or section 701, chapter 341, Laws of 1998. [2001 2nd
sp.s. c 11 § 16; 2001 2nd sp.s. c 11 § 15; 2000 c 247 § 505;
1998 c 340 § 10; 1995 c 239 § 310; 1990 c 18 § 2; 1989 1st
ex.s. c 1 § 1; 1989 c 273 § 7.]
Reviser’s note: *(1) RCW 41.45.053 was repealed by 2002 c 7 § 2.
(2) This section was amended by 2001 2nd sp.s. c 11 § 15 and by
2001 2nd sp.s. c 11 § 16, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Effective date—1990 c 18: See note following RCW 41.45.060.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.080 Additional contributions may be required. In addition to the basic and supplemental employer
contributions required by RCW 41.45.060, *41.45.053, and
41.45.070, the department may also require additional
employer contributions as provided by law. [2001 2nd sp.s.
c 11 § 17; 1989 c 273 § 8.]
*Reviser’s note: RCW 41.45.053 was repealed by 2002 c 7 § 2.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.090 Collection of actuarial data. The department shall collect and keep in convenient form such data as
shall be necessary for an actuarial valuation of the assets and
liabilities of the state retirement systems, and for making an
actuarial investigation into the mortality, service, compensation, and other experience of the members and beneficiaries
of those systems. The department and state actuary shall
[Title 41 RCW—page 249]
41.45.090
Title 41 RCW: Public Employment, Civil Service, and Pensions
enter into a memorandum of understanding regarding the
specific data the department will collect, when it will be
collected, and how it will be maintained. The department
shall notify the state actuary of any changes it makes, or
intends to make, in the collection and maintenance of such
data.
At least once in each six-year period, the state actuary
shall conduct an actuarial experience study of the mortality,
service, compensation and other experience of the members
and beneficiaries of each state retirement system, and into
the financial condition of each system. The results of each
investigation shall be filed with the department, the office of
financial management, the budget writing committees of the
Washington house of representatives and senate, and the
pension funding council. Upon the basis of such actuarial
investigation the department shall adopt such tables,
schedules, factors, and regulations as are deemed necessary
in the light of the findings of the actuary for the proper
operation of the state retirement systems. [1998 c 283 § 7;
1989 c 273 § 9.]
41.45.100 Pension funding council—Created. (1)
The pension funding council is hereby created. The council
consists of the:
(a) Director of the department of retirement systems;
(b) Director of the office of financial management;
(c) Chair and ranking minority member of the house of
representatives appropriations committee; and
(d) Chair and ranking minority member of the senate
ways and means committee.
The council may select officers as the members deem
necessary.
(2) The pension funding council shall adopt changes to
economic assumptions and contribution rates by an affirmative vote of at least four members. [1998 c 283 § 2.]
41.45.110 Pension funding council—Audits required. The pension funding council shall solicit and
administer a biennial actuarial audit of the actuarial valuations used for rate-setting purposes. This audit will be
conducted concurrent with the actuarial valuation performed
by the state actuary. At least once in each six-year period,
the pension funding council shall solicit and administer an
actuarial audit of the results of the experience study required
in RCW 41.45.090. [1998 c 283 § 3.]
41.45.120 Pension funding work group. (1) A
pension funding work group is hereby created. The work
group shall consist of one staff member selected by the
executive head or chairperson of each of the following
agencies or committees:
(a) Department of retirement systems;
(b) Office of financial management;
(c) State investment board;
(d) Ways and means committee of the senate;
(e) Appropriations committee of the house of representatives; and
(f) Economic and revenue forecast council.
(2) The state actuary shall make available to the work
group information related to economic assumptions and
contribution rates.
[Title 41 RCW—page 250]
(3) The pension funding work group shall provide
support to the pension funding council. Meetings of the
pension funding work group may be called by any member
of the group for the purpose of assisting the pension funding
council, reviewing actuarial valuations of the state retirement
systems, reviewing economic assumptions, or for any other
purpose which may assist the pension funding council.
(4) Recommendations from both affected employee and
employer groups will be actively sought during the work
group process. The work group shall conduct an open public
meeting on these recommendations. [1998 c 283 § 4.]
41.45.130 Public employees’ retirement system plan
2 assets divided—Assets transferred to school employees’
retirement system. Upon the advice of the state actuary,
the state treasurer shall divide the assets in the public
employees’ retirement system plan 2 as of September 1,
2000, in such a manner that sufficient assets remain in plan
2 to maintain the employee contribution rate calculated in
the latest actuarial valuation of the public employees’
retirement system plan 2. The state actuary shall take into
account changes in assets that occur between the latest
actuarial valuation and the date of transfer. The balance of
the assets shall be transferred to the Washington school
employees’ retirement system plan 2 and 3. [1998 c 341 §
407.]
Effective date—1998 c 341: See RCW 41.35.901.
41.45.900 Severability—1989 c 273. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 273 § 32.]
41.45.902 Severability—2001 2nd sp.s. c 11. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2001 2nd sp.s. c 11 § 19.]
Chapter 41.47
ACCEPTANCE OF OLD AGE AND SURVIVORS’
INSURANCE—1941 ACT
Sections
41.47.010 Benefits of federal act accepted.
41.47.020 Wage deductions.
41.47.030 Operation of statute limited.
41.47.040 Severability as to coverage.
41.47.050 Contingent effective date.
Designation of agency to carry out federal social security disability
program: RCW 43.17.120, 43.17.130.
41.47.010 Benefits of federal act accepted. The state
of Washington in behalf of all its eligible officials and
employees and the eligible officials and employees of all its
counties, cities and towns, and of any and all other of its
municipal corporations and political subdivisions which levy
taxes and employ and pay salaries and wages to officials and
employees including public utility districts, hereby accepts
the benefits of the old age and survivors’ insurance benefit
(2002 Ed.)
Acceptance of Old Age and Survivors’ Insurance—1941 Act
provisions of the federal social security act, whenever the
provisions of such act are extended to embrace such officials
and employees. [1941 c 205 § 1; Rem. Supp. 1941 §
9998-57. Formerly RCW 74.40.010.]
41.47.020 Wage deductions. Any and all officials
and boards having charge of the preparation of payrolls and
payment of salaries and wages to such eligible officials and
employees are hereby authorized and directed to make
payroll and salary and wage deductions and to handle and
dispose of the same as required by such federal act; and any
official or board being authorized to disburse funds respectively for the office, department or division of the state,
county, city or town, or other municipal corporation or
political subdivision in which any such eligible official or
employee is employed is authorized to pay and disburse out
of any funds available for the operation and maintenance of
such office, department or division such sums and dispose of
and handle the same in such manner as is required and
necessary to make payments and benefits of said federal act
available to such eligible officials and employees. [1941 c
205 § 2; Rem. Supp. 1941 § 9998-58. Formerly RCW
74.40.020.]
41.47.030 Operation of statute limited. Nothing
contained in this chapter shall deprive any person of benefits
under any existing pension system, nor repeal, amend,
modify or supersede any law, charter amendment or ordinance establishing or pertaining to an existing pension
system. [1941 c 205 § 3; Rem. Supp. 1941 § 9998-59.
Formerly RCW 74.40.030.]
41.47.040 Severability as to coverage. If it is found
by any judicial authority of competent jurisdiction that the
provisions of this chapter may not become applicable to any
group of officials or employees for any reason, such inapplicability shall not prevent the same from becoming applicable
as herein provided to the other officials and employees
embraced herein. [1941 c 205 § 4; Rem. Supp. 1941 §
9998-60. Formerly RCW 74.40.040.]
41.47.050 Contingent effective date. This chapter
shall take effect at the time and in the manner provided by
the state Constitution unless at that time the federal social
security act has not been amended to cover officials and
employees of the state, county, city and other municipal
corporations and political subdivisions, in which event it
shall take effect and become operative on the first day of the
second month following the month when such federal act
shall become applicable to such state officials and employees. [1941 c 205 § 5; Rem. Supp. 1941 § 9998-61. Formerly RCW 74.40.050.]
Chapter 41.48
FEDERAL SOCIAL SECURITY FOR
PUBLIC EMPLOYEES
Sections
41.48.010
41.48.020
(2002 Ed.)
Purpose—Construction.
Definitions.
41.47.010
41.48.030
41.48.040
41.48.050
Agreement with secretary of health, education, and welfare.
Employees’ contributions.
Extension of social security benefits to employees of political subdivisions—Termination, procedure.
41.48.060 OASI contribution account.
41.48.065 OASI revolving fund.
41.48.070 Employees may elect.
41.48.080 Administration costs—Allocation.
41.48.090 Rules and regulations.
41.48.100 Governor may delegate authority.
41.48.110 Legislative declaration—Payments to state employees on
account of sickness.
41.48.120 Sick leave account created—Payments to state employees on
account of sickness—Exclusion from wages.
41.48.130 Sick leave payments—Accounting plan and payroll procedures.
41.48.140 Establishment of sick leave rules by personnel authorities.
41.48.150 Definition—"Employee."
41.48.160 Political subdivisions—Sick leave payments—Adoption of
accounting plan and payroll procedures.
41.48.170 Sick leave payments—Transfers of moneys to sick leave
account.
41.48.180 Sick leave payments—Inclusion in reports to retirement
system—Compensation for unused sick leave.
Acceptance of old age and survivors’ insurance: Chapter 41.47 RCW.
Application forms—Licenses—Mention of race or religion prohibited: RCW
43.01.100, 43.01.110.
Hours and wages of department of social and health services personnel:
RCW 72.01.042, 72.01.043.
Plan for OASI coverage of members of
state employees’ retirement system: Chapter 41.41 RCW.
teachers’ retirement system: Chapter 41.33 RCW.
Trusts for employee benefits: Chapter 49.64 RCW.
41.48.010 Purpose—Construction. In order to
extend to employees of the state and its political subdivisions
and to the dependents and survivors of such employees, the
basic protection accorded to others by the old age and
survivors insurance system embodied in the social security
act, it is hereby declared to be the policy of the legislature,
subject to the limitations of this chapter, that such steps be
taken as to provide such protection to employees of the state
and its political subdivisions on as broad a basis as is
permitted under the social security act. Persons now
members of or protected by any state or local pension or
retirement plan or system may be covered under the federal
social security act only as provided by the federal social
security act amendments of 1954. (Public Law No. 761.)
It is hereby declared to be the policy of the legislature in
enacting the succeeding sections of this title that the protection afforded the employees in positions covered by a
retirement system on the date an agreement under this title
is made applicable to service performed in such positions, or
receiving periodic benefits under such retirement system at
such time, will not be impaired as the result of making the
agreements so applicable whether the agreement provides for
supplementation, integration or coordination. [1955 ex.s. c
4 § 1; 1951 c 184 § 1.]
41.48.020 Definitions. For the purposes of this
chapter:
(1) "Wages" means all remuneration for employment as
defined herein, including the cash value of all remuneration
paid in any medium other than cash, except that such term
shall not include that part of such remuneration which, even
if it were for "employment" within the meaning of the
[Title 41 RCW—page 251]
41.48.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
federal insurance contributions act, would not constitute
"wages" within the meaning of that act;
(2) "Employment" means any service performed by an
employee in the employ of the state, or any political subdivision thereof, for such employer, except (a) service which in
the absence of an agreement entered into under this chapter
would constitute "employment" as defined in the social
security act; or (b) service which under the social security
act may not be included in an agreement between the state
and the secretary of health, education, and welfare entered
into under this chapter;
(3) "Employee" includes all officers and employees of
the state or its political subdivisions except officials compensated on a fee basis;
(4) "Secretary of health, education, and welfare"
includes any individual to whom the secretary of health,
education, and welfare has delegated any of his functions
under the social security act with respect to coverage under
such act of employees of states and their political subdivisions, and with respect to any action taken prior to April 11,
1953, includes the federal security administrator and any
individual to whom such administrator has delegated any
such function;
(5) "Political subdivision" includes an instrumentality of
the state, of one or more of its political subdivisions, or of
the state and one or more of its political subdivisions. Such
term also includes a proprietary enterprise acquired, purchased or originated by the state or any of its political
subdivisions subsequent to December, 1950. Such a subdivision may elect to accept federal OASI coverage under this
chapter.
(6) "Federal insurance contributions act" means subchapter A of chapter 9 of the federal internal revenue code
of 1939 and subchapters A and B of chapter 21 of the
federal internal revenue code of 1954, as such codes have
been and may from time to time be amended; and the term
"employee tax" means the tax imposed by section 1400 of
such code of 1939 and section 3101 of such code of 1954.
[1955 ex.s. c 4 § 2; 1953 c 62 § 1; 1951 c 184 § 2.]
41.48.030 Agreement with secretary of health,
education, and welfare. (1) The governor is hereby
authorized to enter on behalf of the state into an agreement
with the secretary of health, education, and welfare consistent with the terms and provisions of this chapter, for the
purpose of extending the benefits of the federal old-age and
survivors insurance system to employees of the state or any
political subdivision not members of an existing retirement
system, or to members of a retirement system established by
the state or by a political subdivision thereof or by an
institution of higher learning with respect to services
specified in such agreement which constitute "employment"
as defined in RCW 41.48.020. Such agreement may contain
such provisions relating to coverage, benefits, contributions,
effective date, modification and termination of the agreement, administration, and other appropriate provisions as the
governor and secretary of health, education, and welfare
shall agree upon, but, except as may be otherwise required
by or under the social security act as to the services to be
covered, such agreement shall provide in effect that—
[Title 41 RCW—page 252]
(a) Benefits will be provided for employees whose
services are covered by the agreement (and their dependents
and survivors) on the same basis as though such services
constituted employment within the meaning of title II of the
social security act;
(b) The state will pay to the secretary of the treasury, at
such time or times as may be prescribed under the social
security act, contributions with respect to wages (as defined
in RCW 41.48.020), equal to the sum of the taxes which
would be imposed by the federal insurance contributions act
if the services covered by the agreement constituted employment within the meaning of that act;
(c) Such agreement shall be effective with respect to
services in employment covered by the agreement or
modification thereof performed after a date specified therein
but in no event may it be effective with respect to any such
services performed prior to the first day of the calendar year
immediately preceding the calendar year in which such
agreement or modification of the agreement is accepted by
the secretary of health, education and welfare.
(d) All services which constitute employment as defined
in RCW 41.48.020 and are performed in the employ of the
state by employees of the state, shall be covered by the
agreement;
(e) All services which (i) constitute employment as
defined in RCW 41.48.020, (ii) are performed in the employ
of a political subdivision of the state, and (iii) are covered
by a plan which is in conformity with the terms of the
agreement and has been approved by the governor under
RCW 41.48.050, shall be covered by the agreement; and
(f) As modified, the agreement shall include all services
described in either paragraph (d) or paragraph (e) of this
subsection and performed by individuals to whom section
218(c)(3)(C) of the social security act is applicable, and shall
provide that the service of any such individual shall continue
to be covered by the agreement in case he thereafter becomes eligible to be a member of a retirement system; and
(g) As modified, the agreement shall include all services
described in either paragraph (d) or paragraph (e) of this
subsection and performed by individuals in positions covered
by a retirement system with respect to which the governor
has issued a certificate to the secretary of health, education,
and welfare pursuant to subsection (5) of this section.
(h) Law enforcement officers and firemen of each
political subdivision of this state who are covered by the
Washington Law Enforcement Officers’ and Fire Fighters’
Retirement System Act (chapter 209, Laws of 1969 ex. sess.)
as now in existence or hereafter amended shall constitute a
separate "coverage group" for purposes of the agreement
entered into under this section and for purposes of section
218 of the social security act. To the extent that the
agreement between this state and the federal secretary of
health, education, and welfare in existence on the date of
adoption of this subsection is inconsistent with this subsection, the governor shall seek to modify the inconsistency.
(2) Any instrumentality jointly created by this state and
any other state or states is hereby authorized, upon the
granting of like authority by such other state or states, (a) to
enter into an agreement with the secretary of health, education, and welfare whereby the benefits of the federal old-age
and survivors insurance system shall be extended to employees of such instrumentality, (b) to require its employees to
(2002 Ed.)
Federal Social Security for Public Employees
pay (and for that purpose to deduct from their wages)
contributions equal to the amounts which they would be
required to pay under RCW 41.48.040(1) if they were
covered by an agreement made pursuant to subsection (1) of
this section, and (c) to make payments to the secretary of the
treasury in accordance with such agreement, including
payments from its own funds, and otherwise to comply with
such agreements. Such agreement shall, to the extent
practicable, be consistent with the terms and provisions of
subsection (1) and other provisions of this chapter.
(3) The governor is empowered to authorize a referendum, and to designate an agency or individual to supervise
its conduct, in accordance with the requirements of section
218(d)(3) of the social security act, and subsection (4) of this
section on the question of whether service in all positions
covered by a retirement system established by the state or by
a political subdivision thereof should be excluded from or
included under an agreement under this chapter. If a
retirement system covers positions of employees of the state
of Washington, of the institutions of higher learning, and
positions of employees of one or more of the political
subdivisions of the state, then for the purpose of the referendum as provided herein, there may be deemed to be a separate retirement system with respect to employees of the state,
or any one or more of the political subdivisions, or institutions of higher learning and the governor shall authorize a
referendum upon request of the subdivisions’ or institutions’
of higher learning governing body: PROVIDED HOWEVER, That if a referendum of state employees generally fails
to produce a favorable majority vote then the governor may
authorize a referendum covering positions of employees in
any state department who are compensated in whole or in
part from grants made to this state under title III of the
federal social security act: PROVIDED, That any city or
town affiliated with the statewide city employees retirement
system organized under chapter 41.44 RCW may at its
option agree to a plan submitted by the board of trustees of
said statewide city employees retirement system for inclusion
under an agreement under this chapter if the referendum to
be held as provided herein indicates a favorable result:
PROVIDED FURTHER, That the teachers’ retirement
system be considered one system for the purpose of the
referendum except as applied to the several *colleges of
education. The notice of referendum required by section
218(d)(3)(C) of the social security act to be given to employees shall contain or shall be accompanied by a statement, in
such form and such detail as the agency or individual
designated to supervise the referendum shall deem necessary
and sufficient, to inform the employees of the rights which
will accrue to them and their dependents and survivors, and
the liabilities to which they will be subject, if their services
are included under an agreement under this chapter.
(4) The governor, before authorizing a referendum, shall
require the following conditions to be met:
(a) The referendum shall be by secret written ballot on
the question of whether service in positions covered by such
retirement system shall be excluded from or included under
the agreement between the governor and the secretary of
health, education, and welfare provided for in RCW
41.48.030(1);
(b) An opportunity to vote in such referendum shall be
given and shall be limited to eligible employees;
(2002 Ed.)
41.48.030
(c) Not less than ninety days’ notice of such referendum
shall be given to all such employees;
(d) Such referendum shall be conducted under the
supervision (of the governor or) of an agency or individual
designated by the governor;
(e) The proposal for coverage shall be approved only if
a majority of the eligible employees vote in favor of including services in such positions under the agreement;
(f) The state legislature, in the case of a referendum
affecting the rights and liabilities of state employees covered
under the state employees’ retirement system and employees
under the teachers’ retirement system, and in all other cases
the local legislative authority or governing body, shall have
specifically approved the proposed plan and approved any
necessary structural adjustment to the existing system to
conform with the proposed plan.
(5) Upon receiving satisfactory evidence that with
respect to any such referendum the conditions specified in
subsection (4) of this section and section 218(d)(3) of the
social security act have been met, the governor shall so
certify to the secretary of health, education, and welfare.
(6) If the legislative body of any political subdivision of
this state certifies to the governor that a referendum has been
held under the terms of RCW 41.48.050(1)(i) and gives
notice to the governor of termination of social security for
any coverage group of the political subdivision, the governor
shall give two years advance notice in writing to the federal
department of health, education, and welfare of such termination of the agreement entered into under this section with
respect to said coverage group. [1971 ex.s. c 257 § 19;
1967 c 5 § 1; 1957 c 170 § 1; 1955 ex.s. c 4 § 3; 1951 c
184 § 3.]
*Reviser’s note: The "colleges of education" were redesignated state
colleges by 1961 c 62 § 1, formerly RCW 28.81.005, decodified in the 1969
education code. See also RCW 28B.10.016.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.48.040 Employees’ contributions. (1) Every
employee of the state whose services are covered by an
agreement entered into under RCW 41.48.030 shall be
required to pay for the period of such coverage, into the
*contribution fund established by RCW 41.48.060, contributions, with respect to wages (as defined in RCW 41.48.020),
equal to the amount of employee tax which would be
imposed by the federal insurance contributions act if such
services constituted employment within the meaning of that
act. Such liability shall arise in consideration of the
employees’ retention in the service of the state, or his entry
upon such service, after the enactment of this chapter.
(2) The contribution imposed by this section shall be
collected by deducting the amount of the contribution from
wages as and when paid, but failure to make such deduction
shall not relieve the employee from liability for such
contribution.
(3) If more or less than the correct amount of the
contribution imposed by this section is paid or deducted with
respect to any remuneration, proper adjustments, or refund
if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency
shall prescribe. [1955 ex.s. c 4 § 4; 1951 c 184 § 4.]
[Title 41 RCW—page 253]
41.48.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
41.48.050 Extension of social security benefits to
employees of political subdivisions—Termination, procedure. (1) Each political subdivision of the state is hereby
authorized to submit for approval by the governor a plan for
extending the benefits of title II of the social security act, in
conformity with the applicable provisions of such act, to
those employees of such political subdivisions who are not
covered by an existing pension or retirement system. Each
pension or retirement system established by the state or a
political subdivision thereof is hereby authorized to submit
for approval by the governor a plan for extending the
benefits of title II of the social security act, in conformity
with applicable provisions of such act, to members of such
pension or retirement system. Each such plan and any
amendment thereof shall be approved by the governor if he
finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations
of the governor, except that no such plan shall be approved
unless—
(a) It is in conformity with the requirements of the
social security act and with the agreement entered into under
RCW 41.48.030;
(b) It provides that all services which constitute employment as defined in RCW 41.48.020 and are performed in the
employ of the political subdivision by employees thereof,
shall be covered by the plan;
(c) It specifies the source or sources from which the
funds necessary to make the payments required by paragraph
(a) of subsection (3) and by subsection (4) of this section are
expected to be derived and contains reasonable assurance
that such sources will be adequate for such purposes;
(d) It provides that in the plan of coverage for members
of the state teachers’ retirement system or for state employee
members of the state employees’ retirement system, there
shall be no additional cost to or involvement of the state
until such plan has received prior approval by the legislature;
(e) It provides for such methods of administration of the
plan by the political subdivision as are found by the governor to be necessary for the proper and efficient administration of the plan;
(f) It provides that the political subdivision will make
such reports, in such form and containing such information,
as the governor may from time to time require and comply
with such provisions as the governor or the secretary of
health, education, and welfare may from time to time find
necessary to assure the correctness and verification of such
reports; and
(g) It authorizes the governor to terminate the plan in its
entirety, in his discretion, if he finds that there has been a
failure to comply substantially with any provision contained
in such plan, such termination to take effect at the expiration
of such notice and on such conditions as may be provided by
regulations of the governor and may be consistent with the
provisions of the social security act.
(h) It provides that law enforcement officers and fire
fighters of each political subdivision of this state who are
covered by the Washington Law Enforcement Officers’ and
Fire Fighters’ Retirement System Act (chapter 209, Laws of
1969 ex. sess.) as now in existence or hereafter amended
[Title 41 RCW—page 254]
shall constitute a separate "coverage group" for purposes of
the plan or agreement entered into under this section and for
purposes of section 216 of the social security act. To the
extent that the plan or agreement entered into between the
state and any political subdivision of this state is inconsistent
with this subsection, the governor shall seek to modify the
inconsistency.
(i) It provides that the plan or agreement may be
terminated by any political subdivision as to any such
coverage group upon giving at least two years advance
notice in writing to the governor, effective at the end of the
calendar quarter specified in the notice. It shall specify that
before notice of such termination is given, a referendum
shall be held among the members of the coverage group
under the following conditions:
(i) The referendum shall be conducted under the
supervision of the legislative body of the political subdivision.
(ii) Not less than sixty days’ notice of such referendum
shall be given to members of the coverage group.
(iii) An opportunity to vote by secret ballot in such
referendum shall be given and shall be limited to all members of the coverage group.
(iv) The proposal for termination shall be approved only
if a majority of the coverage group vote in favor of termination.
(v) If a majority of the coverage group vote in favor of
termination, the legislative body of the political subdivision
shall certify the results of the referendum to the governor
and give notice of termination of such coverage group.
(2) The governor shall not finally refuse to approve a
plan submitted by a political subdivision under subsection
(1), and shall not terminate an approved plan, without
reasonable notice and opportunity for hearing to the political
subdivision affected thereby.
(3)(a) Each political subdivision as to which a plan has
been approved under this section shall pay into the *contribution fund, with respect to wages (as defined in RCW
41.48.020), at such time or times as the governor may by
regulation prescribe, contributions in the amounts and at the
rates specified in the applicable agreement entered into by
the governor under RCW 41.48.030.
(b) Each political subdivision required to make payments under paragraph (a) of this subsection is authorized,
in consideration of the employee’s retention in, or entry
upon, employment after enactment of this chapter, to impose
upon each of its employees, as to services which are covered
by an approved plan, a contribution with respect to his
wages (as defined in RCW 41.48.020), not exceeding the
amount of employee tax which is imposed by the federal
insurance contributions act, and to deduct the amount of such
contribution from his wages as and when paid. Contributions so collected shall be paid into the *OASI contribution
fund in partial discharge of the liability of such political
subdivision or instrumentality under paragraph (a) of this
subsection. Failure to deduct such contribution shall not
relieve the employee or employer of liability therefor.
(4) Delinquent reports and payments due under paragraph (f) of subsection (1) and paragraph (a) of subsection
(3) of this section will be subject to an added interest charge
of six percent per year or, if higher, the rate chargeable to
the state by the secretary by virtue of federal law, if the late
(2002 Ed.)
Federal Social Security for Public Employees
report or payment contributes to any federal penalty for late
filing of reports or for late deposit of contributions. Delinquent contributions, interest and penalties may be recovered
by civil action or may, at the request of the governor, be
deducted from any other moneys payable to the political
subdivision by any department or agency of the state. [1981
c 119 § 1; 1971 ex.s. c 257 § 20; 1955 ex.s. c 4 § 5; 1951
c 184 § 5.]
*Reviser’s note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Law enforcement officers’ and fire fighters’ retirement system: Chapter
41.26 RCW.
Public employees’ retirement system: Chapter 41.40 RCW.
Teachers’ retirement system: Chapter 41.32 RCW.
41.48.060 OASI contribution account. (1) There is
hereby established a special account in the state treasury to
be known as the OASI contribution account. Such account
shall consist of and there shall be deposited in such account:
(a) All contributions and penalties collected under RCW
41.48.040 and 41.48.050; (b) all moneys appropriated thereto
under this chapter; (c) any property or securities belonging
to the account; and (d) all sums recovered upon the bond of
the custodian or otherwise for losses sustained by the
account and all other moneys received for the account from
any other source. All moneys in the account shall be
mingled and undivided. Subject to the provisions of this
chapter, the governor is vested with full power, authority and
jurisdiction over the account, including all moneys and
property or securities belonging thereto, and may perform
any and all acts whether or not specifically designated,
which are necessary to the administration thereof and are
consistent with the provisions of this chapter.
(2) The OASI contribution account shall be established
and held separate and apart from any other funds of the state
and shall be used and administered exclusively for the
purpose of this chapter. Withdrawals from such account
shall be made for, and solely for (a) payment of amounts
required to be paid to the secretary of the treasury pursuant
to an agreement entered into under RCW 41.48.030; (b)
payment of refunds provided for in RCW 41.48.040(3); and
(c) refunds of overpayments, not otherwise adjustable, made
by a political subdivision or instrumentality.
(3) From the OASI contribution account the custodian
of the fund [account] shall pay to the secretary of the
treasury such amounts and at such time or times as may be
directed by the governor in accordance with any agreement
entered into under RCW 41.48.030 and the social security
act.
(4) The treasurer of the state shall be ex officio treasurer
and custodian of the OASI contribution account and shall
administer such account in accordance with the provisions of
this chapter and the directions of the governor and shall pay
all warrants drawn upon it in accordance with the provisions
of this section and with the regulations as the governor may
prescribe pursuant thereto. [1991 sp.s. c 13 § 112; 1973 c
126 § 14; 1967 c 213 § 1; 1951 c 184 § 6.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
(2002 Ed.)
41.48.050
41.48.065 OASI revolving fund. There is hereby
established a separate fund in the custody of the state
treasurer to be known as the OASI revolving fund. The
fund shall consist of all moneys designated for deposit in the
fund. The OASI revolving fund shall be used exclusively
for the purpose of this section. Withdrawals from the fund
shall be made for the payment of amounts the state may be
obligated to pay or forfeit by reason of any failure of any
public agency to pay assessments on contributions or interest
assessments required under the federal-state agreement under
this chapter or federal regulations.
The treasurer of the state shall be ex officio treasurer
and custodian of the fund and shall administer the fund in
accordance with this chapter and the directions of the
governor and shall pay all amounts drawn upon it in accordance with this section and with the regulations the governor
may prescribe under this section. [1991 sp.s. c 13 § 111;
1983 1st ex.s. c 6 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Establishment of fund—1983 1st ex.s. c 6: "For the purpose of
establishing the OASI revolving fund, the state treasurer shall transfer from
the interest earnings accrued in the OASI contribution fund the sum of
twenty thousand dollars to the OASI revolving fund." [1983 1st ex.s. c 6
§ 2.]
41.48.070 Employees may elect. The governing body
of any political subdivision having any coverage group, as
the term is defined in title II of the social security act, not
covered by a state or municipal retirement system may
submit for an advisory vote to the members of such coverage
group the question of whether they prefer coverage by
federal old-age and survivors insurance or coverage by a
state or municipal retirement system. [1951 c 184 § 7.]
41.48.080 Administration costs—Allocation. All
costs allocable to the administration of this chapter shall be
charged to and paid to the general fund by the participating
divisions and instrumentalities of the state pro rata according
to their respective contributions. [1951 c 184 § 9.]
41.48.090 Rules and regulations. The governor shall
make and publish such rules and regulations, not inconsistent
with the provisions of this chapter, as he finds necessary or
appropriate to the efficient administration of the functions
with which he is charged under this chapter. [1951 c 184 §
10.]
41.48.100 Governor may delegate authority. Any
authority conferred upon the governor by this chapter may
be exercised by an official or state agency designated by
him. [1951 c 184 § 11.]
41.48.110 Legislative declaration—Payments to
state employees on account of sickness. It is the policy of
the state of Washington to pay its employees on account of
sickness or accident disability in accordance with applicable
leave regulations and in such a manner so such payments are
excluded from federal old age and survivors’ insurance
contribution requirements. [1979 ex.s. c 247 § 3.]
[Title 41 RCW—page 255]
41.48.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.48.120 Sick leave account created—Payments to
state employees on account of sickness—Exclusion from
wages. There is created in the general fund a separate
account to be known as the sick leave account, to be used
for payments made after January 1, 1980, to state employees
made on account of sickness, for the purpose of excluding
such payments from the meaning of "wages" under federal
old age and survivors’ insurance. The legislature shall
appropriate amounts necessary for the account. [1979 c 152
§ 1.]
Severability—1979 c 152: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 152 § 8.]
41.48.130 Sick leave payments—Accounting plan
and payroll procedures. The director of the office of
financial management shall, by January 1, 1980, develop an
accounting plan and payroll procedures sufficient to meet the
requirements of federal statutes and regulations for the
purpose of implementing RCW 41.48.120. [1979 c 152 § 2.]
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.140 Establishment of sick leave rules by
personnel authorities. Nothing in RCW 41.48.120 or
41.48.130 shall affect the power of the Washington personnel resources board or any other state personnel authority to
establish sick leave rules except as may be required under
RCW 41.48.120 or 41.48.130: PROVIDED, That each
personnel board and personnel authority shall establish the
maximum number of working days an employee under its
jurisdiction may be absent on account of sickness or accident
disability without a medical certificate.
"Personnel authority" as used in this section, means a
state agency, board, committee, or similar body having
general authority to establish personnel rules. [1993 c 281
§ 39; 1979 c 152 § 3.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.150 Definition—"Employee." "Employee," as
used in RCW 41.48.120 and 41.48.140, includes all officers
and employees of the state, except officials and employees
compensated on a fee basis, for whom contributions are
made to federal old age and survivors’ insurance. [1979 c
152 § 4.]
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.160 Political subdivisions—Sick leave payments—Adoption of accounting plan and payroll procedures. A political subdivision of the state may, pursuant to
ordinance or resolution, adopt an accounting plan and payroll
procedures sufficient to meet the requirements of federal
statutes and regulations and the department of health,
education, and welfare for the purpose of excluding payments made on account of sickness, from the meaning of
"wages" under federal old age and survivors’ insurance.
[1979 c 152 § 5.]
41.48.170 Sick leave payments—Transfers of
moneys to sick leave account. The office of financial
management shall direct the state treasurer to, and the state
treasurer shall, periodically transfer to the sick leave account
in the general fund moneys sufficient to reimburse the sick
leave account for payments on account of sickness. State
agencies shall place in allotment reserve status and cause to
be lapsed at the end of the biennium an amount equal to the
sick leave pay and the employer’s share of all federal old
age and survivor’s insurance payments rendered unnecessary
by reason of RCW 41.48.120. When directing state agencies
to place funds in reserve status, the office of financial
management shall promulgate allotment instructions which
conserve, to the fullest extent possible, state general fund
appropriations. [1979 ex.s. c 247 § 2.]
41.48.180 Sick leave payments—Inclusion in reports
to retirement system—Compensation for unused sick
leave. Payments to employees pursuant to RCW 41.48.120
or 41.48.160 shall be included in compensation reported to
the appropriate retirement system. Any compensation for
unused sick leave shall not be considered payment on
account of sickness and shall not be paid from the sick leave
account. [1979 c 152 § 6.]
Severability—1979 c 152: See note following RCW 41.48.120.
Chapter 41.50
DEPARTMENT OF RETIREMENT SYSTEMS
Sections
41.50.005
41.50.010
41.50.020
41.50.030
41.50.040
41.50.050
41.50.055
41.50.060
41.50.065
41.50.067
41.50.070
41.50.075
41.50.077
41.50.080
41.50.085
41.50.086
41.50.088
41.50.090
41.50.110
41.50.112
41.50.120
41.50.125
41.50.130
Severability—1979 c 152: See note following RCW 41.48.120.
41.50.131
41.50.132
[Title 41 RCW—page 256]
Policy and intent.
Definitions.
Department of retirement systems—Created—Director.
Transfer of powers, duties, and functions of certain systems,
administrators, and committees to department of retirement systems.
Manner of selection and terms of transferred board members
not affected.
Powers, duties, and functions of director.
Director of retirement systems to administer Washington law
enforcement officers’ and fire fighters’ retirement system—Duties.
Delegation of powers, duties, and functions—Director’s
responsibilities.
Accumulated service credit—Annual notification to members.
Adopted employer rates—Notification to employers.
Personnel.
Funds established.
State treasurer is custodian of funds.
Investment of funds of various systems.
Investments in accordance with established standards.
Employee retirement benefits board—Created—Membership.
Employee retirement benefits board—Duties.
Department succeeds to and vested with transferred powers,
duties, and functions—Boards to be kept informed—
Approval of rules—Disability benefit applications.
Expenses of administration paid from department of retirement systems expense fund—Administrative expense
fee.
Report of member data—Department-designed format.
Payment of moneys due department by employers—Interest.
Interest on contributions—Department may charge.
Correction of retirement systems’ records—Adjustment in
payment of benefits—Limitations.
Correction of errors in reporting compensation earnable.
Correction of erroneous deduction or pick-up of contributions.
(2002 Ed.)
Department of Retirement Systems
41.50.133
41.50.135
41.50.136
41.50.137
41.50.138
41.50.139
41.50.140
41.50.145
41.50.150
41.50.152
41.50.155
41.50.160
41.50.165
41.50.170
41.50.175
41.50.200
41.50.205
41.50.210
41.50.215
41.50.220
41.50.230
41.50.235
41.50.240
41.50.255
41.50.260
41.50.265
41.50.270
41.50.500
41.50.510
41.50.520
41.50.530
41.50.540
41.50.550
41.50.560
41.50.570
41.50.580
41.50.590
41.50.600
41.50.610
41.50.620
41.50.630
41.50.640
41.50.650
41.50.660
41.50.670
41.50.680
41.50.690
(2002 Ed.)
Recovery of certain overpayments to surviving beneficiaries
under the teachers’ retirement system.
Collection of overpayments—Determination of liability—
Administrative process created.
Collection of overpayments—Issuance of warrant—Lien.
Collection of overpayments—Department may issue subpoenas.
Collection of overpayments—Waiver of overpayment.
Retirement status reports—Overpayments—Employer obligations.
Cooperation of employers in administration of systems—
Employer contributions for retroactive service credit—
Employee contributions paid by employer.
Plan 3—Loss of investment return due to error—Liability.
Retirement benefits based on excess compensation—
Employer liable for extra retirement costs.
Payment of excess compensation—Public notice requirements.
Erroneous withdrawals of contributions—Restoration.
Restoration of withdrawn contributions.
Establishing, restoring service credit—Conditions.
Notification of restoration rights.
Adoption of rules.
Subdivision of retirement system funds.
Records—Teachers’ retirement system annual report.
Medical director.
Teachers’ retirement system funds—Annual interest to be
credited.
Trustees, employees not to guarantee loans.
Employer reports to department.
Teachers’ retirement system salary deductions.
Duties of payroll officer.
Payment of legal and medical expenses of retirement systems.
Public employees’ retirement system funds created.
Public employees’ retirement system funds—Report of the
state treasurer—Members may receive reports and statements.
Transmittal of total of public employees’ retirement system
members’ deductions.
Mandatory assignment of retirement benefits—Definitions.
Mandatory assignment of retirement benefits—Remedies—
Applicability.
Mandatory assignment of retirement benefits—Other remedies not limited.
Mandatory assignment of retirement benefits—Proceeding to
enforce spousal maintenance—Venue—Jurisdiction.
Mandatory assignment of retirement benefits—Notice to
obligor.
Mandatory assignment of retirement benefits—Withdrawal
of accumulated contributions—Notice to obligee—
Payment to obligee.
Mandatory assignment of retirement benefits—Petition for
order.
Mandatory assignment of retirement benefits—Issuance of
order.
Mandatory assignment of retirement benefits—Order—
Contents.
Mandatory assignment of retirement benefits—Order—Form.
Mandatory assignment of retirement benefits—Duties of
department.
Mandatory assignment of retirement benefits—Order—
Answer—Form.
Mandatory assignment of retirement benefits—Order—
Service.
Mandatory assignment of retirement benefits—Hearing to
quash, modify, or terminate order.
Mandatory assignment of retirement benefits—Award of
costs to prevailing party.
Payments pursuant to court orders entered under prior law.
Mandatory assignment of retirement benefits—Rules.
Property division obligations—Direct payments pursuant to
court order.
Property division obligations—Processing fee.
Property division obligations—Obligee entitled to statement
of obligor’s retirement benefits—When.
Chapter 41.50
41.50.700
Property division obligations—Cessation upon death of
obligee or obligor—Payment treated as deduction from
member’s periodic retirement payment.
41.50.710 Property division obligations—Remedies exclusive—
Payment pursuant to court order defense against claims.
41.50.720 Payment of benefits—Restraining orders.
41.50.730 Retirement or termination agreement payments—Effect on
pension benefits calculation.
41.50.740 Retirement or termination agreement payments—
Opportunity to change payment options.
41.50.750 Retirement or termination agreement payments—
Overpayments not required to be repaid.
41.50.760 Cost-of-living adjustments—Alternative calculation—
Election.
41.50.770 Deferred compensation plans.
41.50.780 Deferred compensation principal and administrative accounts
created—Participation in deferred compensation plans—
Department’s duties.
41.50.790 Survivor benefits—Dissolution orders.
41.50.800 Apportionment of budgeted funds of affected agencies.
41.50.801 Continuation of rules, pending business, contracts, investments, etc.
41.50.802 Transfer of reports, documents, etc., property, funds, assets,
appropriations, etc.
41.50.803 Savings.
41.50.804 Existing collective bargaining agreements not affected.
41.50.900 Severability—1975-’76 2nd ex.s. c 105.
41.50.901 Effective date—1987 c 326.
Director of retirement systems may obtain physician’s certificate relating to
disabled person’s ability to drive a motor vehicle: RCW 46.20.041.
Investment activities of state investment board, reports sent to: RCW
43.33A.150.
Investment board, director of retirement systems member of: RCW
43.33A.020.
Judicial retirement—Investment for supplemental retirement: RCW
2.14.080.
Judicial retirement board, director of retirement systems to exercise powers,
duties, and functions of: RCW 2.10.052.
Office of state actuary: Chapter 44.44 RCW.
State patrol retirement board, director of retirement systems to exercise
powers, duties, and functions of: RCW 43.43.142.
41.50.005 Policy and intent. The legislature sets
forth as retirement policy and intent:
(1) The retirement systems of the state shall provide
similar benefits wherever possible.
(2) Persons hired into eligible positions shall accrue
service credit for all service rendered.
(3) The calculation of benefits shall be done in such a
manner as to prevent the arithmetic lowering of benefits.
(4) Liberalization of the granting of service credit shall
not jeopardize part-time employment of retirees in ineligible
positions. [1991 c 343 § 2.]
Findings—1991 c 343: "The legislature finds:
(1) There is a dichotomy in the provision of service credit within the
major two retirement systems of the state. Within plan 1 of the public
employees’ retirement system, credit is given in whole months upon
completing seventy hours per month. Within plan 1 of the teachers’
retirement system, full annual service credit is given for full-time employment of four-fifths or more of a school year and partial annual service credit
is given for employment of less than four-fifths of a school year but more
than twenty days in a school year. Plan 2 of both the public employees’
and teachers’ retirement systems’ full monthly service credit is based on
completing ninety hours in each month.
(2) There is an expressed interest by public employers in encouraging
job-sharing or tandem positions wherein two persons perform one job. This
is seen as opening up job opportunities for those persons who have family
responsibilities prohibiting full-time employment." [1991 c 343 § 1.]
Effective dates—1991 c 343: "(1) Sections 3 through 11 and 14
through 18 of this act shall take effect September 1, 1991.
[Title 41 RCW—page 257]
41.50.005
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July 1, 1991."
[1991 c 343 § 19.]
41.50.010 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Actuarial value" means the present value of a
change in actuarial liability;
(2) "Department" means the department of retirement
systems; and
(3) "Director" means the director of the department of
retirement systems. [1994 c 197 § 30; 1975-’76 2nd ex.s. c
105 § 3.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.50.020 Department of retirement systems—
Created—Director. There is created a department of state
government to be known as the department of retirement
systems. The executive and administrative head of the
department shall be the director, who shall be appointed by
the governor with the consent of the senate. The director
shall serve at the pleasure of the governor and may be
removed upon written notification by the governor to the
respective retirement boards.
The director shall have complete charge of and supervisory powers over the department and shall be paid a salary
fixed by the governor in accordance with the provisions of
RCW 43.03.040. If a vacancy occurs in the position of
director while the senate is not in session, the governor shall
make a temporary appointment until the next meeting of the
senate at which time he shall present to that body the name
of the person appointed to the position of director. [1975’76 2nd ex.s. c 105 § 4.]
41.50.030 Transfer of powers, duties, and functions
of certain systems, administrators, and committees to
department of retirement systems. (1) As soon as possible
but not more than one hundred and eighty days after March
19, 1976, there is transferred to the department of retirement
systems, except as otherwise provided in this chapter, all
powers, duties, and functions of:
(a) The Washington public employees’ retirement
system;
(b) The Washington state teachers’ retirement system;
(c) The Washington law enforcement officers’ and fire
fighters’ retirement system;
(d) The Washington state patrol retirement system;
(e) The Washington judicial retirement system; and
(f) The state treasurer with respect to the administration
of the judges’ retirement fund imposed pursuant to chapter
2.12 RCW.
(2) On July 1, 1996, there is transferred to the department all powers, duties, and functions of the deferred
compensation committee.
(3) The department shall administer chapter 41.34 RCW.
(4) The department shall administer the Washington
school employees’ retirement system created under chapter
41.35 RCW. [1998 c 341 § 501; 1995 c 239 § 316;
1975-’76 2nd ex.s. c 105 § 5.]
Effective date—1998 c 341: See RCW 41.35.901.
[Title 41 RCW—page 258]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.040 Manner of selection and terms of transferred board members not affected. This chapter shall not
affect the manner for selecting members of the boards
affected by RCW 41.50.030, nor shall it affect the terms of
any members serving on such boards. [1975-’76 2nd ex.s.
c 105 § 6.]
41.50.050 Powers, duties, and functions of director.
The director shall:
(1) Have the authority to organize the department into
not more than four divisions, each headed by an assistant
director;
(2) Have free access to all files and records of various
funds assigned to the department and inspect and audit the
files and records as deemed necessary;
(3) Employ personnel to carry out the general administration of the department;
(4) Submit an annual written report of the activities of
the department to the governor and the chairs of the appropriate legislative committees with one copy to the staff of
each of the committees, including recommendations for
statutory changes the director believes to be desirable;
(5) Adopt such rules and regulations as are necessary to
carry out the powers, duties, and functions of the department
pursuant to the provisions of chapter 34.05 RCW. [1995 c
239 § 317; 1993 c 61 § 1; 1987 c 505 § 24; 1981 c 3 § 33;
1977 ex.s. c 251 § 1; 1975-’76 2nd ex.s. c 105 § 7.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.055 Director of retirement systems to administer Washington law enforcement officers’ and fire
fighters’ retirement system—Duties. The administration
of the Washington law enforcement officers’ and fire
fighters’ retirement system is hereby vested in the director of
retirement systems, and the director shall:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial evaluation purposes;
(2) As of March 1, 1970, and at least every two years
thereafter, through the state actuary, make an actuarial
valuation as to the mortality and service experience of the
beneficiaries under this chapter and the various accounts
created for the purpose of showing the financial status of the
retirement fund;
(3) Adopt for the Washington law enforcement officers’
and fire fighters’ retirement system the mortality tables and
such other tables as shall be deemed necessary;
(4) Keep a record of all its proceedings, which shall be
open to inspection by the public;
(5) From time to time adopt such rules and regulations
not inconsistent with chapter 41.26 RCW, for the administration of the provisions of this chapter, for the administration
(2002 Ed.)
Department of Retirement Systems
of the fund created by this chapter and the several accounts
thereof, and for the transaction of the business of the system;
(6) Prepare and publish annually a financial statement
showing the condition of the Washington law enforcement
officers’ and fire fighters’ fund and the various accounts
thereof, and setting forth such other facts, recommendations
and data as may be of use in the advancement of knowledge
concerning the Washington law enforcement officers’ and
fire fighters’ retirement system, and furnish a copy thereof
to each employer, and to such members as may request
copies thereof;
(7) Perform such other functions as are required for the
execution of the provisions of chapter 41.26 RCW;
(8) Fix the amount of interest to be credited at a rate
which shall be based upon the net annual earnings of the
Washington law enforcement officers’ and fire fighters’ fund
for the preceding twelve-month period and from time to time
make any necessary changes in such rate;
(9) Pay from the department of retirement systems
expense fund the expenses incurred in administration of the
Washington law enforcement officers’ and fire fighters’ retirement system from those funds appropriated for that
purpose;
(10) Perform any other duties prescribed elsewhere in
chapter 41.26 RCW;
(11) Issue decisions relating to appeals initiated pursuant
to RCW 41.16.145 and 41.18.104 as now or hereafter
amended and shall be authorized to order increased benefits
pursuant to RCW 41.16.145 and 41.18.104 as now or
hereafter amended. [1991 c 35 § 16; 1982 c 163 § 6; 1981
c 3 § 27; 1975-’76 2nd ex.s. c 44 § 3; 1971 ex.s. c 216 § 1;
1969 ex.s. c 209 § 6. Formerly RCW 41.26.060.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
Intent of amendment—1981 c 3: See note following RCW 2.10.080.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1971 ex.s. c 216: "If any provision of this act, or its
application to any person or circumstance is held invalid the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 216 § 4.]
41.50.060 Delegation of powers, duties, and functions—Director’s responsibilities. The director may
delegate the performance of such powers, duties, and
functions, other than those relating to rule making, to
employees of the department, but the director shall remain
and be responsible for the official acts of the employees of
the department.
The director shall be responsible for the public
employees’ retirement system, the teachers’ retirement
system, the school employees’ retirement system, the judicial
retirement system, the law enforcement officers’ and fire
fighters’ retirement system, and the Washington state patrol
retirement system. The director shall also be responsible for
the deferred compensation program. [1998 c 341 § 502;
1995 c 239 § 318; 1975-’76 2nd ex.s. c 105 § 8.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
(2002 Ed.)
41.50.055
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.065 Accumulated service credit—Annual
notification to members. (1) The department shall annually
notify each member of each retirement system listed in RCW
41.50.030 of his or her:
(a) Service credit accumulated in the preceding calendar
year; and
(b) Total service credit accumulated.
(2) The department shall begin notifying members under
this section according to the following schedule:
(a) All members of the teachers’ retirement system shall
begin receiving annual notification of accumulated service
credit and service credit earned within the preceding school
year or one school year, as appropriate, no later than January
1, 1991;
(b) All members, other than members of the teachers’
retirement system, shall begin receiving annual notification
of service credit accumulated within the preceding calendar
year or school year, as appropriate, no later than June 30,
1992;
(c) All members within five years of being eligible for
service retirement shall begin receiving annual notification
of total service credit accumulated no later than October 1,
1993;
(d) Members, other than members of the teachers’
retirement system, who are not within five years of being
eligible for service retirement shall begin receiving annual
notification of total service credit accumulated according to
the following schedule:
(i) For members of the law enforcement officers’ and
fire fighters’ retirement system, Washington state patrol
retirement system, judicial retirement system, and judges’
retirement system, no later than August 30, 1993;
(ii) For employees of the state of Washington who are
members of the public employees’ retirement system, no
later than August 30, 1994;
(iii) For employees of political subdivisions of the state
of Washington, no later than January 31, 1995;
(iv) For employees of institutions of higher education as
defined in RCW 28B.10.016, no later than June 30, 1995;
and
(v) For school district employees who are members of
the public employees’ retirement system, no later than April
30, 1996.
(3) The department shall adopt rules implementing this
section. [1991 c 282 § 1; 1990 c 8 § 2.]
Findings—1990 c 8: "The legislature recognizes that:
(1) It is important that members of the retirement system are informed
about the amount of service credit they have earned. Untimely and
inaccurate reporting by employers hampers the department’s ability to
inform members of the service credit they have earned;
(2) Requiring a transfer of funds from the retirement accounts of
members of the public employees’ retirement system and the law enforcement officers’ and fire fighters’ retirement system to the expense funds of
those systems does not represent added revenue to the systems but is instead
a transfer from the trust fund to the expense fund that causes administrative
costs and results in a loss to the system or to the member; and
(3) A standardized time period for school administrator contracts and
a prohibition against retroactive revision of those contracts is needed to
prevent potential abuses of the average final compensation calculation
process." [1990 c 8 § 1.]
[Title 41 RCW—page 259]
41.50.067
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.50.067 Adopted employer rates—Notification to
employers. The director shall inform all employers in
writing as to the employer rates adopted by the economic
and revenue forecast council upon the notification of the
council as prescribed in RCW 41.45.060. [1993 c 519 § 21.]
Part headings not law—Effective date—1993 c 519: See notes
following RCW 28A.400.212.
41.50.070 Personnel. In addition to the exemptions
set forth in RCW 41.06.070, the assistant directors, not to
exceed two, and an internal auditor shall also be exempt
from the application of the state civil service law, chapter
41.06 RCW.
The officers and exempt personnel appointed by the
director pursuant to this section shall be paid salaries fixed
by the governor in accordance with the procedure established
by law for fixing salaries for officers exempt from the
operation of the state civil service law.
All employees classified under chapter 41.06 RCW and
engaged in duties pertaining to the functions transferred by
this chapter shall be assigned to the department to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules
governing the state merit system. [1975-’76 2nd ex.s. c 105
§ 9.]
41.50.075 Funds established. (1) Two funds are
hereby created and established in the state treasury to be
known as the Washington law enforcement officers’ and fire
fighters’ system plan 1 retirement fund, and the Washington
law enforcement officers’ and fire fighters’ system plan 2
retirement fund which shall consist of all moneys paid into
them in accordance with the provisions of this chapter and
chapter 41.26 RCW, whether such moneys take the form of
cash, securities, or other assets. The plan 1 fund shall
consist of all moneys paid to finance the benefits provided
to members of the law enforcement officers’ and fire
fighters’ retirement system plan 1, and the plan 2 fund shall
consist of all moneys paid to finance the benefits provided
to members of the law enforcement officers’ and fire
fighters’ retirement system plan 2.
(2) All of the assets of the Washington state teachers’
retirement system shall be credited according to the purposes
for which they are held, to two funds to be maintained in the
state treasury, namely, the teachers’ retirement system plan
1 fund and the teachers’ retirement system combined plan 2
and 3 fund. The plan 1 fund shall consist of all moneys
paid to finance the benefits provided to members of the
Washington state teachers’ retirement system plan 1, and the
combined plan 2 and 3 fund shall consist of all moneys paid
to finance the benefits provided to members of the Washington state teachers’ retirement system plan 2 and 3.
(3) There is hereby established in the state treasury two
separate funds, namely the public employees’ retirement
system plan 1 fund and the public employees’ retirement
system combined plan 2 and plan 3 fund. The plan 1 fund
shall consist of all moneys paid to finance the benefits
provided to members of the public employees’ retirement
system plan 1, and the combined plan 2 and plan 3 fund
shall consist of all moneys paid to finance the benefits
[Title 41 RCW—page 260]
provided to members of the public employees’ retirement
system plans 2 and 3.
(4) There is hereby established in the state treasury the
school employees’ retirement system combined plan 2 and
3 fund. The combined plan 2 and 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
the school employees’ retirement system plan 2 and plan 3.
[2000 c 247 § 601; 1998 c 341 § 503; 1996 c 39 § 16; 1995
c 239 § 312; 1991 c 35 § 108.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.077 State treasurer is custodian of funds. The
state treasurer is the custodian of, and accountant for, all
funds and holdings of the retirement systems listed in RCW
41.50.030. [1991 c 35 § 109.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.080 Investment of funds of various systems.
The state investment board shall provide for the investment
of all funds of the Washington public employees’ retirement
system, the teachers’ retirement system, the school
employees’ retirement system, the Washington law enforcement officers’ and fire fighters’ retirement system, the
Washington state patrol retirement system, the Washington
judicial retirement system, and the judges’ retirement fund,
pursuant to RCW 43.84.150, and may sell or exchange
investments acquired in the exercise of that authority. [1998
c 341 § 504; 1981 c 3 § 34; 1977 ex.s. c 251 § 2; 1975-’76
2nd ex.s. c 105 § 10.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
41.50.085 Investments in accordance with established standards. Any investments under RCW 43.84.150
by the state investment board shall be made in accordance
with the standards established in RCW 43.33A.140. [1998
c 14 § 2; 1977 ex.s. c 251 § 7.]
41.50.086 Employee retirement benefits board—
Created—Membership. (1) The employee retirement benefits board is created within the department of retirement
systems.
(2) The board shall be composed of twelve members
appointed by the governor and one ex officio member as
follows:
(a) Three members representing the public employees’
retirement system: One retired, two active. The members
shall be appointed from a list of nominations submitted by
organizations representing each category. The initial term of
appointment shall be two years for the retired member, one
year for one active member, and three years for the remaining active member.
(2002 Ed.)
Department of Retirement Systems
(b) Three members representing the teachers’ retirement
system: One retired, two active. The members shall be
appointed from a list of nominations submitted by organizations representing each category. The initial term of
appointment shall be one year for the retired member, two
years for one active member, and three years for the remaining active member.
(c) Three members representing the school employees’
retirement system: One retired, two active. The members
shall be appointed from a list of nominations submitted by
organizations representing each category. The initial term of
appointment shall be one year for the retired member, two
years for one active member, and three years for the remaining active member.
(d) Two members with experience in defined contribution plan administration. The initial term for these members
shall be two years for one member and three years for the
remaining member.
(e) One member representing the deferred compensation
program. The member shall be a deferred compensation
program participant chosen from a list of nominations
submitted by organizations representing employees eligible
to participate in the deferred compensation program. The
initial term of appointment for this member shall be three
years.
(f) The director of the department shall serve ex officio
and shall be the chair of the board.
(3) After the initial appointments, members shall be
appointed to three-year terms.
(4) The board shall meet at least quarterly during the
calendar year, at the call of the chair.
(5) Members of the board shall serve without compensation but shall receive travel expenses as provided for in
RCW 43.03.050 and 43.03.060. Such travel expenses shall
be reimbursed by the department from the retirement system
expense fund.
(6) The board shall adopt rules governing its procedures
and conduct of business.
(7) The actuary shall perform all actuarial services for
the board and provide advice and support. [2001 c 181 § 1;
1998 c 341 § 506; (1998 c 341 § 505 expired pursuant to
1998 c 341 § 715); 1995 c 239 § 301.]
Effective date—1998 c 341: See RCW 41.35.901.
Expiration date—1998 c 341 § 505: "Section 505 of this act expires
September 1, 2000." [1998 c 341 § 715.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.088 Employee retirement benefits board—
Duties. (1) The board shall adopt rules as necessary and
exercise the following powers and duties:
(a) The board shall recommend to the state investment
board types of options for member self-directed investment
in the teachers’ retirement system plan 3, the school
employees’ retirement system plan 3, and the public
employees’ retirement system plan 3 as deemed by the board
to be reflective of the members’ preferences;
(b) By July 1, 2005, the board shall make optional
actuarially equivalent life annuity benefit payment schedules
available to members and survivors that may be purchased
(2002 Ed.)
41.50.086
from the combined plan 2 and plan 3 funds under RCW
41.50.075; and
(c) Determination of the basis for administrative charges
to the self-directed investment fund to offset self-directed
account expenses;
(2) The board shall recommend to the state investment
board types of options for participant self-directed investment in the state deferred compensation plan, as deemed by
the board to be reflective of the participants’ preferences.
[2000 c 247 § 602. Prior: 1998 c 341 § 507; 1998 c 116 §
10; 1995 c 239 § 302.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.090 Department succeeds to and vested with
transferred powers, duties, and functions—Boards to be
kept informed—Approval of rules—Disability benefit
applications. (1) Except as otherwise provided in this
section, on the effective date of transfer as provided in RCW
41.50.030, the department shall succeed to and is vested with
all powers, duties, and functions now or by any concurrent
act of this 1976 legislature vested in the individual retirement boards set forth in RCW 41.50.030 relating to the
administration of their various retirement systems, including
but not limited to the power to appoint a staff and define the
duties thereof: PROVIDED, That actuarial services required
by the department shall be performed by the state actuary as
provided in RCW 44.44.040.
(2) The department shall keep each retirement board
fully informed on the administration of the corresponding
retirement system, and shall furnish any information requested by a retirement board.
(3) Rules proposed by the director under RCW 2.10.070,
41.50.055, 41.32.025, or 41.40.020 shall be submitted to the
appropriate retirement boards for review prior to adoption.
After receiving approval of the members of the appropriate
board, such rules shall become effective as provided by the
administrative procedure act, chapter 34.05 RCW.
(4) Each retirement board shall continue to perform all
functions as are vested in it by law with respect to applications for benefits paid upon either temporary or permanent
disability, with such staff assistance from the department as
may be required. The director shall perform those functions
with respect to disability benefits as are vested in him or her
by RCW 41.26.120, 41.26.125, and 41.26.200. [1985 c 102
§ 6; 1983 c 3 § 97; 1981 c 294 § 8; 1975-’76 2nd ex.s. c
105 § 11.]
Purpose—Retrospective application—1985 c 102: See notes
following RCW 41.26.120.
Severability—1981 c 294: See note following RCW 41.26.115.
41.50.110 Expenses of administration paid from
department of retirement systems expense fund—
Administrative expense fee. (1) Except as provided by
RCW 41.50.255 and subsection (6) of this section, all
expenses of the administration of the department and the
[Title 41 RCW—page 261]
41.50.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
expenses of administration of the retirement systems created
in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, and
43.43 RCW shall be paid from the department of retirement
systems expense fund.
(2) In order to reimburse the department of retirement
systems expense fund on an equitable basis the department
shall ascertain and report to each employer, as defined in
RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, the
sum necessary to defray its proportional share of the entire
expense of the administration of the retirement system that
the employer participates in during the ensuing biennium or
fiscal year whichever may be required. Such sum is to be
computed in an amount directly proportional to the estimated
entire expense of the administration as the ratio of monthly
salaries of the employer’s members bears to the total salaries
of all members in the entire system. It shall then be the
duty of all such employers to include in their budgets or
otherwise provide the amounts so required.
(3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or
41.40.010, at the end of each month for the amount due for
that month to the department of retirement systems expense
fund and the same shall be paid as are its other obligations.
Such computation as to each employer shall be made on a
percentage rate of salary established by the department.
However, the department may at its discretion establish a
system of billing based upon calendar year quarters in which
event the said billing shall be at the end of each such
quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to
reflect unanticipated costs or savings in administering the
department.
(5) An employer who fails to submit timely and
accurate reports to the department may be assessed an
additional fee related to the increased costs incurred by the
department in processing the deficient reports. Fees paid
under this subsection shall be deposited in the retirement
system expense fund.
(a) Every six months the department shall determine the
amount of an employer’s fee by reviewing the timeliness and
accuracy of the reports submitted by the employer in the
preceding six months. If those reports were not both timely
and accurate the department may prospectively assess an
additional fee under this subsection.
(b) An additional fee assessed by the department under
this subsection shall not exceed fifty percent of the standard
fee.
(c) The department shall adopt rules implementing this
section.
(6) Expenses other than those under *RCW 41.34.060(2)
shall be paid pursuant to subsection (1) of this section.
[1998 c 341 § 508; 1996 c 39 § 17; 1995 c 239 § 313; 1990
c 8 § 3; 1979 ex.s. c 249 § 8.]
*Reviser’s note: RCW 41.34.060 was amended by 1999 c 265 § 1,
changing subsection (2) to subsection (3).
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Findings—1990 c 8: See note following RCW 41.50.065.
[Title 41 RCW—page 262]
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.112 Report of member data—Departmentdesigned format. Employers, as defined in RCW
41.26.030, 41.32.010, 41.34.020, 41.35.010, and 41.40.010,
must report all member data to the department in a format
designed and communicated by the department. Employers
failing to comply with this reporting requirement shall be
assessed an additional fee as defined under RCW
41.50.110(5). [2000 c 247 § 1107.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.50.120 Payment of moneys due department by
employers—Interest. Notwithstanding any provision of law
to the contrary, all employers of members of retirement
systems administered by the department shall transmit by a
warrant or check to the department within fifteen days
following the end of each calendar month the moneys due
the department as determined by the statutes governing each
system together with such reports as the department may require. The director may collect interest on any employer’s
overdue payments at the rate of one percent per month on
the outstanding balance where necessary to secure adherence
to timeliness requirements. [1979 ex.s. c 249 § 9.]
41.50.125 Interest on contributions—Department
may charge. The department may charge interest, as
determined by the director, on member or employer contributions owing to any of the retirement systems listed in
RCW 41.50.030. The department’s authority to charge
interest shall extend to all optional and mandatory billings
for contributions where member or employer contributions
are paid other than immediately after service is rendered.
Except as explicitly limited by statute, the director may delay
the imposition of interest charges on late contributions under
this section if the delay is necessary to implement required
changes in the department’s accounting and information
systems. [1994 c 177 § 2.]
Findings—1994 c 177: "The legislature finds that:
(1) Whenever employer or member contributions are not made at the
time service is rendered, the state retirement system trust funds lose
investment income which is a major source of pension funding. The
department of retirement systems has broad authority to charge interest to
compensate for the loss to the trust funds, subject only to explicit statutory
provisions to the contrary.
(2) The inherent authority of the department to recover all
overpayments and unauthorized payments from the retirement trust funds,
for the benefit of members and taxpayers, should be established clearly in
statute." [1994 c 177 § 1.]
41.50.130 Correction of retirement systems’ records—Adjustment in payment of benefits—Limitations.
(1) The director may at any time correct errors appearing in
the records of the retirement systems listed in RCW
41.50.030. Should any error in such records result in any
member, beneficiary, or other person or entity receiving
more or less than he or she would have been entitled to had
the records been correct, the director, subject to the conditions set forth in this section, shall adjust the payment in
such a manner that the benefit to which such member,
beneficiary, or other person or entity was correctly entitled
shall be paid in accordance with the following:
(2002 Ed.)
Department of Retirement Systems
(a) In the case of underpayments to a member or
beneficiary, the retirement system shall correct all future
payments from the point of error detection, and shall
compute the additional payment due for the allowable prior
period which shall be paid in a lump sum by the appropriate
retirement system.
(b) In the case of overpayments to a retiree or other
beneficiary, the retirement system shall adjust the payment
so that the retiree or beneficiary receives the benefit to
which he or she is correctly entitled. The retiree or beneficiary shall either repay the overpayment in a lump sum
within ninety days of notification or, if he or she is entitled
to a continuing benefit, elect to have that benefit actuarially
reduced by an amount equal to the overpayment. The retiree
or beneficiary is not responsible for repaying the overpayment if the employer is liable under RCW 41.50.139.
(c) In the case of overpayments to a person or entity
other than a member or beneficiary, the overpayment shall
constitute a debt from the person or entity to the department,
recovery of which shall not be barred by laches or statute of
limitations.
(2) Except in the case of actual fraud, in the case of
overpayments to a member or beneficiary, the benefits shall
be adjusted to reflect only the amount of overpayments made
within three years of discovery of the error, notwithstanding
any provision to the contrary in chapter 4.16 RCW.
(3) Except in the case of actual fraud, no monthly
benefit shall be reduced by more than fifty percent of the
member’s or beneficiary’s corrected benefit. Any overpayment not recovered due to the inability to actuarially reduce
a member’s benefit due to: (a) The provisions of this
subsection; or (b) the fact that the retiree’s monthly retirement allowance is less than the monthly payment required to
effectuate an actuarial reduction, shall constitute a claim
against the estate of a member, beneficiary, or other person
or entity in receipt of an overpayment.
(4) Except as provided in subsection (2) of this section,
obligations of employers or members until paid to the
department shall constitute a debt from the employer or
member to the department, recovery of which shall not be
barred by laches or statutes of limitation. [1997 c 254 § 15;
1994 c 177 § 3; 1987 c 490 § 1; 1982 c 13 § 1.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.131 Correction of errors in reporting compensation earnable. (1) Notwithstanding RCW 41.50.130, the
department is not required to correct, nor to cause any
employer to correct the reporting error described in subsection (2) of this section.
(2) Standby pay and other similar forms of compensation that are not pay for time worked were not salary or
wages for personal services within the meaning of RCW
41.40.010(8). Contrary to RCW 41.40.010(8), some employers have been reporting standby pay to the department as
compensation earnable. To avoid unduly impacting the
retirement allowances of persons who have retired on or
before June 9, 1994, the department is not required to
correct, nor cause to be corrected, any misreporting of
amounts identified as standby pay through June 9, 1994.
(2002 Ed.)
41.50.130
Any erroneous reporting of amounts identified as standby
pay to the department on or after June 9, 1994, shall be
corrected as an error under RCW 41.50.130.
(3) The forgiveness of past misreporting under subsection (2) of this section constitutes a benefit enhancement for
those individuals for whom amounts received as standby pay
were misreported to the department. Prior to June 9, 1994,
no retirement system member had any right, contractual or
otherwise, to have amounts identified as standby pay
included as compensation earnable. [1994 c 177 § 9.]
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.132 Correction of erroneous deduction or
pick-up of contributions. (1) By December 31, 1992, the
department of retirement systems shall implement and complete the following process for those members of the law
enforcement officers’ and fire fighters’ retirement system
plan 2, public employees’ retirement system plans 1 and 2,
and teachers’ retirement system plan 2 who erroneously had
contributions either deducted or picked-up from their
earnings on and after January 1, 1987:
(a) Create a list of transactions by employer for those
members whose employer either deducted or picked-up
employee contributions during a month where an employee
did not work sufficient hours to earn service credit;
(b) Provide the affected employers with direction and
guidance for the review of the transmitted lists from this
subsection and the employers’ preparation of any necessary
correcting transactions to the department’s records;
(c) Receive all correcting transactions submitted by the
employer.
(2) All debits and credits to all member accounts
affected by this remedial process shall be reconciled by the
department.
(3) All moneys payable to an affected member, or any
moneys to be further deducted or picked-up from such
member’s earnings, shall be determined and accomplished
solely by the employer.
(4) After December 31, 1992, no credit of employer
contributions shall be made.
(5) Return of contributions to an employee by the
department is limited solely to when such member retires or
otherwise terminates his or her membership and chooses to
withdraw them with any accumulated interest.
(6) Employer contributions forfeited under this section
shall be transferred to the department of retirement systems
expense account. [1991 c 343 § 13.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
41.50.133 Recovery of certain overpayments to
surviving beneficiaries under the teachers’ retirement
system. (1) The director of the department of retirement
systems shall not recover from surviving beneficiaries of
members who died in service any pension overpayment
based on the application of section 2, chapter 96, Laws of
1979 ex. sess., nor shall such benefits be reduced.
(2) The director of the department of retirement systems
shall not recover from retirees any pension overpayments
made between July 1, 1990, and February 1, 1992, based
upon the application of *RCW 41.40.198, 41.40.1981,
[Title 41 RCW—page 263]
41.50.133
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.40.325, 41.32.485, 41.32.487, or 41.32.575 due to the
incorrect calculation of the "age sixty-five allowance" as this
term is defined in *RCW 41.32.575(1)(a) and
41.40.325(1)(a). [1992 c 212 § 21; 1987 c 490 § 2.]
*Reviser’s note: RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.487,
and 41.32.575 were repealed by 1995 c 345 § 11.
41.50.135
Collection of overpayments—
Determination of liability—Administrative process created. (1) If the department finds that any member, beneficiary, or other person or entity has been paid an amount of
retirement benefits to which that person or entity is not
entitled, and the person is not entitled to a continuing benefit
from any of the retirement systems listed in RCW 41.50.030,
the department may issue an order and notice of assessment
specifying the amount due, including interest, to be remitted
to the department. The order and notice of assessment shall
be served upon any person or entity who may have received
benefits to which the person or entity is not entitled. The
order and notice of assessment shall be served by the
department in the manner prescribed for the service of a
summons in a civil action, or by certified mail to the last
known address of the obligor as shown by the records of the
department.
(2) Any notice of assessment under subsection (1) of
this section shall constitute a determination of liability from
which the member, beneficiary, or other person or entity
served may appeal by filing a petition for adjudicative
proceedings with the director personally or by mail within
sixty days from the date the assessment was served. If a
petition for adjudicative proceedings is not filed within sixty
days of the delivery of the notice of assessment, the determination that was the basis for establishing the overpayment
debt and the assessment is conclusive and final.
(3) This section creates an administrative process for the
collection of overpayments from persons who are not entitled
to a continuing benefit from one of the retirement systems
listed in RCW 41.50.030. The collection of overpayments
from persons entitled to a continuing benefit from one of the
retirement systems listed in RCW 41.50.030 is governed by
RCW 41.50.130. [1996 c 56 § 1.]
41.50.136 Collection of overpayments—Issuance of
warrant—Lien. Whenever a notice of determination of
liability becomes conclusive and final under RCW 41.50.135,
the director, upon giving at least twenty days notice by
certified mail return receipt requested to the individual’s last
known address of the intended action, may file with the
superior court clerk of any county within the state a warrant
in the amount of the notice of determination of liability plus
a filing fee under RCW 36.18.012(10). The clerk of the
county where the warrant is filed shall immediately designate
a superior court cause number for the warrant, and the clerk
shall cause to be entered in the judgment docket under the
superior court cause number assigned to the warrant, the
name of the person mentioned in the warrant, the amount of
the notice of determination of liability, and the date when the
warrant was filed. The amount of the warrant as docketed
shall become a lien upon the title to, and any interest in, all
real and personal property of the person against whom the
warrant is issued, the same as a judgment in a civil case
[Title 41 RCW—page 264]
duly docketed in the office of such clerk. A copy of the
warrant shall be mailed to the person mentioned in the
warrant by certified mail to the person’s last known address
within five days of its filing with the clerk. [2001 c 146 §
5; 1996 c 56 § 2.]
41.50.137 Collection of overpayments—Department
may issue subpoenas. The department may issue subpoenas
to compel the statement of witnesses and the production of
any books, records, or documents necessary or relevant to
the department’s administration of duties under this chapter.
It is unlawful for any person or entity, without just cause, to
fail to comply with any subpoena issued under this section.
[1996 c 56 § 3.]
41.50.138 Collection of overpayments—Waiver of
overpayment. (1) The director may waive repayment of all
or part of a retirement allowance overpayment, under RCW
41.50.130 only, if:
(a) The overpayment was not the result of the retiree’s
or the beneficiary’s nondisclosure, fraud, misrepresentation,
or other fault; and
(b) The director finds in his or her sole discretion that
recovery of the overpayment would be a manifest injustice.
(2) The director may not waive an overpayment if the
member, retiree, or beneficiary:
(a) Provided incorrect information to the department or
the employer which caused the overpayment;
(b) Failed to provide information to the department or
the employer which was necessary to correctly calculate the
retirement allowance;
(c) Caused the employer to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that he or
she was in receipt of an overpayment.
(3) If the director waives an overpayment and the
overpayment occurred because the member’s or retiree’s
employer:
(a) Provided incorrect information to the department
which caused the overpayment;
(b) Failed to provide information to the department
which was necessary to correctly calculate the retirement
allowance;
(c) Caused another party to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that the
information provided would cause the retiree or beneficiary
to be overpaid;
then the department shall bill the member’s or retiree’s
employer for the amount of the overpayment that would
have been recoverable under RCW 41.50.130 had the
overpayment not been waived pursuant to this section.
(4) Nothing in this section authorizes the director to
waive the prospective correction of an overstated retirement
allowance.
(5) If the director waives an overpayment he or she
must state in writing:
(a) The nature of and reason for the overpayment;
(b) The reason for the waiver; and
(c) The amount of the overpayment that is waived.
(2002 Ed.)
Department of Retirement Systems
41.50.138
The department will maintain a file containing documentation of all overpayments waived. The department will
provide the file to any person upon request.
(6) This section applies to overpayments identified on
or after September 1, 1994. [1996 c 56 § 4.]
may be due from the employee or beneficiary shall in no
way cause the employer obligation for the total liability to be
lessened. [1982 1st ex.s. c 52 § 33.]
41.50.139
Retirement status reports—
Overpayments—Employer obligations. (1) Retirement
system employers shall elicit on a written form from all new
employees as to their having been retired from a retirement
system listed in RCW 41.50.030. Employers must report
any retirees in their employ to the department. If a retiree
works in excess of applicable postretirement employment
restrictions and the employer failed to report the employment
of the retiree, that employer is liable for the loss to the trust
fund.
(2) If an employer erroneously reports to the department
that an employee has separated from service such that a
person receives a retirement allowance in contravention of
the applicable retirement system statutes, the person’s
retirement status shall remain unaffected and the employer
is liable for the resulting overpayments.
(3) Upon receipt of a billing from the department, the
employer shall pay into the appropriate retirement system
trust fund the amount of the overpayment plus interest as
determined by the director. The employer’s liability under
this section shall not exceed the amount of overpayments
plus interest received by the retiree within three years of the
date of discovery, except in the case of fraud. In the case of
fraud, the employer is liable for the entire overpayment plus
interest. [1997 c 254 § 16.]
41.50.145 Plan 3—Loss of investment return due to
error—Liability. (1) If the department determines that due
to employer error a member of plan 3 has suffered a loss of
investment return, the employer shall pay the department for
credit to the member’s account the amount determined by
the department as necessary to correct the error.
(2) If the department determines that due to departmental error a member of plan 3 has suffered a loss of investment return, the department shall credit to the member’s
account from the appropriate retirement system combined
plan 2 and 3 fund the amount determined by the department
as necessary to correct the error. [1999 c 223 § 2; 1998 c
341 § 515.]
Intent—Construction—Application—1997 c 254: See notes
following RCW 41.26.490.
41.50.140 Cooperation of employers in administration of systems—Employer contributions for retroactive
service credit—Employee contributions paid by employer.
(1) Every employer participating in one or more of the
retirement systems listed in RCW 41.50.030 shall fully
cooperate in the administration of the systems in which its
employees participate, including the distribution of information to employees, and shall accept and carry out all other
duties as required by law, regulation, or administrative
instruction.
(2) If an employee is entitled to retroactive service
credit which was not previously established through no fault
of the employee, or through an employer error which has
caused a member’s compensation or contributions to be
understated or overstated so as to cause a loss to the retirement funds, the director may bill the employer for the loss,
to include interest, if applicable. The employer contributions, with interest thereon, will be treated as if in fact the
interest was part of the normal employer contribution and no
distribution of interest received shall be required.
(3) Employer-paid employee contributions will not be
credited to a member’s account until the employer notifies
the director in writing that the employer has been reimbursed
by the employee or beneficiary for the payment. The employer shall have the right to collect from the employee the
amount of the employee’s obligation. Failure on the part of
the employer to collect all or any part of the sums which
(2002 Ed.)
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—1999 c 223: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 10, 1999]." [1999 c 223 § 4.]
Effective date—1998 c 341: See note following RCW 41.34.060.
41.50.150 Retirement benefits based on excess
compensation—Employer liable for extra retirement
costs. (1) The employer of any employee whose retirement
benefits are based in part on excess compensation, as defined
in this section, shall, upon receipt of a billing from the
department, pay into the appropriate retirement system the
present value at the time of the employee’s retirement of the
total estimated cost of all present and future benefits from
the retirement system attributable to the excess compensation. The state actuary shall determine the estimated cost
using the same method and procedure as is used in preparing
fiscal note costs for the legislature. However, the director
may in the director’s discretion decline to bill the employer
if the amount due is less than fifty dollars. Accounts
unsettled within thirty days of the receipt of the billing shall
be assessed an interest penalty of one percent of the amount
due for each month or fraction thereof beyond the original
thirty-day period.
(2) "Excess compensation," as used in this section,
includes the following payments, if used in the calculation of
the employee’s retirement allowance:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes
of this subsection means:
(i) Any payment in lieu of an accrual of annual leave;
or
(ii) Any payment added to salary or wages, concurrent
with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense
or transportation allowance to the extent that payment
qualifies as reportable compensation in the member’s
retirement system;
(d) The portion of any payment, including overtime
payments, that exceeds twice the regular daily or hourly rate
of pay; and
(e) Any termination or severance payment.
[Title 41 RCW—page 265]
41.50.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) This section applies to the retirement systems listed
in RCW 41.50.030 and to retirements occurring on or after
March 15, 1984. Nothing in this section is intended to
amend or determine the meaning of any definition in chapter
2.10, 2.12, 41.26, 41.32, 41.40, 41.35, or 43.43 RCW or to
determine in any manner what payments are includable in
the calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this
section because of the death of any person either before or
after the billing from the department. [1998 c 341 § 509;
1997 c 221 § 1; 1995 c 244 § 1; 1984 c 184 § 1.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Application—1995 c 244 § 1: "The definition of "cash out"
added to RCW 41.50.150(2)(a) by this act is a clarification of the
legislature’s original intent regarding the meaning of the term. The
definition of "cash out" applies retroactively to payments made before July
23, 1995." [1995 c 244 § 2.]
Severability—1984 c 184: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 184 § 31.]
41.50.152 Payment of excess compensation—Public
notice requirements. (1) Except as limited by subsection
(3) of this section, the governing body of an employer under
chapter 41.32, 41.35, or 41.40 RCW shall comply with the
provisions of subsection (2) of this section prior to executing
a contract or collective bargaining agreement with members
under chapter 41.32, 41.35, or 41.40 RCW which provides
for:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes
of this subsection means any payment in lieu of an accrual
of annual leave or any payment added to regular salary,
concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense
or transportation allowance;
(d) The portion of any payment, including overtime
payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that
includes a compensation provision listed in subsection (1) of
this section shall do so only after public notice in compliance with the open public meetings act, chapter 42.30 RCW.
This notification requirement may be accomplished as part
of the approval process for adopting a contract in whole, and
does not require separate or additional open public meetings.
At the public meeting, full disclosure shall be made of the
nature of the proposed compensation provision, and the
employer’s estimate of the excess compensation billings
under RCW 41.50.150 that the employing entity would have
to pay as a result of the proposed compensation provision.
The employer shall notify the department of its compliance
with this section at the time the department bills the employer under RCW 41.50.150 for the pension impact of compensation provisions listed in subsection (1) of this section that
are adopted after July 23, 1995.
(3) The requirements of subsection (2) of this section
shall not apply to the adoption of a compensation provision
listed in subsection (1) of this section if the compensation
would not be includable in calculating benefits under chapter
[Title 41 RCW—page 266]
41.32, 41.35, or 41.40 RCW for the employees covered by
the compensation provision. [1998 c 341 § 510; 1995 c 387
§ 1.]
Effective date—1998 c 341: See RCW 41.35.901.
41.50.155 Erroneous withdrawals of contributions—
Restoration. (1) If a person receives a withdrawal of
accumulated contributions from any of the retirement
systems listed in RCW 41.50.030 in contravention of the
restrictions on withdrawal for the particular system, the
member shall no longer be entitled to credit for the period of
service represented by the withdrawn contributions. The
erroneous withdrawal shall be treated as an authorized
withdrawal, subject to all conditions imposed by the
member’s system for restoration of withdrawn contributions.
Failure to restore the contributions within the time permitted
by the system shall constitute a waiver by the member of
any right to receive a retirement allowance based upon the
period of service represented by the withdrawn contributions.
(2) All erroneous withdrawals occurring prior to June 9,
1994, shall be subject to the provisions of this section. The
deadline for restoring the prior erroneous withdrawals shall
be five years from June 9, 1994, for members who are
currently active members of a system. [1994 c 177 § 4.]
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.160 Restoration of withdrawn contributions.
The department of retirement systems shall incorporate the
development of individual member accounts receivable into
its information systems projects for fiscal years 1993 and
1994, so that by January 1, 1994, members of state retirement systems who are otherwise eligible to restore previously withdrawn contributions have the option to make restoration in a manner determined by the department. [1994 c 197
§ 31; 1992 c 195 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.50.165 Establishing, restoring service credit—
Conditions. (1) Except for those affected by subsection (4)
of this section, a member of a retirement system specified by
RCW 41.50.030 or, one previously established by the state
but closed to new membership, may, as provided in each
retirement system:
(a) Establish allowable membership service not previously credited;
(b) Restore all or a part of that previously credited
membership service represented by withdrawn contributions;
or
(c) Restore service credit represented by a lump sum
payment in lieu of benefits.
(2) Persons who previously have failed to:
(a) Establish service credit for service previously earned;
or
(b) Reestablish service credit by the restoration of
withdrawn contributions or repayment of a lump sum
payment in lieu of a benefit, may now establish or reestablish such service credit by paying the actuarial value of the
resulting increase in their benefit in a manner defined by the
department.
(2002 Ed.)
Department of Retirement Systems
(3) Any establishment of service credit for service
previously rendered, restoration of service credit destroyed,
or repayment of a lump sum received in lieu of benefit must
be completed prior to retirement.
(4) Service credit is established for or restored to the
period in which the service credit is earned. [1994 c 197 §
2.]
Intent—1994 c 197: "(1) This act removes the time limitations within
the state’s retirement systems for:
(a) The restoration of service credit represented by employee
contributions withdrawn by a member of a state’s retirement systems; or
(b) The crediting of certain service that, under the provisions of the
system, was not creditable at the time it was performed, such as a probationary period or interrupted military service.
(2) This act expands the current procedures for establishing service
credit previously earned, restoring withdrawn contributions, or repaying
lump sums received in lieu of a benefit. In so doing, it allows the member
of one of the state’s retirement systems to obtain additional service credit
by paying the value of this added benefit that was previously unavailable."
[1994 c 197 § 1.]
Severability—1994 c 197: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 197 § 37.]
Effective date—1994 c 197: "This act shall take effect January 1,
1995." [1994 c 197 § 38.]
41.50.170 Notification of restoration rights. Upon
termination for reasons other than retirement, the department
shall inform a member withdrawing his or her contributions,
and the member shall acknowledge in writing, of the right to
restore such contributions upon reestablishment of membership in the respective retirement system and the requirements
involved in such restoration. [1994 c 197 § 3.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.50.175 Adoption of rules. The department shall
adopt rules under chapter 34.05 RCW implementing and
administering chapter 197, Laws of 1994. These rules are to
include, but are not limited to:
(1) The application and calculation of actuarial value,
with the agreement of the state actuary; and
(2) Establishing the minimum partial payment or the
minimum units of restored service, or both. [1994 c 197 §
4.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
41.50.200 Subdivision of retirement system funds.
In the records of the teachers’ retirement system the
teachers’ retirement system plan 1 fund shall be subdivided
into the member reserve, the pension reserve, and other
funds as may from time to time be created by the director
for the purpose of the internal accounting record. The
director may adopt rules creating or deleting funds as he or
she deems necessary. [1992 c 212 § 2; 1991 c 35 § 32;
1989 c 273 § 16; 1982 1st ex.s. c 52 § 7; 1969 ex.s. c 150
§ 1; 1963 ex.s. c 14 § 2; 1955 c 274 § 2; 1947 c 80 § 3;
Rem. Supp. 1947 § 4995-28. Prior: 1941 c 97 § 2, part;
1937 c 221 § 3, part; 1923 c 187 § 5, part; Rem. Supp. 1941
§ 4995-3, part. Formerly RCW 41.32.030.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
(2002 Ed.)
41.50.165
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—1969 ex.s. c 150: "The provisions of sections 1
through 20 of this 1969 amendatory act shall take effect on July 1, 1969."
[1969 ex.s. c 150 § 21.]
41.50.205 Records—Teachers’ retirement system
annual report. The department shall keep a record of all its
proceedings, which shall be open to public inspection. It
shall publish annually a report showing the fiscal transactions of the Washington state teachers’ retirement system for
the preceding school year; the amount of the accumulated
cash and securities of the system, and the last balance sheet
showing the financial condition of the system by means of
an actuarial valuation of the assets and liabilities of the
retirement system. [1991 c 35 § 33; 1969 ex.s. c 150 § 4;
1947 c 80 § 12; Rem. Supp. 1947 § 4995-31. Prior: 1941
c 97 § 2, part; 1937 c 221 § 3, part; Rem. Supp. 1941 §
4995-3, part. Formerly RCW 41.32.120.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW
41.50.200.
41.50.210 Medical director. The director shall
designate a medical director. If required, other physicians
may be employed to report on special cases. The medical
director shall arrange for and pass upon all medical examinations required under the provisions of chapter 41.32 RCW,
investigate all essential statements and certificates by or on
behalf of a member in connection with an application for a
disability allowance, and report in writing to the board of
trustees the conclusions and recommendations upon all
matters under referral. [1992 c 72 § 10; 1991 c 35 § 34;
1947 c 80 § 13; Rem. Supp. 1947 § 4995-32. Prior: 1941
c 97 § 2, part; 1937 c 221 § 3, part; Rem. Supp. 1941 §
4995-3, part. Formerly RCW 41.32.130.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.215 Teachers’ retirement system funds—
Annual interest to be credited. From interest and other
earnings on the moneys of the Washington state teachers’
retirement system, and except as otherwise provided in
*RCW 41.32.499, at the close of each fiscal year the department shall make an allowance of regular interest on the
balance which was on hand at the beginning of the fiscal
year in each of the teachers’ retirement system funds as they
may deem advisable; however, no interest shall be credited
to the expense fund. [1992 c 212 § 6; 1991 c 35 § 36; 1973
1st ex.s. c 189 § 7; 1955 c 274 § 5; 1947 c 80 § 19; Rem.
Supp. 1947 § 4995-38. Prior: 1941 c 97 § 6, part; 1939 c
86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 §
4995-7, part. Formerly RCW 41.32.190.]
*Reviser’s note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1973 1st ex.s. c 189: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 189 § 12.]
41.50.220 Trustees, employees not to guarantee
loans. No trustee or employee of the department shall
become an endorser or surety or an obligor for moneys
[Title 41 RCW—page 267]
41.50.220
Title 41 RCW: Public Employment, Civil Service, and Pensions
loaned by the department. [1991 c 35 § 37; 1947 c 80 § 23;
Rem. Supp. 1947 § 4995-42. Prior: 1941 c 97 § 6, part;
1939 c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941
§ 4995-7, part. Formerly RCW 41.32.230.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.230 Employer reports to department. On or
before a date specified by the department in each month
every employer shall file a report with the department on a
form provided, stating the name of the employer and with
respect to each employee who is a member or who is
required to become a member of the Washington state
teachers’ retirement system: (1) The full name, (2) the
earnable compensation paid, (3) the employee’s contribution
to the retirement system, and (4) other information as the department shall require. [1991 c 35 § 51; 1983 c 56 § 14;
1975-’76 2nd ex.s. c 16 § 1. Prior: 1975 1st ex.s. c 275 §
150; 1975 c 43 § 32; 1969 ex.s. c 176 § 96; 1967 c 50 § 4;
1963 ex.s. c 14 § 13; 1947 c 80 § 42; Rem. Supp. 1947 §
4995-61. Formerly RCW 41.32.420.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1983 c 56: See note following RCW 28A.195.010.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Effective date—1969 ex.s. c 176: See note following RCW
41.32.010.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.50.235 Teachers’ retirement system salary
deductions. Every officer authorized to issue salary
warrants to teachers shall deduct from the salary payments
to any member of the Washington state teachers’ retirement
system plan 1 regularly employed an amount which will
result in total deductions of six percent of the amount of
earnable compensation paid in any fiscal year. These
deductions shall be transmitted and reported to the retirement
system as directed by the department. [1991 c 35 § 52;
1967 c 50 § 5; 1963 ex.s. c 14 § 14; 1955 c 274 § 20; 1947
c 80 § 43; Rem. Supp. 1947 § 4995-62. Prior: 1941 c 97
§ 5, part; 1939 c 86 § 5, part; 1937 c 221 § 6, part; Rem.
Supp. 1941 § 4995-6, part. Formerly RCW 41.32.430.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.50.240 Duties of payroll officer. The person
responsible for making up the payroll shall transmit promptly
to the department at the end of each and every payroll period
a copy of the original payroll voucher or such other payroll
report as the department may require showing thereon all
deductions for contributions for the teachers’ retirement
system made from the earnable compensation of a member
of the teachers’ retirement system together with warrants or
checks covering the total of such deductions. The department shall place such moneys into the proper funds established in this chapter. [1977 ex.s. c 293 § 17. Formerly
RCW 41.32.830.]
[Title 41 RCW—page 268]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.50.255 Payment of legal and medical expenses of
retirement systems. The director is authorized to pay from
the interest earnings of the trust funds of the public
employees’ retirement system, the teachers’ retirement system, the Washington state patrol retirement system, the
Washington judicial retirement system, the judges’ retirement
system, the school district employees’ retirement system, or
the law enforcement officers’ and fire fighters’ retirement
system lawful obligations of the appropriate system for legal
expenses and medical expenses which expenses are primarily
incurred for the purpose of protecting the appropriate trust
fund or are incurred in compliance with statutes governing
such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for
court reporters, cost of transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for
attendance at discovery proceedings or hearings.
The director may also pay from the interest earnings of
the trust funds specified in this section costs incurred in
investigating fraud and collecting overpayments, including
expenses incurred to review and investigate cases of possible
fraud against the trust funds and collection agency fees and
other costs incurred in recovering overpayments. Recovered
funds must be returned to the appropriate trust funds. [1998
c 341 § 511; 1995 c 281 § 1; 1993 sp.s. c 24 § 916; 1991 c
35 § 73; 1984 c 184 § 7. Formerly RCW 41.40.083.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1995 c 281: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 281 § 2.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
41.50.260 Public employees’ retirement system
funds created. For the purpose of the internal accounting
record of the public employees’ retirement system and not
the segregation of moneys on deposit with the state treasurer
there are hereby created the employees’ savings fund, the
benefit account fund, and such other funds as the director
may from time to time create.
(1) The employees’ savings fund shall be the fund in
which shall be accumulated the contributions from the
compensation of public employees’ retirement system members. The director shall provide for the maintenance of an
individual account for each member of the public employees’
retirement system showing the amount of the member’s
contributions together with interest accumulations thereon.
The contributions of a member returned to the former
employee upon the individual’s withdrawal from service, or
(2002 Ed.)
Department of Retirement Systems
paid in event of the employee’s or former employee’s death,
as provided in chapter 41.40 RCW, shall be paid from the
employees’ savings fund. The accumulated contributions of
a member, upon the commencement of the individual’s
retirement, shall be transferred from the employees’ savings
fund to the benefit account fund.
(2) The benefit account fund shall be the fund in which
shall be accumulated the reserves for the payment of all
public employees’ retirement system retirement allowances
and death benefits, if any, in respect of any beneficiary. The
amounts contributed by all public employees’ retirement
system employers to provide pension benefits shall be
credited to the benefit account fund. The benefit account
fund shall be the fund from which shall be paid all public
employees’ retirement system retirement allowances, or
benefits in lieu thereof because of which reserves have been
transferred from the employees’ savings fund to the benefit
account fund. At the time a recipient of a retirement
allowance again becomes a member of the public employees’
retirement system, the department shall transfer from the
benefit account fund to the employees’ savings fund and
credit to the individual account of such a member a sum
equal to the excess, if any, of the individual’s account at the
date of the member’s retirement over any service retirement
allowance received since that date. [1992 c 212 § 11; 1991
c 35 § 74; 1982 1st ex.s. c 52 § 18; 1973 1st ex.s. c 190 §
4; 1972 ex.s. c 151 § 2; 1967 c 127 § 2; 1963 c 174 § 7;
1953 c 200 § 4; 1949 c 240 § 6; 1947 c 274 § 11; Rem.
Supp. 1949 § 11072-11. Formerly RCW 41.40.100.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
41.50.265 Public employees’ retirement system
funds—Report of the state treasurer—Members may
receive reports and statements. The state treasurer shall
furnish annually to the department a statement of the amount
of the funds in the treasurer’s custody belonging to the
public employees’ retirement system. Copies of this annual
report shall be available to public employees’ retirement
system members upon request. The records of the department shall be open to public inspection. Any member of the
public employees’ retirement system shall be furnished with
a statement of the amount to the credit of his or her individual account in the employees’ savings fund upon his or her
written request, provided that the department shall not be
required to answer more than one such request of any
member in any one year. [1991 c 35 § 75; 1947 c 274 § 12;
Rem. Supp. 1947 § 11072-12. Formerly RCW 41.40.110.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.270 Transmittal of total of public employees’
retirement system members’ deductions. The person
responsible for making up the payroll shall transmit promptly
to the department at the end of each and every payroll period
a copy of the original payroll voucher or any other payroll
report as the department may require showing thereon all
deductions for the public employees’ retirement system made
from the compensation earnable of each member, together
(2002 Ed.)
41.50.260
with warrants or checks covering the total of the deductions.
The department after making a record of all receipts shall
pay them to the state treasurer for use according to the
provisions of chapter 41.40 RCW. [1991 c 35 § 90; 1977
ex.s. c 295 § 19; 1947 c 274 § 36; Rem. Supp. 1947 §
11072-36. Formerly RCW 41.40.350.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.500 Mandatory assignment of retirement
benefits—Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout
RCW 41.50.500 through 41.50.650, 41.50.670 through
41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a
withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits
of an individual remaining after the deduction from those
benefits of any amount required by law to be withheld. The
term "required by law to be withheld" does not include any
deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or
order of spousal maintenance, property division, or courtapproved property settlement incident to a decree of divorce,
dissolution, invalidity, or legal separation issued by the
superior court of the state of Washington or a judgment,
decree, or other order of spousal support issued by a court
of competent jurisdiction in another state or country, that has
been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an
order issued to the department of retirement systems pursuant to RCW 41.50.570 to withhold and deliver benefits
payable to an obligor under chapter 2.10, 2.12, 41.26, 41.32,
41.40, 41.35, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom
a duty of spousal maintenance or property division obligation
is owed.
(6) "Obligor" means the spouse or ex spouse owing a
duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic
payments of retirement allowances, including but not limited
to service retirement allowances, disability retirement
allowances, and survivors’ allowances. The term does not
include a withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding
court-ordered property division or court-approved property
settlement obligation incident to a decree of divorce, dissolution, or legal separation.
(9) "Standard allowance" means a benefit payment
option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a),
41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1),
41.40.845(1)(a), or 41.35.220 that ceases upon the death of
the retiree. Standard allowance also means the benefit
allowance provided under RCW 2.10.110, 2.10.130,
43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW.
Standard allowance also means the maximum retirement
allowance available under RCW 41.32.530(1) following
member withdrawal of accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means
a lump sum payment to a retirement system member of all
or a part of the member’s accumulated contributions,
[Title 41 RCW—page 269]
41.50.500
Title 41 RCW: Public Employment, Civil Service, and Pensions
including accrued interest, at the request of the member
including any lump sum amount paid upon the death of the
member. [2000 c 247 § 603; 1998 c 341 § 512; 1991 c 365
§ 1; 1987 c 326 § 1.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Severability—1991 c 365: "If any provision of this act or its
application to any person or circumstances is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 365 § 37.]
41.50.510 Mandatory assignment of retirement
benefits—Remedies—Applicability. (1) The remedies
provided in RCW 41.50.530 through 41.50.650 and
26.09.138 are in addition to, and not in substitution for, any
other remedies provided by law to enforce a dissolution
order against an obligor.
(2) The remedies provided in RCW 41.50.530 through
41.50.630 shall be the exclusive remedies enforceable against
the department of retirement systems or the retirement
systems listed in RCW 41.50.030 to recover spousal maintenance pursuant to a dissolution, divorce, or legal separation
order.
(3) RCW 41.50.530 through 41.50.650 and 26.09.138
apply to all dissolution orders incident to a decree of
divorce, dissolution, or legal separation whether entered
before or after July 1, 1987. [1991 c 365 § 2; 1987 c 326
§ 2.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.520 Mandatory assignment of retirement
benefits—Other remedies not limited. Nothing in RCW
41.50.500 through 41.50.650 limits the use of any and all
civil and criminal remedies against an obligor to enforce the
obligations of a dissolution order. [1987 c 326 § 3.]
41.50.530 Mandatory assignment of retirement
benefits—Proceeding to enforce spousal maintenance—
Venue—Jurisdiction. (1) A proceeding to enforce a duty
of spousal maintenance through a mandatory benefits
assignment order may be commenced by an obligee:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing
cause number.
(2) Venue for the action is in the superior court of the
county of the state of Washington where the obligee resides
or is present, where the obligor resides, or where the prior
dissolution order was entered.
(3) The court retains continuing jurisdiction under RCW
41.50.500 through 41.50.650 and 26.09.138 until the obligor
has satisfied all duties of spousal maintenance, including
arrearages, to the obligee. [1991 c 365 § 3; 1987 c 326 §
4.]
Severability—1991 c 365: See note following RCW 41.50.500.
greater than one hundred dollars or if the obligor requests a
withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order without prior notice to the
obligor. Failure to include this provision does not affect the
validity of the dissolution order.
(2) If the dissolution order under which the obligor
owes the duty of spousal maintenance is not in compliance
with subsection (1) of this section or if the obligee cannot
show that the obligor has approved or received a copy of the
court order or decree that complies with subsection (1) of
this section, then notice shall be provided to the obligor at
least fifteen days before the obligee seeks a mandatory
benefits assignment order. The notice shall state that, if a
spousal maintenance payment is more than fifteen days past
due and the total of such past due payments is equal to or
greater than one hundred dollars or if the obligor requests a
withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order without further notice to the
obligor. Service of the notice shall be by personal service,
or by any form of mail requiring a return receipt. The
notice requirement under this subsection is not jurisdictional.
[1991 c 365 § 4; 1987 c 326 § 5.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.550 Mandatory assignment of retirement
benefits—Withdrawal of accumulated contributions—
Notice to obligee—Payment to obligee. (1) An obligee
who wishes to be notified by the department of retirement
systems if the obligor seeks a withdrawal of accumulated
contributions shall submit such a request to the department
in writing on a form supplied by the department. The
request shall be filed by certified or registered mail and shall
include the obligee’s address and a copy of the dissolution
order requiring the spousal maintenance owed.
(2) The department shall thereafter promptly send notice
to the obligee at the address provided in subsection (1) of
this section when the obligor applies for a withdrawal of
accumulated contributions. The department shall not process
the obligor’s request for a withdrawal of accumulated
contributions sooner than seventy-five days after sending the
notice to the obligee.
(3) The department shall pay directly to an obligee who
has not obtained a mandatory benefits assignment order all
or part of the accumulated contributions if the dissolution
order filed with the department pursuant to subsection (1) of
this section includes a provision that states:
"At such time as . . . . . . (the obligor) requests a
withdrawal of accumulated contributions as defined in RCW
41.50.500, the department of retirement systems shall pay to
. . . . . . (the obligee) . . . . . . dollars from such accumulated contributions or . . . percentage of such accumulated
contributions (whichever is provided by the court)." [1991
c 365 § 5; 1987 c 326 § 6.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.540 Mandatory assignment of retirement
benefits—Notice to obligor. (1) Every court order or
decree establishing a spousal maintenance obligation may
state that if any such payment is more than fifteen days past
due and the total of such past due payments is equal to or
[Title 41 RCW—page 270]
41.50.560 Mandatory assignment of retirement
benefits—Petition for order. (1) A petition or motion
seeking a mandatory benefits assignment order in an action
under RCW 41.50.530 may be filed by an obligee if the
(2002 Ed.)
Department of Retirement Systems
obligor is more than fifteen days past due in spousal maintenance payments and the total of such past due payments is
equal to or greater than one hundred dollars or if the obligor
requests a withdrawal of accumulated contributions from the
department of retirement systems. The petition or motion
shall include a sworn statement by the obligee, stating the
facts authorizing the issuance of the mandatory benefits
assignment order, including:
(a) That the obligor, stating his or her name, residence,
and social security number, (i) is more than fifteen days past
due in spousal maintenance payments and that the total of
such past due payments is equal to or greater than one
hundred dollars, or (ii) has requested a withdrawal of accumulated contributions from the department of retirement
systems;
(b) A description of the terms of the dissolution order
requiring payment of spousal maintenance and the amount,
if any, past due;
(c) The name of the public retirement system or systems
from which the obligor is currently receiving periodic
retirement benefits or from which the obligor has requested
a withdrawal of accumulated contributions; and
(d) That notice has been provided to the obligor as
required by RCW 41.50.540.
(2) If the court in which a mandatory benefits assignment order is sought does not already have a copy of the
dissolution order in the court file, then the obligee shall
attach a copy of the dissolution order to the petition or motion seeking the mandatory benefits assignment order. [1991
c 365 § 6; 1987 c 326 § 7.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.570 Mandatory assignment of retirement
benefits—Issuance of order. Upon receipt of a petition or
motion seeking a mandatory benefits assignment order that
complies with RCW 41.50.560, the court shall issue a
mandatory benefits assignment order as provided in RCW
41.50.590, including the information required in RCW
41.50.580 (1)(a) or (2)(a), directed to the department of
retirement systems, and commanding the department to
answer the order on the forms served with the order that
comply with RCW 41.50.610 within twenty days after
service of the order upon the department. [1987 c 326 § 8.]
41.50.580 Mandatory assignment of retirement
benefits—Order—Contents. (1)(a) The mandatory benefits
assignment order issued pursuant to RCW 41.50.570 and directed at periodic retirement benefits shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor’s periodic retirement
benefits each month;
(ii) The total amount of the arrearage judgments
previously entered by the court, if any, together with interest,
if any; and
(iii) The maximum amount to be withheld from the
obligor’s periodic retirement payments each month to satisfy
the arrearage judgments specified in (a)(ii) of this subsection.
(b) The total amount to be withheld from the obligor’s
periodic retirement payments each month pursuant to a
mandatory benefits assignment order shall not exceed fifty
percent of the disposable benefits of the obligor. If the
(2002 Ed.)
41.50.560
amounts to be paid toward the arrearage are specified in the
assignment order, then the maximum amount to be withheld
is the sum of the current maintenance ordered and the
amount ordered to be paid toward the arrearage, or fifty percent of the disposable benefits of the obligor, whichever is
less.
(c) Fifty percent of the disposable benefits of the obligor
are exempt from collection under the assignment order, and
may be disbursed by the department to the obligor. The
provisions of RCW 6.27.150 do not apply to mandatory
benefits assignment orders under this chapter.
(2)(a) A mandatory benefits assignment order issued
pursuant to RCW 41.50.570 and directed at a withdrawal of
accumulated contributions shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor’s accumulated
contributions;
(ii) The total amount of the arrearage judgments for
spousal maintenance payments entered by the court, if any,
together with interest, if any; and
(iii) The amount to be withheld from the obligor’s
withdrawal of accumulated contributions to satisfy the
current maintenance obligation and the arrearage judgments
specified in (a) (i) and (ii) of this subsection;
(b) The total amount to be withheld from the obligor’s
withdrawal of accumulated contributions may be up to one
hundred percent of the disposable benefits of the obligor.
(3) If an obligor is subject to two or more mandatory
benefits assignment orders on account of different obligees
and if the nonexempt portion of the obligor’s benefits is not
sufficient to respond fully to all the mandatory benefits
assignment orders, the department shall apportion the
obligor’s nonexempt disposable benefits among the various
obligees in proportionate shares to the extent permitted by
federal law. Any obligee may seek a court order directing
the department to reapportion the obligor’s nonexempt
disposable earnings upon notice to all interested obligees.
The order must specifically supersede the terms of previous
mandatory benefits assignment orders the terms of which it
alters. Notice shall be by personal service, or in a manner
provided by the civil rules of superior court or applicable
statute. [1991 c 365 § 7; 1987 c 326 § 9.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.590 Mandatory assignment of retirement
benefits—Order—Form. The mandatory benefits assignment order shall be in the following form:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR THE COUNTY OF
..........
............ ,
Obligee
vs.
No. . . . .
............ ,
Obligor
MANDATORY
BENEFITS ASSIGNMENT
ORDER
............ ,
The Department of Retirement Systems
of the State of Washington
[Title 41 RCW—page 271]
41.50.590
Title 41 RCW: Public Employment, Civil Service, and Pensions
THE STATE OF WASHINGTON TO: The Department of
Retirement Systems
AND TO:
.................................
Obligor
The above-named obligee claims that the above-named
obligor is more than fifteen days past due in spousal maintenance payments and that the total amount of such past due
payments is equal to or greater than one hundred dollars or
that the obligor has requested a withdrawal of accumulated
contributions from the department of retirement systems. The
amount of the accrued past due spousal maintenance debt as
of this date is . . . . . . dollars. If the obligor is receiving
periodic retirement payments from the department, the
amount to be withheld from the obligor’s benefits to satisfy
such accrued spousal maintenance is . . . . . . dollars per
month and the amount to be withheld from the obligor’s
benefits to satisfy current and continuing spousal maintenance is . . . . . . per month. Upon satisfaction of the
accrued past due spousal maintenance debt, the department
shall withhold only . . . . . . dollars, the amount necessary to
satisfy current and continuing spousal maintenance from the
obligor’s benefits. If the obligor has requested a withdrawal
of accumulated contributions from the department, the
amount to be withheld from the obligor’s benefits to satisfy
such accrued spousal maintenance is . . . . . . dollars.
You are hereby commanded to answer this order by
filling in the attached form according to the instructions, and
you must mail or deliver the original of the answer to the
court, one copy to the obligee or obligee’s attorney, and one
copy to the obligor within twenty days after service of this
benefits assignment order upon you.
(1) If you are currently paying periodic retirement
payments to the obligor, then you shall do as follows:
(a) Withhold from the obligor’s retirement payments
each month the lesser of:
(i) The sum of the specified arrearage payment amount
plus the specified current spousal maintenance amount; or
(ii) Fifty percent of the disposable benefits of the
obligor.
(b) The total amount withheld above is subject to the
mandatory benefits assignment order, and all other sums may
be disbursed to the obligor.
You shall continue to withhold the ordered amounts
from nonexempt benefits of the obligor until notified by a
court order that the mandatory benefits assignment order has
been modified or terminated. You shall promptly notify the
court if and when the obligor is no longer receiving periodic
retirement payments from the department of retirement
systems.
You shall deliver the withheld benefits to the clerk of
the court that issued this mandatory benefits assignment
order each month, but the first delivery shall occur no sooner
than twenty days after your receipt of this mandatory
benefits assignment order.
(2) If you are not currently paying periodic retirement
payments to the obligor but the obligor has requested a
withdrawal of accumulated contributions, then you shall do
as follows:
(a) Withhold from the obligor’s benefits the sum of the
specified arrearage payment amount plus the specified
[Title 41 RCW—page 272]
interest amount, up to one hundred percent of the disposable
benefits of the obligor.
(b) The total amount withheld above is subject to the
mandatory benefits assignment order, and all other sums may
be disbursed to the obligor.
You shall mail a copy of this order and a copy of your
answer to the obligor at the mailing address in the
department’s files as soon as is reasonably possible. This
mandatory benefits assignment order has priority over any
assignment or order of execution, garnishment, attachment,
levy, or similar legal process authorized by Washington law,
except for a wage assignment order for child support under
chapter 26.18 RCW or order to withhold or deliver under
chapter 74.20A RCW.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO
REQUEST A HEARING IN THE SUPERIOR COURT
THAT ISSUED THIS MANDATORY BENEFITS ASSIGNMENT ORDER, TO REQUEST THAT THE COURT
QUASH, MODIFY, OR TERMINATE THE MANDATORY
BENEFITS ASSIGNMENT ORDER.
DATED THIS . . . . day of . . . ., 19. . .
...................
Obligee,
or obligee’s attorney
...................
Judge/Court Commissioner
[1991 c 365 § 8; 1987 c 326 § 10.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.600 Mandatory assignment of retirement
benefits—Duties of department. (1) The director or the
director’s designee shall answer an order by sworn affidavit
within twenty days after the date of service. The answer
shall state whether the obligor receives periodic payments
from the department of retirement systems, whether the
obligor has requested a withdrawal of accumulated contributions from the department, whether the department will
honor the mandatory benefits assignment order and if not,
the reasons why, and whether there are other current court
or administrative orders on file with the department directing
the department to withhold all or a portion of the obligor’s
benefits.
(2)(a) If any periodic retirement payments are currently
payable to the obligor, the funds subject to the mandatory
benefits assignment order shall be withheld from the next
periodic retirement payment due twenty days or more after
receipt of the mandatory benefits assignment order. The
withheld amount shall be delivered to the clerk of the court
that issued the mandatory benefits assignment order each
month, but the first delivery shall occur no sooner than
twenty days after receipt of the mandatory benefits assignment order.
(b) The department shall continue to withhold the
ordered amount from nonexempt benefits of the obligor until
notified by the court that the mandatory benefits assignment
order has been modified or terminated. If the department is
initially unable to comply, or able to comply only partially,
with the withholding obligation, the court’s order shall be
interpreted to require the department to comply to the
greatest extent possible at the earliest possible date. The department shall notify the court of changes in withholding
amounts and the reason for the change. When the obligor is
(2002 Ed.)
Department of Retirement Systems
no longer eligible to receive funds from one or more public
retirement systems the department shall promptly notify the
court.
(3)(a) If no periodic retirement payments are currently
payable to the obligor but the obligor has requested a
withdrawal of accumulated contributions, the funds subject
to the mandatory benefits assignment order shall be withheld
from the withdrawal payment. The withheld amount shall be
delivered to the clerk of the court that issued the mandatory
benefits assignment order.
(b) If the department is unable to comply fully with the
withholding obligation, the court’s order shall be interpreted
to require the department to comply to the greatest extent
possible.
(4) The department may deduct a processing fee from
the remainder of the obligor’s funds after withholding under
the mandatory benefits assignment order, unless the remainder is exempt under RCW 41.50.580. The processing fee
may not exceed (a) twenty-five dollars for the first disbursement made by the department to the superior court clerk; and
(b) six dollars for each subsequent disbursement to the clerk.
Funds collected pursuant to this subsection shall be deposited
in the department of retirement systems expense fund.
(5) A court order for spousal maintenance governed by
RCW 41.50.500 through 41.50.650 or 26.09.138 shall have
priority over any other assignment or order of execution,
garnishment, attachment, levy, or similar legal process
authorized under Washington law, except for a mandatory
wage assignment for child support under chapter 26.18
RCW, or an order to withhold and deliver under chapter
74.20A RCW.
(6) If the department, without good cause, fails to
withhold funds as required by a mandatory benefits assignment order issued under RCW 41.50.570, the department
may be held liable to the obligee for any amounts wrongfully disbursed to the obligor in violation of the mandatory
benefits assignment order. However, the department shall
under no circumstances be held liable for failing to withhold
funds from a withdrawal of accumulated contributions unless
the mandatory benefits assignment order was properly served
on the department at least thirty days before the department
made the withdrawal payment to the obligor. If the department is held liable to an obligee for failing to withhold funds
as required by a mandatory benefits assignment order, the
department may recover such amounts paid to an obligee by
thereafter either withholding such amounts from the available
nonexempt benefits of the obligor or filing a legal action
against the obligor.
(7) If the department complies with a court order
pursuant to RCW 41.50.500 through 41.50.650, neither the
department, its officers, its employees, nor any of the retirement systems listed in RCW 41.50.030 may be liable to
the obligor or an obligee for wrongful withholding.
(8) The department may combine amounts withheld
from various obligors into a single payment to the superior
court clerk, if the payment includes a listing of the amounts
attributable to each obligor and other information as required
by the clerk.
(9) The department shall mail to the obligor at the
obligor’s last known mailing address appearing in the
department’s files copies of the mandatory benefits assign(2002 Ed.)
41.50.600
ment order and the department’s answer within twenty days
after receiving the mandatory benefits assignment order.
(10) The department shall not consider any withholding
allowance that is elective to the employee to be a mandatory
deduction for purposes of calculating the member’s disposable benefits subject to a mandatory benefits assignment order. The department shall withhold elective withholdings as
elected by the employee after deducting from the benefit the
amount owing to an obligee pursuant to a mandatory benefits
assignment order. [1991 c 365 § 9; 1987 c 326 § 11.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.610 Mandatory assignment of retirement
benefits—Order—Answer—Form. The answer of the
department shall be made on forms, served on the director
with the mandatory benefits assignment order, substantially
as follows:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . . . .
............
Obligee
vs.
............
Obligor
No.
...............
ANSWER TO
MANDATORY BENEFITS
ASSIGNMENT ORDER
............
Department of Retirement Systems of
the State of Washington
1. At the time of the service of the mandatory benefits
assignment order on the department, was the above-named
obligor receiving periodic retirement payments from the
department of retirement systems?
Yes . . . . . . No . . . . . . (check one).
2. At the time of the service of the mandatory benefits
assignment order on the department, had the above-named
obligor requested a withdrawal of accumulated contributions
from the department?
Yes . . . . . . No . . . . . . (check one).
3. Are there any other court or administrative orders on
file with the department currently in effect directing the
department to withhold all or a portion of the obligor’s
benefits?
Yes . . . . . . No . . . . . . (check one).
4. If the answer to question one or two is yes and the
department cannot comply fully with the mandatory benefits
assignment order, provide an explanation.
I declare under the laws of the state of Washington that
the foregoing is true and correct to the best of my knowledge.
...............
Signature of director
...................
Date and place
or
...................
...............
Signature of person
answering for director
...................
Place
[Title 41 RCW—page 273]
41.50.610
Title 41 RCW: Public Employment, Civil Service, and Pensions
...............
Connection with director
[1987 c 326 § 12.]
41.50.620 Mandatory assignment of retirement
benefits—Order—Service. (1) Service of the mandatory
benefits assignment order on the department is invalid unless
it is served with four answer forms in conformance with
RCW 41.50.610, together with stamped envelopes addressed
to, respectively, the clerk of the court where the order was
issued, the obligee’s attorney or the obligee, and the obligor
at the last mailing address known to the obligee. The
obligee shall also include an extra copy of the mandatory
benefits assignment order for the department to mail to the
obligor. Service on the department shall be in person or by
any form of mail requiring a return receipt.
(2) On or before the date of service of the mandatory
benefits assignment order on the department, the obligee
shall mail or cause to be mailed by certified or registered
mail a copy of the mandatory benefits assignment order to
the obligor at the obligor’s last mailing address known to the
obligee; or, in the alternative, a copy of the mandatory
benefits assignment order shall be served on the obligor in
the same manner as a summons in a civil action on, before,
or within two days after the date of service of the order on
the department. This requirement is not jurisdictional, but if
the copy is not mailed or served as this subsection requires,
or if any irregularity appears with respect to the mailing or
service, the superior court, in its discretion, may quash the
mandatory benefits assignment order, upon motion of the
obligor promptly made and supported by an affidavit
showing that the obligor has been prejudiced due to the
failure to mail or serve the copy. [1991 c 365 § 10; 1987 c
326 § 13.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.630 Mandatory assignment of retirement
benefits—Hearing to quash, modify, or terminate order.
In a hearing to quash, modify, or terminate the mandatory
benefits assignment order, the court may grant relief only
upon a showing that the mandatory benefits assignment order
causes extreme hardship or substantial injustice. Satisfaction
by the obligor of all past due payments subsequent to the
issuance of the mandatory benefits assignment order is not
grounds to quash, modify, or terminate the mandatory
benefits assignment order. If a mandatory benefits assignment order has been in operation for twelve consecutive
months and the obligor’s spousal maintenance is current, the
court may terminate the order upon motion of the obligor
unless the obligee can show good cause as to why the mandatory benefits assignment order should remain in effect.
[1991 c 365 § 11; 1987 c 326 § 14.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.640 Mandatory assignment of retirement
benefits—Award of costs to prevailing party. In any
action to enforce a dissolution order by means of a mandatory benefits assignment order pursuant to RCW 41.50.530
through 41.50.630 and 26.09.138, the court may award costs
to the prevailing party, including an award for reasonable
[Title 41 RCW—page 274]
attorneys’ fees consistent with RCW 26.09.140. An obligor
shall not be considered a prevailing party under this section
unless the obligee has acted in bad faith in connection with
the proceeding in question. This section does not authorize
an award of attorneys’ fees against the department of
retirement systems or any of the retirement systems listed in
RCW 41.50.030. [1987 c 326 § 15.]
41.50.650 Payments pursuant to court orders
entered under prior law. (1) Notwithstanding RCW
2.10.180(1), 2.12.090(1), *41.26.180(1), 41.32.052(1),
41.40.052(1), and 43.43.310(1) as those sections existed
between July 1, 1987, and July 28, 1991, the department of
retirement systems shall make direct payments of benefits to
a spouse or ex spouse pursuant to court orders or decrees
entered before July 1, 1987, that complied with all the
requirements in RCW 2.10.180(1), 2.12.090(2),
*41.26.180(3), 41.32.052(3), 41.40.052(3), 43.43.310(2), and
41.04.310 through 41.04.330, as such requirements existed
before July 1, 1987. The department shall be responsible for
making direct payments only if the decree or court order
expressly orders the department to make direct payments to
the spouse or ex spouse and specifies a sum certain or
percentage amount of the benefit payments to be made to the
spouse or ex spouse.
(2) The department of retirement systems shall notify a
spouse or ex spouse who, pursuant to a mandatory benefits
assignment order entered between July 1, 1987, and July 28,
1991, is receiving benefits in satisfaction of a court-ordered
property division, that he or she is entitled to receive direct
payments of a court-ordered property division pursuant to
RCW 41.50.670 if the dissolution order fully complies or is
modified to fully comply with the requirements of RCW
41.50.670 through 41.50.720 and, as applicable, RCW
2.10.180, 2.12.090, *41.26.180, 41.32.052, 41.40.052,
43.43.310, and 26.09.138. The department shall send notice
in writing as soon as reasonably feasible but no later than
ninety days after July 28, 1991. The department shall also
send notice to the obligor member spouse. [1991 c 365 §
12; 1987 c 326 § 16.]
*Reviser’s note: RCW 41.26.180 was recodified as RCW 41.26.053
pursuant to 1994 c 298 § 5.
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.660 Mandatory assignment of retirement
benefits—Rules. The director shall adopt such rules under
RCW 41.50.050 as the director may find necessary to carry
out the purposes of RCW 41.50.500 through 41.50.650 and
to avoid conflicts with any applicable federal or state laws.
[1987 c 326 § 27.]
41.50.670 Property division obligations—Direct
payments pursuant to court order. (1) Nothing in this
chapter regarding mandatory assignment of benefits to
enforce a spousal maintenance obligation shall abridge the
right of an obligee to direct payments of retirement benefits
to satisfy a property division obligation ordered pursuant to
a court decree of dissolution or legal separation or any court
order or court-approved property settlement agreement
incident to any court decree of dissolution or legal separation
as provided in RCW 2.10.180, 2.12.090, *41.04.310,
(2002 Ed.)
Department of Retirement Systems
41.04.320, 41.04.330, 41.26.053, 41.26.162, 41.32.052,
41.35.100, 41.34.070(4), 41.40.052, 43.43.310, or 26.09.138,
as those statutes existed before July 1, 1987, and as those
statutes exist on and after July 28, 1991. The department
shall pay benefits under this chapter in a lump sum or as a
portion of periodic retirement payments as expressly provided by the dissolution order. A dissolution order may not
order the department to pay a periodic retirement payment or
lump sum unless that payment is specifically authorized
under the provisions of chapter 2.10, 2.12, 41.26, 41.32,
41.35, 41.34, 41.40, or 43.43 RCW, as applicable.
(2) The department shall pay directly to an obligee the
amount of periodic retirement payments or lump sum
payment, as appropriate, specified in the dissolution order if
the dissolution order filed with the department pursuant to
subsection (1) of this section includes a provision that states
in the following form:
If . . . . . . (the obligor) receives periodic retirement
payments as defined in RCW 41.50.500, the department of
retirement systems shall pay to . . . . . . (the obligee) . . . . . .
dollars from such payments or . . . percent of such payments. If the obligor’s debt is expressed as a percentage of
his or her periodic retirement payment and the obligee does
not have a survivorship interest in the obligor’s benefit, the
amount received by the obligee shall be the percentage of
the periodic retirement payment that the obligor would have
received had he or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a
withdrawal of accumulated contributions as defined in RCW
41.50.500, or becomes eligible for a lump sum death benefit,
the department of retirement systems shall pay to . . . . . .
(the obligee) . . . . . . dollars plus interest at the rate paid by
the department of retirement systems on member contributions. Such interest to accrue from the date of this order’s
entry with the court of record.
(3) This section does not require a member to select a
standard allowance upon retirement nor does it require the
department to recalculate the amount of a retiree’s periodic
retirement payment based on a change in survivor option.
(4) A court order under this section may not order the
department to pay more than seventy-five percent of an
obligor’s periodic retirement payment to an obligee.
(5) Persons whose court decrees were entered between
July 1, 1987, and July 28, 1991, shall also be entitled to
receive direct payments of retirement benefits to satisfy
court-ordered property divisions if the dissolution orders
comply or are modified to comply with this section and
RCW 41.50.680 through 41.50.720 and, as applicable, RCW
2.10.180, 2.12.090, 41.26.053, 41.32.052, 41.35.100,
41.34.070, 41.40.052, 43.43.310, and 26.09.138.
(6) The obligee must file a copy of the dissolution order
with the department within ninety days of that order’s entry
with the court of record.
(7) A division of benefits pursuant to a dissolution order
under this section shall be based upon the obligor’s gross
benefit prior to any deductions. If the department is required
to withhold a portion of the member’s benefit pursuant to 26
U.S.C. Sec. 3402 and the sum of that amount plus the
amount owed to the obligee exceeds the total benefit, the
department shall satisfy the withholding requirements under
26 U.S.C. Sec. 3402 and then pay the remainder to the
obligee. The provisions of this subsection do not apply to
(2002 Ed.)
41.50.670
amounts withheld pursuant to 26 U.S.C. Sec. 3402(i). [2002
c 158 § 5; 1998 c 341 § 513; 1996 c 39 § 18; 1991 c 365 §
13.]
*Reviser’s note: RCW 41.04.310, 41.04.320, and 41.04.330 were
repealed by 1987 c 326 § 21, effective July 1, 1987.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.680 Property division obligations—Processing
fee. The department may deduct a processing fee for
administering direct payments under RCW 41.50.670
according to the dissolution order. The fee may not exceed
(1) seventy-five dollars or the actual average administrative
costs, whichever is less, for the first disbursement made by
the department; and (2) six dollars or the actual average administrative costs, whichever is less for subsequent disbursements. The department shall deduct the fee in equal dollar
amounts from the obligee’s and obligor’s payments. The
funds collected pursuant to this section shall be deposited in
the department of retirement systems expense account.
[1991 c 365 § 14.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.690 Property division obligations—Obligee
entitled to statement of obligor’s retirement benefits—
When. Unless otherwise prohibited by federal law, following both the initial and final postretirement audit of an
obligor’s retirement benefit, the department shall provide an
obligee entitled to direct payment of retirement benefits
pursuant to a dissolution order under RCW 41.50.670 with
a statement of monthly retirement benefit allowance to be
paid to the obligor, and other retirement benefit information
available to the obligor including the average final compensation, total years of service, retirement date, the amount of
the employee contributions made prior to implementation of
employer pickup under RCW 41.04.445 and 41.04.450, and
savings and interest. [1991 c 365 § 15.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.700 Property division obligations—Cessation
upon death of obligee or obligor—Payment treated as
deduction from member’s periodic retirement payment.
(1) Except under subsection (3) of this section, the
department’s obligation to provide direct payment of a
property division obligation to an obligee under RCW
41.50.670 shall cease upon the death of the obligee or upon
the death of the obligor, whichever comes first. However,
if an obligor dies and is eligible for a lump sum death
benefit, the department shall be obligated to provide direct
payment to the obligee of all or a portion of the withdrawal
of accumulated contributions pursuant to a court order that
complies with RCW 41.50.670.
(2) The direct payment of a property division obligation
to an obligee under RCW 41.50.670 shall be paid as a
deduction from the member’s periodic retirement payment.
An obligee may not direct the department to withhold any
funds from such payment.
(3) The department’s obligation to provide direct
payment to a nonmember ex spouse from a preretirement
divorce meeting the criteria of RCW 41.26.162(2) or
[Title 41 RCW—page 275]
41.50.700
Title 41 RCW: Public Employment, Civil Service, and Pensions
43.43.270(2) may continue for the life of the member’s
surviving spouse qualifying for benefits under RCW
41.26.160, 41.26.161, or 43.43.270(2). Upon the death of
the member’s surviving spouse qualifying for benefits under
RCW 41.26.160, 41.26.161, or 43.43.270(2), the
department’s obligation under this subsection shall cease.
The department’s obligation to provide direct payment to a
nonmember ex spouse qualifying for a continued split benefit
payment under RCW 41.26.162(3) shall continue for the life
of that nonmember ex spouse. [2002 c 158 § 6; 1991 c 365
§ 16.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.710 Property division obligations—Remedies
exclusive—Payment pursuant to court order defense
against claims. (1) The remedies provided in RCW
41.50.670 through 41.50.720 are the exclusive remedies
enforceable against the department or the retirement systems
listed in RCW 41.50.030 for the direct payment of retirement
benefits to satisfy a property division obligation pursuant to
a dissolution order. The department shall not be required to
make payments to an obligee of benefits accruing prior to (a)
thirty calendar days following service of the dissolution
order on the department; or (b) benefit payments restrained
under RCW 41.50.720.
(2) Whenever the department of retirement systems
makes direct payments of property division to a spouse or ex
spouse under RCW 41.50.670 to the extent expressly
provided for in any court decree of dissolution or legal
separation or in any court order or court-approved property
settlement agreement incident to any court decree of dissolution or legal separation, it shall be a sufficient answer to any
claim of a beneficiary against the department for the department to show that the payments were made pursuant to court
decree. [1991 c 365 § 17.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.720 Payment of benefits—Restraining orders.
A party to a dissolution proceeding may file a motion with
the court requesting the court to enter an order restraining
the department from paying any benefits to a member until
further order of the court. The department shall not initiate
payment of benefits to a member from the time a restraining
order is served on the department until the court enters a
further order disposing of the benefits. [1991 c 365 § 25.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.730 Retirement or termination agreement
payments—Effect on pension benefits calculation. Any
payment made by an employer to a member of any retirement system enumerated in RCW 41.50.030 based on either
an agreement of the employee to terminate or retire; or
notification to the employer of intent to retire; shall affect
retirement as follows:
(1) If the agreement does not require the employee to
perform additional service, the payment shall not be used in
any way to calculate the pension benefit.
(2) If the agreement requires additional service and
results in payment at the same or a lower rate than that paid
for the same or similar service by other employees it may be
included in the pension benefit calculation but shall be
[Title 41 RCW—page 276]
deemed excess compensation and is billable to the employer
as provided in RCW 41.50.150.
(3) If the agreement requires additional service and
results in payment at a rate higher than that paid for the
same or similar service by other employees, that portion of
the payment which equals the payment for the same or
similar service shall be treated as described in subsection (2)
of this section, and the balance of the payment shall be
treated as described in subsection (1) of this section. [1993
c 270 § 1.]
41.50.740 Retirement or termination agreement
payments—Opportunity to change payment options.
Members of the teachers’ retirement system who retired
prior to January 1, 1993, from service with a community
college district whose reported earnable compensation
included payments made pursuant to an agreement to
terminate or retire, or to provide notice of intent to retire,
and whose retirement allowance has been reduced under
RCW 41.50.150 or is reduced after July 25, 1993, under
RCW 41.50.730, shall have an opportunity to change the
retirement allowance payment option selected by the member
under RCW 41.32.530. Any request for a change shall be
made in writing to the department no later than October 31,
1993, and shall apply prospectively only. [1993 c 270 § 2.]
41.50.750 Retirement or termination agreement
payments—Overpayments not required to be repaid. (1)
Retirees whose reported earnable compensation included
payments made pursuant to an agreement to terminate or
retire, or to provide notice of intent to retire, shall not be
required to repay to the trust funds any overpayments
resulting from the employer misreporting, subject to the
conditions provided in subsection (2) of this section. The
retirees’ allowances shall be prospectively adjusted to reflect
the benefits to which the retirees are correctly entitled.
(2) Subsection (1) of this section shall apply only to
members of the teachers’ retirement system who retired prior
to January 1, 1993, from service with a community college
district.
(3) Any retirees under subsection (2) of this section
who, since January 1, 1990, have had their retirement
allowances reduced under RCW 41.50.130(1)(b) because of
the inclusion of retirement agreement payments in calculating their allowances, shall have their allowances adjusted to
reflect the benefits to which the retirees are correctly
entitled, but without a reduction to recoup prior
overpayments. The retirees shall be reimbursed by the
retirement system for the cumulative amount of the reduction
in the retirement allowance that has occurred since January
1, 1990, to recoup prior overpayments.
(4) Any retirees covered by subsection (2) of this
section who, after January 1, 1990, repaid a previous
overpayment in a lump sum under RCW 41.50.130(1)(b)
because of the inclusion of retirement agreement payments
in calculating their allowances, shall be reimbursed by the
retirement system for the amount of the lump sum repayment. [1993 c 270 § 3.]
41.50.760 Cost-of-living adjustments—Alternative
calculation—Election. The department of retirement
(2002 Ed.)
Department of Retirement Systems
systems may continue to pay cost-of-living adjustments
consistent with the provisions of the statutes repealed by
section 11, chapter 345, Laws of 1995, in lieu of the benefits
provided by RCW 41.32.489, 41.32.4872, 41.40.197, and
41.40.1986, if the department determines that: (1) A
member earned service credit under chapter 41.40 or 41.32
RCW on or after May 8, 1989; and (2) a retiree would
receive greater increases in the next ten years under the
statutes repealed by section 11, chapter 345, Laws of 1995
than under the provisions of RCW 41.32.489, 41.32.4872,
41.40.197, and 41.40.1986; and (3) the retiree does not elect
the benefits provided by chapter 345, Laws of 1995 over the
benefits provided under the statutes repealed by section 11,
chapter 345, Laws of 1995. The election must be made in
a manner prescribed by the department. [1995 c 345 § 13.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.50.770 Deferred compensation plans. (1)
"Employee" as used in this section and RCW 41.50.780
includes all full-time, part-time, and career seasonal employees of the state, a county, a municipality, or other political
subdivision of the state, whether or not covered by civil
service; elected and appointed officials of the executive
branch of the government, including full-time members of
boards, commissions, or committees; justices of the supreme
court and judges of the court of appeals and of the superior
and district courts; and members of the state legislature or of
the legislative authority of any county, city, or town.
(2) The state, through the department, and any county,
municipality, or other political subdivision of the state acting
through its principal supervising official or governing body
is authorized to contract with an employee to defer a portion
of that employee’s income, which deferred portion shall in
no event exceed the amount allowable under 26 U.S.C. Sec.
457, and deposit or invest such deferred portion in a credit
union, savings and loan association, bank, or mutual savings
bank or purchase life insurance, shares of an investment
company, or fixed and/or variable annuity contracts from any
insurance company or any investment company licensed to
contract business in this state.
(3) Employees participating in the state deferred
compensation plan administered by the department shall selfdirect the investment of the deferred portion of their income
through the selection of investment options as set forth in
subsection (4) of this section.
(4) The department can provide such plans as it deems
are in the interests of state employees. In addition to the
types of investments described in this section, the state
investment board, with respect to the state deferred compensation plan, shall invest the deferred portion of an
employee’s income, without limitation as to amount, in
accordance with RCW 43.84.150, 43.33A.140, and
41.50.780, and pursuant to investment policy established by
the state investment board for the state deferred compensation plans. The state investment board, after consultation
with the employee retirement benefits board regarding any
recommendations made pursuant to RCW 41.50.088(2), shall
provide a set of options for participants to choose from for
investment of the deferred portion of their income. Any
income deferred under such a plan shall continue to be
included as regular compensation, for the purpose of
(2002 Ed.)
41.50.760
computing the state or local retirement and pension benefits
earned by any employee.
(5) Coverage of an employee under a deferred compensation plan under this section shall not render such employee
ineligible for simultaneous membership and participation in
any pension system for public employees. [1998 c 116 § 11;
1995 c 239 § 314.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.780 Deferred compensation principal and
administrative accounts created—Participation in deferred compensation plans—Department’s duties. (1)
The deferred compensation principal account is hereby
created in the state treasury.
(2) The amount of compensation deferred by employees
under agreements entered into under the authority contained
in RCW 41.50.770 shall be paid into the deferred compensation principal account and shall be sufficient to cover costs
of administration and staffing in addition to such other
amounts as determined by the department. The deferred
compensation principal account shall be used to carry out the
purposes of RCW 41.50.770. All eligible state employees
shall be given the opportunity to participate in agreements
entered into by the department under RCW 41.50.770. State
agencies shall cooperate with the department in providing
employees with the opportunity to participate.
(3) Any county, municipality, or other subdivision of the
state may elect to participate in any agreements entered into
by the department under RCW 41.50.770, including the
making of payments therefrom to the employees participating
in a deferred compensation plan upon their separation from
state or other qualifying service. Accordingly, the deferred
compensation principal account shall be considered to be a
public pension or retirement fund within the meaning of
Article XXIX, section 1 of the state Constitution, for the
purpose of determining eligible investments and deposits of
the moneys therein.
(4) All moneys in the state deferred compensation
principal account and the state deferred compensation
administrative account, all property and rights purchased
therewith, and all income attributable thereto, shall be held
in trust by the state investment board, as set forth under
RCW 43.33A.030, for the exclusive benefit of the state
deferred compensation plan’s participants and their beneficiaries. Neither the participant, nor the participant’s beneficiary
or beneficiaries, nor any other designee, has any right to
commute, sell, assign, transfer, or otherwise convey the right
to receive any payments under the plan. These payments
and right thereto are nonassignable and nontransferable.
Unpaid accumulated deferrals are not subject to attachment,
garnishment, or execution and are not transferable by
operation of law in event of bankruptcy or insolvency,
except to the extent otherwise required by law.
(5) The state investment board has the full power to
invest moneys in the state deferred compensation principal
account and the state deferred compensation administrative
account in accordance with RCW 43.84.150, 43.33A.140,
and 41.50.770, and cumulative investment directions received
[Title 41 RCW—page 277]
41.50.780
Title 41 RCW: Public Employment, Civil Service, and Pensions
pursuant to RCW 41.50.770. All investment and operating
costs of the state investment board associated with the
investment of the deferred compensation plan assets shall be
paid pursuant to RCW 43.33A.160 and 43.84.160. With the
exception of these expenses, one hundred percent of all
earnings from these investments shall accrue directly to the
deferred compensation principal account.
(6)(a) No state board or commission, agency, or any
officer, employee, or member thereof is liable for any loss
or deficiency resulting from participant investments selected
pursuant to RCW 41.50.770(3).
(b) Neither the employee retirement benefits board nor
the state investment board, nor any officer, employee, or
member thereof is liable for any loss or deficiency resulting
from reasonable efforts to implement investment directions
pursuant to RCW 41.50.770(3).
(7) The deferred compensation administrative account is
hereby created in the state treasury. All expenses of the
department pertaining to the deferred compensation plan
including staffing and administrative expenses shall be paid
out of the deferred compensation administrative account.
Any excess balances credited to this account over administrative expenses disbursed from this account shall be
transferred to the deferred compensation principal account at
such time and in such amounts as may be determined by the
department with the approval of the office of financial
management. Any deficiency in the deferred compensation
administrative account caused by an excess of administrative
expenses disbursed from this account shall be transferred to
this account from the deferred compensation principal
account.
(8) In addition to the duties specified in this section and
RCW 41.50.770, the department shall administer the salary
reduction plan established in RCW 41.04.600 through
41.04.645.
(9)(a)(i) The department shall keep or cause to be kept
full and adequate accounts and records of the assets of each
individual participant, obligations, transactions, and affairs of
any deferred compensation plans created under RCW
41.50.770 and this section. The department shall account for
and report on the investment of state deferred compensation
plan assets or may enter into an agreement with the state
investment board for such accounting and reporting.
(ii) The department’s duties related to individual
participant accounts include conducting the activities of trade
instruction, settlement activities, and direction of cash
movement and related wire transfers with the custodian bank
and outside investment firms.
(iii) The department has sole responsibility for contracting with any recordkeepers for individual participant accounts and shall manage the performance of recordkeepers
under those contracts.
(b)(i) The department’s duties under (a)(ii) of this
subsection do not limit the authority of the state investment
board to conduct its responsibilities for asset management
and balancing of the deferred compensation funds.
(ii) The state investment board has sole responsibility
for contracting with outside investment firms to provide
investment management for the deferred compensation funds
and shall manage the performance of investment managers
under those contracts.
[Title 41 RCW—page 278]
(c) The state treasurer shall designate and define the
terms of engagement for the custodial banks.
(10) The department may adopt rules necessary to carry
out its responsibilities under RCW 41.50.770 and this
section. [2001 c 181 § 2. Prior: 1998 c 245 § 42; 1998 c
116 § 12; 1995 c 239 § 315.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.790 Survivor benefits—Dissolution orders.
(1) The department shall designate an obligee as a survivor
beneficiary of a member under RCW 2.10.146, 41.26.460,
41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188,
41.40.660, or 41.40.845 if the department has been served by
registered or certified mail with a dissolution order as
defined in RCW 41.50.500 at least thirty days prior to the
member’s retirement. The department’s duty to comply with
the dissolution order arises only if the order contains a provision that states in substantially the following form:
When . . . . . . (the obligor) applies for retirement
the department shall designate . . . . . . (the obligee)
as survivor beneficiary with a . . . . . . survivor
benefit.
The survivor benefit designated in the dissolution order must
be consistent with the survivor benefit options authorized by
statute or administrative rule.
(2) The obligee’s entitlement to a survivor benefit
pursuant to a dissolution order filed with the department in
compliance with subsection (1) of this section shall cease
upon the death of the obligee.
(3)(a) A subsequent dissolution order may order the
department to divide a survivor benefit between a survivor
beneficiary and an alternate payee. In order to divide a
survivor benefit between more than one payee, the dissolution order must:
(i) Be ordered by a court of competent jurisdiction
following notice to the survivor beneficiary;
(ii) Contain a provision that complies with subsection
(1) of this section designating the survivor beneficiary;
(iii) Contain a provision clearly identifying the alternate
payee or payees; and
(iv) Specify the proportional division of the benefit
between the survivor beneficiary and the alternate payee or
payees.
(b) The department will calculate actuarial adjustment
for the court-ordered survivor benefit based upon the life of
the survivor beneficiary.
(c) If the survivor beneficiary dies, the department shall
terminate the benefit. If the alternate payee predeceases the
survivor beneficiary, all entitlement of the alternate payee to
a benefit ceases and the entire benefit will revert to the
survivor beneficiary.
(d) For purposes of this section, "survivor beneficiary"
means:
(i) The obligee designated in the provision of dissolution
filed in compliance with subsection (1) of this section; or
(ii) In the event of more than one dissolution order, the
obligee named in the first decree of dissolution received by
the department.
(2002 Ed.)
Department of Retirement Systems
(e) For purposes of this section, "alternate payee" means
a person, other than the survivor beneficiary, who is granted
a percentage of a survivor benefit pursuant to a dissolution
order.
(4) The department shall under no circumstances be held
liable for not designating an obligee as a survivor beneficiary
under subsection (1) of this section if the dissolution order
or amendment thereto is not served on the department by
registered or certified mail at least thirty days prior to the
member’s retirement.
(5) If a dissolution order directing designation of a
survivor beneficiary has been previously filed with the
department in compliance with this section, no additional
obligation shall arise on the part of the department upon
filing of a subsequent dissolution order unless the subsequent
dissolution order:
(a) Specifically amends or supersedes the dissolution
order already on file with the department; and
(b) Is filed with the department by registered or certified
mail at least thirty days prior to the member’s retirement.
(6) The department shall designate a court-ordered
survivor beneficiary pursuant to a dissolution order filed with
the department before June 6, 1996, only if the order:
(a) Specifically directs the member or department to
make such selection;
(b) Specifies the survivor option to be selected; and
(c) The member retires after June 6, 1996. [2002 c 26
§ 8; 1998 c 341 § 514; 1996 c 175 § 1.]
Effective date—1998 c 341: See RCW 41.35.901.
41.50.800 Apportionment of budgeted funds of
affected agencies. If apportionments of budgeted funds are
required because of the transfers herein authorized, the
director of financial management shall certify such apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate
transfer and adjustment in funds and appropriation accounts
and equipment records in accordance with such certification.
[1979 c 151 § 64; 1975-’76 2nd ex.s. c 105 § 13.]
41.50.801 Continuation of rules, pending business,
contracts, investments, etc. On the effective date of
transfer as provided in RCW 41.50.030, all rules and regulations, and all pending business before any of the retirement
boards whose powers, duties, and functions are transferred
to the department by this chapter shall be continued and
acted upon by the department.
All existing contracts and obligations pertaining to the
functions herein transferred shall remain in full force and
effect, and shall be performed by the department. None of
the transfers directed by this chapter shall affect the validity
of any act performed by a retirement board or by any official
or employee thereof prior to the effective date of transfer as
provided in RCW 41.50.030.
None of the transfers involving investment of funds by
any of the retirement boards shall affect the validity of any
act performed by such boards or by any official or employee
thereof prior to the effective date of transfer as provided in
RCW 41.50.030. [1975-’76 2nd ex.s. c 105 § 14.]
(2002 Ed.)
41.50.790
41.50.802 Transfer of reports, documents, etc.,
property, funds, assets, appropriations, etc. All reports,
documents, surveys, books, records, files, papers, or other
writings relating to the administration of the powers, duties,
and functions transferred by this chapter shall be made
available to the department and to the state actuary.
All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the
powers, duties, and functions transferred by this chapter shall
be made available to the department.
All funds, credits, or other assets held in connection
with powers, duties, and functions transferred by this chapter
shall be assigned to the department.
Any appropriations made to any committee, division,
board, or any other state agency for the purpose of carrying
out the powers, duties, and functions transferred by this
chapter shall, in the manner prescribed by the director of
financial management, be transferred and credited to the
department for the purpose of carrying out such transferred
powers, duties, and functions. [1979 c 151 § 65; 1975-’76
2nd ex.s. c 105 § 15.]
41.50.803 Savings. Nothing in this chapter nor in the
amendment of RCW 43.17.010, 43.17.020, or *43.33.070
shall be construed to affect any existing rights acquired
under RCW 43.17.010, 43.17.020, or *43.33.070 except as
to the governmental agencies referred to and their officials
and employees, nor as affecting any actions, activities, or
proceedings validated thereunder, nor as affecting any civil
or criminal proceedings instituted thereunder, nor any rule,
regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the abolition of
any agency or division thereof nor any transfer of powers,
duties, and functions as provided in this chapter shall affect
the validity of any act performed by such agency or division
thereof or any officer thereof prior to the effective date of
transfer as provided in RCW 41.50.030. [1975-’76 2nd ex.s.
c 105 § 16.]
*Reviser’s note: RCW 43.33.070 was repealed by 1981 c 3 § 48,
effective July 1, 1981.
41.50.804 Existing collective bargaining agreements
not affected. (Effective until July 1, 2004.) Nothing
contained in this chapter shall be construed to alter any
existing collective bargaining agreement until any such
agreement has expired or until any such bargaining unit has
been modified by action of the public employment relations
commission as provided by law. [2002 c 354 § 228; 1993
c 281 § 40; 1975-’76 2nd ex.s. c 105 § 17.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.50.900 Severability—1975-’76 2nd ex.s. c 105.
See note following RCW 41.04.270.
41.50.901 Effective date—1987 c 326. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect July 1,
1987. [1987 c 326 § 29.]
[Title 41 RCW—page 279]
Chapter 41.54
Title 41 RCW: Public Employment, Civil Service, and Pensions
Chapter 41.54
PORTABILITY OF PUBLIC
RETIREMENT BENEFITS
Sections
41.54.010
41.54.020
41.54.030
41.54.032
41.54.034
41.54.040
41.54.061
41.54.070
41.54.080
41.54.090
41.54.100
41.54.900
41.54.901
Definitions.
Benefits under prior retirement systems—Restoration of
contributions.
Calculation of service retirement allowance.
Calculation of disability retirement allowance.
Calculation of surviving spouse’s death benefit.
Payment of retirement allowance and postretirement adjustments—Death benefit.
Seattle, Spokane, Tacoma—Irrevocable election for coverage
under chapter—Effective date.
Benefits under chapter—Minimum and maximum.
Benefits under chapter—Contractual rights not established.
Benefits under chapter—Lump sum payment.
Transfer of membership under chapter 341, Laws of 1998—
Benefits not diminished.
Effective dates—1987 c 192.
Effective date—1988 c 195.
41.54.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Base salary" means salaries or wages earned by a
member of a system during a payroll period for personal
services and includes wages and salaries deferred under
provisions of the United States internal revenue code, but
shall exclude overtime payments, nonmoney maintenance
compensation, and lump sum payments for deferred annual
sick leave, unused accumulated vacation, unused accumulated annual leave, any form of severance pay, any bonus for
voluntary retirement, any other form of leave, or any similar
lump sum payment.
(2) "Department" means the department of retirement
systems.
(3) "Director" means the director of the department of
retirement systems.
(4) "Dual member" means a person who (a) is or
becomes a member of a system on or after July 1, 1988, (b)
has been a member of one or more other systems, and (c)
has never been retired for service from a retirement system
and is not receiving a disability retirement or disability leave
benefit from any retirement system listed in RCW 41.50.030
or subsection (6) of this section.
(5) "Service" means the same as it may be defined in
each respective system. For the purposes of RCW
41.54.030, military service granted under RCW 41.40.170(3)
or 43.43.260 may only be based on service accrued under
chapter 41.40 or 43.43 RCW, respectively.
(6) "System" means the retirement systems established
under chapters 41.32, 41.40, 41.44, 41.35, and 43.43 RCW;
plan 2 of the system established under chapter 41.26 RCW;
and the city employee retirement systems for Seattle,
Tacoma, and Spokane. The inclusion of an individual first
class city system is subject to the procedure set forth in
RCW 41.54.061. [1998 c 341 § 702; 1993 c 517 § 8; 1990
c 192 § 1; 1988 c 195 § 1; 1987 c 192 § 1.]
Effective date—1998 c 341: See RCW 41.35.901.
Purpose—1993 c 517: See note following RCW 41.26.420.
[Title 41 RCW—page 280]
41.54.020 Benefits under prior retirement systems—Restoration of contributions. (1) Those persons
who are dual members on or after July 1, 1988, shall not
receive a retirement benefit from any prior system while dual
members without the loss of all benefits under this chapter.
Retroactive retirement in any prior system will cancel membership in any subsequent systems except as allowed under
RCW 41.04.270 and will result in the refund of all employee
and employer contributions made to such systems.
(2) If a member has withdrawn contributions from a
prior system, the member may restore the contributions,
together with interest since the date of withdrawal as
determined by the system, and recover the service represented by the contributions. Such restoration must be completed
within two years of establishing dual membership or prior to
retirement, whichever occurs first.
(3) If a member does not meet the time limitation under
subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the
withdrawn contributions by paying the amount required
under RCW 41.50.165(2).
(4) Any service accrued in one system by the member
shall not accrue in any other system. [1994 c 197 § 32;
1987 c 384 § 2; 1987 c 192 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Effective dates—1987 c 384: See note following RCW 41.40.150.
41.54.030 Calculation of service retirement allowance. (1) A dual member may combine service in all
systems for the purpose of:
(a) Determining the member’s eligibility to receive a
service retirement allowance; and
(b) Qualifying for a benefit under RCW 41.32.840(2) or
41.35.620.
(2) A dual member who is eligible to retire under any
system may elect to retire from all the member’s systems
and to receive service retirement allowances calculated as
provided in this section. Each system shall calculate the
allowance using its own criteria except that the member shall
be allowed to substitute the member’s base salary from any
system as the compensation used in calculating the allowance.
(3) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid
at this date based on the dual member’s age may be received
immediately or deferred to a later date. The allowances
shall be actuarially adjusted from the earliest age upon which
the combined service would have made such dual member
eligible in that system.
(4) The service retirement eligibility requirements of
RCW 41.40.180 shall apply to any dual member whose prior
system is plan 1 of the public employees’ retirement system
established under chapter 41.40 RCW. [1998 c 341 § 703.
Prior: 1996 c 55 § 4; 1996 c 55 § 3; 1996 c 39 § 19; 1995
c 239 § 319; 1990 c 192 § 2; 1988 c 195 § 2; 1987 c 192 §
3.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
(2002 Ed.)
Portability of Public Retirement Benefits
41.54.030
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
(4) This section shall not apply to the Washington state
patrol retirement system established under chapter 43.43
RCW. [1996 c 55 § 2.]
41.54.032 Calculation of disability retirement
allowance. (1) If a dual member becomes disabled, the
member’s service in all systems may be combined for the
sole purpose of determining the member’s eligibility to
receive a disability retirement allowance from the member’s
current system.
(2) The member’s current system shall use its own
criteria to:
(a) Determine the member’s eligibility for a disability
retirement allowance; and
(b) Calculate the disability retirement allowance based
on service actually established in the current system. The
member shall be allowed to substitute the member’s base
salary from any system as the compensation used in calculating the allowance.
(3) Subsections (1) and (2) of this section shall not
apply to the member’s prior system.
(4) A dual member who is eligible to receive a disability retirement under the current system may elect to receive
a service retirement from all prior systems and to receive
service retirement allowances calculated as provided in this
section. Each system shall calculate the service retirement
allowance using its own criteria except that the member shall
be allowed to substitute the member’s base salary from any
system as the compensation used in calculating the service
retirement allowance.
(5) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid
at this date based on the dual member’s age, may be
received immediately or deferred to a later date. The
allowances shall be actuarially adjusted from the earliest age
upon which the combined service would have made such
dual member eligible in that system.
(6) This section shall not apply to any disability benefit
under:
(a) RCW 41.40.220; or
(b) The Washington state patrol retirement system
established under chapter 43.43 RCW. [1996 c 55 § 1.]
41.54.040 Payment of retirement allowance and
postretirement adjustments—Death benefit. (1) The
allowances calculated under RCW 41.54.030, 41.54.032, and
41.54.034 shall be paid separately by each respective current
and prior system. Any deductions from such separate
payments shall be according to the provisions of the respective systems.
(2) Postretirement adjustments, if any, shall be applied
by the respective systems based on the payments made under
subsection (1) of this section.
(3) The department shall adopt rules under chapter 34.05
RCW to ensure that where a dual member has service in a
system established under chapter 41.32, 41.40, 41.44, 41.35,
or 43.43 RCW; service in plan 2 of the system established
under chapter 41.26 RCW; and service under the city
employee retirement system for Seattle, Tacoma, or Spokane,
the additional cost incurred as a result of the dual member
receiving a benefit under this chapter shall be borne by the
retirement system incurring the additional cost. [1998 c 341
§ 704; 1996 c 55 § 5. Prior: 1993 c 519 § 16; 1993 c 517
§ 9; 1990 c 192 § 5; 1988 c 195 § 3; 1987 c 192 § 4.]
41.54.034 Calculation of surviving spouse’s death
benefit. (1) If a dual member dies in service in any system,
the member’s service in all systems may be combined for
the sole purpose of determining the surviving spouse’s
eligibility to receive a death benefit from each of the
member’s current and prior systems.
(2) Each system shall use its own criteria to:
(a) Determine the surviving spouse’s eligibility for a
death benefit; and
(b) Calculate the death benefit based on service actually
established in that system.
(3) The surviving spouse shall receive the same benefit
from each system that would have been received if the
member were active in the system at the time of death. The
spouse shall be allowed to substitute the member’s base
salary from any system as the compensation used in calculating the allowance.
(2002 Ed.)
Effective date—1998 c 341: See RCW 41.35.901.
Part headings not law—Effective date—1993 c 519: See notes
following RCW 28A.400.212.
Purpose—1993 c 517: See note following RCW 41.26.420.
41.54.061 Seattle, Spokane, Tacoma—Irrevocable
election for coverage under chapter—Effective date. (1)
The cities of Seattle, Spokane, and Tacoma shall each have
the option of making an irrevocable election to have its
employee retirement system included in the coverage of this
chapter by adopting a resolution transmitting it to the
director and the joint committee on pension policy prior to
December 31, 1993.
The resolution shall indicate the city’s desire to be
covered by this chapter and its willingness to pay for the
additional cost it may incur as a result of the benefits
provided by this chapter.
(2) This chapter shall become effective on January 1,
1994, for each city which adopts a resolution pursuant to
subsection (1) of this section. [1993 c 519 § 15; 1990 c 192
§ 3.]
Part headings not law—Effective date—1993 c 519: See notes
following RCW 28A.400.212.
41.54.070 Benefits under chapter—Minimum and
maximum. The benefit granted by this chapter shall not
result in a total benefit less than would have been received
absent such benefit. The total sum of the retirement allowances received under this chapter shall not exceed the largest
amount the dual member would receive if all the service had
been rendered in any one system. When calculating the
maximum benefit a dual member would receive: (1)
Military service granted under RCW 41.40.170(3) or
43.43.260 shall be based only on service accrued under
chapter 41.40 or 43.43 RCW, respectively; and (2) the
calculation shall be made assuming that the dual member did
[Title 41 RCW—page 281]
41.54.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
not defer any allowances pursuant to RCW 41.54.030(3).
When a dual member’s combined retirement allowances
would exceed the limitation imposed by this section, the
allowances shall be reduced by the systems on a proportional
basis, according to service. [1996 c 55 § 6; 1988 c 195 § 4;
1987 c 192 § 7.]
41.54.080 Benefits under chapter—Contractual
rights not established. The benefits provided under RCW
41.54.010 through 41.54.070 are not provided to employees
as a matter of contractual right and the legislature retains the
right to alter or abolish these benefits at any time prior to a
member’s retirement. [1987 c 192 § 8.]
41.54.090 Benefits under chapter—Lump sum
payment. (1) The systems may pay a dual member a lump
sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.54.030 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
such monthly benefits or an amount equal to the individual’s
accumulated contributions plus accrued interest.
(2) It is the intent of the legislature that any member
who receives a settlement under this section shall be deemed
to be retired from the system making the lump sum payment.
[1988 c 195 § 6.]
41.54.100 Transfer of membership under chapter
341, Laws of 1998—Benefits not diminished. Persons who
were members of the public employees’ retirement system
plan 2 prior to September 1, 2000, and were transferred or
mandated into membership pursuant to chapter 341, Laws of
1998 shall suffer no diminution of benefits guaranteed to
public employees’ retirement system plan 2 members as of
the date of their change in membership. [1998 c 341 § 705.]
Effective date—1998 c 341: See RCW 41.35.901.
41.54.900 Effective dates—1987 c 192. (1) Section
5 of this act is necessary for the immediate preservation of
the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect on July 1, 1987.
(2) The remainder of this act shall take effect on July 1,
1988. [1987 c 192 § 11.]
41.54.901 Effective date—1988 c 195. This act shall
take effect July 1, 1988. [1988 c 195 § 7.]
Chapter 41.56
PUBLIC EMPLOYEES’
COLLECTIVE BARGAINING
Sections
41.56.010
41.56.020
41.56.022
41.56.023
41.56.024
Declaration of purpose.
Application of chapter.
Application of chapter to University of Washington printing
craft employees.
Application of chapter to employees of institutions of higher
education.
Application of chapter to classified employees of technical
colleges.
[Title 41 RCW—page 282]
41.56.025
Application of chapter to education providers under chapter
28A.193 RCW.
41.56.026 Application of chapter to individual providers under chapter
74.39A RCW.
41.56.030 Definitions.
41.56.040 Right of employees to organize and designate representatives without interference.
41.56.050 Disagreement in selection of bargaining representative—
Intervention by commission.
41.56.060 Determination of bargaining unit—Bargaining representative.
41.56.070 Election to ascertain bargaining representative.
41.56.080 Certification of bargaining representative—Scope of representation.
41.56.090 Rules and regulations.
41.56.100 Authority and duty of employer to engage in collective
bargaining—Limitations—Mediation, grievance procedures upon failure to agree.
41.56.110 Dues—Deduction from pay.
41.56.113 Individual providers—Deductions from payments for dues—
State is payor, not employer.
41.56.120 Right to strike not granted.
41.56.122 Collective bargaining agreements—Authorized provisions.
41.56.123 Collective bargaining agreements—Effect of termination—
Application of section.
41.56.125 Arbitrators—Selection—Additional method.
41.56.130 Rules and regulations of Washington state personnel resources board—Mandatory subjects.
41.56.140 Unfair labor practices for public employer enumerated.
41.56.150 Unfair labor practices for bargaining representative enumerated.
41.56.160 Commission to prevent unfair labor practices and issue
remedial orders and cease and desist orders.
41.56.165 Applicability of administrative procedure act to commission
action.
41.56.201 Employees of institutions of higher education—Option to
have relationship and obligations governed by chapter.
41.56.203 University of Washington—Certain employees enrolled in
an academic program—Scope of collective bargaining.
41.56.210 Department to prevent unfair labor practices and issue remedial orders—Application to state civil service employees.
41.56.220 Right of employee representing bargaining unit to be absent
from employment during legislative session—
Replacement.
41.56.430 Uniformed personnel—Legislative declaration.
41.56.440 Uniformed personnel—Negotiations—Declaration of an
impasse—Appointment of mediator.
41.56.450 Uniformed personnel—Interest arbitration panel—Powers
and duties—Hearings—Findings and determination.
41.56.452 Interest arbitration panel a state agency.
41.56.465 Uniformed personnel—Interest arbitration panel—
Determinations—Factors to be considered.
41.56.470 Uniformed personnel—Arbitration panel—Rights of parties.
41.56.473 Uniformed personnel—Application of chapter to Washington
state patrol—Bargaining subjects.
41.56.475 Uniformed personnel—Application of chapter to Washington
state patrol—Mediation and arbitration.
41.56.480 Uniformed personnel—Refusal to submit to procedures—
Invoking jurisdiction of superior court—Contempt.
41.56.490 Uniformed employees—Strikes prohibited—Violations—
Contempt of court.
41.56.492 Application of uniformed personnel collective bargaining
provisions to employees of public passenger transportation systems—Conditions.
41.56.900 Short title—Effective date—1967 ex.s. c 108.
41.56.905 Uniformed personnel—Provisions additional—Liberal construction.
41.56.910 Severability—1973 c 131.
41.56.950 Retroactive date in collective bargaining agreements allowable, when.
Reviser’s note: Throughout chapter 41.56 RCW, the phrase "this act"
has been changed to "this chapter." "This act" [1967 ex.s. c 108] is codified
as this chapter and RCW 41.06.150.
(2002 Ed.)
Public Employees’ Collective Bargaining
41.56.010
41.56.010 Declaration of purpose. The intent and
purpose of this chapter is to promote the continued improvement of the relationship between public employers and their
employees by providing a uniform basis for implementing
the right of public employees to join labor organizations of
their own choosing and to be represented by such organizations in matters concerning their employment relations with
public employers. [1967 ex.s. c 108 § 1.]
41.56.026 Application of chapter to individual
providers under chapter 74.39A RCW. In addition to the
entities listed in RCW 41.56.020, this chapter applies to
individual providers under RCW 74.39A.270 and
74.39A.300. [2002 c 3 § 12 (Initiative Measure No. 775,
approved November 6, 2001).]
41.56.020 Application of chapter. This chapter shall
apply to any county or municipal corporation, or any
political subdivision of the state of Washington, including
district courts and superior courts, except as otherwise
provided by RCW 54.04.170, 54.04.180, and chapters 41.59,
47.64, and 53.18 RCW. [1999 c 217 § 1; 1994 c 297 § 1;
1993 c 76 § 2; 1992 c 36 § 1; 1989 c 275 § 1; 1987 c 135
§ 1; 1985 c 7 § 107; 1983 c 3 § 98; 1967 ex.s. c 108 § 2.]
41.56.030 Definitions. As used in this chapter:
(1) "Public employer" means any officer, board,
commission, council, or other person or body acting on
behalf of any public body governed by this chapter, or any
subdivision of such public body. For the purposes of this
section, the public employer of district court or superior
court employees for wage-related matters is the respective
county legislative authority, or person or body acting on
behalf of the legislative authority, and the public employer
for nonwage-related matters is the judge or judge’s designee
of the respective district court or superior court.
(2) "Public employee" means any employee of a public
employer except any person (a) elected by popular vote, or
(b) appointed to office pursuant to statute, ordinance or
resolution for a specified term of office as a member of a
multimember board, commission, or committee, whether
appointed by the executive head or body of the public
employer, or (c) whose duties as deputy, administrative
assistant or secretary necessarily imply a confidential
relationship to (i) the executive head or body of the applicable bargaining unit, or (ii) any person elected by popular
vote, or (iii) any person appointed to office pursuant to
statute, ordinance or resolution for a specified term of office
as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body
of the public employer, or (d) who is a court commissioner
or a court magistrate of superior court, district court, or a
department of a district court organized under chapter 3.46
RCW, or (e) who is a personal assistant to a district court
judge, superior court judge, or court commissioner, or (f)
excluded from a bargaining unit under *RCW
41.56.201(2)(a). For the purpose of (e) of this subsection,
no more than one assistant for each judge or commissioner
may be excluded from a bargaining unit.
(3) "Bargaining representative" means any lawful
organization which has as one of its primary purposes the
representation of employees in their employment relations
with employers.
(4) "Collective bargaining" means the performance of
the mutual obligations of the public employer and the
exclusive bargaining representative to meet at reasonable
times, to confer and negotiate in good faith, and to execute
a written agreement with respect to grievance procedures and
collective negotiations on personnel matters, including
wages, hours and working conditions, which may be peculiar
to an appropriate bargaining unit of such public employer,
except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a
concession unless otherwise provided in this chapter.
(5) "Commission" means the public employment
relations commission.
Severability—1987 c 135: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 135 § 4.]
41.56.022 Application of chapter to University of
Washington printing craft employees. In addition to the
entities listed in RCW 41.56.020, this chapter shall apply to
the University of Washington with respect to the printing
craft employees in the department of printing at the University of Washington. [1987 c 484 § 1.]
41.56.023 Application of chapter to employees of
institutions of higher education. (Effective until July 1,
2005.) In addition to the entities listed in RCW 41.56.020,
this chapter shall apply to institutions of higher education
with respect to the employees included in a bargaining unit
that has exercised the option specified in RCW 41.56.201.
[1993 c 379 § 301.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
41.56.024 Application of chapter to classified
employees of technical colleges. In addition to the entities
listed in RCW 41.56.020, this chapter shall apply to classified employees of technical colleges as provided for in RCW
28B.50.874. [1991 c 238 § 112.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
41.56.025 Application of chapter to education
providers under chapter 28A.193 RCW. This chapter
applies to the bargaining unit of classified employees of
school districts, educational service districts, or institutions
of higher education that are education providers under
chapter 28A.193 RCW. Such bargaining units must be
limited to the employees working as education providers to
juveniles in each adult correctional facility maintained by the
department of corrections and must be separate from other
bargaining units in school districts, educational service
districts, or institutions of higher education. [1998 c 244 §
12.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
(2002 Ed.)
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
[Title 41 RCW—page 283]
41.56.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) "Executive director" means the executive director of
the commission.
(7) "Uniformed personnel" means: (a) Law enforcement
officers as defined in RCW 41.26.030 employed by the
governing body of any city or town with a population of two
thousand five hundred or more and law enforcement officers
employed by the governing body of any county with a
population of ten thousand or more; (b) correctional employees who are uniformed and nonuniformed, commissioned
and noncommissioned security personnel employed in a jail
as defined in RCW 70.48.020(5), by a county with a
population of seventy thousand or more, and who are trained
for and charged with the responsibility of controlling and
maintaining custody of inmates in the jail and safeguarding
inmates from other inmates; (c) general authority Washington peace officers as defined in RCW 10.93.020 employed by a port district in a county with a population of one
million or more; (d) security forces established under RCW
43.52.520; (e) fire fighters as that term is defined in RCW
41.26.030; (f) employees of a port district in a county with
a population of one million or more whose duties include
crash fire rescue or other fire fighting duties; (g) employees
of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both;
or (h) employees in the several classes of advanced life
support technicians, as defined in RCW 18.71.200, who are
employed by a public employer.
(8) "Institution of higher education" means the University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State
College, and the various state community colleges.
(9) "Home care quality authority" means the authority
under chapter 74.39A RCW.
(10) "Individual provider" means an individual provider
as defined in RCW 74.39A.240(4) who, solely for the
purposes of collective bargaining, is employed by the home
care quality authority as provided in RCW 74.39A.270.
[2002 c 99 § 2. Prior: 2000 c 23 § 1; 2000 c 19 § 1; 1999
c 217 § 2; 1995 c 273 § 1; prior: 1993 c 398 § 1; 1993 c
397 § 1; 1993 c 379 § 302; 1992 c 36 § 2; 1991 c 363 §
119; 1989 c 275 § 2; 1987 c 135 § 2; 1984 c 150 § 1; 1975
1st ex.s. c 296 § 15; 1973 c 131 § 2; 1967 ex.s. c 108 § 3.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Effective date—1995 c 273: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 273 § 5.]
Effective dates—1993 c 398: "(1) Sections 3 and 5 of this act shall
take effect July 1, 1995.
(2) Sections 1, 2, 4, and 6 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 15, 1993]." [1993 c 398 § 7.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1987 c 135: See note following RCW 41.56.020.
Effective date—1984 c 150: "This act shall take effect on July 1,
1985." [1984 c 150 § 2.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
[Title 41 RCW—page 284]
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
Public employment relations commission: Chapter 41.58 RCW.
41.56.040 Right of employees to organize and
designate representatives without interference. No public
employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any
public employee or group of public employees in the free
exercise of their right to organize and designate representatives of their own choosing for the purpose of collective
bargaining, or in the free exercise of any other right under
this chapter. [1967 ex.s. c 108 § 4.]
41.56.050 Disagreement in selection of bargaining
representative—Intervention by commission. In the event
that a public employer and public employees are in disagreement as to the selection of a bargaining representative
the commission shall be invited to intervene as is provided
in RCW 41.56.060 through 41.56.090. [1975 1st ex.s. c 296
§ 16; 1967 ex.s. c 108 § 5.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.060 Determination of bargaining unit—
Bargaining representative. The commission, after hearing
upon reasonable notice, shall decide in each application for
certification as an exclusive bargaining representative, the
unit appropriate for the purpose of collective bargaining. In
determining, modifying, or combining the bargaining unit,
the commission shall consider the duties, skills, and working
conditions of the public employees; the history of collective
bargaining by the public employees and their bargaining
representatives; the extent of organization among the public
employees; and the desire of the public employees. The
commission shall determine the bargaining representative by
(1) examination of organization membership rolls, (2)
comparison of signatures on organization bargaining authorization cards, or (3) by conducting an election specifically
therefor. [1975 1st ex.s. c 296 § 17; 1967 ex.s. c 108 § 6.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.070 Election to ascertain bargaining representative. In the event the commission elects to conduct an
election to ascertain the exclusive bargaining representative,
and upon the request of a prospective bargaining representative showing written proof of at least thirty percent representation of the public employees within the unit, the commission shall hold an election by secret ballot to determine the
issue. The ballot shall contain the name of such bargaining
representative and of any other bargaining representative
showing written proof of at least ten percent representation
of the public employees within the unit, together with a
choice for any public employee to designate that he does not
desire to be represented by any bargaining agent. Where
more than one organization is on the ballot and neither of
the three or more choices receives a majority vote of the
public employees within the bargaining unit, a run-off
election shall be held. The run-off ballot shall contain the
two choices which received the largest and second-largest
number of votes. No question concerning representation
may be raised within one year of a certification or attempted
(2002 Ed.)
Public Employees’ Collective Bargaining
certification. Where there is a valid collective bargaining
agreement in effect, no question of representation may be
raised except during the period not more than ninety nor less
than sixty days prior to the expiration date of the agreement.
Any agreement which contains a provision for automatic
renewal or extension of the agreement shall not be a valid
agreement; nor shall any agreement be valid if it provides
for a term of existence for more than three years. [1975 1st
ex.s. c 296 § 18; 1967 ex.s. c 108 § 7.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.080 Certification of bargaining representative—Scope of representation. The bargaining representative which has been determined to represent a majority of
the employees in a bargaining unit shall be certified by the
commission as the exclusive bargaining representative of,
and shall be required to represent, all the public employees
within the unit without regard to membership in said
bargaining representative: PROVIDED, That any public
employee at any time may present his grievance to the
public employer and have such grievance adjusted without
the intervention of the exclusive bargaining representative, if
the adjustment is not inconsistent with the terms of a
collective bargaining agreement then in effect, and if the
exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called
for the resolution of such grievance. [1975 1st ex.s. c 296
§ 19; 1967 ex.s. c 108 § 8.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.090 Rules and regulations. The commission
shall promulgate, revise or rescind such rules and regulations
as it may deem necessary or appropriate to administer the
provisions of this chapter in conformity with the intent and
purpose of this chapter and consistent with the best standards
of labor-management relations. [1975 1st ex.s. c 296 § 20;
1967 ex.s. c 108 § 9.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.100 Authority and duty of employer to engage
in collective bargaining—Limitations—Mediation,
grievance procedures upon failure to agree. A public
employer shall have the authority to engage in collective
bargaining with the exclusive bargaining representative and
no public employer shall refuse to engage in collective
bargaining with the exclusive bargaining representative:
PROVIDED, That nothing contained herein shall require any
public employer to bargain collectively with any bargaining
representative concerning any matter which by ordinance,
resolution or charter of said public employer has been
delegated to any civil service commission or personnel board
similar in scope, structure and authority to the board created
by chapter 41.06 RCW. Upon the failure of the public
employer and the exclusive bargaining representative to
conclude a collective bargaining agreement, any matter in
dispute may be submitted by either party to the commission.
If a public employer implements its last and best offer where
there is no contract settlement, allegations that either party
is violating the terms of the implemented offer shall be
subject to grievance arbitration procedures if and as such
procedures are set forth in the implemented offer, or, if not
(2002 Ed.)
41.56.070
in the implemented offer, if and as such procedures are set
forth in the parties’ last contract. [1989 c 45 § 1; 1975 1st
ex.s. c 296 § 21; 1967 ex.s. c 108 § 10.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Arbitration of labor disputes: Chapter 49.08 RCW.
41.56.110 Dues—Deduction from pay. Upon the
written authorization of any public employee within the
bargaining unit and after the certification or recognition of
such bargaining representative, the public employer shall
deduct from the pay of such public employee the monthly
amount of dues as certified by the secretary of the exclusive
bargaining representative and shall transmit the same to the
treasurer of the exclusive bargaining representative. [1973
c 59 § 1; 1967 ex.s. c 108 § 11.]
41.56.113 Individual providers—Deductions from
payments for dues—State is payor, not employer. (1)
Upon the written authorization of an individual provider
within the bargaining unit and after the certification or
recognition of the bargaining unit’s exclusive bargaining
representative, the state as payor, but not as the employer,
shall, subject to subsection (3) of this section, deduct from
the payments to an individual provider the monthly amount
of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer
of the exclusive bargaining representative.
(2) If the home care quality authority and the exclusive
bargaining representative of a bargaining unit of individual
providers enter into a collective bargaining agreement that:
(a) Includes a union security provision authorized in
RCW 41.56.122, the state as payor, but not as the employer,
shall, subject to subsection (3) of this section, enforce the
agreement by deducting from the payments to bargaining
unit members the dues required for membership in the
exclusive bargaining representative, or, for nonmembers
thereof, a fee equivalent to the dues; or
(b) Includes requirements for deductions of payments
other than the deduction under (a) of this subsection, the
state, as payor, but not as the employer, shall, subject to
subsection (3) of this section, make such deductions upon
written authorization of the individual provider.
(3)(a) The initial additional costs to the state in making
deductions from the payments to individual providers under
this section shall be negotiated, agreed upon in advance, and
reimbursed to the state by the exclusive bargaining representative.
(b) The allocation of ongoing additional costs to the
state in making deductions from the payments to individual
providers under this section shall be an appropriate subject
of collective bargaining between the exclusive bargaining
representative and the home care quality authority unless
prohibited by another statute. If no collective bargaining
agreement containing a provision allocating the ongoing
additional cost is entered into between the exclusive bargaining representative and the home care quality authority, or if
the legislature does not approve funding for the collective
bargaining agreement as provided in RCW 74.39A.300, the
ongoing additional costs to the state in making deductions
from the payments to individual providers under this section
shall be negotiated, agreed upon in advance, and reimbursed
[Title 41 RCW—page 285]
41.56.113
Title 41 RCW: Public Employment, Civil Service, and Pensions
to the state by the exclusive bargaining representative. [2002
c 99 § 1.]
(4) This section shall not apply to collective bargaining
agreements in effect or being bargained on July 23, 1989.
[1993 c 398 § 4; 1989 c 46 § 1.]
41.56.120 Right to strike not granted. Nothing
contained in this chapter shall permit or grant any public
employee the right to strike or refuse to perform his official
duties. [1967 ex.s. c 108 § 12.]
Effective dates—1993 c 398: See note following RCW 41.56.030.
41.56.122 Collective bargaining agreements—
Authorized provisions. A collective bargaining agreement
may:
(1) Contain union security provisions: PROVIDED,
That nothing in this section shall authorize a closed shop
provision: PROVIDED FURTHER, That agreements
involving union security provisions must safeguard the right
of nonassociation of public employees based on bona fide
religious tenets or teachings of a church or religious body of
which such public employee is a member. Such public
employee shall pay an amount of money equivalent to
regular union dues and initiation fee to a nonreligious charity
or to another charitable organization mutually agreed upon
by the public employee affected and the bargaining representative to which such public employee would otherwise pay
the dues and initiation fee. The public employee shall
furnish written proof that such payment has been made. If
the public employee and the bargaining representative do not
reach agreement on such matter, the commission shall
designate the charitable organization. When there is a
conflict between any collective bargaining agreement reached
by a public employer and a bargaining representative on a
union security provision and any charter, ordinance, rule, or
regulation adopted by the public employer or its agents,
including but not limited to, a civil service commission, the
terms of the collective bargaining agreement shall prevail.
(2) Provide for binding arbitration of a labor dispute
arising from the application or the interpretation of the
matters contained in a collective bargaining agreement.
[1975 1st ex.s. c 296 § 22; 1973 c 59 § 2.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.123 Collective bargaining agreements—Effect
of termination—Application of section. (1) After the
termination date of a collective bargaining agreement, all of
the terms and conditions specified in the collective bargaining agreement shall remain in effect until the effective
date of a subsequent agreement, not to exceed one year from
the termination date stated in the agreement. Thereafter, the
employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a
collective bargaining agreement which both parties agree to
exclude from the provisions of subsection (1) of this section
and to provisions within the collective bargaining agreement
with separate and specific termination dates.
(3) This section shall not apply to the following:
(a) Bargaining units covered by RCW 41.56.430 et seq.
for factfinding and interest arbitration;
(b) Collective bargaining agreements authorized by
chapter 53.18 RCW; or
(c) Collective bargaining agreements authorized by
chapter 54.04 RCW.
[Title 41 RCW—page 286]
41.56.125 Arbitrators—Selection—Additional
method. In addition to any other method for selecting
arbitrators, the parties may request the public employment
relations commission to, and the commission shall, appoint
a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a
labor dispute between such public employer and such bargaining representative arising from the application of the
matters contained in a collective bargaining agreement. The
arbitrator shall conduct such arbitration of such dispute in a
manner as provided for in the collective bargaining agreement: PROVIDED, That the commission shall not collect
any fees or charges from such public employer or such
bargaining representative for services performed by the
commission under the provisions of this chapter: PROVIDED FURTHER, That the provisions of chapter 49.08 RCW
shall have no application to this chapter. [1975 1st ex.s. 296
§ 23; 1973 c 59 § 3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.130 Rules and regulations of Washington
state personnel resources board—Mandatory subjects.
See RCW 41.06.150.
41.56.140 Unfair labor practices for public employer enumerated. It shall be an unfair labor practice for a
public employer:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate or interfere with a bargaining
representative;
(3) To discriminate against a public employee who has
filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining. [1969
ex.s. c 215 § 1.]
41.56.150 Unfair labor practices for bargaining
representative enumerated. It shall be an unfair labor
practice for a bargaining representative:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To induce the public employer to commit an unfair
labor practice;
(3) To discriminate against a public employee who has
filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining. [1969
ex.s. c 215 § 2.]
41.56.160 Commission to prevent unfair labor
practices and issue remedial orders and cease and desist
orders. (1) The commission is empowered and directed to
prevent any unfair labor practice and to issue appropriate
remedial orders: PROVIDED, That a complaint shall not be
processed for any unfair labor practice occurring more than
six months before the filing of the complaint with the
(2002 Ed.)
Public Employees’ Collective Bargaining
commission. This power shall not be affected or impaired
by any means of adjustment, mediation or conciliation in
labor disputes that have been or may hereafter be established
by law.
(2) If the commission determines that any person has
engaged in or is engaging in an unfair labor practice, the
commission shall issue and cause to be served upon the
person an order requiring the person to cease and desist from
such unfair labor practice, and to take such affirmative
action as will effectuate the purposes and policy of this
chapter, such as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is
located or in which the person who has engaged or is engaging in such unfair labor practice resides or transacts business,
for the enforcement of its order and for appropriate temporary relief. [1994 c 58 § 1; 1983 c 58 § 1; 1975 1st ex.s. c
296 § 24; 1969 ex.s. c 215 § 3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.165 Applicability of administrative procedure
act to commission action. Actions taken by or on behalf of
the commission shall be pursuant to chapter 34.05 RCW, or
rules adopted in accordance with chapter 34.05 RCW, and
the right of judicial review provided by chapter 34.05 RCW
shall be applicable to all such actions and rules. [1994 c 58
§ 2.]
41.56.201 Employees of institutions of higher
education—Option to have relationship and obligations
governed by chapter. (Effective until July 1, 2005.) (1)
At any time after July 1, 1993, and prior to July 1, 2003, an
institution of higher education and the exclusive bargaining
representative of a bargaining unit of employees classified
under chapter 41.06 RCW as appropriate may [chapter 41.06
RCW may] exercise their option to have their relationship
and corresponding obligations governed entirely by the
provisions of this chapter by complying with the following:
(a) The parties will file notice of the parties’ intent to be
so governed, subject to the mutual adoption of a collective
bargaining agreement permitted by this section recognizing
the notice of intent. The parties shall provide the notice to
the Washington personnel resources board or its successor
and the commission;
(b) During the negotiation of an initial contract between
the parties under this chapter, the parties’ scope of bargaining shall be governed by this chapter and any disputes
arising out of the collective bargaining rights and obligations
under this subsection shall be determined by the commission.
If the commission finds that the parties are at impasse, the
notice filed under (a) of this subsection shall be void and
have no effect; and
(c) On the first day of the month following the month
during which the institution of higher education and the
exclusive bargaining representative provide notice to the
Washington personnel resources board or its successor and
the commission that they have executed an initial collective
bargaining agreement recognizing the notice of intent filed
under (a) of this subsection, chapter 41.06 RCW as appropri(2002 Ed.)
41.56.160
ate shall cease to apply to all employees in the bargaining
unit covered by the agreement.
(2) All collective bargaining rights and obligations
concerning relations between an institution of higher education and the exclusive bargaining representative of its
employees who have agreed to exercise the option permitted
by this section shall be determined under this chapter,
subject to the following:
(a) The commission shall recognize, in its current form,
the bargaining unit as certified by the Washington personnel
resources board or its successor. For purposes of determining bargaining unit status, positions meeting the criteria
established under RCW 41.06.070 or its successor shall be
excluded from coverage under this chapter. An employer
may exclude such positions from a bargaining unit at any
time the position meets the criteria established under RCW
41.06.070 or its successor. The limitations on collective
bargaining contained in RCW 41.56.100 shall not apply to
that bargaining unit.
(b) If, on the date of filing the notice under subsection
(1)(a) of this section, there is a union shop authorized for the
bargaining unit under rules adopted by the Washington
personnel resources board or its successor, the union shop
requirement shall continue in effect for the bargaining unit
and shall be deemed incorporated into the collective bargaining agreement applicable to the bargaining unit.
(c) Salary increases negotiated for the employees in the
bargaining unit shall be subject to the following:
(i) Salary increases shall continue to be appropriated by
the legislature. The exclusive bargaining representative shall
meet before a legislative session with the governor or
governor’s designee and the representative of the institution
of higher education concerning the total dollar amount for
salary increases and health care contributions that will be
contained in the appropriations proposed by the governor
under RCW 43.88.060;
(ii) The collective bargaining agreements may provide
for salary increases from local efficiency savings that are
different from or that exceed the amount or percentage for
salary increases provided by the legislature in the omnibus
appropriations act for the institution of higher education or
allocated to the board of trustees by the state board for
community and technical colleges, but the base for salary
increases provided by the legislature under (c)(i) of this
subsection shall include only those amounts appropriated by
the legislature, and the base shall not include any additional
salary increases provided under this subsection (2)(c)(ii);
(iii) Any provisions of the collective bargaining agreements pertaining to salary increases provided under (c)(i) of
this subsection shall be subject to modification by the
legislature. If any provision of a salary increase provided
under (c)(i) of this subsection is changed by subsequent
modification of the appropriations act by the legislature, both
parties shall immediately enter into collective bargaining for
the sole purpose of arriving at a mutually agreed upon
replacement for the modified provision.
(3) Nothing in this section may be construed to permit
an institution of higher education to bargain collectively with
an exclusive bargaining representative concerning any matter
covered by: (a) Chapter 41.05 RCW, except for the related
cost or dollar contributions or additional or supplemental
[Title 41 RCW—page 287]
41.56.201
Title 41 RCW: Public Employment, Civil Service, and Pensions
benefits as permitted by chapter 492, Laws of 1993; or (b)
chapter 41.32 or 41.40 RCW.
(4) Any collective bargaining agreement entered into
under this section before July 1, 2004, that expires after July
1, 2004, shall, unless a superseding agreement complying
with RCW 41.80.001 and 41.80.010 through 41.80.130 is
negotiated by the parties, remain in full force and effect
during its duration, but the agreement may not be renewed
or extended beyond July 1, 2005, or until superseded by a
collective bargaining agreement entered into under RCW
41.80.001 and 41.80.010 through 41.80.130, whichever is
later. [2002 c 354 § 249; 2000 c 19 § 2; 1993 c 379 § 304.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
41.56.203 University of Washington—Certain
employees enrolled in an academic program—Scope of
collective bargaining. (1) In addition to the entities listed
in RCW 41.56.020, this chapter applies to the University of
Washington with respect to employees who are enrolled in
an academic program and are in a classification in (a)
through (i) of this subsection on any University of Washington campus. The employees in (a) through (i) of this
subsection constitute an appropriate bargaining unit:
(a) Predoctoral instructor;
(b) Predoctoral lecturer;
(c) Predoctoral teaching assistant;
(d) Predoctoral teaching associates I and II;
(e) Tutors, readers, and graders in all academic units
and tutoring centers;
(f) Predoctoral staff assistant;
(g) Predoctoral staff associates I and II;
(h) Except as provided in this subsection (1)(h),
predoctoral researcher, predoctoral research assistant, and
predoctoral research associates I and II. The employees that
constitute an appropriate bargaining unit under this subsection (1) do not include predoctoral researchers, predoctoral
research assistants, and predoctoral research associates I and
II who are performing research primarily related to their
dissertation and who have incidental or no service expectations placed upon them by the university; and
(i) All employees enrolled in an academic program
whose duties and responsibilities are substantially equivalent
to those employees in (a) through (h) of this subsection.
(2)(a) The scope of bargaining for employees at the
University of Washington under this section excludes:
(i) The ability to terminate the employment of any
individual if the individual is not meeting academic requirements as determined by the University of Washington;
(ii) The amount of tuition or fees at the University of
Washington. However, tuition and fee remission and waiver
is within the scope of bargaining;
(iii) The academic calendar of the University of Washington; and
(iv) The number of students to be admitted to a particular class or class section at the University of Washington.
(b)(i) Except as provided in (b)(ii) of this subsection,
provisions of collective bargaining agreements relating to
compensation must not exceed the amount or percentage
established by the legislature in the appropriations act. If
[Title 41 RCW—page 288]
any compensation provision is affected by subsequent
modification of the appropriations act by the legislature, both
parties must immediately enter into collective bargaining for
the sole purpose of arriving at a mutually agreed upon
replacement for the affected provision.
(ii) The University of Washington may provide additional compensation to student employees covered by this
section that exceeds that provided by the legislature. [2002
c 34 § 2.]
Intent—2002 c 34: "(1) This act is intended to promote cooperative
labor relations between the University of Washington and the employees
who provide instructional, research, and related academic services, and who
are enrolled as students at the university by extending collective bargaining
rights under chapter 41.56 RCW and using the orderly procedures
administered by the public employment relations commission. To achieve
this end, the legislature intends that under chapter 41.56 RCW the university
will exclusively bargain in good faith over all matters within the scope of
bargaining under RCW 41.56.203.
(2) The legislature recognizes the importance of the shared governance
practices developed at the University of Washington. The legislature does
not intend to restrict, limit, or prohibit the exercise of the functions of the
faculty in any shared governance mechanisms or practices, including the
faculty senate, faculty councils, and faculty codes of the University of
Washington; nor does the legislature intend to restrict, limit, or prohibit the
exercise of the functions of the graduate and professional student senate, the
associated students of the University of Washington, or any other student
organization in matters outside the scope of bargaining covered by chapter
41.56 RCW.
(3) The legislature intends that nothing in this act will restrict, limit,
or prohibit the University of Washington from consideration of the merits,
necessity, or organization of any program, activity, or service established by
the University of Washington, including, but not limited to, any decision to
establish, modify, or discontinue any such program, activity, or service. The
legislature further intends that nothing in this act will restrict, limit, or
prohibit the University of Washington from having sole discretion over
admission requirements for students, criterion for the award of certificates
and degrees to students, academic criterion for selection of employees
covered by this chapter, initial appointment of students, and the content,
conduct, and supervision of courses, curricula, grading requirements, and
research programs.
(4) The legislature does not intend to limit the matters excluded from
collective bargaining to those items specified in this act." [2002 c 34 § 1.]
Effective date—2002 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 34 § 3.]
41.56.210 Department to prevent unfair labor
practices and issue remedial orders—Application to state
civil service employees. See RCW 41.06.340.
41.56.220 Right of employee representing bargaining unit to be absent from employment during legislative
session—Replacement. Any public employee who represents fifty percent or more of a bargaining unit or who
represents on a statewide basis a group of five or more
bargaining units shall have the right to absent himself from
his employment without pay and without suffering any
discrimination in his future employment and without losing
benefits incident to his employment while representing his
bargaining unit at the legislature of the state of Washington
during any regular or special session thereof: PROVIDED,
That such employee is replaced by his bargaining unit with
an employee who shall be paid by the employer and who
shall be qualified to perform the duties and obligations of the
absent member in accordance with the rules of the civil
service or other standards established by his employer for
(2002 Ed.)
Public Employees’ Collective Bargaining
such absent employee. [1980 c 87 § 17; 1969 ex.s. c 174 §
1.]
41.56.430 Uniformed personnel—Legislative
declaration. The intent and purpose of chapter 131, Laws
of 1973 is to recognize that there exists a public policy in
the state of Washington against strikes by uniformed
personnel as a means of settling their labor disputes; that the
uninterrupted and dedicated service of these classes of
employees is vital to the welfare and public safety of the
state of Washington; that to promote such dedicated and
uninterrupted public service there should exist an effective
and adequate alternative means of settling disputes. [1973
c 131 § 1.]
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.440 Uniformed personnel—Negotiations—
Declaration of an impasse—Appointment of mediator.
Negotiations between a public employer and the bargaining
representative in a unit of uniformed personnel shall be
commenced at least five months prior to the submission of
the budget to the legislative body of the public employer. If
no agreement has been reached sixty days after the commencement of such negotiations then, at any time thereafter,
either party may declare that an impasse exists and may
submit the dispute to the commission for mediation, with or
without the concurrence of the other party. The commission
shall appoint a mediator, who shall forthwith meet with the
representatives of the parties, either jointly or separately, and
shall take such other steps as he or she may deem appropriate in order to persuade the parties to resolve their differences and effect an agreement: PROVIDED, That a mediator
does not have a power of compulsion. [1979 ex.s. c 184 §
1; 1975-’76 2nd ex.s. c 14 § 1; 1975 1st ex.s. c 296 § 28;
1973 c 131 § 3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.450 Uniformed personnel—Interest arbitration panel—Powers and duties—Hearings—Findings and
determination. If an agreement has not been reached
following a reasonable period of negotiations and mediation,
and the executive director, upon the recommendation of the
assigned mediator, finds that the parties remain at impasse,
then an interest arbitration panel shall be created to resolve
the dispute. The issues for determination by the arbitration
panel shall be limited to the issues certified by the executive
director. Within seven days following the issuance of the
determination of the executive director, each party shall
name one person to serve as its arbitrator on the arbitration
panel. The two members so appointed shall meet within
seven days following the appointment of the later appointed
member to attempt to choose a third member to act as the
neutral chairman of the arbitration panel. Upon the failure
of the arbitrators to select a neutral chairman within seven
days, the two appointed members shall use one of the two
following options in the appointment of the third member,
who shall act as chairman of the panel: (1) By mutual
consent, the two appointed members may jointly request the
(2002 Ed.)
41.56.220
commission, and the commission shall appoint a third
member within two days of such request. Costs of each
party’s appointee shall be borne by each party respectively;
other costs of the arbitration proceedings shall be borne by
the commission; or (2) either party may apply to the commission, the federal mediation and conciliation service, or
the American Arbitration Association to provide a list of five
qualified arbitrators from which the neutral chairman shall be
chosen. Each party shall pay the fees and expenses of its
arbitrator, and the fees and expenses of the neutral chairman
shall be shared equally between the parties.
The arbitration panel so constituted shall promptly
establish a date, time, and place for a hearing and shall
provide reasonable notice thereof to the parties to the dispute. A hearing, which shall be informal, shall be held, and
each party shall have the opportunity to present evidence and
make argument. No member of the arbitration panel may
present the case for a party to the proceedings. The rules of
evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the
chairman of the arbitration panel may be received in evidence. A recording of the proceedings shall be taken. The
arbitration panel has the power to administer oaths, require
the attendance of witnesses, and require the production of
such books, papers, contracts, agreements, and documents as
may be deemed by the panel to be material to a just determination of the issues in dispute. If any person refuses to obey
a subpoena issued by the arbitration panel, or refuses to be
sworn or to make an affirmation to testify, or any witness,
party, or attorney for a party is guilty of any contempt while
in attendance at any hearing held hereunder, the arbitration
panel may invoke the jurisdiction of the superior court in the
county where the labor dispute exists, and the court has
jurisdiction to issue an appropriate order. Any failure to
obey the order may be punished by the court as a contempt
thereof. The hearing conducted by the arbitration panel shall
be concluded within twenty-five days following the selection
or designation of the neutral chairman of the arbitration
panel, unless the parties agree to a longer period.
The neutral chairman shall consult with the other
members of the arbitration panel, and, within thirty days
following the conclusion of the hearing, the neutral chairman
shall make written findings of fact and a written determination of the issues in dispute, based on the evidence
presented. A copy thereof shall be served on the commission, on each of the other members of the arbitration panel,
and on each of the parties to the dispute. That determination
shall be final and binding upon both parties, subject to
review by the superior court upon the application of either
party solely upon the question of whether the decision of the
panel was arbitrary or capricious. [1983 c 287 § 2; 1979
ex.s. c 184 § 2; 1975-’76 2nd ex.s. c 14 § 2; 1975 1st ex.s.
c 296 § 29; 1973 c 131 § 4.]
Severability—1983 c 287: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 287 § 6.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
[Title 41 RCW—page 289]
41.56.452
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.56.452 Interest arbitration panel a state agency.
An interest arbitration panel created pursuant to RCW
41.56.450, in the performance of its duties under chapter
41.56 RCW, exercises a state function and is, for the
purposes of this chapter, a state agency. Chapter 34.05
RCW does not apply to proceedings before an interest
arbitration panel under this chapter. [1983 c 287 § 3; 1980
c 87 § 19.]
Severability—1983 c 287: See note following RCW 41.56.450.
41.56.465 Uniformed personnel—Interest arbitration panel—Determinations—Factors to be considered.
(1) In making its determination, the panel shall be mindful
of the legislative purpose enumerated in RCW 41.56.430
and, as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following
factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c)(i) For employees listed in RCW 41.56.030(7)(a)
through (d), comparison of the wages, hours, and conditions
of employment of personnel involved in the proceedings
with the wages, hours, and conditions of employment of like
personnel of like employers of similar size on the west coast
of the United States;
(ii) For employees listed in RCW 41.56.030(7)(e)
through (h), comparison of the wages, hours, and conditions
of employment of personnel involved in the proceedings
with the wages, hours, and conditions of employment of like
personnel of public fire departments of similar size on the
west coast of the United States. However, when an adequate
number of comparable employers exists within the state of
Washington, other west coast employers may not be considered;
(d) The average consumer prices for goods and services,
commonly known as the cost of living;
(e) Changes in any of the circumstances under (a)
through (d) of this subsection during the pendency of the
proceedings; and
(f) Such other factors, not confined to the factors under
(a) through (e) of this subsection, that are normally or
traditionally taken into consideration in the determination of
wages, hours, and conditions of employment. For those
employees listed in RCW 41.56.030(7)(a) who are employed
by the governing body of a city or town with a population
of less than fifteen thousand, or a county with a population
of less than seventy thousand, consideration must also be
given to regional differences in the cost of living.
(2) Subsection (1)(c) of this section may not be construed to authorize the panel to require the employer to pay,
directly or indirectly, the increased employee contributions
resulting from chapter 502, Laws of 1993 or chapter 517,
Laws of 1993 as required under chapter 41.26 RCW. [1995
c 273 § 2; 1993 c 398 § 3.]
Effective date—1995 c 273: See note following RCW 41.56.030.
Effective dates—1993 c 398: See note following RCW 41.56.030.
41.56.470 Uniformed personnel—Arbitration
panel—Rights of parties. During the pendency of the
proceedings before the arbitration panel, existing wages,
[Title 41 RCW—page 290]
hours and other conditions of employment shall not be
changed by action of either party without the consent of the
other but a party may so consent without prejudice to his
rights or position under chapter 131, Laws of 1973. [1973
c 131 § 6.]
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.473 Uniformed personnel—Application of
chapter to Washington state patrol—Bargaining subjects.
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the Washington state patrol with respect
to the officers of the Washington state patrol appointed
under RCW 43.43.020. Subjects of bargaining include
wage-related matters, except that the Washington state patrol
is prohibited from negotiating rates of pay or wage levels
and any matters relating to retirement benefits or health care
benefits or other employee insurance benefits.
(2) Provisions pertaining to wage-related matters in a
collective bargaining agreement between the Washington
state patrol and the Washington state patrol officers that are
entered into before the legislature approves the funds
necessary to implement the provisions must be conditioned
upon the legislature’s subsequent approval of the funds.
[1999 c 217 § 3.]
41.56.475 Uniformed personnel—Application of
chapter to Washington state patrol—Mediation and
arbitration. In addition to the classes of employees listed
in RCW 41.56.030(7), the provisions of RCW 41.56.430
through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490
also apply to Washington state patrol officers appointed
under RCW 43.43.020 as provided in this section, subject to
the following:
(1) The mediator or arbitration panel may consider only
matters that are subject to bargaining under RCW 41.56.473.
(2) In making its determination, the arbitration panel
shall be mindful of the legislative purpose enumerated in
RCW 41.56.430 and, as additional standards or guidelines to
aid it in reaching a decision, shall take into consideration the
following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours
and conditions of employment of like personnel of like
employers of similar size on the west coast of the United
States;
(d) Changes in any of the foregoing circumstances
during the pendency of the proceedings; and
(e) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of matters that are subject to bargaining
under RCW 41.56.473. [1999 c 217 § 4; 1993 c 351 § 1;
1988 c 110 § 2; 1987 c 135 § 3.]
Severability—1987 c 135: See note following RCW 41.56.020.
41.56.480 Uniformed personnel—Refusal to submit
to procedures—Invoking jurisdiction of superior court—
Contempt. If the representative of either or both the uni(2002 Ed.)
Public Employees’ Collective Bargaining
formed personnel and the public employer refuse to submit
to the procedures set forth in RCW 41.56.440 and 41.56.450,
the parties, or the commission on its own motion, may
invoke the jurisdiction of the superior court for the county in
which the labor dispute exists and such court shall have
jurisdiction to issue an appropriate order. A failure to obey
such order may be punished by the court as a contempt
thereof. A decision of the arbitration panel shall be final
and binding on the parties, and may be enforced at the
instance of either party, the arbitration panel or the commission in the superior court for the county where the dispute
arose. [1975 1st ex.s. c 296 § 30; 1973 c 131 § 7.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.490 Uniformed employees—Strikes prohibited—Violations—Contempt of court. The right of uniformed employees to engage in any strike, work slowdown,
or stoppage is not granted. An organization recognized as
the bargaining representative of uniformed employees subject
to this chapter that willfully disobeys a lawful order of
enforcement by a superior court pursuant to RCW 41.56.480
and 41.56.490, or willfully offers resistance to such order,
whether by strike or otherwise, is in contempt of court as
provided in chapter 7.21 RCW. An employer that willfully
disobeys a lawful order of enforcement by a superior court
pursuant to RCW 41.56.480 or willfully offers resistance to
such order is in contempt of court as provided in chapter
7.21 RCW. [1989 c 373 § 24; 1973 c 131 § 8.]
Severability—1989 c 373: See RCW 7.21.900.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.492 Application of uniformed personnel
collective bargaining provisions to employees of public
passenger transportation systems—Conditions. In
addition to the classes of employees listed in RCW
41.56.030(7), the provisions of RCW 41.56.430 through
41.56.452, 41.56.470, 41.56.480, and 41.56.490 shall also be
applicable to the employees of a public passenger transportation system of a metropolitan municipal corporation, county
transportation authority, public transportation benefit area, or
city public passenger transportation system, subject to the
following:
(1) Negotiations between the public employer and the
bargaining representative may commence at any time agreed
to by the parties. If no agreement has been reached ninety
days after commencement of negotiations, either party may
demand that the issues in disagreement be submitted to a
mediator. The services of the mediator shall be provided by
the commission without cost to the parties, but nothing in
this section or RCW 41.56.440 shall be construed to prohibit
the public employer and the bargaining representative from
agreeing to substitute at their own expense some other
mediator or mediation procedure; and
(2) If an agreement has not been reached following a
reasonable period of negotiations and mediation, and the
mediator finds that the parties remain at impasse, either party
may demand that the issues in disagreement be submitted to
an arbitration panel for a binding and final determination.
(2002 Ed.)
41.56.480
In making its determination, the arbitration panel shall be
mindful of the legislative purpose enumerated in RCW
41.56.430 and as additional standards or guidelines to aid it
in reaching a decisions [decision], shall take into consideration the following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) Compensation package comparisons, economic
indices, fiscal constraints, and similar factors determined by
the arbitration panel to be pertinent to the case; and
(d) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of wages, hours, and conditions of
employment. [1993 c 473 § 1.]
41.56.900 Short title—Effective date—1967 ex.s. c
108. RCW 41.56.010 through 41.56.900 and 41.06.150 shall
be known as the "Public Employees’ Collective Bargaining
Act" and shall take effect on July 1, 1967. [1967 ex.s. c 108
§ 14.]
41.56.905 Uniformed personnel—Provisions additional—Liberal construction. The provisions of this
chapter are intended to be additional to other remedies and
shall be liberally construed to accomplish their purpose.
Except as provided in RCW 53.18.015, if any provision of
this chapter conflicts with any other statute, ordinance, rule
or regulation of any public employer, the provisions of this
chapter shall control. [1983 c 287 § 5; 1973 c 131 § 10.]
Severability—1983 c 287: See note following RCW 41.56.450.
41.56.910 Severability—1973 c 131. If any provisions of this 1973 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or
circumstances is not affected. [1973 c 131 § 11.]
41.56.950 Retroactive date in collective bargaining
agreements allowable, when. Whenever a collective
bargaining agreement between a public employer and a bargaining representative is concluded after the termination date
of the previous collective bargaining agreement between the
same parties, the effective date of such collective bargaining
agreement may be the day after the termination date of the
previous collective bargaining agreement and all benefits
included in the new collective bargaining agreement including wage increases may accrue beginning with such effective
date as established by this section. [1971 ex.s. c 187 § 1.]
Chapter 41.58
PUBLIC EMPLOYMENT LABOR RELATIONS
Sections
41.58.005
41.58.010
41.58.015
41.58.020
41.58.030
Intent—Construction.
Public employment relations commission—Created—
Membership—Terms—Vacancies—Quorum—Report.
Compensation and travel expenses of members—Executive
director—Employees.
Powers and duties of commission.
Office.
[Title 41 RCW—page 291]
Chapter 41.58
41.58.040
41.58.050
41.58.060
41.58.800
41.58.801
41.58.802
41.58.803
41.58.900
41.58.901
Title 41 RCW: Public Employment, Civil Service, and Pensions
Duties of employers and employees.
Rules and regulations.
State ferry system—Chapter 47.64 RCW to govern.
Transfer of employees to commission.
Transfer of reports, documents, records, property, etc.,
funds, appropriations, etc.
Procedure for transfer of budgeted fund or equipment.
Continuation and savings.
Effective dates—1975-’76 2nd ex.s. c 5.
Effective date—1975 1st ex.s. c 296 §§ 4, 6, and 8 through
39.
41.58.005 Intent—Construction. (1) It is the intent
of the legislature by the adoption of chapter 296, Laws of
1975 1st ex. sess. to provide, in the area of public employment, for the more uniform and impartial (a) adjustment and
settlement of complaints, grievances, and disputes arising out
of employer-employee relations and, (b) selection and
certification of bargaining representatives by transferring
jurisdiction of such matters to the public employment
relations commission from other boards and commissions.
It is further the intent of the legislature, by such transfer, to
achieve more efficient and expert administration of public
labor relations administration and to thereby ensure the
public of quality public services.
(2) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to alter any existing collective
bargaining unit or the provisions of any existing bargaining
agreement.
(3) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to alter any power or authority
regarding the scope of collective bargaining in the employment areas affected by chapter 296, Laws of 1975 1st ex.
sess., but chapter 296, Laws of 1975 1st ex. sess. shall be
construed as transferring existing jurisdiction and authority
to the public employment relations commission.
(4) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to prohibit the consideration or
adjustment of complaints or grievances by the public
employer. [1975 1st ex.s. c 296 § 1.]
41.58.010 Public employment relations commission—Created—Membership—Terms—Vacancies—
Quorum—Report. (1) There is hereby created the public
employment relations commission (hereafter called the
"commission") to administer the provisions of this chapter.
The commission shall consist of three members who shall be
citizens appointed by the governor by and with the advice
and consent of the senate. One of the original members
shall be appointed for a term of three years, one for a term
of four years, and one for a term of five years. Their
successors shall be appointed for terms of five years each,
except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the member whom
he succeeds. Commission members shall be eligible for
reappointment. The governor shall designate one member to
serve as chairman of the commission. Any member of the
commission may be removed by the governor, upon notice
and hearing, for neglect of duty or malfeasance in office, but
for no other cause. Commission members shall not be
eligible for state retirement under chapter 41.40 RCW by
virtue of their service on the commission.
[Title 41 RCW—page 292]
(2) In making citizen member appointments initially,
and subsequently thereafter, the governor shall be cognizant
of the desirability of appointing persons knowledgeable in
the area of labor relations in the state.
(3) A vacancy in the commission shall not impair the
right of the remaining members to exercise all of the powers
of the commission, and two members of the commission
shall, at all times, constitute a quorum of the commission.
(4) The commission shall at the close of each fiscal year
make a report in writing to the legislature and to the governor stating the cases it has heard, the decisions it has
rendered, the names, salaries, and duties of all employees
and officers in the employ or under the supervision of the
commission, and an account of all moneys it has disbursed.
[1981 c 338 § 21; 1975-’76 2nd ex.s. c 5 § 1.]
41.58.015 Compensation and travel expenses of
members—Executive director—Employees. (1) Each
member of the commission shall be compensated in accordance with RCW 43.03.250. Members of the commission
shall also be reimbursed for travel expenses incurred in the
discharge of their official duties on the same basis as is
provided in RCW 43.03.050 and 43.03.060.
(2) The commission shall appoint an executive director
whose annual salary shall be determined under the provisions
of RCW 43.03.028. The executive director shall perform
such duties and have such powers as the commission shall
prescribe in order to implement and enforce the provisions
of this chapter. In addition to the performance of administrative duties, the commission may delegate to the executive
director authority with respect to, but not limited to, representation proceedings, unfair labor practice proceedings,
mediation of labor disputes, arbitration of disputes concerning the interpretation or application of a collective bargaining
agreement, and, in certain cases, fact-finding or arbitration
of disputes concerning the terms of a collective bargaining
agreement. Such delegation shall not eliminate a party’s
right of appeal to the commission. The executive director,
with such assistance as may be provided by the attorney
general and such additional legal assistance consistent with
chapter 43.10 RCW, shall have authority on behalf of the
commission, when necessary to carry out or enforce any
action or decision of the commission, to petition any court
of competent jurisdiction for an order requiring compliance
with the action or decision.
(3) The commission shall employ such employees as it
may from time to time find necessary for the proper performance of its duties, consistent with the provisions of this
chapter.
(4) The payment of all of the expenses of the commission, including travel expenses incurred by the members or
employees of the commission under its orders, shall be
subject to the provisions of RCW 43.03.050 and 43.03.060.
[1984 c 287 § 71; 1979 ex.s. c 146 § 2; 1975-’76 2nd ex.s.
c 34 § 91; 1975-’76 2nd ex.s. c 5 § 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
(2002 Ed.)
Public Employment Labor Relations
41.58.020 Powers and duties of commission. (1) It
shall be the duty of the commission, in order to prevent or
minimize interruptions growing out of labor disputes, to
assist employers and employees to settle such disputes
through mediation and fact-finding.
(2) The commission, through the director, may proffer
its services in any labor dispute arising under a collective
bargaining statute administered by the commission, either
upon its own motion or upon the request of one or more of
the parties to the dispute, whenever in its judgment such
dispute threatens to cause a substantial disruption to the
public welfare.
(3) If the director is not able to bring the parties to
agreement by mediation within a reasonable time, the
director shall seek to induce the parties to voluntarily seek
other means of settling the dispute without resort to strike or
other coercion, including submission to the employees in the
bargaining unit of the employer’s last offer of settlement for
approval or rejection in a secret ballot. The failure or
refusal of either party to agree to any procedure suggested
by the director shall not be deemed a violation of any duty
or obligation imposed by this chapter.
(4) Final adjustment by a method agreed upon by the
parties is declared to be the desirable method for settlement
of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. The
commission is directed to make its mediation and factfinding services available in the settlement of such grievance
disputes only as a last resort. [1993 c 379 § 303; 1975 1st
ex.s. c 296 § 4.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.58.030 Office. The principal office of the commission shall be in the city of Olympia, but it may meet and
exercise any or all of its powers at any other place in the
state. [1975 1st ex.s. c 296 § 5.]
41.58.040 Duties of employers and employees. In
order to prevent or minimize disruptions to the public
welfare growing out of labor disputes, employers and
employees and their representatives shall:
(1) Exert every reasonable effort to make and maintain
agreements concerning rates of pay, hours, and working
conditions, including provision for adequate notice of any
proposed change in the terms of such agreements;
(2) Whenever a dispute arises over the terms or application of a collective bargaining agreement and a conference
is requested by a party or prospective party thereto, arrange
promptly for such a conference to be held and endeavor in
such conference to settle such dispute expeditiously; and
(3) In case such dispute is not settled by conference,
participate fully and promptly in such meetings as may be
undertaken by the commission under this chapter for the
purpose of aiding in a settlement of the dispute. [1975 1st
ex.s. c 296 § 6.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.58.050 Rules and regulations. The board shall
have authority from time to time to make, amend, and
(2002 Ed.)
41.58.020
rescind, in the manner prescribed by the administrative
procedure act, chapter 34.05 RCW, such rules and regulations as may be necessary to carry out the provisions of this
chapter. [1975 1st ex.s. c 296 § 7.]
41.58.060 State ferry system—Chapter 47.64 RCW
to govern. For any matter concerning the state ferry system
and employee relations, collective bargaining, or labor
disputes or stoppages, the provisions of chapter 47.64 RCW
shall govern. [1983 c 15 § 22.]
Severability—1983 c 15: See RCW 47.64.910.
41.58.800 Transfer of employees to commission. All
employees of the department of labor and industries classified under the provisions of chapter 41.06 RCW, the state
civil service law, whose positions are entirely concerned with
functions transferred to the commission by chapter 296,
Laws of 1975 1st ex. sess. shall be transferred to the
jurisdiction of the commission. [1975-’76 2nd ex.s. c 5 § 3.]
41.58.801 Transfer of reports, documents, records,
property, etc., funds, appropriations, etc. All reports,
documents, surveys, books, records, files, papers, or other
writings in the possession of the marine employee commission, the office of the superintendent of public instruction,
the *state board for community college education, and the
department of labor and industries and pertaining to the
functions transferred to the commission by chapter 296,
Laws of 1975 1st ex. sess. shall by January 1, 1976, be
delivered to the custody of the commission. All cabinets,
furniture, office equipment, motor vehicles, and other
tangible property employed in carrying out the functions
transferred by chapter 296, Laws of 1975 1st ex. sess. shall
by January 1, 1976, be transferred to the commission.
Any appropriation or portion thereof remaining as of
January 1, 1976, and which is made to an agency for the
purpose of carrying out functions transferred from such
agency pursuant to chapter 296, Laws of 1975 1st ex. sess.,
shall, by January 1, 1976, be transferred and credited to the
commission for the purpose of carrying out such functions.
This paragraph shall not affect the transfer of moneys prior
to January 1, 1976, pursuant to section 67, chapter 269,
Laws of 1975 1st ex. sess.
Whenever any question arises as to the transfer of any
funds, including unexpended balances within any accounts,
books, documents, records, papers, files, equipment, or any
other tangible property used or held in the exercise of the
performance of the functions transferred under chapter 296,
Laws of 1975 1st ex. sess., the director of financial management or his successor shall make a determination as to the
proper allocation and certify the same to the state agencies
concerned. [1979 c 151 § 66; 1975-’76 2nd ex.s. c 5 § 4.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
41.58.802 Procedure for transfer of budgeted fund
or equipment. Where transfers of budgeted funds or
equipment are required under *this act, the director of financial management shall certify such transfers to the agencies
affected, the state auditor and the state treasurer all of whom
[Title 41 RCW—page 293]
41.58.802
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall make the appropriate transfer and adjustments in funds
and appropriation accounts and equipment records in
accordance with such certification. [1979 c 151 § 67; 1975’76 2nd ex.s. c 5 § 5.]
*Reviser’s note: For codification of "this act" [1975-’76 2nd ex.s. c
5], see Codification Tables, Volume 0.
41.58.803 Continuation and savings. On January 1,
1976, all rules and regulations, and all business pending
before the agencies or divisions thereof from whom functions are transferred pursuant to chapter 296, Laws of 1975
1st ex. sess. and which pertain to such functions shall be
continued and acted upon by the commission. All existing
contracts and obligations pertaining to such functions shall
remain in full force and effect, but shall be performed by the
commission in lieu of the agency from whom the functions
are transferred. The transfer of any functions shall not affect
the validity of any act performed by such agency or division
thereof or any officer or employee thereof prior to the effective date of the transferral of such functions.
Notwithstanding any other provisions of *this act,
contracts or agreements are authorized between the commission and other agencies with respect to functions transferred
from other agencies pursuant to chapter 296, Laws of 1975
1st ex. sess. Such contract or agreement may provide for an
employee or employees of such other agencies or other
person or persons to continue to provide services relating to
pending business which is transferred to the commission as
of January 1, 1976, until such pending business is completed.
[1975-’76 2nd ex.s. c 5 § 6.]
*Reviser’s note: For codification of "this act" [1975-’76 2nd ex.s. c
5], see Codification Tables, Volume 0.
41.58.900 Effective dates—1975-’76 2nd ex.s. c 5.
This act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect on September 8, 1975, except for the provisions of
sections 6 and 7 which shall be effective on January 1, 1976.
[1975-’76 2nd ex.s. c 5 § 9.]
41.58.901 Effective date—1975 1st ex.s. c 296 §§ 4,
6, and 8 through 39. Sections 4, 6, and 8 through 39 of
chapter 296, Laws of 1975 1st ex. sess. shall not be effective
until January 1, 1976. [1975-’76 2nd ex.s. c 5 § 8.]
Chapter 41.59
EDUCATIONAL EMPLOYMENT RELATIONS ACT
Sections
41.59.010
41.59.020
41.59.060
41.59.070
41.59.080
41.59.090
41.59.100
41.59.110
Purpose.
Definitions.
Employee rights enumerated—Fees and dues, deduction
from pay.
Election to ascertain exclusive bargaining representative,
when—Run-off election—Decertification election.
Determination of bargaining unit—Standards.
Certification of exclusive bargaining representative—Scope
of representation.
Union security provisions—Scope—Agency shop provision,
collection of dues or fees.
Commission, rules and regulations of—Federal precedents as
standard.
[Title 41 RCW—page 294]
41.59.120
Resolving impasses in collective bargaining—Mediation—
Fact-finding with recommendations—Other.
41.59.130 Binding arbitration procedures authorized.
41.59.140 Unfair labor practices for employer, employee organization,
enumerated.
41.59.150 Commission to prevent unfair labor practices—Scope.
41.59.160 Applicability of administrative procedure act provisions to
commission action.
41.59.170 Effective date of certain agreements—Increased benefits
during agreement authorized, when.
41.59.180 Employees in specialized job category—Exclusion.
41.59.900 Short title.
41.59.910 Construction of chapter—Effect on existing agreements—
Collective bargaining agreement prevails where conflict.
41.59.920 Construction of chapter—Employee’s rights preserved.
41.59.930 Construction of chapter—Employer’s responsibilities and
rights preserved.
41.59.935 Construction of chapter—Certain agreements subject to
RCW 28A.150.410 and 28A.400.200.
41.59.940 Effective date—1975 1st ex.s. c 288.
41.59.950 Severability—1975 1st ex.s. c 288.
Reviser’s note: Phrase "the commission" is used throughout chapter
41.59 RCW; 1975 1st ex.s. c 288 § 4, wherein the commission was created,
was vetoed by the governor; reference to the proviso in RCW 41.59.020(3)
below, together with amendments and repeals in 1975-’76 2nd ex.s. c 5
(codified in chapter 41.58 RCW) suggests commission to be that created in
RCW 41.58.010.
41.59.010 Purpose. It is the purpose of this chapter
to prescribe certain rights and obligations of the educational
employees of the school districts of the state of Washington,
and to establish procedures governing the relationship
between such employees and their employers which are
designed to meet the special requirements and needs of
public employment in education. [1975 1st ex.s. c 288 § 2.]
41.59.020 Definitions. As used in this chapter:
(1) The term "employee organization" means any
organization, union, association, agency, committee, council,
or group of any kind in which employees participate, and
which exists for the purpose, in whole or in part, of collective bargaining with employers.
(2) The term "collective bargaining" or "bargaining"
means the performance of the mutual obligation of the
representatives of the employer and the exclusive bargaining
representative to meet at reasonable times in light of the time
limitations of the budget-making process, and to bargain in
good faith in an effort to reach agreement with respect to the
wages, hours, and terms and conditions of employment:
PROVIDED, That prior law, practice or interpretation shall
be neither restrictive, expansive, nor determinative with
respect to the scope of bargaining. A written contract
incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a
concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which item(s) are mandatory subjects for bargaining
and which item(s) are nonmandatory.
(3) The term "commission" means the public employment relations commission established by RCW 41.58.010.
(4) The terms "employee" and "educational employee"
means any certificated employee of a school district, except:
(a) The chief executive officer of the employer.
(2002 Ed.)
Educational Employment Relations Act
(b) The chief administrative officers of the employer,
which shall mean the superintendent of the district, deputy
superintendents, administrative assistants to the superintendent, assistant superintendents, and business manager. Title
variation from all positions enumerated in this subsection (b)
may be appealed to the commission for determination of
inclusion in, or exclusion from, the term "educational
employee".
(c) Confidential employees, which shall mean:
(i) Any person who participates directly on behalf of an
employer in the formulation of labor relations policy, the
preparation for or conduct of collective bargaining, or the
administration of collective bargaining agreements, except
that the role of such person is not merely routine or clerical
in nature but calls for the consistent exercise of independent
judgment; and
(ii) Any person who assists and acts in a confidential
capacity to such person.
(d) Unless included within a bargaining unit pursuant to
RCW 41.59.080, any supervisor, which means any employee
having authority, in the interest of an employer, to hire,
assign, promote, transfer, layoff, recall, suspend, discipline,
or discharge other employees, or to adjust their grievances,
or to recommend effectively such action, if in connection
with the foregoing the exercise of such authority is not
merely routine or clerical in nature but calls for the consistent exercise of independent judgment, and shall not include
any persons solely by reason of their membership on a
faculty tenure or other governance committee or body. The
term "supervisor" shall include only those employees who
perform a preponderance of the above-specified acts of
authority.
(e) Unless included within a bargaining unit pursuant to
RCW 41.59.080, principals and assistant principals in school
districts.
(5) The term "employer" means any school district.
(6) The term "exclusive bargaining representative"
means any employee organization which has:
(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees
in an appropriate collective bargaining unit; or
(b) Prior to January 1, 1976, been recognized under a
predecessor statute as the representative of the employees in
an appropriate collective bargaining or negotiations unit.
(7) The term "person" means one or more individuals,
organizations, unions, associations, partnerships, corporations, boards, committees, commissions, agencies, or other
entities, or their representatives.
(8) The term "nonsupervisory employee" means all
educational employees other than principals, assistant
principals and supervisors. [1989 c 11 § 11; 1975 1st ex.s.
c 288 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
41.59.060 Employee rights enumerated—Fees and
dues, deduction from pay. (1) Employees shall have the
right to self-organization, to form, join, or assist employee
organizations, to bargain collectively through representatives
of their own choosing, and shall also have the right to
refrain from any or all of such activities except to the extent
that employees may be required to pay a fee to any em(2002 Ed.)
41.59.020
ployee organization under an agency shop agreement
authorized in this chapter.
(2) The exclusive bargaining representative shall have
the right to have deducted from the salary of employees,
upon receipt of an appropriate authorization form which shall
not be irrevocable for a period of more than one year, an
amount equal to the fees and dues required for membership.
Such fees and dues shall be deducted monthly from the pay
of all appropriate employees by the employer and transmitted
as provided for by agreement between the employer and the
exclusive bargaining representative, unless an automatic
payroll deduction service is established pursuant to law, at
which time such fees and dues shall be transmitted as therein
provided. If an agency shop provision is agreed to and
becomes effective pursuant to RCW 41.59.100, except as
provided in that section, the agency fee equal to the fees and
dues required of membership in the exclusive bargaining
representative shall be deducted from the salary of employees in the bargaining unit. [1975 1st ex.s. c 288 § 7.]
41.59.070 Election to ascertain exclusive bargaining
representative, when—Run-off election—Decertification
election. (1) Any employee organization may file a request
with the commission for recognition as the exclusive representative. Such request shall allege that a majority of the
employees in an appropriate collective bargaining unit wish
to be represented for the purpose of collective bargaining by
such organization, shall describe the grouping of jobs or
positions which constitute the unit claimed to be appropriate,
shall be supported by credible evidence demonstrating that
at least thirty percent of the employees in the appropriate
unit desire the organization requesting recognition as their
exclusive representative, and shall indicate the name,
address, and telephone number of any other interested
employee organization, if known to the requesting organization.
(2) The commission shall determine the exclusive
representative by conducting an election by secret ballot,
except under the following circumstances:
(a) In instances where a serious unfair labor practice has
been committed which interfered with the election process
and precluded the holding of a fair election, the commission
shall determine the exclusive bargaining representative by an
examination of organization membership rolls or a comparison of signatures on organization bargaining authorization
cards.
(b) In instances where there is then in effect a lawful
written collective bargaining agreement between the employer and another employee organization covering any employees included in the unit described in the request for recognition, the request for recognition shall not be entertained
unless it shall be filed within the time limits prescribed in
subsection (3) of this section for decertification or a new
recognition election.
(c) In instances where within the previous twelve
months another employee organization has been lawfully
recognized or certified as the exclusive bargaining representative of any employees included in the unit described in the
request for recognition, the request for recognition shall not
be entertained.
[Title 41 RCW—page 295]
41.59.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
(d) In instances where the commission has within the
previous twelve months conducted a secret ballot election
involving any employees included in the unit described in
the request for recognition in which a majority of the valid
ballots cast chose not to be represented by any employee
organization, the request for recognition shall not be entertained.
(3) Whenever the commission conducts an election to
ascertain the exclusive bargaining representative, the ballot
shall contain the name of the proposed bargaining representative and of any other bargaining representative showing
written proof of at least ten percent representation of the
educational employees within the unit, together with a choice
for any educational employee to designate that he or she
does not desire to be represented by any bargaining agent.
Where more than one organization is on the ballot and
neither of the three or more choices receives a majority of
the valid ballots cast by the educational employees within
the bargaining unit, a run-off election shall be held. The
run-off ballot shall contain the two choices which receive the
largest and second largest number of votes. No question
concerning representation may be raised within one year of
a certification or attempted certification. Where there is a
valid collective bargaining agreement in effect, no question
of representation may be raised except during the period not
more than ninety nor less than sixty days prior to the
expiration date of the agreement. In the event that a valid
collective bargaining agreement, together with any renewals
or extensions thereof, has been or will be in existence for
three years, then the question of representation may be raised
not more than ninety nor less than sixty days prior to the
third anniversary date of the agreement or any renewals or
extensions thereof as long as such renewals and extensions
do not exceed three years; and if the exclusive bargaining
representative is removed as a result of such procedure, the
then existing collective bargaining agreement shall be
terminable by the new exclusive bargaining representative so
selected within sixty days after its certification or terminated
on its expiration date, whichever is sooner, or if no exclusive
bargaining representative is so selected, then the agreement
shall be deemed to be terminated at its expiration date or as
of such third anniversary date, whichever is sooner.
(4) Within the time limits prescribed in subsection (3)
of this section, a petition may be filed signed by at least
thirty percent of the employees of a collective bargaining
unit, then represented by an exclusive bargaining representative, alleging that a majority of the employees in that
unit do not wish to be represented by an employee organization, requesting that the exclusive bargaining representative
be decertified, and indicating the name, address and telephone number of the exclusive bargaining representative and
any other interested employee organization, if known. Upon
the verification of the signatures on the petition, the commission shall conduct an election by secret ballot as prescribed
by subsection (3) of this section. [1975 1st ex.s. c 288 § 8.]
41.59.080 Determination of bargaining unit—
Standards. The commission, upon proper application for
certification as an exclusive bargaining representative or
upon petition for change of unit definition by the employer
or any employee organization within the time limits specified
[Title 41 RCW—page 296]
in RCW 41.59.070(3), and after hearing upon reasonable
notice, shall determine the unit appropriate for the purpose
of collective bargaining. In determining, modifying or
combining the bargaining unit, the commission shall consider
the duties, skills, and working conditions of the educational
employees; the history of collective bargaining; the extent of
organization among the educational employees; and the
desire of the educational employees; except that:
(1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all
such nonsupervisory educational employees of the employer;
and
(2) A unit that includes only supervisors may be
considered appropriate if a majority of the employees in such
category indicate by vote that they desire to be included in
such a unit; and
(3) A unit that includes only principals and assistant
principals may be considered appropriate if a majority of
such employees indicate by vote that they desire to be
included in such a unit; and
(4) A unit that includes both principals and assistant
principals and other supervisory employees may be considered appropriate if a majority of the employees in each
category indicate by vote that they desire to be included in
such a unit; and
(5) A unit that includes supervisors and/or principals
and assistant principals and nonsupervisory educational
employees may be considered appropriate if a majority of
the employees in each category indicate by vote that they
desire to be included in such a unit; and
(6) A unit that includes only employees in vocationaltechnical institutes or occupational skill centers may be
considered to constitute an appropriate bargaining unit if the
history of bargaining in any such school district so justifies;
and
(7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals
and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days
of work in the annual employment contracts; and
(8) The bargaining unit of certificated employees of
school districts, educational service districts, or institutions
of higher education that are education providers under
chapter 28A.193 RCW must be limited to the employees
working as education providers to juveniles in each adult
correctional facility maintained by the department of corrections and must be separate from other bargaining units in
school districts, educational service districts, or institutions
of higher education. [1998 c 244 § 11; 1975 1st ex.s. c 288
§ 9.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
41.59.090 Certification of exclusive bargaining
representative—Scope of representation. The employee
organization which has been determined to represent a
majority of the employees in a bargaining unit shall be
certified by the commission as the exclusive bargaining
representative of, and shall be required to represent all the
employees within the unit without regard to membership in
that bargaining representative: PROVIDED, That any
employee at any time may present his grievance to the
(2002 Ed.)
Educational Employment Relations Act
employer and have such grievance adjusted without the
intervention of the exclusive bargaining representative, as
long as such representative has been given an opportunity to
be present at that adjustment and to make its views known,
and as long as the adjustment is not inconsistent with the
terms of a collective bargaining agreement then in effect.
[1975 1st ex.s. c 288 § 10.]
41.59.100 Union security provisions—Scope—
Agency shop provision, collection of dues or fees. A
collective bargaining agreement may include union security
provisions including an agency shop, but not a union or
closed shop. If an agency shop provision is agreed to, the
employer shall enforce it by deducting from the salary
payments to members of the bargaining unit the dues
required of membership in the bargaining representative, or,
for nonmembers thereof, a fee equivalent to such dues. All
union security provisions must safeguard the right of
nonassociation of employees based on bona fide religious
tenets or teachings of a church or religious body of which
such employee is a member. Such employee shall pay an
amount of money equivalent to regular dues and fees to a
nonreligious charity or to another charitable organization
mutually agreed upon by the employee affected and the
bargaining representative to which such employee would
otherwise pay the dues and fees. The employee shall furnish
written proof that such payment has been made. If the
employee and the bargaining representative do not reach
agreement on such matter, the commission shall designate
the charitable organization. [1975 1st ex.s. c 288 § 11.]
41.59.110 Commission, rules and regulations of—
Federal precedents as standard. (1) The commission shall
promulgate, revise, or rescind, in the manner prescribed by
the administrative procedure act, chapter 34.05 RCW, such
rules and regulations as it may deem necessary and appropriate to administer the provisions of this chapter, in conformity
with the intent and purpose of this chapter, and consistent
with the best standards of labor-management relations.
(2) The rules, precedents, and practices of the national
labor relations board, provided they are consistent with this
chapter, shall be considered by the commission in its
interpretation of this chapter, and prior to adoption of any
aforesaid commission rules and regulations. [1975 1st ex.s.
c 288 § 12.]
41.59.120 Resolving impasses in collective bargaining—Mediation—Fact-finding with recommendations—
Other. (1) Either an employer or an exclusive bargaining
representative may declare that an impasse has been reached
between them in collective bargaining and may request the
commission to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the
controversy on terms which are mutually acceptable. If the
commission determines that its assistance is needed, not later
than five days after the receipt of a request therefor, it shall
appoint a mediator in accordance with rules and regulations
for such appointment prescribed by the commission. The
mediator shall meet with the parties or their representatives,
or both, forthwith, either jointly or separately, and shall take
such other steps as he may deem appropriate in order to
(2002 Ed.)
41.59.090
persuade the parties to resolve their differences and effect a
mutually acceptable agreement. The mediator, without the
consent of both parties, shall not make findings of fact or
recommend terms of settlement. The services of the
mediator, including, if any, per diem expenses, shall be
provided by the commission without cost to the parties.
Nothing in this subsection (1) shall be construed to prevent
the parties from mutually agreeing upon their own mediation
procedure, and in the event of such agreement, the commission shall not appoint its own mediator unless failure to
do so would be inconsistent with the effectuation of the
purposes and policy of this chapter.
(2) If the mediator is unable to effect settlement of the
controversy within ten days after his or her appointment,
either party, by written notification to the other, may request
that their differences be submitted to fact-finding with
recommendations, except that the time for mediation may be
extended by mutual agreement between the parties. Within
five days after receipt of the aforesaid written request for
fact-finding, the parties shall select a person to serve as factfinder and obtain a commitment from that person to serve.
If they are unable to agree upon a fact-finder or to obtain
such a commitment within that time, either party may
request the commission to designate a fact-finder. The commission, within five days after receipt of such request, shall
designate a fact-finder in accordance with rules and regulations for such designation prescribed by the commission.
The fact-finder so designated shall not be the same person
who was appointed mediator pursuant to subsection (1) of
this section without the consent of both parties.
The fact-finder, within five days after his appointment,
shall meet with the parties or their representatives, or both,
either jointly or separately, and make inquiries and investigations, hold hearings, and take such other steps as he may
deem appropriate. For the purpose of such hearings, investigations and inquiries, the fact-finder shall have the
power to issue subpoenas requiring the attendance and
testimony of witnesses and the production of evidence. If
the dispute is not settled within ten days after his appointment, the fact-finder shall make findings of fact and recommend terms of settlement within thirty days after his appointment, which recommendations shall be advisory only.
(3) Such recommendations, together with the findings of
fact, shall be submitted in writing to the parties and the
commission privately before they are made public. Either
the commission, the fact-finder, the employer, or the
exclusive bargaining representative may make such findings
and recommendations public if the dispute is not settled
within five days after their receipt from the fact-finder.
(4) The costs for the services of the fact-finder, including, if any, per diem expenses and actual and necessary
travel and subsistence expenses, and any other incurred
costs, shall be borne by the commission without cost to the
parties.
(5) Nothing in this section shall be construed to prohibit
an employer and an exclusive bargaining representative from
agreeing to substitute, at their own expense, their own
procedure for resolving impasses in collective bargaining for
that provided in this section or from agreeing to utilize for
the purposes of this section any other governmental or other
agency or person in lieu of the commission.
[Title 41 RCW—page 297]
41.59.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) Any fact-finder designated by an employer and an
exclusive representative or the commission for the purposes
of this section shall be deemed an agent of the state. [1975
1st ex.s. c 288 § 13.]
41.59.130 Binding arbitration procedures authorized. An employer and an exclusive bargaining representative who enter into a collective bargaining agreement
may include in such agreement procedures for binding
arbitration of such disputes as may arise involving the
interpretation or application of such agreement. [1975 1st
ex.s. c 288 § 14.]
41.59.140 Unfair labor practices for employer,
employee organization, enumerated. (1) It shall be an
unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in
the exercise of the rights guaranteed in RCW 41.59.060.
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules and regulations made by the commission pursuant to
RCW 41.59.110, an employer shall not be prohibited from
permitting employees to confer with it or its representatives
or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment or any term or condition of employment, but nothing contained in this subsection shall prevent
an employer from requiring, as a condition of continued
employment, payment of periodic dues and fees uniformly
required to an exclusive bargaining representative pursuant
to RCW 41.59.100;
(d) To discharge or otherwise discriminate against an
employee because he has filed charges or given testimony
under *this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee
organization:
(a) To restrain or coerce (i) employees in the exercise
of the rights guaranteed in RCW 41.59.060: PROVIDED,
That this paragraph shall not impair the right of an employee
organization to prescribe its own rules with respect to the
acquisition or retention of membership therein; or (ii) an
employer in the selection of his representatives for the
purposes of collective bargaining or the adjustment of
grievances;
(b) To cause or attempt to cause an employer to
discriminate against an employee in violation of subsection
(1)(c) of this section;
(c) To refuse to bargain collectively with an employer,
provided it is the representative of its employees subject to
RCW 41.59.090.
(3) The expressing of any views, argument, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be
evidence of an unfair labor practice under any of the
provisions of *this chapter, if such expression contains no
threat of reprisal or force or promise of benefit. [1975 1st
ex.s. c 288 § 15.]
[Title 41 RCW—page 298]
*Reviser’s note: Session law [1975 1st ex.s. c 288 § 15] language
here reads "this act" or "this 1975 act"; for codification of 1975 1st ex.s. c
288, see Codification Tables, Volume 0.
41.59.150 Commission to prevent unfair labor
practices—Scope. (1) The commission is empowered to
prevent any person from engaging in any unfair labor
practice as defined in RCW 41.59.140: PROVIDED, That
a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the
complaint with the commission. This power shall not be
affected by any other means of adjustment or prevention that
has been or may be established by agreement, law, equity or
otherwise.
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor practices
as defined in RCW 41.59.140, then the commission shall
issue and cause to be served upon such person an order
requiring such person to cease and desist from such unfair
labor practice, and to take such affirmative action as will
effectuate the purposes and policy of this chapter, such as
the payment of damages and/or the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is
located or wherein the person who has engaged or is engaging in such unfair labor practice resides or transacts business,
for the enforcement of its order and for appropriate temporary relief. [1983 c 58 § 3; 1975 1st ex.s. c 288 § 16.]
41.59.160 Applicability of administrative procedure
act provisions to commission action. Actions taken by or
on behalf of the commission shall be pursuant to chapter
34.05 RCW, or rules and regulations adopted in accordance
therewith, and the right of judicial review provided by
chapter 34.05 RCW shall be applicable to all such actions
and rules and regulations. [1975 1st ex.s. c 288 § 17.]
41.59.170 Effective date of certain agreements—
Increased benefits during agreement authorized, when.
(1) Whenever a collective bargaining agreement between an
employer and an exclusive bargaining representative is
concluded after the termination date of the previous collective bargaining agreement between the employer and an
employee organization representing the same employees, the
effective date of such collective bargaining agreement may
be the day after the termination date of the previous collective bargaining agreement and all benefits included in the
new collective bargaining agreement, including wage or
salary increases, may accrue beginning with such effective
date as established by this subsection, and may also accrue
beginning with the effective date of any individual employee
contracts affected thereby.
(2) Any collective bargaining agreement may provide
for the increase of any wages, salaries and other benefits
during the term of such agreement or the term of any
individual employee contracts concerned, in the event that
the employer receives by increased appropriation or from
other sources, additional moneys for such purposes. [1975
1st ex.s. c 288 § 18.]
(2002 Ed.)
Educational Employment Relations Act
41.59.180 Employees in specialized job category—
Exclusion. Notwithstanding the definition of "employee" in
RCW 41.59.020, the commission may exclude from the
coverage of chapter 288, Laws of 1975 1st ex. sess. any
specialized job category of an employer where a majority of
the persons employed in that job category consists of
classified employees. At such time as a majority of such
employees are certificated, the job category may be considered an appropriate unit under chapter 288, Laws of 1975 1st
ex. sess. [1997 c 13 § 14; 1975 1st ex.s. c 288 § 23.]
41.59.900 Short title. This chapter may be cited as
the educational employment relations act. [1975 1st ex.s. c
288 § 1.]
41.59.910 Construction of chapter—Effect on
existing agreements—Collective bargaining agreement
prevails where conflict. This chapter shall supersede
existing statutes not expressly repealed to the extent that
there is a conflict between a provision of this chapter and
those other statutes. Except as otherwise expressly provided
herein, nothing in this chapter shall be construed to annul,
modify or preclude the renewal or continuation of any lawful
agreement entered into prior to January 1, 1976 between an
employer and an employee organization covering wages,
hours, and terms and conditions of employment. Where
there is a conflict between any collective bargaining agreement and any resolution, rule, policy or regulation of the
employer or its agents, the terms of the collective bargaining
agreement shall prevail. [1975 1st ex.s. c 288 § 19.]
41.59.920 Construction of chapter—Employee’s
rights preserved. Except as otherwise expressly provided
herein, nothing contained in this chapter shall be construed
to deny or otherwise abridge any rights, privileges or
benefits granted by law to employees. [1975 1st ex.s. c 288
§ 20.]
41.59.930 Construction of chapter—Employer’s
responsibilities and rights preserved. Nothing in this
chapter shall be construed to interfere with the responsibilities and rights of the employer as specified by federal and
state law, including the employer’s responsibilities to
students, the public, and other constituent elements of the
institution. [1975 1st ex.s. c 288 § 24.]
41.59.935 Construction of chapter—Certain agreements subject to RCW 28A.150.410 and 28A.400.200.
Nothing in this chapter shall be construed to grant employers
or employees the right to reach agreements regarding salary
or compensation increases in excess of those authorized in
accordance with RCW 28A.150.410 and 28A.400.200.
[1990 c 33 § 571; (1997 c 431 § 22 expired June 30, 1999);
1987 1st ex.s. c 2 § 206; 1981 c 16 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Intent—Severability—Effective dates—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Severability—1981 c 16: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
(2002 Ed.)
41.59.180
of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 16 § 5.]
41.59.940 Effective date—1975 1st ex.s. c 288.
Except for RCW 41.59.040, 41.59.050, 41.59.110 and
41.59.160 which shall take effect ninety days following
enactment hereof, this chapter and RCW 28A.150.060 and
28A.405.100 as amended by chapter 288, Laws of 1975 1st
ex. sess. shall take effect on January 1, 1976. Where the
term "effective date of this chapter" is used elsewhere in this
chapter it shall mean January 1, 1976. [1990 c 33 § 572;
1975 1st ex.s. c 288 § 26.]
Reviser’s note: (1) Engrossed Substitute Senate Bill No. 2500, which
is chapter 288, Laws of 1975 1st ex. sess., was passed by the senate May
28, 1975, passed by the house of representatives June 2, 1975, and approved
by the governor July 2, 1975, with the exception of section 4 thereof, which
was vetoed by the governor; it includes the repeal of chapter 28A.72 RCW
in section 28 thereof.
(2) RCW 41.59.040 and 41.59.050 were repealed by 1979 ex.s. c 146
§ 3.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
41.59.950 Severability—1975 1st ex.s. c 288. If any
provision of *this chapter, or its application to any person or
circumstance is held invalid, the remainder of *the chapter,
or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 288 § 25.]
*Reviser’s note: Session law [1975 1st ex.s. c 288 § 25] language
here reads "this 1975 act" or "the act"; for codification of 1975 1st ex.s. c
288, see Codification Tables, Volume 0.
Chapter 41.60
STATE EMPLOYEES’ SUGGESTION AWARDS
AND INCENTIVE PAY
Sections
41.60.010
41.60.015
41.60.020
41.60.030
41.60.041
41.60.050
41.60.080
41.60.100
41.60.110
41.60.120
41.60.140
41.60.150
41.60.160
41.60.910
41.60.911
Definitions.
Productivity board created—Also known as employee involvement and recognition board—Members—Terms—
Compensation.
Employee suggestion program—Rules for administration of
chapter.
Employee suggestion program—Determination of award.
Employee suggestion program—Amount and payment of
award—Transfer of funds to general fund.
Appropriations for administrative costs.
Employee suggestion program—Contests to encourage participation.
Employee teamwork incentive program—Applications.
Employee teamwork incentive program—Evaluation of
savings.
Employee teamwork incentive program—Awards.
Incentive pay or awards not included in retirement calculations.
Recognition awards.
Persons ineligible for awards.
Severability—1975-’76 2nd ex.s. c 122.
Effective dates—1987 c 387.
41.60.010 Definitions. As used in this chapter:
(1) "Board" means the productivity board.
(2) "Delegated authority" means authority delegated to
an agency head by the board to design and implement an
agency unique employee suggestion program for the agency.
[Title 41 RCW—page 299]
41.60.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) "Board designee" means an agency head with
delegated authority from the board.
(4) "Employee suggestion program" means the programs
developed by the board under RCW 41.60.020.
(5) "Statewide employee suggestion program" means an
employee suggestion program administered by the productivity board.
(6) "Agency unique suggestion program" means an
employee suggestion program designed and administered by
an agency head with delegated authority.
(7) "Teamwork incentive program" means the program
developed by the board under RCW 41.60.100 through
41.60.120.
(8) "State employees" means present employees in state
agencies and institutions of higher education except for
elected officials, directors of such agencies and institutions,
and their confidential secretaries and administrative assistants
and others specifically ruled ineligible by the rules of the
productivity board. [1999 c 50 § 1; 1993 c 467 § 1; 1987 c
387 § 1; 1983 c 54 § 1; 1982 c 167 § 6; 1977 ex.s. c 169 §
103; 1969 ex.s. c 152 § 3; 1965 ex.s. c 142 § 1.]
Effective date—1993 c 467: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 467 § 8.]
Severability—1982 c 167: See note following RCW 41.60.015.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
41.60.015 Productivity board created—Also known
as employee involvement and recognition board—
Members—Terms—Compensation. (1) There is hereby
created the productivity board, which may also be known as
the employee involvement and recognition board. The board
shall administer the employee suggestion program and the
teamwork incentive program under this chapter.
(2) The board shall be composed of:
(a) The secretary of state who shall act as chairperson;
(b) The director of personnel appointed under the
provisions of RCW 41.06.130 or the director’s designee;
(c) The director of financial management or the
director’s designee;
(d) The director of general administration or the
director’s designee;
(e) Three persons with experience in administering
incentives such as those used by industry, with the governor,
lieutenant governor, and speaker of the house of representatives each appointing one person. The governor’s appointee
shall be a representative of an employee organization
certified as an exclusive representative of at least one
bargaining unit of classified employees;
(f) Two persons representing state agencies and institutions with employees subject to chapter 41.06 RCW, and one
person representing those subject to chapter 28B.16 RCW,
both appointed by the governor; and
(g) In addition, the governor and board chairperson may
jointly appoint persons to the board on an ad hoc basis. Ad
hoc members shall serve in an advisory capacity and shall
not have the right to vote.
Members under subsection (2)(e) and (f) of this section
shall be appointed to serve three-year terms.
[Title 41 RCW—page 300]
Members of the board appointed pursuant to subsection
(2)(e) of this section may be compensated in accordance
with RCW 43.03.240. Any board member who is not a state
employee may be reimbursed for travel expenses under
RCW 43.03.050 and 43.03.060. [2000 c 139 § 1; 1999 c 50
§ 2; 1993 c 467 § 2; 1987 c 387 § 2; 1985 c 114 § 1; 1984
c 287 § 72; 1983 c 54 § 2; 1982 c 167 § 1.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Effective date—1985 c 114: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 114 § 8.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1982 c 167: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 167 § 18.]
41.60.020 Employee suggestion program—Rules for
administration of chapter. (1) The board shall formulate,
establish, and maintain a statewide employee suggestion program and adopt rules to allow for agency unique suggestion
programs. Employee suggestion programs are developed to
encourage and reward meritorious suggestions by state
employees that will promote efficiency and economy in the
performance of any function of state government: PROVIDED, That the program shall include provisions for the
processing of suggestions having multi-agency impact and
post-implementation auditing of suggestions for fiscal
accountability.
(2) The board shall adopt rules necessary or appropriate
for the proper administration and for the accomplishment of
the purposes of this chapter. These rules shall include the
adoption of a payment award schedule that establishes the
criteria for determining the amounts of any financial or other
awards under this chapter. [1999 c 50 § 3; 1995 c 181 § 1;
1993 c 467 § 3; 1982 c 167 § 7; 1975-’76 2nd ex.s. c 122
§ 1; 1969 ex.s. c 152 § 4; 1965 ex.s. c 142 § 2.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.030 Employee suggestion program—
Determination of award. The board, or [the] board’s
designee, shall make the final determination as to whether an
employee suggestion award will be made and shall determine
the nature and extent of the award based on the payment
award scale.
No employee suggestion award may normally be made
to an employee for a suggestion which is within the scope of
the employee’s regularly assigned responsibilities. [1999 c
50 § 4; 1982 c 167 § 8; 1965 ex.s. c 142 § 3.]
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.041 Employee suggestion program—Amount
and payment of award—Transfer of funds to general
fund. (1) Cash awards for suggestions generating net
savings, revenue, or both to the state shall be determined by
the board, or the board’s designee, based on the payment
award scale. No award may be granted in excess of ten
thousand dollars. Savings, revenue, or both, shall be
calculated for the first year of implementation.
(2002 Ed.)
State Employees’ Suggestion Awards and Incentive Pay
(2) The board shall establish guidelines for making cash
awards for suggestions for which benefits to the state are
intangible or for which benefits cannot be calculated.
(3) Funds for the awards shall be drawn from the
appropriation of the agency benefiting from the employee’s
suggestion. If the suggestion reduces costs to a
nonappropriated fund or reduces costs paid without appropriation from a nonappropriated portion of an appropriated
fund, an award may be paid from the benefiting fund or
account without appropriation.
(4) Awards may be paid to state employees for suggestions which generate new or additional money for the
general fund or any other funds of the state. The director of
financial management shall distribute moneys appropriated
for this purpose with the concurrence of the productivity
board. Transfers shall be made from other funds of the state
to the general fund, in amounts equal to award payments
made by the general fund, for suggestions generating new or
additional money for those other funds. [1999 c 50 § 5;
1989 c 56 § 1; 1987 c 387 § 3; 1985 c 114 § 2; 1982 c 167
§ 9.]
Effective date—1989 c 56: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 56 § 7.]
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.050 Appropriations for administrative costs.
The legislature shall appropriate from the department of
personnel service fund for the payment of administrative
costs of the productivity board. However, during the
1991-93 fiscal biennium, the administrative costs of the
productivity board shall be appropriated from the savings
recovery account. [1991 sp.s. c 16 § 918; 1987 c 387 § 4;
1985 c 114 § 3; 1983 c 54 § 3; 1982 c 167 § 11; 1975-’76
2nd ex.s. c 122 § 3; 1969 ex.s. c 152 § 6; 1965 ex.s. c 142
§ 5.]
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
Department of personnel service fund: RCW 41.06.280.
41.60.080 Employee suggestion program—Contests
to encourage participation. The board and agency heads
may design and initiate contests between agencies and
between agency suggestion evaluators to encourage participation in the suggestion program at management levels. Any
tokens of recognition offered during these contests shall be
nonmonetary and shall not be considered an award, or
subject to RCW 41.60.030. [1999 c 50 § 6; 1982 c 167 §
12; 1975-’76 2nd ex.s. c 122 § 5.]
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.100 Employee teamwork incentive program—
Applications. (1) With the exception of agencies of the
legislative and judicial branches, any organizational unit
composed of employees in any agency or group of agencies
of state government with the ability to identify costs,
revenues, or both may apply to the board to participate in the
(2002 Ed.)
41.60.041
teamwork incentive program as a team. The application
shall have the approval of the heads of the agency or
agencies within which the team is located.
(2) Applications shall be in the form specified by the
board and contain such information as the board requires.
This may include, but is not limited to, quantitative measures
which establish a data base of program output or performance expectations, or both. This data base is used to
evaluate savings in accordance with RCW 41.60.110. [1999
c 50 § 7; 1993 c 467 § 4; 1989 c 56 § 2; 1987 c 387 § 5;
1985 c 114 § 4; 1982 c 167 § 2.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.110 Employee teamwork incentive program—
Evaluation of savings. To qualify for a teamwork incentive
program award for its employees, a team must identify the
net savings, revenue, or both, accomplished during the
project period. The calculations of net savings, revenue, or
both, are not final until approved by the agency head, who
may modify the team’s calculations. The board may by rule
establish criteria to be used in calculating net savings, revenue, or both. [1999 c 50 § 8; 1993 c 467 § 5; 1989 c 56 §
3; 1987 c 387 § 6; 1985 c 114 § 5; 1982 c 167 § 3.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.120 Employee teamwork incentive program—
Awards. The agency head may recommend an award
amount to the board. The board shall make the final
determination as to whether an award will be made in
accordance with applicable rules governing the teamwork
incentive program. Awards will be based on the payment
award scale. Funds for the teamwork incentive award shall
be drawn from the agencies in which the unit is located or
from the benefiting fund or account without appropriation
when additional revenue is generated to the fund or account.
Awards may be paid to teams for process changes
which generate new or additional money for the general fund
or any other funds of the state. The director of the office of
financial management shall distribute moneys appropriated
for this purpose with the concurrence of the productivity
board. Transfers shall be made from other funds of the state
to the general fund in amounts equal to award payments
made by the general fund, for innovations generating new or
additional money for those other funds. [1999 c 50 § 9;
1993 c 467 § 6; 1989 c 56 § 4; 1987 c 387 § 7; 1985 c 114
§ 6; 1982 c 167 § 4.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.140 Incentive pay or awards not included in
retirement calculations. Incentive pay or awards provided
under this chapter shall not be included for the purpose of
[Title 41 RCW—page 301]
41.60.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
computing a retirement allowance under any public retirement system of this state. [1982 c 167 § 10.]
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.150 Recognition awards. Other than suggestion
awards and incentive pay unit awards, agencies shall have
the authority to recognize employees, either individually or
as a class, for accomplishments including outstanding
achievements, safety performance, longevity, outstanding
public service, or service as employee suggestion evaluators
and implementors. Recognition awards may not exceed two
hundred dollars in value per award. Such awards may
include, but not be limited to, cash or such items as pen and
desk sets, plaques, pins, framed certificates, clocks, and
calculators. Award costs shall be paid by the agency giving
the award. [2000 c 139 § 2; 1999 c 50 § 10; 1989 c 56 § 5;
1985 c 114 § 7.]
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
41.60.160 Persons ineligible for awards. No award
may be made under this chapter to any elected state official
or state agency director. [1993 c 467 § 7; 1987 c 387 § 8.]
Effective date—1993 c 467: See note following RCW 41.60.010.
41.60.910 Severability—1975-’76 2nd ex.s. c 122. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other
persons or circumstances is not affected. [1975-’76 2nd
ex.s. c 122 § 9.]
41.60.911 Effective dates—1987 c 387. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect July 1,
1987, except section 10 of this act which shall take effect
immediately. [1987 c 387 § 11.]
Chapter 41.64
PERSONNEL APPEALS BOARD
Sections
41.64.010
41.64.020
41.64.030
41.64.040
41.64.050
41.64.060
41.64.070
41.64.080
41.64.090
41.64.100
41.64.110
41.64.120
41.64.130
41.64.140
41.64.910
Personnel appeals board—Created—Membership—
Definitions.
Removal of members—Hearing.
Compensation of members—Travel expenses—Disclosure of
financial affairs.
Election of chairperson—Biennial meetings.
Executive secretary—Appointment of assistants.
Location of principal office—Hearings—Procedure.
Journal of official actions.
Employee appeals—Hearings examiners.
Employee appeals—Jurisdiction.
Employee appeals—Hearing—Decision to be rendered within ninety days, exceptions.
Employee appeals—Hearing—Procedure—Official record.
Employee appeals—Findings of fact, conclusions of law,
order—Notice to employee and employing agency.
Employee appeals—Review by superior court—Grounds—
Notice, service—Certified transcript.
Employee appeals—Review by superior court—Procedure—
Appellate review.
Severability—1981 c 311.
[Title 41 RCW—page 302]
41.64.010 Personnel appeals board—Created—
Membership—Definitions. (Effective until July 1, 2006.)
(1) There is hereby created a "personnel appeals board,"
hereinafter in this chapter referred to as the "board," which
shall consist of three members to be appointed by the
governor, subject to confirmation by the senate. The first
board shall be appointed within thirty days after May 19,
1981, for terms of two, four, and six years. Thereafter,
appointments shall be made for six-year terms. A vacancy
shall be filled by appointment by the governor for the
unexpired term in which the vacancy exists. Each member
shall continue to hold office after the expiration of the
member’s term until a successor has been appointed.
Members may be reappointed to the board for successive
terms. Persons appointed to the board shall be qualified by
experience and training in the field of administrative procedures and merit principles. Such members:
(a) May not hold any other employment with the state;
(b) May not during the terms to which they are appointed be or become candidates for public office, hold any other
public office or trust, engage in any occupation or business
which interferes, or is inconsistent, with their duties as
members of the board, serve on or under any committee of
any political party, and may not have been officers of a
political party for a period of one year immediately prior to
their appointment; and
(c) May not for a period of one year after the termination of their membership on the board, act in a representative
capacity before the board on any matter.
(2) Unless the context clearly indicates otherwise, the
following definitions apply to this chapter:
(a) "Agency" means any agency as defined in RCW
41.06.020;
(b) For appeals filed on or after July 1, 1981, under
RCW 41.64.090, "board" or "personnel appeals board"
means the personnel appeals board created by subsection (1)
of this section;
(c) For purposes of RCW 41.64.080 through 41.64.140
for appeals filed before July 1, 1981, under RCW 41.06.170,
as it existed prior to or after May 19, 1981, "board" or
"personnel appeals board" means the *state personnel board
created by RCW 41.06.110. [1981 c 311 § 1.]
*Reviser’s note: Powers, duties, and functions of the higher
education personnel board and the state personnel board were transferred to
the Washington personnel resources board by 1993 c 281 §§ 1 through 7.
41.64.020 Removal of members—Hearing. (Effective until July 1, 2006.) Any member of the board may be
removed for incapacity, incompetence, neglect of duty,
malfeasance, or misfeasance in office, upon specific written
charges filed by the governor, who shall transmit such
written charges to the member accused and to the chief
justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the
superior court to hear and adjudicate the charges. Such tribunal shall fix the time and the procedure for the hearing,
which shall be public. The decision of such tribunal shall be
final and not subject to review by the supreme court.
Removal of any member of the board by the tribunal disqualifies such member for reappointment. [1981 c 311 § 3.]
(2002 Ed.)
Personnel Appeals Board
41.64.030 Compensation of members—Travel
expenses—Disclosure of financial affairs. (Effective until
July 1, 2006.) (1) The board shall operate on either a parttime or a full-time basis, as determined by the governor. If
it is determined that the board shall operate on a full-time
basis, each member of the board shall receive an annual
salary to be determined by the governor pursuant to RCW
43.03.040. If it is determined that the board shall operate on
a part-time basis, each member of the board shall be
compensated in accordance with RCW 43.03.250. Each
board member shall receive reimbursement for travel
expenses incurred in the discharge of his or her duties in
accordance with RCW 43.03.050 and 43.03.060.
(2) Members of the board shall report their financial
affairs to the public disclosure commission pursuant to RCW
42.17.240 and 42.17.241. [1984 c 287 § 73; 1984 c 34 § 4;
1981 c 311 § 4.]
Reviser’s note: This section was amended by 1984 c 287 § 73,
effective July 1, 1985, and by 1984 c 34 § 4, each without reference to the
other. Both amendments are incorporated in the publication of this section
pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
41.64.040 Election of chairperson—Biennial meetings. (Effective until July 1, 2006.) The board shall, as
soon as practicable after the initial appointment of its
members, meet and elect from among its members a chairperson, and shall at least biennially thereafter meet and elect
such a chairperson. [1981 c 311 § 5.]
41.64.050 Executive secretary—Appointment of
assistants. (Effective until July 1, 2006.) The board may
appoint and discharge an executive secretary who shall be
exempt from the provisions of chapter 41.06 RCW. The
executive secretary may appoint and discharge such other
clerical, professional, and technical assistants as may be
necessary. The salary of the executive secretary shall be
fixed by the governor pursuant to RCW 43.03.040, as now
existing or hereafter amended. [1981 c 311 § 6.]
41.64.060 Location of principal office—Hearings—
Procedure. (Effective until July 1, 2006.) The principal
office of the board shall be at the state capital, but it may sit
or hold hearings at any other place in the state. A majority
of the board shall constitute a quorum for making orders or
decisions, promulgating rules necessary for the conduct of its
powers and duties, or transacting other official business, and
may act though one position on the board be vacant. One or
more members may hold hearings and take testimony to be
reported for action by the board when authorized by rule or
order of the board. The board shall perform all the powers
and duties specified in this chapter or as otherwise provided
by law. [1981 c 311 § 7.]
41.64.070 Journal of official actions. (Effective until
July 1, 2006.) The board shall maintain at its principal
office a journal which shall contain all official actions of the
board, with the exception of findings and decisions, together
with the vote of each member on such actions. The journal
(2002 Ed.)
41.64.030
shall be available for public inspection at the principal office
of the board at all reasonable times. [1981 c 311 § 8.]
41.64.080 Employee appeals—Hearings examiners.
(Effective until July 1, 2006.) The board may appoint one
or more hearings examiners to preside over, conduct, and
make recommended decisions, including findings of fact and
conclusions of law in all cases of employee appeals to the
board. The hearings examiner shall conduct hearings in the
same manner and shall have the same authority as provided
in hearings by the board. The recommended decisions shall
be forthwith served upon the parties and transmitted to the
board together with the record of the evidence. Within thirty
days of service of the recommended decision, any party
adversely affected may file exceptions, and thereafter all
parties may present written and oral argument to the board,
which shall consider the whole record or such portions
thereof as may be cited by the parties. [1981 c 311 § 9.]
41.64.090 Employee appeals—Jurisdiction. (Effective until July 1, 2006.) (1) The board shall have jurisdiction to decide appeals filed on or after July 1, 1981, of
employees under the jurisdiction of the Washington personnel resources board pursuant to RCW 41.06.170, as now or
hereafter amended.
(2) The board shall have jurisdiction to decide appeals
filed on or after July 1, 1993, of employees of institutions of
higher education and related boards under the jurisdiction of
the Washington personnel resources board pursuant to RCW
41.06.170. An appeal under this subsection by an employee
of an institution of higher education or a related board shall
be held in the county in which the institution is located or
the county in which the person was employed when the
appeal was filed. [1993 c 281 § 41; 1981 c 311 § 10.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.64.100 Employee appeals—Hearing—Decision to
be rendered within ninety days, exceptions. (Effective
until July 1, 2006.) (1) In all appeals over which the board
has jurisdiction involving reduction, dismissal, suspension, or
demotion, the board shall set the case for hearing, and the
final decision, including an appeal to the board from the
hearing examiner, if any, shall be rendered within ninety
days from the date the appeal was first received. An
extension may be permitted if agreed to by the employee and
the employing agency. The board shall furnish the agency
with a copy of the appeal in advance of the hearing.
(2) Notwithstanding subsection (1) of this section, in a
case involving misconduct that has placed a child at serious
risk of harm as a result of actions taken or not taken under
chapter 13.32A, 13.34, 13.40, 26.44, 74.13, 74.14A, 74.14B,
74.14C, or 74.15 RCW, the board shall hear the case before
all unscheduled cases. The board shall issue its order within
forty-five days of hearing the case unless there are extraordinary circumstances, in which case, an additional thirty days
may elapse until the case is decided.
(3) In all appeals made pursuant to RCW 41.06.170(4),
as now or hereafter amended, the decision of the board is
final and not appealable to court. [1997 c 386 § 43; 1981 c
311 § 11.]
[Title 41 RCW—page 303]
41.64.100
Title 41 RCW: Public Employment, Civil Service, and Pensions
Intent—1997 c 386 § 43: "It is the intent of the legislature, in
enacting the chapter 386, Laws of 1997 changes to RCW 41.64.100, to
provide a prompt and efficient method of expediting employee appeals
regarding alleged misconduct that may have placed children at serious risk
of harm. The legislature recognizes that children are at risk of harm in
cases of abuse or neglect and intends to provide a method of reducing such
risk as well as mitigating the potential liability to the state associated with
employee misconduct involving children. The legislature does not intend
to impair any existing rights of appeals held by employees, nor does it
intend to restrict consideration of any appropriate evidence or facts by the
personnel appeals board." [1997 c 386 § 42.]
Construction—1997 c 386 § 43: "Section 43 of this act shall not be
construed to alter an existing collective bargaining unit or the provisions of
any existing bargaining agreement in place on July 27, 1997, before the
expiration of such agreement." [1997 c 386 § 44.]
41.64.110 Employee appeals—Hearing—
Procedure—Official record. (Effective until July 1, 2006.)
Hearings on such appeals shall be open to the public, except
for cases in which the board determines there is substantial
reason for not having an open hearing or in cases where the
employee so requests, and shall be informal with technical
rules of evidence not applying to the proceedings except the
rules of privilege recognized by law. Both the employee and
his or her appointing agency shall be notified reasonably in
advance of the hearing and may select representatives of
their choosing, present and cross-examine witnesses, and
give evidence before the board. Members of the board or
the executive secretary may, and shall at the request of either
party, issue subpoenas and subpoenas duces tecum. All
testimony shall be on oath administered by a member of the
board. The board shall certify to the superior court the facts
of any refusals to obey a subpoena, take the oath, or testify.
The court shall summarily hear the evidence on such refusal
and, if the evidence warrants, punish such refusal in the
same manner and to the same extent as for contempt
committed before, or in connection with the proceedings of,
the court. The board shall prepare an official record of the
hearing, including all testimony, recorded manually or by
mechanical device, and exhibits; but it may not be required
to transcribe such record unless requested by the employee,
who shall be furnished with a complete transcript upon
payment of a reasonable charge. However, payment of the
cost of a transcript used on appeal shall await determination
of the appeal and shall be made by the employing agency if
the employee prevails. [1985 c 461 § 7; 1981 c 311 § 12.]
Severability—1985 c 461: See note following RCW 41.06.020.
41.64.120 Employee appeals—Findings of fact,
conclusions of law, order—Notice to employee and
employing agency. (Effective until July 1, 2006.) (1)
Within thirty days after the conclusion of the hearing, the
board shall make and fully record in its permanent records
the following: (a) Findings of fact; (b) conclusions of law
when the construction of a rule, regulation, or statute is in
question; (c) reasons for the action taken; and (d) the board’s
order based thereon. The order is final, subject to action by
the court on appeal as provided in this chapter.
(2) The board shall simultaneously send a copy of the
findings, conclusions, and order by certified mail to the
employing agency and to the employee or the employee’s
designated representative. [1981 c 311 § 13.]
[Title 41 RCW—page 304]
41.64.130 Employee appeals—Review by superior
court—Grounds—Notice, service—Certified transcript.
(Effective until July 1, 2006.) (1) Within thirty days after
the recording of the order and the mailing thereof, the employee may appeal the decision and order of the board on
appeals made pursuant to RCW 41.06.170(2), as now or
hereafter amended, to the superior court of Thurston county
on one or more of the grounds that the order was:
(a) Founded on or contained an error of law, which shall
specifically include error in construction or application of
any pertinent rules or regulations;
(b) Contrary to a preponderance of the evidence as
disclosed by the entire record with respect to any specified
finding or findings of fact;
(c) Materially affected by unlawful procedure;
(d) Based on violation of any constitutional provision;
or
(e) Arbitrary or capricious.
(2) Such grounds shall be stated in a written notice of
appeal filed with the court, with copies thereof served on a
member of the board or the executive secretary and on the
employing agency, all within the time stated.
(3) Within thirty days after service of such notice, or
within such further time as the court may allow, the board
shall transmit to the court a certified transcript, with exhibits,
of the hearing; but by stipulation between the employing
agency and the employee the transcript may be shortened,
and either party unreasonably refusing to stipulate to such
limitation may be ordered by the court to pay the additional
cost involved. The court may require or permit subsequent
corrections or additions to the transcript. [1981 c 311 § 14.]
41.64.140 Employee appeals—Review by superior
court—Procedure—Appellate review. (Effective until
July 1, 2006.) (1) The court shall review the hearing
without a jury on the basis of the transcript and exhibits,
except that in case of alleged irregularities in procedure
before the board not shown by the transcript the court may
order testimony to be given thereon. The court shall upon
request by either party hear oral argument and receive
written briefs.
(2) The court may affirm the order of the board, remand
the matter for further proceedings before the board, or
reverse or modify the order if it finds that the objection
thereto is well taken on any of the grounds stated. Appellate
review of the order of the superior court may be sought as
in other civil cases. [1988 c 202 § 42; 1981 c 311 § 15.]
Severability—1988 c 202: See note following RCW 2.24.050.
41.64.910 Severability—1981 c 311. (Effective until
July 1, 2006.) If any provision of this act or its application
to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons
or circumstances is not affected. [1981 c 311 § 24.]
(2002 Ed.)
Reparations to State Employees Terminated During World War Ii
Chapter 41.68
REPARATIONS TO STATE EMPLOYEES
TERMINATED DURING WORLD WAR II
Sections
41.68.010 Legislative finding.
41.68.020 Eligibility for reparation.
41.68.030 Submittal of claim.
41.68.040 Determination of eligibility.
41.68.050 Payment of reparation.
Redress authorized for municipal employees dismissed during World War
II: RCW 41.04.580.
41.68.010 Legislative finding. The dismissal or
termination of various state employees during World War II
resulted from the promulgation of federal Executive Order
9066 which was based mainly on fear and suspicion rather
than on factual justification. It is fair and just that reparations be made to those employees who were terminated from
state employment during the wartime years because of these
circumstances. The legislature therefore finds that equity
and fairness will be served by authorizing the filing of
claims with the state for salary losses suffered by the state
employees directly affected, and by authorizing the payment
thereof, subject to the provisions of this chapter. [1983 1st
ex.s. c 15 § 1.]
41.68.020 Eligibility for reparation. Any state
employee or the living surviving spouse of a state employee
who, due to the promulgation of federal Executive Order
9066, was dismissed, terminated from a temporary position,
or rejected during the person’s probationary period, or who
voluntarily resigned in lieu of dismissal from state government employment, and who incurred salary losses as a result
thereof, is eligible to file a claim with the state for the
reparation of those losses. [1983 1st ex.s. c 15 § 2.]
41.68.030 Submittal of claim. A claim under this
chapter may be submitted to the department of personnel for
the reparation of salary losses suffered during the years 1942
through 1947. The claim shall be supported by appropriate
verification, such as the person’s name at the time of the
dismissal, the name of the employing department, and a
social security number, or by evidence of official action of
termination. The claimant shall also provide an address to
which the department shall mail notification of its determination regarding the claimant’s eligibility. [1983 1st ex.s. c 15
§ 3.]
41.68.040 Determination of eligibility. (1) The
department of personnel shall determine the eligibility of a
claimant to receive reparations authorized by this chapter.
The department shall then notify the claimant by mail of its
determination regarding the claimant’s eligibility.
(2) The department may adopt rules that will assist in
the fair determination of eligibility and the processing of
claims. The department, however, has no obligation to
directly notify any person of possible eligibility for reparation of salary losses under this chapter. [1983 1st ex.s. c 15
§ 4.]
(2002 Ed.)
Chapter 41.68
41.68.050 Payment of reparation. A claimant under
this chapter who is determined eligible by the department of
personnel shall receive two thousand five hundred dollars
each year for two years. All claims which the department
determines are eligible for reparation shall be immediately
forwarded to the state treasurer, who shall issue warrants in
the appropriate amounts upon demand and verification of
identity. If a claimant dies after filing a claim but before
receiving full payment, payments shall be made to the
claimant’s estate upon demand and verification of identity.
[1983 1st ex.s. c 15 § 5.]
Chapter 41.72
LAW ENFORCEMENT MEDAL OF HONOR
Sections
41.72.010
41.72.020
41.72.030
41.72.040
41.72.050
Law enforcement medal of honor established.
Law enforcement medal of honor committee established—
Membership—Establishment of qualifications for award.
Law enforcement medal of honor awarded—When.
Law enforcement medal of honor may be awarded posthumously.
Law enforcement medal of honor—Design.
41.72.010 Law enforcement medal of honor established. There is established a decoration of the state law
enforcement medal of honor with accompanying ribbons and
appurtenances for award by the governor in the name of the
state to any law enforcement officer who has been seriously
injured or killed while in the performance of duty, or who
has been distinguished by exceptionally meritorious conduct,
upon nomination of the governor’s state law enforcement
medal of honor committee. [1994 c 89 § 1.]
41.72.020 Law enforcement medal of honor committee established—Membership—Establishment of
qualifications for award. There is created the state law
enforcement medal of honor committee for nominating
candidates for the award of the state law enforcement medal
of honor. The committee membership consists of a representative from the governor’s office, the Washington state
law enforcement association, the Washington state council of
police officers, the Washington association of sheriffs and
police chiefs, and the Washington state troopers association.
The attorney general shall serve as chair of the committee
and shall designate a secretary for the committee. The
committee shall meet not less than semiannually to consider
candidates for nomination. The committee shall adopt rules
establishing the qualifications for the state law enforcement
medal of honor, the protocol governing the decoration, and
the appurtenances necessary to the implementation of this
chapter. [1994 c 89 § 2.]
41.72.030 Law enforcement medal of honor awarded—When. The state law enforcement medal of honor shall
be awarded to recipients during the national law enforcement
recognition week. The governor may delegate the awarding
of the medal to the lieutenant governor or the attorney
general. [1994 c 89 § 3.]
[Title 41 RCW—page 305]
41.72.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.72.040 Law enforcement medal of honor may be
awarded posthumously. The state law enforcement medal
of honor may be awarded posthumously to be presented to
the representative of the deceased as may be deemed
appropriate by the governor or the designees specified in
RCW 41.72.030. [1994 c 89 § 4.]
41.72.050 Law enforcement medal of honor—
Design. The decoration of the state law enforcement medal
of honor shall be bronze and shall consist of a police shield
overlaid by a sheriff’s star with the seal of the state of
Washington in the center and the words "law enforcement
medal of honor" within the design and suspended from a
ring attached by either a navy blue ribbon with a gold edge
or a green ribbon with a gold edge. Such color choice shall
be the recipient’s. The reverse of the decoration shall be
inscribed with the words "For exceptionally honorable and
meritorious conduct in performing services as a law enforcement officer." [1994 c 89 § 5.]
Chapter 41.76
PUBLIC FOUR-YEAR INSTITUTIONS OF
HIGHER EDUCATION—FACULTY
LABOR RELATIONS
Sections
41.76.001
41.76.005
41.76.010
41.76.015
41.76.020
41.76.025
41.76.030
41.76.035
41.76.040
41.76.045
41.76.050
41.76.055
41.76.060
41.76.065
41.76.070
41.76.075
41.76.080
41.76.085
41.76.900
41.76.901
41.76.902
Findings—Declarations—Intent.
Definitions.
Scope of bargaining.
Exclusive bargaining representatives—Duty of representation.
Exclusive bargaining representatives—Procedures for certification—Challenges—Elections.
Bargaining unit determination—Hearings.
Settlement of unresolved matters—Role of commission—
Mediation—Other procedures authorized.
Provisions relating to compensation—Restrictions.
Procedures for grievance arbitration—Subpoenas—
Commission—Superior courts.
Exclusive bargaining representative—Union security provisions—Dues and fees.
Unfair labor practices.
Commission to prevent unfair labor practices—Scope—
Remedies.
Rule making.
Strikes and lockouts prohibited—Violations—Remedies.
Certain contracts or agreements—Chapter 34.05 RCW does
not apply.
Retroactive accrual of benefits and salaries.
Existing agreements not affected.
Limitations on application of chapter.
Severability—2002 c 356.
Captions not law—2002 c 356.
Effective date—2002 c 356.
41.76.001 Findings—Declarations—Intent. (Effective October 1, 2002.) The legislature finds and declares
that:
(1) The people of the state of Washington have a
fundamental interest in developing harmonious and cooperative labor relations within the public four-year institutions of
higher education.
(2) Teachers in the public school system and instructors
in the community colleges in the state have been granted the
opportunity to bargain collectively. It is desirable to expand
the jurisdiction of the public employment relations commis[Title 41 RCW—page 306]
sion to cover faculty in the state’s public four-year institutions of higher education.
(3) It is the purpose of this chapter to provide the means
by which relations between the boards of regents and
trustees of the public four-year institutions of higher education of the state of Washington and their faculty may assure
that the responsibilities and authorities granted to these
institutions are carried out in an atmosphere that permits the
fullest participation by faculty in determining the conditions
of employment which affect them. It is the intent of the
legislature to accomplish this purpose by providing a
uniform structure for recognizing the right of faculty of the
public four-year institutions of higher education to engage in
collective bargaining as provided in this chapter, if they
should so choose.
(4) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for collective bargaining and dispute resolution, and to define and prohibit certain
practices that are contrary to the public interest. [2002 c 356
§ 1.]
41.76.005 Definitions. (Effective October 1, 2002.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Faculty governance system" means the internal
organization that serves as the faculty advisory body and is
charged with the responsibility for recommending policies,
regulations, and rules for the college or university.
(2) "Grievance arbitration" means a method to resolve
disputes arising out of interpretations or application of the
terms of an agreement under which the parties to a controversy must accept the decision of an impartial person or
persons.
(3) "Collective bargaining" and "bargaining" mean the
performance of the mutual obligation of the representatives
of the employer and the exclusive bargaining representative
to meet at reasonable times to bargain in good faith in an
effort to reach agreement with respect to wages, hours, and
other terms and conditions of employment. A written
contract incorporating any agreements reached must be
executed if requested by either party. The obligation to
bargain does not compel either party to agree to a proposal
or to make a concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which items are mandatory subjects for bargaining,
subject to RCW 41.76.010.
(4) "Commission" means the public employment
relations commission established pursuant to RCW
41.58.010.
(5) "Faculty" means employees who, at a public fouryear institution of higher education, are designated with
faculty status or who perform faculty duties as defined
through policies established by the faculty governance
system, excluding casual or temporary employees, administrators, confidential employees, graduate student employees,
postdoctoral and clinical employees, and employees subject
to chapter 41.06 or 41.56 RCW.
(6) "Employee organization" means any organization
that includes as its members faculty of the employer and that
(2002 Ed.)
Public Four-Year Institutions of Higher Education—Faculty Labor Relations
has as one of its purposes representation of faculty under this
chapter. A faculty governance system is not an employee
organization as defined in this subsection.
(7) "Employer" means the board of regents or the board
of trustees of a public four-year institution of higher education.
(8) "Exclusive bargaining representative" means any
employee organization that has been determined by the
commission to represent all of the faculty members of the
bargaining unit as required in RCW 41.76.015.
(9) "Administrator" means deans, associate and assistant
deans, vice-provosts, vice-presidents, the provost, chancellors, vice-chancellors, the president, and faculty members
who exercise managerial or supervisory authority over other
faculty members.
(10) "Confidential employee" means (a) a person who
participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct
of collective bargaining, or the administration of a collective
bargaining agreement, if the role of the person is not merely
routine or clerical in nature but calls for the consistent exercise of independent judgment; and (b) a person who assists
and acts in a confidential capacity to a person in (a) of this
subsection.
(11) "Bargaining unit" includes all faculty members of
all campuses of each of the colleges and universities. Only
one bargaining unit is allowable for faculty of each employer, and that unit must contain all faculty members from all
schools, colleges, and campuses of the employer.
(12) "Public four-year institutions of higher education"
means the University of Washington, Washington State
University, Eastern Washington University, Western Washington University, Central Washington University, and The
Evergreen State College. [2002 c 356 § 3.]
41.76.010 Scope of bargaining. (Effective October
1, 2002.) (1) Prohibited subjects of bargaining include but
are not limited to the following:
(a) Consideration of the merits, necessity, or organization of any service, activity, or program established by law
or resolution of the employer, except for the terms and
conditions of employment of faculty members who may be
affected by such service, activity, or program.
(b) The amount of any fees that are not a term or
condition of employment.
(c) Admission requirements for students, conditions for
the award of certificates and degrees, and the content,
methods, supervision, and evaluation of courses, curricula,
and research programs.
(2) Permissive subjects of bargaining include, but are
not limited to, criteria and standards to be used for the
appointment, promotion, evaluation, and tenure of faculty.
(3) Nothing in this section shall be construed to limit
the right of the employer to consult with any employee on
any matter outside the scope of bargaining. [2002 c 356 §
4.]
41.76.015 Exclusive bargaining representatives—
Duty of representation. (Effective October 1, 2002.) The
employee organization which has been determined by the
commission to be the exclusive bargaining representative of
(2002 Ed.)
41.76.005
a bargaining unit shall be required to represent all the faculty
members within the bargaining unit without regard to
membership in that employee organization: PROVIDED,
That any faculty member may at any time present his or her
complaints or concerns to the employer and have such complaints or concerns adjusted without intervention of the
exclusive bargaining representative, as long as the exclusive
bargaining representative has been given an opportunity to
be present at the adjustment and to make its views known,
and as long as the adjustment is not inconsistent with the
terms of a collective bargaining agreement then in effect.
[2002 c 356 § 6.]
41.76.020 Exclusive bargaining representatives—
Procedures for certification—Challenges—Elections.
(Effective October 1, 2002.) The commission shall certify
exclusive bargaining representatives in accordance with the
procedures specified in this section.
(1) No question concerning representation may be raised
within one year following issuance of a certification under
this section.
(2) If there is a valid collective bargaining agreement in
effect, no question concerning representation may be raised
except during the period not more than ninety nor less than
sixty days prior to the expiration date of the agreement:
PROVIDED, That in the event a valid collective bargaining
agreement, together with any renewals or extensions thereof,
has been or will be in existence for more than three years,
then a question concerning representation may be raised not
more than ninety nor less than sixty days prior to the third
anniversary date or any subsequent anniversary date of the
agreement; and if the exclusive bargaining representative is
removed as the result of such procedure, the collective
bargaining agreement shall be deemed to be terminated as of
the date of the certification or the anniversary date following
the filing of the petition, whichever is later.
(3) An employee organization seeking certification as
exclusive bargaining representative of a bargaining unit, or
faculty members seeking decertification of their exclusive
bargaining representative, must make a confidential showing
to the commission of credible evidence demonstrating that at
least thirty percent of the faculty in the bargaining unit are
in support of the petition. The petition must indicate the
name, address, and telephone number of any employee
organization known to claim an interest in the bargaining
unit.
(4) A petition filed by an employer must be supported
by credible evidence demonstrating the good faith basis on
which the employer claims the existence of a question
concerning the representation of its faculty.
(5) Any employee organization which makes a confidential showing to the commission of credible evidence demonstrating that it has the support of at least ten percent of the
faculty in the bargaining unit involved is entitled to intervene
in proceedings under this section and to have its name listed
as a choice on the ballot in an election conducted by the
commission.
(6) The commission shall determine any question
concerning representation by conducting a secret ballot
election among the faculty members in the bargaining unit,
except under the following circumstances:
[Title 41 RCW—page 307]
41.76.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) If only one employee organization is seeking
certification as exclusive bargaining representative of a
bargaining unit for which there is no incumbent exclusive
bargaining representative, the commission may, upon the
concurrence of the employer and the employee organization,
determine the question concerning representation by conducting a cross-check comparing the employee organization’s
membership records or bargaining authorization cards against
the employment records of the employer; or
(b) If the commission determines that a serious unfair
labor practice has been committed which interfered with the
election process and precludes the holding of a fair election,
the commission may determine the question concerning
representation by conducting a cross-check comparing the
employee organization’s membership records or bargaining
authorization cards against the employment records of the
employer.
(7) The representation election ballot must contain a
choice for each employee organization qualifying under
subsection (3) or (5) of this section, together with a choice
for no representation. The representation election shall be
determined by the majority of the valid ballots cast. If there
are three or more choices on the ballot and none of the three
or more choices receives a majority of the valid ballots cast,
a runoff election shall be conducted between the two choices
receiving the highest and second highest numbers of votes.
(8) The commission shall certify as the exclusive
bargaining representative the employee organization that has
been determined to represent a majority of faculty members
in a bargaining unit. [2002 c 356 § 7.]
41.76.025 Bargaining unit determination—Hearings.
(Effective October 1, 2002.) In any dispute concerning
membership in the bargaining unit or the allocation of
employees or positions to a bargaining unit, the commission,
after a hearing or hearings, shall determine the dispute.
[2002 c 356 § 8.]
41.76.030 Settlement of unresolved matters—Role
of commission—Mediation—Other procedures authorized. (Effective October 1, 2002.) (1) The commission
shall conduct mediation activities upon the request of either
party as a means of assisting in the settlement of unresolved
matters considered under this chapter.
(2) If any matter being jointly considered by the
exclusive bargaining representative and the board of regents
or trustees is not settled by the means provided in this
chapter, either party may request the assistance and advice
of the commission. Nothing in this section prohibits an
employer and an employee organization from agreeing to
substitute, at their own expense, some other impasse procedure or other means of resolving matters considered under
this chapter. [2002 c 356 § 9.]
41.76.035 Provisions relating to compensation—
Restrictions. (Effective October 1, 2002.) (1) Except as
provided in subsection (2) of this section, provisions of
collective bargaining agreements relating to compensation
shall not exceed the amount or percentage established by the
legislature in the appropriations act. If any compensation
provision is affected by subsequent modification of the
[Title 41 RCW—page 308]
appropriations act by the legislature, both parties shall
immediately enter into collective bargaining for the sole
purpose of arriving at a mutually agreed upon replacement
for the affected provision.
(2) An employer may provide additional compensation
to faculty that exceeds that provided by the legislature.
[2002 c 356 § 10.]
41.76.040 Procedures for grievance arbitration—
Subpoenas—Commission—Superior courts. (Effective
October 1, 2002.) A collective bargaining agreement negotiated under this chapter may include procedures for final
and binding grievance arbitration of the disputes arising
about the interpretation or application of the agreement.
(1) The parties to a collective bargaining agreement may
agree on one or more permanent umpires to serve as
arbitrator, or may agree on any impartial person to serve as
arbitrator, or may agree to select arbitrators from any source
available to them, including federal and private agencies, in
addition to the staff and dispute resolution panel maintained
by the commission.
(2) An arbitrator may require any person to attend as a
witness, and to bring with him or her any book, record,
document, or other evidence. Subpoenas shall issue and be
signed by the arbitrator and shall be served in the same
manner as subpoenas to testify before a court of record in
this state. The fees for such attendance shall be paid by the
party requesting issuance of the subpoena and shall be the
same as the fees of witnesses in the superior court. If any
person so summoned to testify refuses or neglects to obey
such subpoena, upon petition authorized by the arbitrator, the
superior court may compel the attendance of such person
before the arbitrator, or punish the person for contempt in
the same manner provided for the attendance of witnesses or
the punishment of them in the courts of this state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on
application of either party and for good cause, may postpone
the hearing to a time not extending beyond a date fixed by
the collective bargaining agreement for making the award.
The arbitrator has the power to administer oaths. The
arbitration award shall be in writing and signed by the
arbitrator or a majority of the members of the arbitration
panel. The arbitrator shall, promptly upon its rendition,
serve a true copy of the award on each of the parties or their
attorneys.
(4) If a party to a collective bargaining agreement
negotiated under this chapter refuses to submit a grievance
for arbitration, the other party to the collective bargaining
agreement may invoke the jurisdiction of the superior court
for any county in which the labor dispute exists, and such
court has jurisdiction to issue an order compelling arbitration. The commission, on its own motion, may invoke the
jurisdiction of the superior court where a strike or lockout is
in existence. Arbitration shall be ordered if the grievance
states a claim which on its face is covered by the collective
bargaining agreement, and doubts as to the coverage of the
arbitration clause shall be resolved in favor of arbitration.
Disputes concerning compliance with grievance procedures
shall be reserved for determination by the arbitrator.
(2002 Ed.)
Public Four-Year Institutions of Higher Education—Faculty Labor Relations
(5) If a party to a collective bargaining agreement
negotiated under this chapter refuses to comply with the
award of an arbitrator determining a grievance arising under
such collective bargaining agreement, the other party to the
collective bargaining agreement, or any affected employee,
may invoke the jurisdiction of the superior court for any
county in which the labor dispute exists, and such court has
jurisdiction to issue an order enforcing the arbitration award.
The commission, on its own motion, may invoke the
jurisdiction of the superior court where a strike or lockout is
in existence. The court shall not substitute its judgment for
that of the arbitrator and shall enforce any arbitration award
which is based on the collective bargaining agreement,
except that an arbitration award shall not be enforced and a
new arbitration proceeding may be ordered:
(a) If the arbitration award was procured by corruption,
fraud, or undue means;
(b) If there was evident partiality or corruption in the
arbitrator or arbitrators;
(c) If the arbitrator or arbitrators were guilty of misconduct, in refusing to postpone a hearing upon sufficient cause
shown, or in refusing to hear evidence pertinent and material
to the controversy, or of any other misbehavior by which the
rights of any party have been prejudiced; or
(d) If the arbitrator or arbitrators have exceeded their
powers, or so imperfectly executed them that a final and
definite award on the subject matter was not made, in which
event the court also has discretion to remand the matter to
the arbitrator or arbitrators who issued the defective award.
[2002 c 356 § 11.]
41.76.045 Exclusive bargaining representative—
Union security provisions—Dues and fees. (Effective
October 1, 2002.) (1) Upon filing with the employer the
voluntary written authorization of a bargaining unit faculty
member under this chapter, the employee organization which
is the exclusive bargaining representative of the bargaining
unit shall have the right to have deducted from the salary of
the bargaining unit faculty member the periodic dues and
initiation fees uniformly required as a condition of acquiring
or retaining membership in the exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one year. Such dues and
fees shall be deducted from the pay of all faculty members
who have given authorization for such deduction, and shall
be transmitted by the employer to the employee organization
or to the depository designated by the employee organization.
(2) A collective bargaining agreement may include
union security provisions, but not a closed shop. If an
agency shop or other union security provision is agreed to,
the employer shall enforce any such provision by deductions
from the salary of bargaining unit faculty members affected
thereby and shall transmit such funds to the employee
organization or to the depository designated by the employee
organization.
(3) A faculty member who is covered by a union
security provision and who asserts a right of nonassociation
based on bona fide religious tenets or teachings of a church
or religious body of which such faculty member is a member
shall pay to a nonreligious charity or other charitable
(2002 Ed.)
41.76.040
organization an amount of money equivalent to the periodic
dues and initiation fees uniformly required as a condition of
acquiring or retaining membership in the exclusive bargaining representative. The charity shall be agreed upon by the
faculty member and the employee organization to which
such faculty member would otherwise pay the dues and fees.
The faculty member shall furnish written proof that such
payments have been made. If the faculty member and the
employee organization do not reach agreement on such
matter, the dispute shall be submitted to the commission for
determination. [2002 c 356 § 12.]
41.76.050 Unfair labor practices. (Effective October
1, 2002.) (1) It is an unfair labor practice for an employer
to:
(a) Interfere with, restrain, or coerce faculty members in
the exercise of the rights guaranteed by this chapter;
(b) Dominate or interfere with the formation or administration of any employee organization or contribute financial
or other support to it: PROVIDED, That subject to rules
adopted by the commission, an employer is not prohibited
from permitting faculty members to confer with it or its
representatives or agents during working hours without loss
of time or pay;
(c) Encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of
employment, or any term or condition of employment;
(d) Discharge or discriminate otherwise against a faculty
member because that faculty member has filed charges or
given testimony under this chapter;
(e) Refuse to bargain collectively with the exclusive
bargaining representative of its faculty.
(2) It is an unfair labor practice for an employee
organization to:
(a) Restrain or coerce a faculty member in the exercise
of the rights guaranteed by this chapter: PROVIDED, That
this subsection does not impair the rights of (i) an employee
organization to prescribe its own rules with respect to the
acquisition or retention of membership in the employee
organization or (ii) to the rights of an employer in the
selection of its representatives for the purpose of bargaining
or the adjustment of grievances;
(b) Cause or attempt to cause an employer to discriminate against a faculty member in violation of subsection
(1)(c) of this section;
(c) Discriminate against a faculty member because that
faculty member has filed charges or given testimony under
this chapter;
(d) Refuse to bargain collectively with an employer.
(3) The expressing of any view, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be
evidence of an unfair labor practice under this chapter, if
such expression contains no threat of reprisal or force or
promise of benefit. [2002 c 356 § 13.]
41.76.055 Commission to prevent unfair labor
practices—Scope—Remedies. (Effective October 1, 2002.)
(1) The commission is empowered to prevent any person
from engaging in any unfair labor practice as defined in
RCW 41.76.050: PROVIDED, That a complaint shall not be
[Title 41 RCW—page 309]
41.76.055
Title 41 RCW: Public Employment, Civil Service, and Pensions
processed for any unfair labor practice occurring more than
six months before the filing of the complaint with the
commission. This power shall not be affected by any other
means of adjustment or prevention that has been or may be
established by agreement, law, equity or otherwise.
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor practice
as defined in RCW 41.76.050, then the commission shall
issue and cause to be served upon such person an order
requiring such person to cease and desist from such unfair
labor practice, and to take such affirmative action as will
effectuate the purposes and policy of this chapter, such as
the payment of damages and/or the reinstatement of faculty
members.
(3) The commission may petition the superior court for
the county in which the main office of the employer is
located or wherein the person who has engaged or is engaging in such unfair labor practice resides or transacts business,
for the enforcement of its order and for appropriate temporary relief. [2002 c 356 § 14.]
41.76.060 Rule making. (Effective October 1, 2002.)
The commission is authorized from time to time to make,
amend, and rescind, in the manner prescribed by the administrative procedure act, chapter 34.05 RCW, such rules and
regulations as may be necessary to carry out the provisions
of this chapter. [2002 c 356 § 15.]
41.76.065 Strikes and lockouts prohibited—
Violations—Remedies. (Effective October 1, 2002.) The
right of faculty to engage in any strike is prohibited. The
right of a board of regents or trustees to engage in any
lockout is prohibited. Should either a strike or lockout
occur, the representative of the faculty or board of regents or
trustees may invoke the jurisdiction of the superior court in
the county in which the labor dispute exists, and such court
has jurisdiction to issue an appropriate order against either
or both parties. In fashioning an order, the court shall take
into consideration not only the elements necessary for
injunctive relief but also the purpose and goals of this chapter and any mitigating factors such as the commission of an
unfair labor practice by either party. [2002 c 356 § 16.]
41.76.070 Certain contracts or agreements—
Chapter 34.05 RCW does not apply. (Effective October
1, 2002.) Contracts or agreements, or any provision thereof,
entered into between boards of regents or trustees and
exclusive bargaining representatives pursuant to this chapter
are not affected by or subject to chapter 34.05 RCW. [2002
c 356 § 17.]
41.76.075 Retroactive accrual of benefits and
salaries. (Effective October 1, 2002.) Whenever a collective bargaining agreement between an employer and an
exclusive bargaining representative is concluded after the
termination date of the previous collective bargaining
agreement between the same parties, the effective date of the
collective bargaining agreement may be the day after the
termination date of the previous collective bargaining
agreement, and all benefits included in the new collective
bargaining agreement, including wage or salary increases,
[Title 41 RCW—page 310]
may accrue beginning with the effective date as established
by this section. [2002 c 356 § 19.]
41.76.080 Existing agreements not affected.
(Effective October 1, 2002.) Nothing in this chapter shall be
construed to annul, modify, or preclude the renewal or
continuation of any lawful agreement entered into before
October 1, 2002, between an employer and an employee
organization covering wages, hours, and terms and conditions of employment. [2002 c 356 § 20.]
41.76.085 Limitations on application of chapter.
(Effective October 1, 2002.) Except as otherwise expressly
provided in this chapter, this chapter shall not be construed
to deny or otherwise abridge any rights, privileges, or
benefits granted by law to employees. This chapter shall not
be construed to interfere with the responsibilities and rights
of the board of regents or board of trustees as specified by
federal and state law. [2002 c 356 § 21.]
41.76.900 Severability—2002 c 356. (Effective
October 1, 2002.) If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to
other persons or circumstances is not affected. [2002 c 356
§ 18.]
41.76.901 Captions not law—2002 c 356. (Effective
October 1, 2002.) Section captions used in this act are not
any part of the law. [2002 c 356 § 22.]
41.76.902 Effective date—2002 c 356. This act takes
effect October 1, 2002. [2002 c 356 § 23.]
Chapter 41.80
STATE COLLECTIVE BARGAINING
Sections
41.80.001
41.80.005
41.80.010
41.80.020
41.80.030
41.80.040
41.80.050
41.80.060
41.80.070
41.80.080
41.80.090
41.80.100
41.80.110
41.80.120
41.80.130
41.80.140
41.80.900
41.80.901
41.80.902
41.80.903
Application of chapter.
Definitions.
Negotiation and ratification of collective bargaining agreements.
Scope of bargaining.
Contents of collective bargaining agreements—Execution.
Management rights—Not subject to bargaining.
Rights of employees.
Right to strike not granted.
Bargaining units—Certification.
Representation—Elections—Rules.
Failure to reach agreement—Third party involvement—
Expiration of agreements during negotiation.
Union security—Fees and dues—Right of nonassociation.
Unfair labor practices enumerated.
Unfair labor practice procedures—Powers and duties of
commission.
Enforcement of collective bargaining agreements—
Arbitrators—Subpoenas—Superior court.
Office of financial management’s labor relations service
account—Created.
Powers, duties, and functions pertaining to collective bargaining—Transferred to public employment relations
commission—Exceptions.
Transfer of assets—Appropriations.
Schedule for transfer of employees and property.
Pending business to be continued and acted upon.
(2002 Ed.)
State Collective Bargaining
41.80.904
41.80.905
41.80.906
41.80.907
41.80.908
41.80.909
41.80.910
Validity of actions not affected.
Apportionment of funds.
Payroll-related bargaining issues—Central state payroll
system.
Short title—2002 c 354.
Headings, captions not law—2002 c 354.
Severability—2002 c 354.
Effective dates—2002 c 354.
41.80.001 Application of chapter. (Effective July 1,
2004.) Collective bargaining negotiations under this chapter
shall commence no later than July 1, 2004. A collective
bargaining agreement entered into under this chapter shall
not be effective prior to July 1, 2005. However, any collective bargaining agreement entered into before July 1, 2004,
covering employees affected by this section and RCW
41.80.010 through 41.80.130, that expires after July 1, 2004,
shall, unless a superseding agreement complying with this
section and RCW 41.80.010 through 41.80.130 is negotiated
by the parties, remain in full force during its duration, but
the agreement may not be renewed or extended beyond July
1, 2005, or until superseded by a collective bargaining
agreement entered into under this section and RCW
41.80.010 through 41.80.130, whichever is later. The
duration of any collective bargaining agreement under this
chapter shall not exceed one fiscal biennium. [2002 c 354
§ 301.]
41.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any agency as defined in RCW
41.06.020 and covered by chapter 41.06 RCW.
(2) "Collective bargaining" means the performance of
the mutual obligation of the representatives of the employer
and the exclusive bargaining representative to meet at
reasonable times and to bargain in good faith in an effort to
reach agreement with respect to the subjects of bargaining
specified under RCW 41.80.020. The obligation to bargain
does not compel either party to agree to a proposal or to
make a concession, except as otherwise provided in this
chapter.
(3) "Commission" means the public employment
relations commission.
(4) "Confidential employee" means an employee who,
in the regular course of his or her duties, assists in a
confidential capacity persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer’s collective bargaining policies, or
who assists or aids a manager. "Confidential employee" also
includes employees who assist assistant attorneys general
who advise and represent managers or confidential employees in personnel or labor relations matters, or who advise or
represent the state in tort actions.
(5) "Director" means the director of the public employment relations commission.
(6) "Employee" means any employee, including employees whose work has ceased in connection with the pursuit of
lawful activities protected by this chapter, covered by chapter
41.06 RCW, except:
(2002 Ed.)
Chapter 41.80
(a) Employees covered for collective bargaining by
chapter 41.56 RCW;
(b) Confidential employees;
(c) Members of the Washington management service;
(d) Internal auditors in any agency; or
(e) Any employee of the commission, the office of
financial management, or the department of personnel.
(7) "Employee organization" means any organization,
union, or association in which employees participate and that
exists for the purpose, in whole or in part, of collective
bargaining with employers.
(8) "Employer" means the state of Washington.
(9) "Exclusive bargaining representative" means any
employee organization that has been certified under this
chapter as the representative of the employees in an appropriate bargaining unit.
(10) "Institutions of higher education" means the
University of Washington, Washington State University,
Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State
College, and the various state community colleges.
(11) "Labor dispute" means any controversy concerning
terms, tenure, or conditions of employment, or concerning
the association or representation of persons in negotiating,
fixing, maintaining, changing, or seeking to arrange terms or
conditions of employment with respect to the subjects of
bargaining provided in this chapter, regardless of whether the
disputants stand in the proximate relation of employer and
employee.
(12) "Manager" means "manager" as defined in RCW
41.06.022.
(13) "Supervisor" means an employee who has authority, in the interest of the employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, direct, reward, or discipline employees, or to adjust employee grievances, or
effectively to recommend such action, if the exercise of the
authority is not of a merely routine nature but requires the
consistent exercise of individual judgment. However, no
employee who is a member of the Washington management
service may be included in a collective bargaining unit
established under this section.
(14) "Unfair labor practice" means any unfair labor
practice listed in RCW 41.80.110. [2002 c 354 § 321.]
41.80.010 Negotiation and ratification of collective
bargaining agreements. (Effective July 1, 2004.) (1) For
the purpose of negotiating collective bargaining agreements
under this chapter, the employer shall be represented by the
governor or governor’s designee, except as provided for
institutions of higher education in subsection (4) of this
section.
(2)(a) If an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining
representative shall negotiate with each employer representative as designated in subsection (1) of this section one
master collective bargaining agreement on behalf of all the
employees in bargaining units that the exclusive bargaining
representative represents. For those exclusive bargaining
representatives who represent fewer than a total of five
hundred employees each, negotiation shall be by a coalition
of all those exclusive bargaining representatives. The
[Title 41 RCW—page 311]
41.80.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
coalition shall bargain for a master collective bargaining
agreement covering all of the employees represented by the
coalition. The governor’s designee and the exclusive
bargaining representative or representatives are authorized to
enter into supplemental bargaining of agency-specific issues
for inclusion in or as an addendum to the master collective
bargaining agreement, subject to the parties’ agreement
regarding the issues and procedures for supplemental
bargaining. This section does not prohibit cooperation and
coordination of bargaining between two or more exclusive
bargaining representatives.
(b) This subsection (2) does not apply to exclusive
bargaining representatives who represent employees of
institutions of higher education, except when the institution
of higher education has elected to exercise its option under
subsection (4) of this section to have its negotiations
conducted by the governor or governor’s designee under the
procedures provided for general government agencies in
subsections (1) through (3) of this section.
(c) If five hundred or more employees of an independent state elected official listed in RCW 43.01.010 are
organized in a bargaining unit or bargaining units under
RCW 41.80.070, the official shall be consulted by the
governor or the governor’s designee before any agreement is
reached under (a) of this subsection concerning supplemental
bargaining of agency specific issues affecting the employees
in such bargaining unit.
(3) The governor shall submit a request for funds
necessary to implement the compensation and fringe benefit
provisions in the master collective bargaining agreement or
for legislation necessary to implement the agreement. Requests for funds necessary to implement the provisions of
bargaining agreements shall not be submitted to the legislature by the governor unless such requests:
(a) Have been submitted to the director of the office of
financial management by October 1 prior to the legislative
session at which the requests are to be considered; and
(b) Have been certified by the director of the office of
financial management as being feasible financially for the
state.
The legislature shall approve or reject the submission of
the request for funds as a whole. The legislature shall not
consider a request for funds to implement a collective
bargaining agreement unless the request is transmitted to the
legislature as part of the governor’s budget document
submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either
party may reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the
procedures provided for in RCW 41.80.090.
(4) For the purpose of negotiating agreements for
institutions of higher education, the employer shall be the
respective governing board of each of the universities,
colleges, or community and technical colleges or a designee
chosen by the board to negotiate on its behalf. A governing
board may elect to have its negotiations conducted by the
governor or governor’s designee under the procedures
provided for general government agencies in subsections (1),
(2), and (3) of this section. Prior to entering into negotiations under this chapter, the institutions of higher education
or their designees shall consult with the director of the office
of financial management regarding financial and budgetary
[Title 41 RCW—page 312]
issues that are likely to arise in the impending negotiations.
If appropriations are necessary to implement the compensation and fringe benefit provisions of the bargaining agreements reached between institutions of higher education and
exclusive bargaining representatives agreed to under the
provisions of this chapter, the governor shall submit a
request for such funds to the legislature according to the
provisions of subsection (3) of this section.
(5) There is hereby created a joint committee on
employment relations, which consists of two members with
leadership positions in the house of representatives, representing each of the two largest caucuses; the chair and
ranking minority member of the house appropriations
committee, or its successor, representing each of the two
largest caucuses; two members with leadership positions in
the senate, representing each of the two largest caucuses; and
the chair and ranking minority member of the senate ways
and means committee, or its successor, representing each of
the two largest caucuses. The governor shall periodically
consult with the committee regarding appropriations necessary to implement the compensation and fringe benefit
provisions in the master collective bargaining agreements,
and upon completion of negotiations, advise the committee
on the elements of the agreements and on any legislation
necessary to implement the agreements.
(6) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a
significant revenue shortfall occurs resulting in reduced
appropriations, as declared by proclamation of the governor
or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed
upon modification of the agreement.
(7) After the expiration date of a collective bargaining
agreement negotiated under this chapter, all of the terms and
conditions specified in the collective bargaining agreement
remain in effect until the effective date of a subsequently
negotiated agreement, not to exceed one year from the
expiration date stated in the agreement. Thereafter, the
employer may unilaterally implement according to law.
[2002 c 354 § 302.]
41.80.020 Scope of bargaining. (Effective July 1,
2004.) (1) Except as otherwise provided in this chapter, the
matters subject to bargaining include wages, hours, and other
terms and conditions of employment, and the negotiation of
any question arising under a collective bargaining agreement.
(2) The employer is not required to bargain over matters
pertaining to:
(a) Health care benefits or other employee insurance
benefits, except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(c) Rules of the director of personnel or the Washington
personnel resources board adopted under section 203, chapter
354, Laws of 2002.
(3) Matters subject to bargaining include the number of
names to be certified for vacancies, promotional preferences,
and the dollar amount expended on behalf of each employee
for health care benefits. However, except as provided otherwise in this subsection for institutions of higher education,
negotiations regarding the number of names to be certified
for vacancies, promotional preferences, and the dollar
(2002 Ed.)
State Collective Bargaining
amount expended on behalf of each employee for health care
benefits shall be conducted between the employer and one
coalition of all the exclusive bargaining representatives
subject to this chapter. Any such provision agreed to by the
employer and the coalition shall be included in all master
collective bargaining agreements negotiated by the parties.
For institutions of higher education, promotional preferences
and the number of names to be certified for vacancies shall
be bargained under the provisions of RCW 41.80.010(4).
(4) The employer and the exclusive bargaining representative shall not agree to any proposal that would prevent the
implementation of approved affirmative action plans or that
would be inconsistent with the comparable worth agreement
that provided the basis for the salary changes implemented
beginning with the 1983-1985 biennium to achieve comparable worth.
(5) The employer and the exclusive bargaining representative shall not bargain over matters pertaining to management rights established in RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a
conflict exists between an executive order, administrative
rule, or agency policy relating to wages, hours, and terms
and conditions of employment and a collective bargaining
agreement negotiated under this chapter, the collective
bargaining agreement shall prevail. A provision of a
collective bargaining agreement that conflicts with the terms
of a statute is invalid and unenforceable.
(7) This section does not prohibit bargaining that affects
contracts authorized by RCW 41.06.142. [2002 c 354 §
303.]
41.80.030 Contents of collective bargaining agreements—Execution. (Effective July 1, 2004.) (1) The
parties to a collective bargaining agreement shall reduce the
agreement to writing and both shall execute it.
(2) A collective bargaining agreement shall contain
provisions that:
(a) Provide for a grievance procedure that culminates
with final and binding arbitration of all disputes arising over
the interpretation or application of the collective bargaining
agreement and that is valid and enforceable under its terms
when entered into in accordance with this chapter; and
(b) Require processing of disciplinary actions or
terminations of employment of employees covered by the
collective bargaining agreement entirely under the procedures
of the collective bargaining agreement. Any employee,
when fully reinstated, shall be guaranteed all employee rights
and benefits, including back pay, sick leave, vacation
accrual, and retirement and federal old age, survivors, and
disability insurance act credits, but without back pay for any
period of suspension.
(3)(a) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is
concluded after the termination date of the previous collective bargaining agreement between the employer and an
employee organization representing the same bargaining
units, the effective date of the collective bargaining agreement may be the day after the termination of the previous
collective bargaining agreement, and all benefits included in
the new collective bargaining agreement, including wage or
(2002 Ed.)
41.80.020
salary increases, may accrue beginning with that effective
date.
(b) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is
concluded after the termination date of the previous collective bargaining agreement between the employer and the
exclusive bargaining representative representing different
bargaining units, the effective date of the collective bargaining agreement may be the day after the termination date of
whichever previous collective bargaining agreement covering
one or more of the units terminated first, and all benefits
included in the new collective bargaining agreement,
including wage or salary increases, may accrue beginning
with that effective date. [2002 c 354 § 304.]
41.80.040 Management rights—Not subject to
bargaining. (Effective July 1, 2004.) The employer shall
not bargain over rights of management which, in addition to
all powers, duties, and rights established by constitutional
provision or statute, shall include but not be limited to the
following:
(1) The functions and programs of the employer, the use
of technology, and the structure of the organization;
(2) The employer’s budget and the size of the agency
work force, including determining the financial basis for
layoffs;
(3) The right to direct and supervise employees;
(4) The right to take whatever actions are deemed
necessary to carry out the mission of the state and its
agencies during emergencies; and
(5) Retirement plans and retirement benefits. [2002 c
354 § 305.]
41.80.050 Rights of employees. (Effective July 1,
2004.) Except as may be specifically limited by this chapter,
employees shall have the right to self-organization, to form,
join, or assist employee organizations, and to bargain collectively through representatives of their own choosing for
the purpose of collective bargaining free from interference,
restraint, or coercion. Employees shall also have the right to
refrain from any or all such activities except to the extent
that they may be required to pay a fee to an exclusive
bargaining representative under a union security provision
authorized by this chapter. [2002 c 354 § 306.]
41.80.060 Right to strike not granted. (Effective
July 1, 2004.) Nothing contained in chapter 354, Laws of
2002 permits or grants to any employee the right to strike or
refuse to perform his or her official duties. [2002 c 354 §
307.]
41.80.070 Bargaining units—Certification. (1) A
bargaining unit of employees covered by this chapter
existing on June 13, 2002, shall be considered an appropriate
unit, unless the unit does not meet the requirements of (a)
and (b) of this subsection. The commission, after hearing
upon reasonable notice to all interested parties, shall decide,
in each application for certification as an exclusive bargaining representative, the unit appropriate for certification. In
determining the new units or modifications of existing units,
the commission shall consider: The duties, skills, and
[Title 41 RCW—page 313]
41.80.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
working conditions of the employees; the history of collective bargaining; the extent of organization among the
employees; the desires of the employees; and the avoidance
of excessive fragmentation. However, a unit is not appropriate if it includes:
(a) Both supervisors and nonsupervisory employees. A
unit that includes only supervisors may be considered
appropriate if a majority of the supervisory employees
indicates by vote that they desire to be included in such a
unit; or
(b) More than one institution of higher education. For
the purposes of this section, any branch or regional campus
of an institution of higher education is part of that institution
of higher education.
(2) The exclusive bargaining representatives certified to
represent the bargaining units existing on June 13, 2002,
shall continue as the exclusive bargaining representative
without the necessity of an election.
(3) If a single employee organization is the exclusive
bargaining representative for two or more units, upon
petition by the employee organization, the units may be
consolidated into a single larger unit if the commission
considers the larger unit to be appropriate. If consolidation
is appropriate, the commission shall certify the employee
organization as the exclusive bargaining representative of the
new unit. [2002 c 354 § 308.]
41.80.080 Representation—Elections—Rules.
(Effective July 1, 2004.) (1) The commission shall determine all questions pertaining to representation and shall
administer all elections and be responsible for the processing
and adjudication of all disputes that arise as a consequence
of elections. The commission shall adopt rules that provide
for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work
locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in
voting;
(f) Campaigning on the employer’s property during
working hours; and
(g) Election observers.
(2)(a) If an employee organization has been certified as
the exclusive bargaining representative of the employees of
a bargaining unit, the employee organization may act for and
negotiate master collective bargaining agreements that will
include within the coverage of the agreement all employees
in the bargaining unit as provided in RCW 41.80.010(2)(a).
However, if a master collective bargaining agreement is in
effect for the exclusive bargaining representative, it shall
apply to the bargaining unit for which the certification has
been issued. Nothing in this section requires the parties to
engage in new negotiations during the term of that agreement.
(b) This subsection (2) does not apply to exclusive
bargaining representatives who represent employees of
institutions of higher education.
(3) The certified exclusive bargaining representative
shall be responsible for representing the interests of all the
[Title 41 RCW—page 314]
employees in the bargaining unit. This section shall not be
construed to limit an exclusive representative’s right to
exercise its discretion to refuse to process grievances of
employees that are unmeritorious.
(4) No question concerning representation may be raised
if:
(a) Fewer than twelve months have elapsed since the
last certification or election; or
(b) A valid collective bargaining agreement exists
covering the unit, except for that period of no more than one
hundred twenty calendar days nor less than ninety calendar
days before the expiration of the contract. [2002 c 354 §
309.]
41.80.090 Failure to reach agreement—Third party
involvement—Expiration of agreements during negotiation. (Effective July 1, 2004.) Should the parties fail to
reach agreement in negotiating a collective bargaining
agreement, either party may request of the commission the
assistance of an impartial third party to mediate the negotiations.
If a collective bargaining agreement previously negotiated under this chapter should expire while negotiations are
underway, the terms and conditions specified in the collective bargaining agreement shall remain in effect for a period
not to exceed one year from the expiration date stated in the
agreement. Thereafter, the employer may unilaterally
implement according to law.
If resolution is not reached through mediation by one
hundred days beyond the expiration date of a contract
previously negotiated under this chapter, or one hundred
days from the initiation of mediated negotiations if no such
contract exists, an independent fact-finder shall be appointed
by the commission.
The fact-finder shall meet with the parties or their
representatives, or both, and make inquiries and investigations, hold hearings, and take such other steps as may be
appropriate. If the dispute is not settled, the fact-finder shall
make findings of fact and recommend terms of settlement
within thirty days.
Such recommendations, together with the findings of
fact, shall be submitted in writing to the parties and the
commission privately before they are made public. The
commission, the fact-finder, the employer, or the exclusive
bargaining representative may make such findings and
recommendations public if the dispute is not settled within
ten working days after their receipt from the fact-finder.
Nothing in this section shall be construed to prohibit an
employer and an exclusive bargaining representative from
agreeing to substitute, at their own expense, their own
procedure for resolving impasses in collective bargaining for
that provided in this section or from agreeing to utilize for
the purposes of this section any other governmental or other
agency or person in lieu of the commission.
Costs for mediator services shall be borne by the
commission, and costs for fact-finding shall be borne equally
by the negotiating parties. [2002 c 354 § 310.]
41.80.100 Union security—Fees and dues—Right of
nonassociation. (Effective July 1, 2004.) (1) A collective
bargaining agreement may contain a union security provision
(2002 Ed.)
State Collective Bargaining
requiring as a condition of employment the payment, no later
than the thirtieth day following the beginning of employment
or July 1, 2004, whichever is later, of an agency shop fee to
the employee organization that is the exclusive bargaining
representative for the bargaining unit in which the employee
is employed. The amount of the fee shall be equal to the
amount required to become a member in good standing of
the employee organization. Each employee organization
shall establish a procedure by which any employee so
requesting may pay a representation fee no greater than the
part of the membership fee that represents a pro rata share
of expenditures for purposes germane to the collective
bargaining process, to contract administration, or to pursuing
matters affecting wages, hours, and other conditions of
employment.
(2) An employee who is covered by a union security
provision and who asserts a right of nonassociation based on
bona fide religious tenets, or teachings of a church or
religious body of which the employee is a member, shall, as
a condition of employment, make payments to the employee
organization, for purposes within the program of the employee organization as designated by the employee that would be
in harmony with his or her individual conscience. The
amount of the payments shall be equal to the periodic dues
and fees uniformly required as a condition of acquiring or
retaining membership in the employee organization minus
any included monthly premiums for insurance programs
sponsored by the employee organization. The employee
shall not be a member of the employee organization but is
entitled to all the representation rights of a member of the
employee organization.
(3) Upon filing with the employer the written authorization of a bargaining unit employee under this chapter, the
employee organization that is the exclusive bargaining
representative of the bargaining unit shall have the exclusive
right to have deducted from the salary of the employee an
amount equal to the fees and dues uniformly required as a
condition of acquiring or retaining membership in the
employee organization. The fees and dues shall be deducted
each pay period from the pay of all employees who have
given authorization for the deduction and shall be transmitted
by the employer as provided for by agreement between the
employer and the employee organization.
(4) Employee organizations that before July 1, 2004,
were entitled to the benefits of this section shall continue to
be entitled to these benefits. [2002 c 354 § 311.]
41.80.110 Unfair labor practices enumerated.
(Effective July 1, 2004.) (1) It is an unfair labor practice
for an employer:
(a) To interfere with, restrain, or coerce employees in
the exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules adopted by the commission, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss
of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
(2002 Ed.)
41.80.100
tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an
employee because that employee has filed charges or given
testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee
organization:
(a) To restrain or coerce an employee in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or to an employer in the selection of its representatives for
the purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to
discriminate against an employee in violation of subsection
(1)(c) of this section;
(c) To discriminate against an employee because that
employee has filed charges or given testimony under this
chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be
evidence of an unfair labor practice under this chapter, if
such expression contains no threat of reprisal or force or
promise of benefit. [2002 c 354 § 312.]
41.80.120 Unfair labor practice procedures—
Powers and duties of commission. (Effective July 1,
2004.) (1) The commission is empowered and directed to
prevent any unfair labor practice and to issue appropriate
remedial orders: PROVIDED, That a complaint shall not be
processed for any unfair labor practice occurring more than
six months before the filing of the complaint with the
commission. This power shall not be affected or impaired
by any means of adjustment, mediation, or conciliation in
labor disputes that have been or may hereafter be established
by law.
(2) If the commission determines that any person has
engaged in or is engaging in an unfair labor practice, the
commission shall issue and cause to be served upon the
person an order requiring the person to cease and desist from
such unfair labor practice, and to take such affirmative
action as will effectuate the purposes and policy of this
chapter, such as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is
located or in which the person who has engaged or is engaging in such unfair labor practice resides or transacts business,
for the enforcement of its order and for appropriate temporary relief. [2002 c 354 § 313.]
41.80.130 Enforcement of collective bargaining
agreements—Arbitrators—Subpoenas—Superior court.
(Effective July 1, 2004.) (1) For the purposes of implementing final and binding arbitration under grievance procedures
required by RCW 41.80.030, the parties to a collective
[Title 41 RCW—page 315]
41.80.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
bargaining agreement may agree on one or more permanent
umpires to serve as arbitrator, or may agree on any impartial
person to serve as arbitrator, or may agree to select arbitrators from any source available to them, including federal and
private agencies, in addition to the staff and list of arbitrators
maintained by the commission. If the parties cannot agree
to the selection of an arbitrator, the commission shall supply
a list of names in accordance with the procedures established
by the commission.
(2) An arbitrator may require any person to attend as a
witness and to bring with him or her any book, record,
document, or other evidence. The fees for such attendance
shall be paid by the party requesting issuance of the subpoena and shall be the same as the fees of witnesses in the
superior court. Arbitrators may administer oaths. Subpoenas
shall issue and be signed by the arbitrator and shall be
served in the same manner as subpoenas to testify before a
court of record in this state. If any person so summoned to
testify refuses or neglects to obey such subpoena, upon
petition authorized by the arbitrator, the superior court may
compel the attendance of the person before the arbitrator or
punish the person for contempt in the same manner provided
for the attendance of witnesses or the punishment of them in
the courts of this state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on
application of either party and for good cause, may postpone
the hearing to a time not extending beyond the date fixed by
the collective bargaining agreement for making the award.
The arbitration award shall be in writing and signed by the
arbitrator. The arbitrator shall, promptly upon its rendition,
serve a true copy of the award on each of the parties or their
attorneys of record.
(4) If a party to a collective bargaining agreement
negotiated under this chapter refuses to submit a grievance
for arbitration, the other party to the collective bargaining
agreement may invoke the jurisdiction of the superior court
of Thurston county or of any county in which the labor
dispute exists and such court shall have jurisdiction to issue
an order compelling arbitration. Disputes concerning
compliance with grievance procedures shall be reserved for
determination by the arbitrator. Arbitration shall be ordered
if the grievance states a claim that on its face is covered by
the collective bargaining agreement. Doubts as to the
coverage of the arbitration clause shall be resolved in favor
of arbitration.
(5) If a party to a collective bargaining agreement
negotiated under this chapter refuses to comply with the
award of an arbitrator determining a grievance arising under
the collective bargaining agreement, the other party to the
collective bargaining agreement may invoke the jurisdiction
of the superior court of Thurston county or of any county in
which the labor dispute exists and such court shall have
jurisdiction to issue an order enforcing the arbitration award.
[2002 c 354 § 314.]
41.80.140 Office of financial management’s labor
relations service account—Created. (1) The office of
financial management’s labor relations service account is
created in the custody of the state treasurer to be used as a
[Title 41 RCW—page 316]
revolving fund for the payment of labor relations services
required for the negotiation of the collective bargaining
agreements entered into under this chapter. An amount not
to exceed one-tenth of one percent of the approved allotments of salaries and wages for all bargaining unit positions
in the classified service in each of the agencies subject to
this chapter, except the institutions of higher education, shall
be charged to the operations appropriations of each agency
and credited to the office of financial management’s labor
relations service account as the allotments are approved
pursuant to chapter 43.88 RCW. Subject to the above
limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of
financial management from time to time. Payment for
services rendered under this chapter shall be made on a
quarterly basis to the state treasurer and deposited into the
office of financial management’s labor relations service
account.
(2) Moneys from the office of financial management’s
labor relations service account shall be disbursed by the state
treasurer by warrants on vouchers authorized by the director
of financial management or the director’s designee. An
appropriation is not required. [2002 c 354 § 322.]
41.80.900 Powers, duties, and functions pertaining
to collective bargaining—Transferred to public employment relations commission—Exceptions. (Effective July
1, 2004.) All powers, duties, and functions of the department of personnel pertaining to collective bargaining are
transferred to the public employment relations commission
except mediation of grievances and contracts, arbitration of
grievances and contracts, and unfair labor practices, filed
under a collective bargaining agreement existing before July
1, 2004. Any mediation, arbitration, or unfair labor practice
issue filed between July 1, 2004, and July 1, 2005, under a
collective bargaining agreement existing before July 1, 2004,
shall be resolved by the Washington personnel resources
board in accordance with the authorities, rules, and procedures that were established under RCW 41.06.150(11) as it
existed before July 1, 2004. [2002 c 354 § 315.]
41.80.901 Transfer of assets—Appropriations.
(Effective July 1, 2004.) All reports, documents, surveys,
books, records, files, papers, or written material in the
possession of the department of personnel pertaining to the
powers, functions, and duties transferred in RCW 41.80.900
shall be delivered to the custody of the public employment
relations commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed
by the department of personnel in carrying out the powers,
functions, and duties transferred in RCW 41.80.900 shall be
made available to the public employment relations commission. All funds, credits, leases, and other assets held in
connection with the powers, functions, and duties transferred
in RCW 41.80.900 shall be assigned to the public employment relations commission.
Any appropriations made to the department of personnel
for carrying out the powers, functions, and duties transferred
in RCW 41.80.900 shall be deleted at the time that such
powers, functions, and duties are transferred to the public
employment relations commission. All funding required to
(2002 Ed.)
State Collective Bargaining
41.80.901
perform these transferred powers, functions, and duties is to
be provided by the public employment relations commission
once the transfers occur.
Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned. [2002 c
354 § 316.]
parties shall agree on which bargaining issues will be
bargained in a coalition of employee representatives and will
be agreed to uniformly in each collective bargaining agreement. This agreement is effective only for collective bargaining agreements entered into for implementation during
the 2005-2007 biennium. The purpose of the agreement is
to minimize the risk to the payroll system resulting from
agreements reached in the first round of collective bargaining
under chapter 354, Laws of 2002.
(2) This section expires June 30, 2007. [2002 c 354 §
409.]
41.80.902 Schedule for transfer of employees and
property. After June 13, 2002, the director of personnel
and the executive director of the public employment relations
commission shall meet and agree upon a schedule for the
transfer of department of personnel labor relation employees
and property to the commission. Whenever a question arises
as to the transfer of any personnel, funds, books, documents,
records, papers, files, equipment, or other tangible property
used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of
financial management shall make a determination as to the
proper allocation and certify the same to the state agencies
concerned. [2002 c 354 § 317.]
41.80.907 Short title—2002 c 354. This act may be
known and cited as the personnel system reform act of 2002.
[2002 c 354 § 101.]
41.80.903 Pending business to be continued and
acted upon. (Effective July 1, 2004.) All business pending
before the department of personnel pertaining to the powers,
functions, and duties transferred in RCW 41.80.900 shall be
continued and acted upon by the public employment relations commission. All existing contracts and obligations of
the department of personnel, pertaining to collective bargaining, shall remain in full force and shall be performed by the
public employment relations commission. [2002 c 354 §
318.]
41.80.910 Effective dates—2002 c 354. (1) Sections
203, 204, 213 through 223, 227, 229 through 231, 241, 243,
246, 248, 301 through 307, 309 through 316, 318, 319, and
402 of this act take effect July 1, 2004.
(2) Section 224 of this act takes effect March 15, 2005.
(3) Sections 208, 234 through 238, and 403 of this act
take effect July 1, 2005.
(4) Sections 225, 226, 233, and 404 of this act take
effect July 1, 2006. [2002 c 354 § 411.]
41.80.908 Headings, captions not law—2002 c 354.
Part headings and section captions used in this act do not
constitute part of the law. [2002 c 354 § 405.]
41.80.909 Severability—2002 c 354. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2002 c 354 § 410.]
41.80.904 Validity of actions not affected. (Effective
July 1, 2004.) The transfer of the powers, duties, functions,
and personnel of the department of personnel shall not affect
the validity of any act performed before July 1, 2004. [2002
c 354 § 319.]
41.80.905 Apportionment of funds. If apportionments of budgeted funds are required because of the transfers directed by RCW 41.80.901 through 41.80.904, the
director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer
and adjustments in funds and appropriation accounts and
equipment records in accordance with the certification.
[2002 c 354 § 320.]
41.80.906 Payroll-related bargaining issues—
Central state payroll system. (Expires June 30, 2007.)
(1) Notwithstanding the provisions of RCW 41.80.001, the
parties to collective bargaining to be conducted under RCW
41.80.001 and 41.80.010 through 41.80.130 shall meet by
September 1, 2003, to identify those payroll-related bargaining issues that affect the capacity of the central state payroll
system, as determined by the department of personnel. The
(2002 Ed.)
[Title 41 RCW—page 317]
Title 42
PUBLIC OFFICERS AND AGENCIES
Chapters
42.04
42.08
42.12
42.14
42.16
42.17
42.20
42.23
42.24
42.26
42.30
42.32
42.36
42.40
42.41
42.44
42.48
42.52
General provisions.
Official bonds.
Vacancies.
Continuity of government act.
Salaries and fees.
Disclosure—Campaign finances—Lobbying—
Records.
Misconduct of public officers.
Code of ethics for municipal officers—
Contract interests.
Payment of claims for expenses, material,
purchases—Advancements.
Agency vendor payment revolving fund—
Petty cash accounts.
Open Public Meetings Act.
Meetings.
Appearance of fairness doctrine—
Limitations.
State employee whistleblower protection.
Local government whistleblower protection.
Notaries public.
Release of records for research.
Ethics in public service.
Collection agencies retained to collect public debts—Fees: RCW 19.16.500.
County officers, general provisions: Chapter 36.16 RCW.
Credit card use by local governments: RCW 43.09.2855.
Elections: Title 29 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Military leave for public employees: RCW 38.40.060.
Public employment, civil service and pensions: Title 41 RCW.
State officers, general provisions: Chapter 43.01 RCW.
Chapter 42.04
GENERAL PROVISIONS
Sections
42.04.020
42.04.040
42.04.060
42.04.070
Eligibility to hold office.
Proceedings to impeach, etc., preserved.
Offices to be open certain days and hours.
Compensation for unofficial services.
42.04.020 Eligibility to hold office. That no person
shall be competent to qualify for or hold any elective public
office within the state of Washington, or any county, district,
precinct, school district, municipal corporation or other
district or political subdivision, unless he be a citizen of the
United States and state of Washington and an elector of such
county, district, precinct, school district, municipality or
other district or political subdivision. [1919 c 139 § 1; RRS
(2002 Ed.)
§ 9929. FORMER PART OF SECTION: Code 1881 §
3050 codified as RCW 42.04.021.]
Apple commission, qualifications of members: RCW 15.24.020.
Attorney general, qualifications: RCW 43.10.010.
Cemetery board, qualifications of members: RCW 68.05.050.
Cities, council-manager plan, qualifications of city manager: RCW
35.18.040.
Cities and towns, residence qualifications of officials and employees: RCW
35.21.200.
County hospital board of trustees, eligibility: RCW 36.62.140.
Court administrator, qualifications: RCW 2.56.010.
Court commissioners, qualifications: RCW 2.24.010.
Dairy products commission, members, qualifications: RCW 15.44.030.
Electors, qualifications: State Constitution Art. 6 § 1 (Amendment 5).
Engineers and land surveyors’ board of registration, qualifications: RCW
18.43.030.
Fire protection district commissioners, qualifications: RCW 52.14.010.
Fish and wildlife commission members, qualifications: RCW 77.04.040.
Flood control districts, qualifications of governing board: RCW 85.38.070.
Fruit commission, qualifications of members: RCW 15.28.030.
Hardwoods commission, qualifications: RCW 15.74.010.
Honey bee commission, qualifications: RCW 15.62.060
Horse racing commission, qualifications: RCW 67.16.012.
Judges of superior court, eligibility: State Constitution Art. 4 § 17.
Judges of supreme court, eligibility: State Constitution Art. 4 § 17.
Legislators, eligibility: State Constitution Art. 2 § 7; Art. 2 § 14.
Mosquito control district board members, qualifications: RCW 17.28.120.
Municipal court judges, qualifications: RCW 35.20.170.
Precinct committee officers: RCW 29.42.040.
Prosecuting attorney, eligibility: RCW 36.27.010.
Public utility district commissioners, qualifications: RCW 54.12.010.
Religious qualification to hold public office or employment prohibited:
State Constitution Art. 1 § 11 (Amendment 4).
Residence for eligibility to public office: State Constitution Art. 6 § 4.
School directors, qualifications: RCW 28A.343.340.
School teachers, qualifications: RCW 28A.410.025, 28A.405.040.
State board of education, eligibility: RCW 28A.305.060.
State hospitals for mentally ill, superintendents’ powers: RCW 72.23.030.
State officers, eligibility: State Constitution Art. 3 § 25 (Amendment 31).
State schools for blind and deaf, qualifications of superintendents: RCW
72.40.020.
Subversive activities as disqualification from holding public office: Chapter
9.81 RCW.
Superior court reporters, qualifications: RCW 2.32.180.
Towns, eligibility of officers: RCW 35.27.080.
Utilities and transportation commission, qualifications: RCW 80.01.020.
Veterinary board members, qualifications: RCW 18.92.021.
Weed district director and electors, qualifications: RCW 17.04.070.
Wine commission, qualifications: RCW 15.88.030.
42.04.040 Proceedings to impeach, etc., preserved.
The omission to specify or affirm in *this act any ground of
[Title 42 RCW—page 1]
42.04.040
Title 42 RCW: Public Officers and Agencies
forfeiture of a public office or other trust or special authority
conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other
person holding any trust, appointment or other special
authority conferred by law, shall not affect such forfeiture or
power, or any proceeding authorized by law to carry into
effect such impeachment, removal, deposition or suspension.
[1909 c 249 § 45; RRS § 2297.]
*Reviser’s note: The term "this act" relates to the criminal code of
1909. For disposition of sections, see note following RCW 9.01.120.
Forfeiture of office for conviction of felony or malfeasance: RCW 9.92.120.
Impeachment and removal: State Constitution Art. 5.
Recall of elective officers: State Constitution Art. 1 § 33 (Amendment 8);
chapter 29.82 RCW.
42.04.060 Offices to be open certain days and
hours. All state elective and appointive officers shall keep
their offices open for the transaction of business from eight
o’clock a.m. to five o’clock p.m. of each business day from
Monday through Friday, state legal holidays excepted. On
Saturday, such offices may be closed.
This section shall not apply to the courts of record of
this state or to their officers nor to the office of the attorney
general and the lieutenant governor. [1973 2nd ex.s. c 1 §
2; 1955 ex.s. c 9 § 3. Prior: 1951 c 100 §§ 3, 4; 1941 c
113 § 1; Rem. Supp. 1941 § 9963-1.]
Office hours of city, county, precinct: RCW 35.21.175, 36.16.100.
42.04.070 Compensation for unofficial services.
That the directors, trustees and commissioners of state
institutions in this state, serving as such without any compensation, shall not be precluded by reason of holding such
offices from receiving compensation for services not official
rendered without being procured or brought about by use of
such official position, or by reason thereof, but such officers
shall be allowed to receive such reasonable compensation for
services not official or connected with their respective
offices as they would otherwise be allowed were they not
such officers. [1891 c 109 § 1; RRS § 10966.]
Chapter 42.08
OFFICIAL BONDS
Sections
42.08.005
Official bonds—Payment of premiums.
42.08.010
42.08.020
42.08.030
42.08.040
42.08.050
Scope of coverage.
Who may maintain action.
Leave of court required.
Judgment no bar to further action.
Recoveries limited to amount of bond.
OFFICIAL BONDS—CODE OF 1881
OFFICIAL BONDS—1890 ACT
42.08.060
42.08.070
42.08.080
42.08.090
42.08.100
42.08.110
42.08.120
42.08.130
42.08.140
Form of official bonds.
Effect of bonds.
Who may bring action on bond.
Defective bonds validated.
Approval and filing.
Procedure when bond of county or township officer is insufficient.
Additional bond.
Remedy when bond of state officer becomes insufficient.
Force of additional bond.
[Title 42 RCW—page 2]
42.08.150 Number of sureties.
42.08.160 Justification of sureties.
42.08.170 Liability of sureties.
42.08.180 Release of sureties.
Adjutant general, official bond: RCW 38.12.010.
Apple commission treasurer, bond required: RCW 15.24.150.
Attorney general, official bonds: RCW 43.10.010, 43.10.020.
Cities, code city retaining second class form, bond of officers: RCW
35.23.835.
Cities, commission form, bonds required: RCW 35.17.100.
Cities, council-manager plan, bond of manager: RCW 35.18.050.
Cities, second class, bond required: RCW 35.23.081.
Commissioner of public lands, official bonds: RCW 79.01.064.
County clerk, new bond may be required: RCW 36.23.020.
County commissioners, official bond: RCW 36.32.060.
County officers, official bonds: RCW 36.16.050.
County sheriff, additional bond: RCW 36.28.030.
Dairy products commission treasurer, bond required: RCW 15.44.050.
Flood control districts, official bonds: RCW 86.09.301, 86.09.304,
86.09.307.
Fruit commission treasurer, bond required: RCW 15.28.190.
Horse racing commission, official bonds: RCW 67.16.012.
Insurance commissioner, official bond: RCW 48.02.030.
Irrigation districts, official bonds: RCW 87.03.082.
Liquor control board, official bond: RCW 66.08.014.
Municipal court judge, bond required: RCW 35.20.180.
Public printer, official bond: RCW 43.78.020.
Reclamation district directors, official bonds: RCW 89.30.259.
Reclamation districts, bond of secretary: RCW 89.30.262.
Secretary of state, official bond: RCW 43.07.010.
State administrative officers, official bonds: RCW 43.17.100.
State auditor, official bond: RCW 43.09.010.
State treasurer, official bond: RCW 43.08.020.
Superior court reporters, bond required: RCW 2.32.180.
Suretyship: Chapters 19.72, 48.28 RCW.
Towns, bond of officers: RCW 35.27.120.
University of Washington, board of regents, secretary to give bond: RCW
28B.30.135.
Utilities and transportation commission, official bonds: RCW 80.01.020.
Washington State University, board of regents, bonds required: RCW
28B.30.100, 28B.30.130.
Weed district officers, bond required: RCW 17.04.070.
42.08.005 Official bonds—Payment of premiums.
See RCW 48.28.040.
OFFICIAL BONDS—CODE OF 1881
42.08.010 Scope of coverage. The official bond of a
public officer, to the state, or to any county, city, town or
other municipal or public corporation of like character
therein, shall be deemed a security to the state, or to such
county, city, town or other municipal or public corporation,
as the case may be, and also to all persons severally, for the
official delinquencies against which it is intended to provide.
[Code 1881 § 652; 1877 p 135 § 655; 1869 p 152 § 592;
RRS § 958.]
Bonds payable to state: RCW 42.08.060.
42.08.020 Who may maintain action. When a public
officer by official misconduct or neglect of duty, shall forfeit
(2002 Ed.)
Official Bonds
his official bond or render his sureties therein liable upon
such bond, any person injured by such misconduct or neglect, or who is by law entitled to the benefit of the security,
may maintain an action at law thereon in his own name
against the officer and his sureties to recover the amount to
which he may by reason thereof be entitled. [Code 1881 §
653; 1877 p 135 § 656; 1869 p 152 § 593; RRS § 959.]
42.08.020
such officer shall continue to discharge any of the duties of,
or hold such office, and every such bond shall be deemed to
be in force and obligatory upon the principal and sureties
therein for the faithful discharge of all duties which may be
required of such officer by any law enacted subsequent to
the execution of such bond, and such condition shall be
expressed therein. [1890 p 34 § 2; RRS § 9931.]
Action on official bond: RCW 42.08.080.
42.08.030 Leave of court required. Before an action
can be commenced by a plaintiff, other than the state, or the
municipal or public corporation named in the bond, leave
shall be obtained of the court or judge thereof where the
action is triable. Such leave shall be granted upon the
production of a certified copy of the bond and an affidavit
of the plaintiff, or some person in his behalf, showing the
delinquency. But if the matter set forth in his affidavit be
such that, if true, the party applying would clearly not be
entitled to recover in the action, the leave shall not be
granted. If it does not appear from the complaint that the
leave herein provided for has been granted, the defendant, on
motion, shall be entitled to judgment of nonsuit; if it does,
the defendant may controvert the allegation, and if the issue
be found in his favor, judgment shall be given accordingly.
[Code 1881 § 654; 1877 p 136 § 657; 1869 p 152 § 594;
RRS § 960.]
42.08.040 Judgment no bar to further action. A
judgment in favor of a party for one delinquency shall not
preclude the same or another party from maintaining another
action on the same bond for another delinquency. [Code
1881 § 655; 1877 p 136 § 658; 1869 p 153 § 595; RRS §
961.]
42.08.050 Recoveries limited to amount of bond. In
an action upon an official bond, if judgments have been
recovered against the surety therein other than by confession,
equal in the aggregate to the penalty or any part thereof of
such bond, and if such recovery be established on the trial,
judgment shall not be given against such surety for an
amount exceeding such penalty, or such portion thereof as is
not already recovered against him. [Code 1881 § 656; 1877
p 136 § 659; 1869 p 153 § 596; RRS § 962.]
Liability of sureties: RCW 42.08.170.
OFFICIAL BONDS—1890 ACT
42.08.060 Form of official bonds. All official bonds
required by law of officers shall be in form, joint and
several, and made payable to the state of Washington, in
such penal sum and with such conditions as may be required
by law. [1890 p 34 § 1; RRS § 9930.]
Bonds deemed security to state, county, city, town, etc.: RCW 42.08.010.
County commissioner bond is payable to county: RCW 36.32.060.
42.08.070 Effect of bonds. Every official bond
executed by any officer pursuant to law shall be deemed and
taken to be in force, and shall be obligatory upon the
principal and sureties therein for any and all breach of the
condition or conditions thereof committed during the time
(2002 Ed.)
42.08.080 Who may bring action on bond. Every
official bond executed by any officer pursuant to law, shall
be in force and obligatory upon the principal and sureties
therein, to and for the state of Washington, and to and for
the use and benefit of all persons who may be injured or
aggrieved by the wrongful act or default of such officer, in
his official capacity, and any person so injured or aggrieved
may bring suit on such bond in his or her own name without
an assignment thereof. [1890 p 34 § 3; RRS § 9932.]
Action on official bond: RCW 42.08.020.
42.08.090 Defective bonds validated. Whenever any
such official bond shall not contain the substantial matter or
condition or conditions required by law, or there shall be any
defect in the approval or filing thereof, such bond shall not
be void so as to discharge such officer and his sureties, but
they shall be bound to the state, or party interested, and the
state or such party may, by action instituted in any court of
competent jurisdiction, suggest the defect of such bond or
such approval or filing, and recover his proper and equitable
demand or damages from such officer, and the person or
persons, who intended to become, and were included in such
bond as sureties. [1890 p 35 § 4; RRS § 9933.]
42.08.100 Approval and filing. The official bonds of
officers shall be approved and filed as follows, to wit: The
official bond of the secretary of state shall be approved by
the governor and filed in the office of the state auditor. The
official bonds of all other state officers required by law to
give bonds, except as otherwise expressly provided by law,
shall be approved by the governor and filed in the office of
the secretary of state.
The official bonds of all county and township officers,
except the county superintendent of schools, shall be
approved by the board of county commissioners, if in
session, and if not in session, by the chairman of such board,
and filed and recorded in the office of the county clerk of
their respective counties: PROVIDED, That the bond of the
county clerk shall be recorded in the office of the county
auditor and filed in the office of the county treasurer. [1955
c 157 § 11. Prior: 1890 p 35 § 5; RRS § 9934.]
Contractor’s bonds: Chapter 39.08 RCW.
Official bonds—Payment of premiums: RCW 48.28.040.
Surety insurance: Chapter 48.28 RCW.
42.08.110 Procedure when bond of county or
township officer is insufficient. Whenever the sureties, or
any one of them, in the official bond of any county or
township officer shall die, remove from the state, become
insolvent or insufficient, or the penalty of such bond shall
become insufficient, on account of recoveries had thereon, or
otherwise, it shall be the duty of the board of county
commissioners of the proper county, of their own motion, or
[Title 42 RCW—page 3]
42.08.110
Title 42 RCW: Public Officers and Agencies
on the showing of any person, supported by affidavit, to
summon any such officer to appear before them at a stated
time, not less than five days after service of such summons,
and show cause why he should not execute an additional
official bond with good and sufficient sureties. [1890 p 35
§ 6; RRS § 9935.]
42.08.120 Additional bond. Should such officer, after
due notice, fail to appear at the time appointed, the matter
may be heard and determined in his absence; if after
examination the board of county commissioners shall be of
opinion that the bond of such officer has become insufficient
from any cause whatever, they shall require an additional
bond with such security as may be deemed necessary, which
said additional bond shall be executed and filed within such
time as the board of county commissioners may order; and
if any such officer shall fail to execute and file such additional bond within the time prescribed by such order, his
office shall become vacant. [1890 p 36 § 7; RRS § 9936.]
Failure to give or renew official bond a cause for vacation of office: RCW
42.12.010.
42.08.130 Remedy when bond of state officer
becomes insufficient. Whenever the official bond of any
state officer shall become insufficient from any cause
whatever, the like proceedings may be had before the
superior court of the county in which said state officer holds
his office with reference thereto: PROVIDED, That such
proceedings may be commenced by a written motion
supported by affidavit. [1890 p 36 § 8; RRS § 9937.]
42.08.140 Force of additional bond. Every such
additional bond shall be of like force and obligation upon the
principal and sureties therein, and shall subject the officer
and his sureties to the same liabilities as are prescribed
respecting the original bonds of officers. [1890 p 36 § 9;
RRS § 9938.]
42.08.150 Number of sureties. Unless otherwise
expressly provided, there shall be at least two sureties upon
the official bond of every officer. [1890 p 36 § 10; RRS §
9939.]
Corporate sureties: Chapter 48.28 RCW.
42.08.160 Justification of sureties. In all cases where
official bonds are required or may be hereafter required,
from state, county, township or precinct officers, the officer
or officers whose duty it is or may be to approve such
bonds, shall not accept or approve any such bonds except
such bond be that of a surety company, unless the sureties
thereon shall severally justify before an officer authorized to
administer oaths as follows: (1) On a bond given by a state
or county officer that he is a resident and freeholder within
this state, and on a bond given by a township or precinct
officer that he is a resident and freeholder within the county
in which such township or precinct is situated. (2) That he
is worth double the amount for which he becomes surety
over and above all his debts and liabilities, in property
situated within this state which is not exempt from seizure
and sale under execution. [1901 c 14 § 1; 1890 p 36 § 11;
RRS § 9940.]
[Title 42 RCW—page 4]
Qualification of individual sureties: RCW 19.72.030.
42.08.170 Liability of sureties. When the penal sum
of any bond amounts to more than two thousand dollars, the
sureties may become severally liable for portions, not less
than five hundred dollars, of such penal sum, making in the
aggregate at least two sureties for the whole penal sum.
[1890 p 37 § 12; RRS § 9941.]
Recoveries limited to amount of bond: RCW 42.08.050.
42.08.180 Release of sureties. Release of sureties
(1937 act), see chapter 19.72 RCW.
Chapter 42.12
VACANCIES
Sections
42.12.010
42.12.020
42.12.030
42.12.040
Causes of vacancy.
Resignations, to whom made.
Term of person elected to fill vacancy.
Vacancy in partisan elective office—Successor elected—
When.
42.12.070 Filling nonpartisan vacancies.
Apple commission, vacancies, how filled: RCW 15.24.050.
Attorney general, removal from office: State Constitution Art. 4 § 9.
Bond, failure to file additional bond causes vacancy: RCW 42.08.120.
City offices, vacancies, how filled
commission plan: RCW 35.17.020.
council-manager plan
council: RCW 35.18.020.
optional municipal code: RCW 35A.13.020.
mayor-council plan, optional municipal code: RCW 35A.12.050.
second class: RCW 35.23.101.
Congress, vacancies, how filled: RCW 29.68.080 through 29.68.120.
County, township, precinct, or road district offices, vacancies, how filled:
State Constitution Art. 11 § 6.
County annexation review board, vacancies: RCW 35A.14.170.
County clerk, failure to file new bond vacates office: RCW 36.23.020,
42.08.120.
County commissioners
removal for misconduct: RCW 36.32.225.
vacancies, how filled: RCW 36.32.070.
County hospital board of trustees, vacancies, how filled: RCW 36.62.160.
County officers
conviction for taking illegal fees vacates office: RCW 36.18.180.
vacancies: RCW 29.15.230, 36.16.110, 36.16.115, 42.12.040.
County treasurer, suspension for misconduct: RCW 36.29.090.
Educational service district superintendent: Chapter 28A.310 RCW.
Engineers and land surveyors’ board of registration, vacancies on: RCW
18.43.030.
Fire protection district commissioners, vacancies: RCW 52.14.050.
Flood control districts, vacancies in governing board: RCW 85.38.070.
Fruit commission, vacancies, how filled: RCW 15.28.080.
Governor
appointive state office, vacancies in, filled by: RCW 43.06.090.
vacancy in office of: State Constitution Art. 3 § 10 (Amendment 6).
Horse racing commission, vacancies: RCW 67.16.012.
Impeachment: State Constitution Art. 5.
Irrigation district directors, vacancies, how filled: RCW 87.03.081,
87.04.020.
Joint legislative audit and review committee, vacancies, how filled: RCW
44.28.020.
Judges
removal from office: State Constitution Art. 4 § 9.
(2002 Ed.)
Vacancies
vacancies, how filled
court of appeals: RCW 2.06.080.
district court: RCW 3.34.100.
superior court: State Constitution Art. 4 § 5; RCW 2.08.069,
2.08.120.
supreme court: State Constitution Art. 4 § 3; RCW 2.04.100.
Judicial officer’s absence from state as forfeiting office: State Constitution
Art. 4 § 8.
Legislators, expulsion of member: State Constitution Art. 2 § 9.
Legislators, vacancies, how filled: State Constitution Art. 2 § 15 (Amendment 52), RCW 42.12.040.
Liquor control board, vacancies, how filled: RCW 66.08.014.
Militia, vacancies, how filled: RCW 38.12.095 through 38.12.115.
Mosquito control districts, vacancies in board of trustees: RCW 17.28.130.
Partisan elective offices, vacancies, how filled: RCW 29.15.230.
Prosecuting attorney, removal from office: State Constitution Art. 4 § 9.
Public utility district commissioners, vacancies: RCW 54.12.010.
Recall proceedings, grounds: RCW 29.82.010.
Reclamation district directors, vacancies: RCW 89.30.256.
Regional universities—Trustees, appointment, terms, quorum, vacancies:
RCW 28B.35.100.
School directors in second and third class districts, vacancies, how filled:
RCW 28A.343.370.
State appointive office, vacancy in, how filled: State Constitution Art. 3 §
13; RCW 43.06.090.
State board of education, vacancies, how filled: RCW 28A.305.090.
State elective officers
recall: State Constitution Art. 1 § 33 (Amendment 8).
vacancy, successor elected: RCW 42.12.040.
State officers, removal from office: State Constitution Art. 5.
Statute law committee, vacancies, how filled: RCW 1.08.003.
The Evergreen State College—Trustees, appointment, terms, quorum,
vacancies: RCW 28B.40.100.
United States senators, vacancies, how filled: RCW 29.68.070.
University of Washington board of regents, vacancies, how filled: RCW
28B.20.100.
Utilities and transportation commission, vacancies, how filled: RCW
80.01.010.
Washington State University board of regents, vacancies: RCW
28B.30.100.
Water-sewer district commissioners, vacancies: RCW 57.12.020.
Weed district directors, vacancies, how filled: RCW 17.04.070.
42.12.010 Causes of vacancy. Every elective office
shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by
resignation shall be deemed to occur upon the effective date
of the resignation;
(3) His or her removal;
(4) Except as provided in RCW 3.46.067 and 3.50.057,
his or her ceasing to be a legally registered voter of the
district, county, city, town, or other municipal or quasi
municipal corporation from which he or she shall have been
elected or appointed, including where applicable the council
district, commissioner district, or ward from which he or she
shall have been elected or appointed;
(5) His or her conviction of a felony, or of any offense
involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath
of office, or to give or renew his or her official bond, or to
deposit such oath or bond within the time prescribed by law;
(2002 Ed.)
Chapter 42.12
(7) The decision of a competent tribunal declaring void
his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that
incumbent for breach of the condition of his or her official
bond. [1994 c 223 § 2; 1993 c 317 § 9; 1981 c 180 § 4;
Code 1881 § 3063; 1866 p 28 § 2; RRS § 9950.]
Effective date—1994 c 223 § 2: "(1) Section 2 of this act shall take
effect January 1, 1995.
*(2) Section 20 of this act shall take effect July 1, 1994." [1994 c 223
§ 94.]
*Reviser’s note: The governor vetoed 1994 c 233 § 20.
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
Severability—1981 c 180: See note following RCW 42.12.040.
42.12.020 Resignations, to whom made. Resignations shall be made as follows: By the state officers and
members of the legislature, to the governor; by all county
officers, to the county commissioners of their respective
counties; by all other officers, holding their offices by
appointment, to the body, board or officer that appointed
them. [Code 1881 § 3062; 1865 p 28 § 1; RRS § 9949.]
Appointments to fill vacancies: State Constitution Art. 2 § 15 (Amendment
32).
42.12.030 Term of person elected to fill vacancy.
Whenever any officer resigns his office before the expiration
of his term, or the office becomes vacant from any other
cause, and at a subsequent special election such vacancy is
filled, the person so elected to fill such vacancy shall hold
office for the remainder of the unexpired term. [1981 c 180
§ 5; Code 1881 § 3066; 1866 p 30 § 6; RRS § 9951.]
Severability—1981 c 180: See note following RCW 42.12.040.
42.12.040 Vacancy in partisan elective office—
Successor elected—When. If a vacancy occurs in any
partisan elective office in the executive or legislative
branches of state government or in any partisan county
elective office before the sixth Tuesday prior to the primary
for the next general election following the occurrence of the
vacancy, a successor shall be elected to that office at that
general election. Except during the last year of the term of
office, if such a vacancy occurs on or after the sixth Tuesday
prior to the primary for that general election, the election of
the successor shall occur at the next succeeding general
election. The elected successor shall hold office for the
remainder of the unexpired term. This section shall not
apply to any vacancy occurring in a charter county which
has charter provisions inconsistent with this section. [2002
c 108 § 2; 1981 c 180 § 1.]
Severability—1981 c 180: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1981 c 180 § 6.]
County office, appointment of acting official: RCW 36.16.115.
Filing period, special: RCW 29.15.230.
42.12.070 Filling nonpartisan vacancies. A vacancy
on an elected nonpartisan governing body of a special
purpose district where property ownership is not a qualification to vote, a town, or a city other than a first class city
or a charter code city, shall be filled as follows unless the
[Title 42 RCW—page 5]
42.12.070
Title 42 RCW: Public Officers and Agencies
provisions of law relating to the special district, town, or city
provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person
to fill the vacant position.
(2) Where two or more positions are vacant and two or
more members of the governing body remain in office, the
remaining members of the governing body shall appoint a
qualified person to fill one of the vacant positions, the
remaining members of the governing body and the newly
appointed person shall appoint another qualified person to
fill another vacant position, and so on until each of the
vacant positions is filled with each of the new appointees
participating in each appointment that is made after his or
her appointment.
(3) If less than two members of a governing body
remain in office, the county legislative authority of the
county in which all or the largest geographic portion of the
city, town, or special district is located shall appoint a
qualified person or persons to the governing body until the
governing body has two members.
(4) If a governing body fails to appoint a qualified
person to fill a vacancy within ninety days of the occurrence
of the vacancy, the authority of the governing body to fill
the vacancy shall cease and the county legislative authority
of the county in which all or the largest geographic portion
of the city, town, or special district is located shall appoint
a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails
to appoint a qualified person within one hundred eighty days
of the occurrence of the vacancy, the county legislative
authority or the remaining members of the governing body
of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The
governor may appoint a qualified person to fill the vacancy
after being petitioned if at the time the governor fills the
vacancy the county legislative authority has not appointed a
qualified person to fill the vacancy.
(6) As provided in RCW 29.15.190 and 29.21.410, each
person who is appointed shall serve until a qualified person
is elected at the next election at which a member of the
governing body normally would be elected that occurs
twenty-eight or more days after the occurrence of the
vacancy. If needed, special filing periods shall be authorized
as provided in RCW 29.15.170 and 29.15.180 for qualified
persons to file for the vacant office. A primary shall be held
to nominate candidates if sufficient time exists to hold a
primary and more than two candidates file for the vacant
office. Otherwise, a primary shall not be held and the
person receiving the greatest number of votes shall be
elected. The person elected shall take office immediately
and serve the remainder of the unexpired term.
If an election for the position that became vacant would
otherwise have been held at this general election date, only
one election to fill the position shall be held and the person
elected to fill the succeeding term for that position shall take
office immediately when qualified as defined in RCW
29.01.135 and shall service both the remainder of the
unexpired term and the succeeding term. [1994 c 223 § 1.]
[Title 42 RCW—page 6]
Chapter 42.14
CONTINUITY OF GOVERNMENT ACT
Sections
42.14.010
42.14.020
42.14.030
42.14.035
Definitions.
Office of governor.
Legislature.
Convening legislature at locations other than usual seat of
government.
42.14.040 County commissioners.
42.14.050 City or town officers.
42.14.060 Appointed officers of the state.
42.14.070 Officers of political subdivisions.
42.14.075 Meetings of governing bodies of political subdivisions at
other than usual places.
42.14.900 Short title.
42.14.910 Severability—1963 c 203.
Continuity of government: State Constitution Art. 2 § 42 (Amendment 39).
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
42.14.010 Definitions. Unless otherwise clearly
required by the context, the following definitions apply:
(1) "Unavailable" means either that a vacancy in the
office exists or that the lawful incumbent of the office is
absent or unable to exercise the powers and discharge the
duties of the office following an attack and a declaration of
existing emergency by the governor or his successor.
(2) "Attack" means any acts of warfare taken by an
enemy of the United States causing substantial damage or
injury to persons or property in the United States and in the
state of Washington. [1963 c 203 § 2.]
42.14.020 Office of governor. (1) In the event that
all successors to the office of governor as provided by
Article 3, section 10, as amended by amendment 6 of the
Constitution of the state of Washington are unavailable
following an enemy attack, the powers and duties of the
office of governor shall be exercised and discharged by the
speaker of the house of representatives.
(2) In the event the speaker of the house is unavailable,
the powers and duties of the office of governor shall be
exercised and discharged by the president pro tem of the
senate.
(3) In the event that neither the speaker nor the president pro tem is available, the house of representatives and
the senate in joint assembly shall elect an emergency interim
governor. [1963 c 203 § 3.]
42.14.030 Legislature. In the event enemy attack
reduces the number of legislators available for duty, then
those legislators available for duty shall constitute the
legislature and shall have full power to act in separate or
joint assembly by majority vote of those present. In the
event of an attack, (1) quorum requirements for the legislature shall be suspended, and (2) where the affirmative vote
of a specified proportion of members for approval of a bill,
resolution or other action would otherwise be required, the
same proportion of those voting thereon shall be sufficient.
In the event of an attack, the governor shall call the legislature into session as soon as practicable, and in any case
within thirty days following the inception of the attack. If
the governor fails to issue such call, the legislature shall, on
(2002 Ed.)
Continuity of Government Act
the thirtieth day from the date of inception of the attack,
automatically convene at the place where the governor then
has his office. Each legislator shall proceed to the place of
session as expeditiously as practicable. At such session or
at any session in operation at the inception of the attack, and
at any subsequent sessions, limitations on the length of
session and on the subjects which may be acted upon shall
be suspended. [1963 c 203 § 4.]
42.14.035 Convening legislature at locations other
than usual seat of government. Whenever, in the judgment
of the governor, it becomes impracticable, due to an emergency resulting from enemy attack or natural disaster, to
convene the legislature in the usual seat of government at
Olympia, the governor may call the legislature into emergency session in any location within this or an adjoining state.
The first order of business of any legislature so convened
shall be the establishment of temporary emergency seats of
government for the state. After any emergency relocation,
the affairs of state government shall be lawfully conducted
at such emergency temporary location or locations for the
duration of the emergency. [1969 ex.s. c 106 § 1.]
42.14.040 County commissioners. In the event
enemy attack reduces the number of county commissioners
of any county, then those commissioners available for duty
shall have full authority to act in all matters as a board of
county commissioners. In the event no county commissioner
is available for duty, then those elected county officials,
except for the members of the county board of education, as
are available for duty shall jointly act as the board of county
commissioners and shall possess by majority vote the full
authority of the board of county commissioners. [1963 c
203 § 5.]
42.14.050 City or town officers. In the event that the
executive head of any city or town is unavailable by reason
of enemy attack to exercise the powers and discharge the
duties of the office, then those members of the city or town
council or commission available for duty shall by majority
vote select one of their number to act as the executive head
of such city or town. In the event enemy attack reduces the
number of city or town councilmembers or commission
members, then those members available for duty shall have
full power to act by majority vote of those present. [1981
c 213 § 8; 1963 c 203 § 6.]
42.14.060 Appointed officers of the state. The
governor shall, subject to such rules and regulations as he
may adopt, permit each appointed officer of the state to
designate temporary interim successors to the office of such
officer. [1963 c 203 § 7.]
42.14.070 Officers of political subdivisions. The
legislative authority of each political subdivision, subject to
the provisions of this chapter, shall adopt rules and regulations providing for appointment of temporary interim
successors to the elected and appointed offices of the
political subdivisions. [1963 c 203 § 8.]
(2002 Ed.)
42.14.030
42.14.075 Meetings of governing bodies of political
subdivisions at other than usual places. Whenever, due to
a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the
affairs of a political subdivision at the regular or usual place
or places, the governing body of the political subdivision
may meet at any place within or without the territorial limits
of the political subdivision on the call of the presiding
official or any two members of the governing body. After
any emergency relocation, the affairs of political subdivisions
shall be lawfully conducted at such emergency temporary
location or locations for the duration of the emergency.
[1969 ex.s. c 106 § 2.]
42.14.900 Short title. This act shall be known as the
"continuity of government act." [1963 c 203 § 1.]
42.14.910 Severability—1963 c 203. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1963 c 203 § 9.]
Chapter 42.16
SALARIES AND FEES
Sections
42.16.010
Salaries paid twice each month—Policies and procedures to
assure full payment—Exceptions.
42.16.011 State payroll revolving account, agency payroll revolving
fund—Use.
42.16.012 State payroll revolving account, agency payroll revolving
fund—Disbursements—Sources.
42.16.013 Transfers to state payroll revolving account—Certification
by agencies or director of financial management.
42.16.014 Disbursements by warrants—Certifications.
42.16.015 Cancellation of warrants—Transfer of increased balance
amounts in state payroll revolving account.
42.16.016 Cancellation of warrants—Refund of increased balance
amounts in agency payroll revolving fund.
42.16.017 Payroll preparation and accounting—Establishment of policies, procedures, and paydates.
42.16.020 Salaried officers not to receive witness fees—Exceptions.
42.16.030 Disposition of fees.
42.16.040 Official fees payable in advance.
Boards and commissions, state, part-time, compensation: RCW 43.03.220
through 43.03.250.
Cities
commission form, salaries: RCW 35.17.108.
council-manager plan, salaries: RCW 35.18.220.
optional municipal code
council-manager plan, compensation: RCW 35A.13.040.
mayor-council plan, compensation: RCW 35A.12.070.
Commissioner of public lands
fees: RCW 79.01.720.
salary: State Constitution Art. 3 § 23; RCW 43.03.010.
Compensation not to be increased or diminished during term of office:
State Constitution Art. 2 § 13; Art. 2 § 25; Art. 3 § 25 (Amendment
31); Art. 4 § 13; Art. 11 § 8; Art. 28 § 1 (Amendment 20).
County officers, compensation: State Constitution Art. 11 § 8.
County officers, fees: Chapter 36.18 RCW.
County officers, salaries: Chapter 36.17 RCW.
County sheriff, fees payable in advance: RCW 36.28.040.
Court commissioners, salary: RCW 2.24.030.
[Title 42 RCW—page 7]
Chapter 42.16
Title 42 RCW: Public Officers and Agencies
Courts of limited jurisdiction, salaries and fees: State Constitution Art. 4
§ 10 (Amendment 28).
Elected officials, executive branch, salaries: RCW 43.03.011.
Election officials, fees: RCW 29.45.120.
Judges, salaries: RCW 43.03.012.
Judicial officers, salaries, how paid, etc.: State Constitution Art. 4 § 13.
Justices of supreme court, salaries: State Constitution Art. 4 § 14.
Legislators, salaries: RCW 43.03.013.
Militia, salaries and pay: RCW 38.24.050.
Municipal court judges, salaries: RCW 35.20.160.
Reformatory chief executive officer, salary: RCW 72.01.060.
Secretary of state, fees: RCW 43.07.120.
Secretary of transportation, salary: RCW 47.01.041.
State appointive officers, governor may fix salaries, maximum: RCW
43.03.040.
State boards and commissions, part-time, compensation: RCW 43.03.220
through 43.03.250.
State committee on agency officials’ salaries: RCW 43.03.028.
State elective officers, salaries: RCW 43.03.011.
Superior court reporters, salaries: RCW 2.32.210.
Supreme court reporter, salary: State Constitution Art. 4 § 18; Rules of
court: SAR 17(1).
University of Washington, disposition of fees: RCW 28B.15.210,
28B.15.220.
Utilities and transportation commission, salaries: RCW 80.01.010.
Washington State University, disposition of fees: RCW 28B.15.310.
42.16.010 Salaries paid twice each month—Policies
and procedures to assure full payment—Exceptions. (1)
Except as provided otherwise in subsection (2) of this
section, all state officers and employees shall be paid for
services rendered from the first day of the month through the
fifteenth day of the month and for services rendered from the
sixteenth day of the month through the last calendar day of
the month. Paydates for these two pay periods shall be
established by the director of financial management through
the administrative hearing process and the official paydates
shall be established six months prior to the beginning of
each subsequent calendar year. Under no circumstance shall
the paydate be established more than ten days after the pay
period in which the wages are earned except when the
designated paydate falls on Sunday, in which case the
paydate shall not be later than the following Monday.
Payment shall be deemed to have been made by the established paydates if: (a) The salary warrant is available at the
geographic work location at which the warrant is normally
available to the employee; or (b) the salary has been electronically transferred into the employee’s account at the
employee’s designated financial institution; or (c) the salary
warrants are mailed at least two days before the established
paydate for those employees engaged in work in remote or
varying locations from the geographic location at which the
payroll is prepared, provided that the employee has requested
payment by mail.
The office of financial management shall develop the
necessary policies and operating procedures to assure that all
remuneration for services rendered including basic salary,
shift differential, standby pay, overtime, penalty pay, salary
due based on contractual agreements, and special pay
provisions, as provided for by law, Washington personnel
resources board rules, agency policy or rule, or contract,
shall be available to the employee on the designated paydate.
[Title 42 RCW—page 8]
Overtime, penalty pay, and special pay provisions may be
paid by the next following paydate if the postponement of
payment is attributable to: The employee’s not making a
timely or accurate report of the facts which are the basis for
the payment, or the employer’s lack of reasonable opportunity to verify the claim.
Compensable benefits payable because of separation
from state service shall be paid with the earnings for the
final period worked unless the employee separating has not
provided the agency with the proper notification of intent to
terminate.
One-half of the employee’s basic monthly salary shall
be paid in each pay period. Employees paid on an hourly
basis or employees who work less than a full pay period
shall be paid for actual salary earned.
(2) Subsection (1) of this section shall not apply in
instances where it would conflict with contractual rights or,
with the approval of the office of financial management, to
short-term, intermittent, noncareer state employees, to
student employees of institutions of higher education, and to
liquor control agency managers who are paid a percentage of
monthly liquor sales. [1993 c 281 § 42; 1983 1st ex.s. c 28
§ 1; 1979 c 151 § 68; 1969 c 59 § 1; 1967 ex.s. c 25 § 1;
1891 c 130 § 1; RRS § 10965.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Application—1983 1st ex.s. c 28: "This act applies to pay periods
beginning January 1, 1984." [1983 1st ex.s. c 28 § 8.]
Effective date—1967 ex.s. c 25: "This 1967 amendatory act shall
take effect July 1, 1967: PROVIDED, That the budget director may by
regulation postpone the operation of the act for any reasonable time, not
extending beyond the 1967-1969 biennium, to facilitate an orderly transition
in state payroll procedures." [1967 ex.s. c 25 § 9.] For codification of
1967 ex.s. c 25, see Codification Tables, Volume 0. "Budget director"
redesignated "director of financial management"; see RCW 43.41.035 and
43.41.940.
42.16.011 State payroll revolving account, agency
payroll revolving fund—Use. A state payroll revolving
account and an agency payroll revolving fund are created in
the state treasury, for the payment of compensation to
employees and officers of the state and distribution of all
amounts withheld therefrom pursuant to law and amounts
authorized by employees to be withheld pursuant to law; also
for the payment of the state’s contributions for retirement
and insurance and other employee benefits: PROVIDED,
That the utilization of the state payroll revolving account
shall be optional except for agencies whose payrolls are
prepared under a centralized system established pursuant to
regulations of the director of financial management:
PROVIDED FURTHER, That the utilization of the agency
payroll revolving fund shall be optional for agencies whose
operations are funded in whole or part other than by funds
appropriated from the state treasury. [1985 c 57 § 25; 1981
c 9 § 1; 1979 c 151 § 69; 1969 c 59 § 2; 1967 ex.s. c 25 §
2.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Transfer from state payroll revolving fund: "All moneys in the
state treasury to the credit of the state payroll revolving fund shall be
transferred on the effective date of this act to the state payroll revolving
account." [1981 c 9 § 7.] The effective date of 1981 c 9 was February 27,
1981.
(2002 Ed.)
Salaries and Fees
42.16.012 State payroll revolving account, agency
payroll revolving fund—Disbursements—Sources. The
amounts to be disbursed from the state payroll revolving
account from time to time on behalf of agencies utilizing
such account shall be transferred thereto by the state treasurer from appropriated funds properly chargeable with the
disbursement for the purposes set forth in RCW 42.16.011,
on or before the day prior to scheduled disbursement. The
amounts to be disbursed from the agency payroll revolving
fund from time to time on behalf of agencies electing to
utilize such fund shall be deposited therein by such agencies
from funds held by the agency pursuant to law outside the
state treasury and properly chargeable with the disbursement
for the purposes set forth in RCW 42.16.011, on or before
the day prior to scheduled disbursement. [1981 c 9 § 2;
1967 ex.s. c 25 § 3.]
42.16.013 Transfers to state payroll revolving
account—Certification by agencies or director of financial management. The state treasurer shall make such
transfers to the state payroll revolving account in the
amounts to be disbursed as certified by the respective
agencies: PROVIDED, That if the payroll is prepared on
behalf of an agency from data authenticated and certified by
the agency under a centralized system established pursuant
to regulation of the director of financial management, the
state treasurer shall make the transfer upon the certification
of the head of the agency preparing the centralized payroll
or his designee. [1981 c 9 § 3; 1979 c 151 § 70; 1969 c 59
§ 3; 1967 ex.s. c 25 § 4.]
42.16.014
Disbursements by warrants—
Certifications. Disbursements from the revolving account
and fund created by RCW 42.16.010 through 42.16.017 shall
be by warrant in accordance with the provisions of RCW
43.88.160: PROVIDED, That when the payroll is prepared
under a centralized system established pursuant to regulations of the director of financial management, disbursements
on behalf of the agency shall be certified by the head of the
agency preparing the centralized payroll or his designee:
PROVIDED FURTHER, That disbursements from a centralized paying agency representing amounts withheld, and/or
contributions, for payment to any individual payee on behalf
of several agencies, may be by single warrant representing
the aggregate amounts payable by all such agencies to such
payee. The procedure for disbursement and certification of
these aggregate amounts shall be established by the director
of financial management.
All payments to employees or other payees, from the
revolving account and fund created by RCW 42.16.010
through 42.16.017, whether certified by an agency or by the
director of financial management on behalf of such agency,
shall be made wherever possible by a single warrant reflecting on its face the amount charged to each revolving account
and fund. [1981 c 9 § 4; 1979 c 151 § 71; 1969 c 59 § 4;
1967 ex.s. c 25 § 5.]
42.16.015 Cancellation of warrants—Transfer of
increased balance amounts in state payroll revolving
account. All amounts increasing the balance in the state
payroll revolving account, as a result of the cancellation of
(2002 Ed.)
42.16.012
warrants issued therefrom shall be transferred by the state
treasurer to the fund from which the canceled warrant would
originally have been paid except for the provisions of RCW
42.16.010 through 42.16.017. [1981 c 9 § 5; 1967 ex.s. c 25
§ 6.]
42.16.016 Cancellation of warrants—Refund of
increased balance amounts in agency payroll revolving
fund. All amounts increasing the balance in the agency
payroll revolving fund, as a result of the cancellation of
warrants issued therefrom shall be refunded by the state
treasurer to the appropriate state agency. The refund shall
be deposited by the agency to the fund from which such
amount was originally withdrawn for deposit in the agency
payroll revolving fund. [1967 ex.s. c 25 § 7.]
42.16.017 Payroll preparation and accounting—
Establishment of policies, procedures, and paydates. The
director of financial management shall adopt the necessary
policies and procedures to implement RCW 42.16.010
through 42.16.017, including the establishment of paydates.
Such paydates shall conform to RCW 42.16.010. The
director of financial management shall have approval over all
agency and state payroll systems and shall determine the
payroll systems to be used by state agencies to ensure the
implementation of RCW 42.16.010 and 41.04.232: PROVIDED, That for purposes of the central personnel payroll
system, the provisions of RCW 41.07.020 shall apply. [1998
c 245 § 45; 1983 1st ex.s. c 28 § 6; 1979 c 151 § 72; 1967
ex.s. c 25 § 8.]
Application—1983 1st ex.s. c 28: See note following RCW
42.16.010.
42.16.020 Salaried officers not to receive witness
fees—Exceptions. No state, county, municipal or other
public officer within the state of Washington, who receives
from the state, or from any county or municipality therein,
a fixed and stated salary as compensation for services
rendered as such public officer shall be allowed or paid any
per diem for attending or testifying on behalf of the state of
Washington, or any county or municipality therein, at any
trial or other judicial proceeding, in any state, county or
municipal court within this state; nor shall such officer, in
any case, be allowed nor paid any per diem for attending or
testifying in any state or municipal court of this state, in
regard to matters and information that have come to his
knowledge in connection with and as a result of the performance of his duties as a public officer as aforesaid: Provided, This section shall not apply when any deduction shall be
made from the regular salary of such officer by reason of his
being in attendance upon the superior court, but in such
cases regular witness fees shall be paid; and further, that if
a public officer be subpoenaed and required to appear or
testify in judicial proceedings in a county other than that in
which he resides, then said public officer shall be entitled to
receive per diem and mileage as provided by statute in other
cases; and, provided further, that this section shall not apply
to police officers when called as witnesses in the superior
courts during hours when they are off duty as such officers.
A law enforcement officer who has issued a notice of traffic
infraction is not entitled to receive witness fees or mileage
[Title 42 RCW—page 9]
42.16.020
Title 42 RCW: Public Officers and Agencies
in a contested traffic infraction case. [1981 c 19 § 3; 1903
c 10 § 1; 1901 c 101 § 1; RRS § 499.]
Severability—1981 c 19: See note following RCW 46.63.020.
42.16.030 Disposition of fees. All officers enumerated in *this section, who are paid a salary in lieu of fees,
shall collect the fees herein prescribed for the use of the
state or county, as the case may be, and shall pay the same
into the state or county treasury, as the case may be, on the
first Monday of each month. [1907 c 56 § 1, part; RRS §
4217. Prior: 1903 c 151 § 1, part; 1893 c 130 § 1, part.]
*Reviser’s note: The term "this section" refers to 1907 c 56 § 1, of
which RCW 42.16.030 is but a part. The other parts of 1907 c 56 § 1, as
amended, are codified as RCW 2.32.070 (supreme court clerk’s fees),
2.40.010 (witnesses’ fees), 36.18.020 (superior court clerks’ fees), 36.18.040
(sheriff’s fees), 36.18.010 (county auditor’s fees), 36.18.030 (county
coroner’s fees), 2.36.150 (jurors’ fees), 3.16.100 (constables’ fees), and
42.28.090 (notaries’ fees).
Daily remittance of moneys to state treasury required: RCW 43.01.050.
42.16.040 Official fees payable in advance. All fees
are invariably due in advance where demanded by the officer
required to perform any official act, and no officer shall be
required to perform any official act unless his fees are paid
when he demands the same: PROVIDED, This section shall
not apply when the officer performs any official act for his
county or the state. [Code 1881 § 2099; 1869 p 374 § 21;
RRS § 505. Formerly codified as RCW 42.04.050.]
County officers, fees payable in advance: RCW 36.18.060.
County sheriff, demand of fees payable in advance: RCW 36.28.040.
Chapter 42.17
DISCLOSURE—CAMPAIGN FINANCES—
LOBBYING—RECORDS
Sections
42.17.010
42.17.020
Declaration of policy.
Definitions.
CAMPAIGN FINANCING
42.17.030
42.17.035
42.17.040
42.17.050
42.17.060
42.17.065
42.17.067
42.17.070
42.17.080
42.17.090
42.17.095
42.17.100
42.17.103
42.17.105
42.17.110
42.17.120
42.17.125
42.17.128
42.17.130
42.17.131
42.17.135
Applicability—Exceptions.
Conservation district exception.
Statement of organization by political committees.
Treasurer—Depositories.
Deposit of contributions—Investment—Unidentified contributions—Cash contributions.
Filing and reporting by continuing political committee.
Fund-raising activities—Alternative reporting method.
Expenditures—Authorization of and restrictions on.
Reporting of contributions and expenditures—Inspection of
accounts.
Contents of report.
Disposal of surplus funds.
Special reports—Independent expenditures.
Special reports—Political advertising.
Special reports—Late contributions or large totals—Certain
late contributions prohibited.
Commercial advertisers—Public inspection of documents—
Copies to commission.
Identification of contributions and communications.
Personal use of contributions—When permitted.
Use of public funds for political purposes.
Forbids use of public office or agency facilities in campaigns.
Exemption from RCW 42.17.130.
Earmarked contributions.
[Title 42 RCW—page 10]
LOBBYIST REPORTING
42.17.150
42.17.155
42.17.160
42.17.170
42.17.172
42.17.175
42.17.180
42.17.190
42.17.200
42.17.210
42.17.220
42.17.230
Registration of lobbyists.
Photograph and information—Booklet—Publication.
Exemption from registration.
Reporting by lobbyists.
Notification to person named in report.
Special reports—Lobbyists—Late contributions or large
totals.
Reports by employers of registered lobbyists, other persons.
Legislative activities of state agencies, other units of government, elective officials, employees.
Grass roots lobbying campaigns.
Employment of legislators, board or commission members,
or state employees—Statement, contents and filing.
Employment of unregistered persons.
Lobbyists’ duties, restrictions.
REPORTING OF PUBLIC OFFICIALS’ FINANCIAL AFFAIRS
42.17.240
42.17.2401
42.17.241
42.17.242
42.17.243
Elected and appointed officials, candidates, and appointees—Reports of financial affairs and gifts.
"Executive state officer" defined.
Contents of report.
Concealing identity of source of payment prohibited—
Exception.
Public office fund—What constitutes, restrictions on use—
Reporting of—Disposal of remaining funds.
REPORTING BY PUBLIC TREASURERS
42.17.245
Public accounts of governmental entities held by financial
institutions—Statements and reports—Contents—Filing.
PUBLIC RECORDS
42.17.250
42.17.251
42.17.255
42.17.258
42.17.260
42.17.270
42.17.280
42.17.290
42.17.295
42.17.300
42.17.305
42.17.310
42.17.311
42.17.312
42.17.313
42.17.314
42.17.315
42.17.316
42.17.317
42.17.318
42.17.319
42.17.31901
42.17.31902
42.17.31903
42.17.31904
42.17.31905
42.17.31906
42.17.31907
42.17.31908
42.17.31909
42.17.31910
Duty to publish procedures.
Construction.
Invasion of privacy, when.
Disclaimer of public liability.
Documents and indexes to be made public.
Facilities for copying—Availability of public records.
Times for inspection and copying.
Protection of public records—Public access.
Destruction of information relating to employee misconduct.
Charges for copying.
Other provisions not superseded.
Certain personal and other records exempt.
Duty to disclose or withhold information—Otherwise provided.
Medical records—Health care information.
Application for license or small loan endorsement under
chapter 31.45 RCW—Certain information exempt.
Electrical utility records, request by law enforcement agency.
Certain records obtained by colleges, universities, libraries,
or archives exempt.
Certain records of impaired physician program exempt.
Information on commercial fertilizer distribution exempt.
Information on concealed pistol licenses exempt.
Certain records of department of community, trade, and
economic development exempt.
Identity of child victims of sexual assault exempt.
Infant mortality review.
Identification of viators regulated by the insurance commissioner exempt.
Insurance antifraud plans exempt.
Insurance information on certain material transactions exempt.
Fireworks records exempt.
Agricultural business and commodity board and commission records exempt.
Business information gathered under certain regulatory
activities exempt.
American ginseng growers or dealers—Certain information
exempt.
Uniform Disciplinary Act complaints exempt.
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
42.17.31911 Examination reports and information from financial institutions exempt.
42.17.31912 Motor carrier information systems.
42.17.31913 Marine employees salary surveys.
42.17.31914 Rail fixed guideway system—Safety and security program
plan.
42.17.31915 Service contract providers—Financial reports exempt.
42.17.31916 Insurance information.
42.17.31917 Insurance information—Proprietary or trade secret.
42.17.31918 Agriculture records exempt—Apple merchants.
42.17.320
Prompt responses required.
42.17.325
Review of agency denial.
42.17.330
Court protection of public records.
42.17.340
Judicial review of agency actions.
42.17.341
Application of RCW 42.17.340.
42.17.348
Explanatory pamphlet.
ADMINISTRATION AND ENFORCEMENT
42.17.350
42.17.430
42.17.440
42.17.450
42.17.460
42.17.461
42.17.463
42.17.465
42.17.467
42.17.469
42.17.471
Public disclosure commission—Established—
Membership—Prohibited activities—Compensation,
travel expenses.
Commission—Duties.
Toll-free telephone number.
Audits and investigations.
Web site for commission documents.
Electronic filing—Availability.
Electronic filing—When required.
Commission—Additional powers.
Reports filed with county elections official—Rules governing.
Secretary of state, attorney general—Duties.
Civil remedies and sanctions.
Violations—Determination by commission—Procedure.
Procedure upon petition for enforcement of order of commission—Court’s order of enforcement.
Enforcement.
Suspension, reapplication of reporting requirements in small
political subdivisions.
Limitation on actions.
Date of mailing deemed date of receipt—Exceptions—
Electronic filings.
Certification of reports.
Statements and reports public records.
Duty to preserve statements and reports.
Access to reports—Legislative intent.
Access goals.
Access performance measures.
Information technology plan—Contents.
Information technology plan—Consultation.
Information technology plan—Submission.
Access performance reports.
42.17.505
42.17.510
42.17.520
42.17.530
42.17.540
42.17.550
Definitions.
Identification of sponsor—Exemptions.
Picture of candidate.
False political advertising.
Responsibility for compliance.
Independent expenditure disclosure.
42.17.360
42.17.362
42.17.365
42.17.367
42.17.369
42.17.3691
42.17.370
42.17.375
42.17.380
42.17.390
42.17.395
42.17.397
42.17.400
42.17.405
42.17.410
42.17.420
POLITICAL ADVERTISING
CAMPAIGN CONTRIBUTION LIMITATIONS
42.17.610
42.17.620
42.17.640
42.17.650
42.17.660
42.17.670
42.17.680
42.17.690
42.17.700
42.17.710
42.17.720
42.17.730
42.17.740
(2002 Ed.)
Findings.
Intent.
Limits specified—Exemptions.
Attribution and aggregation of family contributions.
Attribution of contributions by controlled entities.
Attribution of contributions generally—"Earmarking."
Limitations on employers or labor organizations.
Changing monetary limits.
Contributions before December 3, 1992.
Time limit for state official to solicit or accept contributions.
Restriction on loans.
Contributions on behalf of another.
Certain contributions required to be by written instrument.
42.17.750
42.17.760
42.17.770
42.17.780
42.17.790
Chapter 42.17
Solicitation of contributions by public officials or employees.
Agency shop fees as contributions.
Solicitation of endorsement fees.
Reimbursement for contributions.
Prohibition on use of contributions for a different office.
TECHNICAL PROVISIONS
42.17.900
Effective date—1973 c 1.
42.17.910
Severability—1973 c 1.
42.17.911
Severability—1975 1st ex.s. c 294.
42.17.912
Severability—1975-’76 2nd ex.s. c 112.
42.17.920
Construction—1973 c 1.
42.17.930
Chapter, section headings not part of law.
42.17.940
Repealer—1973 c 1.
42.17.945
Construction—1975-’76 2nd ex.s. c 112.
42.17.950
Captions.
42.17.955
Short title—1993 c 2.
42.17.960
Effective date—1995 c 397.
42.17.961
Captions—1995 c 397.
42.17.962
Severability—1995 c 397.
Basic health plan records: RCW 70.47.150.
Boundary changes, factual information on: RCW 35.21.890.
Family and children’s ombudsman: RCW 43.06A.050.
Heating oil pollution liability protection act, certain information exempt
from chapter 42.17 RCW: RCW 70.149.090.
Private and confidential information—Requests for disclosure: RCW
50.13.015.
Secretary of state, materials specifically authorized to be printed and
distributed by: RCW 43.07.140.
42.17.010 Declaration of policy. It is hereby declared
by the sovereign people to be the public policy of the state
of Washington:
(1) That political campaign and lobbying contributions
and expenditures be fully disclosed to the public and that
secrecy is to be avoided.
(2) That the people have the right to expect from their
elected representatives at all levels of government the utmost
of integrity, honesty, and fairness in their dealings.
(3) That the people shall be assured that the private
financial dealings of their public officials, and of candidates
for those offices, present no conflict of interest between the
public trust and private interest.
(4) That our representative form of government is
founded on a belief that those entrusted with the offices of
government have nothing to fear from full public disclosure
of their financial and business holdings, provided those
officials deal honestly and fairly with the people.
(5) That public confidence in government at all levels
is essential and must be promoted by all possible means.
(6) That public confidence in government at all levels
can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and
decisions.
(7) That the concept of attempting to increase financial
participation of individual contributors in political campaigns
is encouraged by the passage of the Revenue Act of 1971 by
the Congress of the United States, and in consequence
thereof, it is desirable to have implementing legislation at the
state level.
(8) That the concepts of disclosure and limitation of
election campaign financing are established by the passage
of the Federal Election Campaign Act of 1971 by the
Congress of the United States, and in consequence thereof it
[Title 42 RCW—page 11]
42.17.010
Title 42 RCW: Public Officers and Agencies
is desirable to have implementing legislation at the state
level.
(9) That small contributions by individual contributors
are to be encouraged, and that not requiring the reporting of
small contributions may tend to encourage such contributions.
(10) That the public’s right to know of the financing of
political campaigns and lobbying and the financial affairs of
elected officials and candidates far outweighs any right that
these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy
and of the desirability of the efficient administration of
government, full access to information concerning the
conduct of government on every level must be assured as a
fundamental and necessary precondition to the sound
governance of a free society.
The provisions of this chapter shall be liberally construed to promote complete disclosure of all information
respecting the financing of political campaigns and lobbying,
and the financial affairs of elected officials and candidates,
and full access to public records so as to assure continuing
public confidence of fairness of elections and governmental
processes, and so as to assure that the public interest will be
fully protected. In promoting such complete disclosure,
however, this chapter shall be enforced so as to insure that
the information disclosed will not be misused for arbitrary
and capricious purposes and to insure that all persons
reporting under this chapter will be protected from harassment and unfounded allegations based on information they
have freely disclosed. [1975 1st ex.s. c 294 § 1; 1973 c 1
§ 1 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.020 Definitions. (1) "Agency" includes all state
agencies and all local agencies. "State agency" includes
every state office, department, division, bureau, board,
commission, or other state agency. "Local agency" includes
every county, city, town, municipal corporation, quasimunicipal corporation, or special purpose district, or any
office, department, division, bureau, board, commission, or
agency thereof, or other local public agency.
(2) "Authorized committee" means the political committee authorized by a candidate, or by the public official
against whom recall charges have been filed, to accept
contributions or make expenditures on behalf of the candidate or public official.
(3) "Ballot proposition" means any "measure" as defined
by RCW 29.01.110, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the
state or any municipal corporation, political subdivision, or
other voting constituency from and after the time when the
proposition has been initially filed with the appropriate
election officer of that constituency prior to its circulation
for signatures.
(4) "Benefit" means a commercial, proprietary, financial,
economic, or monetary advantage, or the avoidance of a
commercial, proprietary, financial, economic, or monetary
disadvantage.
(5) "Bona fide political party" means:
[Title 42 RCW—page 12]
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29.24
RCW;
(b) The governing body of the state organization of a
major political party, as defined in RCW 29.01.090, that is
the body authorized by the charter or bylaws of the party to
exercise authority on behalf of the state party; or
(c) The county central committee or legislative district
committee of a major political party. There may be only
one legislative district committee for each party in each
legislative district.
(6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
(7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee,
pursuant to RCW 42.17.050, to perform the duties specified
in that section.
(8) "Candidate" means any individual who seeks
nomination for election or election to public office. An
individual seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or
reserves space or facilities with intent to promote his or her
candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast
time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on
behalf of the individual any of the actions in (a) or (c) of
this subsection.
(9) "Caucus political committee" means a political
committee organized and maintained by the members of a
major political party in the state senate or state house of
representatives.
(10) "Commercial advertiser" means any person who
sells the service of communicating messages or producing
printed material for broadcast or distribution to the general
public or segments of the general public whether through the
use of newspapers, magazines, television and radio stations,
billboard companies, direct mail advertising companies,
printing companies, or otherwise.
(11) "Commission" means the agency established under
RCW 42.17.350.
(12) "Compensation" unless the context requires a
narrower meaning, includes payment in any form for real or
personal property or services of any kind: PROVIDED,
That for the purpose of compliance with RCW 42.17.241,
the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to
reimburse a public official for expenses incurred while the
official is engaged in the official business of the governmental entity.
(13) "Continuing political committee" means a political
committee that is an organization of continuing existence not
established in anticipation of any particular election campaign.
(14)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of
funds between political committees, or anything of value,
including personal and professional services for less than full
consideration;
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(ii) An expenditure made by a person in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate, a political committee, or their agents;
(iii) The financing by a person of the dissemination,
distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising
prepared by a candidate, a political committee, or its
authorized agent;
(iv) Sums paid for tickets to fund-raising events such as
dinners and parties, except for the actual cost of the
consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political
committee’s account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political
committee that is returned to the contributor within five
business days of the date on which it is received by the
candidate or political committee;
(iv) A news item, feature, commentary, or editorial in
a regularly scheduled news medium that is of primary
interest to the general public, that is in a news medium
controlled by a person whose business is that news medium,
and that is not controlled by a candidate or a political
committee;
(v) An internal political communication primarily
limited to the members of or contributors to a political party
organization or political committee, or to the officers,
management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(vi) The rendering of personal services of the sort
commonly performed by volunteer campaign workers, or
incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid
for by the worker. "Volunteer services," for the purposes of
this section, means services or labor for which the individual
is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or
yard or window signs displayed on a person’s own property
or property occupied by a person. However, a facility used
for such political advertising for which a rental charge is
normally made must be reported as an in-kind contribution
and counts towards any applicable contribution limit of the
person providing the facility;
(viii) Legal or accounting services rendered to or on
behalf of:
(A) A political party or caucus political committee if the
person paying for the services is the regular employer of the
person rendering such services; or
(B) A candidate or an authorized committee if the
person paying for the services is the regular employer of the
individual rendering the services and if the services are
solely for the purpose of ensuring compliance with state
election or public disclosure laws.
(c) Contributions other than money or its equivalent are
deemed to have a monetary value equivalent to the fair
market value of the contribution. Services or property or
rights furnished at less than their fair market value for the
purpose of assisting any candidate or political committee are
deemed a contribution. Such a contribution must be reported
(2002 Ed.)
42.17.020
as an in-kind contribution at its fair market value and counts
towards any applicable contribution limit of the provider.
(15) "Elected official" means any person elected at a
general or special election to any public office, and any
person appointed to fill a vacancy in any such office.
(16) "Election" includes any primary, general, or special
election for public office and any election in which a ballot
proposition is submitted to the voters: PROVIDED, That an
election in which the qualifications for voting include other
than those requirements set forth in Article VI, section 1
(Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this
chapter.
(17) "Election campaign" means any campaign in
support of or in opposition to a candidate for election to
public office and any campaign in support of, or in opposition to, a ballot proposition.
(18) "Election cycle" means the period beginning on the
first day of December after the date of the last previous
general election for the office that the candidate seeks and
ending on November 30th after the next election for the
office. In the case of a special election to fill a vacancy in
an office, "election cycle" means the period beginning on the
day the vacancy occurs and ending on November 30th after
the special election.
(19) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of
money or anything of value, and includes a contract,
promise, or agreement, whether or not legally enforceable,
to make an expenditure. The term "expenditure" also
includes a promise to pay, a payment, or a transfer of
anything of value in exchange for goods, services, property,
facilities, or anything of value for the purpose of assisting,
benefiting, or honoring any public official or candidate, or
assisting in furthering or opposing any election campaign.
For the purposes of this chapter, agreements to make
expenditures, contracts, and promises to pay may be reported
as estimated obligations until actual payment is made. The
term "expenditure" shall not include the partial or complete
repayment by a candidate or political committee of the
principal of a loan, the receipt of which loan has been properly reported.
(20) "Final report" means the report described as a final
report in RCW 42.17.080(2).
(21) "General election" for the purposes of RCW
42.17.640 means the election that results in the election of
a person to a state office. It does not include a primary.
(22) "Gift," is as defined in RCW 42.52.010.
(23) "Immediate family" includes the spouse, dependent
children, and other dependent relatives, if living in the
household. For the purposes of RCW 42.17.640 through
42.17.790, "immediate family" means an individual’s spouse,
and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild,
grandchild, parent, stepparent, grandparent, brother, half
brother, sister, or half sister of the individual’s spouse and
the spouse of any such person.
(24) "Independent expenditure" means an expenditure
that has each of the following elements:
(a) It is made in support of or in opposition to a
candidate for office by a person who is not (i) a candidate
[Title 42 RCW—page 13]
42.17.020
Title 42 RCW: Public Officers and Agencies
for that office, (ii) an authorized committee of that candidate
for that office, (iii) a person who has received the
candidate’s encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat
of any other candidate or candidates for that office, or (iv)
a person with whom the candidate has collaborated for the
purpose of making the expenditure, if the expenditure pays
in whole or in part for political advertising supporting that
candidate or promoting the defeat of any other candidate or
candidates for that office;
(b) The expenditure pays in whole or in part for
political advertising that either specifically names the
candidate supported or opposed, or clearly and beyond any
doubt identifies the candidate without using the candidate’s
name; and
(c) The expenditure, alone or in conjunction with
another expenditure or other expenditures of the same person
in support of or opposition to that candidate, has a value of
*five hundred dollars or more. A series of expenditures,
each of which is under five hundred dollars, constitutes one
independent expenditure if their cumulative value is five
hundred dollars or more.
(25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another
person unless the contribution is from the individual’s
employer, immediate family as defined for purposes of RCW
42.17.640 through 42.17.790, or an association to which the
individual belongs.
(b) A treasurer or a candidate is not an intermediary for
purposes of the committee that the treasurer or candidate
serves.
(c) A professional fund-raiser is not an intermediary if
the fund-raiser is compensated for fund-raising services at
the usual and customary rate.
(d) A volunteer hosting a fund-raising event at the
individual’s home is not an intermediary for purposes of that
event.
(26) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or
proposed in either house of the state legislature, and includes
any other matter that may be the subject of action by either
house or any committee of the legislature and all bills and
resolutions that, having passed both houses, are pending
approval by the governor.
(27) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the
legislature of the state of Washington, or the adoption or
rejection of any rule, standard, rate, or other legislative
enactment of any state agency under the state Administrative
Procedure Act, chapter 34.05 RCW. Neither "lobby" nor
"lobbying" includes an association’s or other organization’s
act of communicating with the members of that association
or organization.
(28) "Lobbyist" includes any person who lobbies either
in his or her own or another’s behalf.
(29) "Lobbyist’s employer" means the person or persons
by whom a lobbyist is employed and all persons by whom
he or she is compensated for acting as a lobbyist.
(30) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state, or local governmental entity or agency however
[Title 42 RCW—page 14]
constituted, candidate, committee, political committee,
political party, executive committee thereof, or any other
organization or group of persons, however organized.
(31) "Person in interest" means the person who is the
subject of a record or any representative designated by that
person, except that if that person is under a legal disability,
the term "person in interest" means and includes the parent
or duly appointed legal representative.
(32) "Political advertising" includes any advertising
displays, newspaper ads, billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations, or
other means of mass communication, used for the purpose of
appealing, directly or indirectly, for votes or for financial or
other support in any election campaign.
(33) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds
or property) having the expectation of receiving contributions
or making expenditures in support of, or opposition to, any
candidate or any ballot proposition.
(34) "Primary" for the purposes of RCW 42.17.640
means the procedure for nominating a candidate to state
office under chapter 29.18 or 29.21 RCW or any other
primary for an election that uses, in large measure, the
procedures established in chapter 29.18 or 29.21 RCW.
(35) "Public office" means any federal, state, county,
city, town, school district, port district, special district, or
other state political subdivision elective office.
(36) "Public record" includes any writing containing
information relating to the conduct of government or the
performance of any governmental or proprietary function
prepared, owned, used, or retained by any state or local
agency regardless of physical form or characteristics. For
the office of the secretary of the senate and the office of the
chief clerk of the house of representatives, public records
means legislative records as defined in RCW 40.14.100 and
also means the following: All budget and financial records;
personnel leave, travel, and payroll records; records of
legislative sessions; reports submitted to the legislature; and
any other record designated a public record by any official
action of the senate or the house of representatives.
(37) "Recall campaign" means the period of time
beginning on the date of the filing of recall charges under
RCW 29.82.015 and ending thirty days after the recall election.
(38) "State legislative office" means the office of a
member of the state house of representatives or the office of
a member of the state senate.
(39) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance
commissioner, superintendent of public instruction, state
auditor, or state treasurer.
(40) "State official" means a person who holds a state
office.
(41) "Surplus funds" mean, in the case of a political
committee or candidate, the balance of contributions that
remain in the possession or control of that committee or
candidate subsequent to the election for which the contributions were received, and that are in excess of the amount
necessary to pay remaining debts incurred by the committee
or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contri(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
butions remaining in the possession or control of the
committee that are in excess of the amount necessary to pay
all remaining debts when it makes its final report under
RCW 42.17.065.
(42) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording any form of communication or representation,
including, but not limited to, letters, words, pictures, sounds,
or symbols, or combination thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
motion picture, film and video recordings, magnetic or
punched cards, discs, drums, diskettes, sound recordings, and
other documents including existing data compilations from
which information may be obtained or translated.
As used in this chapter, the singular shall take the plural
and any gender, the other, as the context requires. [2002 c
75 § 1; 1995 c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c 18 §
1; 1990 c 139 § 2. Prior: 1989 c 280 § 1; 1989 c 175 § 89;
1984 c 34 § 5; 1979 ex.s. c 50 § 1; 1977 ex.s. c 313 § 1;
1975 1st ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative Measure
No. 276, approved November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the
Washington Administrative Code (WAC).
Legislative intent—1990 c 139: "The provisions of this act which
repeal the reporting requirements established by chapter 423, Laws of 1987
for registered lobbyists and employers of lobbyists are not intended to alter,
expand, or restrict whatsoever the definition of "lobby" or "lobbying"
contained in RCW 42.17.020 as it existed prior to the enactment of chapter
423, Laws of 1987." [1990 c 139 § 1.]
Effective date—1989 c 280: "This act shall take effect January 1,
1990." [1989 c 280 § 14.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1977 ex.s. c 313: "This 1977 amendatory act shall
take effect on January 1, 1978." [1977 ex.s. c 313 § 9.]
Severability—1977 ex.s. c 313: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 313 § 8.]
CAMPAIGN FINANCING
42.17.030 Applicability—Exceptions. The provisions
of this chapter relating to the financing of election campaigns shall apply in all election campaigns other than (1)
for precinct committee officer; (2) for a federal elective
office; and (3) for an office of a political subdivision of the
state that does not encompass a whole county and that
contains fewer than five thousand registered voters as of the
date of the most recent general election in the subdivision,
unless required by RCW 42.17.405(2) through (5). [1987 c
295 § 18; 1986 c 12 § 1; 1985 c 367 § 2; 1977 ex.s. c 313
§ 2; 1973 c 1 § 3 (Initiative Measure No. 276, approved
November 7, 1972).]
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
42.17.035 Conservation district exception. Elections
of conservation district supervisors held pursuant to chapter
89.08 RCW shall not be considered general or special
(2002 Ed.)
42.17.020
elections for purposes of the campaign disclosure and
personal financial affairs reporting requirements of this
chapter. Elected conservation district supervisors are not
considered elected officials for purposes of the annual
personal financial affairs reporting requirement of this chapter. [2002 c 43 § 4.]
Conservation district elections—Work group: "(1) A work group
on conservation district elections is created, comprised of seven members
who are appointed as follows:
(a) The chair who shall be a person with expertise and experience in
local elections, to be named by the president of a statewide organization of
county auditors; and
(b) Six members appointed by agreement of the president of the senate
and the speaker of the house of representatives with the following
qualifications:
(i) Two persons who are landowners and are currently conservation
district supervisors selected from a list nominated by a statewide association
representing conservation district supervisors;
(ii) Two persons who are landowners and are not currently conservation district supervisors, one whom is selected from a list nominated by a
statewide dairy organization and the other [of] whom is selected from a list
nominated by a statewide agricultural organization;
(iii) One person who is selected from a list nominated by a statewide
environmental organization and is knowledgeable about conservation district
operations; and
(iv) One person representing county governments selected from a list
nominated by the Washington association of counties.
(2) The work group shall conduct a review of conservation district
election procedures and prepare recommendations for changes and
improvements to the procedures including but not limited to:
(a) Defining eligibility requirements for holding the office of
conservation district supervisor;
(b) Determining what public agency should be responsible for
overseeing and certifying conservation district elections;
(c) Determining whether or not conservation district supervisors should
be required to report under chapter 42.17 RCW;
(d) Determining the cost of proposed changes and how the costs of
conservation district elections should be paid; and
(e) Determining what actions the conservation commission should take
in response to implementing the recommendations of the work group for
any elections conducted under chapter 89.08 RCW.
(3) The work group shall convene as soon as possible upon the
appointment of its members. The work group shall provide progress reports
as requested by the house of representatives committee on agriculture and
ecology and the senate committee on agriculture and international trade
during scheduled legislative committee assemblies or at other meetings of
these committees.
(4) The work group may conduct town hall meetings in different
regions of the state before submitting the recommendations to the legislature. The open public meetings act, chapter 42.30 RCW, applies to
meetings conducted under this section. The work group shall announce the
location and time of meetings.
(5) The work group shall provide a report of its findings and
recommendations to the secretary of the senate and the chief clerk of the
house of representatives by December 15, 2002.
(6) No additional funds may be appropriated for the purposes of the
work group or the report in this section.
(7) This section expires April 15, 2003." [2002 c 43 § 5.]
Intent—Effective date—2002 c 43: See notes following RCW
29.13.020.
42.17.040 Statement of organization by political
committees. (1) Every political committee, within two
weeks after its organization or, within two weeks after the
date when it first has the expectation of receiving contributions or making expenditures in any election campaign,
whichever is earlier, shall file a statement of organization
with the commission and with the county auditor or elections
officer of the county in which the candidate resides, or in the
case of any other political committee, the county in which
the treasurer resides. A political committee organized within
[Title 42 RCW—page 15]
42.17.040
Title 42 RCW: Public Officers and Agencies
the last three weeks before an election and having the
expectation of receiving contributions or making expenditures during and for that election campaign shall file a
statement of organization within three business days after its
organization or when it first has the expectation of receiving
contributions or making expenditures in the election campaign.
(2) The statement of organization shall include but not
be limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated
committees or other persons, and the nature of the relationship or affiliation;
(c) The names, addresses, and titles of its officers; or if
it has no officers, the names, addresses, and titles of its
responsible leaders;
(d) The name and address of its treasurer and depository;
(e) A statement whether the committee is a continuing
one;
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or opposing,
and, if the committee is supporting the entire ticket of any
party, the name of the party;
(g) The ballot proposition concerned, if any, and
whether the committee is in favor of or opposed to such
proposition;
(h) What distribution of surplus funds will be made, in
accordance with RCW 42.17.095, in the event of dissolution;
(i) The street address of the place and the hours during
which the committee will make available for public inspection its books of account and all reports filed in accordance
with RCW 42.17.080; and
(j) Such other information as the commission may by
regulation prescribe, in keeping with the policies and
purposes of this chapter.
(3) Any material change in information previously
submitted in a statement of organization shall be reported to
the commission and to the appropriate county elections
officer within the ten days following the change. [1989 c
280 § 2; 1982 c 147 § 1; 1977 ex.s. c 336 § 1; 1975 1st
ex.s. c 294 § 3; 1973 c 1 § 4 (Initiative Measure No. 276,
approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
Severability—1977 ex.s. c 336: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 336 § 8.]
Effective date—1973 c 1: See RCW 42.17.900.
42.17.050 Treasurer—Depositories. (1) Each
candidate, within two weeks after becoming a candidate, and
each political committee, at the time it is required to file a
statement of organization, shall designate and file with the
commission and the appropriate county elections officer the
names and addresses of:
(a) One legally competent individual, who may be the
candidate, to serve as a treasurer; and
(b) A bank, mutual savings bank, savings and loan
association, or credit union doing business in this state to
serve as depository and the name of the account or accounts
maintained in it.
[Title 42 RCW—page 16]
(2) A candidate, a political committee, or a treasurer
may appoint as many deputy treasurers as is considered
necessary and may designate not more than one additional
depository in each other county in which the campaign is
conducted. The candidate or political committee shall file
the names and addresses of the deputy treasurers and
additional depositories with the commission and the appropriate county elections officer.
(3) A candidate may not knowingly establish, use,
direct, or control more than one political committee for the
purpose of supporting that candidate during a particular
election campaign. This does not prohibit: (a) In addition
to a candidate’s having his or her own political committee,
the candidate’s participation in a political committee established to support a slate of candidates which includes the
candidate; or (b) joint fund-raising efforts by candidates
when a separate political committee is established for that
purpose and all contributions are disbursed to and accounted
for on a pro rata basis by the benefiting candidates.
(4)(a) A candidate or political committee may at any
time remove a treasurer or deputy treasurer or change a
designated depository.
(b) In the event of the death, resignation, removal, or
change of a treasurer, deputy treasurer, or depository, the
candidate or political committee shall designate and file with
the commission and the appropriate county elections officer
the name and address of any successor.
(5) No treasurer, deputy treasurer, or depository may be
deemed to be in compliance with the provisions of this
chapter until his name and address is filed with the commission and the appropriate county elections officer. [1989 c
280 § 3; 1985 c 367 § 3; 1982 c 147 § 2; 1973 c 1 § 5
(Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.060 Deposit of contributions—Investment—
Unidentified contributions—Cash contributions. (1) All
monetary contributions received by a candidate or political
committee shall be deposited by the treasurer or deputy
treasurer in a depository in an account established and
designated for that purpose. Such deposits shall be made
within five business days of receipt of the contribution.
(2) Political committees which support or oppose more
than one candidate or ballot proposition, or exist for more
than one purpose, may maintain multiple separate bank
accounts within the same designated depository for such
purpose: PROVIDED, That each such account shall bear the
same name followed by an appropriate designation which
accurately identifies its separate purpose: AND PROVIDED
FURTHER, That transfers of funds which must be reported
under *RCW 42.17.090(1)(d) may not be made from more
than one such account.
(3) Nothing in this section prohibits a candidate or
political committee from investing funds on hand in a
depository in bonds, certificates, tax-exempt securities, or
savings accounts or other similar instruments in financial
institutions or mutual funds other than the depository:
PROVIDED, That the commission and the appropriate
county elections officer is notified in writing of the initiation
and the termination of the investment: PROVIDED FURTHER, That the principal of such investment when terminat(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
ed together with all interest, dividends, and income derived
from the investment are deposited in the depository in the
account from which the investment was made and properly
reported to the commission and the appropriate county
elections officer prior to any further disposition or expenditure thereof.
(4) Accumulated unidentified contributions, other than
those made by persons whose names must be maintained on
a separate and private list by a political committee’s treasurer pursuant to RCW 42.17.090(1)(b), which total in excess
of one percent of the total accumulated contributions
received in the current calendar year or three hundred dollars
(whichever is more), may not be deposited, used, or expended, but shall be returned to the donor, if his identity can be
ascertained. If the donor cannot be ascertained, the contribution shall escheat to the state, and shall be paid to the state
treasurer for deposit in the state general fund.
(5) A contribution of more than fifty dollars in currency
may not be accepted unless a receipt, signed by the contributor and by the candidate, treasurer, or deputy treasurer, is
prepared and made a part of the campaign’s or political
committee’s financial records. [1989 c 280 § 4; 1987 c 268
§ 1; 1985 c 367 § 4; 1982 c 147 § 3; 1977 ex.s. c 313 § 3;
1975 1st ex.s. c 294 § 4; 1973 c 1 § 6 (Initiative Measure
No. 276, approved November 7, 1972).]
*Reviser’s note: RCW 42.17.090 was amended by 1989 c 280 § 9,
changing subsection (1)(d) to subsection (1)(e).
Effective date—1989 c 280: See note following RCW 42.17.020.
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.065 Filing and reporting by continuing
political committee. (1) In addition to the provisions of this
section, a continuing political committee shall file and report
on the same conditions and at the same times as any other
committee in accordance with the provisions of RCW
42.17.040, 42.17.050, and 42.17.060.
(2) A continuing political committee shall file with the
commission and the auditor or elections officer of the county
in which the committee maintains its office or headquarters
and if there is no such office or headquarters then in the
county in which the committee treasurer resides a report on
the tenth day of the month detailing its activities for the
preceding calendar month in which the committee has
received a contribution or made an expenditure: PROVIDED, That such report shall only be filed if either the total
contributions received or total expenditures made since the
last such report exceed two hundred dollars: PROVIDED
FURTHER, That after January 1, 2002, if the committee
files with the commission electronically, it need not also file
with the county auditor or elections officer. The report shall
be on a form supplied by the commission and shall include
the following information:
(a) The information required by RCW 42.17.090;
(b) Each expenditure made to retire previously accumulated debts of the committee; identified by recipient, amount,
and date of payments;
(c) Such other information as the commission shall by
rule prescribe.
(3) If a continuing political committee shall make a
contribution in support of or in opposition to a candidate or
ballot proposition within sixty days prior to the date on
(2002 Ed.)
42.17.060
which such candidate or ballot proposition will be voted
upon, such continuing political committee shall report
pursuant to RCW 42.17.080.
(4) A continuing political committee shall file reports as
required by this chapter until it is dissolved, at which time
a final report shall be filed. Upon submitting a final report,
the duties of the campaign treasurer shall cease and there
shall be no obligation to make any further reports.
(5) The campaign treasurer shall maintain books of
account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt
or expenditure. During the eight days immediately preceding
the date of any election, for which the committee has
received any contributions or made any expenditures, the
books of account shall be kept current within one business
day and shall be open for public inspection in the same
manner as provided for candidates and other political
committees in RCW 42.17.080(5).
(6) All reports filed pursuant to this section shall be
certified as correct by the campaign treasurer.
(7) The campaign treasurer shall preserve books of
account, bills, receipts, and all other financial records of the
campaign or political committee for not less than five
calendar years following the year during which the transaction occurred. [2000 c 237 § 1; 1989 c 280 § 5; 1982 c 147
§ 4; 1975 1st ex.s. c 294 § 5.]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.067 Fund-raising activities—Alternative
reporting method. (1) Fund-raising activities which meet
the standards of subsection (2) of this section may be
reported in accordance with the provisions of this section in
lieu of reporting in accordance with RCW 42.17.080.
(2) Standards:
(a) The activity consists of one or more of the following:
(i) The retail sale of goods or services at a reasonable
approximation of the fair market value of each item or
service sold at the activity; or
(ii) A gambling operation which is licensed, conducted,
or operated in accordance with the provisions of chapter 9.46
RCW; or
(iii) A gathering where food and beverages are purchased, where the price of admission or the food and
beverages is no more than twenty-five dollars; or
(iv) A concert, dance, theater performance, or similar
entertainment event where the price of admission is no more
than twenty-five dollars; or
(v) An auction or similar sale where the total fair
market value of items donated by any person for sale is no
more than fifty dollars; and
(b) No person responsible for receiving money at such
activity knowingly accepts payments from a single person at
or from such an activity to the candidate or committee
aggregating more than fifty dollars unless the name and
address of the person making such payment together with the
amount paid to the candidate or committee are disclosed in
the report filed pursuant to subsection (6) of this section; and
(c) Such other standards as shall be established by rule
of the commission to prevent frustration of the purposes of
this chapter.
[Title 42 RCW—page 17]
42.17.067
Title 42 RCW: Public Officers and Agencies
(3) All funds received from a fund-raising activity
which conforms with subsection (2) of this section shall be
deposited within five business days of receipt by the treasurer or deputy treasurer in the depository.
(4) At the time reports are required under RCW
42.17.080, the treasurer or deputy treasurer making the
deposit shall file with the commission and the appropriate
county elections officer a report of the fund-raising activity
which shall contain the following information:
(a) The date of the activity;
(b) A precise description of the fund-raising methods
used in the activity; and
(c) The total amount of cash receipts from persons, each
of whom paid no more than fifty dollars.
(5) The treasurer or deputy treasurer shall certify the
report is correct.
(6) The treasurer shall report pursuant to RCW
42.17.080 and 42.17.090: (a) The name and address and the
amount contributed of each person who contributes goods or
services with a fair market value of more than fifty dollars
to a fund-raising activity reported under subsection (4) of
this section, and (b) the name and address of each person
whose identity can be ascertained, and the amount paid, from
whom were knowingly received payments to the candidate
or committee aggregating more than fifty dollars at or from
such a fund-raising activity. [1989 c 280 § 6; 1982 c 147 §
5; 1975-’76 2nd ex.s. c 112 § 9.]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.070 Expenditures—Authorization of and
restrictions on. No expenditures may be made or incurred
by any candidate or political committee except on the authority of the treasurer or the candidate, and a record of all
such expenditures shall be maintained by the treasurer.
No expenditure of more than fifty dollars may be made
in currency unless a receipt, signed by the recipient and by
the candidate or treasurer, is prepared and made a part of the
campaign’s or political committee’s financial records. [1989
c 280 § 7; 1985 c 367 § 5; 1973 c 1 § 7 (Initiative Measure
No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.080 Reporting of contributions and expenditures—Inspection of accounts. (1) On the day the treasurer
is designated, each candidate or political committee shall file
with the commission and the county auditor or elections
officer of the county in which the candidate resides, or in the
case of a political committee, the county in which the
treasurer resides, in addition to any statement of organization
required under RCW 42.17.040 or 42.17.050, a report of all
contributions received and expenditures made prior to that
date, if any.
(2) At the following intervals each treasurer shall file
with the commission and the county auditor or elections
officer of the county in which the candidate resides, or in the
case of a political committee, the county in which the committee maintains its office or headquarters, and if there is no
office or headquarters then in the county in which the
treasurer resides, a report containing the information required
by RCW 42.17.090:
[Title 42 RCW—page 18]
(a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election: PROVIDED, That this report shall not be required
following a primary election from:
(i) A candidate whose name will appear on the subsequent general election ballot; or
(ii) Any continuing political committee; and
(c) On the tenth day of each month in which no other
reports are required to be filed under this section: PROVIDED, That such report shall only be filed if the committee has
received a contribution or made an expenditure in the
preceding calendar month and either the total contributions
received or total expenditures made since the last such report
exceed two hundred dollars.
When there is no outstanding debt or obligation, and the
campaign fund is closed, and the campaign is concluded in
all respects, and in the case of a political committee, the
committee has ceased to function and has dissolved, the
treasurer shall file a final report. Upon submitting a final
report, the duties of the treasurer shall cease and there shall
be no obligation to make any further reports.
The report filed twenty-one days before the election
shall report all contributions received and expenditures made
as of the end of the fifth business day before the date of the
report. The report filed seven days before the election shall
report all contributions received and expenditures made as of
the end of the one business day before the date of the report.
Reports filed on the tenth day of the month shall report all
contributions received and expenditures made from the
closing date of the last report filed through the last day of
the month preceding the date of the current report.
(3) For the period beginning the first day of the fourth
month preceding the date on which the special or general
election is held and ending on the date of that election, each
Monday the treasurer shall file with the commission and the
appropriate county elections officer a report of each bank deposit made during the previous seven calendar days. The
report shall contain the name of each person contributing the
funds so deposited and the amount contributed by each
person. However, contributions of no more than twenty-five
dollars in the aggregate from any one person may be
deposited without identifying the contributor. A copy of the
report shall be retained by the treasurer for his or her
records. In the event of deposits made by a deputy treasurer,
the copy shall be forwarded to the treasurer for his or her records. Each report shall be certified as correct by the
treasurer or deputy treasurer making the deposit.
(4) If a city requires that candidates or committees for
city offices file reports with a city agency, the candidate or
treasurer so filing need not also file the report with the
county auditor or elections officer.
(5) The treasurer or candidate shall maintain books of
account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt
or expenditure. During the eight days immediately preceding
the date of the election the books of account shall be kept
current within one business day. As specified in the
committee’s statement of organization filed under RCW
42.17.040, the books of account must be open for public
inspection as follows:
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(a) For at least two consecutive hours between 8:00 a.m.
and 8:00 p.m. on the eighth day immediately before the
election, except when it is a legal holiday, in which case on
the seventh day immediately before the election, at the
principal headquarters or, if there is no headquarters, at the
address of the treasurer or such other place as may be
authorized by the commission; and
(b) By appointment for inspections to be conducted at
the designated place for inspections between 8:00 a.m. and
8:00 p.m. on any other day from the seventh day through the
day immediately before the election, other than Saturday,
Sunday, or a legal holiday. It is a violation of this chapter
for a candidate or political committee to refuse to allow and
keep an appointment for an inspection to be conducted
during these authorized times and days in the week prior to
the election. The appointment must be allowed at an
authorized time and day for such inspections that is within
twenty-four hours of the time and day that is requested for
the inspection.
(6) The treasurer or candidate shall preserve books of
account, bills, receipts, and all other financial records of the
campaign or political committee for not less than five
calendar years following the year during which the transaction occurred.
(7) All reports filed pursuant to subsection (1) or (2) of
this section shall be certified as correct by the candidate and
the treasurer.
(8) Copies of all reports filed pursuant to this section
shall be readily available for public inspection for at least
two consecutive hours Monday through Friday, excluding
legal holidays, between 8:00 a.m. and 8:00 p.m., as specified
in the committee’s statement of organization filed pursuant
to RCW 42.17.040, at the principal headquarters or, if there
is no headquarters, at the address of the treasurer or such
other place as may be authorized by the commission.
(9) After January 1, 2002, a report that is filed with the
commission electronically need not also be filed with the
county auditor or elections officer.
(10) The commission shall adopt administrative rules
establishing requirements for filer participation in any system
designed and implemented by the commission for the
electronic filing of reports. [2002 c 75 § 2; 2000 c 237 § 2;
1999 c 401 § 13; 1995 c 397 § 2; 1989 c 280 § 8; 1986 c 28
§ 1; 1982 c 147 § 6; 1975 1st ex.s. c 294 § 6; 1973 c 1 § 8
(Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.090 Contents of report. (1) Each report
required under RCW 42.17.080 (1) and (2) shall disclose the
following:
(a) The funds on hand at the beginning of the period;
(b) The name and address of each person who has made
one or more contributions during the period, together with
the money value and date of such contributions and the
aggregate value of all contributions received from each such
person during the campaign or in the case of a continuing
political committee, the current calendar year: PROVIDED,
That pledges in the aggregate of less than one hundred
dollars from any one person need not be reported: PROVIDED FURTHER, That the income which results from a
fund-raising activity conducted in accordance with RCW
(2002 Ed.)
42.17.080
42.17.067 may be reported as one lump sum, with the
exception of that portion of such income which was received
from persons whose names and addresses are required to be
included in the report required by RCW 42.17.067: PROVIDED FURTHER, That contributions of no more than
twenty-five dollars in the aggregate from any one person
during the election campaign may be reported as one lump
sum so long as the campaign treasurer maintains a separate
and private list of the name, address, and amount of each
such contributor: PROVIDED FURTHER, That the money
value of contributions of postage shall be the face value of
such postage;
(c) Each loan, promissory note, or security instrument
to be used by or for the benefit of the candidate or political
committee made by any person, together with the names and
addresses of the lender and each person liable directly,
indirectly or contingently and the date and amount of each
such loan, promissory note, or security instrument;
(d) All other contributions not otherwise listed or
exempted;
(e) The name and address of each candidate or political
committee to which any transfer of funds was made, together
with the amounts and dates of such transfers;
(f) The name and address of each person to whom an
expenditure was made in the aggregate amount of more than
fifty dollars during the period covered by this report, and the
amount, date, and purpose of each such expenditure. A
candidate for state executive or state legislative office or the
political committee of such a candidate shall report this
information for an expenditure under one of the following
categories, whichever is appropriate: (i) Expenditures for the
election of the candidate; (ii) expenditures for nonreimbursed
public office-related expenses; (iii) expenditures required to
be reported under (e) of this subsection; or (iv) expenditures
of surplus funds and other expenditures. The report of such
a candidate or committee shall contain a separate total of
expenditures for each category and a total sum of all
expenditures. Other candidates and political committees
need not report information regarding expenditures under the
categories listed in (i) through (iv) of this subsection or
under similar such categories unless required to do so by the
commission by rule. The report of such an other candidate
or committee shall also contain the total sum of all expenditures;
(g) The name and address of each person to whom any
expenditure was made directly or indirectly to compensate
the person for soliciting or procuring signatures on an
initiative or referendum petition, the amount of such compensation to each such person, and the total of the expenditures made for this purpose. Such expenditures shall be
reported under this subsection (1)(g) whether the expenditures are or are not also required to be reported under (f) of
this subsection;
(h) The name and address of any person and the amount
owed for any debt, obligation, note, unpaid loan, or other
liability in the amount of more than two hundred fifty dollars
or in the amount of more than fifty dollars that has been
outstanding for over thirty days;
(i) The surplus or deficit of contributions over expenditures;
(j) The disposition made in accordance with RCW
42.17.095 of any surplus funds;
[Title 42 RCW—page 19]
42.17.090
Title 42 RCW: Public Officers and Agencies
(k) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter; and
(l) Funds received from a political committee not
otherwise required to report under this chapter (a
"nonreporting committee"). Such funds shall be forfeited to
the state of Washington unless the nonreporting committee
has filed or within ten days following such receipt files with
the commission a statement disclosing: (i) Its name and
address; (ii) the purposes of the nonreporting committee; (iii)
the names, addresses, and titles of its officers or if it has no
officers, the names, addresses, and titles of its responsible
leaders; (iv) the name, office sought, and party affiliation of
each candidate in the state of Washington whom the
nonreporting committee is supporting, and, if such committee
is supporting the entire ticket of any party, the name of the
party; (v) the ballot proposition supported or opposed in the
state of Washington, if any, and whether such committee is
in favor of or opposed to such proposition; (vi) the name and
address of each person residing in the state of Washington
or corporation which has a place of business in the state of
Washington who has made one or more contributions in the
aggregate of more than twenty-five dollars to the
nonreporting committee during the current calendar year,
together with the money value and date of such contributions; (vii) the name and address of each person in the state
of Washington to whom an expenditure was made by the
nonreporting committee on behalf of a candidate or political
committee in the aggregate amount of more than fifty
dollars, the amount, date, and purpose of such expenditure,
and the total sum of such expenditures; (viii) such other
information as the commission may prescribe by rule, in
keeping with the policies and purposes of this chapter. A
nonreporting committee incurring an obligation to file
additional reports in a calendar year may satisfy the obligation by filing with the commission a letter providing updating or amending information.
(2) The treasurer and the candidate shall certify the correctness of each report. [1993 c 256 § 6; 1989 c 280 § 9.
Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c 96 § 1; 1982
c 147 § 7; 1977 ex.s. c 336 § 2; 1975-’76 2nd ex.s. c 112 §
3; 1975 1st ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure
No. 276, approved November 7, 1972).]
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
Effective date—1989 c 280: See note following RCW 42.17.020.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
Appearance of fairness doctrine—Application to candidates for public
office—Campaign contributions: RCW 42.36.040, 42.36.050.
42.17.095 Disposal of surplus funds. The surplus
funds of a candidate, or of a political committee supporting
or opposing a candidate, may only be disposed of in any one
or more of the following ways:
(1) Return the surplus to a contributor in an amount not
to exceed that contributor’s original contribution;
(2) Transfer the surplus to the candidate’s personal
account as reimbursement for lost earnings incurred as a
result of that candidate’s election campaign. Such lost
earnings shall be verifiable as unpaid salary or, when the
candidate is not salaried, as an amount not to exceed income
received by the candidate for services rendered during an
[Title 42 RCW—page 20]
appropriate, corresponding time period. All lost earnings
incurred shall be documented and a record thereof shall be
maintained by the candidate or the candidate’s political
committee. The committee shall include a copy of such
record when its expenditure for such reimbursement is
reported pursuant to RCW 42.17.090;
(3) Transfer the surplus without limit to a political party
or to a caucus political committee;
(4) Donate the surplus to a charitable organization
registered in accordance with chapter 19.09 RCW;
(5) Transmit the surplus to the state treasurer for deposit
in the general fund; or
(6) Hold the surplus in the campaign depository or
depositories designated in accordance with RCW 42.17.050
for possible use in a future election campaign for the same
office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED,
That if the candidate subsequently announces or publicly
files for office, information as appropriate is reported to the
commission in accordance with RCW 42.17.040 through
42.17.090. If a subsequent office is not sought the surplus
held shall be disposed of in accordance with the requirements of this section.
(7) Hold the surplus campaign funds in a separate
account for nonreimbursed public office-related expenses or
as provided in this section, and report any such disposition
in accordance with RCW 42.17.090. The separate account
required under this subsection shall not be used for deposits
of campaign funds that are not surplus.
(8) No candidate or authorized committee may transfer
funds to any other candidate or other political committee.
The disposal of surplus funds under this section shall
not be considered a contribution for purposes of this chapter.
[1995 c 397 § 31; 1993 c 2 § 20 (Initiative Measure No.
134, approved November 3, 1992); 1982 c 147 § 8; 1977
ex.s. c 336 § 3.]
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.100 Special reports—Independent expenditures. (1) For the purposes of this section and RCW
42.17.550 the term "independent expenditure" means any
expenditure that is made in support of or in opposition to
any candidate or ballot proposition and is not otherwise
required to be reported pursuant to RCW 42.17.060,
42.17.080, or 42.17.090. "Independent expenditure" does not
include: An internal political communication primarily
limited to the contributors to a political party organization or
political action committee, or the officers, management staff,
and stockholders of a corporation or similar enterprise, or the
members of a labor organization or other membership
organization; or the rendering of personal services of the sort
commonly performed by volunteer campaign workers, or
incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid
for by the worker. "Volunteer services," for the purposes of
this section, means services or labor for which the individual
is not compensated by any person.
(2) Within five days after the date of making an
independent expenditure that by itself or when added to all
other such independent expenditures made during the same
election campaign by the same person equals one hundred
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
dollars or more, or within five days after the date of making
an independent expenditure for which no reasonable estimate
of monetary value is practicable, whichever occurs first, the
person who made the independent expenditure shall file with
the commission and the county elections officer of the
county of residence for the candidate supported or opposed
by the independent expenditure (or in the case of an expenditure made in support of or in opposition to a local ballot
proposition, the county of residence for the person making
the expenditure) an initial report of all independent expenditures made during the campaign prior to and including such
date.
(3) At the following intervals each person who is
required to file an initial report pursuant to subsection (2) of
this section shall file with the commission and the county
elections officer of the county of residence for the candidate
supported or opposed by the independent expenditure (or in
the case of an expenditure made in support of or in opposition to a ballot proposition, the county of residence for the
person making the expenditure) a further report of the
independent expenditures made since the date of the last
report:
(a) On the twenty-first day and the seventh day preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election; and
(c) On the tenth day of each month in which no other
reports are required to be filed pursuant to this section.
However, the further reports required by this subsection (3)
shall only be filed if the reporting person has made an independent expenditure since the date of the last previous report
filed.
The report filed pursuant to paragraph (a) of this
subsection (3) shall be the final report, and upon submitting
such final report the duties of the reporting person shall
cease, and there shall be no obligation to make any further
reports.
(4) All reports filed pursuant to this section shall be
certified as correct by the reporting person.
(5) Each report required by subsections (2) and (3) of
this section shall disclose for the period beginning at the end
of the period for the last previous report filed or, in the case
of an initial report, beginning at the time of the first independent expenditure, and ending not more than one business
day before the date the report is due:
(a) The name and address of the person filing the report;
(b) The name and address of each person to whom an
independent expenditure was made in the aggregate amount
of more than fifty dollars, and the amount, date, and purpose
of each such expenditure. If no reasonable estimate of the
monetary value of a particular independent expenditure is
practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the
expenditure and where appropriate to attach a copy of the
item produced or distributed by the expenditure;
(c) The total sum of all independent expenditures made
during the campaign to date; and
(d) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter. [1995 c 397 § 28; 1989 c 280 §
10; 1985 c 367 § 6; 1982 c 147 § 9; 1975-’76 2nd ex.s. c
(2002 Ed.)
42.17.100
112 § 4; 1973 c 1 § 10 (Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.103 Special reports—Political advertising. (1)
The sponsor of political advertising who, within twenty-one
days of an election, publishes, mails, or otherwise presents
to the public political advertising supporting or opposing a
candidate or ballot proposition that qualifies as an independent expenditure with a fair market value of one thousand
dollars or more shall deliver, either electronically or in
written form, a special report to the commission within
twenty-four hours of, or on the first working day after, the
date the political advertising is first published, mailed, or
otherwise presented to the public.
(2) If a sponsor is required to file a special report under
this section, the sponsor shall also deliver to the commission
within the delivery period established in subsection (1) of
this section a special report for each subsequent independent
expenditure of any size supporting or opposing the same
candidate who was the subject of the previous independent
expenditure, supporting or opposing that candidate’s opponent, or supporting or opposing the same ballot proposition
that was the subject of the previous independent expenditure.
(3) The special report must include at least:
(a) The name and address of the person making the
expenditure;
(b) The name and address of the person to whom the
expenditure was made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the
political advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by
the expenditure, the office being sought by the candidate,
and whether the expenditure supports or opposes the candidate; or the name of the ballot proposition supported or opposed by the expenditure and whether the expenditure
supports or opposes the ballot proposition; and
(g) Any other information the commission may require
by rule.
(4) All persons required to report under RCW
42.17.080, 42.17.090, and 42.17.100 are subject to the
requirements of this section. The commission may determine that reports filed pursuant to this section also satisfy
the requirements of RCW 42.17.100.
(5) The sponsor of independent expenditures supporting
a candidate or opposing that candidate’s opponent required
to report under this section shall file with each required
report an affidavit or declaration of the person responsible
for making the independent expenditure that the expenditure
was not made in cooperation, consultation, or concert with,
or at the request or suggestion of, the candidate, the
candidate’s authorized committee, or the candidate’s agent,
or with the encouragement or approval of the candidate, the
candidate’s authorized committee, or the candidate’s agent.
[2001 c 54 § 1.]
Effective date—2001 c 54: "This act takes effect January 1, 2002."
[2001 c 54 § 4.]
[Title 42 RCW—page 21]
42.17.105
Title 42 RCW: Public Officers and Agencies
42.17.105 Special reports—Late contributions or
large totals—Certain late contributions prohibited. (1)
Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution or aggregate
of contributions which: Is one thousand dollars or more; is
from a single person or entity; and is received during a
special reporting period.
Any political committee making a contribution or an
aggregate of contributions to a single entity which is one
thousand dollars or more shall also prepare and deliver to the
commission the special report if the contribution or aggregate of contributions is made during a special reporting
period.
For the purposes of subsections (1) through (7) of this
section:
(a) Each of the following intervals is a special reporting
period: (i) The interval beginning after the period covered
by the last report required by RCW 42.17.080 and 42.17.090
to be filed before a primary and concluding on the end of
the day before that primary; and (ii) the interval composed
of the twenty-one days preceding a general election; and
(b) An aggregate of contributions includes only those
contributions received from a single entity during any one
special reporting period or made by the contributing political
committee to a single entity during any one special reporting
period.
(2) If a campaign treasurer files a special report under
this section for one or more contributions received from a
single entity during a special reporting period, the treasurer
shall also file a special report under this section for each
subsequent contribution of any size which is received from
that entity during the special reporting period. If a political
committee files a special report under this section for a
contribution or contributions made to a single entity during
a special reporting period, the political committee shall also
file a special report for each subsequent contribution of any
size which is made to that entity during the special reporting
period.
(3) Except as provided in subsection (4) of this section,
the special report required by this section shall be delivered
electronically or in written form, including but not limited to
mailgram, telegram, or nightletter. The special report
required of a contribution recipient by subsection (1) of this
section shall be delivered to the commission within fortyeight hours of the time, or on the first working day after:
The contribution of one thousand dollars or more is received
by the candidate or treasurer; the aggregate received by the
candidate or treasurer first equals one thousand dollars or
more; or the subsequent contribution that must be reported
under subsection (2) of this section is received by the
candidate or treasurer. The special report required of a
contributor by subsection (1) of this section or RCW
42.17.175 shall be delivered to the commission, and the
candidate or political committee to whom the contribution or
contributions are made, within twenty-four hours of the time,
or on the first working day after: The contribution is made;
the aggregate of contributions made first equals one thousand
dollars or more; or the subsequent contribution that must be
reported under subsection (2) of this section is made.
(4) The special report may be transmitted orally by
telephone to the commission to satisfy the delivery period
required by subsection (3) of this section if the written form
[Title 42 RCW—page 22]
of the report is also mailed to the commission and postmarked within the delivery period established in subsection
(3) of this section or the file transfer date of the electronic
filing is within the delivery period established in subsection
(3) of this section.
(5) The special report shall include at least:
(a) The amount of the contribution or contributions;
(b) The date or dates of receipt;
(c) The name and address of the donor;
(d) The name and address of the recipient; and
(e) Any other information the commission may by rule
require.
(6) Contributions reported under this section shall also
be reported as required by other provisions of this chapter.
(7) The commission shall prepare daily a summary of
the special reports made under this section and RCW
42.17.175.
(8) It is a violation of this chapter for any person to
make, or for any candidate or political committee to accept
from any one person, contributions reportable under RCW
42.17.090 in the aggregate exceeding fifty thousand dollars
for any campaign for statewide office or exceeding five
thousand dollars for any other campaign subject to the
provisions of this chapter within twenty-one days of a
general election. This subsection does not apply to contributions made by, or accepted from, a bona fide political party
as defined in this chapter, excluding the county central
committee or legislative district committee.
(9) Contributions governed by this section include, but
are not limited to, contributions made or received indirectly
through a third party or entity whether the contributions are
or are not reported to the commission as earmarked contributions under RCW 42.17.135. [2001 c 54 § 2; 1995 c 397
§ 4; 1991 c 157 § 1; 1989 c 280 § 11; 1986 c 228 § 2; 1985
c 359 § 1; 1983 c 176 § 1.]
Effective date—2001 c 54: See note following RCW 42.17.103.
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.110 Commercial advertisers—Public inspection of documents—Copies to commission. (1) Each
commercial advertiser who has accepted or provided political
advertising during the election campaign shall maintain open
for public inspection during the campaign and for a period
of no less than three years after the date of the applicable
election, during normal business hours, documents and books
of account which shall specify:
(a) The names and addresses of persons from whom it
accepted political advertising;
(b) The exact nature and extent of the advertising
services rendered; and
(c) The consideration and the manner of paying that
consideration for such services.
(2) Each commercial advertiser which must comply with
subsection (1) of this section shall deliver to the commission,
upon its request, copies of such information as must be
maintained open for public inspection pursuant to subsection
(1) of this section. [1975-’76 2nd ex.s. c 112 § 5; 1973 c 1
§ 11 (Initiative Measure No. 276, approved November 7,
1972).]
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
42.17.120 Identification of contributions and
communications. No contribution shall be made and no
expenditure shall be incurred, directly or indirectly, in a fictitious name, anonymously, or by one person through an
agent, relative, or other person in such a manner as to
conceal the identity of the source of the contribution or in
any other manner so as to effect concealment. [1975 1st
ex.s. c 294 § 8; 1973 c 1 § 12 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.125 Personal use of contributions—When
permitted. Contributions received and reported in accordance with RCW 42.17.060 through 42.17.090 may only be
transferred to the personal account of a candidate, or of a
treasurer or other individual or expended for such
individual’s personal use under the following circumstances:
(1) Reimbursement for or loans to cover lost earnings
incurred as a result of campaigning or services performed for
the political committee. Such lost earnings shall be verifiable as unpaid salary, or when the individual is not salaried,
as an amount not to exceed income received by the individual for services rendered during an appropriate, corresponding
time period. All lost earnings incurred shall be documented
and a record thereof shall be maintained by the individual or
the individual’s political committee. The political committee
shall include a copy of such record when its expenditure for
such reimbursement is reported pursuant to RCW 42.17.090.
(2) Reimbursement for direct out-of-pocket election
campaign and postelection campaign related expenses made
by the individual. To receive reimbursement from the
political committee, the individual shall provide the political
committee with written documentation as to the amount,
date, and description of each expense, and the political
committee shall include a copy of such information when its
expenditure for such reimbursement is reported pursuant to
RCW 42.17.090.
(3) Repayment of loans made by the individual to
political committees, which repayment shall be reported
pursuant to RCW 42.17.090. However, contributions may
not be used to reimburse a candidate for loans totaling more
than *three thousand dollars made by the candidate to the
candidate’s own political committee or campaign. [1995 c
397 § 29; 1993 c 2 § 21 (Initiative Measure No. 134,
approved November 3, 1992); 1989 c 280 § 12; 1985 c 367
§ 7; 1977 ex.s. c 336 § 6.]
*Reviser’s note: The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the
Washington Administrative Code (WAC).
Effective date—1989 c 280: See note following RCW 42.17.020.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.128 Use of public funds for political purposes.
Public funds, whether derived through taxes, fees, penalties,
or any other sources, shall not be used to finance political
campaigns for state or local office. [1993 c 2 § 24 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.130 Forbids use of public office or agency
facilities in campaigns. No elective official nor any
employee of his office nor any person appointed to or
(2002 Ed.)
42.17.120
employed by any public office or agency may use or
authorize the use of any of the facilities of a public office or
agency, directly or indirectly, for the purpose of assisting a
campaign for election of any person to any office or for the
promotion of or opposition to any ballot proposition.
Facilities of public office or agency include, but are not
limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during
working hours, vehicles, office space, publications of the
office or agency, and clientele lists of persons served by the
office or agency: PROVIDED, That the foregoing provisions of this section shall not apply to the following activities:
(1) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting
includes the title and number of the ballot proposition, and
(b) members of the legislative body or members of the
public are afforded an approximately equal opportunity for
the expression of an opposing view;
(2) A statement by an elected official in support of or
in opposition to any ballot proposition at an open press
conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular
conduct of the office or agency. [1979 ex.s. c 265 § 2;
1975-’76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative
Measure No. 276, approved November 7, 1972).]
Disposition of violations before January 1, 1995: "Any violations
occurring prior to January 1, 1995, of any of the following laws shall be
disposed of as if chapter 154, Laws of 1994 were not enacted and such laws
continued in full force and effect: RCW 42.17.130, chapter 42.18 RCW,
chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 § 226.]
42.17.131 Exemption from RCW 42.17.130. RCW
42.17.130 does not apply to any person who is a state officer
or state employee as defined in RCW 42.52.010. [1994 c
154 § 317.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
42.17.135 Earmarked contributions. A candidate or
political committee receiving a contribution earmarked for
the benefit of another candidate or political committee shall:
(1) Report the contribution as required in RCW
42.17.080 and 42.17.090;
(2) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission by rule,
which identifies the name and address of the person who
made the contribution, the candidate or political committee
for whose benefit the contribution is earmarked, the amount
of the contribution, and the date on which the contribution
was received; and
(3) Notify the commission and the candidate or political
committee for whose benefit the contribution is earmarked
regarding the receipt of the contribution by mailing or
delivering to the commission and to the candidate or
committee a copy of the "Earmarked contributions" report.
Such notice shall be given within two working days of
receipt of the contribution.
[Title 42 RCW—page 23]
42.17.135
Title 42 RCW: Public Officers and Agencies
A candidate or political committee receiving notification
of an earmarked contribution under subsection (3) of this
section shall report the contribution, once the contribution is
received by the candidate or committee, in the same manner
as the receipt of any other contribution is disclosed in reports
required by RCW 42.17.080 and 42.17.090. [1989 c 280 §
13; 1986 c 228 § 3.]
Effective date—1989 c 280: See note following RCW 42.17.020.
one week of such change, modification or termination,
furnish full information regarding the same by filing with the
commission an amended registration statement.
(4) Each lobbyist who has registered shall file a new
registration statement, revised as appropriate, on the second
Monday in January of each odd-numbered year, and failure
to do so shall terminate his registration. [1987 c 201 § 1;
1982 c 147 § 10; 1973 c 1 § 15 (Initiative Measure No. 276,
approved November 7, 1972).]
LOBBYIST REPORTING
42.17.150 Registration of lobbyists. (1) Before doing
any lobbying, or within thirty days after being employed as
a lobbyist, whichever occurs first, a lobbyist shall register by
filing with the commission a lobbyist registration statement,
in such detail as the commission shall prescribe, showing:
(a) His name, permanent business address, and any
temporary residential and business addresses in Thurston
county during the legislative session;
(b) The name, address and occupation or business of the
lobbyist’s employer;
(c) The duration of his employment;
(d) His compensation for lobbying; how much he is to
be paid for expenses, and what expenses are to be reimbursed;
(e) Whether the person from whom he receives said
compensation employs him solely as a lobbyist or whether
he is a regular employee performing services for his employer which include but are not limited to the influencing of
legislation;
(f) The general subject or subjects of his legislative
interest;
(g) A written authorization from each of the lobbyist’s
employers confirming such employment;
(h) The name and address of the person who will have
custody of the accounts, bills, receipts, books, papers, and
documents required to be kept under this chapter;
(i) If the lobbyist’s employer is an entity (including, but
not limited to, business and trade associations) whose
members include, or which as a representative entity
undertakes lobbying activities for, businesses, groups, associations, or organizations, the name and address of each
member of such entity or person represented by such entity
whose fees, dues, payments, or other consideration paid to
such entity during either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed
to pay fees, dues, payments, or other consideration exceeding
five hundred dollars to such entity during the current year.
(2) Any lobbyist who receives or is to receive compensation from more than one person for his services as a
lobbyist shall file a separate notice of representation with
respect to each such person; except that where a lobbyist
whose fee for acting as such in respect to the same legislation or type of legislation is, or is to be, paid or contributed
to by more than one person then such lobbyist may file a
single statement, in which he shall detail the name, business
address and occupation of each person so paying or contributing, and the amount of the respective payments or contributions made by each such person.
(3) Whenever a change, modification, or termination of
the lobbyist’s employment occurs, the lobbyist shall, within
[Title 42 RCW—page 24]
42.17.155 Photograph and information—Booklet—
Publication. Each lobbyist shall at the time he or she
registers submit to the commission a recent photograph of
himself or herself of a size and format as determined by rule
of the commission, together with the name of the lobbyist’s
employer, the length of his or her employment as a lobbyist
before the legislature, a brief biographical description, and
any other information he or she may wish to submit not to
exceed fifty words in length. Such photograph and information shall be published at least biennially in a booklet form
by the commission for distribution to legislators and the
public. [1995 c 397 § 6; 1985 c 367 § 8; 1982 c 147 § 11;
1975 1st ex.s. c 294 § 21.]
42.17.160 Exemption from registration. The
following persons and activities shall be exempt from
registration and reporting under RCW 42.17.150, 42.17.170,
and 42.17.200:
(1) Persons who limit their lobbying activities to
appearing before public sessions of committees of the
legislature, or public hearings of state agencies;
(2) Activities by lobbyists or other persons whose
participation has been solicited by an agency under RCW
34.05.310(2);
(3) News or feature reporting activities and editorial
comment by working members of the press, radio, or
television and the publication or dissemination thereof by a
newspaper, book publisher, regularly published periodical,
radio station, or television station;
(4) Persons who lobby without compensation or other
consideration for acting as a lobbyist: PROVIDED, Such
person makes no expenditure for or on behalf of any
member of the legislature or elected official or public officer
or employee of the state of Washington in connection with
such lobbying. The exemption contained in this subsection
is intended to permit and encourage citizens of this state to
lobby any legislator, public official, or state agency without
incurring any registration or reporting obligation provided
they do not exceed the limits stated above. Any person
exempt under this subsection (4) may at his or her option
register and report under this chapter;
(5) Persons who restrict their lobbying activities to no
more than four days or parts thereof during any three-month
period and whose total expenditures during such three-month
period for or on behalf of any one or more members of the
legislature or state elected officials or public officers or
employees of the state of Washington in connection with
such lobbying do not exceed twenty-five dollars: PROVIDED, That the commission shall promulgate regulations to
require disclosure by persons exempt under this subsection
or their employers or entities which sponsor or coordinate
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
the lobbying activities of such persons if it determines that
such regulations are necessary to prevent frustration of the
purposes of this chapter. Any person exempt under this
subsection (5) may at his or her option register and report
under this chapter;
(6) The governor;
(7) The lieutenant governor;
(8) Except as provided by RCW 42.17.190(1), members
of the legislature;
(9) Except as provided by RCW 42.17.190(1), persons
employed by the legislature for the purpose of aiding in the
preparation or enactment of legislation or the performance of
legislative duties;
(10) Elected officials, and officers and employees of any
agency reporting under RCW 42.17.190(5). [1998 c 55 § 3;
1995 c 397 § 32; 1982 c 147 § 12; 1977 ex.s. c 313 § 4;
1975 1st ex.s. c 294 § 9; 1973 c 1 § 16 (Initiative Measure
No. 276, approved November 7, 1972).]
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.170 Reporting by lobbyists. (1) Any lobbyist
registered under RCW 42.17.150 and any person who
lobbies shall file with the commission periodic reports of his
or her activities signed by the lobbyist. The reports shall be
made in the form and manner prescribed by the commission.
They shall be due monthly and shall be filed within fifteen
days after the last day of the calendar month covered by the
report.
(2) Each such monthly periodic report shall contain:
(a) The totals of all expenditures for lobbying activities
made or incurred by such lobbyist or on behalf of such
lobbyist by the lobbyist’s employer during the period
covered by the report. Such totals for lobbying activities
shall be segregated according to financial category, including
compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses
or services. Each individual expenditure of more than
twenty-five dollars for entertainment shall be identified by
date, place, amount, and the names of all persons in the
group partaking in or of such entertainment including any
portion thereof attributable to the lobbyist’s participation
therein, and shall include amounts actually expended on each
person where calculable, or allocating any portion of the
expenditure to individual participants.
Notwithstanding the foregoing, lobbyists are not
required to report the following:
(i) Unreimbursed personal living and travel expenses not
incurred directly for lobbying;
(ii) Any expenses incurred for his or her own living
accommodations;
(iii) Any expenses incurred for his or her own travel to
and from hearings of the legislature;
(iv) Any expenses incurred for telephone, and any office
expenses, including rent and salaries and wages paid for staff
and secretarial assistance.
(b) In the case of a lobbyist employed by more than one
employer, the proportionate amount of such expenditures in
each category incurred on behalf of each of his employers.
(c) An itemized listing of each such expenditure,
whether contributed by the lobbyist personally or delivered
or transmitted by the lobbyist, in the nature of a contribution
(2002 Ed.)
42.17.160
of money or of tangible or intangible personal property to
any candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition, or for or on behalf of any candidate,
elected official, or officer or employee of any agency, or any
political committee supporting or opposing any ballot
proposition. All contributions made to, or for the benefit of,
any candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition shall be identified by date, amount,
and the name of the candidate, elected official, or officer or
employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be
benefited by each such contribution.
(d) The subject matter of proposed legislation or other
legislative activity or rule-making under chapter 34.05 RCW,
the state Administrative Procedure Act, and the state agency
considering the same, which the lobbyist has been engaged
in supporting or opposing during the reporting period, unless
exempt under RCW 42.17.160(2).
(e) Such other information relevant to lobbying activities
as the commission shall by rule prescribe. Information
supporting such activities as are required to be reported is
subject to audit by the commission.
(f) A listing of each payment for an item specified in
RCW 42.52.150(5) in excess of fifty dollars and each item
specified in RCW 42.52.010(9) (d) and (f) made to a state
elected official, state officer, or state employee. Each item
shall be identified by recipient, date, and approximate value
of the item.
(g) The total expenditures made during the reporting
period by the lobbyist for lobbying purposes, whether
through or on behalf of a lobbyist or otherwise. As used in
this subsection, "expenditures" includes amounts paid or
incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations,
telemarketing, polling, or similar activities if such activities,
directly or indirectly, are intended, designed, or calculated to
influence legislation or the adoption or rejection of a rule,
standard, or rate by an agency under the administrative
procedure act. The report shall specify the amount, the
person to whom the amount was paid, and a brief description
of the activity.
(3) If a state elected official or a member of such an
official’s immediate family is identified by a lobbyist in such
a report as having received from the lobbyist an item
specified in RCW 42.52.150(5) or 42.52.010(9) (d) or (f),
the lobbyist shall transmit to the official a copy of the
completed form used to identify the item in the report at the
same time the report is filed with the commission.
(4) The commission may adopt rules to vary the content
of lobbyist reports to address specific circumstances,
consistent with this section. [1995 c 397 § 33; 1991 sp.s. c
18 § 2; 1990 c 139 § 3; 1989 c 175 § 90; 1987 c 423 § 1;
1985 c 367 § 9; 1982 c 147 § 13; 1977 ex.s. c 313 § 5;
1975 1st ex.s. c 294 § 10; 1973 c 1 § 17 (Initiative Measure
No. 276, approved November 7, 1972).]
Effective date—1995 c 397 § 33: "Section 33 of this act takes effect
September 1, 1995." [1995 c 397 § 36.]
Legislative intent—1990 c 139: See note following RCW 42.17.020.
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 42 RCW—page 25]
42.17.170
Title 42 RCW: Public Officers and Agencies
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.172 Notification to person named in report.
When a listing or a report of contributions is made to the
commission under RCW 42.17.170(2)(c), a copy of the
listing or report must be given to the candidate, elected
official, professional staff member of the legislature, or
officer or employee of an agency, or a political committee
supporting or opposing a ballot proposition named in the
listing or report. [1993 c 2 § 32 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.175 Special reports—Lobbyists—Late contributions or large totals. Any lobbyist registered under
RCW 42.17.150, any person who lobbies, and any lobbyist’s
employer making a contribution or an aggregate of contributions to a single entity that is one thousand dollars or
more during a special reporting period before a primary or
general election, as such period is specified in RCW
42.17.105(1), shall file one or more special reports for the
contribution or aggregate of contributions and for subsequent
contributions made during that period under the same
circumstances and to the same extent that a contributing
political committee must file such a report or reports under
RCW 42.17.105. Such a special report shall be filed in the
same manner provided under RCW 42.17.105 for a special
report of a contributing political committee. [2001 c 54 § 3;
1991 c 157 § 2; 1985 c 359 § 2.]
Effective date—2001 c 54: See note following RCW 42.17.103.
42.17.180 Reports by employers of registered
lobbyists, other persons. (1) Every employer of a lobbyist
registered under this chapter during the preceding calendar
year and every person other than an individual that made
contributions aggregating to more than *ten thousand dollars
or independent expenditures aggregating to more than *five
hundred dollars during the preceding calendar year shall file
with the commission on or before the last day of February
of each year a statement disclosing for the preceding
calendar year the following information:
(a) The name of each state elected official and the name
of each candidate for state office who was elected to the
office and any member of the immediate family of those
persons to whom the person reporting has paid any compensation in the amount of five hundred dollars or more during
the preceding calendar year for personal employment or
professional services, including professional services rendered by a corporation, partnership, joint venture, association, union, or other entity in which the person holds any
office, directorship, or any general partnership interest, or an
ownership interest of ten percent or more, the value of the
compensation in accordance with the reporting provisions set
out in RCW 42.17.241(2), and the consideration given or
performed in exchange for the compensation.
(b) The name of each state elected official, successful
candidate for state office, or members of his immediate
family to whom the person reporting made expenditures,
directly or indirectly, either through a lobbyist or otherwise,
the amount of the expenditures and the purpose for the
expenditures. For the purposes of this subsection, the term
[Title 42 RCW—page 26]
expenditure shall not include any expenditure made by the
employer in the ordinary course of business if the expenditure is not made for the purpose of influencing, honoring, or
benefiting the elected official, successful candidate, or
member of his immediate family, as an elected official or
candidate.
(c) The total expenditures made by the person reporting
for lobbying purposes, whether through or on behalf of a
registered lobbyist or otherwise.
(d) All contributions made to a political committee
supporting or opposing a candidate for state office, or to a
political committee supporting or opposing a statewide ballot
proposition. Such contributions shall be identified by the
name and the address of the recipient and the aggregate
amount contributed to each such recipient.
(e) The name and address of each registered lobbyist
employed by the person reporting and the total expenditures
made by such person for each such lobbyist for lobbying
purposes.
(f) The names, offices sought, and party affiliations of
candidates for state offices supported or opposed by independent expenditures of the person reporting and the amount of
each such expenditure.
(g) The identifying proposition number and a brief
description of any statewide ballot proposition supported or
opposed by expenditures not reported under (d) of this
subsection and the amount of each such expenditure.
(h) Such other information as the commission prescribes
by rule.
(2)(a) Except as provided in (b) of this subsection, an
employer of a lobbyist registered under this chapter shall file
a special report with the commission if the employer makes
a contribution or contributions aggregating more than one
hundred dollars in a calendar month to any one of the
following: A candidate, elected official, officer or employee
of an agency, or political committee. The report shall
identify the date and amount of each such contribution and
the name of the candidate, elected official, agency officer or
employee, or political committee receiving the contribution
or to be benefited by the contribution. The report shall be
filed on a form prescribed by the commission and shall be
filed within fifteen days after the last day of the calendar
month during which the contribution was made.
(b) The provisions of (a) of this subsection do not apply
to a contribution which is made through a registered lobbyist
and reportable under RCW 42.17.170. [1993 c 2 § 27
(Initiative Measure No. 134, approved November 3, 1992);
1990 c 139 § 4; 1987 c 423 § 2; 1984 c 34 § 6; 1975 1st
ex.s. c 294 § 11; 1973 c 1 § 18 (Initiative Measure No. 276,
approved November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.370 or 42.17.690. For current dollar amounts, see Title 390
of the Washington Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
42.17.190 Legislative activities of state agencies,
other units of government, elective officials, employees.
(1) The house of representatives and the senate shall report
annually: The total budget; the portion of the total attributed
to staff; and the number of full-time and part-time staff
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
positions by assignment, with dollar figures as well as
number of positions.
(2) Unless authorized by subsection (3) of this section
or otherwise expressly authorized by law, no public funds
may be used directly or indirectly for lobbying: PROVIDED, This does not prevent officers or employees of an
agency from communicating with a member of the legislature on the request of that member; or communicating to the
legislature, through the proper official channels, requests for
legislative action or appropriations which are deemed
necessary for the efficient conduct of the public business or
actually made in the proper performance of their official
duties: PROVIDED FURTHER, That this subsection does
not apply to the legislative branch.
(3) Any agency, not otherwise expressly authorized by
law, may expend public funds for lobbying, but such
lobbying activity shall be limited to (a) providing information or communicating on matters pertaining to official
agency business to any elected official or officer or employee of any agency or (b) advocating the official position or
interests of the agency to any elected official or officer or
employee of any agency: PROVIDED, That public funds
may not be expended as a direct or indirect gift or campaign
contribution to any elected official or officer or employee of
any agency. For the purposes of this subsection, the term
"gift" means a voluntary transfer of any thing of value
without consideration of equal or greater value, but does not
include informational material transferred for the sole
purpose of informing the recipient about matters pertaining
to official agency business. This section does not permit the
printing of a state publication which has been otherwise
prohibited by law.
(4) No elective official or any employee of his or her
office or any person appointed to or employed by any public
office or agency may use or authorize the use of any of the
facilities of a public office or agency, directly or indirectly,
in any effort to support or oppose an initiative to the
legislature. "Facilities of a public office or agency" has the
same meaning as in RCW 42.17.130 and 42.52.180. The
provisions of this subsection shall not apply to the following
activities:
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose an initiative to
the legislature so long as (i) any required notice of the
meeting includes the title and number of the initiative to the
legislature, and (ii) members of the legislative body or
members of the public are afforded an approximately equal
opportunity for the expression of an opposing view;
(b) A statement by an elected official in support of or
in opposition to any initiative to the legislature at an open
press conference or in response to a specific inquiry;
(c) Activities which are part of the normal and regular
conduct of the office or agency;
(d) Activities conducted regarding an initiative to the
legislature that would be permitted under RCW 42.17.130
and 42.52.180 if conducted regarding other ballot measures.
(5) Each state agency, county, city, town, municipal
corporation, quasi-municipal corporation, or special purpose
district which expends public funds for lobbying shall file
with the commission, except as exempted by (d) of this
(2002 Ed.)
42.17.190
subsection, quarterly statements providing the following
information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of
each elected official, officer, or employee who lobbied, a
general description of the nature of the lobbying, and the
proportionate amount of time spent on the lobbying;
(c) A listing of expenditures incurred by the agency for
lobbying including but not limited to travel, consultant or
other special contractual services, and brochures and other
publications, the principal purpose of which is to influence
legislation;
(d) For purposes of this subsection the term "lobbying"
does not include:
(i) Requests for appropriations by a state agency to the
office of financial management pursuant to chapter 43.88
RCW nor requests by the office of financial management to
the legislature for appropriations other than its own agency
budget requests;
(ii) Recommendations or reports to the legislature in response to a legislative request expressly requesting or
directing a specific study, recommendation, or report by an
agency on a particular subject;
(iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a
state agency as required by law;
(iv) Requests, recommendations, or other communication between or within state agencies or between or within
local agencies;
(v) Any other lobbying to the extent that it includes:
(A) Telephone conversations or preparation of written
correspondence;
(B) In-person lobbying on behalf of an agency of no
more than four days or parts thereof during any three-month
period by officers or employees of that agency and in-person
lobbying by any elected official of such agency on behalf of
such agency or in connection with the powers, duties, or
compensation of such official: PROVIDED, That the total
expenditures of nonpublic funds made in connection with
such lobbying for or on behalf of any one or more members
of the legislature or state elected officials or public officers
or employees of the state of Washington do not exceed
fifteen dollars for any three-month period: PROVIDED
FURTHER, That the exemption under this subsection is in
addition to the exemption provided in (A) of this subsection;
(C) Preparation or adoption of policy positions.
The statements shall be in the form and the manner
prescribed by the commission and shall be filed within one
month after the end of the quarter covered by the report.
(6) In lieu of reporting under subsection (5) of this
section any county, city, town, municipal corporation, quasi
municipal corporation, or special purpose district may
determine and so notify the public disclosure commission,
that elected officials, officers, or employees who on behalf
of any such local agency engage in lobbying reportable
under subsection (5) of this section shall register and report
such reportable lobbying in the same manner as a lobbyist
who is required to register and report under RCW 42.17.150
and 42.17.170. Each such local agency shall report as a
lobbyist employer pursuant to RCW 42.17.180.
(7) The provisions of this section do not relieve any
elected official or officer or employee of an agency from
[Title 42 RCW—page 27]
42.17.190
Title 42 RCW: Public Officers and Agencies
complying with other provisions of this chapter, if such
elected official, officer, or employee is not otherwise
exempted.
(8) The purpose of this section is to require each state
agency and certain local agencies to report the identities of
those persons who lobby on behalf of the agency for
compensation, together with certain separately identifiable
and measurable expenditures of an agency’s funds for that
purpose. This section shall be reasonably construed to
accomplish that purpose and not to require any agency to
report any of its general overhead cost or any other costs
which relate only indirectly or incidentally to lobbying or
which are equally attributable to or inseparable from
nonlobbying activities of the agency.
The public disclosure commission may adopt rules
clarifying and implementing this legislative interpretation and
policy. [1995 c 397 § 7; 1986 c 239 § 1; 1979 ex.s. c 265
§ 1; 1977 ex.s. c 313 § 6; 1975 1st ex.s. c 294 § 12; 1973
c 1 § 19 (Initiative Measure No. 276, approved November 7,
1972).]
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.200 Grass roots lobbying campaigns. (1) Any
person who has made expenditures, not reported by a
registered lobbyist under RCW 42.17.170 or by a candidate
or political committee under RCW 42.17.065 or 42.17.080,
exceeding *five hundred dollars in the aggregate within any
three-month period or exceeding *two hundred dollars in the
aggregate within any one-month period in presenting a program addressed to the public, a substantial portion of which
is intended, designed, or calculated primarily to influence
legislation shall be required to register and report, as
provided in subsection (2) of this section, as a sponsor of a
grass roots lobbying campaign.
(2) Within thirty days after becoming a sponsor of a
grass roots lobbying campaign, the sponsor shall register by
filing with the commission a registration statement, in such
detail as the commission shall prescribe, showing:
(a) The sponsor’s name, address, and business or
occupation, and, if the sponsor is not an individual, the
names, addresses, and titles of the controlling persons
responsible for managing the sponsor’s affairs;
(b) The names, addresses, and business or occupation of
all persons organizing and managing the campaign, or hired
to assist the campaign, including any public relations or
advertising firms participating in the campaign, and the
terms of compensation for all such persons;
(c) The names and addresses of each person contributing
twenty-five dollars or more to the campaign, and the
aggregate amount contributed;
(d) The purpose of the campaign, including the specific
legislation, rules, rates, standards, or proposals that are the
subject matter of the campaign;
(e) The totals of all expenditures made or incurred to
date on behalf of the campaign, which totals shall be
segregated according to financial category, including but not
limited to the following: Advertising, segregated by media,
and in the case of large expenditures (as provided by rule of
the commission), by outlet; contributions; entertainment,
including food and refreshments; office expenses including
rent and the salaries and wages paid for staff and secretarial
[Title 42 RCW—page 28]
assistance, or the proportionate amount thereof paid or
incurred for lobbying campaign activities; consultants; and
printing and mailing expenses.
(3) Every sponsor who has registered under this section
shall file monthly reports with the commission, which
reports shall be filed by the tenth day of the month for the
activity during the preceding month. The reports shall update the information contained in the sponsor’s registration
statement and in prior reports and shall show contributions
received and totals of expenditures made during the month,
in the same manner as provided for in the registration
statement.
(4) When the campaign has been terminated, the sponsor
shall file a notice of termination with the final monthly
report, which notice shall state the totals of all contributions
and expenditures made on behalf of the campaign, in the
same manner as provided for in the registration statement.
[1990 c 139 § 5; 1985 c 367 § 10; 1973 c 1 § 20 (Initiative
Measure No. 276, approved November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.370. For current dollar amounts, see chapter 390-20 of the
Washington Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
42.17.210 Employment of legislators, board or
commission members, or state employees—Statement,
contents and filing. If any person registered or required to
be registered as a lobbyist under this chapter employs, or if
any employer of any person registered or required to be
registered as a lobbyist under this chapter, employs any
member of the legislature, or any member of any state board
or commission, or any employee of the legislature, or any
full-time state employee, if such new employee shall remain
in the partial employ of the state or any agency thereof, then
the new employer shall file a statement under oath with the
commission setting out the nature of the employment, the
name of the person to be paid thereunder, and the amount of
pay or consideration to be paid thereunder. The statement
shall be filed within fifteen days after the commencement of
such employment. [1973 c 1 § 21 (Initiative Measure No.
276, approved November 7, 1972).]
42.17.220 Employment of unregistered persons. It
shall be a violation of this chapter for any person to employ
for pay or any consideration, or pay or agree to pay any
consideration to, a person to lobby who is not registered
under this chapter except upon condition that such person
register as a lobbyist as provided by this chapter, and such
person does in fact so register as soon as practicable. [1973
c 1 § 22 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.230 Lobbyists’ duties, restrictions. A person
required to register as a lobbyist under this chapter shall also
have the following obligations, the violation of which shall
constitute cause for revocation of his registration, and may
subject such person, and such person’s employer, if such
employer aids, abets, ratifies, or confirms any such act, to
other civil liabilities, as provided by this chapter:
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(1) Such persons shall obtain and preserve all accounts,
bills, receipts, books, papers, and documents necessary to
substantiate the financial reports required to be made under
this chapter for a period of at least five years from the date
of the filing of the statement containing such items, which
accounts, bills, receipts, books, papers, and documents shall
be made available for inspection by the commission at any
time: PROVIDED, That if a lobbyist is required under the
terms of his employment contract to turn any records over to
his employer, responsibility for the preservation of such
records under this subsection shall rest with such employer.
(2) In addition, a person required to register as a
lobbyist shall not:
(a) Engage in any activity as a lobbyist before registering as such;
(b) Knowingly deceive or attempt to deceive any
legislator as to any fact pertaining to any pending or proposed legislation;
(c) Cause or influence the introduction of any bill or
amendment thereto for the purpose of thereafter being
employed to secure its defeat;
(d) Knowingly represent an interest adverse to any of
his employers without first obtaining such employer’s written
consent thereto after full disclosure to such employer of such
adverse interest;
(e) Exercise any undue influence, extortion, or unlawful
retaliation upon any legislator by reason of such legislator’s
position with respect to, or his vote upon, any pending or
proposed legislation;
(f) Enter into any agreement, arrangement, or understanding according to which his or her compensation, or any
portion thereof, is or will be contingent upon the success of
any attempt to influence legislation. [1987 c 201 § 2; 1982
c 147 § 14; 1973 c 1 § 23 (Initiative Measure No. 276,
approved November 7, 1972).]
REPORTING OF PUBLIC
OFFICIALS’ FINANCIAL AFFAIRS
42.17.240 Elected and appointed officials, candidates, and appointees—Reports of financial affairs and
gifts. (1) Every elected official and every executive state
officer shall after January 1st and before April 15th of each
year file with the commission a statement of financial affairs
for the preceding calendar year. However, any local elected
official whose term of office expires immediately after
December 31st shall file the statement required to be filed by
this section for the year that ended on that December 31st.
(2) Every candidate shall within two weeks of becoming
a candidate file with the commission a statement of financial
affairs for the preceding twelve months.
(3) Every person appointed to a vacancy in an elective
office or executive state officer position shall within two
weeks of being so appointed file with the commission a
statement of financial affairs for the preceding twelve
months.
(4) A statement of a candidate or appointee filed during
the period from January 1st to April 15th shall cover the
period from January 1st of the preceding calendar year to the
time of candidacy or appointment if the filing of the state-
(2002 Ed.)
42.17.230
ment would relieve the individual of a prior obligation to file
a statement covering the entire preceding calendar year.
(5) No individual may be required to file more than
once in any calendar year.
(6) Each statement of financial affairs filed under this
section shall be sworn as to its truth and accuracy.
(7) Every elected official and every executive state
officer shall file with their statement of financial affairs a
statement certifying that they have read and are familiar with
RCW 42.17.130 or 42.52.180, whichever is applicable.
(8) For the purposes of this section, the term "executive
state officer" includes those listed in RCW 42.17.2401.
(9) This section does not apply to incumbents or
candidates for a federal office or the office of precinct
committee officer. [1995 c 397 § 8; 1993 c 2 § 31 (Initiative Measure No. 134, approved November 3, 1992); 1989
c 158 § 1; 1987 c 295 § 19. Prior: 1984 c 125 § 14; 1984
c 34 § 1; 1983 c 161 § 27; 1982 c 10 § 9; prior: 1981 c
311 § 20; 1981 c 67 § 15; 1979 ex.s. c 265 § 3; 1979 c 151
§ 73; prior: 1975-’76 2nd ex.s. c 112 § 7; 1975-’76 2nd
ex.s. c 104 § 1 (Ref. Bill No. 36); 1975 1st ex.s. c 294 § 13;
1973 c 1 § 24 (Initiative Measure No. 276, approved
November 7, 1972).]
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Severability—Effective dates—1983 c 161: See RCW 43.180.903
and 43.180.904.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
42.17.2401 "Executive state officer" defined. For
the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health
plan, the director of the department of services for the blind,
the director of the state system of community and technical
colleges, the director of community, trade, and economic
development, the secretary of corrections, the director of
ecology, the commissioner of employment security, the
chairman of the energy facility site evaluation council, the
secretary of the state finance committee, the director of
financial management, the director of fish and wildlife, the
executive secretary of the forest practices appeals board, the
director of the gambling commission, the director of general
administration, the secretary of health, the administrator of
the Washington state health care authority, the executive
secretary of the health care facilities authority, the executive
secretary of the higher education facilities authority, the
executive secretary of the horse racing commission, the
executive secretary of the human rights commission, the
executive secretary of the indeterminate sentence review
board, the director of the department of information services,
the director of the interagency committee for outdoor
recreation, the executive director of the state investment
board, the director of labor and industries, the director of
licensing, the director of the lottery commission, the director
of the office of minority and women’s business enterprises,
the director of parks and recreation, the director of person[Title 42 RCW—page 29]
42.17.2401
Title 42 RCW: Public Officers and Agencies
nel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of
the Washington state patrol, the executive secretary of the
board of tax appeals, the secretary of transportation, the
secretary of the utilities and transportation commission, the
director of veterans affairs, the president of each of the regional and state universities and the president of The
Evergreen State College, each district and each campus
president of each state community college;
(2) Each professional staff member of the office of the
governor;
(3) Each professional staff member of the legislature;
and
(4) Central Washington University board of trustees,
board of trustees of each community college, each member
of the state board for community and technical colleges,
state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development
finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals
board, forest practices board, gambling commission, Washington health care facilities authority, each member of the
Washington health services commission, higher education
coordinating board, higher education facilities authority,
horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review
board, board of industrial insurance appeals, information
services board, interagency committee for outdoor recreation,
state investment board, commission on judicial conduct,
legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation commission, *personnel appeals board, board of
pilotage commissioners, pollution control hearings board,
public disclosure commission, public pension commission,
shorelines hearing board, public employees’ benefits board,
salmon recovery funding board, board of tax appeals, transportation commission, University of Washington board of
regents, utilities and transportation commission, Washington
state maritime commission, Washington personnel resources
board, Washington public power supply system executive
board, Washington State University board of regents,
Western Washington University board of trustees, and fish
and wildlife commission. [2001 c 36 § 1; 2001 c 9 § 1;
1996 c 186 § 504. Prior: 1995 c 399 § 60; 1995 c 397 §
10; prior: 1993 sp.s. c 2 § 18; 1993 c 492 § 488; 1993 c
281 § 43; 1991 c 200 § 404; 1991 c 3 § 293; prior: 1989
1st ex.s. c 9 § 812; 1989 c 279 § 22; 1989 c 158 § 2; 1988
c 36 § 13; 1987 c 504 § 14; 1985 c 6 § 8; 1984 c 34 § 2.]
Reviser’s note: *(1) The personnel appeals board was created by
RCW 41.64.010, which was repealed by 2002 c 354 § 404, effective July
1, 2006.
(2) This section was amended by 2001 c 9 § 1 and by 2001 c 36 § 1,
each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
[Title 42 RCW—page 30]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Alphabetization—1989 c 158 § 2: "When section 2 of this act is
codified, the code reviser shall arrange the names of the agencies in each
subsection in alphabetical order." [1989 c 158 § 3.] The names of the
agencies in the above section have been arranged according to the first
distinctive word of each agency’s name.
Severability—Effective date—1987 c 504: See RCW 43.105.901
and 43.105.902.
42.17.241 Contents of report. (1) The statement of
financial affairs required by RCW 42.17.240 shall disclose
for the reporting individual and each member of his or her
immediate family:
(a) Occupation, name of employer, and business
address; and
(b) Each bank or savings account or insurance policy in
which any such person or persons owned a direct financial
interest that exceeded *five thousand dollars at any time
during the reporting period; each other item of intangible
personal property in which any such person or persons
owned a direct financial interest, the value of which exceeded *five hundred dollars during the reporting period; the
name, address, and nature of the entity; and the nature and
highest value of each such direct financial interest during the
reporting period; and
(c) The name and address of each creditor to whom the
value of *five hundred dollars or more was owed; the
original amount of each debt to each such creditor; the
amount of each debt owed to each creditor as of the date of
filing; the terms of repayment of each such debt; and the
security given, if any, for each such debt: PROVIDED, That
debts arising out of a "retail installment transaction" as
defined in chapter 63.14 RCW (Retail Installment Sales Act)
need not be reported; and
(d) Every public or private office, directorship, and
position held as trustee; and
(e) All persons for whom any legislation, rule, rate, or
standard has been prepared, promoted, or opposed for current
or deferred compensation: PROVIDED, That for the
purposes of this subsection, "compensation" does not include
payments made to the person reporting by the governmental
entity for which such person serves as an elected official or
state executive officer or professional staff member for his
service in office; the description of such actual or proposed
legislation, rules, rates, or standards; and the amount of current or deferred compensation paid or promised to be paid;
and
(f) The name and address of each governmental entity,
corporation, partnership, joint venture, sole proprietorship,
association, union, or other business or commercial entity
from whom compensation has been received in any form of
a total value of five hundred dollars or more; the value of
the compensation; and the consideration given or performed
in exchange for the compensation; and
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(g) The name of any corporation, partnership, joint
venture, association, union, or other entity in which is held
any office, directorship, or any general partnership interest,
or an ownership interest of ten percent or more; the name or
title of that office, directorship, or partnership; the nature of
ownership interest; and with respect to each such entity: (i)
With respect to a governmental unit in which the official
seeks or holds any office or position, if the entity has
received compensation in any form during the preceding
twelve months from the governmental unit, the value of the
compensation and the consideration given or performed in
exchange for the compensation; (ii) the name of each
governmental unit, corporation, partnership, joint venture,
sole proprietorship, association, union, or other business or
commercial entity from which the entity has received
compensation in any form in the amount of *two thousand
five hundred dollars or more during the preceding twelve
months and the consideration given or performed in exchange for the compensation: PROVIDED, That the term
"compensation" for purposes of this subsection (1)(g)(ii)
does not include payment for water and other utility services
at rates approved by the Washington state utilities and
transportation commission or the legislative authority of the
public entity providing the service: PROVIDED, FURTHER, That with respect to any bank or commercial lending
institution in which is held any office, directorship, partnership interest, or ownership interest, it shall only be necessary
to report either the name, address, and occupation of every
director and officer of the bank or commercial lending
institution and the average monthly balance of each account
held during the preceding twelve months by the bank or
commercial lending institution from the governmental entity
for which the individual is an official or candidate or
professional staff member, or all interest paid by a borrower
on loans from and all interest paid to a depositor by the bank
or commercial lending institution if the interest exceeds *six
hundred dollars; and
(h) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which any direct
financial interest was acquired during the preceding calendar
year, and a statement of the amount and nature of the
financial interest and of the consideration given in exchange
for that interest; and
(i) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which any direct
financial interest was divested during the preceding calendar
year, and a statement of the amount and nature of the
consideration received in exchange for that interest, and the
name and address of the person furnishing the consideration;
and
(j) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which a direct
financial interest was held: PROVIDED, That if a description of the property has been included in a report previously
filed, the property may be listed, for purposes of this
provision, by reference to the previously filed report; and
(2002 Ed.)
42.17.241
(k) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*five thousand dollars, in which a corporation, partnership,
firm, enterprise, or other entity had a direct financial interest,
in which corporation, partnership, firm, or enterprise a ten
percent or greater ownership interest was held; and
(l) A list of each occasion, specifying date, donor, and
amount, at which food and beverage in excess of fifty
dollars was accepted under RCW 42.52.150(5); [and]
(m) A list of each occasion, specifying date, donor, and
amount, at which items specified in **RCW 42.52.010(9) (d)
and (f) were accepted; [and]
(n) Such other information as the commission may deem
necessary in order to properly carry out the purposes and
policies of this chapter, as the commission shall prescribe by
rule.
(2) Where an amount is required to be reported under
subsection (1)(a) through (m) of this section, it shall be
sufficient to comply with the requirement to report whether
the amount is less than *one thousand dollars, at least *one
thousand dollars but less than *five thousand dollars, at least
*five thousand dollars but less than *ten thousand dollars, at
least *ten thousand dollars but less than *twenty-five
thousand dollars, or *twenty-five thousand dollars or more.
An amount of stock may be reported by number of shares
instead of by market value. No provision of this subsection
may be interpreted to prevent any person from filing more
information or more detailed information than required.
(3) Items of value given to an official’s or employee’s
spouse or family member are attributable to the official or
employee, except the item is not attributable if an independent business, family, or social relationship exists between
the donor and the spouse or family member. [1995 c 397 §
9; 1984 c 34 § 3; 1979 ex.s. c 126 § 42.]
Reviser’s note: *(1) The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.370. For current dollar amounts, see chapter 390-24 of the
Washington Administrative Code (WAC).
**(2) RCW 42.52.010 was amended by 1996 c 213 § 1, changing
subsection (9) to subsection (10).
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
42.17.242 Concealing identity of source of payment
prohibited—Exception. No payment shall be made to any
person required to report under RCW 42.17.240 and no
payment shall be accepted by any such person, directly or
indirectly, in a fictitious name, anonymously, or by one
person through an agent, relative, or other person in such a
manner as to conceal the identity of the source of the payment or in any other manner so as to effect concealment
except that the commission may issue categorical and
specific exemptions to the reporting of the actual source
when there is an undisclosed principal for recognized
legitimate business purposes. [1977 ex.s. c 336 § 4.]
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.243 Public office fund—What constitutes,
restrictions on use—Reporting of—Disposal of remaining
funds.
Reviser’s note: RCW 42.17.243 was amended by 1991 sp.s. c 18 §
4 without reference to its repeal by 1993 c 2 § 35 (Initiative Measure No.
[Title 42 RCW—page 31]
42.17.243
Title 42 RCW: Public Officers and Agencies
134). It has been decodified for publication purposes pursuant to RCW
1.12.025.
REPORTING BY PUBLIC TREASURERS
42.17.245 Public accounts of governmental entities
held by financial institutions—Statements and reports—
Contents—Filing. After January 1st and before April 15th
of each calendar year, the state treasurer, each county, public
utility district, and port district treasurer, and each treasurer
of an incorporated city or town whose population exceeds
one thousand shall file with the commission:
(1) A statement under oath that no public funds under
that treasurer’s control were invested in any institution where
the treasurer or, in the case of a county, a member of the
county finance committee, held during the reporting period
an office, directorship, partnership interest, or ownership
interest; or
(2) A report disclosing for the previous calendar year:
(a) The name and address of each financial institution in
which the treasurer or, in the case of a county, a member of
the county finance committee, held during the reporting
period an office, directorship, partnership interest, or
ownership interest which holds or has held during the
reporting period public accounts of the governmental entity
for which the treasurer is responsible; (b) the aggregate sum
of time and demand deposits held in each such financial
institution on December 31; and (c) the highest balance held
at any time during such reporting period: PROVIDED, That
the state treasurer shall disclose the highest balance information only upon request under RCW 42.17.250 through
42.17.330. The statement or report required by this section
shall be filed either with the statement required under RCW
42.17.240 or separately. [1983 c 213 § 1; 1981 c 102 § 1;
1975-’76 2nd ex.s. c 112 § 10.]
PUBLIC RECORDS
42.17.250 Duty to publish procedures. (1) Each
state agency shall separately state and currently publish in
the Washington Administrative Code and each local agency
shall prominently display and make available for inspection
and copying at the central office of such local agency, for
guidance of the public:
(a) Descriptions of its central and field organization and
the established places at which, the employees from whom,
and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency
decisions;
(b) Statements of the general course and method by
which its operations are channeled and determined, including
the nature and requirements of all formal and informal
procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as
authorized by law, and statements of general policy or
interpretations of general applicability formulated and
adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of
the foregoing.
[Title 42 RCW—page 32]
(2) Except to the extent that he has actual and timely
notice of the terms thereof, a person may not in any manner
be required to resort to, or be adversely affected by, a matter
required to be published or displayed and not so published
or displayed. [1973 c 1 § 25 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.251 Construction. The people of this state do
not yield their sovereignty to the agencies that serve them.
The people, in delegating authority, do not give their public
servants the right to decide what is good for the people to
know and what is not good for them to know. The people
insist on remaining informed so that they may maintain
control over the instruments that they have created. The
public records subdivision of this chapter shall be liberally
construed and its exemptions narrowly construed to promote
this public policy. [1992 c 139 § 2.]
42.17.255 Invasion of privacy, when. A person’s
"right to privacy," "right of privacy," "privacy," or "personal
privacy," as these terms are used in this chapter, is invaded
or violated only if disclosure of information about the
person: (1) Would be highly offensive to a reasonable
person, and (2) is not of legitimate concern to the public.
The provisions of this chapter dealing with the right to
privacy in certain public records do not create any right of
privacy beyond those rights that are specified in this chapter
as express exemptions from the public’s right to inspect,
examine, or copy public records. [1987 c 403 § 2.]
Intent—1987 c 403: "The legislature intends to restore the law
relating to the release of public records largely to that which existed prior
to the Washington Supreme Court decision in "In Re Rosier," 105 Wn.2d
606 (1986). The intent of this legislation is to make clear that: (1) Absent
statutory provisions to the contrary, agencies possessing records should in
responding to requests for disclosure not make any distinctions in releasing
or not releasing records based upon the identity of the person or agency
which requested the records, and (2) agencies having public records should
rely only upon statutory exemptions or prohibitions for refusal to provide
public records. Further, to avoid unnecessary confusion, "privacy" as used
in RCW 42.17.255 is intended to have the same meaning as the definition
given that word by the Supreme Court in "Hearst v. Hoppe," 90 Wn.2d 123,
135 (1978)." [1987 c 403 § 1.]
Severability—1987 c 403: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 403 § 7.]
42.17.258 Disclaimer of public liability. No public
agency, public official, public employee, or custodian shall
be liable, nor shall a cause of action exist, for any loss or
damage based upon the release of a public record if the
public agency, public official, public employee, or custodian
acted in good faith in attempting to comply with the provisions of this chapter. [1992 c 139 § 11.]
42.17.260 Documents and indexes to be made
public. (1) Each agency, in accordance with published
rules, shall make available for public inspection and copying
all public records, unless the record falls within the specific
exemptions of subsection (6) of this section, RCW
42.17.310, 42.17.315, or other statute which exempts or
prohibits disclosure of specific information or records. To
the extent required to prevent an unreasonable invasion of
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
personal privacy interests protected by RCW 42.17.310 and
42.17.315, an agency shall delete identifying details in a
manner consistent with RCW 42.17.310 and 42.17.315 when
it makes available or publishes any public record; however,
in each case, the justification for the deletion shall be
explained fully in writing.
(2) For informational purposes, each agency shall
publish and maintain a current list containing every law,
other than those listed in this chapter, that the agency
believes exempts or prohibits disclosure of specific information or records of the agency. An agency’s failure to list an
exemption shall not affect the efficacy of any exemption.
(3) Each local agency shall maintain and make available
for public inspection and copying a current index providing
identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973:
(a) Final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of
cases;
(b) Those statements of policy and interpretations of
policy, statute, and the Constitution which have been adopted
by the agency;
(c) Administrative staff manuals and instructions to staff
that affect a member of the public;
(d) Planning policies and goals, and interim and final
planning decisions;
(e) Factual staff reports and studies, factual consultant’s
reports and studies, scientific reports and studies, and any
other factual information derived from tests, studies, reports,
or surveys, whether conducted by public employees or
others; and
(f) Correspondence, and materials referred to therein, by
and with the agency relating to any regulatory, supervisory,
or enforcement responsibilities of the agency, whereby the
agency determines, or opines upon, or is asked to determine
or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
(4) A local agency need not maintain such an index, if
to do so would be unduly burdensome, but it shall in that
event:
(a) Issue and publish a formal order specifying the
reasons why and the extent to which compliance would
unduly burden or interfere with agency operations; and
(b) Make available for public inspection and copying all
indexes maintained for agency use.
(5) Each state agency shall, by rule, establish and
implement a system of indexing for the identification and
location of the following records:
(a) All records issued before July 1, 1990, for which the
agency has maintained an index;
(b) Final orders entered after June 30, 1990, that are
issued in adjudicative proceedings as defined in RCW
34.05.010 and that contain an analysis or decision of
substantial importance to the agency in carrying out its
duties;
(c) Declaratory orders entered after June 30, 1990, that
are issued pursuant to RCW 34.05.240 and that contain an
analysis or decision of substantial importance to the agency
in carrying out its duties;
(d) Interpretive statements as defined in RCW 34.05.010
that were entered after June 30, 1990; and
(2002 Ed.)
42.17.260
(e) Policy statements as defined in RCW 34.05.010 that
were entered after June 30, 1990.
Rules establishing systems of indexing shall include, but
not be limited to, requirements for the form and content of
the index, its location and availability to the public, and the
schedule for revising or updating the index. State agencies
that have maintained indexes for records issued before July
1, 1990, shall continue to make such indexes available for
public inspection and copying. Information in such indexes
may be incorporated into indexes prepared pursuant to this
subsection. State agencies may satisfy the requirements of
this subsection by making available to the public indexes
prepared by other parties but actually used by the agency in
its operations. State agencies shall make indexes available
for public inspection and copying. State agencies may
charge a fee to cover the actual costs of providing individual
mailed copies of indexes.
(6) A public record may be relied on, used, or cited as
precedent by an agency against a party other than an agency
and it may be invoked by the agency for any other purpose
only if—
(a) It has been indexed in an index available to the
public; or
(b) Parties affected have timely notice (actual or
constructive) of the terms thereof.
(7) Each agency shall establish, maintain, and make
available for public inspection and copying a statement of
the actual per page cost or other costs, if any, that it charges
for providing photocopies of public records and a statement
of the factors and manner used to determine the actual per
page cost or other costs, if any.
(a) In determining the actual per page cost for providing
photocopies of public records, an agency may include all
costs directly incident to copying such public records
including the actual cost of the paper and the per page cost
for use of agency copying equipment. In determining other
actual costs for providing photocopies of public records, an
agency may include all costs directly incident to shipping
such public records, including the cost of postage or delivery
charges and the cost of any container or envelope used.
(b) In determining the actual per page cost or other
costs for providing copies of public records, an agency may
not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly
related to the actual cost of copying the public records.
Staff time to copy and mail the requested public records may
be included in an agency’s costs.
(8) An agency need not calculate the actual per page
cost or other costs it charges for providing photocopies of
public records if to do so would be unduly burdensome, but
in that event: The agency may not charge in excess of
fifteen cents per page for photocopies of public records or
for the use of agency equipment to photocopy public records
and the actual postage or delivery charge and the cost of any
container or envelope used to mail the public records to the
requestor.
(9) This chapter shall not be construed as giving
authority to any agency, the office of the secretary of the
senate, or the office of the chief clerk of the house of
representatives to give, sell or provide access to lists of
individuals requested for commercial purposes, and agencies,
the office of the secretary of the senate, and the office of the
[Title 42 RCW—page 33]
42.17.260
Title 42 RCW: Public Officers and Agencies
chief clerk of the house of representatives shall not do so
unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made
available to those professional associations or educational
organizations recognized by their professional licensing or
examination board, upon payment of a reasonable charge
therefor: PROVIDED FURTHER, That such recognition
may be refused only for a good cause pursuant to a hearing
under the provisions of chapter 34.05 RCW, the Administrative Procedure Act. [1997 c 409 § 601. Prior: 1995 c 397
§ 11; 1995 c 341 § 1; 1992 c 139 § 3; 1989 c 175 § 36;
1987 c 403 § 3; 1975 1st ex.s. c 294 § 14; 1973 c 1 § 26
(Initiative Measure No. 276, approved November 7, 1972).]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Effective date—1989 c 175: See note following RCW 34.05.010.
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
Exemption for registered trade names: RCW 19.80.065.
42.17.270 Facilities for copying—Availability of
public records. Public records shall be available for
inspection and copying, and agencies shall, upon request for
identifiable public records, make them promptly available to
any person. Agencies shall not distinguish among persons
requesting records, and such persons shall not be required to
provide information as to the purpose for the request except
to establish whether inspection and copying would violate
*RCW 42.17.260(5) or other statute which exempts or
prohibits disclosure of specific information or records to
certain persons. Agency facilities shall be made available to
any person for the copying of public records except when
and to the extent that this would unreasonably disrupt the
operations of the agency. Agencies shall honor requests
received by mail for identifiable public records unless
exempted by provisions of this chapter. [1987 c 403 § 4;
1975 1st ex.s. c 294 § 15; 1973 c 1 § 27 (Initiative Measure
No. 276, approved November 7, 1972).]
*Reviser’s note: RCW 42.17.260 was amended by 1989 c 175 § 36,
changing subsection (5) to subsection (6). RCW 42.17.260 was subsequently amended by 1992 c 139 § 3, changing subsection (6) to subsection (7).
RCW 42.17.260 was subsequently amended by 1995 c 341 § 1, changing
subsection (7) to subsection (9).
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
42.17.280 Times for inspection and copying. Public
records shall be available for inspection and copying during
the customary office hours of the agency, the office of the
secretary of the senate, and the office of the chief clerk of
the house of representatives: PROVIDED, That if the entity
does not have customary office hours of at least thirty hours
per week, the public records shall be available from nine
o’clock a.m. to noon and from one o’clock p.m. to four
o’clock p.m. Monday through Friday, excluding legal
holidays, unless the person making the request and the
agency, the office of the secretary of the senate, or the office
of the chief clerk of the house of representatives or its
representative agree on a different time. [1995 c 397 § 12;
1973 c 1 § 28 (Initiative Measure No. 276, approved
November 7, 1972).]
[Title 42 RCW—page 34]
42.17.290 Protection of public records—Public
access. Agencies shall adopt and enforce reasonable rules
and regulations, and the office of the secretary of the senate
and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the
time, resource, and personnel constraints associated with
legislative sessions, consonant with the intent of this chapter
to provide full public access to public records, to protect
public records from damage or disorganization, and to
prevent excessive interference with other essential functions
of the agency, the office of the secretary of the senate, or the
office of the chief clerk of the house of representatives.
Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on
requests for information. Nothing in this section shall
relieve agencies, the office of the secretary of the senate, and
the office of the chief clerk of the house of representatives
from honoring requests received by mail for copies of identifiable public records.
If a public record request is made at a time when such
record exists but is scheduled for destruction in the near
future, the agency, the office of the secretary of the senate,
or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not
destroy or erase the record until the request is resolved.
[1995 c 397 § 13; 1992 c 139 § 4; 1975 1st ex.s. c 294 §
16; 1973 c 1 § 29 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.295 Destruction of information relating to
employee misconduct. Nothing in this chapter prevents an
agency from destroying information relating to employee
misconduct or alleged misconduct, in accordance with RCW
41.06.450, to the extent necessary to ensure fairness to the
employee. [1982 c 208 § 13.]
Severability—1982 c 208: See RCW 42.40.900.
42.17.300 Charges for copying. No fee shall be
charged for the inspection of public records. No fee shall be
charged for locating public documents and making them
available for copying. A reasonable charge may be imposed
for providing copies of public records and for the use by any
person of agency equipment or equipment of the office of
the secretary of the senate or the office of the chief clerk of
the house of representatives to copy public records, which
charges shall not exceed the amount necessary to reimburse
the agency, the office of the secretary of the senate, or the
office of the chief clerk of the house of representatives for
its actual costs directly incident to such copying. Agency
charges for photocopies shall be imposed in accordance with
the actual per page cost or other costs established and
published by the agency. In no event may an agency charge
a per page cost greater than the actual per page cost as
established and published by the agency. To the extent the
agency has not determined the actual per page cost for
photocopies of public records, the agency may not charge in
excess of fifteen cents per page. [1995 c 397 § 14; 1995 c
341 § 2; 1973 c 1 § 30 (Initiative Measure No. 276, approved November 7, 1972).]
Reviser’s note: This section was amended by 1995 c 341 § 2 and by
1995 c 397 § 14, each without reference to the other. Both amendments are
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
42.17.305 Other provisions not superseded. The
provisions of RCW 42.17.260 (7) and (8) and 42.17.300 that
establish or allow agencies to establish the costs charged for
photocopies of public records do not supersede other
statutory provisions, other than in this chapter, authorizing or
governing fees for copying public records. [1995 c 341 § 3.]
42.17.310 Certain personal and other records
exempt. (1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for
students in public schools, patients or clients of public
institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to
the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure
of the information to other persons would (i) be prohibited
to such persons by RCW 84.08.210, 82.32.330, 84.40.020,
or 84.40.340 or (ii) violate the taxpayer’s right to privacy or
result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific
investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with
the responsibility to discipline members of any profession,
the nondisclosure of which is essential to effective law
enforcement or for the protection of any person’s right to
privacy.
(e) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other
than the public disclosure commission, if disclosure would
endanger any person’s life, physical safety, or property. If
at the time a complaint is filed the complainant, victim or
witness indicates a desire for disclosure or nondisclosure,
such desire shall govern. However, all complaints filed with
the public disclosure commission about any elected official
or candidate for public office must be made in writing and
signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination
data used to administer a license, employment, or academic
examination.
(g) Except as provided by chapter 8.26 RCW, the
contents of real estate appraisals, made for or by any agency
relative to the acquisition or sale of property, until the
project or prospective sale is abandoned or until such time
as all of the property has been acquired or the property to
which the sale appraisal relates is sold, but in no event shall
disclosure be denied for more than three years after the
appraisal.
(h) Valuable formulae, designs, drawings, computer
source code or object code, and research data obtained by
any agency within five years of the request for disclosure
when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and
intra-agency memorandums in which opinions are expressed
or policies formulated or recommended except that a specific
(2002 Ed.)
42.17.300
record shall not be exempt when publicly cited by an agency
in connection with any agency action.
(j) Records which are relevant to a controversy to which
an agency is a party but which records would not be
available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the
location of archaeological sites in order to avoid the looting
or depredation of such sites.
(l) Any library record, the primary purpose of which is
to maintain control of library materials, or to gain access to
information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (i) a ferry system construction
or repair contract as required by RCW 47.60.680 through
47.60.750 or (ii) highway construction or improvement as
required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28,
1991, with the utilities and transportation commission under
*RCW 81.34.070, except that the summaries of the contracts
are open to public inspection and copying as otherwise
provided by this chapter.
(o) Financial and commercial information and records
supplied by private persons pertaining to export services
provided pursuant to chapter 43.163 RCW and chapter 53.31
RCW, and by persons pertaining to export projects pursuant
to RCW 43.23.035.
(p) Financial disclosures filed by private vocational
schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation
commission or attorney general under RCW 80.04.095 that
a court has determined are confidential under RCW
80.04.095.
(r) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided
by any local agency.
(s) Membership lists or lists of members or owners of
interests of units in timeshare projects, subdivisions, camping
resorts, condominiums, land developments, or commoninterest communities affiliated with such projects, regulated
by the department of licensing, in the files or possession of
the department.
(t) All applications for public employment, including the
names of applicants, resumes, and other related materials
submitted with respect to an applicant.
(u) The residential addresses or residential telephone
numbers of employees or volunteers of a public agency
which are held by any public agency in personnel records,
public employment related records, or volunteer rosters, or
are included in any mailing list of employees or volunteers
of any public agency.
(v) The residential addresses and residential telephone
numbers of the customers of a public utility contained in the
records or lists held by the public utility of which they are
customers, except that this information may be released to
the division of child support or the agency or firm providing
child support enforcement for another state under Title IV-D
[Title 42 RCW—page 35]
42.17.310
Title 42 RCW: Public Officers and Agencies
of the federal social security act, for the establishment,
enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals
governed under chapter 18.130 RCW maintained in the files
of the department of health, except this exemption does not
apply to requests made directly to the department from
federal, state, and local agencies of government, and national
and state licensing, credentialing, investigatory, disciplinary,
and examination organizations; (ii) the current residential
address and current residential telephone number of a health
care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests
that this information be withheld from public inspection and
copying, and provides to the department an accurate alternate
or business address and business telephone number. On or
after January 1, 1995, the current residential address and
residential telephone number of a health care provider
governed under RCW 18.130.040 maintained in the files of
the department shall automatically be withheld from public
inspection and copying unless the provider specifically
requests the information be released, and except as provided
for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as
provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or
the department of health and its representatives as provided
in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination
reports, and any information produced or obtained in
evaluating or examining a business and industrial development corporation organized or seeking certification under
chapter 31.24 RCW.
(aa) Financial and commercial information supplied to
the state investment board by any person when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds
or in private loss to the providers of this information.
(bb) Financial and valuable trade information under
RCW 51.36.120.
(cc) Client records maintained by an agency that is a
domestic violence program as defined in RCW 70.123.020
or 70.123.075 or a rape crisis center as defined in RCW
70.125.030.
(dd) Information that identifies a person who, while an
agency employee: (i) Seeks advice, under an informal
process established by the employing agency, in order to
ascertain his or her rights in connection with a possible
unfair practice under chapter 49.60 RCW against the person;
and (ii) requests his or her identity or any identifying
information not be disclosed.
(ee) Investigative records compiled by an employing
agency conducting a current investigation of a possible
unfair practice under chapter 49.60 RCW or of a possible
violation of other federal, state, or local laws prohibiting
discrimination in employment.
(ff) Business related information protected from public
inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by the clean Washington center in applications for, or
delivery of, program services under chapter 70.95H RCW.
[Title 42 RCW—page 36]
(hh) Information and documents created specifically for,
and collected and maintained by a quality improvement
committee pursuant to RCW 43.70.510 or 70.41.200, or by
a peer review committee under RCW 4.24.250, regardless of
which agency is in possession of the information and
documents.
(ii) Personal information in files maintained in a data
base created under **RCW 43.07.360.
(jj) Financial and commercial information requested by
the public stadium authority from any person or organization
that leases or uses the stadium and exhibition center as
defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or
transitional housing that are furnished to the department of
revenue or a county assessor in order to substantiate a claim
for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records
held by an agency in relation to a vanpool, carpool, or other
ride-sharing program or service. However, these records
may be disclosed to other persons who apply for ridematching services and who need that information in order to
identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current
or former participants or applicants in a paratransit or other
transit service operated for the benefit of persons with
disabilities or elderly persons.
(nn) The personally identifying information of persons
who acquire and use transit passes and other fare payment
media including, but not limited to, stored value smart cards
and magnetic strip cards, except that an agency may disclose
this information to a person, employer, educational institution, or other entity that is responsible, in whole or in
part, for payment of the cost of acquiring or using a transit
pass or other fare payment media, or to the news media
when reporting on public transportation or public safety.
This information may also be disclosed at the agency’s
discretion to governmental agencies or groups concerned
with public transportation or public safety.
(oo) Proprietary financial and commercial information
that the submitting entity, with review by the department of
health, specifically identifies at the time it is submitted and
that is provided to or obtained by the department of health
in connection with an application for, or the supervision of,
an antitrust exemption sought by the submitting entity under
RCW 43.72.310. If a request for such information is
received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice,
the submitting entity shall provide a written statement of the
continuing need for confidentiality, which shall be provided
to the requester. Upon receipt of such notice, the department
of health shall continue to treat information designated under
this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the
submitting entity must be joined as a party to demonstrate
the continuing need for confidentiality.
(pp) Records maintained by the board of industrial
insurance appeals that are related to appeals of crime
victims’ compensation claims filed with the board under
RCW 7.68.110.
(qq) Financial and commercial information supplied by
or on behalf of a person, firm, corporation, or entity under
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
chapter 28B.95 RCW relating to the purchase or sale of
tuition units and contracts for the purchase of multiple
tuition units.
(rr) Any records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenses contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020,
which have been transferred to the Washington association
of sheriffs and police chiefs for permanent electronic
retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other
financial account numbers supplied to an agency for the
purpose of electronic transfer of funds, except when disclosure is expressly required by law.
(tt) Financial information, including but not limited to
account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation,
limited liability company, partnership, or other entity related
to an application for a liquor license, gambling license, or
lottery retail license.
(uu) Records maintained by the employment security
department and subject to chapter 50.13 RCW if provided to
another individual or organization for operational, research,
or evaluation purposes.
(vv) Individually identifiable information received by the
work force training and education coordinating board for
research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or
maintained to prevent, mitigate, or respond to criminal
terrorist acts, which are acts that significantly disrupt the
conduct of government or of the general civilian population
of the state or the United States and that manifest an extreme
indifference to human life, the public disclosure of which
would have a substantial likelihood of threatening public
safety, consisting of:
(i) Specific and unique vulnerability assessments or
specific and unique response or deployment plans, including
compiled underlying data collected in preparation of or
essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under
federal law that are shared by federal or international
agencies, and information prepared from national security
briefings provided to state or local government officials
related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks
required to be provided to the department of fish and
wildlife under RCW 77.12.047, when the data identifies
specific catch location, timing, or methodology and the
release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data.
However, this information may be released to government
agencies concerned with the management of fish and wildlife
resources.
(yy) Sensitive wildlife data obtained by the department
of fish and wildlife. However, sensitive wildlife data may
be released to government agencies concerned with the
management of fish and wildlife resources. Sensitive
wildlife data includes:
(i) The nesting sites or specific locations of endangered
species designated under RCW 77.12.020, or threatened or
(2002 Ed.)
42.17.310
sensitive species classified by rule of the department of fish
and wildlife;
(ii) Radio frequencies used in, or locational data
generated by, telemetry studies; or
(iii) Other location data that could compromise the
viability of a specific fish or wildlife population, and where
at least one of the following criteria are met:
(A) The species has a known commercial or black
market value;
(B) There is a history of malicious take of that species;
or
(C) There is a known demand to visit, take, or disturb,
and the species behavior or ecology renders it especially
vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons
who acquire recreational licenses under RCW 77.32.010 or
commercial licenses under chapter 77.65 or 77.70 RCW,
except name, address of contact used by the department, and
type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child
support division, and to the department of licensing in order
to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of
firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed
forces of the United States filed at the office of the county
auditor before July 1, 2002, that have not been commingled
with other recorded documents. These records will be
available only to the veteran, the veteran’s next of kin, a
deceased veteran’s properly appointed personal representative
or executor, a person holding that veteran’s general power of
attorney, or to anyone else designated in writing by that
veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of
the United States filed at the office of the county auditor
before July 1, 2002, that have been commingled with other
records, if the veteran has recorded a "request for exemption
from public disclosure of discharge papers" with the county
auditor. If such a request has been recorded, these records
may be released only to the veteran filing the papers, the
veteran’s next of kin, a deceased veteran’s properly appointed personal representative or executor, a person holding the
veteran’s general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of
the county auditor after June 30, 2002, are not public
records, but will be available only to the veteran, the
veteran’s next of kin, a deceased veteran’s properly appointed personal representative or executor, a person holding the
veteran’s general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of
kin of deceased veterans have the same rights to full access
to the record. Next of kin are the veteran’s widow or
widower who has not remarried, son, daughter, father,
mother, brother, and sister.
[Title 42 RCW—page 37]
42.17.310
Title 42 RCW: Public Officers and Agencies
(bbb) Those portions of records containing specific and
unique vulnerability assessments or specific and unique
emergency and escape response plans at a city, county, or
state adult or juvenile correctional facility, the public
disclosure of which would have a substantial likelihood of
threatening the security of a city, county, or state adult or
juvenile correctional facility or any individual’s safety.
(ccc) Information compiled by school districts or
schools in the development of their comprehensive safe
school plans pursuant to RCW 28A.320.125, to the extent
that they identify specific vulnerabilities of school districts
and each individual school.
(ddd) Information regarding the infrastructure and
security of computer and telecommunications networks,
consisting of security passwords, security access codes and
programs, access codes for secure software applications,
security and service recovery plans, security risk assessments, and security test results to the extent that they
identify specific system vulnerabilities.
(2) Except for information described in subsection
(1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the
exemptions of this section are inapplicable to the extent that
information, the disclosure of which would violate personal
privacy or vital governmental interests, can be deleted from
the specific records sought. No exemption may be construed
to permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt
under the provisions of this section may be permitted if the
superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every
person in interest and the agency, that the exemption of such
records is clearly unnecessary to protect any individual’s
right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of
the specific exemption authorizing the withholding of the
record (or part) and a brief explanation of how the exemption applies to the record withheld. [2002 c 335 § 1; 2002
c 224 § 2; 2002 c 205 § 4; 2002 c 172 § 1. Prior: 2001 c
278 § 1; 2001 c 98 § 2; 2001 c 70 § 1; prior: 2000 c 134
§ 3; 2000 c 56 § 1; 2000 c 6 § 5; prior: 1999 c 326 § 3;
1999 c 290 § 1; 1999 c 215 § 1; 1998 c 69 § 1; prior: 1997
c 310 § 2; 1997 c 274 § 8; 1997 c 250 § 7; 1997 c 239 § 4;
1997 c 220 § 120 (Referendum Bill No. 48, approved June
17, 1997); 1997 c 58 § 900; prior: 1996 c 305 § 2; 1996 c
253 § 302; 1996 c 191 § 88; 1996 c 80 § 1; 1995 c 267 § 6;
prior: 1994 c 233 § 2; 1994 c 182 § 1; prior: 1993 c 360
§ 2; 1993 c 320 § 9; 1993 c 280 § 35; prior: 1992 c 139 §
5; 1992 c 71 § 12; 1991 c 301 § 13; 1991 c 87 § 13; 1991
c 23 § 10; 1991 c 1 § 1; 1990 2nd ex.s. c 1 § 1103; 1990 c
256 § 1; prior: 1989 1st ex.s. c 9 § 407; 1989 c 352 § 7;
1989 c 279 § 23; 1989 c 238 § 1; 1989 c 205 § 20; 1989 c
189 § 3; 1989 c 11 § 12; prior: 1987 c 411 § 10; 1987 c
404 § 1; 1987 c 370 § 16; 1987 c 337 § 1; 1987 c 107 § 2;
prior: 1986 c 299 § 25; 1986 c 276 § 7; 1985 c 414 § 8;
1984 c 143 § 21; 1983 c 133 § 10; 1982 c 64 § 1; 1977
ex.s. c 314 § 13; 1975-’76 2nd ex.s. c 82 § 5; 1975 1st ex.s.
c 294 § 17; 1973 c 1 § 31 (Initiative Measure No. 276,
approved November 7, 1972).]
[Title 42 RCW—page 38]
Reviser’s note: *(1) RCW 81.34.070 was repealed by 1991 c 49 §
1.
**(2) RCW 43.07.360 expired December 31, 2000, pursuant to 1996
c 253 § 502.
(3) This section was amended by 2002 c 172 § 1, 2002 c 205 § 4,
2002 c 224 § 2, and by 2002 c 335 § 1, each without reference to the other.
All amendments are incorporated in the publication of this section under
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Working group on veterans’ records: "The protection from identity
theft for veterans who choose to file their discharge papers with the county
auditor is a matter of gravest concern. At the same time, the integrity of the
public record of each county is a matter of utmost importance to the
economic life of this state and to the right of each citizen to be secure in his
or her ownership of real property and other rights and obligations of our
citizens that rely upon the public record for their proof. Likewise the
integrity of the public record is essential for the establishment of ancestral
ties that may be of interest to this and future generations. While the public
record as now kept by the county auditors is sufficient by itself for the
accomplishment of these and many other public and private purposes, the
proposed use of the public record for purposes that in their nature and intent
are not public, so as to keep the veterans’ discharge papers from disclosure
to those of ill intent, causes concern among many segments of the
population of this state.
In order to voice these concerns effectively and thoroughly, a working
group may be convened by the joint committee on veterans’ and military
affairs to develop a means to preserve the integrity of the public record
while protecting those veterans from identity theft." [2002 c 224 § 1.]
Effective date—2002 c 224 § 1: "Section 1 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [March 28, 2002]." [2002 c 224 § 4.]
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and
4: See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and
safety is promoted when the public has knowledge that enables them to
make informed choices about their health and safety. Therefore, the
legislature declares, as a matter of public policy, that the public has a right
to information necessary to protect members of the public from harm caused
by alleged hazards or threats to the public.
The legislature also recognizes that the public disclosure of those
portions of records containing specific and unique vulnerability assessments
or specific and unique response plans, either of which is intended to prevent
or mitigate criminal terrorist acts as defined in RCW 70.74.285, could have
a substantial likelihood of threatening public safety. Therefore, the
legislature declares, as a matter of public policy, that such specific and
unique information should be protected from unnecessary disclosure."
[2001 c 98 § 1.]
Findings—Conflict with federal requirements—Severability—2000
c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1996 c 305: See note following RCW 28B.85.020.
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Effective date—1994 c 233: See note following RCW 70.123.075.
Effective date—1994 c 182: "This act shall take effect July 1, 1994."
[1994 c 182 § 2.]
Effective date—1993 c 360: See note following RCW 18.130.085.
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1987 c 411: See RCW 69.45.900.
Severability—Effective date—1986 c 299: See RCW 28C.10.900
and 28C.10.902.
Severability—1986 c 276: See RCW 53.31.901.
Basic health plan records: RCW 70.47.150.
Exemptions from public inspection
accounting records of special inquiry judge: RCW 10.29.090.
bill drafting service of code reviser’s office: RCW 1.08.027, 44.68.060.
certificate submitted by physically or mentally disabled person seeking a
driver’s license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children’s ombudsman: RCW 43.06A.050.
joint legislative service center, information: RCW 44.68.060.
medical quality assurance commission, reports required to be filed with:
RCW 18.71.0195.
organized crime
advisory board files: RCW 10.29.030.
investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.230.
salary and fringe benefit survey information: RCW 41.06.160.
42.17.311 Duty to disclose or withhold information—Otherwise provided. Nothing in RCW 42.17.310(1)
(t) through (v) shall affect a positive duty of an agency to
disclose or a positive duty to withhold information which
duty to disclose or withhold is contained in any other law.
[1991 c 23 § 11; 1990 c 256 § 2; 1987 c 404 § 3.]
42.17.312 Medical records—Health care information. Chapter 70.02 RCW applies to public inspection and
copying of health care information of patients. [1991 c 335
§ 902.]
Application and construction—Short title—Severability—Captions
not law—1991 c 335: See RCW 70.02.901 through 70.02.904.
42.17.313 Application for license or small loan
endorsement under chapter 31.45 RCW—Certain
information exempt. Information in an application for
licensing or a small loan endorsement under chapter 31.45
RCW regarding the personal residential address, telephone
number of the applicant, or financial statement is exempt
from disclosure under this chapter. [1995 c 18 § 8; 1991 c
355 § 22.]
Effective date, implementation—1991 c 355: See RCW 31.45.900.
42.17.314 Electrical utility records, request by law
enforcement agency. A law enforcement authority may not
request inspection or copying of records of any person,
which belong to a public utility district or a municipally
owned electrical utility, unless the authority provides the
(2002 Ed.)
42.17.310
public utility district or municipally owned electrical utility
with a written statement in which the authority states that it
suspects that the particular person to whom the records
pertain has committed a crime and the authority has a
reasonable belief that the records could determine or help
determine whether the suspicion might be true. Information
obtained in violation of this rule is inadmissible in any
criminal proceeding. [1987 c 403 § 6.]
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
42.17.315 Certain records obtained by colleges,
universities, libraries, or archives exempt. Notwithstanding the provisions of RCW 42.17.260 through 42.17.340, as
now or hereafter amended, no state college, university,
library, or archive shall be required by chapter 42.17 RCW
to make available for public inspection and copying any
records or documents obtained by said college, university,
library, or archive through or concerning any gift, grant,
conveyance, bequest, or devise, the terms of which restrict
or regulate public access to such records or documents:
PROVIDED, That this section shall not apply to any public
records as defined in RCW 40.14.010. [1975 1st ex.s. c 294
§ 22.]
42.17.316 Certain records of impaired physician
program exempt. The disclosure requirements of this
chapter shall not apply to records of the entity obtained in an
action under RCW 18.71.300 through 18.71.340. [2001 c 64
§ 3; 1994 sp.s. c 9 § 726; 1987 c 416 § 7.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.71.300.
42.17.317 Information on commercial fertilizer
distribution exempt. Information provided under RCW
15.54.362 is exempt from disclosure under this chapter.
[1987 c 45 § 15.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
42.17.318 Information on concealed pistol licenses
exempt. The license applications under RCW 9.41.070 are
exempt from the disclosure requirements of this chapter.
Copies of license applications or information on the applications may be released to law enforcement or corrections
agencies. [1988 c 219 § 2.]
42.17.319 Certain records of department of community, trade, and economic development exempt. (1)
Notwithstanding the provisions of RCW 42.17.260 through
42.17.340, the following information supplied to the department of community, trade, and economic development is
exempt from disclosure under this chapter:
(a) Financial and proprietary information collected from
any person and provided to the department of community,
trade, and economic development pursuant to RCW
43.330.050(8) and 43.330.080(4); and
(b) Financial or proprietary information collected from
any person and provided to the department or the office of
the governor in connection with the siting, recruitment,
[Title 42 RCW—page 39]
42.17.319
Title 42 RCW: Public Officers and Agencies
expansion, retention, or relocation of that person’s business
and until a siting decision is made, identifying information
of any person supplying information under this section and
the locations being considered for siting, relocation, or
expansion of a business.
(2) Any work product developed by the department
based on information as described in subsection (1)(a) of this
section is not exempt from disclosure.
(3) For the purposes of this section, "siting decision"
means the decision to acquire or not to acquire a site.
(4) If there is no written contact for a period of sixty
days to the department from a person connected with siting,
recruitment, expansion, retention, or relocation of that
person’s business, information described in subsection (1)(b)
of this section will be available to the public under the
provisions of RCW 42.17.250 through 42.17.340.
(5) Nothing in this section shall apply to records of any
other state agency or of a local agency. [2001 c 87 § 1;
1999 c 150 § 1; 1993 c 280 § 36; 1989 c 312 § 7.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1989 c 312: See note following RCW 43.31.403.
42.17.31901 Identity of child victims of sexual
assault exempt. Information revealing the identity of child
victims of sexual assault who are under age eighteen is
confidential and not subject to public disclosure. Identifying
information means the child victim’s name, address, location,
photograph, and in cases in which the child victim is a
relative or stepchild of the alleged perpetrator, identification
of the relationship between the child and the alleged perpetrator. [1992 c 188 § 6.]
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
42.17.31902 Infant mortality review. Notwithstanding the provisions of RCW 42.17.250 through 42.17.340, no
local health department may be required under this chapter
to make available for public inspection or copying any records or documents obtained, prepared, or maintained by the
local health department for the purposes of an infant mortality review conducted by the department pursuant to RCW
70.05.170. This section shall not apply to published statistical compilations and reports relating to the infant
mortality review studies that do not identify individual cases
and sources of information. [1992 c 179 § 2.]
42.17.31903 Identification of viators regulated by
the insurance commissioner exempt. The names and
individual identification data of all viators regulated by the
insurance commissioner under chapter 48.102 RCW are
exempt from the disclosure and reporting requirements of
this chapter. [1995 c 161 § 15.]
42.17.31905 Insurance information on certain
material transactions exempt. Information provided under
RCW 48.05.510 through 48.05.535, 48.43.200 through
48.43.225, 48.44.530 through 48.44.555, and 48.46.600
through 48.46.625 is exempt from disclosure under this
chapter. [1995 c 86 § 25.]
42.17.31906 Fireworks records exempt. All records
obtained and all reports produced, as required under chapter
70.77 RCW, are not subject to the disclosure requirements
under this chapter. [1995 c 61 § 30.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
42.17.31907 Agricultural business and commodity
board and commission records exempt. The following
agricultural business records and commodity board and
commission records are exempt from the disclosure requirements of this chapter:
(1) Production or sales records required to determine
assessment levels and actual assessment payments to
commodity boards and commissions formed under chapters
15.24, 15.26, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88,
15.100, and 16.67 RCW or required by the department of
agriculture to administer these chapters or the department’s
programs;
(2) Consignment information contained on phytosanitary
certificates issued by the department of agriculture under
chapters 15.13, 15.49, and 15.17 RCW or federal
phytosanitary certificates issued under 7 C.F.R. 353 through
cooperative agreements with the animal and plant health
inspection service, United States department of agriculture,
or on applications for phytosanitary certification required by
the department of agriculture; and
(3) Financial and commercial information and records
supplied by persons (a) to the department of agriculture for
the purpose of conducting a referendum for the potential
establishment of a commodity board or commission; (b) to
the department of agriculture or commodity boards or
commissions formed under chapter 15.24, 15.28, 15.44,
15.65, 15.66, 15.74, 15.88, 15.100, or 16.67 RCW with
respect to domestic or export marketing activities or individual producer’s production information. [2002 c 313 § 66;
2001 c 314 § 18; 1996 c 80 § 3.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Findings—Construction—Severability—2001 c 314: See RCW
15.100.010, 15.100.900, and 15.100.901.
42.17.31908 Business information gathered under
certain regulatory activities exempt. The disclosure
requirements of this chapter do not apply to information
gathered under chapter 19.85 RCW or RCW 34.05.328 that
can be identified to a particular business. [1996 c 102 § 1.]
Short title—1995 c 161: See RCW 48.102.900.
42.17.31904 Insurance antifraud plans exempt.
Information provided under RCW 48.30A.045 through
48.30A.060 are exempt from disclosure under this chapter.
[1995 c 285 § 15.]
Effective date—1995 c 285: See RCW 48.30A.900.
[Title 42 RCW—page 40]
42.17.31909 American ginseng growers or dealers—
Certain information exempt. Except under RCW
15.19.080, information obtained regarding the purchases,
sales, or production of an individual American ginseng
grower or dealer is exempt from disclosure under this
chapter. [1998 c 154 § 33; 1996 c 188 § 6.]
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
42.17.31910 Uniform Disciplinary Act complaints
exempt. Complaints filed under chapter 18.130 RCW after
July 27, 1997, are exempt from disclosure under this chapter
to the extent provided in RCW 18.130.095(1). [1997 c 270
§ 2.]
42.17.31911 Examination reports and information
from financial institutions exempt. Examination reports
and information obtained by the department of financial
institutions from banks under RCW 30.04.075, from savings
banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW
31.12.565, from check cashers and sellers under RCW
31.45.030(3), and from securities brokers and investment
advisers under RCW 21.20.100 are confidential and privileged information and not subject to public disclosure under
this chapter. [1997 c 258 § 1.]
42.17.31912 Motor carrier information systems.
Any information obtained by governmental agencies that is
collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer is confidential and not
subject to public disclosure under this chapter. However, the
information may be given to other governmental agencies or
the owners of the truck, tractor, or trailer from which the
information is obtained. As used in this section, "motor
carrier" has the same definition as provided in RCW
81.80.010. [1999 c 146 § 1.]
42.17.31913 Marine employees salary surveys.
Salary and employee benefit information collected under
RCW 47.64.220(1) and described in RCW 47.64.220(2) is
exempt from disclosure under this chapter except as provided
in RCW 47.64.220. [1999 c 256 § 2.]
42.17.31914 Rail fixed guideway system—Safety
and security program plan. The security section of
transportation system safety and security program plans
required under RCW 35.21.228, 35A.21.300, 36.01.210,
36.57.120, 36.57A.170, and 81.112.180 are exempt from
disclosure under this chapter. [1999 c 202 § 8.]
Effective date—1999 c 202: See note following RCW 35.21.228.
42.17.31915 Service contract providers—Financial
reports exempt. Information provided to the insurance
commissioner under RCW 48.110.040(3) is exempt from disclosure under this chapter. [1999 c 112 § 18.]
Severability—1999 c 112: See RCW 48.110.901.
42.17.31916 Insurance information. Documents,
materials, or information obtained by the insurance commissioner under RCW 48.02.065 are confidential and privileged
and not subject to public disclosure under this chapter.
[2001 c 57 § 2.]
42.17.31917 Insurance information—Proprietary or
trade secret. Confidential proprietary and trade secret
information provided to the commissioner under RCW
(2002 Ed.)
42.17.31910
48.31C.020 through 48.31C.050 and 48.31C.070 are exempt
from disclosure under this chapter. [2001 c 179 § 14.]
Severability—Effective date—2001 c 179: See RCW 48.31C.900
and 48.31C.901.
42.17.31918 Agriculture records exempt—Apple
merchants. The disclosure requirements of this chapter do
not apply to information that can be identified to a particular
business and that is collected under section 3(1), chapter
235, Laws of 2002. [2002 c 235 § 4.]
42.17.320 Prompt responses required. Responses to
requests for public records shall be made promptly by
agencies, the office of the secretary of the senate, and the
office of the chief clerk of the house of representatives.
Within five business days of receiving a public record
request, an agency, the office of the secretary of the senate,
or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) acknowledging that the agency, the office of the secretary of
the senate, or the office of the chief clerk of the house of
representatives has received the request and providing a
reasonable estimate of the time the agency, the office of the
secretary of the senate, or the office of the chief clerk of the
house of representatives will require to respond to the
request; or (3) denying the public record request. Additional
time required to respond to a request may be based upon the
need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or
agencies affected by the request, or to determine whether
any of the information requested is exempt and that a denial
should be made as to all or part of the request. In acknowledging receipt of a public record request that is
unclear, an agency, the office of the secretary of the senate,
or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the
requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate,
or the office of the chief clerk of the house of representatives need not respond to it. Denials of requests must be
accompanied by a written statement of the specific reasons
therefor. Agencies, the office of the secretary of the senate,
and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt
possible review of decisions denying inspection, and such
review shall be deemed completed at the end of the second
business day following the denial of inspection and shall
constitute final agency action or final action by the office of
the secretary of the senate or the office of the chief clerk of
the house of representatives for the purposes of judicial
review. [1995 c 397 § 15; 1992 c 139 § 6; 1975 1st ex.s. c
294 § 18; 1973 c 1 § 32 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.325 Review of agency denial. Whenever a
state agency concludes that a public record is exempt from
disclosure and denies a person opportunity to inspect or copy
a public record for that reason, the person may request the
attorney general to review the matter. The attorney general
shall provide the person with his or her written opinion on
whether the record is exempt.
[Title 42 RCW—page 41]
42.17.325
Title 42 RCW: Public Officers and Agencies
Nothing in this section shall be deemed to establish an
attorney-client relationship between the attorney general and
a person making a request under this section. [1992 c 139
§ 10.]
34 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.330 Court protection of public records. The
examination of any specific public record may be enjoined
if, upon motion and affidavit by an agency or its representative or a person who is named in the record or to whom the
record specifically pertains, the superior court for the county
in which the movant resides or in which the record is
maintained, finds that such examination would clearly not be
in the public interest and would substantially and irreparably
damage any person, or would substantially and irreparably
damage vital governmental functions. An agency has the
option of notifying persons named in the record or to whom
a record specifically pertains, that release of a record has
been requested. However, this option does not exist where
the agency is required by law to provide such notice. [1992
c 139 § 7; 1975 1st ex.s. c 294 § 19; 1973 c 1 § 33 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.341 Application of RCW 42.17.340. The
procedures in RCW 42.17.340 govern denials of an opportunity to inspect or copy a public record by the office of the
secretary of the senate or the office of the chief clerk of the
house of representatives. [1995 c 397 § 16.]
42.17.340 Judicial review of agency actions. (1)
Upon the motion of any person having been denied an
opportunity to inspect or copy a public record by an agency,
the superior court in the county in which a record is maintained may require the responsible agency to show cause
why it has refused to allow inspection or copying of a
specific public record or class of records. The burden of
proof shall be on the agency to establish that refusal to
permit public inspection and copying is in accordance with
a statute that exempts or prohibits disclosure in whole or in
part of specific information or records.
(2) Upon the motion of any person who believes that an
agency has not made a reasonable estimate of the time that
the agency requires to respond to a public record request, the
superior court in the county in which a record is maintained
may require the responsible agency to show that the estimate
it provided is reasonable. The burden of proof shall be on
the agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or
challenged under RCW 42.17.250 through 42.17.320 shall be
de novo. Courts shall take into account the policy of this
chapter that free and open examination of public records is
in the public interest, even though such examination may
cause inconvenience or embarrassment to public officials or
others. Courts may examine any record in camera in any
proceeding brought under this section. The court may
conduct a hearing based solely on affidavits.
(4) Any person who prevails against an agency in any
action in the courts seeking the right to inspect or copy any
public record or the right to receive a response to a public
record request within a reasonable amount of time shall be
awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. In addition,
it shall be within the discretion of the court to award such
person an amount not less than five dollars and not to
exceed one hundred dollars for each day that he was denied
the right to inspect or copy said public record. [1992 c 139
§ 8; 1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c 1 §
[Title 42 RCW—page 42]
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
42.17.348 Explanatory pamphlet. The attorney
general’s office shall publish, and update when appropriate,
a pamphlet, written in plain language, explaining the
provisions of the public records subdivision of this chapter.
[1992 c 139 § 9.]
ADMINISTRATION AND ENFORCEMENT
42.17.350 Public disclosure commission—
Established—Membership—Prohibited activities—
Compensation, travel expenses. (1) There is hereby
established a "public disclosure commission" which shall be
composed of five members who shall be appointed by the
governor, with the consent of the senate. All appointees
shall be persons of the highest integrity and qualifications.
No more than three members shall have an identification
with the same political party.
(2) The term of each member shall be five years. No
member is eligible for appointment to more than one full
term. Any member may be removed by the governor, but
only upon grounds of neglect of duty or misconduct in
office.
(3) During his or her tenure, a member of the commission is prohibited from engaging in any of the following
activities, either within or outside the state of Washington:
(a) Holding or campaigning for elective office;
(b) Serving as an officer of any political party or
political committee;
(c) Permitting his or her name to be used in support of
or in opposition to a candidate or proposition;
(d) Soliciting or making contributions to a candidate or
in support of or in opposition to any candidate or proposition;
(e) Participating in any way in any election campaign;
or
(f) Lobbying, employing, or assisting a lobbyist, except
that a member or the staff of the commission may lobby to
the limited extent permitted by RCW 42.17.190 on matters
directly affecting this chapter.
(4) A vacancy on the commission shall be filled within
thirty days of the vacancy by the governor, with the consent
of the senate, and the appointee shall serve for the remaining
term of his or her predecessor. A vacancy shall not impair
the powers of the remaining members to exercise all of the
powers of the commission.
(5) Three members of the commission shall constitute
a quorum. The commission shall elect its own chair and
adopt its own rules of procedure in the manner provided in
chapter 34.05 RCW.
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(6) Members shall be compensated in accordance with
RCW 43.03.250 and in addition shall be reimbursed for
travel expenses incurred while engaged in the business of the
commission as provided in RCW 43.03.050 and 43.03.060.
The compensation provided pursuant to this section shall not
be considered salary for purposes of the provisions of any
retirement system created pursuant to the general laws of this
state. [1998 c 30 § 1; 1984 c 287 § 74; 1982 c 147 § 15;
1975-’76 2nd ex.s. c 112 § 8; 1975-’76 2nd ex.s. c 34 § 93;
1975 1st ex.s. c 294 § 23; 1973 c 1 § 35 (Initiative Measure
No. 276, approved November 7, 1972).]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
42.17.360 Commission—Duties. The commission
shall:
(1) Develop and provide forms for the reports and
statements required to be made under this chapter:
(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for
use by persons required to make reports and statements
under this chapter;
(3) Compile and maintain a current list of all filed
reports and statements;
(4) Investigate whether properly completed statements
and reports have been filed within the times required by this
chapter;
(5) Upon complaint or upon its own motion, investigate
and report apparent violations of this chapter to the appropriate law enforcement authorities;
(6) Prepare and publish an annual report to the governor
as to the effectiveness of this chapter and its enforcement by
appropriate law enforcement authorities; and
(7) Enforce this chapter according to the powers granted
it by law. [1973 c 1 § 36 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.362 Toll-free telephone number. In addition
to its regular telephone number, the commission shall offer
political committees and residents of this state the opportunity to contact the commission by a toll-free telephone
number. [2000 c 237 § 6.]
42.17.365 Audits and investigations. The commission shall conduct a sufficient number of audits and field
investigations so as to provide a statistically valid finding
regarding the degree of compliance with the provisions of
this chapter by all required filers. Any documents, records,
reports, computer files, papers, or materials provided to the
commission for use in conducting audits and investigations
must be returned to the candidate, campaign, or political
committee from which they were received within one week
of the commission’s completion of an audit or field investigation. [1999 c 401 § 8; 1993 c 2 § 29 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.367 Web site for commission documents. By
February 1, 2000, the commission shall operate a web site or
contract for the operation of a web site that allows access to
(2002 Ed.)
42.17.350
reports, copies of reports, or copies of data and information
submitted in reports, filed with the commission under RCW
42.17.040, 42.17.065, 42.17.080, 42.17.100, and 42.17.105.
By January 1, 2001, the web site shall allow access to
reports, copies of reports, or copies of data and information
submitted in reports, filed with the commission under RCW
42.17.150, 42.17.170, 42.17.175, and 42.17.180. In addition,
the commission shall attempt to make available via the web
site other public records submitted to or generated by the
commission that are required by this chapter to be available
for public use or inspection. [1999 c 401 § 9; 1994 c 40 §
2.]
Findings—1994 c 40: "The legislature finds that government
information is a strategic resource and needs to be managed as such and that
broad public access to nonrestricted public information and records must be
guaranteed. The legislature further finds that reengineering government
processes along with capitalizing on advancements made in digital
technology can build greater efficiencies in government service delivery.
The legislature further finds that providing citizen electronic access to
presently available public documents will allow increased citizen involvement in state policies and empower citizens to participate in state policy
decision making." [1994 c 40 § 1.]
Severability—1994 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 40 § 6.]
Effective date—1994 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 21, 1994]." [1994 c 40 § 7.]
42.17.369 Electronic filing—Availability. (1) By
July 1, 1999, the commission shall make available to
candidates, public officials, and political committees that are
required to file reports under this chapter an electronic filing
alternative for submitting financial affairs reports, contribution reports, and expenditure reports, including but not
limited to filing by diskette, modem, satellite, or the Internet.
(2) By January 1, 2002, the commission shall make
available to lobbyists and lobbyists’ employers required to
file reports under RCW 42.17.150, 42.17.170, 42.17.175, or
42.17.180 an electronic filing alternative for submitting these
reports including but not limited to filing by diskette,
modem, satellite, or the Internet.
(3) The commission shall make available to candidates,
public officials, political committees, lobbyists, and
lobbyists’ employers an electronic copy of the appropriate
reporting forms at no charge. [2000 c 237 § 3; 1999 c 401
§ 11.]
42.17.3691 Electronic filing—When required. (1)
Beginning January 1, 2002, each candidate or political
committee that expended twenty-five thousand dollars or
more in the preceding year or expects to expend twenty-five
thousand dollars or more in the current year shall file all
contribution reports and expenditure reports required by this
chapter by the electronic alternative provided by the commission under RCW 42.17.369. The commission may make
exceptions on a case-by-case basis for candidates whose
authorized committees lack the technological ability to file
reports using the electronic alternative provided by the
commission.
(2) Beginning January 1, 2004, each candidate or
political committee that expended ten thousand dollars or
[Title 42 RCW—page 43]
42.17.3691
Title 42 RCW: Public Officers and Agencies
more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this
chapter by the electronic alternative provided by the commission under RCW 42.17.369. The commission may make
exceptions on a case-by-case basis for candidates whose
authorized committees lack the technological ability to file
reports using the electronic alternative provided by the
commission.
(3) Failure by a candidate or political committee to
comply with this section is a violation of this chapter. [2000
c 237 § 4; 1999 c 401 § 12.]
42.17.370 Commission—Additional powers. The
commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable
administrative rules to carry out the policies and purposes of
this chapter, which rules shall be adopted under chapter
34.05 RCW. Any rule relating to campaign finance, political
advertising, or related forms that would otherwise take effect
after June 30th of a general election year shall take effect no
earlier than the day following the general election in that
year;
(2) Appoint and set, within the limits established by the
committee on agency officials’ salaries under RCW
43.03.028, the compensation of an executive director who
shall perform such duties and have such powers as the
commission may prescribe and delegate to implement and
enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor shall it delegate authority to determine
whether an actual violation of this chapter has occurred or to
assess penalties for such violations;
(3) Prepare and publish such reports and technical
studies as in its judgment will tend to promote the purposes
of this chapter, including reports and statistics concerning
campaign financing, lobbying, financial interests of elected
officials, and enforcement of this chapter;
(4) Make from time to time, on its own motion, audits
and field investigations;
(5) Make public the time and date of any formal hearing
set to determine whether a violation has occurred, the
question or questions to be considered, and the results
thereof;
(6) Administer oaths and affirmations, issue subpoenas,
and compel attendance, take evidence and require the
production of any books, papers, correspondence, memorandums, or other records relevant or material for the purpose
of any investigation authorized under this chapter, or any
other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign
practices;
(8) Relieve, by rule, candidates or political committees
of obligations to comply with the provisions of this chapter
relating to election campaigns, if they have not received
contributions nor made expenditures in connection with any
election campaign of more than *one thousand dollars;
(9) Adopt rules prescribing reasonable requirements for
keeping accounts of and reporting on a quarterly basis costs
incurred by state agencies, counties, cities, and other
municipalities and political subdivisions in preparing,
[Title 42 RCW—page 44]
publishing, and distributing legislative information. The
term "legislative information," for the purposes of this
subsection, means books, pamphlets, reports, and other
materials prepared, published, or distributed at substantial
cost, a substantial purpose of which is to influence the
passage or defeat of any legislation. The state auditor in his
or her regular examination of each agency under chapter
43.09 RCW shall review the rules, accounts, and reports and
make appropriate findings, comments, and recommendations
in his or her examination reports concerning those agencies;
(10) After hearing, by order approved and ratified by a
majority of the membership of the commission, suspend or
modify any of the reporting requirements of this chapter in
a particular case if it finds that literal application of this
chapter works a manifestly unreasonable hardship and if it
also finds that the suspension or modification will not
frustrate the purposes of the chapter. The commission shall
find that a manifestly unreasonable hardship exists if
reporting the name of an entity required to be reported under
RCW 42.17.241(1)(g)(ii) would be likely to adversely affect
the competitive position of any entity in which the person
filing the report or any member of his or her immediate
family holds any office, directorship, general partnership
interest, or an ownership interest of ten percent or more.
Any suspension or modification shall be only to the extent
necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and
convincing proof of the findings required under this section.
Requests for renewals of reporting modifications may be
heard in a brief adjudicative proceeding as set forth in RCW
34.05.482 through 34.05.494 and in accordance with the
standards established in this section. No initial request may
be heard in a brief adjudicative proceeding and no request
for renewal may be heard in a brief adjudicative proceeding
if the initial request was granted more than three years
previously or if the applicant is holding an office or position
of employment different from the office or position held
when the initial request was granted. The commission shall
adopt administrative rules governing the proceedings. Any
citizen has standing to bring an action in Thurston county
superior court to contest the propriety of any order entered
under this section within one year from the date of the entry
of the order; and
(11) Revise, at least once every five years but no more
often than every two years, the monetary reporting thresholds and reporting code values of this chapter. The revisions
shall be only for the purpose of recognizing economic
changes as reflected by an inflationary index recommended
by the office of financial management. The revisions shall
be guided by the change in the index for the period commencing with the month of December preceding the last
revision and concluding with the month of December
preceding the month the revision is adopted. As to each of
the three general categories of this chapter (reports of
campaign finance, reports of lobbyist activity, and reports of
the financial affairs of elected and appointed officials), the
revisions shall equally affect all thresholds within each
category. Revisions shall be adopted as rules under chapter
34.05 RCW. The first revision authorized by this subsection
shall reflect economic changes from the time of the last
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
legislative enactment affecting the respective code or
threshold through December 1985;
(12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission.
Implementation of the program is contingent on the availability of funds. [1995 c 397 § 17; 1994 c 40 § 3; 1986 c
155 § 11; 1985 c 367 § 11; 1984 c 34 § 7; 1977 ex.s. c 336
§ 7; 1975 1st ex.s. c 294 § 25; 1973 c 1 § 37 (Initiative
Measure No. 276, approved November 7, 1972).]
*Reviser’s note: The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of subsection (11) of this section. For current dollar amounts, see chapter
390-16 of the Washington Administrative Code (WAC).
Findings—Severability—Effective date—1994 c 40: See notes
following RCW 42.17.367.
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.375 Reports filed with county elections
official—Rules governing. With regard to the reports
required by this chapter to be filed with a county auditor or
county elections official, the commission shall adopt rules
governing the arrangement, handling, indexing, and disclosing of those reports by the county auditor or county elections
official. The rules shall ensure ease of access by the public
to the reports and shall include, but not be limited to,
requirements for indexing the reports by the names of
candidates or political committees and by the ballot proposition for or against which a political committee is receiving
contributions or making expenditures. [1983 c 294 § 1.]
42.17.380 Secretary of state, attorney general—
Duties. (1) The office of the secretary of state shall be
designated as a place where the public may file papers or
correspond with the commission and receive any form or
instruction from the commission.
(2) The attorney general, through his office, shall supply
such assistance as the commission may require in order to
carry out its responsibilities under this chapter. The commission may employ attorneys who are neither the attorney
general nor an assistant attorney general to carry out any
function of the attorney general prescribed in this chapter.
[1982 c 35 § 196; 1975 1st ex.s. c 294 § 26; 1973 c 1 § 38
(Initiative Measure No. 276, approved November 7, 1972).]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
42.17.390 Civil remedies and sanctions. One or
more of the following civil remedies and sanctions may be
imposed by court order in addition to any other remedies
provided by law:
(1) If the court finds that the violation of any provision
of this chapter by any candidate or political committee
probably affected the outcome of any election, the result of
said election may be held void and a special election held
within sixty days of such finding. Any action to void an
election shall be commenced within one year of the date of
the election in question. It is intended that this remedy be
imposed freely in all appropriate cases to protect the right of
the electorate to an informed and knowledgeable vote.
(2002 Ed.)
42.17.370
(2) If any lobbyist or sponsor of any grass roots
lobbying campaign violates any of the provisions of this
chapter, his registration may be revoked or suspended and he
may be enjoined from receiving compensation or making
expenditures for lobbying: PROVIDED, HOWEVER, That
imposition of such sanction shall not excuse said lobbyist
from filing statements and reports required by this chapter.
(3) Any person who violates any of the provisions of
this chapter may be subject to a civil penalty of not more
than ten thousand dollars for each such violation. However,
a person or entity who violates RCW 42.17.640 may be subject to a civil penalty of ten thousand dollars or three times
the amount of the contribution illegally made or accepted,
whichever is greater.
(4) Any person who fails to file a properly completed
statement or report within the time required by this chapter
may be subject to a civil penalty of ten dollars per day for
each day each such delinquency continues.
(5) Any person who fails to report a contribution or
expenditure may be subject to a civil penalty equivalent to
the amount he failed to report.
(6) The court may enjoin any person to prevent the
doing of any act herein prohibited, or to compel the performance of any act required herein. [1993 c 2 § 28 (Initiative
Measure No. 134, approved November 3, 1992); 1973 c 1 §
39 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.395 Violations—Determination by commission—Procedure. (1) The commission may (a) determine
whether an actual violation of this chapter has occurred; and
(b) issue and enforce an appropriate order following such
determination.
(2) The commission, in cases where it chooses to
determine whether an actual violation of this chapter has
occurred, shall hold a hearing pursuant to the Administrative
Procedure Act, chapter 34.05 RCW, to make such determination. Any order that the commission issues under this
section shall be pursuant to such hearing.
(3) In lieu of holding a hearing or issuing an order
under this section, the commission may refer the matter to
the attorney general or other enforcement agency as provided
in RCW 42.17.360.
(4) The person against whom an order is directed under
this section shall be designated as the respondent. The order
may require the respondent to cease and desist from the
activity that constitutes a violation and in addition, or
alternatively, may impose one or more of the remedies
provided in *RCW 42.17.390(1) (b), (c), (d), or (e):
PROVIDED, That no individual penalty assessed by the
commission may exceed one thousand dollars, and in any
case where multiple violations are involved in a single
complaint or hearing, the maximum aggregate penalty may
not exceed two thousand five hundred dollars.
(5) An order issued by the commission under this
section shall be subject to judicial review under the Administrative Procedure Act, chapter 34.05 RCW. If the
commission’s order is not satisfied and no petition for
review is filed within thirty days as provided in RCW
34.05.542, the commission may petition a court of competent
jurisdiction of any county in which a petition for review
[Title 42 RCW—page 45]
42.17.395
Title 42 RCW: Public Officers and Agencies
could be filed under that section, for an order of enforcement. Proceedings in connection with the commission’s
petition shall be in accordance with RCW 42.17.397. [1989
c 175 § 91; 1985 c 367 § 12; 1982 c 147 § 16; 1975-’76
2nd ex.s. c 112 § 12.]
*Reviser’s note: RCW 42.17.390 was amended by 1993 c 2 § 28,
changing subsection (1)(b), (c), (d), and (e) to subsections (2), (3), (4), and
(5).
Effective date—1989 c 175: See note following RCW 34.05.010.
42.17.397 Procedure upon petition for enforcement
of order of commission—Court’s order of enforcement.
The following procedure shall apply in all cases where the
commission has petitioned a court of competent jurisdiction
for enforcement of any order it has issued pursuant to this
chapter:
(1) A copy of the petition shall be served by certified
mail directed to the respondent at his last known address.
The court shall issue an order directing the respondent to
appear at a time designated in the order, not less than five
days from the date thereof, and show cause why the
commission’s order should not be enforced according to its
terms.
(2) The commission’s order shall be enforced by the
court if the respondent does not appear, or if the respondent
appears and the court finds, pursuant to a hearing held for
that purpose:
(a) That the commission’s order is unsatisfied; and
(b) That the order is regular on its face; and
(c) That the respondent’s answer discloses no valid
reason why the commission’s order should not be enforced
or that the respondent had an appropriate remedy by review
under RCW 34.05.570(3) and failed to avail himself of that
remedy without valid excuse.
(3) Upon appropriate application by the respondent, the
court may, after hearing and for good cause, alter, amend,
revise, suspend, or postpone all or part of the commission’s
order. In any case where the order is not enforced by the
court according to its terms, the reasons for the court’s
actions shall be clearly stated in writing, and such action
shall be subject to review by the appellate courts by certiorari or other appropriate proceeding.
(4) The court’s order of enforcement, when entered,
shall have the same force and effect as a civil judgment.
(5) Notwithstanding RCW 34.05.578 through 34.05.590,
this section is the exclusive method for enforcing an order of
the commission. [1989 c 175 § 92; 1982 c 147 § 17; 1975’76 2nd ex.s. c 112 § 13.]
Effective date—1989 c 175: See note following RCW 34.05.010.
42.17.400 Enforcement. (1) The attorney general and
the prosecuting authorities of political subdivisions of this
state may bring civil actions in the name of the state for any
appropriate civil remedy, including but not limited to the
special remedies provided in RCW 42.17.390.
(2) The attorney general and the prosecuting authorities
of political subdivisions of this state may investigate or
cause to be investigated the activities of any person who
there is reason to believe is or has been acting in violation
of this chapter, and may require any such person or any
other person reasonably believed to have information
[Title 42 RCW—page 46]
concerning the activities of such person to appear at a time
and place designated in the county in which such person
resides or is found, to give such information under oath and
to produce all accounts, bills, receipts, books, paper and
documents which may be relevant or material to any
investigation authorized under this chapter.
(3) When the attorney general or the prosecuting
authority of any political subdivision of this state requires
the attendance of any person to obtain such information or
the production of the accounts, bills, receipts, books, papers,
and documents which may be relevant or material to any
investigation authorized under this chapter, he shall issue an
order setting forth the time when and the place where
attendance is required and shall cause the same to be
delivered to or sent by registered mail to the person at least
fourteen days before the date fixed for attendance. Such
order shall have the same force and effect as a subpoena,
shall be effective statewide, and, upon application of the
attorney general or said prosecuting authority, obedience to
the order may be enforced by any superior court judge in the
county where the person receiving it resides or is found, in
the same manner as though the order were a subpoena. The
court, after hearing, for good cause, and upon application of
any person aggrieved by the order, shall have the right to
alter, amend, revise, suspend, or postpone all or any part of
its provisions. In any case where the order is not enforced
by the court according to its terms, the reasons for the
court’s actions shall be clearly stated in writing, and such
action shall be subject to review by the appellate courts by
certiorari or other appropriate proceeding.
(4) Any person who has notified the attorney general
and the prosecuting attorney in the county in which the
violation occurred in writing that there is reason to believe
that some provision of this chapter is being or has been violated may himself bring in the name of the state any of the
actions (hereinafter referred to as a citizen’s action) authorized under this chapter. This citizen action may be brought
only if the attorney general and the prosecuting attorney
have failed to commence an action hereunder within fortyfive days after such notice and such person has thereafter
further notified the attorney general and prosecuting attorney
that said person will commence a citizen’s action within ten
days upon their failure so to do, and the attorney general and
the prosecuting attorney have in fact failed to bring such
action within ten days of receipt of said second notice. If
the person who brings the citizen’s action prevails, the
judgment awarded shall escheat to the state, but he shall be
entitled to be reimbursed by the state of Washington for
costs and attorney’s fees he has incurred: PROVIDED, That
in the case of a citizen’s action which is dismissed and
which the court also finds was brought without reasonable
cause, the court may order the person commencing the
action to pay all costs of trial and reasonable attorney’s fees
incurred by the defendant.
(5) In any action brought under this section, the court
may award to the state all costs of investigation and trial,
including a reasonable attorney’s fee to be fixed by the
court. If the violation is found to have been intentional, the
amount of the judgment, which shall for this purpose include
the costs, may be trebled as punitive damages. If damages
or trebled damages are awarded in such an action brought
against a lobbyist, the judgment may be awarded against the
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
42.17.400
lobbyist, and the lobbyist’s employer or employers joined as
defendants, jointly, severally, or both. If the defendant
prevails, he shall be awarded all costs of trial, and may be
awarded a reasonable attorney’s fee to be fixed by the court
to be paid by the state of Washington. [1975 1st ex.s. c 294
§ 27; 1973 c 1 § 40 (Initiative Measure No. 276, approved
November 7, 1972).]
(b) In the case of a candidate, at least sixty days before
the first day on which a person may file a declaration of
candidacy for any election in which campaign finance
reporting is to be required.
(6) Any person exempted from reporting under this
chapter may at his or her option file the statement and
reports. [1986 c 12 § 3; 1985 c 367 § 13; 1982 c 60 § 1.]
42.17.405 Suspension, reapplication of reporting
requirements in small political subdivisions. (1) Except
as provided in subsections (2) and (3) of this section, the
reporting provisions of this chapter do not apply to candidates, elected officials, and agencies in political subdivisions
with less than one thousand registered voters as of the date
of the most recent general election in the jurisdiction, to
political committees formed to support or oppose candidates
or ballot propositions in such political subdivisions, or to
persons making independent expenditures in support of or
opposition to such ballot propositions.
(2) The reporting provisions of this chapter apply in any
exempt political subdivision from which a "petition for
disclosure" containing the valid signatures of fifteen percent
of the number of registered voters, as of the date of the most
recent general election in the political subdivision, is filed
with the commission. The commission shall by rule prescribe the form of the petition. After the signatures are
gathered, the petition shall be presented to the auditor or
elections officer of the county, or counties, in which the
political subdivision is located. The auditor or elections
officer shall verify the signatures and certify to the commission that the petition contains no less than the required
number of valid signatures. The commission, upon receipt
of a valid petition, shall order every known affected person
in the political subdivision to file the initially required statement and reports within fourteen days of the date of the
order.
(3) The reporting provisions of this chapter apply in any
exempt political subdivision that by ordinance, resolution, or
other official action has petitioned the commission to make
the provisions applicable to elected officials and candidates
of the exempt political subdivision. A copy of the action
shall be sent to the commission. If the commission finds the
petition to be a valid action of the appropriate governing
body or authority, the commission shall order every known
affected person in the political subdivision to file the initially
required statement and reports within fourteen days of the
date of the order.
(4) The commission shall void any order issued by it
pursuant to subsection (2) or (3) of this section when, at
least four years after issuing the order, the commission is
presented a petition or official action so requesting from the
affected political subdivision. Such petition or official action
shall meet the respective requirements of subsection (2) or
(3) of this section.
(5) Any petition for disclosure, ordinance, resolution, or
official action of an agency petitioning the commission to
void the exemption in RCW 42.17.030(3) shall not be
considered unless it has been filed with the commission:
(a) In the case of a ballot measure, at least sixty days
before the date of any election in which campaign finance
reporting is to be required;
42.17.410 Limitation on actions. Any action brought
under the provisions of this chapter must be commenced
within five years after the date when the violation occurred.
[1982 c 147 § 18; 1973 c 1 § 41 (Initiative Measure No.
276, approved November 7, 1972).]
(2002 Ed.)
42.17.420 Date of mailing deemed date of receipt—
Exceptions—Electronic filings. (1) Except as provided in
subsection (2) of this section, when any application, report,
statement, notice, or payment required to be made under the
provisions of this chapter has been deposited postpaid in the
United States mail properly addressed, it shall be deemed to
have been received on the date of mailing. It shall be
presumed that the date shown by the post office cancellation
mark on the envelope is the date of mailing. The provisions
of this section do not apply to reports required to be delivered under RCW 42.17.105 and 42.17.175.
(2) When a report is filed electronically with the
commission, it is deemed to have been received on the file
transfer date. The commission shall notify the filer of
receipt of the electronically filed report. Such notification
may be sent by mail, facsimile, or electronic mail. If the
notification of receipt of the electronically filed report is not
received by the filer, the filer may offer his or her own proof
of sending the report, and such proof shall be treated as if it
were a receipt sent by the commission. Electronic filing
may be used for purposes of filing the special reports
required to be delivered under RCW 42.17.105 and
42.17.175. [1999 c 401 § 10; 1995 c 397 § 18; 1983 c 176
§ 2; 1973 c 1 § 42 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.430 Certification of reports. Every report and
statement required to be filed under this chapter shall
identify the person preparing it, and shall be certified as
complete and correct, both by the person preparing it and by
the person on whose behalf it is filed. [1973 c 1 § 43
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.440 Statements and reports public records.
All statements and reports filed under this chapter shall be
public records of the agency where they are filed, and shall
be available for public inspection and copying during normal
business hours at the expense of the person requesting
copies, provided that the charge for such copies shall not
exceed actual cost to the agency. [1973 c 1 § 44 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.450 Duty to preserve statements and reports.
Persons with whom statements or reports or copies of
statements or reports are required to be filed under this
chapter shall preserve them for not less than six years. The
commission, however, shall preserve such statements or
[Title 42 RCW—page 47]
42.17.450
Title 42 RCW: Public Officers and Agencies
reports for not less than ten years. [1973 c 1 § 45 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.460 Access to reports—Legislative intent. It
is the intent of the legislature to ensure that the commission
provide the general public timely access to all contribution
and expenditure reports submitted by candidates, continuing
political committees, bona fide political parties, lobbyists,
and lobbyists’ employers. The legislature finds that failure
to meet goals for full and timely disclosure threatens to
undermine our electoral process.
Furthermore, the legislature intends for the commission
to consult with the department of information services as it
seeks to implement chapter 401, Laws of 1999, and that the
commission follow the standards and procedures established
by the department of information services in chapter 43.105
RCW as they relate to information technology. [1999 c 401
§ 1.]
42.17.461 Access goals. (1) The commission shall
establish goals that all reports, copies of reports, or copies of
the data or information included in reports, filed under RCW
42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105,
42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:
(a) Submitted using the commission’s electronic filing
system shall be accessible in the commission’s office within
two business days of the commission’s receipt of the report
and shall be accessible on the commission’s web site within
seven business days of the commission’s receipt of the
report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, shall be accessible
in the commission’s office within four business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, and shall
be accessible on the commission’s web site within fourteen
business days of the actual physical receipt of the report, and
not the technical date of filing as provided under RCW
42.17.420, as specified in rule adopted by the commission.
(2) On January 1, 2001, or shortly thereafter, the
commission shall revise these goals to reflect that all reports,
copies of reports, or copies of the data or information
included in reports, filed under RCW 42.17.040, 42.17.065,
42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170,
42.17.175, and 42.17.180, that are:
(a) Submitted using the commission’s electronic filing
system shall be accessible in the commission’s office within
two business days of the commission’s receipt of the report
and on the commission’s web site within four business days
of the commission’s receipt of the report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, shall be accessible
in the commission’s office within four business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, and on the
commission’s web site within seven business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, as specified in rule adopted by the commission.
(3) On January 1, 2002, or shortly thereafter, the
commission shall revise these goals to reflect that all reports,
[Title 42 RCW—page 48]
copies of reports, or copies of the data or information
included in reports, filed under RCW 42.17.040, 42.17.065,
42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170,
42.17.175, and 42.17.180, that are:
(a) Submitted using the commission’s electronic filing
system must be accessible in the commission’s office and on
the commission’s web site within two business days of the
commission’s receipt of the report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, must be accessible in the commission’s office and on the commission’s web
site within four business days of the actual physical receipt
of the report, and not the technical date of filing as provided
under RCW 42.17.420, as specified in rule adopted by the
commission. [2000 c 237 § 5; 1999 c 401 § 2.]
42.17.463 Access performance measures. By July
1st of each year beginning in 2000, the commission shall
calculate the following performance measures, provide a
copy of the performance measures to the governor and
appropriate legislative committees, and make the performance measures available to the public:
(1) The average number of days that elapse between the
commission’s receipt of reports filed under RCW 42.17.040,
42.17.065, 42.17.080, and 42.17.100 and the time that the
report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the
general public (a) in the commission’s office, and (b) via the
commission’s web site;
(2) The average number of days that elapse between the
commission’s receipt of reports filed under RCW 42.17.105
and the time that the report, a copy of the report, or a copy
of the data or information included in the report, is first
accessible to the general public (a) in the commission’s
office, and (b) via the commission’s web site;
(3) The average number of days that elapse between the
commission’s receipt of reports filed under RCW 42.17.150,
42.17.170, 42.17.175, and 42.17.180 and the time that the
report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the
general public (a) in the commission’s office, and (b) via the
commission’s web site;
(4) The percentage of candidates, categorized as
statewide, state legislative, or local, that have used each of
the following methods to file reports under RCW 42.17.080
or 42.17.105: (a) Hard copy paper format; (b) electronic
format via diskette; (c) electronic format via modem or
satellite; (d) electronic format via the Internet; and (e) any
other format or method;
(5) The percentage of continuing political committees
that have used each of the following methods to file reports
under RCW 42.17.065 or 42.17.105: (a) Hard copy paper
format; (b) electronic format via diskette; (c) electronic
format via modem or satellite; (d) electronic format via the
Internet; and (e) any other format or method; and
(6) The percentage of lobbyists and lobbyists’ employers
that have used each of the following methods to file reports
under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180:
(a) Hard copy paper format; (b) electronic format via
diskette; (c) electronic format via modem or satellite; (d)
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
electronic format via the Internet; and (e) any other format
or method. [1999 c 401 § 3.]
42.17.465 Information technology plan—Contents.
(1) The commission shall develop an information technology
plan consistent with plans or portfolios required by chapter
43.105 RCW.
(2) The plan must include, but not be limited to, the
following:
(a) A baseline assessment of the agency’s information
technology resources and capabilities that will serve as the
benchmark for subsequent planning and performance
measures;
(b) A statement of the agency’s mission, goals, and
objectives for information technology, including goals and
objectives for achieving electronic access to agency records,
information, and services for at least the next five years;
(c) An explanation of how the agency’s mission, goals,
and objectives for information technology support and
conform to the state strategic information technology plan;
(d) An implementation strategy to enhance electronic
access to public records and information required to be filed
with and disclosed by the commission. This implementation
strategy must be assembled to include:
(i) Adequate public notice and opportunity for comment;
(ii) Consideration of a variety of electronic technologies,
including those that help to transcend geographic locations,
standard business hours, economic conditions of users, and
disabilities;
(iii) Methods to educate agency employees, the public,
and the news media in the effective use of agency technology;
(iv) Ways to simplify and improve public access to
information held by the commission through electronic
means;
(e) Projects and resources required to meet the objectives of the plan; and
(f) If feasible, estimated schedules and funding required
to implement identified projects. [1999 c 401 § 4.]
42.17.467 Information technology plan—
Consultation. In preparing the information technology plan,
the commission shall consult with affected state agencies, the
department of information services, and stakeholders in the
commission’s work, including representatives of political
committees, bona fide political parties, news media, and the
general public. [1999 c 401 § 5.]
42.17.469 Information technology plan—
Submission. The commission shall submit the information
technology plan to the senate and house of representatives
fiscal committees, the governor, the senate state and local
government committee, the house of representatives state
government committee, and the department of information
services by February 1, 2000. It is the intent of the legislature that the commission thereafter comply with the requirements of chapter 43.105 RCW with respect to preparation
and submission of biennial performance reports on the
commission’s information technology. [1999 c 401 § 6.]
(2002 Ed.)
42.17.463
42.17.471 Access performance reports. The commission shall prepare and submit to the department of
information services a biennial performance report in
accordance with chapter 43.105 RCW.
The report must include:
(1) An evaluation of the agency’s performance relating
to information technology;
(2) An assessment of progress made toward implementing the agency information technology plan;
(3) An analysis of the commission’s performance
measures, set forth in RCW 42.17.463, that relate to the
electronic filing of reports and timely public access to those
reports via the commission’s web site;
(4) A comprehensive description of the methods by
which citizens may interact with the agency in order to
obtain information and services from the commission; and
(5) An inventory of agency information services,
equipment, and proprietary software. [1999 c 401 § 7.]
POLITICAL ADVERTISING
42.17.505 Definitions. The definitions set forth in this
section apply throughout RCW 42.17.510 through 42.17.540.
(1) "Actual malice" means to act with knowledge of
falsity or with reckless disregard as to truth or falsity.
(2) "Sponsor" means the candidate, political committee,
or person paying for the advertisement. If a person acts as
an agent for another or is reimbursed by another for the
payment, the original source of the payment is the sponsor.
(3) "Incumbent" means a person who is in present
possession of an elected office. [1988 c 199 § 1.]
42.17.510 Identification of sponsor—Exemptions.
(1) All written political advertising, whether relating to
candidates or ballot propositions, shall include the sponsor’s
name and address. All radio and television political advertising, whether relating to candidates or ballot propositions,
shall include the sponsor’s name. The use of an assumed
name shall be unlawful. The party with which a candidate
files shall be clearly identified in political advertising for
partisan office.
(2) In addition to the materials required by subsection
(1) of this section, all political advertising undertaken as an
independent expenditure by a person or entity other than a
party organization must include the following statement on
the communication "NOTICE TO VOTERS (Required by
law): This advertisement is not authorized or approved by
any candidate. It is paid for by (name, address, city, state)."
If the advertisement undertaken as an independent expenditure is undertaken by a nonindividual other than a party
organization, then the following notation must also be
included: "Top Five Contributors," followed by a listing of
the names of the five persons or entities making the largest
contributions reportable under this chapter during the twelvemonth period before the date of the advertisement.
(3) The statements and listings of contributors required
by subsections (1) and (2) of this section shall:
(a) Appear on the first page or fold of the written
communication in at least ten-point type, or in type at least
ten percent of the largest size type used in a written commu[Title 42 RCW—page 49]
42.17.510
Title 42 RCW: Public Officers and Agencies
nication directed at more than one voter, such as a billboard
or poster, whichever is larger;
(b) Not be subject to the half-tone or screening process;
(c) Be set apart from any other printed matter; and
(d) Be clearly spoken on any broadcast advertisement.
(4) Political yard signs are exempt from the requirement
of subsections (1) and (2) of this section that the name and
address of the sponsor of political advertising be listed on
the advertising. In addition, the public disclosure commission shall, by rule, exempt from the identification requirements of subsections (1) and (2) of this section forms of
political advertising such as campaign buttons, balloons,
pens, pencils, sky-writing, inscriptions, and other forms of
advertising where identification is impractical.
(5) For the purposes of this section, "yard sign" means
any outdoor sign with dimensions no greater than eight feet
by four feet. [1995 c 397 § 19; 1993 c 2 § 22 (Initiative
Measure No. 134, approved November 3, 1992); 1984 c 216
§ 1.]
Advertising rates for political candidates: RCW 65.16.095.
42.17.520 Picture of candidate. At least one picture
of the candidate used in any political advertising shall have
been taken within the last five years and shall be no smaller
than the largest picture of the same candidate used in the
same advertisement. [1984 c 216 § 2.]
42.17.530 False political advertising. (1) It is a
violation of this chapter for a person to sponsor with actual
malice:
(a) Political advertising that contains a false statement
of material fact about a candidate for public office. However, this subsection (1)(a) does not apply to statements made
by a candidate or the candidate’s agent about the candidate
himself or herself;
(b) Political advertising that falsely represents that a
candidate is the incumbent for the office sought when in fact
the candidate is not the incumbent;
(c) Political advertising that makes either directly or
indirectly, a false claim stating or implying the support or
endorsement of any person or organization when in fact the
candidate does not have such support or endorsement.
(2) Any violation of this section shall be proven by
clear and convincing evidence. [1999 c 304 § 2; 1988 c 199
§ 2; 1984 c 216 § 3.]
Finding—Intent—1999 c 304: "(1) The Washington supreme court
in a case involving a ballot measure, State v. 119 Vote No! Committee, 135
Wn.2d 618 (1998), found the statute that prohibits persons from sponsoring,
with actual malice, political advertising containing false statements of
material fact to be invalid under the First Amendment to the United States
Constitution.
(2) The legislature finds that a review of the opinions indicates that a
majority of the supreme court may find valid a statute that limited such a
prohibition on sponsoring with actual malice false statements of material
fact in a political campaign to statements about a candidate in an election
for public office.
(3) It is the intent of the legislature to amend the current law to
provide protection for candidates for public office against false statements
of material fact sponsored with actual malice." [1999 c 304 § 1.]
42.17.540 Responsibility for compliance. (1) Except
as provided in subsection (2) of this section, the responsibility for compliance with RCW 42.17.510 through 42.17.530
[Title 42 RCW—page 50]
shall rest with the sponsor of the political advertising and not
with the broadcasting station or other medium.
(2) If a broadcasting station or other medium changes
the content of a political advertisement, the station or
medium shall be responsible for any failure of the advertisement to comply with RCW 42.17.510 through 42.17.530
that results from that change. [1984 c 216 § 4.]
42.17.550 Independent expenditure disclosure. A
person or entity other than a party organization making an
independent expenditure by mailing one thousand or more
identical or nearly identical cumulative pieces of political
advertising in a single calendar year shall, within two
working days after the date of the mailing, file a statement
disclosing the number of pieces in the mailing and an
example of the mailed political advertising with the election
officer of the county or residence for the candidate supported
or opposed by the independent campaign expenditure or, in
the case of an expenditure made in support of or in opposition to a ballot proposition, the county of residence for the
person making the expenditure. [1993 c 2 § 23 (Initiative
Measure No. 134, approved November 3, 1992).]
CAMPAIGN CONTRIBUTION LIMITATIONS
42.17.610 Findings. The people of the state of
Washington find and declare that:
(1) The financial strength of certain individuals or
organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates.
(2) Rapidly increasing political campaign costs have led
many candidates to raise larger percentages of money from
special interests with a specific financial stake in matters
before state government. This has caused the public
perception that decisions of elected officials are being
improperly influenced by monetary contributions.
(3) Candidates are raising less money in small contributions from individuals and more money from special interests. This has created the public perception that individuals
have an insignificant role to play in the political process.
[1993 c 2 § 1 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.620 Intent. By limiting campaign contributions,
the people intend to:
(1) Ensure that individuals and interest groups have fair
and equal opportunity to influence elective and governmental
processes;
(2) Reduce the influence of large organizational contributors; and
(3) Restore public trust in governmental institutions and
the electoral process. [1993 c 2 § 2 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.640 Limits specified—Exemptions. (1) No
person, other than a bona fide political party or a caucus
political committee, may make contributions to a candidate
for a state legislative office that in the aggregate exceed
*five hundred dollars or to a candidate for a state office
other than a state legislative office that in the aggregate
exceed *one thousand dollars for each election in which the
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
candidate is on the ballot or appears as a write-in candidate.
Contributions made with respect to a primary may not be
made after the date of the primary. However, contributions
to a candidate or a candidate’s authorized committee may be
made with respect to a primary until thirty days after the
primary, subject to the following limitations: (a) The
candidate lost the primary; (b) the candidate’s authorized
committee has insufficient funds to pay debts outstanding as
of the date of the primary; and (c) the contributions may
only be raised and spent to satisfy the outstanding debt.
Contributions made with respect to a general election may
not be made after the final day of the applicable election
cycle.
(2) No person, other than a bona fide political party or
a caucus political committee, may make contributions to a
state official against whom recall charges have been filed, or
to a political committee having the expectation of making
expenditures in support of the recall of the state official,
during a recall campaign that in the aggregate exceed *five
hundred dollars if for a state legislative office or *one
thousand dollars if for a state office other than a state
legislative office.
(3)(a) Notwithstanding subsection (1) of this section, no
bona fide political party or caucus political committee may
make contributions to a candidate during an election cycle
that in the aggregate exceed (i) *fifty cents multiplied by the
number of eligible registered voters in the jurisdiction from
which the candidate is elected if the contributor is a caucus
political committee or the governing body of a state organization, or (ii) *twenty-five cents multiplied by the number of
registered voters in the jurisdiction from which the candidate
is elected if the contributor is a county central committee or
a legislative district committee.
(b) No candidate may accept contributions from a
county central committee or a legislative district committee
during an election cycle that when combined with contributions from other county central committees or legislative
district committees would in the aggregate exceed *twentyfive cents times the number of registered voters in the
jurisdiction from which the candidate is elected.
(4)(a) Notwithstanding subsection (2) of this section, no
bona fide political party or caucus political committee may
make contributions to a state official against whom recall
charges have been filed, or to a political committee having
the expectation of making expenditures in support of the
state official, during a recall campaign that in the aggregate
exceed (i) *fifty cents multiplied by the number of eligible
registered voters in the jurisdiction entitled to recall the state
official if the contributor is a caucus political committee or
the governing body of a state organization, or (ii) *twentyfive cents multiplied by the number of registered voters in
the jurisdiction from which the candidate is elected if the
contributor is a county central committee or a legislative
district committee.
(b) No state official against whom recall charges have
been filed, no authorized committee of the official, and no
political committee having the expectation of making
expenditures in support of the recall of a state official may
accept contributions from a county central committee or a
legislative district committee during an election cycle that
when combined with contributions from other county central
committees or legislative district committees would in the
(2002 Ed.)
42.17.640
aggregate exceed *twenty-five cents multiplied by the
number of registered voters in the jurisdiction from which
the candidate is elected.
(5) For purposes of determining contribution limits
under subsections (3) and (4) of this section, the number of
eligible registered voters in a jurisdiction is the number at
the time of the most recent general election in the jurisdiction.
(6) Notwithstanding subsections (1) through (4) of this
section, no person other than an individual, bona fide
political party, or caucus political committee may make
contributions reportable under this chapter to a caucus
political committee that in the aggregate exceed *five
hundred dollars in a calendar year or to a bona fide political
party that in the aggregate exceed *two thousand five
hundred dollars in a calendar year. This subsection does not
apply to loans made in the ordinary course of business.
(7) For the purposes of RCW 42.17.640 through
42.17.790, a contribution to the authorized political committee of a candidate, or of a state official against whom recall
charges have been filed, is considered to be a contribution to
the candidate or state official.
(8) A contribution received within the twelve-month
period after a recall election concerning a state office is
considered to be a contribution during that recall campaign
if the contribution is used to pay a debt or obligation
incurred to influence the outcome of that recall campaign.
(9) The contributions allowed by subsection (2) of this
section are in addition to those allowed by subsection (1) of
this section, and the contributions allowed by subsection (4)
of this section are in addition to those allowed by subsection
(3) of this section.
(10) RCW 42.17.640 through 42.17.790 apply to a
special election conducted to fill a vacancy in a state office.
However, the contributions made to a candidate or received
by a candidate for a primary or special election conducted to
fill such a vacancy shall not be counted toward any of the
limitations that apply to the candidate or to contributions
made to the candidate for any other primary or election.
(11) Notwithstanding the other subsections of this
section, no corporation or business entity not doing business
in Washington state, no labor union with fewer than ten
members who reside in Washington state, and no political
committee that has not received contributions of ten dollars
or more from at least ten persons registered to vote in
Washington state during the preceding one hundred eighty
days may make contributions reportable under this chapter
to a candidate, to a state official against whom recall charges
have been filed, or to a political committee having the
expectation of making expenditures in support of the recall
of the official. This subsection does not apply to loans made
in the ordinary course of business.
(12) Notwithstanding the other subsections of this
section, no county central committee or legislative district
committee may make contributions reportable under this
chapter to a candidate, state official against whom recall
charges have been filed, or political committee having the
expectation of making expenditures in support of the recall
of a state official if the county central committee or legislative district committee is outside of the jurisdiction entitled
to elect the candidate or recall the state official.
[Title 42 RCW—page 51]
42.17.640
Title 42 RCW: Public Officers and Agencies
(13) No person may accept contributions that exceed the
contribution limitations provided in this section.
(14) The following contributions are exempt from the
contribution limits of this section:
(a) An expenditure or contribution earmarked for voter
registration, for absentee ballot information, for precinct
caucuses, for get-out-the-vote campaigns, for precinct judges
or inspectors, for sample ballots, or for ballot counting, all
without promotion of or political advertising for individual
candidates; or
(b) An expenditure by a political committee for its own
internal organization or fund raising without direct association with individual candidates. [2001 c 208 § 1; 1995 c
397 § 20; 1993 c 2 § 4 (Initiative Measure No. 134, approved November 3, 1992).]
*Reviser’s note: The monetary amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the
Washington Administration Code (WAC).
42.17.650 Attribution and aggregation of family
contributions. (1) Contributions by a husband and wife are
considered separate contributions.
(2) Contributions by unemancipated children under
eighteen years of age are considered contributions by their
parents and are attributed proportionately to each parent.
Fifty percent of the contributions are attributed to each
parent or, in the case of a single custodial parent, the total
amount is attributed to the parent. [1993 c 2 § 5 (Initiative
Measure No. 134, approved November 3, 1992).]
42.17.660 Attribution of contributions by controlled
entities. For purposes of this chapter:
(1) A contribution by a political committee with funds
that have all been contributed by one person who exercises
exclusive control over the distribution of the funds of the
political committee is a contribution by the controlling
person.
(2) Two or more entities are treated as a single entity if
one of the two or more entities is a subsidiary, branch, or
department of a corporation or a local unit, branch, or
affiliate of a trade association, labor union, or collective
bargaining association. All contributions made by a person
or political committee whose contribution or expenditure
activity is financed, maintained, or controlled by a trade
association, labor union, collective bargaining organization,
or the local unit of a trade association, labor union, or
collective bargaining organization are considered made by
the same person or entity. [1993 c 2 § 6 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.670 Attribution of contributions generally—
"Earmarking." All contributions made by a person or
entity, either directly or indirectly, to a candidate, to a state
official against whom recall charges have been filed, or to a
political committee, are considered to be contributions from
that person or entity to the candidate, state official, or political committee, as are contributions that are in any way
earmarked or otherwise directed through an intermediary or
conduit to the candidate, state official, or political committee.
For the purposes of this section, "earmarked" means a
[Title 42 RCW—page 52]
designation, instruction, or encumbrance, whether direct or
indirect, expressed or implied, or oral or written, that is
intended to result in or does result in all or any part of a
contribution being made to a certain candidate or state
official. If a conduit or intermediary exercises any direction
or control over the choice of the recipient candidate or state
official, the contribution is considered to be by both the
original contributor and the conduit or intermediary. [1993
c 2 § 7 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.680 Limitations on employers or labor
organizations. (1) No employer or labor organization may
increase the salary of an officer or employee, or give an
emolument to an officer, employee, or other person or entity,
with the intention that the increase in salary, or the emolument, or a part of it, be contributed or spent to support or
oppose a candidate, state official against whom recall
charges have been filed, political party, or political committee.
(2) No employer or labor organization may discriminate
against an officer or employee in the terms or conditions of
employment for (a) the failure to contribute to, (b) the
failure in any way to support or oppose, or (c) in any way
supporting or opposing a candidate, ballot proposition,
political party, or political committee. At least annually, an
employee from whom wages or salary are withheld under
subsection (3) of this section shall be notified of the provisions of this subsection.
(3) No employer or other person or entity responsible
for the disbursement of funds in payment of wages or
salaries may withhold or divert a portion of an employee’s
wages or salaries for contributions to political committees or
for use as political contributions except upon the written
request of the employee. The request must be made on a
form prescribed by the commission informing the employee
of the prohibition against employer and labor organization
discrimination described in subsection (2) of this section.
The employee may revoke the request at any time. At least
annually, the employee shall be notified about the right to
revoke the request.
(4) Each person or entity who withholds contributions
under subsection (3) of this section shall maintain open for
public inspection for a period of no less than three years,
during normal business hours, documents and books of accounts that shall include a copy of each employee’s request,
the amounts and dates funds were actually withheld, and the
amounts and dates funds were transferred to a political
committee. Copies of such information shall be delivered to
the commission upon request. [2002 c 156 § 1; 1993 c 2 §
8 (Initiative Measure No. 134, approved November 3,
1992).]
Effective date—2002 c 156: "This act takes effect July 1, 2002."
[2002 c 156 § 2.]
42.17.690 Changing monetary limits. At the
beginning of each even-numbered calendar year, the commission shall increase or decrease all dollar amounts in this
chapter based on changes in economic conditions as reflected
in the inflationary index used by the commission under
RCW 42.17.370. The new dollar amounts established by the
(2002 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
commission under this section shall be rounded off by the
commission to amounts as judged most convenient for public
understanding and so as to be within ten percent of the target
amount equal to the base amount provided in this chapter
multiplied by the increase in the inflationary index since
December 3, 1992. [1993 c 2 § 9 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.700 Contributions before December 3, 1992.
Contributions made and received before December 3, 1992,
are considered to be contributions under RCW 42.17.640
through 42.17.790. Monetary contributions that exceed the
contribution limitations and that have not been spent by the
recipient of the contribution by December 3, 1992, must be
disposed of in accordance with RCW 42.17.095. [1993 c 2
§ 10 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.710 Time limit for state official to solicit or
accept contributions. During the period beginning on the
thirtieth day before the date a regular legislative session
convenes and continuing thirty days past the date of final
adjournment, and during the period beginning on the date a
special legislative session convenes and continuing through
the date that session adjourns, no state official or a person
employed by or acting on behalf of a state official or state
legislator may solicit or accept contributions to a public
office fund, to a candidate or authorized committee, or to
retire a campaign debt. [1993 c 2 § 11 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.720 Restriction on loans. (1) A loan is
considered to be a contribution from the lender and any
guarantor of the loan and is subject to the contribution
limitations of this chapter. The full amount of the loan shall
be attributed to the lender and to each guarantor.
(2) A loan to a candidate for public office or the
candidate’s political committee must be by written agreement.
(3) The proceeds of a loan made to a candidate for
public office:
(a) By a commercial lending institution;
(b) Made in the regular course of business; and
(c) On the same terms ordinarily available to members
of the public, are not subject to the contribution limits of this
chapter. [1995 c 397 § 22; 1993 c 2 § 12 (Initiative
Measure No. 134, approved November 3, 1992).]
42.17.730 Contributions on behalf of another. (1)
A person, other than an individual, may not be an intermediary or an agent for a contribution.
(2) An individual may not make a contribution on
behalf of another person or entity, or while acting as the
intermediary or agent of another person or entity, without
disclosing to the recipient of the contribution both his or her
full name, street address, occupation, name of employer, if
any, or place of business if self-employed, and the same
information for each contributor for whom the individual
serves as intermediary or agent. [1993 c 2 § 13 (Initiative
Measure No. 134, approved November 3, 1992).]
(2002 Ed.)
42.17.690
42.17.740 Certain contributions required to be by
written instrument. (1) A person may not make a contribution of more than *fifty dollars, other than an in-kind
contribution, except by a written instrument containing the
name of the donor and the name of the payee.
(2) A political committee may not make a contribution,
other than in-kind, except by a written instrument containing
the name of the donor and the name of the payee. [1995 c
397 § 23; 1993 c 2 § 14 (Initiative Measure No. 134, approved November 3, 1992).]
*Reviser’s note: The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the
Washington Administrative Code (WAC).
42.17.750 Solicitation of contributions by public
officials or employees. (1) No state or local official or state
or local official’s agent may knowingly solicit, directly or
indirectly, a contribution to a candidate for public office,
political party, or political committee from an employee in
the state or local official’s agency.
(2) No state or local official or public employee may
provide an advantage or disadvantage to an employee or
applicant for employment in the classified civil service
concerning the applicant’s or employee’s:
(a) Employment;
(b) Conditions of employment; or
(c) Application for employment,
based on the employee’s or applicant’s contribution or
promise to contribute or failure to make a contribution or
contribute to a political party or political committee. [1995
c 397 § 24; 1993 c 2 § 15 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.760 Agency shop fees as contributions. A
labor organization may not use agency shop fees paid by an
individual who is not a member of the organization to make
contributions or expenditures to influence an election or to
operate a political committee, unless affirmatively authorized
by the individual. [1993 c 2 § 16 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.770 Solicitation of endorsement fees. A
person may not solicit from a candidate for public office,
political committee, political party, or other person money or
other property as a condition or consideration for an endorsement, article, or other communication in the news media
promoting or opposing a candidate for public office, political
committee, or political party. [1995 c 397 § 25; 1993 c 2 §
17 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.780 Reimbursement for contributions. A
person may not, directly or indirectly, reimburse another
person for a contribution to a candidate for public office,
political committee, or political party. [1995 c 397 § 26;
1993 c 2 § 18 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.790 Prohibition on use of contributions for a
different office. (1) Except as provided in subsection (2) of
[Title 42 RCW—page 53]
42.17.790
Title 42 RCW: Public Officers and Agencies
this section, a candidate for public office or the candidate’s
political committee may not use or permit the use of contributions, whether or not surplus, solicited for or received
by the candidate for public office or the candidate’s political
committee to further the candidacy of the individual for an
office other than the office designated on the statement of
organization. A contribution solicited for or received on
behalf of the candidate for public office is considered
solicited or received for the candidacy for which the individual is then a candidate if the contribution is solicited or
received before the general elections for which the candidate
for public office is a nominee or is unopposed.
(2) With the written approval of the contributor, a
candidate for public office or the candidate’s political
committee may use or permit the use of contributions,
whether or not surplus, solicited for or received by the
candidate for public office or the candidate’s political
committee from that contributor to further the candidacy of
the individual for an office other than the office designated
on the statement of organization. If the contributor does not
approve the use of his or her contribution to further the
candidacy of the individual for an office other than the office
designated on the statement of organization at the time of the
contribution, the contribution must be considered surplus
funds and disposed of in accordance with RCW 42.17.095.
[1995 c 397 § 27; 1993 c 2 § 19 (Initiative Measure No.
134, approved November 3, 1992).]
TECHNICAL PROVISIONS
42.17.900 Effective date—1973 c 1. The effective
date of this act shall be January 1, 1973. [1973 c 1 § 49
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.910 Severability—1973 c 1. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1973 c 1 § 46 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.911 Severability—1975 1st ex.s. c 294. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975 1st ex.s. c 294 §
29.]
42.17.912 Severability—1975-’76 2nd ex.s. c 112. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other
persons or circumstances is not affected. [1975-’76 2nd
ex.s. c 112 § 16.]
42.17.920 Construction—1973 c 1. The provisions
of this act are to be liberally construed to effectuate the
policies and purposes of this act. In the event of conflict
between the provisions of this act and any other act, the
[Title 42 RCW—page 54]
provisions of this act shall govern. [1973 c 1 § 47 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.930 Chapter, section headings not part of law.
Chapter and section captions or headings as used in this act
do not constitute any part of the law. [1973 c 1 § 48
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.940 Repealer—1973 c 1. Chapter 9, Laws of
1965, as amended by section 9, chapter 150, Laws of 1965
ex. sess., and RCW 29.18.140; and chapter 131, Laws of
1967 ex. sess. and RCW 44.64 [chapter 44.64 RCW]; and
chapter 82, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and
Referendum Bill No. 24; and chapter 98, Laws of 1972
(42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 are
each hereby repealed. [1973 c 1 § 50 (Initiative Measure
No. 276, approved November 7, 1972).]
42.17.945 Construction—1975-’76 2nd ex.s. c 112.
The provisions of this 1976 amendatory act are intended to
be remedial and shall be liberally construed, and nothing in
this 1976 amendatory act shall be construed to limit the
power of the commission under any other provision of
chapter 42.17 RCW. [1975-’76 2nd ex.s. c 112 § 15.]
42.17.950 Captions. Section captions and part
headings used in this act do not constitute any part of the
law. [1993 c 2 § 34 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.955 Short title—1993 c 2. This act may be
known and cited as the Fair Campaign Practices Act. [1993
c 2 § 36 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.960 Effective date—1995 c 397. Sections 1
through 32, 34, and 37 of this act are necessary for the
immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions, and shall take effect July 1, 1995. [1995 c 397
§ 35.]
42.17.961 Captions—1995 c 397. Captions as used
in chapter 397, Laws of 1995 constitute no part of the law.
[1995 c 397 § 37.]
42.17.962 Severability—1995 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 397 § 38.]
Chapter 42.20
MISCONDUCT OF PUBLIC OFFICERS
Sections
42.20.020
42.20.030
42.20.040
42.20.050
Powers may not be delegated for profit.
Intrusion into and refusal to surrender public office.
False report.
Public officer making false certificate.
(2002 Ed.)
Misconduct of Public Officers
42.20.060
42.20.070
Falsely auditing and paying claims.
Misappropriation and falsification of accounts by public
officer.
42.20.080 Other violations by officers.
42.20.090 Misappropriation, etc., by treasurer.
42.20.100 Failure of duty by public officer a misdemeanor.
42.20.110 Improper conduct by certain justices.
Bidding offenses: Chapter 9.18 RCW.
Bribery or corrupt solicitation prohibited: State Constitution Art. 2 § 30.
Cities
optional municipal code, council-manager plan, forfeiture of office for
misconduct: RCW 35A.13.020.
optional municipal code, mayor-council plan, forfeiture of office for
misconduct: RCW 35A.12.060.
Cities and towns, commission form, misconduct of officers and employees:
RCW 35.17.150.
County commissioners, misconduct relating to inventories: RCW 36.32.220.
County officers, misconduct: RCW 36.18.160, 36.18.170.
County sheriff, misconduct: RCW 36.28.140.
County treasurer, suspension for misconduct: RCW 36.29.090.
Election officials, misconduct: Chapter 29.85 RCW.
Flood control district officers, interest in contracts prohibited: RCW
86.09.286.
Forfeiture of office upon conviction of felony or malfeasance: RCW
9.92.120.
Free transportation for public officers prohibited: State Constitution Art.
2 § 39, Art. 12 § 20.
Impersonating public officer: RCW 9A.60.040.
Juries, misconduct of public officers concerning: Chapter 9.51 RCW.
Militia, misconduct: Chapter 38.32 RCW.
Official misconduct: RCW 9A.80.010.
Penitentiary employees, misconduct: RCW 72.01.060.
Private use of public funds, penalty: State Constitution Art. 11 § 14.
School funds, failure to turn over: RCW 28A.635.070.
School officials
disclosing examination questions: RCW 28A.635.040.
grafting: RCW 28A.635.050.
School teachers
failure to display flag: RCW 28A.230.140.
failure to enforce rules: RCW 28A.405.060.
revocation or suspension of certificate or permit to teach—investigation
by superintendent of public instruction—mandatory revocation for
crimes against children: RCW 28A.410.090.
State and judicial officers, impeachment: State Constitution Art. 5.
State treasurer, embezzlement: RCW 43.08.140.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
Utilities and transportation commission members and employees, interest in
regulated companies prohibited: RCW 80.01.020.
42.20.020 Powers may not be delegated for profit.
Every public officer who, for any reward, consideration or
gratuity paid or agreed to be paid, shall, directly or indirectly, grant to another the right or authority to discharge any
function of his office, or permit another to perform any of
his duties, shall be guilty of a gross misdemeanor. [1909 c
249 § 83; RRS § 2335.]
Reviser’s note: Caption for 1909 c 249 § 83 reads as follows: "Sec.
83. Grant of Official Powers."
42.20.030 Intrusion into and refusal to surrender
public office. Every person who shall falsely personate or
represent any public officer, or who shall wilfully intrude
himself into a public office to which he has not been duly
elected or appointed, or who shall wilfully exercise any of
(2002 Ed.)
Chapter 42.20
the functions or perform any of the duties of such officer,
without having duly qualified therefor, as required by law,
or who, having been an executive or administrative officer,
shall wilfully exercise any of the functions of his office after
his right to do so has ceased, or wrongfully refuse to
surrender the official seal or any books or papers appertaining to such office, upon the demand of his lawful successor,
shall be guilty of a gross misdemeanor. [1909 c 249 § 84;
RRS § 2336.]
Impersonating a public officer: RCW 9A.60.040.
Quo warranto: Chapter 7.56 RCW.
42.20.040 False report. Every public officer who
shall knowingly make any false or misleading statement in
any official report or statement, under circumstances not
otherwise prohibited by law, shall be guilty of a gross
misdemeanor. [1909 c 249 § 98; RRS § 2350.]
42.20.050 Public officer making false certificate.
Every public officer who, being authorized by law to make
or give a certificate or other writing, shall knowingly make
and deliver as true such a certificate or writing containing
any statement which he knows to be false, in a case where
the punishment thereof is not expressly prescribed by law,
shall be guilty of a gross misdemeanor. [1909 c 249 § 128;
RRS § 2380.]
42.20.060 Falsely auditing and paying claims.
Every public officer, or person holding or discharging the
duties of any public office or place of trust under the state
or in any county, town or city, a part of whose duty it is to
audit, allow or pay, or take part in auditing, allowing or
paying, claims or demands upon the state or such county,
town or city, who shall knowingly audit, allow or pay, or,
directly or indirectly, consent to or in any way connive at the
auditing, allowance or payment of any claim or demand
against the state or such county, town or city, which is false
or fraudulent or contains any charge, item or claim which is
false or fraudulent, shall be guilty of a gross misdemeanor.
[1909 c 249 § 129; RRS § 2381.]
42.20.070 Misappropriation and falsification of
accounts by public officer. Every public officer, and every
other person receiving money on behalf or for or on account
of the people of the state or of any department of the state
government or of any bureau or fund created by law in
which the people are directly or indirectly interested, or for
or on account of any county, city, town, or any school,
diking, drainage, or irrigation district, who:
(1) Shall appropriate to his or her own use or the use of
any person not entitled thereto, without authority of law, any
money so received by him or her as such officer or otherwise; or
(2) Shall knowingly keep any false account, or make
any false entry or erasure in any account, of or relating to
any money so received by him or her; or
(3) Shall fraudulently alter, falsify, conceal, destroy or
obliterate any such account; or
(4) Shall willfully omit or refuse to pay over to the
state, its officer or agent authorized by law to receive the
same, or to such county, city, town, or such school, diking,
[Title 42 RCW—page 55]
42.20.070
Title 42 RCW: Public Officers and Agencies
drainage, or irrigation district or to the proper officer or
authority empowered to demand and receive the same, any
money received by him or her as such officer when it is a
duty imposed upon him or her by law to pay over and
account for the same,
shall be punished by imprisonment in a state correctional
facility for not more than fifteen years. [1992 c 7 § 37;
1909 c 249 § 317; RRS § 2569. Prior: Code 1881 § 890;
1873 p 202 § 92; 1854 p 91 § 83.]
42.20.080 Other violations by officers. Every officer
or other person mentioned in RCW 42.20.070, who shall
wilfully disobey any provision of law regulating his official
conduct in cases other than those specified in said section,
shall be guilty of a gross misdemeanor. [1909 c 249 § 318;
RRS § 2570.]
42.20.090 Misappropriation, etc., by treasurer.
Every state, county, city, or town treasurer who willfully
misappropriates any moneys, funds, or securities received by
or deposited with him or her as such treasurer, or who shall
be guilty of any other malfeasance or willful neglect of duty
in his or her office, shall be punished by imprisonment in a
state correctional facility for not more than five years or by
a fine of not more than five thousand dollars. [1992 c 7 §
38; 1909 c 249 § 319; RRS § 2571.]
County treasurer, suspension for misconduct: RCW 36.29.090.
State treasurer, embezzlement: RCW 43.08.140.
42.20.100 Failure of duty by public officer a
misdemeanor. Whenever any duty is enjoined by law upon
any public officer or other person holding any public trust or
employment, their wilful neglect to perform such duty, except where otherwise specially provided for, shall be a
misdemeanor. [1909 c 249 § 16; RRS § 2268. Prior: Code
1881 § 889; 1854 p 90 § 82.]
Official misconduct by public servant: RCW 9A.80.010.
42.20.110 Improper conduct by certain justices. It
shall be a misdemeanor for any judge or justice of any court
not of record, during the hearing of any cause or proceeding
therein, to address any person in his presence in unfit,
unseemly or improper language. [1911 c 115 § 1; RRS §
2696-1.]
Chapter 42.23
CODE OF ETHICS FOR MUNICIPAL OFFICERS—
CONTRACT INTERESTS
Sections
42.23.010 Declaration of purpose.
42.23.020 Definitions.
42.23.030 Interest in contracts prohibited—Exceptions.
42.23.040 Remote interests.
42.23.050 Prohibited contracts void—Penalties for violation of chapter.
42.23.060 Local charter controls chapter.
42.23.070 Prohibited acts.
Cities, free passes, services prohibited: RCW 35.17.150.
County officers, general provisions: Chapter 36.16 RCW.
Ethics in public service act: Chapter 42.52 RCW.
Public employment, civil service: Title 41 RCW.
[Title 42 RCW—page 56]
State officers, general provisions: Chapter 43.01 RCW.
42.23.010 Declaration of purpose. It is the purpose
and intent of this chapter to revise and make uniform the
laws of this state concerning the transaction of business by
municipal officers, as defined in chapter 268, Laws of 1961,
in conflict with the proper performance of their duties in the
public interest; and to promote the efficiency of local
government by prohibiting certain instances and areas of
conflict while at the same time sanctioning, under sufficient
controls, certain other instances and areas of conflict wherein
the private interest of the municipal officer is deemed to be
only remote, to the end that, without sacrificing necessary
public responsibility and enforceability in areas of significant
and clearly conflicting interests, the selection of municipal
officers may be made from a wider group of responsible
citizens of the communities which they are called upon to
serve. [1961 c 268 § 2.]
42.23.020 Definitions. For the purpose of chapter
268, Laws of 1961:
(1) "Municipality" shall include all counties, cities,
towns, districts, and other municipal corporations and quasi
municipal corporations organized under the laws of the state
of Washington;
(2) "Municipal officer" and "officer" shall each include
all elected and appointed officers of a municipality, together
with all deputies and assistants of such an officer, and all
persons exercising or undertaking to exercise any of the
powers or functions of a municipal officer;
(3) "Contract" shall include any contract, sale, lease or
purchase;
(4) "Contracting party" shall include any person,
partnership, association, cooperative, corporation, or other
business entity which is a party to a contract with a municipality. [1961 c 268 § 3.]
42.23.030 Interest in contracts prohibited—
Exceptions. No municipal officer shall be beneficially
interested, directly or indirectly, in any contract which may
be made by, through or under the supervision of such
officer, in whole or in part, or which may be made for the
benefit of his or her office, or accept, directly or indirectly,
any compensation, gratuity or reward in connection with
such contract from any other person beneficially interested
therein. This section shall not apply in the following cases:
(1) The furnishing of electrical, water or other utility
services by a municipality engaged in the business of
furnishing such services, at the same rates and on the same
terms as are available to the public generally;
(2) The designation of public depositaries for municipal
funds;
(3) The publication of legal notices required by law to
be published by any municipality, upon competitive bidding
or at rates not higher than prescribed by law for members of
the general public;
(4) The designation of a school director as clerk or as
both clerk and purchasing agent of a school district;
(5) The employment of any person by a municipality for
unskilled day labor at wages not exceeding two hundred
dollars in any calendar month. The exception provided in
(2002 Ed.)
Code of Ethics for Municipal Officers—Contract Interests
this subsection does not apply to a county with a population
of one hundred twenty-five thousand or more, a city with a
population of more than one thousand five hundred, an
irrigation district encompassing more than fifty thousand
acres, or a first class school district;
(6)(a) The letting of any other contract in which the
total amount received under the contract or contracts by the
municipal officer or the municipal officer’s business does not
exceed one thousand five hundred dollars in any calendar
month.
(b) However, in the case of a particular officer of a
second class city or town, or a noncharter optional code city,
or a member of any county fair board in a county which has
not established a county purchasing department pursuant to
RCW 36.32.240, the total amount of such contract or
contracts authorized in this subsection (6) may exceed one
thousand five hundred dollars in any calendar month but
shall not exceed eighteen thousand dollars in any calendar
year.
(c) The exceptions provided in this subsection (6) do not
apply to a sale or lease by the municipality as the seller or
lessor. The exceptions provided in this subsection (6) also
do not apply to the letting of any contract by a county with
a population of one hundred twenty-five thousand or more,
a city with a population of ten thousand or more, or an
irrigation district encompassing more than fifty thousand
acres.
(d) The municipality shall maintain a list of all contracts
that are awarded under this subsection (6). The list must be
made available for public inspection and copying;
(7) The leasing by a port district as lessor of port
district property to a municipal officer or to a contracting
party in which a municipal officer may be beneficially
interested, if in addition to all other legal requirements, a
board of three disinterested appraisers and the superior court
in the county where the property is situated finds that all
terms and conditions of such lease are fair to the port district
and are in the public interest. The appraisers must be
appointed from members of the American Institute of Real
Estate Appraisers by the presiding judge of the superior
court;
(8) The letting of any employment contract for the
driving of a school bus in a second class school district if
the terms of such contract are commensurate with the pay
plan or collective bargaining agreement operating in the district;
(9) The letting of any employment contract to the
spouse of an officer of a school district, when such contract
is solely for employment as a substitute teacher for the
school district. This exception applies only if the terms of
the contract are commensurate with the pay plan or collective bargaining agreement applicable to all district employees
and the board of directors has found, consistent with the
written policy under RCW 28A.330.240, that there is a shortage of substitute teachers in the school district;
(10) The letting of any employment contract to the
spouse of an officer of a school district if the spouse was
under contract as a certificated or classified employee with
the school district before the date in which the officer
assumes office and the terms of the contract are commensurate with the pay plan or collective bargaining agreement
operating in the district. However, in a second class school
(2002 Ed.)
42.23.030
district that has less than two hundred full-time equivalent
students enrolled at the start of the school year as defined in
RCW 28A.150.040, the spouse is not required to be under
contract as a certificated or classified employee before the
date on which the officer assumes office;
(11) The authorization, approval, or ratification of any
employment contract with the spouse of a public hospital
district commissioner if: (a) The spouse was employed by
the public hospital district before the date the commissioner
was initially elected; (b) the terms of the contract are
commensurate with the pay plan or collective bargaining
agreement operating in the district for similar employees; (c)
the interest of the commissioner is disclosed to the board of
commissioners and noted in the official minutes or similar
records of the public hospital district prior to the letting or
continuation of the contract; and (d) and the commissioner
does not vote on the authorization, approval, or ratification
of the contract or any conditions in the contract.
A municipal officer may not vote in the authorization,
approval, or ratification of a contract in which he or she is
beneficially interested even though one of the exemptions
allowing the awarding of such a contract applies. The interest of the municipal officer must be disclosed to the
governing body of the municipality and noted in the official
minutes or similar records of the municipality before the
formation of the contract. [1999 c 261 § 2; 1997 c 98 § 1;
1996 c 246 § 1. Prior: 1994 c 81 § 77; 1994 c 20 § 1;
1993 c 308 § 1; 1991 c 363 § 120; 1990 c 33 § 573; 1989
c 263 § 1; 1983 1st ex.s. c 44 § 1; prior: 1980 c 39 § 1;
1979 ex.s. c 4 § 1; 1971 ex.s. c 242 § 1; 1961 c 268 § 4.]
Findings—Intent—1999 c 261: "The legislature finds that:
(1) The current statutes pertaining to municipal officers’ beneficial
interest in contracts are quite confusing and have resulted in some
inadvertent violations of the law.
(2) The dollar thresholds for many of the exemptions have not been
changed in over thirty-five years, and the restrictions apply to the total
amount of the contract instead of the portion of the contract that pertains to
the business operated by the municipal officer.
(3) The confusion existing over these current statutes discourages
some municipalities from accessing some efficiencies available to them.
Therefore, it is the intent of the legislature to clarify the statutes
pertaining to municipal officers and contracts and to enact reasonable
protections against inappropriate conflicts of interest." [1999 c 261 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 263: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 263 § 3.]
Severability—1980 c 39: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 39 § 3.]
42.23.040 Remote interests. A municipal officer is
not interested in a contract, within the meaning of RCW
42.23.030, if the officer has only a remote interest in the
contract and the extent of the interest is disclosed to the
governing body of the municipality of which the officer is an
officer and noted in the official minutes or similar records of
the municipality prior to the formation of the contract, and
thereafter the governing body authorizes, approves, or ratifies
the contract in good faith by a vote of its membership
[Title 42 RCW—page 57]
42.23.040
Title 42 RCW: Public Officers and Agencies
sufficient for the purpose without counting the vote or votes
of the officer having the remote interest. As used in this
section "remote interest" means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party
where the compensation of such employee or agent consists
entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
(4) That of a holder of less than one percent of the
shares of a corporation or cooperative which is a contracting
party.
None of the provisions of this section are applicable to
any officer interested in a contract, even if the officer’s
interest is only remote, if the officer influences or attempts
to influence any other officer of the municipality of which
he or she is an officer to enter into the contract. [1999 c
261 § 3; 1961 c 268 § 5.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.050 Prohibited contracts void—Penalties for
violation of chapter. Any contract made in violation of the
provisions of this chapter is void and the performance
thereof, in full or in part, by a contracting party shall not be
the basis of any claim against the municipality. Any officer
violating the provisions of this chapter is liable to the
municipality of which he or she is an officer for a penalty in
the amount of five hundred dollars, in addition to such other
civil or criminal liability or penalty as may otherwise be
imposed upon the officer by law.
In addition to all other penalties, civil or criminal, the
violation by any officer of the provisions of this chapter may
be grounds for forfeiture of his or her office. [1999 c 261
§ 4; 1961 c 268 § 6.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.060 Local charter controls chapter. If any
provision of this chapter conflicts with any provision of a
city or county charter, or with any provision of a city-county
charter, the charter shall control if it contains stricter
requirements than this chapter. The provisions of this
chapter shall be considered as minimum standards to be
enforced by municipalities. [1999 c 261 § 5; 1961 c 268 §
16.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.070 Prohibited acts. (1) No municipal officer
may use his or her position to secure special privileges or
exemptions for himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give
or receive or agree to receive any compensation, gift,
reward, or gratuity from a source except the employing
municipality, for a matter connected with or related to the
officer’s services as such an officer unless otherwise
provided for by law.
(3) No municipal officer may accept employment or
engage in business or professional activity that the officer
might reasonably expect would require or induce him or her
by reason of his or her official position to disclose confidential information acquired by reason of his or her official
position.
[Title 42 RCW—page 58]
(4) No municipal officer may disclose confidential
information gained by reason of the officer’s position, nor
may the officer otherwise use such information for his or her
personal gain or benefit. [1994 c 154 § 121.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Chapter 42.24
PAYMENT OF CLAIMS FOR EXPENSES,
MATERIAL, PURCHASES—ADVANCEMENTS
Sections
42.24.035
42.24.070
42.24.080
Payment for postage, books, and periodicals.
State agencies—Budget and accounting system.
Municipal corporations and political subdivisions—Claims
against for contractual purposes—Auditing and payment—Forms—Authentication and certification.
42.24.090 Municipal corporations and political subdivisions—
Reimbursement claims by officers and employees.
42.24.100 Municipal corporations and political subdivisions—
Certificates need not be sworn—Penalty for false claim.
42.24.110 Municipal corporations and political subdivisions—
Approving or paying false claim—Penalties.
42.24.115 Municipal corporations and political subdivisions—Charge
cards for officers’ and employees’ travel expenses.
42.24.120 Advancements for travel expenses—Municipal corporation
or political subdivision officers and employees.
42.24.130 Advancements for travel expenses—Revolving fund.
42.24.140 Advancements for travel expenses—Provision to assure
repayment.
42.24.150 Advancements for travel expenses—Travel expense voucher.
42.24.160 Advancements for travel expenses—Purpose—Not personal
loan.
42.24.170 Expenditures by special purpose districts to recruit job candidates—Reimbursement for travel expenses.
42.24.180 Taxing district—Issuance of warrants or checks before approval by legislative body—Conditions.
County auditor: Chapter 36.22 RCW.
State auditor: Chapter 43.09 RCW.
42.24.035 Payment for postage, books, and periodicals. Notwithstanding the provisions of chapter 42.24 RCW
or any other existing statute, school districts and other public
agencies including but not limited to state agencies and
municipal corporations which are expressly or by necessary
implication authorized to subscribe to magazines or other
periodical publications or books or to purchase postage or
publications from the United States government or any other
publisher may make payment of the costs of such purchases
in a manner as consistent as possible and practicable with
normal and usual business methods, and in the case of
subscriptions, for periods not in excess of three years. [1975
1st ex.s. c 72 § 1; 1963 c 116 § 1.]
42.24.070 State agencies—Budget and accounting
system. See chapter 43.88 RCW.
42.24.080 Municipal corporations and political
subdivisions—Claims against for contractual purposes—
Auditing and payment—Forms—Authentication and
certification. All claims presented against any county, city,
district or other municipal corporation or political subdivision by persons furnishing materials, rendering services or
performing labor, or for any other contractual purpose, shall
be audited, before payment, by an auditing officer elected or
(2002 Ed.)
Payment of Claims for Expenses, Material, Purchases—Advancements
appointed pursuant to statute or, in the absence of statute, an
appropriate charter provision, ordinance or resolution of the
municipal corporation or political subdivision. Such claims
shall be prepared for audit and payment on a form and in the
manner prescribed by the state auditor. The form shall
provide for the authentication and certification by such
auditing officer that the materials have been furnished, the
services rendered or the labor performed as described, and
that the claim is a just, due and unpaid obligation against the
municipal corporation or political subdivision; and no claim
shall be paid without such authentication and certification:
PROVIDED, That the certificates as to claims of officers
and employees of a county, city, district or other municipal
corporation or political subdivision, for services rendered,
shall be made by the person charged with the duty of
preparing and submitting vouchers for the payment of
services, and he or she shall certify that the claim is just,
true and unpaid, which certificate shall be part of the
voucher. [1995 c 301 § 72; 1965 c 116 § 1.]
42.24.090 Municipal corporations and political
subdivisions—Reimbursement claims by officers and
employees. No claim for reimbursement of any expenditures by officers or employees of any municipal corporation
or political subdivision of the state for transportation,
lodging, meals or any other purpose shall be allowed by any
officer, employee or board charged with auditing accounts
unless the same shall be presented in a detailed account:
PROVIDED, That, unless otherwise authorized by law, the
legislative body of any municipal corporation or political
subdivision of the state may prescribe by ordinance or
resolution the amounts to be paid officers or employees
thereof as reimbursement for the use of their personal automobiles or other transportation equipment in connection with
officially assigned duties and other travel for approved
public purposes, or as reimbursement to such officers or
employees in lieu of actual expenses incurred for lodging,
meals or other purposes. The rates for such reimbursements
may be computed on a mileage, hourly, per diem, monthly,
or other basis as the respective legislative bodies shall
determine to be proper in each instance: PROVIDED, That
in lieu of such reimbursements, payments for the use of
personal automobiles for official travel may be established
if the legislative body determines that these payments would
be less costly to the municipal corporation or political subdivision of the state than providing automobiles for official
travel.
All claims authorized under this section shall be duly
certified by the officer or employee submitting such claims
on forms and in the manner prescribed by the state auditor.
[1995 c 301 § 73; 1981 c 56 § 1; 1965 c 116 § 2.]
42.24.100 Municipal corporations and political
subdivisions—Certificates need not be sworn—Penalty
for false claim. The certificates required by RCW
42.24.080 through 42.24.110 need not be sworn, but any
person certifying a claim or making a claim knowing the
same to be false or untrue shall be guilty of perjury in the
second degree. [1965 c 116 § 3.]
42.24.080
42.24.110 Municipal corporations and political
subdivisions—Approving or paying false claim—
Penalties. Any person who knowingly approves or pays or
causes to be approved or paid a false or untrue claim shall
be guilty of a gross misdemeanor and, in addition, he shall
be civilly liable on his bond to the municipal corporation or
political subdivision, as the case may be, for the amount so
paid or for three hundred dollars whichever is the greater.
[1965 c 116 § 4.]
42.24.115 Municipal corporations and political
subdivisions—Charge cards for officers’ and employees’
travel expenses. (1) Any municipal corporation or political
subdivision may provide for the issuance of charge cards to
officers and employees for the purpose of covering expenses
incident to authorized travel.
(2) If a charge card is issued for the purpose of covering
expenses relating to authorized travel, upon billing or no
later than thirty days of the billing date, the officer or
employee using a charge card issued under this section shall
submit a fully itemized travel expense voucher. Any charges
against the charge card not properly identified on the travel
expense voucher or not allowed following the audit required
under RCW 42.24.080 shall be paid by the official or
employee by check, United States currency, or salary
deduction.
(3) If, for any reason, disallowed charges are not repaid
before the charge card billing is due and payable, the
municipal corporation or political subdivision shall have a
prior lien against and a right to withhold any and all funds
payable or to become payable to the official or employee up
to an amount of the disallowed charges and interest at the
same rate as charged by the company which issued the
charge card. Any official or employee who has been issued
a charge card by a municipal corporation or political
subdivision shall not use the card if any disallowed charges
are outstanding and shall surrender the card upon demand of
the auditing officer. The municipal corporation or political
subdivision shall have unlimited authority to revoke use of
any charge card issued under this section, and, upon such
revocation order being delivered to the charge card company,
shall not be liable for any costs. [1995 c 30 § 3; 1984 c 203
§ 5.]
Findings—1995 c 30: See note following RCW 43.09.2855.
Severability—1984 c 203: See note following RCW 35.43.140.
42.24.120 Advancements for travel expenses—
Municipal corporation or political subdivision officers
and employees. Whenever it becomes necessary for an
elected or appointed official or employee of the municipal
corporation or political subdivision to travel and incur
expenses, the legislative body of such municipal corporation
or political subdivision may provide, in the manner that local
legislation is officially enacted, reasonable allowances to
such officers and employees in advance of expenditure.
Such advance shall be made under appropriate rules and
regulations to be prescribed by the state auditor. [1969 c 74
§ 1.]
42.24.130 Advancements for travel expenses—
Revolving fund. The legislative body of a municipal
(2002 Ed.)
[Title 42 RCW—page 59]
42.24.130
Title 42 RCW: Public Officers and Agencies
corporation or political subdivision wishing to make advance
payments of travel expenses to officials and employees, as
provided in RCW 42.24.120 through 42.24.160, will establish, in the manner that local legislation is officially enacted,
a revolving fund to be used solely for the purpose of making
advance payments of travel expenses. The revolving fund
will be maintained in a bank as a checking account and
advances to officials or employees will be by check. The
fund will be replenished by warrant. [1969 c 74 § 2.]
42.24.140 Advancements for travel expenses—
Provision to assure repayment. To protect the municipal
corporation or political subdivision from any losses on
account of advances made as provided in RCW 42.24.120
through 42.24.160, the municipal corporation or political
subdivision shall have a prior lien against and a right to
withhold any and all funds payable or to become payable by
the municipal corporation or political subdivision to such
officer or employee to whom such advance has been given,
as provided in RCW 42.24.120 through 42.24.160, up to the
amount of such advance and interest at the rate of ten
percent per annum, until such time as repayment or justification has been made. No advance of any kind may be made
to any officer or employee under RCW 42.24.120 through
42.24.160, at any time when he is delinquent in accounting
for or repaying a prior advance under RCW 42.24.120
through 42.24.160. [1969 c 74 § 3.]
42.24.150 Advancements for travel expenses—
Travel expense voucher. On or before the fifteenth day
following the close of the authorized travel period for which
expenses have been advanced to any officer or employee, he
shall submit to the appropriate official a fully itemized travel
expense voucher, for all reimbursable items legally expended, accompanied by the unexpended portion of such advance,
if any.
Any advance made for this purpose, or any portion
thereof, not repaid or accounted for in the time and manner
specified herein, shall bear interest at the rate of ten percent
per annum from the date of default until paid. [1995 c 194
§ 9; 1969 c 74 § 4.]
42.24.160 Advancements for travel expenses—
Purpose—Not personal loan. An advance made under
RCW 42.24.120 through 42.24.160 shall be considered as
having been made to such officer or employee to be expended by him as an agent of the municipal corporation or
political subdivision for the municipal corporation’s or
political subdivision’s purposes only, and specifically to
defray necessary costs while performing his official duties.
No such advance shall be considered as a personal loan
to such officer or employee and any expenditure thereof,
other than for official business purposes, shall be considered
a misappropriation of public funds. [1969 c 74 § 5.]
42.24.170 Expenditures by special purpose districts
to recruit job candidates—Reimbursement for travel
expenses. Special purpose districts may expend funds to
recruit job candidates and reimburse candidates for reasonable and necessary travel expenses, including transportation,
subsistence, and lodging. [1981 c 190 § 1.]
[Title 42 RCW—page 60]
42.24.180 *Taxing district—Issuance of warrants or
checks before approval by legislative body—Conditions.
In order to expedite the payment of claims, the legislative
body of any *taxing district, as defined in RCW 43.09.260,
may authorize the issuance of warrants or checks in payment
of claims after the provisions of this chapter have been met
and after the officer designated by statute, or, in the absence
of statute, an appropriate charter provision, ordinance, or
resolution of the *taxing district, has signed the checks or
warrants, but before the legislative body has acted to approve
the claims. The legislative body may stipulate that certain
kinds or amounts of claims shall not be paid before the
board has reviewed the supporting documentation and
approved the issue of checks or warrants in payment of those
claims. However, all of the following conditions shall be
met before the payment:
(1) The auditing officer and the officer designated to
sign the checks or warrants shall each be required to furnish
an official bond for the faithful discharge of his or her duties
in an amount determined by the legislative body but not less
than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring,
purchasing, and disbursing policies that implement effective
internal control;
(3) The legislative body shall provide for its review of
the documentation supporting claims paid and for its
approval of all checks or warrants issued in payment of
claims at its next regularly scheduled public meeting or, for
cities and towns, at a regularly scheduled public meeting
within one month of issuance; and
(4) The legislative body shall require that if, upon
review, it disapproves some claims, the auditing officer and
the officer designated to sign the checks or warrants shall
jointly cause the disapproved claims to be recognized as
receivables of the *taxing district and to pursue collection
diligently until the amounts disapproved are collected or
until the legislative body is satisfied and approves the claims.
[1994 c 273 § 18; 1984 c 128 § 11.]
*Reviser’s note: "Taxing district" redesignated "local government"
by 1995 c 301 § 15.
Chapter 42.26
AGENCY VENDOR PAYMENT REVOLVING
FUND—PETTY CASH ACCOUNTS
Sections
42.26.010
42.26.020
42.26.030
42.26.040
42.26.050
42.26.060
42.26.070
42.26.080
42.26.090
42.26.900
Agency vendor payment revolving fund—Created—Use.
Disbursements—Deposits to cover.
Regulations.
Petty cash accounts—Authorized—Advancements.
Request for petty cash advancement—Approval.
Restrictions on use of petty cash account—Expenditures—
Reimbursement.
Custodian of petty cash account—Bond.
Violation of petty cash account requirements.
Regulations for petty cash and accounts.
Effective date—1969 ex.s. c 60.
42.26.010 Agency vendor payment revolving fund—
Created—Use. An agency vendor payment revolving fund
is hereby created in the state treasury. This fund is to be
used for payment for services rendered or materials furnished to the state, which are properly payable from funds
(2002 Ed.)
Agency Vendor Payment Revolving Fund—Petty Cash Accounts
other than those appropriated from the state treasury:
PROVIDED, That the use of this revolving fund by a state
agency shall be optional: AND PROVIDED FURTHER,
That payment of salaries and wages shall be subject to the
provisions of chapter 42.16 RCW. [1969 ex.s. c 60 § 1.]
42.26.020 Disbursements—Deposits to cover. The
amount to be disbursed from the vendor payment revolving
fund on behalf of an agency electing to utilize such fund
shall be deposited therein by the agency on or before the day
prior to scheduled disbursement. The deposit shall be made
from funds held by the agency outside the state treasury
pursuant to law and which are properly chargeable for the
disbursement. Disbursements from the revolving fund created by this chapter shall be by warrant in accordance with
the provisions of RCW 43.88.160. [1969 ex.s. c 60 § 2.]
42.26.010
close of each month and such other times as may be necessary. [1969 ex.s. c 60 § 6.]
42.26.070 Custodian of petty cash account—Bond.
The head of the agency or an employee designated by him
shall have full responsibility as custodian for the petty cash
account and its proper use under this chapter and applicable
regulations of the director of financial management. The
custodian of the petty cash account shall be covered by a
surety bond in the full amount of the account at all times
and all advances to it, conditioned upon the proper accounting for and legal expenditure of all such funds, in addition
to other conditions required by law. [1979 c 151 § 77; 1969
ex.s. c 60 § 7.]
42.26.030 Regulations. The director of financial
management shall adopt such regulations as may be necessary or desirable to implement the provisions of this chapter
relating to the establishment of an agency vendor payment
revolving fund. [1979 c 151 § 74; 1969 ex.s. c 60 § 3.]
42.26.040 Petty cash accounts—Authorized—
Advancements. The state treasurer is authorized to advance
moneys from treasury funds to state agencies for the purpose
of establishing petty cash accounts. Any agency may
petition the office of financial management for the establishment of a petty cash account. The maximum amount of
such accounts shall be based on the special needs of the
petitioning agency and shall be subject to approval by the
office of financial management. The amount so advanced
shall be reflected in the state treasurer’s accounts as an
amount due from the agency to the fund or account from
which the advance was made. [1979 c 151 § 75; 1977 c 40
§ 1; 1969 ex.s. c 60 § 4.]
42.26.080 Violation of petty cash account requirements. If a post audit by the state auditor discloses the
amount of the petty cash account of any agency under this
chapter to be excessive or the use of the account to be in
violation of requirements governing its operation, the director
of financial management may require the return of the
account or of the excessive amount to the state treasury for
credit to the fund from which the advance was made. [1979
c 151 § 78; 1969 ex.s. c 60 § 8.]
42.26.090 Regulations for petty cash and accounts.
The director of financial management shall adopt such
regulations as may be necessary or desirable to implement
the provisions of this chapter. Such regulation shall include
but not be limited to, (1) defining limitations on the use of
petty cash, and (2) providing accounting and reporting
procedures for operation of the petty cash account. [1979 c
151 § 79; 1969 ex.s. c 60 § 9.]
42.26.050 Request for petty cash advancement—
Approval. The agency requesting a petty cash account or
an increase in the amount of petty cash advanced under the
provisions of this chapter shall submit its request to the
director of financial management in the form and detail
prescribed by him. The agency’s written request and the
approval authorized by this chapter shall be the only documentation or certification required as a condition precedent
to the issuance of such warrant. A copy of his approval
shall be forwarded by the director of financial management
to the state treasurer. [1979 c 151 § 76; 1969 ex.s. c 60 §
5.]
42.26.060 Restrictions on use of petty cash account—Expenditures—Reimbursement. The use of the
petty cash account shall be restricted to miscellaneous petty
or emergency expenditures, refunds legally payable by an
agency, and for cash change to be used in the transaction of
the agency’s official business. All expenditures made from
petty cash shall be charged to an existing appropriation for
such purpose, except expenditures chargeable against funds
for which no appropriation is required by law. All expenditures or refunds made from petty cash shall be reimbursed
out of and charged to the proper appropriation or fund at the
(2002 Ed.)
42.26.900 Effective date—1969 ex.s. c 60. This
chapter shall take effect July 1, 1969. [1969 ex.s. c 60 §
12.]
Chapter 42.30
OPEN PUBLIC MEETINGS ACT
Sections
42.30.010
42.30.020
42.30.030
42.30.040
42.30.050
42.30.060
42.30.070
42.30.075
42.30.080
42.30.090
42.30.100
42.30.110
42.30.120
42.30.130
42.30.140
42.30.200
42.30.210
42.30.900
Legislative declaration.
Definitions.
Meetings declared open and public.
Conditions to attendance not to be required.
Interruptions—Procedure.
Ordinances, rules, resolutions, regulations, etc., adopted at
public meetings—Notice—Secret voting prohibited.
Times and places for meetings—Emergencies—Exception.
Schedule of regular meetings—Publication in state register—
Notice of change—"Regular" meetings defined.
Special meetings.
Adjournments.
Continuances.
Executive sessions.
Violations—Personal liability—Penalty—Attorney fees and
costs.
Violations—Mandamus or injunction.
Chapter controlling—Application.
Governing body of recognized student association at college
or university—Chapter applicability to.
Assistance by attorney general.
Short title.
[Title 42 RCW—page 61]
Chapter 42.30
Title 42 RCW: Public Officers and Agencies
42.30.910 Construction—1971 ex.s. c 250.
42.30.920 Severability—1971 ex.s. c 250.
Drug reimbursement policy recommendations: RCW 43.20A.365.
42.30.010 Legislative declaration. The legislature
finds and declares that all public commissions, boards,
councils, committees, subcommittees, departments, divisions,
offices, and all other public agencies of this state and
subdivisions thereof exist to aid in the conduct of the
people’s business. It is the intent of this chapter that their
actions be taken openly and that their deliberations be
conducted openly.
The people of this state do not yield their sovereignty to
the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to decide
what is good for the people to know and what is not good
for them to know. The people insist on remaining informed
so that they may retain control over the instruments they
have created. [1971 ex.s. c 250 § 1.]
Reviser’s note: Throughout this chapter, the phrases "this act" and
"this 1971 amendatory act" have been changed to "this chapter." "This act"
[1971 ex.s. c 250] consists of this chapter, the amendment to RCW
34.04.025, and the repeal of RCW 42.32.010 and 42.32.020.
42.30.020 Definitions. As used in this chapter unless
the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency which is
created by or pursuant to statute, other than courts and the
legislature;
(b) Any county, city, school district, special purpose
district, or other municipal corporation or political subdivision of the state of Washington;
(c) Any subagency of a public agency which is created
by or pursuant to statute, ordinance, or other legislative act,
including but not limited to planning commissions, library or
park boards, commissions, and agencies;
(d) Any policy group whose membership includes
representatives of publicly owned utilities formed by or
pursuant to the laws of this state when meeting together as
or on behalf of participants who have contracted for the
output of generating plants being planned or built by an
operating agency.
(2) "Governing body" means the multimember board,
commission, committee, council, or other policy or rulemaking body of a public agency, or any committee thereof
when the committee acts on behalf of the governing body,
conducts hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official
business of a public agency by a governing body including
but not limited to receipt of public testimony, deliberations,
discussions, considerations, reviews, evaluations, and final
actions. "Final action" means a collective positive or
negative decision, or an actual vote by a majority of the
members of a governing body when sitting as a body or
entity, upon a motion, proposal, resolution, order, or ordinance.
(4) "Meeting" means meetings at which action is taken.
[1985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10;
1971 ex.s. c 250 § 2.]
[Title 42 RCW—page 62]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
42.30.030 Meetings declared open and public. All
meetings of the governing body of a public agency shall be
open and public and all persons shall be permitted to attend
any meeting of the governing body of a public agency,
except as otherwise provided in this chapter. [1971 ex.s. c
250 § 3.]
42.30.040 Conditions to attendance not to be
required. A member of the public shall not be required, as
a condition to attendance at a meeting of a governing body,
to register his name and other information, to complete a
questionnaire, or otherwise to fulfill any condition precedent
to his attendance. [1971 ex.s. c 250 § 4.]
42.30.050 Interruptions—Procedure. In the event
that any meeting is interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of
individuals who are interrupting the meeting, the members
of the governing body conducting the meeting may order the
meeting room cleared and continue in session or may
adjourn the meeting and reconvene at another location
selected by majority vote of the members. In such a session,
final disposition may be taken only on matters appearing on
the agenda. Representatives of the press or other news
media, except those participating in the disturbance, shall be
allowed to attend any session held pursuant to this section.
Nothing in this section shall prohibit the governing body
from establishing a procedure for readmitting an individual
or individuals not responsible for disturbing the orderly
conduct of the meeting. [1971 ex.s. c 250 § 5.]
42.30.060 Ordinances, rules, resolutions, regulations, etc., adopted at public meetings—Notice—Secret
voting prohibited. (1) No governing body of a public
agency shall adopt any ordinance, resolution, rule, regulation,
order, or directive, except in a meeting open to the public
and then only at a meeting, the date of which is fixed by law
or rule, or at a meeting of which notice has been given
according to the provisions of this chapter. Any action taken
at meetings failing to comply with the provisions of this
subsection shall be null and void.
(2) No governing body of a public agency at any
meeting required to be open to the public shall vote by
secret ballot. Any vote taken in violation of this subsection
shall be null and void, and shall be considered an "action"
under this chapter. [1989 c 42 § 1; 1971 ex.s. c 250 § 6.]
42.30.070 Times and places for meetings—
Emergencies—Exception. The governing body of a public
agency shall provide the time for holding regular meetings
by ordinance, resolution, bylaws, or by whatever other rule
is required for the conduct of business by that body. Unless
otherwise provided for in the act under which the public
agency was formed, meetings of the governing body need
not be held within the boundaries of the territory over which
the public agency exercises jurisdiction. If at any time any
regular meeting falls on a holiday, such regular meeting shall
(2002 Ed.)
Open Public Meetings Act
be held on the next business day. If, by reason of fire,
flood, earthquake, or other emergency, there is a need for
expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide
for a meeting site other than the regular meeting site and the
notice requirements of this chapter shall be suspended during
such emergency. It shall not be a violation of the requirements of this chapter for a majority of the members of a
governing body to travel together or gather for purposes
other than a regular meeting or a special meeting as these
terms are used in this chapter: PROVIDED, That they take
no action as defined in this chapter. [1983 c 155 § 2; 1973
c 66 § 1; 1971 ex.s. c 250 § 7.]
42.30.075 Schedule of regular meetings—
Publication in state register—Notice of change—
"Regular" meetings defined. State agencies which hold
regular meetings shall file with the code reviser a schedule
of the time and place of such meetings on or before January
of each year for publication in the Washington state register.
Notice of any change from such meeting schedule shall be
published in the state register for distribution at least twenty
days prior to the rescheduled meeting date.
For the purposes of this section "regular" meetings shall
mean recurring meetings held in accordance with a periodic
schedule declared by statute or rule. [1977 ex.s. c 240 §
12.]
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
Public meeting notices in state register: RCW 34.08.020.
42.30.080 Special meetings. A special meeting may
be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members
of the governing body by delivering personally or by mail
written notice to each member of the governing body; and to
each local newspaper of general circulation and to each local
radio or television station which has on file with the governing body a written request to be notified of such special
meeting or of all special meetings. Such notice must be
delivered personally or by mail at least twenty-four hours
before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the
special meeting and the business to be transacted. Final
disposition shall not be taken on any other matter at such
meetings by the governing body. Such written notice may
be dispensed with as to any member who at or prior to the
time the meeting convenes files with the clerk or secretary
of the governing body a written waiver of notice. Such
waiver may be given by telegram. Such written notice may
also be dispensed with as to any member who is actually
present at the meeting at the time it convenes. The notices
provided in this section may be dispensed with in the event
a special meeting is called to deal with an emergency
involving injury or damage to persons or property or the
likelihood of such injury or damage, when time requirements
of such notice would make notice impractical and increase
the likelihood of such injury or damage. [1971 ex.s. c 250
§ 8.]
(2002 Ed.)
42.30.070
42.30.090 Adjournments. The governing body of a
public agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place
specified in the order of adjournment. Less than a quorum
may so adjourn from time to time. If all members are
absent from any regular or adjourned regular meeting the
clerk or secretary of the governing body may declare the
meeting adjourned to a stated time and place. He shall
cause a written notice of the adjournment to be given in the
same manner as provided in RCW 42.30.080 for special
meetings, unless such notice is waived as provided for
special meetings. Whenever any meeting is adjourned a
copy of the order or notice of adjournment shall be conspicuously posted immediately after the time of the adjournment
on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held.
When a regular or adjourned regular meeting is adjourned as
provided in this section, the resulting adjourned regular
meeting is a regular meeting for all purposes. When an
order of adjournment of any meeting fails to state the hour
at which the adjourned meeting is to be held, it shall be held
at the hour specified for regular meetings by ordinance,
resolution, bylaw, or other rule. [1971 ex.s. c 250 § 9.]
42.30.100 Continuances. Any hearing being held,
noticed, or ordered to be held by a governing body at any
meeting may by order or notice of continuance be continued
or recontinued to any subsequent meeting of the governing
body in the same manner and to the same extent set forth in
RCW 42.30.090 for the adjournment of meetings. [1971
ex.s. c 250 § 10.]
42.30.110 Executive sessions. (1) Nothing contained
in this chapter may be construed to prevent a governing
body from holding an executive session during a regular or
special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge
regarding such consideration would cause a likelihood of
increased price;
(c) To consider the minimum price at which real estate
will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of
decreased price. However, final action selling or leasing
public property shall be taken in a meeting open to the
public;
(d) To review negotiations on the performance of
publicly bid contracts when public knowledge regarding such
consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading
company, financial and commercial information supplied by
private persons to the export trading company;
(f) To receive and evaluate complaints or charges
brought against a public officer or employee. However,
upon the request of such officer or employee, a public
hearing or a meeting open to the public shall be conducted
upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for
public employment or to review the performance of a public
employee. However, subject to RCW 42.30.140(4), discus[Title 42 RCW—page 63]
42.30.110
Title 42 RCW: Public Officers and Agencies
sion by a governing body of salaries, wages, and other
conditions of employment to be generally applied within the
agency shall occur in a meeting open to the public, and
when a governing body elects to take final action hiring,
setting the salary of an individual employee or class of
employees, or discharging or disciplining an employee, that
action shall be taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for
appointment to elective office. However, any interview of
such candidate and final action appointing a candidate to
elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency
matters relating to agency enforcement actions, or to discuss
with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to
become, a party, when public knowledge regarding the
discussion is likely to result in an adverse legal or financial
consequence to the agency.
This subsection (1)(i) does not permit a governing body
to hold an executive session solely because an attorney
representing the agency is present. For purposes of this
subsection (1)(i), "potential litigation" means matters
protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that has been specifically threatened to
which the agency, the governing body, or a member acting
in an official capacity is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may
be commenced by or against the agency, the governing body,
or a member acting in an official capacity; or
(C) Litigation or legal risks of a proposed action or
current practice that the agency has identified when public
discussion of the litigation or legal risks is likely to result in
an adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices,
products, equipment, and services, when such discussion
would be likely to adversely affect the network’s ability to
conduct business in a competitive economic climate.
However, final action on these matters shall be taken in a
meeting open to the public;
(k) To consider, in the case of the state investment
board, financial and commercial information when the
information relates to the investment of public trust or
retirement funds and when public knowledge regarding the
discussion would result in loss to such funds or in private
loss to the providers of this information.
(2) Before convening in executive session, the presiding
officer of a governing body shall publicly announce the
purpose for excluding the public from the meeting place, and
the time when the executive session will be concluded. The
executive session may be extended to a stated later time by
announcement of the presiding officer. [2001 c 216 § 1;
1989 c 238 § 2; 1987 c 389 § 3; 1986 c 276 § 8; 1985 c 366
§ 2; 1983 c 155 § 3; 1979 c 42 § 1; 1973 c 66 § 2; 1971
ex.s. c 250 § 11.]
Severability—Effective date—1987 c 389: See notes following
RCW 41.06.070.
Severability—1986 c 276: See RCW 53.31.901.
42.30.120 Violations—Personal liability—Penalty—
Attorney fees and costs. (1) Each member of the governing
body who attends a meeting of such governing body where
action is taken in violation of any provision of this chapter
applicable to him, with knowledge of the fact that the
meeting is in violation thereof, shall be subject to personal
liability in the form of a civil penalty in the amount of one
hundred dollars. The civil penalty shall be assessed by a
judge of the superior court and an action to enforce this
penalty may be brought by any person. A violation of this
chapter does not constitute a crime and assessment of the
civil penalty by a judge shall not give rise to any disability
or legal disadvantage based on conviction of a criminal
offense.
(2) Any person who prevails against a public agency in
any action in the courts for a violation of this chapter shall
be awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. Pursuant to
RCW 4.84.185, any public agency who prevails in any
action in the courts for a violation of this chapter may be
awarded reasonable expenses and attorney fees upon final
judgment and written findings by the trial judge that the
action was frivolous and advanced without reasonable cause.
[1985 c 69 § 1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.]
42.30.130 Violations—Mandamus or injunction.
Any person may commence an action either by mandamus
or injunction for the purpose of stopping violations or
preventing threatened violations of this chapter by members
of a governing body. [1971 ex.s. c 250 § 13.]
42.30.140 Chapter controlling—Application. If any
provision of this chapter conflicts with the provisions of any
other statute, the provisions of this chapter shall control:
PROVIDED, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issuance
of an order granting, suspending, revoking, or denying any
license, permit, or certificate to engage in any business,
occupation, or profession or to any disciplinary proceedings
involving a member of such business, occupation, or profession, or to receive a license for a sports activity or to
operate any mechanical device or motor vehicle where a
license or registration is necessary; or
(2) That portion of a meeting of a quasi-judicial body
which relates to a quasi-judicial matter between named
parties as distinguished from a matter having general effect
on the public or on a class or group; or
(3) Matters governed by chapter 34.05 RCW, the
Administrative Procedure Act; or
(4)(a) Collective bargaining sessions with employee
organizations, including contract negotiations, grievance
meetings, and discussions relating to the interpretation or
application of a labor agreement; or (b) that portion of a
meeting during which the governing body is planning or
adopting the strategy or position to be taken by the governing body during the course of any collective bargaining,
professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or
proceedings while in progress. [1990 c 98 § 1; 1989 c 175
§ 94; 1973 c 66 § 4; 1971 ex.s. c 250 § 14.]
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 42 RCW—page 64]
(2002 Ed.)
Open Public Meetings Act
Drug reimbursement policy recommendations: RCW 43.20A.365.
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
42.30.200 Governing body of recognized student
association at college or university—Chapter applicability
to. The multimember student board which is the governing
body of the recognized student association at a given campus
of a public institution of higher education is hereby declared
to be subject to the provisions of the open public meetings
act as contained in this chapter, as now or hereafter amended. For the purposes of this section, "recognized student
association" shall mean any body at any of the state’s
colleges and universities which selects officers through a
process approved by the student body and which represents
the interests of students. Any such body so selected shall be
recognized by and registered with the respective boards of
trustees and regents of the state’s colleges and universities:
PROVIDED, That there be no more than one such association representing undergraduate students, no more than one
such association representing graduate students, and no more
than one such association representing each group of
professional students so recognized and registered at any of
the state’s colleges or universities. [1980 c 49 § 1.]
42.30.210 Assistance by attorney general. The
attorney general’s office may provide information, technical
assistance, and training on the provisions of this chapter.
[2001 c 216 § 2.]
42.30.900 Short title. This chapter may be cited as
the "Open Public Meetings Act of 1971". [1971 ex.s. c 250
§ 16.]
42.30.910 Construction—1971 ex.s. c 250. The
purposes of this chapter are hereby declared remedial and
shall be liberally construed. [1971 ex.s. c 250 § 18.]
42.30.920 Severability—1971 ex.s. c 250. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 250 § 19.]
Chapter 42.32
MEETINGS
Sections
42.32.030 Minutes.
Drug reimbursement policy recommendations: RCW 43.20A.365.
Open Public Meetings Act: Chapter 42.30 RCW.
42.32.030 Minutes. The minutes of all regular and
special meetings except executive sessions of such boards,
commissions, agencies or authorities shall be promptly
recorded and such records shall be open to public inspection.
[1953 c 216 § 3.]
Reviser’s note: RCW 42.32.010 and 42.32.020 were repealed by
1971 ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
(2002 Ed.)
42.30.140
Chapter 42.36
APPEARANCE OF FAIRNESS
DOCTRINE—LIMITATIONS
Sections
42.36.010
42.36.020
42.36.030
42.36.040
42.36.050
42.36.060
42.36.070
42.36.080
42.36.090
42.36.100
42.36.110
42.36.900
Local land use decisions.
Members of local decision-making bodies.
Legislative action of local executive or legislative officials.
Public discussion by candidate for public office.
Campaign contributions.
Quasi-judicial proceedings—Ex parte communications prohibited, exceptions.
Quasi-judicial proceedings—Prior advisory proceedings.
Disqualification based on doctrine—Time limitation for
raising challenge.
Participation of challenged member of decision-making
body.
Judicial restriction of doctrine not prohibited—Construction
of chapter.
Right to fair hearing not impaired.
Severability—1982 c 229.
42.36.010 Local land use decisions. Application of
the appearance of fairness doctrine to local land use decisions shall be limited to the quasi-judicial actions of local
decision-making bodies as defined in this section. Quasijudicial actions of local decision-making bodies are those
actions of the legislative body, planning commission, hearing
examiner, zoning adjuster, board of adjustment, or boards
which determine the legal rights, duties, or privileges of
specific parties in a hearing or other contested case proceeding. Quasi-judicial actions do not include the legislative
actions adopting, amending, or revising comprehensive,
community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of
area-wide significance. [1982 c 229 § 1.]
42.36.020 Members of local decision-making bodies.
No member of a local decision-making body may be
disqualified by the appearance of fairness doctrine for
conducting the business of his or her office with any
constituent on any matter other than a quasi-judicial action
then pending before the local legislative body. [1982 c 229
§ 2.]
42.36.030 Legislative action of local executive or
legislative officials. No legislative action taken by a local
legislative body, its members, or local executive officials
shall be invalidated by an application of the appearance of
fairness doctrine. [1982 c 229 § 3.]
42.36.040 Public discussion by candidate for public
office. Prior to declaring as a candidate for public office or
while campaigning for public office as defined by *RCW
42.17.020 (5) and (25) no public discussion or expression of
an opinion by a person subsequently elected to a public
office, on any pending or proposed quasi-judicial actions,
shall be a violation of the appearance of fairness doctrine.
[1982 c 229 § 4.]
*Reviser’s note: RCW 42.17.020 was amended by 1991 sp.s. c 18
§ 1, changing subsection (25) to subsection (26). RCW 42.17.020 was
subsequently amended by 1995 c 397 § 1, changing subsections (5) and (26)
to subsections (8) and (35), respectively.
[Title 42 RCW—page 65]
42.36.050
Title 42 RCW: Public Officers and Agencies
42.36.050 Campaign contributions. A candidate for
public office who complies with all provisions of applicable
public disclosure and ethics laws shall not be limited from
accepting campaign contributions to finance the campaign,
including outstanding debts; nor shall it be a violation of the
appearance of fairness doctrine to accept such campaign
contributions. [1982 c 229 § 5.]
Public disclosure of campaign finances: Chapter 42.17 RCW.
42.36.060 Quasi-judicial proceedings—Ex parte
communications prohibited, exceptions. During the
pendency of any quasi-judicial proceeding, no member of a
decision-making body may engage in ex parte communications with opponents or proponents with respect to the
proposal which is the subject of the proceeding unless that
person:
(1) Places on the record the substance of any written or
oral ex parte communications concerning the decision of
action; and
(2) Provides that a public announcement of the content
of the communication and of the parties’ rights to rebut the
substance of the communication shall be made at each
hearing where action is considered or taken on the subject to
which the communication related. This prohibition does not
preclude a member of a decision-making body from seeking
in a public hearing specific information or data from such
parties relative to the decision if both the request and the
results are a part of the record. Nor does such prohibition
preclude correspondence between a citizen and his or her
elected official if any such correspondence is made a part of
the record when it pertains to the subject matter of a quasijudicial proceeding. [1984 c 191 § 1; 1982 c 229 § 6.]
reason of violation of the appearance of fairness doctrine.
[1982 c 229 § 9.]
42.36.100 Judicial restriction of doctrine not
prohibited—Construction of chapter. Nothing in this
chapter prohibits the restriction or elimination of the appearance of fairness doctrine by the appellate courts. Nothing in
this chapter may be construed to expand the appearance of
fairness doctrine. [1982 c 229 § 10.]
42.36.110 Right to fair hearing not impaired.
Nothing in this chapter prohibits challenges to local land use
decisions where actual violations of an individual’s right to
a fair hearing can be demonstrated. [1982 c 229 § 11.]
42.36.900 Severability—1982 c 229. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 229 § 12.]
Chapter 42.40
STATE EMPLOYEE
WHISTLEBLOWER PROTECTION
Sections
42.40.010
42.40.020
42.40.030
42.40.035
42.40.040
Policy.
Definitions.
Right to disclose improper governmental actions—
Interference prohibited.
Duty of correctness—Penalties for false information.
Report of improper governmental action—Investigations and
reports by auditor, agency.
Retaliatory action against whistleblower—Remedies.
Summary of chapter available to employees.
Contracting for assistance.
Administrative costs.
Assertions against auditor.
Performance audit.
Severability—1982 c 208.
Application of chapter.
42.36.070 Quasi-judicial proceedings—Prior
advisory proceedings. Participation by a member of a
decision-making body in earlier proceedings that result in an
advisory recommendation to a decision-making body shall
not disqualify that person from participating in any subsequent quasi-judicial proceeding. [1982 c 229 § 7.]
42.40.050
42.40.070
42.40.080
42.40.090
42.40.100
42.40.110
42.40.900
42.40.910
42.36.080 Disqualification based on doctrine—Time
limitation for raising challenge. Anyone seeking to rely on
the appearance of fairness doctrine to disqualify a member
of a decision-making body from participating in a decision
must raise the challenge as soon as the basis for disqualification is made known to the individual. Where the basis is
known or should reasonably have been known prior to the
issuance of a decision and is not raised, it may not be relied
on to invalidate the decision. [1982 c 229 § 8.]
42.40.010 Policy. It is the policy of the legislature
that employees should be encouraged to disclose, to the
extent not expressly prohibited by law, improper governmental actions, and it is the intent of the legislature to protect the
rights of state employees making these disclosures. It is also
the policy of the legislature that employees should be
encouraged to identify rules warranting review or provide
information to the rules review committee, and it is the
intent of the legislature to protect the rights of these employees. [1995 c 403 § 508; 1982 c 208 § 1.]
42.36.090 Participation of challenged member of
decision-making body. In the event of a challenge to a
member or members of a decision-making body which
would cause a lack of a quorum or would result in a failure
to obtain a majority vote as required by law, any such
challenged member(s) shall be permitted to fully participate
in the proceeding and vote as though the challenge had not
occurred, if the member or members publicly disclose the
basis for disqualification prior to rendering a decision. Such
participation shall not subject the decision to a challenge by
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
[Title 42 RCW—page 66]
42.40.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings
indicated unless the context clearly requires otherwise.
(1) "Auditor" means the office of the state auditor.
(2002 Ed.)
State Employee Whistleblower Protection
(2) "Employee" means any individual employed or
holding office in any department or agency of state government.
(3) "Good faith" means a reasonable basis in fact for the
communication. "Good faith" is lacking when the employee
knows or reasonably ought to know that the report is
malicious, false, or frivolous.
(4) "Gross waste of funds" means to spend or use funds
or to allow funds to be used without valuable result in a
manner grossly deviating from the standard of care or
competence that a reasonable person would observe in the
same situation.
(5)(a) "Improper governmental action" means any action
by an employee undertaken in the performance of the
employee’s official duties:
(i) Which is [a] gross waste of public funds or resources
as defined in this section;
(ii) Which is in violation of federal or state law or rule,
if the violation is not merely technical or of a minimum
nature; or
(iii) Which is of substantial and specific danger to the
public health or safety.
(b) "Improper governmental action" does not include
personnel actions, for which other remedies exist, including
but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments,
reinstatements, restorations, reemployments, performance
evaluations, reductions in pay, dismissals, suspensions,
demotions, violations of the state civil service law, alleged
labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under
chapter 41.06 RCW, or other disciplinary action except as
provided in RCW 42.40.030.
(6) "Substantial and specific danger" means a risk of
serious injury, illness, peril, or loss, to which the exposure
of the public is a gross deviation from the standard of care
or competence which a reasonable person would observe in
the same situation.
(7) "Use of official authority or influence" includes
taking, directing others to take, recommending, processing,
or approving any personnel action such as an appointment,
promotion, transfer, assignment, reassignment, reinstatement,
restoration, reemployment, performance evaluation, or any
adverse action under chapter 41.06 RCW, or other disciplinary action.
(8) "Whistleblower" means an employee who in good
faith reports alleged improper governmental action to the
auditor, initiating an investigation under RCW 42.40.040.
For purposes of the provisions of this chapter and chapter
49.60 RCW relating to reprisals and retaliatory action, the
term "whistleblower" also means: (a) An employee who in
good faith provides information to the auditor in connection
with an investigation under RCW 42.40.040 and an employee who is believed to have reported asserted improper
governmental action to the auditor or to have provided
information to the auditor in connection with an investigation
under RCW 42.40.040 but who, in fact, has not reported
such action or provided such information; or (b) an employee who in good faith identifies rules warranting review or
provides information to the rules review committee, and an
employee who is believed to have identified rules warranting
review or provided information to the rules review commit(2002 Ed.)
42.40.020
tee but who, in fact, has not done so. [1999 c 361 § 1; 1995
c 403 § 509; 1992 c 118 § 1; 1989 c 284 § 1; 1982 c 208 §
2.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
42.40.030 Right to disclose improper governmental
actions—Interference prohibited. (1) An employee shall
not directly or indirectly use or attempt to use the
employee’s official authority or influence for the purpose of
intimidating, threatening, coercing, commanding, influencing,
or attempting to intimidate, threaten, coerce, command, or
influence any individual for the purpose of interfering with
the right of the individual to: (a) Disclose to the auditor (or
representative thereof) information concerning improper
governmental action; or (b) identify rules warranting review
or provide information to the rules review committee.
(2) Nothing in this section authorizes an individual to
disclose information otherwise prohibited by law. [1995 c
403 § 510; 1989 c 284 § 2; 1982 c 208 § 3.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
42.40.035 Duty of correctness—Penalties for false
information. An employee must make a reasonable attempt
to ascertain the correctness of the information furnished and
may be subject to disciplinary actions, including, but not
limited to, suspension or termination, for knowingly furnishing false information as determined by the employee’s
appointing authority. [1999 c 361 § 2.]
42.40.040 Report of improper governmental
action—Investigations and reports by auditor, agency.
(1)(a) In order to be investigated, an assertion of improper
governmental action must be provided to the auditor within
one year after the occurrence of the asserted improper
governmental action.
(b) The auditor has the authority to determine whether
to investigate any assertions received. In determining
whether to conduct either a preliminary or further investigation, the auditor shall consider factors including, but not
limited to: The nature and quality of evidence and the existence of relevant laws and rules; whether the action was
isolated or systematic; the history of previous assertions
regarding the same subject or subjects or subject matter;
whether other avenues are available for addressing the
matter; whether the matter has already been investigated or
is in litigation; the seriousness or significance of the asserted
improper governmental action; and the cost and benefit of
the investigation. The auditor has the sole discretion to
determine the priority and weight given to these and other
relevant factors and to decide whether a matter is to be
investigated. The auditor shall document the factors considered and the analysis applied.
(c) The auditor also has the authority to investigate
assertions of improper governmental actions as part of an
audit conducted under chapter 43.09 RCW. The auditor
[Title 42 RCW—page 67]
42.40.040
Title 42 RCW: Public Officers and Agencies
shall document the reasons for handling the matter as part of
such an audit.
(2) Subject to subsection (5)(c) of this section, the
identity of a whistleblower is confidential at all times unless
the whistleblower consents to disclosure by written waiver
or by acknowledging his or her identity in a claim against
the state for retaliation.
(3) Upon receiving specific information that an employee has engaged in improper governmental action, the auditor
shall, within five working days of receipt of the information,
mail written acknowledgement to the whistleblower at the
address provided stating whether a preliminary investigation
will be conducted. For a period not to exceed thirty working
days from receipt of the assertion, the auditor shall conduct
such preliminary investigation of the matter as the auditor
deems appropriate.
(4) In addition to the authority under subsection (3) of
this section, the auditor may, on its own initiative, investigate incidents of improper state governmental action.
(5)(a) If it appears to the auditor, upon completion of
the preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the
whistleblower.
(b) The written notification shall contain a summary of
the information received and of the results of the preliminary
investigation with regard to each assertion of improper
governmental action.
(c) In any case to which this section applies, the identity
of the whistleblower shall be kept confidential unless the
auditor determines that the information has been provided
other than in good faith.
(d) With the agency’s consent, the auditor may forward
the assertions to an appropriate agency to investigate and
report back to the auditor no later than sixty working days
after the assertions are received from the auditor. The auditor is entitled to all investigative records resulting from such
a referral. All procedural and confidentiality provisions of
this chapter apply to investigations conducted under this
subsection. The auditor shall document the reasons the
assertions were referred.
(6) During the preliminary investigation, the auditor
shall provide written notification of the nature of the
assertions to the subject or subjects of the investigation and
the agency head. The notification shall include the relevant
facts and laws known at the time and the procedure for the
subject or subjects of the investigation and the agency head
to respond to the assertions and information obtained during
the investigation. This notification does not limit the auditor
from considering additional facts or laws which become
known during further investigation.
(7)(a) If it appears to the auditor after completion of the
preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall
so notify the whistleblower, the subject or subjects of the
investigation, and the agency head and either conduct a
further investigation or issue a report under subsection (10)
of this section.
(b) If the preliminary investigation resulted from an
anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel
convened as necessary by the auditor prior to the commence[Title 42 RCW—page 68]
ment of any additional investigation. The panel shall include
a state auditor representative knowledgeable of the subject
agency operations, a citizen volunteer, and a representative
of the attorney general’s office. This group shall be briefed
on the preliminary investigation and shall recommend
whether the auditor should proceed with further investigation.
(c) If further investigation is to occur, the auditor shall
provide written notification of the nature of the assertions to
the subject or subjects of the investigation and the agency
head. The notification shall include the relevant facts known
at the time and the procedure to be used by the subject or
subjects of the investigation and the agency head to respond
to the assertions and information obtained during the investigation.
(8) Within sixty working days after the preliminary
investigation period in subsection (3) of this section, the
auditor shall complete the investigation and report its
findings to the whistleblower unless written justification for
the delay is furnished to the whistleblower, agency head, and
subject or subjects of the investigation. In all such cases, the
report of the auditor’s investigation and findings shall be
sent to the whistleblower within one year after the information was filed under subsection (3) of this section.
(9)(a) At any stage of an investigation under this section
the auditor may require by subpoena the attendance and
testimony of witnesses and the production of documentary or
other evidence relating to the investigation at any designated
place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the
case of contumacy or failure to obey a subpoena, the
superior court for the county in which the person to whom
the subpoena is addressed resides or is served may issue an
order requiring the person to appear at any designated place
to testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt thereof.
(b) The auditor may order the taking of depositions at
any stage of a proceeding or investigation under this chapter.
Depositions shall be taken before an individual designated by
the auditor and having the power to administer oaths.
Testimony shall be reduced to writing by or under the
direction of the individual taking the deposition and shall be
subscribed by the deponent.
(c) Agencies shall cooperate fully in the investigation
and shall take appropriate action to preclude the destruction
of any evidence during the course of the investigation.
(d) During the investigation the auditor shall interview
each subject of the investigation. If it is determined there is
reasonable cause to believe improper governmental action
has occurred, the subject or subjects and the agency head
shall be given fifteen working days to respond to the
assertions prior to the issuance of the final report.
(10)(a) If the auditor determines there is reasonable
cause to believe an employee has engaged in improper
governmental action, the auditor shall report the nature and
details of the activity to:
(i) The subject or subjects of the investigation and the
head of the employing agency; and
(ii) If appropriate, the attorney general or such other authority as the auditor determines appropriate.
(2002 Ed.)
State Employee Whistleblower Protection
(b) The auditor has no enforcement power except
that in any case in which the auditor submits an investigative
report containing reasonable cause determinations to the
agency, the agency shall send its plan for resolution to the
auditor within fifteen working days of having received the
report. The agency is encouraged to consult with the subject
or subjects of the investigation in establishing the resolution
plan. The auditor may require periodic reports of agency
action until all resolution has occurred. If the auditor determines that appropriate action has not been taken, the auditor
shall report the determination to the governor and to the
legislature and may include this determination in the agency
audit under chapter 43.09 RCW.
(11) Once the auditor concludes that appropriate action
has been taken to resolve the matter, the auditor shall so
notify the whistleblower, the agency head, and the subject or
subjects of the investigation. If the resolution takes more
than one year, the auditor shall provide annual notification
of its status to the whistleblower, agency head, and subject
or subjects of the investigation.
(12) This section does not limit any authority conferred
upon the attorney general or any other agency of government
to investigate any matter. [1999 c 361 § 3; 1992 c 118 § 2;
1989 c 284 § 3; 1982 c 208 § 4.]
42.40.050
Retaliatory action against
whistleblower—Remedies. (1) Any person who is a
whistleblower, as defined in RCW 42.40.020, and who has
been subjected to workplace reprisal or retaliatory action is
presumed to have established a cause of action for the
remedies provided under chapter 49.60 RCW. For the
purpose of this section "reprisal or retaliatory action" means
but is not limited to any of the following:
(a) Denial of adequate staff to perform duties;
(b) Frequent staff changes;
(c) Frequent and undesirable office changes;
(d) Refusal to assign meaningful work;
(e) Unwarranted and unsubstantiated letters of reprimand
or unsatisfactory performance evaluations;
(f) Demotion;
(g) Reduction in pay;
(h) Denial of promotion;
(i) Suspension;
(j) Dismissal;
(k) Denial of employment;
(l) A supervisor or superior encouraging coworkers to
behave in a hostile manner toward the whistleblower; and
(m) A change in the physical location of the employee’s
workplace or a change in the basic nature of the employee’s
job, if either are in opposition to the employee’s expressed
wish.
(2) The agency presumed to have taken retaliatory
action under subsection (1) of this section may rebut that
presumption by proving by a preponderance of the evidence
that the agency action or actions were justified by reasons
unrelated to the employee’s status as a whistleblower.
(3) Nothing in this section prohibits an agency from
making any decision exercising its authority to terminate,
suspend, or discipline an employee who engages in
workplace reprisal or retaliatory action against a
whistleblower. However, the agency also shall implement
(2002 Ed.)
42.40.040
any order under chapter 49.60 RCW (other than an order of
suspension if the agency has terminated the retaliator).
[1999 c 283 § 1; 1992 c 118 § 3; 1989 c 284 § 4; 1982 c
208 § 5.]
42.40.070 Summary of chapter available to employees. A written summary of this chapter and procedures for
reporting improper governmental actions established by the
auditor’s office shall be made available by each department
or agency of state government to each employee upon
entering public employment. Employees shall be notified by
each department or agency of state government each year of
the procedures and protections under this chapter. [1989 c
284 § 5; 1982 c 208 § 7.]
42.40.080 Contracting for assistance. The auditor
has the authority to contract for any assistance necessary to
carry out the provisions of this chapter. [1999 c 361 § 4.]
42.40.090 Administrative costs. The cost of administering this chapter is funded through the auditing services
revolving account created in RCW 43.09.410. [1999 c 361
§ 5.]
42.40.100 Assertions against auditor. A
whistleblower wishing to provide information under this
chapter regarding asserted improper governmental action
against the state auditor or an employee of that office shall
provide the information to the attorney general who shall act
in place of the auditor in investigating and reporting the
matter. [1999 c 361 § 6.]
42.40.110 Performance audit. The office of financial
management shall contract for a performance audit of the
state employee whistleblower program on a cycle to be
determined by the office of financial management. The
audit shall be done in accordance with generally accepted
government auditing standards beginning with the fiscal year
ending June 30, 2001. The audit shall determine at a
minimum: Whether the program is acquiring, protecting,
and using its resources such as personnel, property, and
space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has
complied with laws and rules on matters of economy and
efficiency. The audit shall also at a minimum determine the
extent to which the desired results or benefits established by
the legislature are being achieved, the effectiveness of the
program, and whether the auditor has complied with significant laws and rules applicable to the program.
The cost of the audit is a cost of operating the program
and shall be funded by the auditing services revolving
account created by RCW 43.09.410. [1999 c 361 § 8.]
42.40.900 Severability—1982 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 208 § 14.]
[Title 42 RCW—page 69]
42.40.910
Title 42 RCW: Public Officers and Agencies
42.40.910 Application of chapter. Chapter 361,
Laws of 1999 does not affect the jurisdiction of the legislative ethics board, the executive ethics board, or the commission on judicial conduct, as set forth in chapter 42.52 RCW.
The senate, the house of representatives, and the supreme
court shall adopt policies regarding the applicability of
chapter 42.40 RCW to the senate, house of representatives,
and judicial branch. [1999 c 361 § 7.]
Chapter 42.41
LOCAL GOVERNMENT
WHISTLEBLOWER PROTECTION
Sections
42.41.010
42.41.020
42.41.030
42.41.040
42.41.045
42.41.050
42.41.060
42.41.900
42.41.901
42.41.902
Policy.
Definitions.
Right to report improper governmental action—Policies and
procedures.
Retaliatory action unlawful—Relief by whistleblower—
Penalty.
Prohibition on intimidation of whistleblower—Nondisclosure
of protected information.
Exemptions.
Local government administrative hearings account.
Construction.
Effective dates—1992 c 44.
Severability—1992 c 44.
42.41.010 Policy. It is the policy of the legislature
that local government employees should be encouraged to
disclose, to the extent not expressly prohibited by law,
improper governmental actions of local government officials
and employees. The purpose of this chapter is to protect
local government employees who make good-faith reports to
appropriate governmental bodies and to provide remedies for
such individuals who are subjected to retaliation for having
made such reports. [1992 c 44 § 1.]
42.41.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1)(a) "Improper governmental action" means any action
by a local government officer or employee:
(i) That is undertaken in the performance of the officer’s
or employee’s official duties, whether or not the action is
within the scope of the employee’s employment; and
(ii) That is in violation of any federal, state, or local law
or rule, is an abuse of authority, is of substantial and specific
danger to the public health or safety, or is a gross waste of
public funds.
(b) "Improper governmental action" does not include
personnel actions including but not limited to employee
grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations,
reemployments, performance evaluations, reductions in pay,
dismissals, suspensions, demotions, violations of the local
government collective bargaining and civil service laws,
alleged labor agreement violations, reprimands, or any action
that may be taken under chapter 41.08, 41.12, 41.14, 41.56,
41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.
(2) "Local government" means any governmental entity
other than the state, federal agencies, or an operating system
established under chapter 43.52 RCW. It includes, but is not
[Title 42 RCW—page 70]
limited to cities, counties, school districts, and special
purpose districts.
(3) "Retaliatory action" means: (a) Any adverse change
in a local government employee’s employment status, or the
terms and conditions of employment including denial of
adequate staff to perform duties, frequent staff changes,
frequent and undesirable office changes, refusal to assign
meaningful work, unwarranted and unsubstantiated letters of
reprimand or unsatisfactory performance evaluations,
demotion, transfer, reassignment, reduction in pay, denial of
promotion, suspension, dismissal, or any other disciplinary
action; or (b) hostile actions by another employee towards a
local government employee that were encouraged by a
supervisor or senior manager or official.
(4) "Emergency" means a circumstance that if not
immediately changed may cause damage to persons or
property. [1994 c 210 § 1; 1992 c 44 § 2.]
42.41.030 Right to report improper governmental
action—Policies and procedures. (1) Every local government employee has the right to report to the appropriate
person or persons information concerning an alleged improper governmental action.
(2) The governing body or chief administrative officer
of each local government shall adopt a policy on the
appropriate procedures to follow for reporting such information and shall provide information to their employees on the
policy. Local governments are encouraged to consult with
their employees on the policy.
(3) The policy shall describe the appropriate person or
persons within the local government to whom to report
information and a list of appropriate person or persons outside the local government to whom to report. The list shall
include the county prosecuting attorney.
(4) Each local government shall permanently post a
summary of the procedures for reporting information on an
alleged improper governmental action and the procedures for
protection against retaliatory actions described in RCW
42.41.040 in a place where all employees will have reasonable access to it. A copy of the summary shall be made
available to any employee upon request.
(5) A local government may require as part of its policy
that, except in the case of an emergency, before an employee
provides information of an improper governmental action to
a person or an entity who is not a public official or a person
listed pursuant to subsection (3) of this section, the employee
shall submit a written report to the local government. Where
a local government has adopted such a policy under this
section, an employee who fails to make a good faith attempt
to follow the policy shall not receive the protections of this
chapter.
(6) If a local government has failed to adopt a policy as
required by subsection (2) of this section, an employee may
report alleged improper government action directly to the
county prosecuting attorney or, if the prosecuting attorney or
an employee of the prosecuting attorney participated in the
alleged improper government action, to the state auditor.
The cost incurred by the state auditor in such investigations
shall be paid by the local government through the municipal
revolving account authorized in RCW 43.09.282.
(2002 Ed.)
Local Government Whistleblower Protection
(7) The identity of a reporting employee shall be kept
confidential to the extent possible under law, unless the
employee authorizes the disclosure of his or her identity in
writing. [1995 c 213 § 1; 1992 c 44 § 3.]
42.41.040 Retaliatory action unlawful—Relief by
whistleblower—Penalty. (1) It is unlawful for any local
government official or employee to take retaliatory action
against a local government employee because the employee
provided information in good faith in accordance with the
provisions of this chapter that an improper governmental
action occurred.
(2) In order to seek relief under this chapter, a local
government employee shall provide a written notice of the
charge of retaliatory action to the governing body of the
local government that:
(a) Specifies the alleged retaliatory action; and
(b) Specifies the relief requested.
(3) The charge shall be delivered to the local government no later than thirty days after the occurrence of the
alleged retaliatory action. The local government has thirty
days to respond to the charge of retaliatory action and
request for relief.
(4) Upon receipt of either the response of the local
government or after the last day upon which the local
government could respond, the local government employee
may request a hearing to establish that a retaliatory action
occurred and to obtain appropriate relief as defined in this
section. The request for a hearing shall be delivered to the
local government within fifteen days of delivery of the
response from the local government, or within fifteen days
of the last day on which the local government could respond.
(5) Within five working days of receipt of the request
for hearing, the local government shall apply to the state
office of administrative hearings for an adjudicative proceeding before an administrative law judge. Except as otherwise
provided in this section, the proceedings shall comply with
RCW 34.05.410 through 34.05.598.
(6) The employee, as the initiating party, must prove his
or her claim by a preponderance of the evidence. The
administrative law judge shall issue a final decision consisting of findings of fact, conclusions of law, and judgment no
later than forty-five days after the date the request for
hearing was delivered to the local government. The administrative law judge may grant specific extensions of time
beyond this period of time for rendering a decision at the
request of either party upon a showing of good cause, or
upon his or her own motion.
(7) Relief that may be granted by the administrative law
judge consists of reinstatement, with or without back pay,
and such injunctive relief as may be found to be necessary
in order to return the employee to the position he or she held
before the retaliatory action and to prevent any recurrence of
retaliatory action. The administrative law judge may award
costs and reasonable attorneys’ fees to the prevailing party.
(8) If a determination is made that retaliatory action has
been taken against the employee, the administrative law
judge may, in addition to any other remedy, impose a civil
penalty personally upon the retaliator of up to three thousand
dollars payable by each person found to have retaliated
against the employee and recommend to the local govern(2002 Ed.)
42.41.030
ment that any person found to have retaliated against the
employee be suspended with or without pay or dismissed.
All penalties recovered shall be paid to the local government
administrative hearings account created in RCW 42.41.060.
(9) The final decision of the administrative law judge is
subject to judicial review under the arbitrary and capricious
standard. Relief ordered by the administrative law judge
may be enforced by petition to superior court. [1992 c 44
§ 4.]
42.41.045 Prohibition on intimidation of
whistleblower—Nondisclosure of protected information.
(1) A local government official or employee may not use his
or her official authority or influence, directly or indirectly,
to threaten, intimidate, or coerce an employee for the
purpose of interfering with that employee’s right to disclose
information concerning an improper governmental action in
accordance with the provisions of this chapter.
(2) Nothing in this section authorizes an individual to
disclose information prohibited by law. [1994 c 210 § 2.]
42.41.050 Exemptions. Any local government that
has adopted or adopts a program for reporting alleged
improper governmental actions and adjudicating retaliation
resulting from such reporting shall be exempt from this
chapter if the program meets the intent of this chapter.
[1992 c 44 § 6.]
42.41.060 Local government administrative hearings
account. The local government administrative hearings
account is created in the custody of the state treasurer. All
receipts from penalties in RCW 42.41.040 and the surcharges
under RCW 43.09.2801 shall be deposited into the account.
Expenditures from the account may be used only for
administrative hearings under this chapter. Only the chief
administrative law judge or his or her designee may authorize expenditures from the account. The account is subject
to allotment procedures under chapter 43.88 RCW, but no
appropriation is required for expenditures. [1992 c 44 § 7.]
42.41.900 Construction. This chapter shall not be
construed to permit disclosures that would diminish the
rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection. [1992 c 44 § 5.]
42.41.901 Effective dates—1992 c 44. Sections 1
through 10 of this act shall take effect January 1, 1993.
Section 11 of this act shall take effect July 1, 1992. [1992
c 44 § 13.]
42.41.902 Severability—1992 c 44. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1992 c 44 § 14.]
[Title 42 RCW—page 71]
Chapter 42.44
Title 42 RCW: Public Officers and Agencies
Chapter 42.44
NOTARIES PUBLIC
Sections
42.44.010
42.44.020
42.44.030
42.44.040
42.44.050
42.44.060
42.44.070
42.44.080
42.44.090
42.44.100
42.44.110
42.44.120
42.44.130
42.44.140
42.44.150
42.44.160
42.44.170
42.44.180
42.44.190
42.44.200
42.44.210
42.44.900
42.44.901
42.44.902
42.44.903
Definitions.
Qualifications—Application—Bond.
Appointment denied certain persons.
Certificate of appointment.
Seal or stamp.
Term.
Reappointment without endorsements.
Standards for notarial acts.
Form of certificate—General—Seal or stamp as exclusive
property.
Short forms of certificate.
Illegible writing.
Fees.
Notarial acts by officials of other jurisdictions.
Notarial acts by federal authorities.
Notarial acts by foreign authorities.
Official misconduct—Penalty.
Revocation of appointment—Resignation.
Evidence of authenticity of notarial seal and signature.
Rules.
Transfer of records.
Uniform regulation of business and professions act.
Savings—1985 c 156.
Construction.
Severability—1985 c 156.
Effective date—1985 c 156.
42.44.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Director" means the director of licensing of the
state of Washington or the director’s designee.
(2) "Notarial act" and "notarization" mean: (a) Taking
an acknowledgment; (b) administering an oath or affirmation; (c) taking a verification upon oath or affirmation; (d)
witnessing or attesting a signature; (e) certifying or attesting
a copy; (f) receiving a protest of a negotiable instrument; (g)
certifying that an event has occurred or an act has been performed; and (h) any other act that a notary public of this
state is authorized to perform.
(3) "Notary public" and "notary" mean any person
appointed to perform notarial acts in this state.
(4) "Acknowledgment" means a statement by a person
that the person has executed an instrument as the person’s
free and voluntary act for the uses and purposes stated
therein and, if the instrument is executed in a representative
capacity, a statement that the person signed the document
with proper authority and executed it as the act of the person
or entity represented and identified therein.
(5) "Verification upon oath or affirmation" means a
statement by a person who asserts it to be true and makes
the assertion upon oath or affirmation administered in
accordance with chapter 5.28 RCW.
(6) "In a representative capacity" means:
(a) For and on behalf of a corporation, partnership, trust,
or other entity, as an authorized officer, agent, partner,
trustee, or other representative;
(b) As a public officer, personal representative, guardian, or other representative, in the capacity recited in the
instrument;
(c) As an attorney in fact for a principal; or
(d) In any other capacity as an authorized representative
of another.
(7) "Serious crime" means any felony or any lesser
crime, a necessary element of which, as determined by the
statutory or common law definition of such crime, involves
interference with the administration of justice, false swearing, misrepresentation, fraud, the unauthorized practice of
law, deceit, bribery, extortion, misappropriation, theft, or an
attempt, a conspiracy, or the solicitation of another to
commit a serious crime. [1985 c 156 § 1.]
42.44.020 Qualifications—Application—Bond. (1)
The director may, upon application, appoint to be a notary
public in this state, any person who:
(a) Is at least eighteen years of age;
(b) Resides in Washington state, or resides in an
adjoining state and is regularly employed in Washington
state or carries on business in Washington state; and
(c) Can read and write English.
(2) Each application shall be accompanied by endorsements by at least three residents of this state of the age of
eighteen or more, who are not relatives of the applicant, in
the following form:
I, (name of endorser) , being a person eligible to
vote in the state of Washington, believe the applicant for a
notary public appointment, (applicant’s name) , who is
not related to me, to be a person of integrity and good moral
character and capable of performing notarial acts.
..........................................
(Endorser’s signature and address, with date of signing)
(3) Every application for appointment as a notary public
shall be accompanied by a fee established by the director by
rule.
(4) Every applicant for appointment as a notary public
shall submit an application in a form prescribed by the
director, and shall sign the following declaration in the
presence of a notary public of this state:
Declaration of Applicant
I, (name of applicant) , solemnly swear or affirm
under penalty of perjury that the personal information I have
provided in this application is true, complete, and correct;
that I carefully have read the materials provided with the
application describing the duties of a notary public in and for
the state of Washington; and, that I will perform, to the best
of my ability, all notarial acts in accordance with the law.
...................
(Signature of applicant)
State of Washington
County of . . . . . . . . . .
On this day . . . . . . . . . appeared before me, signed
this Declaration of Application, and swore (or affirmed) that
(he/she) understood its contents and that its contents are
truthful.
Dated: . . . . . .
......................
Signature of notary public
(Seal or stamp)
Residing at
[Title 42 RCW—page 72]
.............
(2002 Ed.)
Notaries Public
(5) Every applicant shall submit to the director proof
from a surety company that a ten thousand dollar surety
bond, insuring the proper performance of notarial acts by the
applicant, will be effective for a term commencing on the
date the person is appointed, and expiring on the date the
applicant’s notary appointment expires. The surety for the
bond shall be a company qualified to write surety bonds in
this state. [1985 c 156 § 2.]
42.44.030 Appointment denied certain persons.
(Effective until January 1, 2003.) The director may deny
appointment as a notary public to any person who:
(1) Has been convicted of a serious crime;
(2) Has had a notary appointment or other professional
license revoked, suspended, or restricted in this or any other
state;
(3) Has engaged in official misconduct as defined in
*section 17(1) of this act, whether or not criminal penalties
resulted; or
(4) Has performed a notarial act or acts in a manner
found by the director to constitute gross negligence, a course
of negligent conduct, or reckless disregard of his or her
responsibility as a notary public. [1985 c 156 § 3.]
*Reviser’s note: A literal translation of "section 17(1) of this act"
would be RCW 42.44.170(1); however, RCW 42.44.160(1) was apparently
intended.
42.44.030 Appointment—Denial for unprofessional
conduct—Certificate of appointment. (Effective January
1, 2003.) In addition to the unprofessional conduct specified
in RCW 18.235.130, the director may deny appointment as
a notary public to any person based on the following
conduct, acts, or conditions:
(1) Has had disciplinary action taken against any
professional license in this or any other state; or
(2) Has engaged in official misconduct as defined in
RCW 42.44.160(1), whether or not criminal penalties
resulted.
The director shall deliver a certificate evidencing the
appointment to each person appointed as a notary public.
The certificate may be signed in facsimile by the governor,
the secretary of state, and the director or the director’s
designee. The certificate must bear a printed seal of the
state of Washington. [2002 c 86 § 287; 1985 c 156 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.040 Certificate of appointment. The director
shall deliver a certificate evidencing the appointment to each
person appointed as a notary public. The certificate may be
signed in facsimile by the governor, the secretary of state,
and the director or the director’s designee. The certificate
shall bear a printed seal of the state of Washington. [1985
c 156 § 4.]
42.44.050 Seal or stamp. Every person appointed as
a notary public in this state shall procure a seal or stamp, on
which shall be engraved or impressed the words "Notary
Public" and "State of Washington," the date the appointment
expires, the person’s surname, and at least the initials of the
(2002 Ed.)
42.44.020
person’s first and middle names. The director shall prescribe
by rule the size and form or forms of the seal or stamp. It
is unlawful for any person intentionally to manufacture, give,
sell, procure or possess a seal or stamp evidencing the
current appointment of a person as a notary public until the
director has delivered a certificate evidencing the appointment as provided for in RCW 42.44.040. [1985 c 156 § 5.]
42.44.060 Term. (Effective until January 1, 2003.)
A person appointed as a notary public by the director may
perform notarial acts in this state for a term of four years,
unless:
(1) The notarial appointment has been revoked under
RCW 42.44.130 or 42.44.140; or
(2) The notarial appointment has been resigned. [1985
c 156 § 6.]
42.44.060 Term. (Effective January 1, 2003.) A
person appointed as a notary public by the director may
perform notarial acts in this state for a term of four years,
unless:
(1) Disciplinary action has been taken against the
notarial appointment, including a shorter term, suspension,
or revocation; or
(2) The notarial appointment has been resigned. [2002
c 86 § 288; 1985 c 156 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.070 Reappointment without endorsements. A
person who has received an appointment as a notary public
may be reappointed without the endorsements required in
RCW 42.44.020(2) if the person submits a new application
before the expiration date of the current appointment. [1985
c 156 § 7.]
42.44.080 Standards for notarial acts. A notary
public is authorized to perform notarial acts in this state.
Notarial acts shall be performed in accordance with the
following, as applicable:
(1) In taking an acknowledgment, a notary public must
determine and certify, either from personal knowledge or
from satisfactory evidence, that the person appearing before
the notary public and making the acknowledgement is the
person whose true signature is on the document.
(2) In taking an acknowledgment authorized by RCW
64.08.100 from a person physically unable to sign his or her
name or make a mark, a notary public shall, in addition to
other requirements for taking an acknowledgment, determine
and certify from personal knowledge or satisfactory evidence
that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is
otherwise competent. The notary public shall include in the
acknowledgment a statement that the signature in the
acknowledgment was obtained under the authority of RCW
64.08.100.
(3) In taking a verification upon oath or affirmation, a
notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing
[Title 42 RCW—page 73]
42.44.080
Title 42 RCW: Public Officers and Agencies
before the notary public and making the verification is the
person whose true signature is on the statement verified.
(4) In witnessing or attesting a signature, a notary public
must determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person
appearing before the notary public and named in the document.
(5) In certifying or attesting a copy of a document or
other item, a notary public must determine that the proffered
copy is a full, true, and accurate transcription or reproduction
of that which was copied.
(6) In making or noting a protest of a negotiable
instrument, a notary public must determine the matters set
forth in *RCW 62A.3-509.
(7) In certifying that an event has occurred or an act has
been performed, a notary public must determine the occurrence or performance either from personal knowledge or
from satisfactory evidence based upon the oath or affirmation of a credible witness personally known to the notary
public.
(8) A notary public has satisfactory evidence that a
person is the person described in a document if that person:
(a) Is personally known to the notary public; (b) is identified
upon the oath or affirmation of a credible witness personally
known to the notary public; or (c) is identified on the basis
of identification documents.
(9) The signature and seal or stamp of a notary public
are prima facie evidence that the signature of the notary is
genuine and that the person is a notary public.
(10) A notary public is disqualified from performing a
notarial act when the notary is a signer of the document
which is to be notarized. [1987 c 76 § 3; 1985 c 156 § 8.]
connection with a form of document or transaction, the
certificate required by such law shall be used for such
document or transaction.
(3) By executing a certificate of a notarial act, the
notary public certifies that he or she has made the determinations required by RCW 42.44.080.
(4) A notary public’s seal or stamp shall be the exclusive property of the notary public, shall not be used by any
other person, and shall not be surrendered to an employer
upon termination of employment, regardless of whether the
employer paid for the seal or for the notary’s bond or
appointment fees. [1985 c 156 § 9.]
42.44.100 Short forms of certificate. The following
short forms of notarial certificates are sufficient for the
purposes indicated, if completed with the information
required by this section:
(1) For an acknowledgment in an individual capacity:
State of Washington
County of . . . . . . . . . .
I certify that I know or have satisfactory evidence that
(name of person) is the person who appeared before me,
and said person acknowledged that (he/she) signed this
instrument and acknowledged it to be (his/her) free and
voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
.........
......................
(Signature)
(Seal or stamp)
......................
Title
My appointment
expires . . . . . . . . . . . . . . .
*Reviser’s note: RCW 62A.3-509 was repealed by 1993 c 229 § 76,
effective July 1, 1994.
42.44.090 Form of certificate—General—Seal or
stamp as exclusive property. (1) A notarial act by a notary
public must be evidenced by a certificate signed and dated
by a notary public. The certificate must include the name of
the jurisdiction in which the notarial act is performed and the
title of the notary public or other notarial officer and shall be
accompanied by an impression of the official seal or stamp.
It shall not be necessary for a notary public in certifying an
oath to be used in any of the courts in this state, to append
an impression of the official seal or stamp. If the notarial
officer is a notary public, the certificate shall also indicate
the date of expiration of such notary public’s appointment,
but omission of that information may subsequently be
corrected.
(2) A certificate of a notarial act is sufficient if it meets
the requirements of subsection (1) of this section and it:
(a) Is in the short form set forth in RCW 42.44.100;
(b) Is in a form otherwise permitted or prescribed by the
laws of this state;
(c) Is in a form prescribed by the laws or regulations
applicable in the place in which the notarial act was performed; or
(d) Is in a form that sets forth the actions of the notary
public and the described actions are sufficient to meet the
requirements of the designated notarial act.
If any law of this state specifically requires a certificate
in a form other than that set forth in RCW 42.44.100 in
[Title 42 RCW—page 74]
(2) For an acknowledgment in a representative capacity:
State of Washington
County of . . . . . . . . . .
I certify that I know or have satisfactory evidence that
(name of person) is the person who appeared before me,
and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to
execute the instrument and acknowledged it as the
(type of authority, e.g., officer, trustee, etc.) of (name
of party on behalf of whom instrument was executed) to
be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
.........
......................
(Signature)
(Seal or stamp)
......................
Title
My appointment
expires . . . . . . . . . . . . . . .
(3) For a verification upon oath or affirmation:
State of Washington
County of . . . . . . . . . .
(2002 Ed.)
Notaries Public
Signed and sworn to (or affirmed) before me on
(date) by (name of person making statement) .
......................
(Signature)
(Seal or stamp)
......................
Title
My appointment
expires . . . . . . . . . . . . . . .
(4) For witnessing or attesting a signature:
State of Washington
County of . . . . . . . . . .
Signed or attested before me on . . . . by . . . . . . . . .
......................
(Signature)
(Seal or stamp)
......................
Title
My appointment
expires . . . . . . . . . . . . . . .
(5) For attestation of a copy of a document:
State of Washington
County of . . . . . . . . . .
I certify that this is a true and correct copy of a document in the possession of . . . . . . as of this date.
Dated:
.........
......................
(Signature)
(Seal or stamp)
......................
Title
My appointment
expires . . . . . . . . . . . . . . .
(6) For certifying the occurrence of an event or the
performance of an act:
State of Washington
County of . . . . . . . . . .
I certify that the event or act described in this document
has occurred or been performed.
Dated:
.........
......................
(Signature)
(Seal or stamp)
......................
Title
My appointment
expires . . . . . . . . . . . . .
[1988 c 69 § 4; 1985 c 156 § 10.]
42.44.110 Illegible writing. The illegibility of any
wording, writing, or marking required under this chapter
does not in and of itself affect the validity of a document or
transaction. [1985 c 156 § 11.]
(2002 Ed.)
42.44.100
42.44.120 Fees. (1) The director shall establish by
rule the maximum fees that may be charged by notaries
public for various notarial services.
(2) A notary public need not charge fees for notarial
acts. [1985 c 156 § 12.]
42.44.130 Notarial acts by officials of other jurisdictions. (1) A notarial act has the same effect under the law
of this state as if performed by a notary public of this state,
if performed in another state, commonwealth, territory,
district, or possession of the United States by any of the
following persons:
(a) A notary public of that jurisdiction;
(b) A judge, clerk, or deputy clerk of a court of that
jurisdiction; or
(c) Any other person authorized by the law of that
jurisdiction to perform notarial acts.
Notarial acts performed in other jurisdictions of the
United States under federal authority as provided in RCW
42.44.140 have the same effect as if performed by a notarial
officer of this state.
(2) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is
genuine and that the person holds the designated title.
(3) The signature and title of an officer listed in
subsection (1)(a) and (b) of this section conclusively establish the authority of a holder of that title to perform a
notarial act. [1985 c 156 § 13.]
42.44.140 Notarial acts by federal authorities. (1)
A notarial act has the same effect under the law of this state
as if performed by a notary public of this state if performed
by any of the following persons under authority granted by
the law of the United States:
(a) A judge, clerk, or deputy clerk of a court;
(b) A commissioned officer in active service with the
military forces of the United States;
(c) An officer of the foreign service or consular agent
of the United States; or
(d) Any other person authorized by federal law to
perform notarial acts.
(2) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is
genuine and that the person holds the designated title.
(3) The signature and title or rank of an officer listed in
subsection (1)(a), (b), and (c) of this section conclusively
establish the authority of a holder of that title to perform a
notarial act. [1985 c 156 § 14.]
42.44.150 Notarial acts by foreign authorities. (1)
A notarial act has the same effect under the law of this state
as if performed by a notary public of this state if performed
within the jurisdiction of and under authority of a foreign
nation or its constituent units or a multinational or international organization by any of the following persons:
(a) A notary public or notary;
(b) A judge, clerk, or deputy clerk of a court of record;
or
(c) Any other person authorized by the law of that
jurisdiction to perform notarial acts.
[Title 42 RCW—page 75]
42.44.150
Title 42 RCW: Public Officers and Agencies
(2) An "apostille" in the form prescribed by the Hague
Convention of October 5, 1961, conclusively establishes that
the signature of the notarial officer is genuine and that the
officer holds the designated office.
(3) A certificate by a foreign service or consular officer
of the United States stationed in the nation under the
jurisdiction of which the notarial act was performed, or a
certificate by a foreign service or consular officer of that
nation stationed in the United States, is prima facie evidence
of the authenticity or validity of the notarial act set forth in
the certificate.
(4) A stamp or seal of the person performing the
notarial act is prima facie evidence that the signature is
genuine and that the person holds that designated title.
(5) A stamp or seal of an officer listed in subsection
(1)(a) or (b) of this section is prima facie evidence that a
person with that title has authority to perform notarial acts.
(6) If the title of officer and indication of authority to
perform notarial acts appears either in a digest of foreign law
or in a list customarily used as a source for that information,
the authority of an officer with that title to perform notarial
acts is conclusively established. [1985 c 156 § 15.]
42.44.160 Official misconduct—Penalty. (Effective
until January 1, 2003.) (1) A notary public commits
official misconduct when he or she signs a certificate
evidencing a notarial act, knowing that the contents of the
certificate are false.
(2) A notary public who commits an act of official
misconduct shall be guilty of a gross misdemeanor.
(3) Any person not appointed as a notary public who
acts as or otherwise impersonates a notary public shall be
guilty of a gross misdemeanor. [1985 c 156 § 16.]
42.44.160 Official misconduct—Penalty. (Effective
January 1, 2003.) (1) A notary public commits official
misconduct when he or she signs a certificate evidencing a
notarial act, knowing that the contents of the certificate are
false. Official misconduct also constitutes unprofessional
conduct for which disciplinary action may be taken.
(2) A notary public who commits an act of official
misconduct shall be guilty of a gross misdemeanor.
(3) Any person not appointed as a notary public who
acts as or otherwise impersonates a notary public shall be
guilty of a gross misdemeanor. [2002 c 86 § 289; 1985 c
156 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.170 Revocation of appointment—Resignation.
(Effective until January 1, 2003.) (1) The director may
revoke the appointment of any notary public for any reason
for which appointment may be denied under RCW
42.44.030.
(2) The director shall revoke the appointment of a
notary public upon a judicial finding of incompetency of the
notary public. If a notary public is found to be incompetent,
his or her guardian or conservator shall within thirty days of
such finding mail or deliver to the director a letter of
resignation on behalf of the notary public.
[Title 42 RCW—page 76]
(3) A notary public may voluntarily resign by mailing
or delivering to the director a letter of resignation. [1985 c
156 § 17.]
42.44.170 Revocation of appointment—Resignation.
(Effective January 1, 2003.) (1) The director shall revoke
the appointment of a notary public upon a judicial finding of
incompetency of the notary public. If a notary public is
found to be incompetent, his or her guardian or conservator
shall within thirty days of such finding mail or deliver to the
director a letter of resignation on behalf of the notary public.
(2) A notary public may voluntarily resign by mailing
or delivering to the director a letter of resignation. [2002 c
86 § 290; 1985 c 156 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.180 Evidence of authenticity of notarial seal
and signature. (1) The authenticity of the notarial seal and
official signature of a notary public of this state may be
evidenced by:
(a) A certificate of authority from the director or the
secretary of state; or
(b) An apostille in the form prescribed by the Hague
Convention Abolishing the Requirement of Legalization for
Foreign Public Documents of October 5, 1961.
(2) An apostille as specified by the Hague Convention
shall be attached to any document requiring authentication
that is sent to a nation that has signed and ratified the Hague
Convention Abolishing the Requirement of Legalization for
Foreign Public Documents. [1985 c 156 § 18.]
42.44.190 Rules. (Effective until January 1, 2003.)
On or before January 1, 1986, the director shall adopt rules
to carry out this chapter. Such rules shall include but shall
not be limited to rules concerning applications for appointment, application and renewal fees, fees chargeable for
notarial services, the replacement of lost or stolen seals or
stamps, changes of names or addresses of notaries, resignations of notaries, appeals of denials and revocations of
appointments, and issuance of evidences of authenticity of
notarial seals and signatures. [1985 c 156 § 20.]
42.44.190 Rules. (Effective January 1, 2003.) The
director may adopt rules consistent with this chapter. Such
rules shall include but shall not be limited to rules concerning applications for appointment, application and renewal
fees, fees chargeable for notarial services, the replacement of
lost or stolen seals or stamps, changes of names or addresses
of notaries, resignations of notaries, and issuance of evidences of authenticity of notarial seals and signatures. [2002 c
86 § 291; 1985 c 156 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.200 Transfer of records. Records relating to
the appointment and commissioning of notaries public that
are in the custody of county clerks of this state on *the
effective date of this act shall be transferred to the director
(2002 Ed.)
Notaries Public
of licensing on or before December 31, 1985. Such records
may be archived by the director. [1985 c 156 § 22.]
*Reviser’s note: As used in this section, the phrase "the effective
date of this act," is ambiguous; see RCW 42.44.903.
42.44.210 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 292.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.900 Savings—1985 c 156. Nothing in this act
may be interpreted to revoke any notary public appointment
or commission existing on January 1, 1986. This act does
not terminate, or in any way modify, any liability, civil or
criminal, which exists on January 1, 1986. A notarial act
performed before January 1, 1986, is not affected by this act.
[1985 c 156 § 21.]
42.44.901 Construction. RCW 42.44.010, 42.44.080,
42.44.090, 42.44.100, 42.44.130, 42.44.140, and 42.44.150
shall be applied and construed to effectuate their general
purpose to make the law uniform with respect to the subject
of this chapter among states enacting such sections of this
chapter. [1985 c 156 § 23.]
42.44.902 Severability—1985 c 156. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 156 § 24.]
42.44.903 Effective date—1985 c 156. Sections 1
through 19, 21, and 23 through 26 shall take effect on
January 1, 1986. [1985 c 156 § 27.]
Chapter 42.48
RELEASE OF RECORDS FOR RESEARCH
Sections
42.48.010
42.48.020
42.48.030
42.48.040
42.48.050
42.48.060
42.48.900
Definitions.
Access to personal records.
Charge for costs of assistance.
Disclosure by research professional.
Unauthorized disclosure—Penalties.
Exclusions from chapter.
Severability—1985 c 334.
42.48.010 Definitions. For the purposes of this
chapter, the following definitions apply:
(1) "Individually identifiable" means that a record
contains information which reveals or can likely be associated with the identity of the person or persons to whom the
record pertains.
(2) "Legally authorized representative" means a person
legally authorized to give consent for the disclosure of
(2002 Ed.)
42.44.200
personal records on behalf of a minor or a legally incompetent adult.
(3) "Personal record" means any information obtained
or maintained by a state agency which refers to a person and
which is declared exempt from public disclosure, confidential, or privileged under state or federal law.
(4) "Research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other
scientific investigation carried out by a state agency, by a
scientific research professional associated with a bona fide
scientific research organization, or by a graduate student
currently enrolled in an advanced academic degree curriculum, with an objective to contribute to scientific knowledge,
the solution of social and health problems, or the evaluation
of public benefit and service programs. This definition
excludes methods of record analysis and data collection that
are subjective, do not permit replication, and are not designed to yield reliable and valid results.
(5) "Research record" means an item or grouping of
information obtained for the purpose of research from or
about a person or extracted for the purpose of research from
a personal record.
(6) "State agency" means: (a) The department of social
and health services; (b) the department of corrections; (c) an
institution of higher education as defined in RCW
28B.10.016; or (d) the department of health. [1989 1st ex.s.
c 9 § 207; 1985 c 334 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
42.48.020 Access to personal records. (1) A state
agency may authorize or provide access to or provide copies
of an individually identifiable personal record for research
purposes if informed written consent for the disclosure has
been given to the appropriate department secretary, or the
president of the institution, as applicable, or his or her
designee, by the person to whom the record pertains or, in
the case of minors and legally incompetent adults, the
person’s legally authorized representative.
(2) A state agency may authorize or provide access to
or provide copies of an individually identifiable personal
record for research purposes without the informed consent of
the person to whom the record pertains or the person’s
legally authorized representative, only if:
(a) The state agency adopts research review and
approval rules including, but not limited to, the requirement
that the appropriate department secretary, or the president of
the institution, as applicable, appoint a standing human
research review board competent to review research proposals as to ethical and scientific soundness; and the review
board determines that the disclosure request has scientific
merit and is of importance in terms of the agency’s program
concerns, that the research purposes cannot be reasonably accomplished without disclosure of the information in individually identifiable form and without waiver of the informed
consent of the person to whom the record pertains or the
person’s legally authorized representative, that disclosure
risks have been minimized, and that remaining risks are
outweighed by anticipated health, safety, or scientific
benefits; and
(b) The disclosure does not violate federal law or
regulations; and
[Title 42 RCW—page 77]
42.48.020
Title 42 RCW: Public Officers and Agencies
(c) The state agency negotiates with the research
professional receiving the records or record information a
written and legally binding confidentiality agreement prior to
disclosure. The agreement shall:
(i) Establish specific safeguards to assure the continued
confidentiality and security of individually identifiable
records or record information;
(ii) Ensure that the research professional will report or
publish research findings and conclusions in a manner that
does not permit identification of the person whose record
was used for the research. Final research reports or publications shall not include photographs or other visual representations contained in personal records;
(iii) Establish that the research professional will destroy
the individual identifiers associated with the records or
record information as soon as the purposes of the research
project have been accomplished and notify the agency to this
effect in writing;
(iv) Prohibit any subsequent disclosure of the records or
record information in individually identifiable form except as
provided in RCW 42.48.040; and
(v) Provide for the signature of the research professional, of any of the research professional’s team members who
require access to the information in identified form, and of
the agency official authorized to approve disclosure of
identifiable records or record information for research
purposes. [1985 c 334 § 2.]
42.48.030 Charge for costs of assistance. In addition
to the copying charges provided in RCW 42.17.300, a state
agency may impose a reasonable charge for costs incurred in
providing assistance in the following research activities
involving personal records:
(1) Manual or computer screening of personal records
for scientific sampling purposes according to specifications
provided by the research professional;
(2) Manual or computer extraction of information from
a universe or sample of personal records according to
specifications provided by the research professional;
(3) Statistical manipulation or analysis of personal
record information, whether manually or by computer,
according to specifications provided by the research professional.
The charges imposed by the agency may not exceed the
amount necessary to reimburse the agency for its actual costs
in providing requested research assistance. [1985 c 334 § 3.]
42.48.040 Disclosure by research professional. No
research professional who has established an individually
identifiable research record from personal record information
pursuant to RCW 42.48.020(2), or who has established a
research record from data or information voluntarily provided by an agency client or employee under a written confidentiality assurance for the explicit purpose of research, may
disclose such a record in individually identifiable form
unless:
(1) The person to whom the research record pertains or
the person’s legally authorized representative has given prior
informed written consent for the disclosure; or
(2) The research professional reasonably believes that
disclosure will prevent or minimize injury to a person and
[Title 42 RCW—page 78]
the disclosure is limited to information necessary to protect
the person who has been or may be injured, and the research
professional reports the disclosure only to the person
involved or the person’s guardian, the person’s physician,
and the agency; or
(3)(a) The research record is disclosed in individually
identifiable form for the purposes of auditing or evaluating
a research program; and
(b) The audit or evaluation is authorized or required by
federal or state law or regulation or is based upon an explicit
provision in a research contract, grant, or other written
research agreement; and
(c) No subsequent disclosure of the research record in
individually identifiable form will be made by the auditor or
evaluator except as provided in this section; or
(4) The research record is furnished in compliance with
a search warrant or court order: PROVIDED, That:
(a) The court issues the search warrant or judicial
subpoena concerning the research record solely for the
purpose of facilitating inquiry into an alleged violation of
law by the research professional using the record for a
research purpose or by the agency; and
(b) Any research record obtained pursuant to (a) of this
subsection and any information directly or indirectly derived
from the research record shall remain confidential to the
extent possible and shall not be used as evidence in an
administrative, judicial, or legislative proceeding except
against the research professional using the record for a
research purpose or against the state agency. [1985 c 334 §
4.]
42.48.050 Unauthorized disclosure—Penalties.
Unauthorized disclosure, whether wilful or negligent, by a
research professional who has obtained an individually
identifiable personal record or record information from a
state agency pursuant to RCW 42.48.020(2) is a gross
misdemeanor. In addition, violation of any provision of this
chapter by the research professional or the state agency may
subject the research professional or the agency to a civil
penalty of not more than ten thousand dollars for each such
violation. [1985 c 334 § 5.]
42.48.060 Exclusions from chapter. Nothing in this
chapter is applicable to, or in any way affects, the powers
and duties of the state auditor or the joint legislative audit
and review committee. [1996 c 288 § 34; 1985 c 334 § 6.]
42.48.900 Severability—1985 c 334. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 334 § 8.]
Chapter 42.52
ETHICS IN PUBLIC SERVICE
Sections
42.52.010
42.52.020
42.52.030
42.52.040
Definitions.
Activities incompatible with public duties.
Financial interests in transactions.
Assisting in transactions.
(2002 Ed.)
Ethics in Public Service
42.52.050
42.52.060
42.52.070
42.52.080
42.52.090
42.52.100
42.52.110
42.52.120
42.52.130
42.52.140
42.52.150
42.52.160
42.52.170
42.52.180
42.52.185
42.52.190
42.52.200
42.52.310
42.52.320
42.52.330
42.52.340
42.52.350
42.52.360
42.52.370
42.52.380
42.52.390
42.52.400
42.52.410
42.52.420
42.52.425
42.52.430
42.52.440
42.52.450
42.52.460
42.52.470
42.52.480
42.52.490
42.52.500
42.52.510
42.52.520
42.52.530
42.52.540
42.52.550
42.52.800
42.52.900
42.52.901
42.52.902
42.52.903
42.52.904
42.52.905
Confidential information—Improperly concealed records.
Testimony of state officers and state employees.
Special privileges.
Employment after public service.
Limited assistance by former state officers and employees.
Conditions on appearance before state agencies or doing
business with the state—Hearing—Judicial review.
Compensation for official duties or nonperformance.
Compensation for outside activities.
Honoraria.
Gifts.
Limitations on gifts.
Use of persons, money, or property for private gain.
Giving, paying, loaning, etc., any thing of economic value to
state employee.
Use of public resources for political campaigns.
Restrictions on mailings by legislators.
Investments.
Agency rules.
Legislative ethics board.
Authority of legislative ethics board.
Interpretation.
Transfer of jurisdiction.
Executive ethics board.
Authority of executive ethics board.
Authority of commission on judicial conduct.
Political activities of board members.
Hearing and subpoena authority.
Enforcement of subpoena authority.
Filing complaint.
Investigation.
Dismissal of complaint.
Public hearing—Findings.
Review of order.
Complaint against legislator or statewide elected official.
Citizen actions.
Referral for enforcement.
Action by boards.
Action by attorney general.
Optional hearings by administrative law judge.
Rescission of state action.
Disciplinary action.
Additional investigative authority.
Limitations period.
Compensation of ethics boards.
Exemptions—Solicitation for state capitol historic furnishings and preservation and restoration of state legislative
building.
Legislative declaration.
Liberal construction.
Parts and captions not law—1994 c 154.
Serving on board, committee, or commission not prevented.
Effective date—1994 c 154.
Severability—1994 c 154.
42.52.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any state board, commission,
bureau, committee, department, institution, division, or
tribunal in the legislative, executive, or judicial branch of
state government. "Agency" includes all elective offices, the
state legislature, those institutions of higher education created
and supported by the state government, and those courts that
are parts of state government.
(2) "Head of agency" means the chief executive officer
of an agency. In the case of an agency headed by a commission, board, committee, or other body consisting of more
than one natural person, agency head means the person or
board authorized to appoint agency employees and regulate
their conduct.
(2002 Ed.)
Chapter 42.52
(3) "Assist" means to act, or offer or agree to act, in
such a way as to help, aid, advise, furnish information to, or
otherwise provide assistance to another person, believing that
the action is of help, aid, advice, or assistance to the person
and with intent so to assist such person.
(4) "Beneficial interest" has the meaning ascribed to it
under the Washington case law. However, an ownership
interest in a mutual fund or similar investment pooling fund
in which the owner has no management powers does not
constitute a beneficial interest in the entities in which the
fund or pool invests.
(5) "Compensation" means anything of economic value,
however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or
in consideration of, personal services to any person.
(6) "Confidential information" means (a) specific
information, rather than generalized knowledge, that is not
available to the general public on request or (b) information
made confidential by law.
(7) "Contract" or "grant" means an agreement between
two or more persons that creates an obligation to do or not
to do a particular thing. "Contract" or "grant" includes, but
is not limited to, an employment contract, a lease, a license,
a purchase agreement, or a sales agreement.
(8) "Ethics boards" means the commission on judicial
conduct, the legislative ethics board, and the executive ethics
board.
(9) "Family" has the same meaning as "immediate
family" in RCW 42.17.020.
(10) "Gift" means anything of economic value for which
no consideration is given. "Gift" does not include:
(a) Items from family members or friends where it is
clear beyond a reasonable doubt that the gift was not made
as part of any design to gain or maintain influence in the
agency of which the recipient is an officer or employee;
(b) Items related to the outside business of the recipient
that are customary and not related to the recipient’s performance of official duties;
(c) Items exchanged among officials and employees or
a social event hosted or sponsored by a state officer or state
employee for coworkers;
(d) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in
an official capacity. As used in this subsection, "reasonable
expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the
event;
(e) Items a state officer or state employee is authorized
by law to accept;
(f) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and
educational programs sponsored by a bona fide governmental
or nonprofit professional, educational, trade, or charitable
association or institution. As used in this subsection,
"reasonable expenses" are limited to travel, lodging, and
subsistence expenses incurred the day before through the day
after the event;
(g) Items returned by the recipient to the donor within
thirty days of receipt or donated to a charitable organization
within thirty days of receipt;
[Title 42 RCW—page 79]
42.52.010
Title 42 RCW: Public Officers and Agencies
(h) Campaign contributions reported under chapter 42.17
RCW;
(i) Discounts available to an individual as a member of
an employee group, occupation, or similar broad-based
group; and
(j) Awards, prizes, scholarships, or other items provided
in recognition of academic or scientific achievement.
(11) "Honorarium" means money or thing of value
offered to a state officer or state employee for a speech,
appearance, article, or similar item or activity in connection
with the state officer’s or state employee’s official role.
(12) "Official duty" means those duties within the
specific scope of employment of the state officer or state
employee as defined by the officer’s or employee’s agency
or by statute or the state Constitution.
(13) "Participate" means to participate in state action or
a proceeding personally and substantially as a state officer or
state employee, through approval, disapproval, decision,
recommendation, the rendering of advice, investigation, or
otherwise but does not include preparation, consideration, or
enactment of legislation or the performance of legislative
duties.
(14) "Person" means any individual, partnership,
association, corporation, firm, institution, or other entity,
whether or not operated for profit.
(15) "Regulatory agency" means any state board,
commission, department, or officer, except those in the
legislative or judicial branches, authorized by law to conduct
adjudicative proceedings, issue permits or licenses, or to
control or affect interests of identified persons.
(16) "Responsibility" in connection with a transaction
involving the state, means the direct administrative or
operating authority, whether intermediate or final, and either
exercisable alone or through subordinates, effectively to
approve, disapprove, or otherwise direct state action in
respect of such transaction.
(17) "State action" means any action on the part of an
agency, including, but not limited to:
(a) A decision, determination, finding, ruling, or order;
and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to
act with respect to a decision, determination, finding, ruling,
or order.
(18) "State officer" means every person holding a
position of public trust in or under an executive, legislative,
or judicial office of the state. "State officer" includes judges
of the superior court, judges of the court of appeals, justices
of the supreme court, members of the legislature together
with the secretary of the senate and the chief clerk of the
house of representatives, holders of elective offices in the
executive branch of state government, chief executive
officers of state agencies, members of boards, commissions,
or committees with authority over one or more state agencies
or institutions, and employees of the state who are engaged
in supervisory, policy-making, or policy-enforcing work.
For the purposes of this chapter, "state officer" also includes
any person exercising or undertaking to exercise the powers
or functions of a state officer.
(19) "State employee" means an individual who is
employed by an agency in any branch of state government.
[Title 42 RCW—page 80]
For purposes of this chapter, employees of the superior
courts are not state officers or state employees.
(20) "Thing of economic value," in addition to its
ordinary meaning, includes:
(a) A loan, property interest, interest in a contract or
other chose in action, and employment or another arrangement involving a right to compensation;
(b) An option, irrespective of the conditions to the
exercise of the option; and
(c) A promise or undertaking for the present or future
delivery or procurement.
(21)(a) "Transaction involving the state" means a
proceeding, application, submission, request for a ruling or
other determination, contract, claim, case, or other similar
matter that the state officer, state employee, or former state
officer or state employee in question believes, or has reason
to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial
proprietary interest.
(b) "Transaction involving the state" does not include
the following: Preparation, consideration, or enactment of
legislation, including appropriation of moneys in a budget,
or the performance of legislative duties by an officer or
employee; or a claim, case, lawsuit, or similar matter if the
officer or employee did not participate in the underlying
transaction involving the state that is the basis for the claim,
case, or lawsuit. [1998 c 7 § 1; 1996 c 213 § 1; 1994 c 154
§ 101.]
42.52.020 Activities incompatible with public duties.
No state officer or state employee may have an interest,
financial or otherwise, direct or indirect, or engage in a
business or transaction or professional activity, or incur an
obligation of any nature, that is in conflict with the proper
discharge of the state officer’s or state employee’s official
duties. [1996 c 213 § 2; 1994 c 154 § 102.]
42.52.030 Financial interests in transactions. (1) No
state officer or state employee, except as provided in
subsections (2) and (3) of this section, may be beneficially
interested, directly or indirectly, in a contract, sale, lease,
purchase, or grant that may be made by, through, or is under
the supervision of the officer or employee, in whole or in
part, or accept, directly or indirectly, any compensation,
gratuity, or reward from any other person beneficially
interested in the contract, sale, lease, purchase, or grant.
(2) No officer or employee of an institution of higher
education or of the Spokane intercollegiate research and
technology institute, except as provided in subsection (3) of
this section, may be beneficially interested, directly or
indirectly, in a contract or grant that may be made by,
through, or is under the supervision of the officer or employee, in whole or in part, or accept, directly or indirectly, any
compensation, gratuity, or reward from any other person
beneficially interested in the contract or grant, unless the institution of higher education or the Spokane intercollegiate
research and technology institute has in effect a written
administrative process to identify and manage, reduce, or
eliminate conflicting interests with respect to such transac(2002 Ed.)
Ethics in Public Service
tions as adopted pursuant to the national science investigator
financial disclosure (GPM 510) 1995 and the public health
service regulations, 42 C.F.R. Part 50 and 45 C.F.R. Subtitle
A as each of those regulations existed on June 6, 1996, and
the state employee or state officer has complied with such
policy.
(3) No state officer or state employee may participate in
a transaction involving the state in his or her official
capacity with a person of which the officer or employee is
an officer, agent, employee, or member, or in which the
officer or employee owns a beneficial interest, except that an
officer or employee of an institution of higher education or
the Spokane intercollegiate research and technology institute
may serve as an officer, agent, employee, or member, or on
the board of directors, board of trustees, advisory board, or
committee or review panel for any nonprofit institute, foundation, or fundraising entity; and may serve as a member of
an advisory board, committee, or review panel for a governmental or other nonprofit entity. [1996 c 213 § 3; 1994 c
154 § 103.]
42.52.040 Assisting in transactions. (1) Except in
the course of official duties or incident to official duties, no
state officer or state employee may assist another person,
directly or indirectly, whether or not for compensation, in a
transaction involving the state:
(a) In which the state officer or state employee has at
any time participated; or
(b) If the transaction involving the state is or has been
under the official responsibility of the state officer or state
employee within a period of two years preceding such
assistance.
(2) No state officer or state employee may share in
compensation received by another for assistance that the
officer or employee is prohibited from providing under
subsection (1) or (3) of this section.
(3) A business entity of which a state officer or state
employee is a partner, managing officer, or employee shall
not assist another person in a transaction involving the state
if the state officer or state employee is prohibited from doing
so by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state
employee from assisting, in a transaction involving the state:
(a) The state officer’s or state employee’s parent,
spouse, or child, or a child thereof for whom the officer or
employee is serving as guardian, executor, administrator,
trustee, or other personal fiduciary, if the state officer or
state employee did not participate in the transaction; or
(b) Another state employee involved in disciplinary or
other personnel administration proceedings. [1994 c 154 §
104.]
42.52.050 Confidential information—Improperly
concealed records. (1) No state officer or state employee
may accept employment or engage in any business or
professional activity that the officer or employee might
reasonably expect would require or induce him or her to
make an unauthorized disclosure of confidential information
acquired by the official or employee by reason of the
official’s or employee’s official position.
(2002 Ed.)
42.52.030
(2) No state officer or state employee may make a
disclosure of confidential information gained by reason of
the officer’s or employee’s official position or otherwise use
the information for his or her personal gain or benefit or the
gain or benefit of another, unless the disclosure has been
authorized by statute or by the terms of a contract involving
(a) the state officer’s or state employee’s agency and (b) the
person or persons who have authority to waive the confidentiality of the information.
(3) No state officer or state employee may disclose
confidential information to any person not entitled or
authorized to receive the information.
(4) No state officer or state employee may intentionally
conceal a record if the officer or employee knew the record
was required to be released under chapter 42.17 RCW, was
under a personal obligation to release the record, and failed
to do so. This subsection does not apply where the decision
to withhold the record was made in good faith. [1996 c 213
§ 4; 1994 c 154 § 105.]
42.52.060 Testimony of state officers and state
employees. This chapter does not prevent a state officer or
state employee from giving testimony under oath or from
making statements required to be made under penalty of
perjury or contempt. [1994 c 154 § 106.]
42.52.070 Special privileges. Except as required to
perform duties within the scope of employment, no state
officer or state employee may use his or her position to
secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons.
[1994 c 154 § 107.]
42.52.080 Employment after public service. (1) No
former state officer or state employee may, within a period
of one year from the date of termination of state employment, accept employment or receive compensation from an
employer if:
(a) The officer or employee, during the two years
immediately preceding termination of state employment, was
engaged in the negotiation or administration on behalf of the
state or agency of one or more contracts with that employer
and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such
administration;
(b) Such a contract or contracts have a total value of
more than ten thousand dollars; and
(c) The duties of the employment with the employer or
the activities for which the compensation would be received
include fulfilling or implementing, in whole or in part, the
provisions of such a contract or contracts or include the
supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract
or contracts. This subsection shall not be construed to
prohibit a state officer or state employee from accepting
employment with a state employee organization.
(2) No person who has served as a state officer or state
employee may, within a period of two years following the
termination of state employment, have a direct or indirect
beneficial interest in a contract or grant that was expressly
authorized or funded by specific legislative or executive
[Title 42 RCW—page 81]
42.52.080
Title 42 RCW: Public Officers and Agencies
action in which the former state officer or state employee
participated.
(3) No former state officer or state employee may
accept an offer of employment or receive compensation from
an employer if the officer or employee knows or has reason
to believe that the offer of employment or compensation was
intended, in whole or in part, directly or indirectly, to
influence the officer or employee or as compensation or
reward for the performance or nonperformance of a duty by
the officer or employee during the course of state employment.
(4) No former state officer or state employee may
accept an offer of employment or receive compensation from
an employer if the circumstances would lead a reasonable
person to believe the offer has been made, or compensation
given, for the purpose of influencing the performance or
nonperformance of duties by the officer or employee during
the course of state employment.
(5) No former state officer or state employee may at any
time subsequent to his or her state employment assist another
person, whether or not for compensation, in any transaction
involving the state in which the former state officer or state
employee at any time participated during state employment.
This subsection shall not be construed to prohibit any
employee or officer of a state employee organization from
rendering assistance to state officers or state employees in
the course of employee organization business.
(6) As used in this section, "employer" means a person
as defined in RCW 42.52.010 or any other entity or business
that the person owns or in which the person has a controlling
interest. For purposes of subsection (1) of this section, the
term "employer" does not include a successor organization
to the rural development council under chapter 43.31 RCW.
[1999 c 299 § 3; 1994 c 154 § 108.]
42.52.090 Limited assistance by former state
officers and employees. This chapter shall not be construed
to prevent a former state officer or state employee from
rendering assistance to others if the assistance is provided
without compensation in any form and is limited to one or
more of the following:
(1) Providing the names, addresses, and telephone
numbers of state agencies or state employees;
(2) Providing free transportation to another for the
purpose of conducting business with a state agency;
(3) Assisting a natural person or nonprofit corporation
in obtaining or completing application forms or other forms
required by a state agency for the conduct of a state business; or
(4) Providing assistance to the poor and infirm. [1994
c 154 § 109.]
42.52.100 Conditions on appearance before state
agencies or doing business with the state—Hearing—
Judicial review. (1) The head of an agency, upon finding
that any former state officer or state employee of such
agency or any other person has violated any provision of this
chapter or rules adopted under it, may, in addition to any
other powers the head of such agency may have, bar or
impose reasonable conditions upon:
[Title 42 RCW—page 82]
(a) The appearance before such agency of such former
state officer or state employee or other person; and
(b) The conduct of, or negotiation or competition for,
business with such agency by such former state officer or
state employee or other person, such period of time as may
reasonably be necessary or appropriate to effectuate the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b)
of this section shall be made on record after notice and
hearing, conducted in accordance with the Washington
Administrative Procedure Act, chapter 34.05 RCW. Such
findings and orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches of government. [1994 c 154 § 110; 1969 ex.s.
c 234 § 27. Formerly RCW 42.18.270.]
42.52.110 Compensation for official duties or
nonperformance. No state officer or state employee may,
directly or indirectly, ask for or give or receive or agree to
receive any compensation, gift, reward, or gratuity from a
source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by
law except: (1) The state of Washington; or (2) in the case
of officers or employees of institutions of higher education
or of the Spokane intercollegiate research and technology
institute, a governmental entity, an agency or instrumentality
of a governmental entity, or a nonprofit corporation organized for the benefit and support of the state employee’s
agency or other state agencies pursuant to an agreement with
the state employee’s agency. [1996 c 213 § 5; 1994 c 154
§ 111.]
42.52.120 Compensation for outside activities. (1)
No state officer or state employee may receive any thing of
economic value under any contract or grant outside of his or
her official duties. The prohibition in this subsection does
not apply where the state officer or state employee has
complied with RCW 42.52.030(2) or each of the following
conditions are met:
(a) The contract or grant is bona fide and actually
performed;
(b) The performance or administration of the contract or
grant is not within the course of the officer’s or employee’s
official duties, or is not under the officer’s or employee’s
official supervision;
(c) The performance of the contract or grant is not
prohibited by RCW 42.52.040 or by applicable laws or rules
governing outside employment for the officer or employee;
(d) The contract or grant is neither performed for nor
compensated by any person from whom such officer or
employee would be prohibited by RCW 42.52.150(4) from
receiving a gift;
(e) The contract or grant is not one expressly created or
authorized by the officer or employee in his or her official
capacity;
(f) The contract or grant would not require unauthorized
disclosure of confidential information.
(2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may
have a beneficial interest in a grant or contract or a series of
(2002 Ed.)
Ethics in Public Service
substantially identical contracts or grants with a state agency
only if:
(a) The contract or grant is awarded or issued as a result
of an open and competitive bidding process in which more
than one bid or grant application was received; or
(b) The contract or grant is awarded or issued as a result
of an open and competitive bidding or selection process in
which the officer’s or employee’s bid or proposal was the
only bid or proposal received and the officer or employee
has been advised by the appropriate ethics board, before
execution of the contract or grant, that the contract or grant
would not be in conflict with the proper discharge of the
officer’s or employee’s official duties; or
(c) The process for awarding the contract or issuing the
grant is not open and competitive, but the officer or employee has been advised by the appropriate ethics board that the
contract or grant would not be in conflict with the proper
discharge of the officer’s or employee’s official duties.
(3) A state officer or state employee awarded a contract
or issued a grant in compliance with subsection (2) of this
section shall file the contract or grant with the appropriate
ethics board within thirty days after the date of execution;
however, if proprietary formulae, designs, drawings, or
research are included in the contract or grant, the proprietary
formulae, designs, drawings, or research may be deleted
from the contract or grant filed with the appropriate ethics
board.
(4) This section does not prevent a state officer or state
employee from receiving compensation contributed from the
treasury of the United States, another state, county, or
municipality if the compensation is received pursuant to
arrangements entered into between such state, county,
municipality, or the United States and the officer’s or
employee’s agency. This section does not prohibit a state
officer or state employee from serving or performing any
duties under an employment contract with a governmental
entity.
(5) As used in this section, "officer" and "employee" do
not include officers and employees who, in accordance with
the terms of their employment or appointment, are serving
without compensation from the state of Washington or are
receiving from the state only reimbursement of expenses
incurred or a predetermined allowance for such expenses.
[1997 c 318 § 1; 1996 c 213 § 6; 1994 c 154 § 112.]
42.52.130 Honoraria. (1) No state officer or state
employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state
employee.
(2) An agency may not permit honoraria under the
following circumstances:
(a) The person offering the honorarium is seeking or is
reasonably expected to seek contractual relations with or a
grant from the employer of the state officer or state employee, and the officer or employee is in a position to participate
in the terms or the award of the contract or grant;
(b) The person offering the honorarium is regulated by
the employer of the state officer or state employee and the
officer or employee is in a position to participate in the
regulation; or
(2002 Ed.)
42.52.120
(c) The person offering the honorarium (i) is seeking or
opposing or is reasonably likely to seek or oppose enactment
of legislation or adoption of administrative rules or actions,
or policy changes by the state officer’s or state employee’s
agency; and (ii) the officer or employee may participate in
the enactment or adoption. [1994 c 154 § 113.]
42.52.140 Gifts. No state officer or state employee
may receive, accept, take, seek, or solicit, directly or
indirectly, any thing of economic value as a gift, gratuity, or
favor from a person if it could be reasonably expected that
the gift, gratuity, or favor would influence the vote, action,
or judgment of the officer or employee, or be considered as
part of a reward for action or inaction. [1994 c 154 § 114.]
42.52.150 Limitations on gifts. (1) No state officer
or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an
aggregate value in excess of fifty dollars from a single
source in a calendar year or a single gift from multiple
sources with a value in excess of fifty dollars. For purposes
of this section, "single source" means any person, as defined
in RCW 42.52.010, whether acting directly or through any
agent or other intermediary, and "single gift" includes any
event, item, or group of items used in conjunction with each
other or any trip including transportation, lodging, and
attendant costs, not excluded from the definition of gift
under RCW 42.52.010. The value of gifts given to an
officer’s or employee’s family member or guest shall be
attributed to the official or employee for the purpose of
determining whether the limit has been exceeded, unless an
independent business, family, or social relationship exists
between the donor and the family member or guest.
(2) Except as provided in subsection (4) of this section,
the following items are presumed not to influence under
RCW 42.52.140, and may be accepted without regard to the
limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of
nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or
similar item;
(d) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer’s or
employee’s agency;
(e) Informational material, publications, or subscriptions
related to the recipient’s performance of official duties;
(f) Food and beverages consumed at hosted receptions
where attendance is related to the state officer’s or state
employee’s official duties;
(g) Admission to, and the cost of food and beverages
consumed at, events sponsored by or in conjunction with a
civic, charitable, governmental, or community organization;
and
(h) Unsolicited gifts from dignitaries from another state
or a foreign country that are intended to be personal in
nature.
[Title 42 RCW—page 83]
42.52.150
Title 42 RCW: Public Officers and Agencies
(3) The presumption in subsection (2) of this section is
rebuttable and may be overcome based on the circumstances
surrounding the giving and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this
section, a state officer or state employee of a regulatory
agency or of an agency that seeks to acquire goods or
services who participates in those regulatory or contractual
matters may receive, accept, take, or seek, directly or
indirectly, only the following items from a person regulated
by the agency or from a person who seeks to provide goods
or services to the agency:
(a) Unsolicited advertising or promotional items of
nominal value, such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or
similar item;
(c) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer’s or
employee’s agency;
(d) Informational material, publications, or subscriptions
related to the recipient’s performance of official duties;
(e) Food and beverages consumed at hosted receptions
where attendance is related to the state officer’s or state
employee’s official duties;
(f) Admission to, and the cost of food and beverages
consumed at, events sponsored by or in conjunction with a
civic, charitable, governmental, or community organization;
and
(g) Those items excluded from the definition of gift in
RCW 42.52.010 except:
(i) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in
an official capacity;
(ii) Payments for seminars and educational programs
sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or
institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in
the form of food and beverage on infrequent occasions in the
ordinary course of meals where attendance by the officer or
employee is related to the performance of official duties.
Gifts in the form of food and beverage that exceed fifty
dollars on a single occasion shall be reported as provided in
chapter 42.17 RCW. [1998 c 7 § 2; 1994 c 154 § 115.]
42.52.160 Use of persons, money, or property for
private gain. (1) No state officer or state employee may
employ or use any person, money, or property under the
officer’s or employee’s official control or direction, or in his
or her official custody, for the private benefit or gain of the
officer, employee, or another.
(2) This section does not prohibit the use of public
resources to benefit others as part of a state officer’s or state
employee’s official duties.
(3) The appropriate ethics boards may adopt rules
providing exceptions to this section for occasional use of the
state officer or state employee, of de minimis cost and value,
[Title 42 RCW—page 84]
if the activity does not result in interference with the proper
performance of public duties. [1996 c 213 § 7; 1994 c 154
§ 116; 1987 c 426 § 3. Formerly RCW 42.18.217.]
42.52.170 Giving, paying, loaning, etc., any thing of
economic value to state employee. No person shall give,
pay, loan, transfer, or deliver, directly or indirectly, to any
other person any thing of economic value believing or
having reason to believe that there exist circumstances
making the receipt thereof a violation of RCW 42.52.040,
42.52.110, 42.52.120, 42.52.140, or 42.52.150. [1994 c 154
§ 117; 1987 c 426 § 5; 1969 ex.s. c 234 § 23. Formerly
RCW 42.18.230.]
42.52.180 Use of public resources for political
campaigns. (1) No state officer or state employee may use
or authorize the use of facilities of an agency, directly or
indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or
opposition to a ballot proposition. Knowing acquiescence by
a person with authority to direct, control, or influence the
actions of the state officer or state employee using public
resources in violation of this section constitutes a violation
of this section. Facilities of an agency include, but are not
limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working
hours, vehicles, office space, publications of the agency, and
clientele lists of persons served by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes
the title and number of the ballot proposition, and (ii)
members of the legislative body or members of the public
are afforded an approximately equal opportunity for the
expression of an opposing view;
(b) A statement by an elected official in support of or
in opposition to any ballot proposition at an open press
conference or in response to a specific inquiry. For the
purposes of this subsection, it is not a violation of this
section for an elected official to respond to an inquiry
regarding a ballot proposition, to make incidental remarks
concerning a ballot proposition in an official communication,
or otherwise comment on a ballot proposition without an
actual, measurable expenditure of public funds. The ethics
boards shall adopt by rule a definition of measurable
expenditure;
(c) Activities that are part of the normal and regular
conduct of the office or agency; and
(d) De minimis use of public facilities by statewide
elected officials and legislators incidental to the preparation
or delivery of permissible communications, including written
and verbal communications initiated by them of their views
on ballot propositions that foreseeably may affect a matter
that falls within their constitutional or statutory responsibilities.
(2002 Ed.)
Ethics in Public Service
(3) As to state officers and employees, this section
operates to the exclusion of RCW 42.17.130. [1995 c 397
§ 30; 1994 c 154 § 118.]
Effective date—Captions—Severability—1995 c 397: See RCW
42.17.960 through 42.17.962.
42.52.185 Restrictions on mailings by legislators.
(1) During the twelve-month period beginning on December
1st of the year before a general election for a state
legislator’s election to office and continuing through November 30th immediately after the general election, the
legislator may not mail, either by regular mail or electronic
mail, to a constituent at public expense a letter, newsletter,
brochure, or other piece of literature, except as follows:
(a) The legislator may mail two mailings of newsletters
to constituents. All newsletters within each mailing of
newsletters must be identical as to their content but not as to
the constituent name or address. One such mailing may be
mailed no later than thirty days after the start of a regular
legislative session, except that a legislator appointed during
a regular legislative session to fill a vacant seat may have up
to thirty days from the date of appointment to send out the
first mailing. The other mailing may be mailed no later than
sixty days after the end of a regular legislative session.
(b) The legislator may mail an individual letter to (i) an
individual constituent who has contacted the legislator
regarding the subject matter of the letter during the
legislator’s current term of office; (ii) an individual constituent who holds a governmental office with jurisdiction over
the subject matter of the letter; or (iii) an individual constituent who has received an award or honor of extraordinary
distinction of a type that is sufficiently infrequent to be
noteworthy to a reasonable person, including, but not limited
to: (A) An international or national award such as the Nobel
prize or the Pulitzer prize; (B) a state award such as Washington scholar; (C) an Eagle Scout award; and (D) a Medal
of Honor.
(2) For purposes of subsection (1) of this section,
"legislator" means a legislator who is a "candidate," as
defined by RCW 42.17.020, for any public office.
(3) A violation of this section constitutes use of the
facilities of a public office for the purpose of assisting a
campaign under RCW 42.52.180.
(4) The house of representatives and senate shall
specifically limit expenditures per member for the total cost
of mailings. Those costs include, but are not limited to,
production costs, printing costs, and postage costs. The
limits imposed under this subsection apply only to the total
expenditures on mailings per member and not to any
categorical cost within the total.
(5) For purposes of this section, persons residing outside
the legislative district represented by the legislator are not
considered to be constituents, but students, military personnel, or others temporarily employed outside of the district
who normally reside in the district are considered to be constituents. [1997 c 320 § 1; 1995 c 397 § 5; 1993 c 2 § 25
(Initiative Measure No. 134, approved November 3, 1992).
Formerly RCW 42.17.132.]
42.52.190 Investments. (1) Except for permissible
investments as defined in this section, no state officer or
(2002 Ed.)
42.52.180
state employee of any agency responsible for the investment
of funds, who acts in a decision-making, advisory, or policyinfluencing capacity with respect to investments, may have
a direct or indirect interest in any property, security, equity,
or debt instrument of a person, without prior written approval of the agency.
(2) Agencies responsible for the investment of funds
shall adopt policies governing approval of investments and
establishing criteria to be considered in the approval process.
Criteria shall include the relationship between the proposed
investment and investments held or under consideration by
the state, the size and timing of the proposed investment,
access by the state officer or state employee to nonpublic
information relative to the proposed investment, and the
availability of the investment in the public market. Agencies
responsible for the investment of funds also shall adopt
policies consistent with this chapter governing use by their
officers and employees of financial information acquired by
virtue of their state positions. A violation of such policies
adopted to implement this subsection shall constitute a violation of this chapter.
(3) As used in this section, "permissible investments"
means any mutual fund, deposit account, certificate of
deposit, or money market fund maintained with a bank,
broker, or other financial institution, a security publicly
traded in an organized market if the interest in the security
at acquisition is ten thousand dollars or less, or an interest in
real estate, except if the real estate interest is in or with a
party in whom the agency holds an investment. [1994 c 154
§ 119.]
42.52.200 Agency rules. (1) Each agency may adopt
rules consistent with law, for use within the agency to
protect against violations of this chapter.
(2) Each agency proposing to adopt rules under this
section shall forward the rules to the appropriate ethics board
before they may take effect. The board may submit comments to the agency regarding the proposed rules. [1994 c
154 § 120.]
42.52.310 Legislative ethics board. (1) The legislative ethics board is created, composed of nine members,
selected as follows:
(a) Two senators, one from each of the two largest
caucuses, appointed by the president of the senate;
(b) Two members of the house of representatives, one
from each of the two largest caucuses, appointed by the
speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a
list of three individuals submitted by each of the four
legislative caucuses; and
(ii) One citizen member selected by three of the four
other citizen members of the legislative ethics board.
(2) Except for initial members and members completing
partial terms, nonlegislative members shall serve a single
five-year term.
(3) No more than three of the public members may be
identified with the same political party.
(4) Terms of initial nonlegislative board members shall
be staggered as follows: One member shall be appointed to
[Title 42 RCW—page 85]
42.52.310
Title 42 RCW: Public Officers and Agencies
a one-year term; one member shall be appointed to a twoyear term; one member shall be appointed to a three-year
term; one member shall be appointed to a four-year term;
and one member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same
manner as the original appointment.
(6) Legislative members shall serve two-year terms,
from January 31st of an odd-numbered year until January
31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her
appointment and until his or her successor is appointed.
(8) The citizen members shall annually select a chair
from among themselves. [1994 c 154 § 201.]
42.52.320 Authority of legislative ethics board. (1)
The legislative ethics board shall enforce this chapter and
rules adopted under it with respect to members and employees of the legislature.
(2) The legislative ethics board shall:
(a) Develop educational materials and training with
regard to legislative ethics for legislators and legislative
employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of
business by the board, and adopt rules defining working
hours for purposes of RCW 42.52.180 and where otherwise
authorized under chapter 154, Laws of 1994;
(d) Investigate, hear, and determine complaints by any
person or on its own motion;
(e) Impose sanctions including reprimands and monetary
penalties;
(f) Recommend suspension or removal to the appropriate legislative entity, or recommend prosecution to the
appropriate authority; and
(g) Establish criteria regarding the levels of civil
penalties appropriate for different types of violations of this
chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of
witnesses and the production of documentary evidence
relating to any matter under examination by the board or
involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) Subject to RCW 42.52.540, the board has jurisdiction over any alleged violation that occurred before January
1, 1995, and that was within the jurisdiction of any of the
boards established under *chapter 44.60 RCW. The board’s
jurisdiction with respect to any such alleged violation shall
be based on the statutes and rules in effect at [the] time of
the violation. [1994 c 154 § 202.]
*Reviser’s note: Chapter 44.60 RCW was repealed by 1994 c 154
§ 304, effective January 1, 1995.
42.52.330 Interpretation. By constitutional design,
the legislature consists of citizen-legislators who bring to
bear on the legislative process their individual experience
and expertise. The provisions of this chapter shall be
interpreted in light of this constitutional principle. [1994 c
154 § 203.]
[Title 42 RCW—page 86]
42.52.340 Transfer of jurisdiction. On January 1,
1995, any complaints or other matters under investigation or
consideration by the boards of legislative ethics in the house
of representatives and the senate operating pursuant to
*chapter 44.60 RCW shall be transferred to the legislative
ethics board created by RCW 42.52.310. All files, including
but not limited to minutes of meetings, investigative files,
records of proceedings, exhibits, and expense records, shall
be transferred to the legislative ethics board created in RCW
42.52.310 pursuant to their direction and the legislative ethics board created in RCW 42.52.310 shall assume full
jurisdiction over all pending complaints, investigations, and
proceedings. [1994 c 154 § 204.]
*Reviser’s note: Chapter 44.60 RCW was repealed by 1994 c 154
§ 304, effective January 1, 1995.
42.52.350 Executive ethics board. (1) The executive
ethics board is created, composed of five members, appointed by the governor as follows:
(a) One member shall be a classified service employee
as defined in chapter 41.06 RCW;
(b) One member shall be a state officer or state employee in an exempt position;
(c) One member shall be a citizen selected from a list
of three names submitted by the attorney general;
(d) One member shall be a citizen selected from a list
of three names submitted by the state auditor; and
(e) One member shall be a citizen selected at large by
the governor.
(2) Except for initial members and members completing
partial terms, members shall serve a single five-year term.
(3) No more than three members may be identified with
the same political party.
(4) Terms of initial board members shall be staggered
as follows: One member shall be appointed to a one-year
term; one member shall be appointed to a two-year term; one
member shall be appointed to a three-year term; one member
shall be appointed to a four-year term; and one member shall
be appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same
manner as the original appointment.
(6) Each member shall serve for the term of his or her
appointment and until his or her successor is appointed.
(7) The members shall annually select a chair from
among themselves.
(8) Staff shall be provided by the office of the attorney
general. [1994 c 154 § 205.]
42.52.360 Authority of executive ethics board. (1)
The executive ethics board shall enforce this chapter and
rules adopted under it with respect to statewide elected
officers and all other officers and employees in the executive
branch, boards and commissions, and institutions of higher
education.
(2) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of
business by the board, and adopt rules defining working
hours for purposes of RCW 42.52.180 and where otherwise
authorized under chapter 154, Laws of 1994;
(c) Issue advisory opinions;
(2002 Ed.)
Ethics in Public Service
(d) Investigate, hear, and determine complaints by any
person or on its own motion;
(e) Impose sanctions including reprimands and monetary
penalties;
(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil
penalties appropriate for violations of this chapter and rules
adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of
witnesses and the production of documentary evidence
relating to any matter under examination by the board or
involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) The executive ethics board may review and approve
agency policies as provided for in this chapter.
(5) This section does not apply to state officers and state
employees of the judicial branch. [1994 c 154 § 206.]
42.52.370 Authority of commission on judicial
conduct. The commission on judicial conduct shall enforce
this chapter and rules adopted under it with respect to state
officers and employees of the judicial branch and may do so
according to procedures prescribed in Article IV, section 31
of the state Constitution. In addition to the sanctions
authorized in Article IV, section 31 of the state Constitution,
the commission may impose sanctions authorized by this
chapter. [1994 c 154 § 207.]
42.52.380 Political activities of board members. (1)
No member of the executive ethics board may (a) hold or
campaign for partisan elective office other than the position
of precinct committeeperson, or any full-time nonpartisan
office; (b) be an officer of any political party or political
committee as defined in chapter 42.17 RCW other than the
position of precinct committeeperson; (c) permit his or her
name to be used, or make contributions, in support of or in
opposition to any state candidate or state ballot measure; or
(d) lobby or control, direct, or assist a lobbyist except that
such member may appear before any committee of the
legislature on matters pertaining to this chapter.
(2) No citizen member of the legislative ethics board
may (a) hold or campaign for partisan elective office other
than the position of precinct committeeperson, or any fulltime nonpartisan office; (b) be an officer of any political
party or political committee as defined in chapter 42.17
RCW, other than the position of precinct committeeperson;
(c) permit his or her name to be used, or make contributions,
in support of or in opposition to any legislative candidate,
any legislative caucus campaign committee that supports or
opposes legislative candidates, or any political action
committee that supports or opposes legislative candidates; or
(d) engage in lobbying in the legislative branch under
circumstances not exempt, under RCW 42.17.160, from
lobbyist registration and reporting.
(3) No citizen member of the legislative ethics board
may hold or campaign for a seat in the state house of
(2002 Ed.)
42.52.360
representatives or the state senate within two years of
serving on the board if the citizen member opposes an
incumbent who has been the respondent in a complaint
before the board. [1997 c 11 § 1; 1994 c 154 § 208.]
42.52.390 Hearing and subpoena authority. Except
as otherwise provided by law, the ethics boards may hold
hearings, subpoena witnesses, compel their attendance,
administer oaths, take the testimony of a person under oath,
and in connection therewith, to require the production for
examination of any books or papers relating to any matter
under investigation or in question before the ethics board.
The ethics board may make rules as to the issuance of
subpoenas by individual members, as to service of complaints, decisions, orders, recommendations, and other
process or papers of the ethics board. [1994 c 154 § 209.]
42.52.400 Enforcement of subpoena authority. In
case of refusal to obey a subpoena issued to a person, the
superior court of a county within the jurisdiction of which
the investigation, proceeding, or hearing under this chapter
is carried on or within the jurisdiction of which the person
refusing to obey is found or resides or transacts business,
upon application by the appropriate ethics board shall have
jurisdiction to issue to the person an order requiring the
person to appear before the ethics board or its member to
produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Failure to
obey such order of the court may be punished by the court
as contempt. [1994 c 154 § 210.]
42.52.410 Filing complaint. (1) A person may,
personally or by his or her attorney, make, sign, and file
with the appropriate ethics board a complaint on a form
provided by the appropriate ethics board. The complaint
shall state the name of the person alleged to have violated
this chapter or rules adopted under it and the particulars
thereof, and contain such other information as may be required by the appropriate ethics board.
(2) If it has reason to believe that any person has been
engaged or is engaging in a violation of this chapter or rules
adopted under it, an ethics board may issue a complaint.
[1994 c 154 § 211.]
42.52.420 Investigation. (1) After the filing of any
complaint, except as provided in RCW 42.52.450, the staff
of the appropriate ethics board shall investigate the complaint. The investigation shall be limited to the allegations
contained in the complaint.
(2) The results of the investigation shall be reduced to
writing and the staff shall either make a determination that
the complaint should be dismissed pursuant to RCW
42.52.425, or recommend to the board that there is or that
there is not reasonable cause to believe that a violation of
this chapter or rules adopted under it has been or is being
committed.
(3) The board’s determination on reasonable cause shall
be provided to the complainant and to the person named in
such complaint. [2000 c 211 § 1; 1994 c 154 § 212.]
[Title 42 RCW—page 87]
42.52.425
Title 42 RCW: Public Officers and Agencies
42.52.425 Dismissal of complaint. (1) Based on the
investigation conducted under RCW 42.52.420, and subject
to rules issued by each board, the staff of the appropriate
ethics board may issue an order of dismissal based on any of
the following findings:
(a) Any violation that may have occurred is not within
the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous;
or
(c) Any violation that may have occurred does not
constitute a material violation because it was inadvertent and
minor, or has been cured, and, after consideration of all of
the circumstances, further proceedings would not serve the
purposes of this chapter.
(2) Written notice of the determination under subsection
(1) of this section shall be provided to the complainant,
respondent, and the board. The written notice to the
complainant shall include a statement of the complainant’s
right to appeal to the board under subsection (3) of this
section.
(3) In the event that a complaint is dismissed under this
section, the complainant may request that the board review
the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause
to believe that a violation has been or is being committed.
(4) The board’s decision under subsection (3) of this
section shall be reduced to writing and provided to the
complainant and the respondent. [2000 c 211 § 2.]
42.52.430 Public hearing—Findings. (1) If the ethics
board determines there is reasonable cause under RCW
42.52.420 that a violation of this chapter or rules adopted
under it occurred, a public hearing on the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the
hearing. The case in support of the complaint shall be
presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the
complaint and appear at the hearing in person or otherwise,
with or without counsel, and submit testimony and be fully
heard. The respondent has the right to cross-examine
witnesses.
(4) Testimony taken at the hearing shall be under oath
and recorded.
(5) If, based upon a preponderance of the evidence, the
ethics board finds that the respondent has violated this
chapter or rules adopted under it, the board shall file an
order stating findings of fact and enforcement action as
authorized under this chapter.
(6) If, upon all the evidence, the ethics board finds that
the respondent has not engaged in an alleged violation of
this chapter or rules adopted under it, the ethics board shall
state findings of fact and shall similarly issue and file an
order dismissing the complaint.
(7) If the board makes a determination that there is not
reasonable cause to believe that a violation has been or is
being committed or has made a finding under subsection (6)
of this section, the attorney general shall represent the officer
or employee in any action subsequently commenced based
on the alleged facts in the complaint. [1994 c 154 § 213.]
42.52.440 Review of order. Except as otherwise
provided by law, reconsideration or judicial review of an
ethics board’s order that a violation of this chapter or rules
adopted under it has occurred shall be governed by the
provisions of chapter 34.05 RCW applicable to review of
adjudicative proceedings. [1994 c 154 § 214.]
42.52.450 Complaint against legislator or statewide
elected official. (1) If a complaint alleges a violation of
RCW 42.52.180 by a legislator or statewide elected official
other than the attorney general, the attorney general shall
conduct the investigation under RCW 42.52.420 and recommend action to the appropriate ethics board.
(2) If a complaint alleges a violation of RCW 42.52.180
by the attorney general, the state auditor shall conduct the
investigation under RCW 42.52.420 and recommend action
to the appropriate ethics board. [1994 c 154 § 215.]
42.52.460 Citizen actions. Any person who has
notified the appropriate ethics board and the attorney general
in writing that there is reason to believe that RCW 42.52.180
is being or has been violated may, in the name of the state,
bring a citizen action for any of the actions authorized under
this chapter. A citizen action may be brought only if the
appropriate ethics board or the attorney general have failed
to commence an action under this chapter within forty-five
days after notice from the person, the person has thereafter
notified the appropriate ethics board and the attorney general
that the person will commence a citizen’s action within ten
days upon their failure to commence an action, and the
appropriate ethics board and the attorney general have in fact
failed to bring an action within ten days of receipt of the
second notice.
If the person who brings the citizen’s action prevails,
the judgment awarded shall escheat to the state, but the
person shall be entitled to be reimbursed by the state of
Washington for costs and attorneys’ fees incurred. If a
citizen’s action that the court finds was brought without
reasonable cause is dismissed, the court may order the
person commencing the action to pay all costs of trial and
reasonable attorneys’ fees incurred by the defendant.
Upon commencement of a citizen action under this
section, at the request of a state officer or state employee
who is a defendant, the office of the attorney general shall
represent the defendant if the attorney general finds that the
defendant’s conduct complied with this chapter and was
within the scope of employment. [1994 c 154 § 216.]
42.52.470 Referral for enforcement. As appropriate,
an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed
resolution which shall be referred back to the appropriate
ethics board for action; or
(2) To the attorney general’s office or prosecutor for
appropriate action. [1994 c 154 § 217.]
42.52.480 Action by boards. (1) Except as otherwise
provided by law, an ethics board may order payment of the
[Title 42 RCW—page 88]
(2002 Ed.)
Ethics in Public Service
following amounts if it finds a violation of this chapter or
rules adopted under it after a hearing under RCW 42.52.370
or other applicable law:
(a) Any damages sustained by the state that are caused
by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five
thousand dollars per violation or three times the economic
value of any thing received or sought in violation of this
chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs,
which shall be included as part of the limit under (b) of this
subsection. The costs may not exceed the penalty imposed.
The payment owed on the penalty shall be reduced by the
amount of the costs paid.
(2) Damages under this section may be enforced in the
same manner as a judgment in a civil case. [1994 c 154 §
218.]
42.52.490 Action by attorney general. (1) Upon a
written determination by the attorney general that the action
of an ethics board was clearly erroneous or if requested by
an ethics board, the attorney general may bring a civil action
in the superior court of the county in which the violation is
alleged to have occurred against a state officer, state employee, former state officer, former state employee, or other
person who has violated or knowingly assisted another
person in violating any of the provisions of this chapter or
the rules adopted under it. In such action the attorney
general may recover the following amounts on behalf of the
state of Washington:
(a) Any damages sustained by the state that are caused
by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five
thousand dollars per violation or three times the economic
value of any thing received or sought in violation of this
chapter or the rules adopted under it, whichever is greater;
and
(c) Costs, including reasonable investigative costs,
which shall be included as part of the limit under (b) of this
subsection. The costs may not exceed the penalty imposed.
The payment owed on the penalty shall be reduced by the
amount of the costs paid.
(2) In any civil action brought by the attorney general
upon the basis that the attorney general has determined that
the board’s action was clearly erroneous, the court shall not
proceed with the action unless the attorney general has first
shown, and the court has found, that the action of the board
was clearly erroneous. [1994 c 154 § 219.]
42.52.500 Optional hearings by administrative law
judge. If an ethics board finds that there is reasonable cause
to believe that a violation has occurred, the board shall
consider the possibility of the alleged violator having to pay
a total amount of penalty and costs of more than five
hundred dollars. Based on such consideration, the board
may give the person who is the subject of the complaint the
option to have an administrative law judge conduct the
hearing and rule on procedural and evidentiary matters. The
board may also, on its own initiative, provide for retaining
an administrative law judge. An ethics board may not
require total payment of more than five hundred dollars in
(2002 Ed.)
42.52.480
penalty and costs in any case where an administrative law
judge is not used and the board did not give such option to
the person who is the subject of the complaint. [1994 c 154
§ 220.]
42.52.510 Rescission of state action. (1) The
attorney general may, on request of the governor or the
appropriate agency, and in addition to other available rights
of rescission, bring an action in the superior court of
Thurston county to cancel or rescind state action taken by a
state officer or state employee, without liability to the state
of Washington, contractual or otherwise, if the governor or
ethics board has reason to believe that: (a) A violation of
this chapter or rules adopted under it has substantially
influenced the state action, and (b) the interest of the state
requires the cancellation or rescission. The governor may
suspend state action pending the determination of the merits
of the controversy under this section. The court may permit
persons affected by the governor’s actions to post an
adequate bond pending such resolution to ensure compliance
by the defendant with the final judgment, decree, or other
order of the court.
(2) This section does not limit other available remedies.
[1994 c 154 § 221.]
42.52.520 Disciplinary action. (1) A violation of this
chapter or rules adopted under it is grounds for disciplinary
action.
(2) The procedures for any such action shall correspond
to those applicable for disciplinary action for employee
misconduct generally; for those state officers and state
employees not specifically exempted in chapter 41.06 RCW,
the rules set forth in chapter 41.06 RCW shall apply. Any
action against the state officer or state employee shall be
subject to judicial review to the extent provided by law for
disciplinary action for misconduct of state officers and state
employees of the same category and grade. [1994 c 154 §
222; 1969 ex.s. c 234 § 26. Formerly RCW 42.18.260.]
42.52.530 Additional investigative authority. In
addition to other authority under this chapter, the attorney
general may investigate persons not under the jurisdiction of
an ethics board whom the attorney general has reason to
believe were involved in transactions in violation of this
chapter or rules adopted under it. [1994 c 154 § 223.]
42.52.540 Limitations period. Any action taken
under this chapter must be commenced within five years
from the date of the violation. However, if it is shown that
the violation was not discovered because of concealment by
the person charged, then the action must be commenced
within two years from the date the violation was discovered
or reasonably should have been discovered: (1) By any
person with direct or indirect supervisory responsibilities
over the person who allegedly committed the violation; or
(2) if no person has direct or indirect supervisory authority
over the person who committed the violation, by the appropriate ethics board. [1994 c 154 § 224.]
42.52.550 Compensation of ethics boards. The
citizen members of the legislative ethics board and the
[Title 42 RCW—page 89]
42.52.550
Title 42 RCW: Public Officers and Agencies
members of the executive ethics board shall be compensated
as provided in RCW 43.03.250 and reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
Legislator members of the legislative ethics board shall be
reimbursed as provided in RCW 44.04.120. [1994 c 154 §
227.]
to supplement existing laws as may relate to the same
subject. [1994 c 154 § 301.]
42.52.800 Exemptions—Solicitation for state capitol
historic furnishings and preservation and restoration of
state legislative building. (1) When soliciting charitable
gifts, grants, or donations solely for the limited purposes of
RCW 27.48.040, members of the capitol furnishings preservation committee are exempt from the laws of this chapter.
(2) When soliciting charitable gifts, grants, or donations
solely for the limited purposes of RCW 27.48.050 or when
assisting a nonprofit foundation established for the purposes
of RCW 27.48.050, state officers and state employees are
exempt from the laws of this chapter. [2002 c 167 § 3;
1999 c 343 § 4.]
42.52.903 Serving on board, committee, or commission not prevented. Nothing in this chapter shall be
interpreted to prevent a member of a board, committee, advisory commission, or other body required or permitted by
statute to be appointed from any identifiable group or
interest, from serving on such body in accordance with the
intent of the legislature in establishing such body. [1969
ex.s. c 234 § 33. Formerly RCW 42.18.330.]
Findings—Effective date—2002 c 167: See notes following RCW
27.48.050.
Findings—Purpose—1999 c 343: See note following RCW
27.48.040.
42.52.900 Legislative declaration. Government
derives its powers from the people. Ethics in government
are the foundation on which the structure of government
rests. State officials and employees of government hold a
public trust that obligates them, in a special way, to honesty
and integrity in fulfilling the responsibilities to which they
are elected and appointed. Paramount in that trust is the
principle that public office, whether elected or appointed,
may not be used for personal gain or private advantage.
The citizens of the state expect all state officials and
employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to
conduct the business of the state only in a manner that
advances the public’s interest. State officials and employees
are subject to the sanctions of law and scrutiny of the media;
ultimately, however, they are accountable to the people and
must consider this public accountability as a particular
obligation of the public service. Only when affairs of
government are conducted, at all levels, with openness as
provided by law and an unswerving commitment to the
public good does government work as it should.
The obligations of government rest equally on the
state’s citizenry. The effectiveness of government depends,
fundamentally, on the confidence citizens can have in the
judgments and decisions of their elected representatives.
Citizens, therefore, should honor and respect the principles
and the spirit of representative democracy, recognizing that
both elected and appointed officials, together with state
employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such
service merits public recognition and support.
All who have the privilege of working for the people of
Washington state can have but one aim: To give the highest
public service to its citizens. [1994 c 154 § 1.]
42.52.902 Parts and captions not law—1994 c 154.
Parts and captions used in this act do not constitute any part
of the law. [1994 c 154 § 302.]
42.52.904 Effective date—1994 c 154. Sections 101
through 121, 203, 204, 207 through 224, and 301 through
317 of this act shall take effect January 1, 1995. [1994 c
154 § 319.]
42.52.905 Severability—1994 c 154. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 154 § 320.]
42.52.901 Liberal construction. This chapter shall be
construed liberally to effectuate its purposes and policy and
[Title 42 RCW—page 90]
(2002 Ed.)
Title 43
STATE GOVERNMENT—EXECUTIVE
Chapters
43.01
43.03
43.04
43.05
43.06
43.06A
43.07
43.08
43.09
43.10
43.12
43.17
43.19
43.19A
43.20
43.20A
43.20B
43.21A
43.21B
43.21C
43.21E
43.21F
43.21G
43.21H
43.21I
43.21J
43.21K
43.22
43.23
43.24
43.27A
43.30
43.31
43.31A
43.31C
43.32
43.33
43.33A
43.34
43.37
43.41
43.42
43.43
43.46
43.52
(2002 Ed.)
43.52A
State officers—General provisions.
Salaries and expenses.
Use of state seal.
Technical assistance programs.
Governor.
Office of the family and children’s ombudsman.
Secretary of state.
State treasurer.
State auditor.
Attorney general.
Commissioner of public lands.
Administrative departments and agencies—
General provisions.
Department of general administration.
Recycled product procurement.
State board of health.
Department of social and health services.
Revenue recovery for department of social
and health services.
Department of ecology.
Environmental hearings office—Pollution
control hearings board.
State environmental policy.
Grass burning research advisory committee.
State energy office.
Energy supply emergencies, alerts.
State economic policy.
Oil spill prevention program.
Environmental and forest restoration projects.
Environmental excellence program
agreements.
Department of labor and industries.
Department of agriculture.
Department of licensing.
Water resources.
Department of natural resources.
Department of community, trade, and economic development.
Economic assistance act of 1972.
Community empowerment zones.
County roads design standards.
State finance committee.
State investment board.
Capitol committee.
Weather modification.
Office of financial management.
Office of permit assistance.
Washington state patrol.
Arts commission.
Operating agencies.
43.56
43.58
43.59
43.60A
43.61
43.62
43.63A
43.63B
43.70
43.72
43.75
43.78
43.79
43.79A
43.80
43.81
43.82
43.83
43.83A
43.83B
43.83C
43.83D
43.83F
43.83H
43.83I
43.84
43.85
43.86A
43.88
43.88A
43.88C
43.89
43.92
43.96B
43.97
43.99A
43.99B
43.99C
43.99D
43.99E
Electric power and conservation planning
council—State’s members.
Uniform legislation commission.
Washington-Oregon boundary commission.
Traffic safety commission.
Department of veterans affairs.
Veterans’ rehabilitation council.
Determination of populations—Student enrollments.
Department of community, trade, and economic development.
Mobile and manufactured home installation.
Department of health.
Health system reform—Health services commission.
State building authority—Indebtedness—
Refunding—Bond issue.
Public printer—Public printing.
State funds.
Treasurer’s trust fund.
Fiscal agencies.
State-owned living facilities.
State agency housing.
Capital improvements.
Waste disposal facilities bond issue.
Water supply facilities.
Recreation improvements bond issue.
Social and health services facilities 1972 bond
issue.
Capitol facilities revenue bonds, 1969—East
capitol site bonds, 1969.
Social and health services facilities—Bond
issues.
Department of fisheries—Bond issues.
Investments and interfund loans.
State depositaries.
Surplus funds—Investment program.
State budgeting, accounting, and reporting
system.
Legislative fiscal notes.
Caseload forecast council.
Teletypewriter communications network.
Geological survey.
Expo ’74—Bond issue.
Columbia River Gorge Compact.
Outdoor recreational areas and facilities—
1967 bond act (Referendum 18).
Outdoor recreational areas and facilities—
Bond issues.
Handicapped facilities bond issue (Referendum 37).
Water supply facilities—1979 bond issue.
Water supply facilities—1980 bond issue
(Referendum 38).
[Title 43 RCW—page 1]
Title 43
43.99F
43.99G
43.99H
43.99I
43.99J
43.99K
43.99L
43.99M
43.99N
43.99P
43.99Q
43.101
43.103
43.105
43.110
43.113
43.115
43.117
43.121
43.126
43.130
43.131
43.132
43.133
43.135
43.136
43.140
43.143
43.145
43.146
43.147
43.150
43.155
43.157
43.160
43.163
43.165
43.168
43.170
Title 43 RCW: State Government—Executive
Waste disposal facilities—1980 bond issue
(Referendum 39).
Bonds for capital projects.
Financing for appropriations—1989-1991
biennium.
Financing for appropriations—1991-1993
biennium.
Financing for appropriations—1993-1995
biennium.
Financing for appropriations—1995-1997
biennium.
Financing for appropriations—1997-1999
biennium.
Bond retirement accounts.
Stadium and exhibition center bond issue
(Referendum 48).
Financing for appropriations—1999-2001
biennium.
Financing for appropriations—2001-2003
biennium.
Criminal justice training commission—
Education and training standards boards.
Washington state forensic investigations
council.
Department of information services.
Municipal research council.
Commission on African-American affairs.
State commission on Hispanic affairs.
State commission on Asian Pacific American
affairs.
Council for the prevention of child abuse and
neglect.
Geographic names.
Economic impact act—Closing of state facilities.
Washington sunset act of 1977.
Fiscal impact of proposed legislation on
political subdivisions.
Washington sunrise act.
State expenditures limitations.
Termination of tax preferences.
Geothermal energy.
Ocean resources management act.
Northwest interstate compact on low-level
radioactive waste management.
Pacific states agreement on radioactive material transportation management.
Pacific Northwest economic region agreement.
Center for volunteerism and citizen service.
Public works projects.
Industrial projects of statewide significance.
Economic development—Public facilities
loans and grants.
Economic development finance authority.
Community revitalization team—Assistance
to distressed areas.
Washington state development loan fund
committee.
Small business innovators’ opportunity program.
[Title 43 RCW—page 2]
43.172
Minority and women-owned businesses—
Small business bonding assistance program.
43.175
Governor’s small business improvement
council.
43.180
Housing finance commission.
43.185
Housing assistance program.
43.185A Affordable housing program.
43.185B Washington housing policy act.
43.190
Long-term care ombudsman program.
43.200
Radioactive waste act.
43.205
High-level nuclear waste repository siting.
43.210
Small business export finance assistance
center.
43.220
Washington conservation corps.
43.235
Domestic violence fatality review panels.
43.250
Investment of local government funds.
43.270
Community mobilization against substance
abuse.
43.280
Community treatment services for victims of
sex offenders.
43.290
Office of international relations and protocol.
43.300
Department of fish and wildlife.
43.310
Youth gangs.
43.320
Department of financial institutions.
43.330
Department of community, trade, and economic development.
43.332
Office of the Washington state trade representative.
43.340
Tobacco settlement authority.
43.950
Construction.
Bar association, Washington state: Chapter 2.48 RCW.
Discrimination, human rights commission: Chapter 49.60 RCW.
Education, board of: Chapter 28A.305 RCW.
Employment security department: Chapter 50.08 RCW.
Energy facility site evaluation council: RCW 80.50.030.
Fish and wildlife commission: Title 77 RCW.
Fish and wildlife department: Chapter 77.04 RCW.
Horse racing commission: Chapter 67.16 RCW.
Infractions: Chapter 7.84 RCW.
Insurance commissioner: RCW 48.02.010.
Liquor control board: Chapter 66.08 RCW.
Personnel, department of: RCW 41.06.030.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public employment relations commission: Chapter 41.56 RCW.
Radiation control agency: RCW 70.98.050 through 70.98.200.
Retirement systems, department of: Chapter 41.50 RCW.
Transportation, department of: Chapter 47.01 RCW.
Utilities and transportation commission: Chapter 80.01 RCW.
Vital statistics bureau: State Constitution Art. 20 § 1.
Chapter 43.01
STATE OFFICERS—GENERAL PROVISIONS
Sections
43.01.010
43.01.015
43.01.020
43.01.035
Terms of office.
Governor, lieutenant governor—Terms limited.
Oath of office.
Reports—Periods to be covered.
(2002 Ed.)
State Officers—General Provisions
43.01.040
Vacations—Computation and accrual—Transfer—Statement
of necessity required for extension of unused leave.
43.01.041 Accrued vacation leave—Payment upon termination of employment.
43.01.042 Vacations—State institutions of higher learning.
43.01.043 Vacations—Rules and regulations.
43.01.044 Vacations—Accumulation of leave in excess of thirty days
authorized without statement of necessity—
Requirements of statement of necessity.
43.01.045 Vacations—Provisions not applicable to officers and employees of state convention and trade center.
43.01.050 Daily remittance of moneys to treasury—Undistributed receipts account—Use.
43.01.060 Daily remittance of moneys to treasury—Treasurer’s duty on
default.
43.01.070 Daily remittance of moneys to treasury—Liability of officers
for noncompliance.
43.01.072 Refund of fees or other payments collected by state.
43.01.073 Refund of fees or other payments collected by state—
Voucher.
43.01.074 Refund of fees or other payments collected by state—
Warrant.
43.01.075 Refund of fees or other payments collected by state—
Limitation where amount is two dollars or less.
43.01.090 Departments to share occupancy costs—Capital projects
surcharge.
43.01.091 Departments to share debt service costs.
43.01.100 Application forms—Employment—Licenses—Mention of
race or religion prohibited.
43.01.110 Penalty for violation of RCW 43.01.100.
43.01.120 Accidental death and dismemberment coverage during aircraft flights for state officers, employees, and legislators.
43.01.125 Duty to identify employees whose performance warrants
termination from employment.
43.01.150 Power to employ or appoint personnel not to include authority to provide state owned or leased motor vehicle.
43.01.160 State publications to be in gender-neutral terms—
Exception—Effect of noncompliance.
43.01.200 Facilitating recovery from Mt. St. Helens eruption—
Legislative findings—Purpose.
43.01.210 Facilitating recovery from Mt. St. Helens eruption—Scope
of state agency action.
43.01.215 Facilitating recovery from Mt. St. Helens eruption—
Precedence of court proceedings under RCW
43.01.210—Finality of order under RCW 8.04.070—
Appeal.
43.01.220 Commute trip reduction—Parking revenue—Definitions.
43.01.225 Commute trip reduction—Parking revenue—State vehicle
parking account.
43.01.230 Commute trip reduction—Use of public funds.
43.01.235 Commute trip reduction—Higher education institutions—
Exemption.
43.01.236 Commute trip reduction—Institutions of higher education—
Exemption.
43.01.240 State agency parking account—Parking rental fees—
Employee parking, limitations.
Abolition of certain offices by legislature: State Constitution Art. 3 § 25.
Accounts, falsifying: RCW 42.20.070.
Actions against, defense by state: RCW 4.92.060, 4.92.070, 4.92.090
through 4.92.160, 10.01.150.
Boards and commissions, termination: RCW 43.41.220.
Bribery: State Constitution Art. 2 § 30; chapters 9.18, 9A.68 RCW.
Campaign financing, disclosure: Chapter 42.17 RCW.
Civil service law: Chapter 41.06 RCW.
Civil service rights preserved when elective office assumed: RCW
41.04.120.
Collection agency use by state: RCW 19.16.500.
Compensation not to be changed during term: State Constitution Art. 2 §
25, Art. 3 § 25, Art. 28 § 1.
Continuity of government during emergency periods: State Constitution
Art. 2 § 42; chapter 42.14 RCW.
Debts owed to state, interest rate: RCW 43.17.240.
(2002 Ed.)
Chapter 43.01
Elections
contested: State Constitution Art. 3 § 4.
time of: State Constitution Art. 6 § 8.
Ethics provisions: Chapter 42.52 RCW.
Expense accounts, falsifying: RCW 9A.60.050.
Expenses and per diem: RCW 43.03.050.
False personation of public officer: RCW 42.20.030.
Free transportation prohibited: State Constitution Art. 2 § 39, Art. 12 § 20.
Grand jury inquiry as to misconduct: RCW 10.27.100.
Hospitalization and medical aid for employees and dependents: RCW
41.04.180, 41.04.190.
Impeachment, who liable to: State Constitution Art. 5 § 2.
Information to be furnished to governor in writing: State Constitution Art.
3 § 5.
Interchange of personnel between federal and state agencies: RCW
41.04.140 through 41.04.170.
Interfering with law enforcement officer: RCW 9A.76.020.
Intrusion into public office without authority: RCW 42.20.030.
Jury duty, exemption from: RCW 2.36.080.
Limitations of actions: Chapter 4.16 RCW.
Meetings, open to public: Chapter 42.30 RCW, RCW 42.32.030.
Mileage allowance: RCW 43.03.060.
Military leaves of absence: RCW 38.40.060.
Misappropriation of funds or property: RCW 40.16.020, 42.20.070,
42.20.090.
Misconduct of public officers: Chapter 42.20 RCW.
Misfeasance in office: RCW 42.20.100.
Neglect of duty: RCW 42.20.100.
Office hours, state officers: RCW 42.04.060.
Passes, acceptance and use prohibited: State Constitution Art. 2 § 39, Art.
12 § 20.
Performing duties without authority: RCW 42.20.030.
Postage, periodicals, purchase by governmental agencies, payment: RCW
42.24.035.
Privileged communications: RCW 5.60.060.
Purchasing, acceptance of benefits or gifts by state officers prohibited:
RCW 42.20.020, 43.19.1937.
Qualifications: State Constitution Art. 3 § 25; RCW 42.04.020.
Quo warranto proceedings: Chapter 7.56 RCW.
Recall of elective officers: State Constitution Art. 1 § 33.
Records and documents, destroying, falsifying, misappropriation: RCW
40.16.020, 42.20.040.
Records to be kept at seat of government: State Constitution Art. 3 § 24.
Refusing to pay over money received: RCW 42.20.070.
Residence requirement during term: State Constitution Art. 3 § 24.
Resignations, to whom made: RCW 42.12.020.
Retirement system, state employees: Chapter 41.40 RCW.
Salaries and expenses: Chapter 43.03 RCW.
Seal, refusing to surrender to successor: RCW 42.20.030.
Successor, refusing to surrender office to: RCW 42.20.030.
Supreme court jurisdiction as to state officers, writs: RCW 2.04.010.
Terms: State Constitution Art. 3 § 3.
Tort claims against state: Chapter 4.92 RCW.
Usurpation of office, quo warranto proceedings: Chapter 7.56 RCW.
Venue of actions against: RCW 4.12.020.
Wage deductions for charitable contributions: RCW 41.04.035, 41.04.036.
43.01.010 Terms of office. The governor, lieutenant
governor, secretary of state, treasurer, auditor, attorney
general, superintendent of public instruction, commissioner
of public lands, and insurance commissioner, shall hold
[Title 43 RCW—page 3]
43.01.010
Title 43 RCW: State Government—Executive
office for the term of four years, and until their successors
are elected and qualified; and the term shall commence on
the Wednesday after the second Monday of January following their election. [1965 c 8 § 43.01.010. Prior: 1891 c 82
§ 1; RRS § 10980.]
Term of person elected to fill vacancy: RCW 42.12.030.
Terms of office: State Constitution Art. 3 § 3.
Vacancies in office: Chapter 42.12 RCW.
43.01.015 Governor, lieutenant governor—Terms
limited. (1) No person is eligible to appear on the ballot or
file a declaration of candidacy for governor who, by the end
of the then current term of office will have served, or but for
resignation would have served, as governor during eight of
the previous fourteen years.
(2) No person is eligible to appear on the ballot or file
a declaration of candidacy for lieutenant governor who, by
the end of the then current term of office will have served,
or but for resignation would have served, as lieutenant
governor during eight of the previous fourteen years. [1993
c 1 § 2 (Initiative Measure No. 573, approved November 3,
1992).]
Preamble—1993 c 1 (Initiative Measure No. 573): "The people of
the state of Washington find that:
(1) The people will best be served by citizen legislators who are
subject to a reasonable degree of rotation in office;
(2) Entrenched incumbents have become indifferent to the conditions
and concerns of the people;
(3) Entrenched incumbents have an inordinate advantage in elections
because of their control of campaign finance laws and gerrymandering of
electoral districts;
(4) Entrenched incumbency has discouraged qualified citizens from
seeking public office;
(5) Entrenched incumbents have become preoccupied with their own
reelection and devote more effort to campaigning than to making legislative
decisions for the benefit of the people;
(6) Entrenched incumbents have become closely aligned with special
interest groups who provide contributions and support for their reelection
campaigns, give entrenched incumbents special favors, and lobby office
holders for special interest legislation to the detriment of the people of this
state, and may create corruption or the appearance of corruption of the
legislative system;
(7) The people of Washington have a compelling interest in preventing
the self-perpetuating monopoly of elective office by a dynastic ruling class.
The people of the state of Washington therefore adopt this act to limit
ballot access of candidates for state and federal elections." [1993 c 1 § 1
(Initiative Measure No. 573, approved November 3, 1992).]
Severability—1993 c 1 (Initiative Measure No. 573): "If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1993 c 1 § 10 (Initiative
Measure No. 573, approved November 3, 1992).]
43.01.020 Oath of office. The governor, lieutenant
governor, secretary of state, treasurer, auditor, attorney
general, superintendent of public instruction, commissioner
of public lands, and insurance commissioner, shall, before
entering upon the duties of their respective offices, take and
subscribe an oath or affirmation in substance as follows: I
do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of
the state of Washington, and that I will faithfully discharge
the duties of the office of (name of office) to the best of my
ability.
The oath or affirmation shall be administered by one of
the justices of the supreme court at the capitol. A certificate
[Title 43 RCW—page 4]
shall be affixed thereto by the person administering the oath,
and the oath or affirmation so certified shall be filed in the
office of the secretary of state before the officer shall be
qualified to discharge any official duties: PROVIDED, That
the oath of the secretary of state shall be filed in the office
of the state auditor. [1965 c 8 § 43.01.020. Prior: 1909 c
43 § 1; RRS § 10981.]
Attorney general, oath of office: RCW 43.10.010.
Commissioner of public lands, oaths of employees: RCW 79.01.056,
79.01.068.
Court commissioners, oath of office: RCW 2.24.020.
Election officials, oaths required: RCW 29.45.080 through 29.45.110.
Engineers and land surveyors’ board of registration, oath required: RCW
18.43.030.
Horse racing commission, oath of office: RCW 67.16.012.
Judges of superior court, oath of office: State Constitution Art. 4 § 28;
RCW 2.08.080, 2.08.180.
Judges of supreme court, oath of office: State Constitution Art. 4 § 28;
RCW 2.04.080.
Liquor control board, oath of office: RCW 66.08.014.
Militia, oath of office: RCW 38.12.150, 38.12.160.
Oaths, mode of administering: State Constitution Art. 1 § 6.
Perjury, oath defined: RCW 9A.72.010.
State administrative officers, oath required: RCW 43.17.030.
State auditor, oath of office: RCW 43.09.010.
State treasurer, oath of office: RCW 43.08.020.
Subversive activities, oath required of public officers and employees: RCW
9.81.070.
University of Washington, board of regents, oath required: RCW
28B.10.520.
Utilities and transportation commission: RCW 80.01.020.
Washington State University, board of regents: RCW 28B.10.520.
43.01.035 Reports—Periods to be covered. All
biennial reports to the legislature and the governor shall
cover the period comprising the first full fiscal year of the
then current biennium and the last full fiscal year of the
biennium immediately preceding. All annual reports to the
governor shall cover the full fiscal year immediately preceding the date of said report. [1965 c 8 § 43.01.035. Prior:
1953 c 184 § 3.]
43.01.040 Vacations—Computation and accrual—
Transfer—Statement of necessity required for extension
of unused leave. Each subordinate officer and employee of
the several offices, departments, and institutions of the state
government shall be entitled under their contract of employment with the state government to not less than one working
day of vacation leave with full pay for each month of
employment if said employment is continuous for six
months.
Each such subordinate officer and employee shall be
entitled under such contract of employment to not less than
one additional working day of vacation with full pay each
year for satisfactorily completing the first two, three and five
continuous years of employment respectively.
Such part time officers or employees of the state
government who are employed on a regular schedule of
duration of not less than one year shall be entitled under
their contract of employment to that fractional part of the
vacation leave that the total number of hours of such
(2002 Ed.)
State Officers—General Provisions
employment bears to the total number of hours of full time
employment.
Each subordinate officer and employee of the several
offices, departments and institutions of the state government
shall be entitled under his contract of employment with the
state government to accrue unused vacation leave not to
exceed thirty working days. Officers and employees
transferring within the several offices, departments and
institutions of the state government shall be entitled to
transfer such accrued vacation leave to each succeeding state
office, department or institution. All vacation leave shall be
taken at the time convenient to the employing office,
department or institution: PROVIDED, That if a subordinate
officer’s or employee’s request for vacation leave is deferred
by reason of the convenience of the employing office,
department or institution, and a statement of the necessity
therefor is filed by such employing office, department or
institution with the appropriate personnel board or other state
agency or officer, then the aforesaid maximum thirty
working days of accrued unused vacation leave shall be
extended for each month said leave is so deferred. [1984 c
184 § 19; 1982 1st ex.s. c 51 § 2; 1965 ex.s. c 13 § 1; 1965
c 8 § 43.01.040. Prior: 1955 c 140 § 1; 1921 c 7 § 133;
RRS § 10891.]
Severability—1984 c 184: See note following RCW 41.50.150.
Savings—1982 1st ex.s. c 51: "This act shall not have the effect of
terminating or modifying any rights acquired under a contract in existence
prior to the effective date of this act." [1982 1st ex.s. c 51 § 4.]
Effective date—1982 1st ex.s. c 51: "This act shall take effect July
1, 1982." [1982 1st ex.s. c 51 § 5.]
Severability—1982 1st ex.s. c 51: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 51 § 6.]
Military leaves of absence: RCW 38.40.060.
43.01.041 Accrued vacation leave—Payment upon
termination of employment. Officers and employees
referred to in RCW 43.01.040 whose employment is terminated by their death, reduction in force, resignation, dismissal, or retirement, and who have accrued vacation leave as
specified in RCW 43.01.040 or 43.01.044, shall be paid
therefor under their contract of employment, or their estate
if they are deceased, or if the employee in case of voluntary
resignation has provided adequate notice of termination.
Annual leave accumulated under RCW 43.01.044 is not to
be included in the computation of retirement benefits.
Should the legislature revoke any benefits or rights
provided under chapter 292, Laws of 1985, no affected
officer or employee shall be entitled thereafter to receive
such benefits or exercise such rights as a matter of contractual right. [1985 c 292 § 1; 1984 c 184 § 20; 1982 1st ex.s.
c 51 § 3; 1965 c 8 § 43.01.041. Prior: 1955 c 140 § 2.]
Severability—1984 c 184: See note following RCW 41.50.150.
Savings—Effective date—Severability—1982 1st ex.s. c 51: See
notes following RCW 43.01.040.
43.01.042 Vacations—State institutions of higher
learning. State institutions of higher learning may prescribe
such rules and regulations as they may determine governing
vacation leave for academic and professional personnel.
[1965 c 8 § 43.01.042. Prior: 1955 c 140 § 3.]
(2002 Ed.)
43.01.040
43.01.043 Vacations—Rules and regulations. The
several offices, departments and institutions of the state
government may prescribe supplemental rules and regulations that are not inconsistent with the provisions of RCW
43.01.040 through 43.01.043 with respect to vacation leave
of subordinate officers and employees thereof. [1965 c 8 §
43.01.043. Prior: 1955 c 140 § 4.]
43.01.044 Vacations—Accumulation of leave in
excess of thirty days authorized without statement of
necessity—Requirements of statement of necessity. As an
alternative, in addition to the provisions of RCW 43.01.040
authorizing the accumulation of vacation leave in excess of
thirty days with the filing of a statement of necessity,
vacation leave in excess of thirty days may also be accumulated as provided in this section but without the filing of a
statement of necessity. The accumulation of leave under this
alternative method shall be governed by the following
provisions:
(1) Each subordinate officer and employee of the several
offices, departments, and institutions of state government
may accumulate the vacation leave days between the time
thirty days is accrued and his or her anniversary date of state
employment.
(2) All vacation days accumulated under this section
shall be used by the anniversary date and at a time convenient to the employing office, department, or institution. If
an officer or employee does not use the excess leave by the
anniversary date, then such leave shall be automatically
extinguished and considered to have never existed.
(3) This section shall not result in any increase in a
retirement allowance under any public retirement system in
this state.
(4) Should the legislature revoke any benefits or rights
provided under this section, no affected officer or employee
shall be entitled thereafter to receive such benefits or
exercise such rights as a matter of contractual right.
(5) Vacation leave credit acquired and accumulated
under this section shall never, regardless of circumstances,
be deferred by the employing office, department or institution by filing a statement of necessity under the provisions
of RCW 43.01.040.
(6) Notwithstanding any other provision of this chapter,
on or after July 24, 1983, a statement of necessity for excess
leave, shall as a minimum, include the following: (a) the
specific number of days of excess leave; and (b) the date on
which it was authorized. A copy of any such authorization
shall be sent to the department of retirement systems. [1983
c 283 § 1.]
43.01.045 Vacations—Provisions not applicable to
officers and employees of state convention and trade
center. The provisions of RCW 43.01.040 through
43.01.044 shall not be applicable to the officers and employees of the nonprofit corporation formed under chapter 67.40
RCW. [1984 c 210 § 4.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
43.01.050 Daily remittance of moneys to treasury—
Undistributed receipts account—Use. Each state officer
[Title 43 RCW—page 5]
43.01.050
Title 43 RCW: State Government—Executive
or other person, other than county treasurer, who is authorized by law to collect or receive moneys which are required
by statute to be deposited in the state treasury shall transmit
to the state treasurer each day, all such moneys collected by
him on the preceding day: PROVIDED, That the state
treasurer may in his discretion grant exceptions where such
daily transfers would not be administratively practical or
feasible. In the event that remittances are not accompanied
by a statement designating source and fund, the state
treasurer shall deposit these moneys in an account hereby
created in the state treasury to be known as the undistributed
receipts account. These moneys shall be retained in the
account until such time as the transmitting agency provides
a statement in duplicate of the source from which each item
of money was derived and the fund into which it is to be
transmitted. The director of financial management in
accordance with RCW 43.88.160 shall promulgate regulations designed to assure orderly and efficient administration
of this account. In the event moneys are deposited in this
account that constitute overpayments, refunds may be made
by the remitting agency without virtue of a legislative
appropriation. [1985 c 57 § 26; 1981 2nd ex.s. c 4 § 5;
1979 c 151 § 80; 1967 c 212 § 1; 1965 c 8 § 43.01.050.
Prior: 1909 c 133 § 1, part; 1907 c 96 § 1, part; RRS §
5501, part.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
Commissioner of public lands and department of natural resources, deposit
of funds: RCW 43.85.130.
State depositaries: Chapter 43.85 RCW.
43.01.060 Daily remittance of moneys to treasury—
Treasurer’s duty on default. The state treasurer shall
inform the governor of any failure on the part of any officer
to comply with the provisions of RCW 43.01.050. [1965 c
8 § 43.01.060. Prior: 1907 c 96 § 2; RRS § 5502.]
43.01.070 Daily remittance of moneys to treasury—
Liability of officers for noncompliance. If any officer fails
to comply with the provisions of RCW 43.01.050, he shall
be liable to the state upon his official bond in a sum equal
to ten percent annual interest on the funds for such time as
he retained them. [1965 c 8 § 43.01.070. Prior: 1907 c 96
§ 3; RRS § 5503.]
43.01.072 Refund of fees or other payments collected by state. Whenever any law which provides for the
collection of fees or other payments by a state agency does
not authorize the refund of erroneous or excessive payments
thereof, refunds may be made or authorized by the state
agency which collected the fees or payments of all such
amounts received by the state agency in consequence of
error, either of fact or of law as to: (1) The proper amount
of such fee or payments; (2) The necessity of making or
securing a permit, filing, examination or inspection; (3) The
sufficiency of the credentials of an applicant; (4) The
eligibility of an applicant for any other reason; (5) The
necessity for the payment. [1965 c 8 § 43.01.072. Prior:
1955 c 224 § 1.]
[Title 43 RCW—page 6]
Refunds of fees or other payments, budget and accounting system: RCW
43.88.170.
43.01.073 Refund of fees or other payments collected by state—Voucher. Any state agency desiring to
authorize such a refund shall file with the state treasurer a
voucher naming the payee and giving full particulars as to
the reason for the refund and the fund in the treasury to
which it was credited. [1965 c 8 § 43.01.073. Prior: 1955
c 224 § 2.]
43.01.074 Refund of fees or other payments collected by state—Warrant. Payment of such refunds shall be
by warrant issued by the state treasurer against the fund in
the state treasury to which the erroneous or excessive
payment was credited or from any other appropriation made
for such refund. [1965 c 8 § 43.01.074. Prior: 1955 c 224
§ 3.]
Appropriation, when not required for refunds: RCW 43.88.180.
43.01.075 Refund of fees or other payments collected by state—Limitation where amount is two dollars or
less. No such refund shall be authorized by a state agency
where the amount is two dollars or less unless demand for
the refund is made within six months from the date the
erroneous or excessive payment was made. [1965 c 8 §
43.01.075. Prior: 1955 c 224 § 4.]
43.01.090 Departments to share occupancy costs—
Capital projects surcharge. The director of general
administration may assess a charge or rent against each state
board, commission, agency, office, department, activity, or
other occupant or user for payment of a proportionate share
of costs for occupancy of buildings, structures, or facilities
including but not limited to all costs of acquiring, constructing, operating, and maintaining such buildings, structures, or
facilities and the repair, remodeling, or furnishing thereof
and for the rendering of any service or the furnishing or
providing of any supplies, equipment, or materials.
The director of general administration may recover the
full costs including appropriate overhead charges of the
foregoing by periodic billings as determined by the director
including but not limited to transfers upon accounts and
advancements into the general administration services
account. Charges related to the rendering of real estate
services under RCW 43.82.010 and to the operation of
nonassigned public spaces in Thurston county shall be
allocated separately from other charges assessed under this
section. Rates shall be established by the director of general
administration after consultation with the director of financial
management. The director of general administration may allot, provide, or furnish any of such facilities, structures, services, equipment, supplies, or materials to any other public
service type occupant or user at such rates or charges as are
equitable and reasonably reflect the actual costs of the
services provided: PROVIDED, HOWEVER, That the legislature, its duly constituted committees, interim committees
and other committees shall be exempted from the provisions
of this section.
Upon receipt of such bill, each entity, occupant, or user
shall cause a warrant or check in the amount thereof to be
(2002 Ed.)
State Officers—General Provisions
drawn in favor of the department of general administration
which shall be deposited in the state treasury to the credit of
the general administration services account unless the
director of financial management has authorized another
method for payment of costs.
Beginning July 1, 1995, the director of general administration shall assess a capital projects surcharge upon each
agency or other user occupying a facility owned and managed by the department of general administration in Thurston
county. The capital projects surcharge does not apply to
agencies or users that agree to pay all future repairs, improvements, and renovations to the buildings they occupy
and a proportional share, as determined by the office of
financial management, of all other campus repairs, installations, improvements, and renovations that provide a benefit
to the buildings they occupy or that have an agreement with
the department of general administration that contains a
charge for a similar purpose, including but not limited to
RCW 43.01.091, in an amount greater than the capital
projects surcharge. Beginning July 1, 2002, the capital
projects surcharge does not apply to department of services
for the blind vendors who operate cafeteria services in
facilities owned and managed by the department of general
administration; the department shall consider this space to be
a common area for purposes of allocating the capital projects
surcharge to other building tenants beginning July 1, 2003.
The director, after consultation with the director of financial
management, shall adopt differential capital project surcharge
rates to reflect the differences in facility type and quality.
The initial payment structure for this surcharge shall be one
dollar per square foot per year. The surcharge shall increase
over time to an amount that when combined with the
facilities and service charge equals the market rate for
similar types of lease space in the area or equals five dollars
per square foot per year, whichever is less. The capital
projects surcharge shall be in addition to other charges assessed under this section. Proceeds from the capital projects
surcharge shall be deposited into the Thurston county capital
facilities account created in RCW 43.19.501. [2002 c 162
§ 1; 1998 c 105 § 5; 1994 c 219 § 16; 1991 sp.s. c 31 § 10;
1979 c 151 § 81; 1973 1st ex.s. c 82 § 1; 1971 ex.s. c 159
§ 1; 1965 c 8 § 43.01.090. Prior: (i) 1951 c 131 § 1; 1941
c 228 § 1; Rem. Supp. 1941 § 10964-30. (ii) 1951 c 131 §
1; 1941 c 228 § 2; Rem. Supp. 1941 § 10964-31.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Findings—Purpose—1994 c 219: "The legislature finds that there
is inequitable distribution among state programs of capital costs associated
with maintaining and rehabilitating state facilities. The legislature finds that
there are insufficient available resources to support even minor capital
improvements other than debt financing. The legislature further finds that
little attention is focused on efficient facility management because in many
cases capital costs are not factored into the ongoing process of allocating
state resources. The purpose of sections 16 through 18, chapter 219, Laws
of 1994 is to create a mechanism to distribute capital costs among the
agencies and programs occupying facilities owned and managed by the
department of general administration in Thurston county that will foster
increased accountability for facility decisions and more efficient use of the
facilities." [1994 c 219 § 15.]
Finding—1994 c 219: See note following RCW 43.88.030.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Effective date—1973 1st ex.s. c 82: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1973." [1973 1st ex.s. c 82 § 2.]
(2002 Ed.)
43.01.090
Agricultural commodity commissions exempt: RCW 15.04.200.
General administration services account: RCW 43.19.500.
Housing for state offices, departments, and institutions: Chapter 43.82
RCW.
43.01.091 Departments to share debt service costs.
It is hereby declared to be the policy of the state of Washington that each agency or other occupant of newly constructed or substantially renovated facilities owned and
operated by the department of general administration in
Thurston county shall proportionally share the debt service
costs associated with the original construction or substantial
renovation of the facility. Beginning July 1, 1995, each state
agency or other occupant of a facility constructed or substantially renovated after July 1, 1992, and owned and operated
by the department of general administration in Thurston
county, shall be assessed a charge to pay the principal and
interest payments on any bonds or other financial contract
issued to finance the construction or renovation or an
equivalent charge for similar projects financed by cash
sources. In recognition that full payment of debt service
costs may be higher than market rates for similar types of
facilities or higher than existing agreements for similar
charges entered into prior to June 9, 1994, the initial charge
may be less than the full cost of principal and interest
payments. The charge shall be assessed to all occupants of
the facility on a proportional basis based on the amount of
occupied space or any unique construction requirements.
The office of financial management, in consultation with the
department of general administration, shall develop procedures to implement this section and report to the legislative
fiscal committees, by October 1994, their recommendations
for implementing this section. The office of financial
management shall separately identify in the budget document
all payments and the documentation for determining the
payments required by this section for each agency and fund
source during the current and the two past and future fiscal
biennia. The charge authorized in this section is subject to
annual audit by the state auditor. [1994 c 219 § 19.]
Finding—1994 c 219: See note following RCW 43.88.030.
Budget document: RCW 43.88.030.
General administration services: RCW 43.19.500.
43.01.100 Application forms—Employment—
Licenses—Mention of race or religion prohibited. The
inclusion of any question relative to an applicant’s race or
religion in any application blank or form for employment or
license required to be filled in and submitted by an applicant
to any department, board, commission, officer, agent, or
employee of this state or the disclosure on any license of the
race or religion of the licensee is hereby prohibited. [1965
c 8 § 43.01.100. Prior: 1955 c 87 § 1.]
Discrimination—Human rights commission: Chapter 49.60 RCW.
Subversive activities, public officials and employees: Chapter 9.81 RCW.
43.01.110 Penalty for violation of RCW 43.01.100.
Any person who shall violate RCW 43.01.100 shall be guilty
of a misdemeanor. [1965 c 8 § 43.01.110. Prior: 1955 c
87 § 2.]
[Title 43 RCW—page 7]
43.01.120
Title 43 RCW: State Government—Executive
43.01.120 Accidental death and dismemberment
coverage during aircraft flights for state officers, employees, and legislators. The departments of state government
are authorized to procure at state expense accidental death
and dismemberment coverage not to exceed one hundred
thousand dollars per person for the benefit of state employees and state elected officials, including legislators, while
they are, in the course of their employment, passengers on
or crew members of any nonscheduled aircraft flight. [1967
ex.s. c 6 § 1; 1965 ex.s. c 68 § 1.]
43.01.125 Duty to identify employees whose performance warrants termination from employment. It is the
responsibility of each agency head to institute management
procedures designed to identify any agency employee, either
supervisory or nonsupervisory, whose performance is so
inadequate as to warrant termination from state employment.
In addition, it is the responsibility of each agency head to
remove from a supervisory position any supervisor within
the agency who has tolerated the continued employment of
any employee under his or her supervision whose performance has warranted termination from state employment.
[1985 c 461 § 15.]
Severability—1985 c 461: See note following RCW 41.06.020.
Adoption of rules to remove supervisors tolerating inadequate employees:
RCW 41.06.196.
43.01.150 Power to employ or appoint personnel
not to include authority to provide state owned or leased
motor vehicle. Notwithstanding any other provision of law,
whenever any state agency, institution of higher education,
or other appointing authority is empowered to employ or
appoint administrators or other personnel and to fix their
compensation, such power, in the absence of a specific contrary statutory authorization to the agency, institution of
higher education, or appointing authority, shall not extend to
the power to provide a state owned or leased motor vehicle
for any use other than official state business. [1975 1st ex.s.
c 33 § 1.]
Providing motor vehicle transportation services for public employees: RCW
43.19.560 through 43.19.635.
43.01.160 State publications to be in gender-neutral
terms—Exception—Effect of noncompliance. (1) All rules
and directory or advisory publications issued, adopted, or
amended by state officers or agencies, as defined by RCW
41.06.020, after July 1, 1983, shall be written in genderneutral terms unless a specification of gender is intended.
(2) No rule or publication is invalid because it does not
comply with this section. [1983 c 20 § 2.]
Intent—1983 c 20: "It is the intent of the legislature to have the
state’s statutes, rules, and official communications expressed in genderneutral terms." [1983 c 20 § 1.]
Statutes, memorials, and resolutions: RCW 44.04.210.
43.01.200 Facilitating recovery from Mt. St. Helens
eruption—Legislative findings—Purpose. (1) The legislature finds that:
(a) The May 1980 eruption of Mount St. Helens has
caused serious economic and physical damage to the land
surrounding the mountain;
[Title 43 RCW—page 8]
(b) There are continuing siltation problems which could
severely affect the Toutle, Cowlitz, Coweeman, and Columbia rivers areas;
(c) There is an immediate need for sites for dredging,
dredge spoils, flood control works, sediment retention, and
bank protection and funds for dredging, dredge sites, dredge
spoils sites, flood control works, sediment retention sites,
and bank protection and to continue the rehabilitation of the
areas affected by the natural disaster; and
(d) Failure to dredge and dike along the rivers and
failure to cooperate with the federal government in sediment
retention would directly affect the lives and property of the
forty-five thousand residents in the Cowlitz and Toutle River
valleys with severe negative impacts on local, state, and national transportation systems, public utilities, public and private property, and the Columbia river which is one of the
major navigation channels for world-wide commerce.
(2) The intent of RCW 36.01.150, 43.01.210,
*43.21A.500, 43.21C.500, 75.20.300, 89.16.500, and
90.58.500, their 1983 amendments, and RCW 43.01.215 is
to authorize and direct maximum cooperative effort to meet
the problems noted in subsection (1) of this section. [1985
c 307 § 1; 1983 1st ex.s. c 1 § 1; 1982 c 7 § 1.]
*Reviser’s note: RCW 43.21A.500, 43.21C.500, 75.20.300,
89.16.500, and 90.58.500 expired June 30, 1995.
Severability—1983 1st ex.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 1 § 10.]
Severability—1982 c 7: See note following RCW 36.01.150.
43.01.210 Facilitating recovery from Mt. St. Helens
eruption—Scope of state agency action. State agencies
shall take action as follows to facilitate recovery from the
devastation of the eruption of Mt. St. Helens:
(1) The department of transportation may secure any
lands or interest in lands by purchase, exchange, lease,
eminent domain, or donation for dredge sites, dredge spoils
sites, flood control works, sediment retention works, or bank
protection;
(2) The commissioner of public lands may by rule
declare any public lands found to be damaged by the
eruption of Mt. St. Helens, directly or indirectly, as surplus
to the needs of the state and may dispose of such lands
pursuant to Title 79 RCW to public or private entities for
development, park and recreation uses, open space, or fish
and wildlife habitat;
(3) All state agencies shall cooperate with local governments, the United States army corps of engineers, and other
agencies of the federal government in planning for dredge
site selection and dredge spoils removal, and in all other
phases of recovery operations;
(4) The department of transportation shall work with the
counties concerned on site selection and site disposition in
cooperation with the army corps of engineers; and
(5) State agencies may assist the army corps of engineers in the dredging and dredge spoils deposit operations.
[1985 c 307 § 2; 1983 1st ex.s. c 1 § 2; 1982 c 7 § 2.]
Severability—1983 1st ex.s. c 1: See note following RCW
43.01.200.
Severability—1982 c 7: See note following RCW 36.01.150.
(2002 Ed.)
State Officers—General Provisions
Facilitating recovery from Mt. St. Helens eruption—Scope of local government action: RCW 36.01.150.
43.01.215 Facilitating recovery from Mt. St. Helens
eruption—Precedence of court proceedings under RCW
43.01.210—Finality of order under RCW 8.04.070—
Appeal. (1) Court proceedings necessary to acquire property
or property rights for purposes of RCW 43.01.210 take
precedence over all other causes, including those expedited
under the provisions of RCW 47.52.060, in all courts to the
end that the provision of lands for dredge sites, dredge spoils
sites, flood control works, or bank protection may be
expedited.
(2) An order entered under RCW 8.04.070 relating to
the acquisition of land under RCW 43.01.210 is final unless
review of the order is taken to the supreme court within five
days after entry of the order. Such an appeal shall be
certified by the trial court to the supreme court. Upon
certification, the supreme court shall assign the appeal for
hearing at the earliest possible date, and it shall expedite its
review and decision in every way possible. [1983 1st ex.s.
c 1 § 8.]
Severability—1983 1st ex.s. c 1: See note following RCW
43.01.200.
43.01.220 Commute trip reduction—Parking
revenue—Definitions. The definitions in this section apply
throughout this chapter.
(1) "Guaranteed ride home" means an assured ride home
for commuters participating in a commute trip reduction
program who are not able to use their normal commute
mode because of personal emergencies.
(2) "Pledged" means parking revenue designated through
any means, including moneys received from the natural
resource building, which is used for the debt service payment of bonds issued for parking facilities. [1993 c 394 §
2.]
Finding—Purpose—1993 c 394: "The legislature finds that reducing
the number of commute trips to work is an effective way of reducing
automobile-related air pollution, traffic congestion, and energy use. The
legislature intends that state agencies shall assume a leadership role in
implementing programs to reduce vehicle miles traveled and single-occupant
vehicle commuting, under RCW 70.94.521 through 70.94.551.
The legislature has established and directed an interagency task force
to consider mechanisms for funding state agency commute trip reduction
programs; and to consider and recommend policies for employee incentives
for commuting by other than single-occupant vehicles, and policies for the
use of state-owned vehicles.
It is the purpose of this act to provide state agencies with the authority
to provide employee incentives, including subsidies for use of high
occupancy vehicles to meet commute trip reduction goals, and to remove
existing statutory barriers for state agencies to use public funds, including
parking revenue, to operate, maintain, lease, or construct parking facilities
at state-owned and leased facilities, to reduce parking subsidies, and to
support commute trip reduction programs." [1993 c 394 § 1.]
43.01.225 Commute trip reduction—Parking
revenue—State vehicle parking account. There is hereby
established an account in the state treasury to be known as
the "state vehicle parking account." All parking rental
income resulting from parking fees established by the
department of general administration under RCW 46.08.172
at state-owned or leased property shall be deposited in the
"state vehicle parking account." Revenue deposited in the
"state vehicle parking account" shall be first applied to
(2002 Ed.)
43.01.210
pledged purposes. Unpledged parking revenues deposited in
the "state vehicle parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance,
regulation, and enforcement of vehicle parking and parking
facilities;
(2) Support the lease costs and/or capital investment
costs of vehicle parking and parking facilities; and
(3) Support agency commute trip reduction programs
under RCW 70.94.521 through 70.94.551. [1995 c 215 § 2;
1993 c 394 § 5.]
Finding—Purpose—1993 c 394: See note following RCW
43.01.220.
43.01.230 Commute trip reduction—Use of public
funds. State agencies may, under the internal revenue code
rules, use public funds to financially assist agency-approved
incentives for alternative commute modes, including but not
limited to carpools, vanpools, purchase of transit and ferry
passes, and guaranteed ride home programs, if the financial
assistance is an element of the agency’s commute trip
reduction program as required under RCW 70.94.521
through 70.94.551. This section does not permit any
payment for the use of state-owned vehicles for commuter
ride sharing. [1995 c 215 § 1; 1993 c 394 § 6.]
Finding—Purpose—1993 c 394: See note following RCW
43.01.220.
43.01.235 Commute trip reduction—Higher education institutions—Exemption. All state higher education
institutions are exempt from RCW 43.01.225. [1993 c 394
§ 7.]
Finding—Purpose—1993 c 394: See note following RCW
43.01.220.
43.01.236 Commute trip reduction—Institutions of
higher education—Exemption. All institutions of higher
education as defined under RCW 28B.10.016 are exempt
from the requirements under RCW 43.01.240. [1998 c 344
§ 8; 1997 c 273 § 3; 1995 c 215 § 5.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
43.01.240 State agency parking account—Parking
rental fees—Employee parking, limitations. (1) There is
hereby established an account in the state treasury to be
known as the state agency parking account. All parking
income collected from the fees imposed by state agencies on
parking spaces at state-owned or leased facilities, including
the capitol campus, shall be deposited in the state agency
parking account. Only the office of financial management
may authorize expenditures from the account. The account
is subject to allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures. No agency
may receive an allotment greater than the amount of revenue
deposited into the state agency parking account.
(2) An agency may, as an element of the agency’s
commute trip reduction program to achieve the goals set
forth in RCW 70.94.527, impose parking rental fees at stateowned and leased properties. These fees will be deposited
in the state agency parking account. Each agency shall
establish a committee to advise the agency director on
[Title 43 RCW—page 9]
43.01.240
Title 43 RCW: State Government—Executive
parking rental fees, taking into account the market rate of
comparable, privately owned rental parking in each region.
The agency shall solicit representation of the employee
population including, but not limited to, management, administrative staff, production workers, and state employee
bargaining units. Funds shall be used by agencies to: (a)
Support the agencies’ commute trip reduction program under
RCW 70.94.521 through 70.94.551; (b) support the agencies’
parking program; or (c) support the lease or ownership costs
for the agencies’ parking facilities.
(3) In order to reduce the state’s subsidization of
employee parking, after July 1997 agencies shall not enter
into leases for employee parking in excess of building code
requirements, except as authorized by the director of general
administration. In situations where there are fewer parking
spaces than employees at a worksite, parking must be
allocated equitably, with no special preference given to
managers. [1998 c 245 § 46; 1995 c 215 § 3.]
Chapter 43.03
SALARIES AND EXPENSES
Sections
43.03.010
43.03.011
43.03.012
43.03.013
43.03.015
43.03.020
43.03.027
43.03.028
43.03.030
43.03.040
43.03.050
43.03.060
43.03.062
43.03.065
43.03.110
43.03.120
43.03.125
43.03.130
43.03.150
43.03.160
43.03.170
43.03.180
43.03.190
43.03.200
43.03.210
43.03.220
43.03.230
43.03.240
Salaries of elective state officers.
Salaries of state elected officials of the executive branch.
Salaries of judges.
Salaries of members of the legislature.
Emoluments of office for appointees to office of state legislator.
Expenses of lieutenant governor acting as governor.
Salaries of public officials—State policy enunciated.
State committee on agency officials’ salaries—Members—
Duties—Reports.
Increase or reduction of appointees’ compensation.
Salaries of certain directors and chief executive officers.
Subsistence, lodging and refreshment, and per diem allowance for officials, employees, and members of boards,
commissions, or committees.
Mileage allowance.
State convention and trade center employees—Travel expenses.
Subsistence and lodging expenses—Direct payment to suppliers authorized.
Moving expenses of employees.
Moving expenses of new employees.
Relocation compensation for domiciliary moves.
Travel expenses of prospective employees.
Advance payment of travel expenses—Authorized.
Advance payment of travel expenses—"Department" defined.
Advance payment of travel expenses—Advance warrants—
Issuance—Limitations.
Advance payment of travel expenses—Itemized travel expense voucher to be submitted—Repayment of unexpended portion of advance—Default.
Advance payment of travel expenses—Lien against and right
to withhold funds payable until proper accounting or
repaying of advance made.
Advance payment of travel expenses—Advances construed.
Advance payment of travel expenses—Director of financial
management to prescribe rules and regulations to carry
out RCW 43.03.150 through 43.03.210.
Compensation of members of part-time boards and commissions—Class one groups.
Compensation of members of part-time boards and commissions—Class two groups.
Compensation of members of part-time boards and commissions—Class three groups.
[Title 43 RCW—page 10]
43.03.250
Compensation of members of part-time boards and commissions—Class four groups.
43.03.265 Compensation of members of part-time boards and commissions—Class five groups.
43.03.300 Salaries of elected state officials—Legislative declaration—
Purpose.
43.03.305 Washington citizens’ commission on salaries for elected
officials—Generally.
43.03.310 Duties of citizens’ commission—Travel expenses—Chair—
Schedule of salaries—Publication—Hearings.
Compensation for unofficial services permitted: RCW 42.04.070.
Compensation not to be changed during term: State Constitution Art. 2 §
25, Art. 3 § 25, Art. 28 § 1.
Free transportation prohibited: State Constitution Art. 2 § 39, Art. 12 § 20.
Salaries of state officers, payable semimonthly: RCW 42.16.010.
43.03.010 Salaries of elective state officers. The
annual salaries of the following named state elected officials
shall be prescribed by the Washington citizens’ commission
on salaries for elected officials: Governor; lieutenant
governor: PROVIDED, That in arriving at the annual salary
of the lieutenant governor the commission shall prescribe a
fixed amount plus a sum equal to 1/260th of the difference
between the annual salary of the lieutenant governor and the
annual salary of the governor for each day that the lieutenant
governor is called upon to perform the duties of the governor
by reason of the absence from the state, removal, resignation, death, or disability of the governor; secretary of state;
state treasurer; state auditor; attorney general; superintendent
of public instruction; commissioner of public lands; and state
insurance commissioner. Members of the legislature shall
receive for their service per annum the amount prescribed by
the Washington citizens’ commission on salaries for elected
officials; and in addition, reimbursement for mileage for
travel to and from legislative sessions as provided in RCW
43.03.060. [1989 c 10 § 8. Prior: 1986 c 161 § 1; 1986 c
155 § 8; 1983 1st ex.s. c 29 § 3; 1979 ex.s. c 255 § 1; 1977
ex.s. c 318 § 1; 1975-’76 2nd ex.s. c 113 § 1; 1975 1st ex.s.
c 263 § 1; 1974 ex.s. c 149 § 2 (Initiative Measure No. 282,
approved November 6, 1973); 1967 ex.s. c 100 § 1; 1965
ex.s. c 127 § 4; 1965 c 8 § 43.03.010; prior: 1965 c 1 § 2;
1961 c 5 § 1; 1959 c 316 § 1; 1949 c 48 § 1; Rem. Supp.
1949 § 10965-1; prior: 1947 c 79 § .02.04; 1945 c 116 § 1;
1939 c 226 § 1; 1925 ex.s. c 163 § 1; 1925 ex.s. c 90 § 1;
1919 c 124 §§ 1, 2; 1907 c 94 § 1.]
Effective date—1986 c 161 § 1: "Section 1 of this act shall take
effect on January 1, 1987." [1986 c 161 § 3.]
Severability—1986 c 161: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 161 § 5.]
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Effective date—1979 ex.s. c 255: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1979." [1979 ex.s. c 255 § 11.]
Effective date—1977 ex.s. c 318: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect on July 1, 1977." [1977 ex.s. c 318 § 7.]
Severability—1975 1st ex.s. c 263: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 263 § 7.]
(2002 Ed.)
Salaries and Expenses
Effective date—1975 1st ex.s. c 263: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 263 § 8.]
Severability—1974 ex.s. c 149 (Initiative Measure No. 282): "If
any provision of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of the provision
to other persons or circumstances is not affected." [1974 ex.s. c 149 § 7
(Initiative Measure No. 282).]
Construction—1965 ex.s. c 127: "The salary increases provided for
herein shall take effect at the earliest time allowable by the Constitution of
the state of Washington, including Article II, section 13, Article II, section
25, Article IV, section 13, and Article XXVIII: PROVIDED, That it is the
intent of the legislature that nothing in this act shall render a member of the
legislature or of the judiciary ineligible to file for and be elected to the
legislature or the judiciary respectively." [1965 ex.s. c 127 § 5.]
Salaries of elected officials: State Constitution Art. 28 § 1.
Washington citizens’ commission on salaries for elected officials: RCW
43.03.305.
43.03.011 Salaries of state elected officials of the
executive branch. Pursuant to Article XXVIII, section 1 of
the state Constitution and RCW 43.03.010 and 43.03.310, the
annual salaries of the state elected officials of the executive
branch shall be as follows:
(1) Effective September 1, 2000:
(a) Governor . . . . . . . . . . . . . . . . . . . . . $ 135,960
(b) Lieutenant governor . . . . . . . . . . . . . $ 71,070
(c) Secretary of state . . . . . . . . . . . . . . . $ 78,177
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . $ 95,275
(e) Auditor . . . . . . . . . . . . . . . . . . . . . . $ 95,275
(f) Attorney general . . . . . . . . . . . . . . . . $ 123,600
(g) Superintendent of public instruction . . $ 97,226
(h) Commissioner of public lands . . . . . . $ 97,226
(i) Insurance commissioner . . . . . . . . . . . $ 88,580
(2) Effective September 1, 2001:
(a) Governor . . . . . . . . . . . . . . . . . . . . . $ 139,087
(b) Lieutenant governor . . . . . . . . . . . . . $ 72,705
(c) Secretary of state . . . . . . . . . . . . . . . $ 89,001
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . $ 97,466
(e) Auditor . . . . . . . . . . . . . . . . . . . . . . $ 97,466
(f) Attorney general . . . . . . . . . . . . . . . . $ 126,443
(g) Superintendent of public instruction . . $ 99,462
(h) Commissioner of public lands . . . . . . $ 99,462
(i) Insurance commissioner . . . . . . . . . . . $ 90,617
(3) Effective September 1, 2002:
(a) Governor . . . . . . . . . . . . . . . . . . . . . $ 142,286
(b) Lieutenant governor . . . . . . . . . . . . . $ 74,377
(c) Secretary of state . . . . . . . . . . . . . . . $ 91,048
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . $ 99,708
(e) Auditor . . . . . . . . . . . . . . . . . . . . . . $ 99,708
(f) Attorney general . . . . . . . . . . . . . . . . $ 129,351
(g) Superintendent of public instruction . . $ 101,750
(h) Commissioner of public lands . . . . . . $ 101,750
(i) Insurance commissioner . . . . . . . . . . . $ 92,702
(4) The lieutenant governor shall receive the fixed
amount of his salary plus 1/260th of the difference between
his salary and that of the governor for each day that the
lieutenant governor is called upon to perform the duties of
the governor by reason of the absence from the state,
removal, resignation, death, or disability of the governor.
[2001 1st sp.s. c 3 § 1; 1999 sp.s. c 3 § 1; 1997 c 458 § 1;
1995 2nd sp.s. c 1 § 1; 1993 sp.s. c 26 § 1; 1991 sp.s. c 1
§ 1; 1989 2nd ex.s. c 4 § 1; 1987 1st ex.s. c 1 § 1, part.]
(2002 Ed.)
43.03.010
43.03.012 Salaries of judges. Pursuant to Article
XXVIII, section 1 of the state Constitution and RCW
2.04.092, 2.06.062, 2.08.092, 3.58.010, and 43.03.310, the
annual salaries of the judges of the state shall be as follows:
(1) Effective September 1, 2000:
(a) Justices of the supreme court . . . . . . . $ 123,600
(b) Judges of the court of appeals . . . . . . $ 117,420
(c) Judges of the superior court . . . . . . . . $ 111,549
(d) Full-time judges of the district court . . $ 105,972
(2) Effective September 1, 2001:
(a) Justices of the supreme court . . . . . . . $ 131,558
(b) Judges of the court of appeals . . . . . . $ 125,236
(c) Judges of the superior court . . . . . . . . $ 119,230
(d) Full-time judges of the district court . . $ 113,524
(3) Effective September 1, 2002:
(a) Justices of the supreme court . . . . . . . $ 134,584
(b) Judges of the court of appeals . . . . . . $ 128,116
(c) Judges of the superior court . . . . . . . . $ 121,972
(d) Full-time judges of the district court . . $ 116,135
(4) The salary for a part-time district court judge shall
be the proportion of full-time work for which the position is
authorized, multiplied by the salary for a full-time district
court judge. [2001 1st sp.s. c 3 § 2; 1999 sp.s. c 3 § 2;
1997 c 458 § 2; 1995 2nd sp.s. c 1 § 2; 1993 sp.s. c 26 § 2;
1991 sp.s. c 1 § 2; 1989 2nd ex.s. c 4 § 2; 1987 1st ex.s. c
1 § 1, part.]
43.03.013 Salaries of members of the legislature.
Pursuant to Article XXVIII, section 1 of the state Constitution and RCW 43.03.010 and 43.03.310, the annual salary of
members of the legislature shall be:
(1) Effective September 1, 2000:
(a) Legislators . . . . . . . . . . . . . . . . . . . . $ 32,064
(b) Speaker of the house . . . . . . . . . . . . $ 40,064
(c) Senate majority leader . . . . . . . . . . . . $ 36,064
(d) Senate minority leader . . . . . . . . . . . $ 36,064
(e) House minority leader . . . . . . . . . . . . $ 36,064
(2) Effective September 1, 2001:
(a) Legislators . . . . . . . . . . . . . . . . . . . . $ 32,801
(b) Speaker of the house . . . . . . . . . . . . $ 40,801
(c) Senate majority leader . . . . . . . . . . . . $ 40,801
(d) House minority leader . . . . . . . . . . . . $ 36,801
(e) Senate minority leader . . . . . . . . . . . . $ 36,801
(3) Effective September 1, 2002:
(a) Legislators . . . . . . . . . . . . . . . . . . . . $ 33,556
(b) Speaker of the house . . . . . . . . . . . . $ 41,556
(c) Senate majority leader . . . . . . . . . . . . $ 41,556
(d) House minority leader . . . . . . . . . . . . $ 37,556
(e) Senate minority leader . . . . . . . . . . . . $ 37,556
[2001 1st sp.s. c 3 § 3; 1999 sp.s. c 3 § 3; 1997 c 458 § 3;
1995 2nd sp.s. c 1 § 3; 1993 sp.s. c 26 § 3; 1991 sp.s. c 1
§ 3; 1989 2nd ex.s. c 4 § 3; 1987 1st ex.s. c 1 § 1, part.]
43.03.015 Emoluments of office for appointees to
office of state legislator. Any person appointed to fill a
vacancy that may occur in either the senate or house of
representatives of the state legislature, prior to his qualification at the next succeeding regular or special session of the
legislature shall be entitled to the same emoluments of office
as the duly elected member whom he succeeded. [1967 ex.s.
c 100 § 2.]
[Title 43 RCW—page 11]
43.03.015
Title 43 RCW: State Government—Executive
Eligibility of member of legislature to appointment or election to office of
official whose salary was increased during legislator’s term: RCW
3.58.010.
43.03.020 Expenses of lieutenant governor acting as
governor. Whenever by reason of the absence from the
state or the disability of the governor, the lieutenant governor
is called upon temporarily to perform the duties of the office
of governor, he shall be paid upon his personal voucher
therefor the sum of ten dollars per day for expenses. [1965
c 8 § 43.03.020. Prior: 1919 c 118 § 1; RRS § 10979.]
43.03.027 Salaries of public officials—State policy
enunciated. It is hereby declared to be the public policy of
this state to base the salaries of public officials on realistic
standards in order that such officials may be paid according
to the true value of their services and the best qualified
citizens may be attracted to public service. It is the purpose
of RCW 43.03.027, 43.03.028, 43.03.040, *43.03.045 and
43.03.047 to effectuate this policy by utilizing the expert
knowledge of citizens having access to pertinent facts
concerning proper salaries for public officials, thus removing
and dispelling any thought of political consideration in fixing
the appropriateness of the amount of such salaries. [1970
ex.s. c 43 § 1.]
*Reviser’s note: RCW 43.03.045 and 43.03.047 were repealed by
1986 c 155 § 14, effective January 1, 1987. See note following RCW
43.03.300.
Severability—1970 ex.s. c 43: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances, shall not be affected." [1970 ex.s. c 43 § 7.]
43.03.028 State committee on agency officials’
salaries—Members—Duties—Reports. (1) There is hereby
created a state committee on agency officials’ salaries to
consist of seven members, or their designees, as follows:
The president of the University of Puget Sound; the chairperson of the council of presidents of the state’s four-year
institutions of higher education; the chairperson of the
Washington personnel resources board; the president of the
Association of Washington Business; the president of the
Pacific Northwest Personnel Managers’ Association; the
president of the Washington State Bar Association; and the
president of the Washington State Labor Council. If any of
the titles or positions mentioned in this subsection are
changed or abolished, any person occupying an equivalent or
like position shall be qualified for appointment by the
governor to membership upon the committee.
(2) The committee shall study the duties and salaries of
the directors of the several departments and the members of
the several boards and commissions of state government,
who are subject to appointment by the governor or whose
salaries are fixed by the governor, and of the chief executive
officers of the following agencies of state government:
The arts commission; the human rights commission; the
board of accountancy; the board of pharmacy; the eastern
Washington historical society; the Washington state historical
society; the interagency committee for outdoor recreation;
the criminal justice training commission; the department of
personnel; the state library; the traffic safety commission; the
horse racing commission; the advisory council on vocational
[Title 43 RCW—page 12]
education; the public disclosure commission; the state
conservation commission; the commission on Hispanic
affairs; the commission on Asian Pacific American affairs;
the state board for volunteer fire fighters and reserve
officers; the transportation improvement board; the public
employment relations commission; the forest practices
appeals board; and the energy facilities site evaluation
council.
The committee shall report to the governor or the
chairperson of the appropriate salary fixing authority at least
once in each fiscal biennium on such date as the governor
may designate, but not later than seventy-five days prior to
the convening of each regular session of the legislature
during an odd-numbered year, its recommendations for the
salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the
department of personnel for travel expenses under RCW
43.03.050 and 43.03.060. [2001 c 302 § 2; 1995 c 67 § 1.
Prior: 1993 c 281 § 45; 1993 c 101 § 14; 1991 c 3 § 294;
1988 c 167 § 9; prior: 1987 c 504 § 15; 1987 c 249 § 7;
1986 c 155 § 9; 1982 c 163 § 21; 1980 c 87 § 20; prior:
1977 ex.s. c 127 § 1; 1977 c 75 § 36; 1970 ex.s. c 43 § 2;
1967 c 19 § 1; 1965 c 8 § 43.03.028; prior: 1961 c 307 §
1; 1955 c 340 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Findings—1993 c 101: See note following RCW 27.34.010.
Severability—Effective date—1993 c 101: See RCW 27.34.915 and
27.34.916.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1987 c 504: See RCW 43.105.901
and 43.105.902.
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
Severability—1970 ex.s. c 43: See note following RCW 43.03.027.
43.03.030 Increase or reduction of appointees’
compensation. (1) Wherever the compensation of any
appointive state officer or employee is fixed by statute, it
may be hereafter increased or decreased in the manner
provided by law for the fixing of compensation of other
appointive state officers or employees; but this subsection
shall not apply to the heads of state departments.
(2) Wherever the compensation of any state officer
appointed by the governor, or of any employee in any office
or department under the control of any such officer, is fixed
by statute, such compensation may hereafter, from time to
time, be changed by the governor, and he shall have power
to fix such compensation at any amount not to exceed the
amount fixed by statute. [1965 c 8 § 43.03.030. Prior: (i)
1921 c 49 § 1; RRS § 10896. (ii) 1933 c 47 § 1; RRS §
10976-1.]
43.03.040 Salaries of certain directors and chief
executive officers. The directors of the several departments
and members of the several boards and commissions, whose
salaries are fixed by the governor and the chief executive
officers of the agencies named in RCW 43.03.028(2) as now
or hereafter amended shall each severally receive such
salaries, payable in monthly installments, as shall be fixed by
(2002 Ed.)
Salaries and Expenses
the governor or the appropriate salary fixing authority, in an
amount not to exceed the recommendations of the committee
on agency officials’ salaries. Beginning July 1, 1993,
through June 30, 1995, the salary paid to such directors and
members of boards and commissions shall not exceed the
amount paid as of April 1, 1993. [1993 sp.s. c 24 § 914;
1986 c 155 § 12; 1977 ex.s. c 127 § 2; 1970 ex.s. c 43 § 3;
1965 c 8 § 43.03.040. Prior: 1961 c 307 § 2; 1955 c 340
§ 2; 1949 c 111 § 1; 1937 c 224 § 1; Rem. Supp. 1949 §
10776-1.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Severability—1970 ex.s. c 43: See note following RCW 43.03.027.
43.03.050 Subsistence, lodging and refreshment,
and per diem allowance for officials, employees, and
members of boards, commissions, or committees. (1) The
director of financial management shall prescribe reasonable
allowances to cover reasonable and necessary subsistence
and lodging expenses for elective and appointive officials
and state employees while engaged on official business away
from their designated posts of duty. The director of financial management may prescribe and regulate the allowances
provided in lieu of subsistence and lodging expenses and
may prescribe the conditions under which reimbursement for
subsistence and lodging may be allowed. The schedule of
allowances adopted by the office of financial management
may include special allowances for foreign travel and other
travel involving higher than usual costs for subsistence and
lodging. The allowances established by the director shall not
exceed the rates set by the federal government for federal
employees.
(2) Those persons appointed to serve without compensation on any state board, commission, or committee, if
entitled to payment of travel expenses, shall be paid
pursuant to special per diem rates prescribed in accordance
with subsection (1) of this section by the office of financial
management.
(3) The director of financial management may prescribe
reasonable allowances to cover reasonable expenses for
meals, coffee, and light refreshment served to elective and
appointive officials and state employees regardless of travel
status at a meeting where: (a) The purpose of the meeting
is to conduct official state business or to provide formal
training to state employees or state officials; (b) the meals,
coffee, or light refreshment are an integral part of the
meeting or training session; (c) the meeting or training
session takes place away from the employee’s or official’s
regular workplace; and (d) the agency head or authorized
designee approves payments in advance for the meals,
coffee, or light refreshment. In order to prevent abuse, the
director may regulate such allowances and prescribe additional conditions for claiming the allowances.
(4) Upon approval of the agency head or authorized
designee, an agency may serve coffee or light refreshments
at a meeting where: (a) The purpose of the meeting is to
conduct state business or to provide formal training that
benefits the state; and (b) the coffee or light refreshment is
an integral part of the meeting or training session. The
director of financial management shall adopt requirements
(2002 Ed.)
43.03.040
necessary to prohibit abuse of the authority authorized in this
subsection.
(5) The schedule of allowances prescribed by the
director under the terms of this section and any subsequent
increases in any maximum allowance or special allowances
for areas of higher than usual costs shall be reported to the
ways and means committees of the house of representatives
and the senate at each regular session of the legislature.
[1990 c 30 § 1; 1983 1st ex.s. c 29 § 1; 1979 c 151 § 83;
1977 ex.s. c 312 § 1; 1975-’76 2nd ex.s. c 34 § 94; 1970
ex.s. c 34 § 1; 1965 ex.s. c 77 § 1; 1965 c 8 § 43.03.050.
Prior: 1961 c 220 § 1; 1959 c 194 § 1; 1953 c 259 § 1;
1949 c 17 § 1; 1943 c 86 § 1; Rem. Supp. 1949 § 10981-1.]
Effective date—Construction—1977 ex.s. c 312: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately except that any new schedule of
allowances under either RCW 43.03.050 and 43.03.060 as now or hereafter
amended shall not be effective until July 1, 1977 or later." [1977 ex.s. c
312 § 5.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.03.060 Mileage allowance. (1) Whenever it
becomes necessary for elective or appointive officials or
employees of the state to travel away from their designated
posts of duty while engaged on official business, and it is
found to be more advantageous or economical to the state
that travel be by a privately-owned vehicle rather than a
common carrier or a state-owned or operated vehicle, a mileage rate established by the director of financial management
shall be allowed. The mileage rate established by the
director shall not exceed any rate set by the United States
treasury department above which the substantiation requirements specified in Treasury Department Regulations section
1.274-5T(a)(1), as now law or hereafter amended, will apply.
(2) The director of financial management may prescribe
and regulate the specific mileage rate or other allowance for
the use of privately-owned vehicles or common carriers on
official business and the conditions under which reimbursement of transportation costs may be allowed. The
reimbursement or other payment for transportation expenses
of any employee or appointive official of the state shall be
based on the method deemed most advantageous or economical to the state.
(3) The mileage rate established by the director of
financial management pursuant to this section and any
subsequent changes thereto shall be reported to the ways and
means committees of the house of representatives and the
senate at each regular session of the legislature. [1990 c 30
§ 2; 1983 1st ex.s. c 29 § 2; 1979 c 151 § 84; 1977 ex.s. c
312 § 2; 1975-’76 2nd ex.s. c 34 § 95; 1974 ex.s. c 157 § 1;
1967 ex.s. c 16 § 4; 1965 c 8 § 43.03.060. Prior: 1949 c
17 § 2; 1943 c 86 § 2; Rem. Supp. 1949 § 10981-2.]
Effective date—Construction—1977 ex.s. c 312: See note following
RCW 43.03.050.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.03.062 State convention and trade center employees—Travel expenses. Notwithstanding any provision
of this chapter, employees of the corporation formed under
RCW 67.40.020 shall be reimbursed for actual and reason[Title 43 RCW—page 13]
43.03.062
Title 43 RCW: State Government—Executive
able travel and subsistence expenses incurred out of state for
the purpose of marketing the convention center as may be
requested or performed by the chief executive officer of the
corporation subject to approval of the office of financial
management. Reimbursement under this section may not be
for promotional hosting expenditures. [1985 c 233 § 4.]
new employee terminates or causes termination of his
employment with the state within one year of the date of
employment, the state shall be entitled to reimbursement for
the moving costs which have been paid and may withhold
such sum as necessary therefor from any amounts due the
employee. [1979 c 151 § 86; 1967 ex.s. c 16 § 2.]
43.03.065 Subsistence and lodging expenses—Direct
payment to suppliers authorized. The allowances prescribed pursuant to RCW 43.03.050 as now or hereafter
amended may be paid as reimbursements to individuals for
subsistence and lodging expenses during official travel.
Alternatively, amounts not exceeding those allowances may
be paid directly to appropriate suppliers of subsistence and
lodging, when more economical and advantageous to the
state, under general rules and regulations adopted by the
director of financial management with the advice of the state
auditor. Payments to suppliers for subsistence and lodging
expenses of individuals in travel status shall not result in a
cost to the state in excess of what would be payable by way
of reimbursements to the individuals involved. [1979 c 151
§ 85; 1977 ex.s. c 312 § 4.]
43.03.125 Relocation compensation for domiciliary
moves. An agency may, within existing resources, authorize
lump sum relocation compensation when it determines it is
necessary to successfully recruit and retain qualified candidates who will have to make a domiciliary move in order to
accept the position. It is lawful for a state office, commission, department, or institution to, within existing resources,
authorize lump sum relocation compensation as authorized
by rule under chapter 41.06 RCW and in accordance with
the provisions of chapter 43.88 RCW. If the person receiving the relocation payment terminates or causes termination
with the state, for reasons other than layoff, disability
separation, or other good cause as determined by an agency
director, within one year of the date of the employment, the
state is entitled to reimbursement of the lump sum compensation. [1999 c 297 § 2.]
Effective date—Construction—1977 ex.s. c 312: See note following
RCW 43.03.050.
43.03.110 Moving expenses of employees. Whenever
it is reasonably necessary to the successful performance of
the required duty of a state office, commission, department
or institution to transfer a deputy or other employee from
one station to another within the state, thereby necessitating
a change of such deputy’s or employee’s domicile, it shall
be lawful for such office, commission, department or
institution to move such deputy’s or employee’s household
goods and effects to the new station at the expense of the
state, or to defray the actual cost of such removal by
common carrier, or otherwise, at the expense of the state, in
which latter event reimbursement to the deputy or employee
shall be upon voucher submitted by him and approved by the
department head. [1967 ex.s. c 16 § 1; 1965 c 8 §
43.03.110. Prior: 1943 c 128 § 1; Rem. Supp. 1943 §
9948-1.]
43.03.120 Moving expenses of new employees. Any
state office, commission, department or institution may also
pay the moving expenses of a new employee, necessitated by
his acceptance of state employment, pursuant to mutual
agreement with such employee in advance of his employment: PROVIDED, That if such employee is in the classified service as defined in chapter 41.06 RCW, that said employee has been duly certified from an eligible register. No
such offer or agreement for such payment shall be made to
a prospective member of the classified service, prior to such
certification, except through appropriate public announcement by the department of personnel, or other
corresponding personnel agency as provided by chapter
41.06 RCW. Payment for all expenses authorized by RCW
43.03.060, 43.03.110 through 43.03.210 including moving
expenses of new employees, exempt or classified, and others,
shall be subject to reasonable regulations promulgated by the
director of financial management, including regulations
defining allowable moving costs: PROVIDED, That, if the
[Title 43 RCW—page 14]
Findings—1999 c 297: "The legislature finds that recruiting and
retaining a highly qualified work force is essential to deliver high quality
public programs. One factor that impairs recruitment or transfer of public
employees is the housing cost differential between the rural and urban areas
of the state. This housing cost differential can cause state employees to
decline promotional or transfer opportunities if the costs associated with
such moves are not compensated.
Therefore, the legislature finds that it is in the interest of the citizens
of the state of Washington to authorize an employing agency to offer
assistance to state employees to relocate from one part of the state to
another. This assistance is referred to as relocation compensation and is
commonplace with private and federal government employers." [1999 c 297
§ 1.]
43.03.130 Travel expenses of prospective employees.
Any state office, commission, department or institution may
agree to pay the travel expenses of a prospective employee
as an inducement for such applicant to travel to a designated
place to be interviewed by and for the convenience of such
agency: PROVIDED, That if such employment is to be in
the classified service, such offer may be made only on the
express authorization of the state department of personnel, or
other corresponding personnel agency as provided by chapter
41.06 RCW, to applicants reporting for a merit system
examination or to applicants from an eligible register
reporting for a pre-employment interview. Travel expenses
authorized for prospective employees called for interviews
shall be payable at rates in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended. When
an applicant is called to be interviewed by or on behalf of
more than one agency, the authorized travel expenses may
be paid directly by the authorizing personnel department or
agency, subject to reimbursement from the interviewing
agencies on a pro rata basis.
In the case of both classified and exempt positions, such
travel expenses will be paid only for applicants being
considered for the positions of director, deputy director,
assistant director, or supervisor of state departments, boards
or commissions; or equivalent or higher positions; or engineers, or other personnel having both executive and profes(2002 Ed.)
Salaries and Expenses
sional status. In the case of the state investment board, such
travel expenses may also be paid for applicants being
considered for investment officer positions. In the case of
four-year institutions of higher education, such travel expenses will be paid only for applicants being considered for
academic positions above the rank of instructor or professional or administrative employees in supervisory positions.
In the case of community and technical colleges, such travel
expenses may be paid for applicants being considered for
full-time faculty positions or administrative employees in
supervisory positions. [2000 c 153 § 1; 1993 c 93 § 1;
1975-’76 2nd ex.s. c 34 § 96; 1967 ex.s. c 16 § 3.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.03.150 Advance payment of travel expenses—
Authorized. Whenever it becomes necessary for an elective
or appointive official or employee of the state to travel and
to incur expenses for which reimbursement may be made, it
shall be the policy of the state to make reasonable allowances to such officers and employees in advance of expenditure,
on request of such officer or employee, under appropriate
rules and regulations prescribed by the director of financial
management. [1979 c 151 § 87; 1967 ex.s. c 16 § 6.]
43.03.160 Advance payment of travel expenses—
"Department" defined. "Department", as used herein, shall
mean every department, office, agency or institution of state
government. [1967 ex.s. c 16 § 7.]
43.03.170 Advance payment of travel expenses—
Advance warrants—Issuance—Limitations. The head of
any state department may issue an advance warrant on the
request of any officer or employee for the purpose of
defraying his anticipated reimbursable expenses while
traveling on business of such state department away from his
designated post of duty, except expenses in connection with
the use of a personal automobile. The amount of such
advance shall not exceed the amount of such reasonably
anticipated expenses of the officer or employee to be
necessarily incurred in the course of such business of the
state for a period of not to exceed ninety days. Department
heads shall establish written policies prescribing a reasonable
amount for which such warrants may be written. [1979 ex.s.
c 71 § 1; 1967 ex.s. c 16 § 8.]
43.03.180 Advance payment of travel expenses—
Itemized travel expense voucher to be submitted—
Repayment of unexpended portion of advance—Default.
On or before the tenth day following each month in which
such advance was furnished to the officer or employee, he
shall submit to the head of his department a fully itemized
travel expense voucher fully justifying the expenditure of
such advance or whatever part thereof has been expended,
for legally reimbursable items on behalf of the state. Any
unexpended portion of such advance shall be returned to the
agency at the close of the authorized travel period. Payment
shall accompany such itemized voucher at the close of the
travel period; and may be made by check or similar instrument payable to the department. Any default in accounting
for or repaying an advance shall render the full amount
(2002 Ed.)
43.03.130
which is unpaid immediately due and payable with interest
at the rate of ten percent per annum from the date of default
until paid. [1967 ex.s. c 16 § 9.]
43.03.190 Advance payment of travel expenses—
Lien against and right to withhold funds payable until
proper accounting or repaying of advance made. To
protect the state from any losses on account of advances
made as provided in RCW 43.03.150 through 43.03.210, the
state shall have a prior lien against and a right to withhold
any and all funds payable or to become payable by the state
to such officer or employee to whom such advance has been
given as provided in RCW 43.03.150 through 43.03.210, up
to the amount of such advance and interest at the rate of ten
percent per annum, until such time as repayment or justification has been made. [1979 ex.s. c 71 § 2; 1967 ex.s. c 16
§ 10.]
43.03.200 Advance payment of travel expenses—
Advances construed. An advance made under RCW
43.03.150 through 43.03.210 shall be considered as having
been made to such officer or employee to be expended by
him as an agent of the state for state purposes only, and
specifically to defray necessary costs while performing his
official duties. No such advance shall be considered for any
purpose as a loan to such officer or employee, and any
unauthorized expenditure of such funds shall be considered
a misappropriation of state funds by a custodian of such
funds. [1967 ex.s. c 16 § 11.]
43.03.210 Advance payment of travel expenses—
Director of financial management to prescribe rules and
regulations to carry out RCW 43.03.150 through
43.03.210. The director of financial management may
prescribe rules and regulations to assist in carrying out the
purposes of RCW 43.03.150 through 43.03.210 including
regulation of travel by officers and employees and the
conditions under which per diem and mileage shall be paid,
so as to improve efficiency and conserve funds and to insure
proper use and accountability of travel advances strictly in
the public interest and for public purposes only. [1979 c 151
§ 88; 1967 ex.s. c 16 § 12.]
43.03.220 Compensation of members of part-time
boards and commissions—Class one groups. (1) Any
part-time board, commission, council, committee, or other
similar group which is established by the executive, legislative, or judicial branch to participate in state government and
which functions primarily in an advisory, coordinating, or
planning capacity shall be identified as a class one group.
(2) Absent any other provision of law to the contrary,
no money beyond the customary reimbursement or allowance
for expenses may be paid by or through the state to members
of class one groups for attendance at meetings of such
groups. [1984 c 287 § 2.]
Legislative findings—1984 c 287: "The legislature finds that
members of part-time boards, commissions, councils, committees, and other
similar groups established by the executive, legislative, or judicial branches
of state government make a valuable contribution to the public welfare.
This time and talent so generously donated to the state is gratefully
acknowledged.
[Title 43 RCW—page 15]
43.03.220
Title 43 RCW: State Government—Executive
The legislature further finds that membership on certain part-time
groups involves responsibility for major policy decisions and represents a
significant demand on the time and resources of members. The demands
and responsibilities are well beyond reasonable expectations of an
individual’s gratuitous contribution to the public welfare. It is therefore
appropriate to provide compensation to members of specific qualifying
groups and further to provide three levels of compensation based on the
responsibilities of the group and the time required to perform the group’s
statutory duties." [1984 c 287 § 1.]
Section headings—1984 c 287: "Section headings and captions used
in RCW 43.03.220 through 43.03.250 do not constitute any part of the law."
[1984 c 287 § 114.]
Severability—1984 c 287: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 287 § 115.]
Effective date—1984 c 287: "This act shall take effect on July 1,
1985." [1984 c 287 § 116.]
43.03.230 Compensation of members of part-time
boards and commissions—Class two groups. (1) Any
agricultural commodity board or commission established
pursuant to Title 15 or 16 RCW shall be identified as a class
two group for purposes of compensation.
(2) Except as otherwise provided in this section, each
member of a class two group is eligible to receive compensation in an amount not to exceed one hundred dollars for
each day during which the member attends an official
meeting of the group or performs statutorily prescribed
duties approved by the chairperson of the group. A person
shall not receive compensation for a day of service under
this section if the person (a) occupies a position, normally
regarded as full-time in nature, in any agency of the federal
government, Washington state government, or Washington
state local government; and (b) receives any compensation
from such government for working that day.
(3) Compensation may be paid a member under this
section only if it is authorized under the law dealing in
particular with the specific group to which the member
belongs or dealing in particular with the members of that
specific group. [2001 c 315 § 11; 1984 c 287 § 3.]
Legislative findings—Section headings—Severability—Effective
date—1984 c 287: See notes following RCW 43.03.220.
43.03.240 Compensation of members of part-time
boards and commissions—Class three groups. (1) Any
part-time, statutory board, commission, council, committee,
or other similar group which has rule-making authority,
performs quasi judicial functions, has responsibility for the
administration or policy direction of a state agency or
program, or performs regulatory or licensing functions with
respect to a specific profession, occupation, business, or
industry shall be identified as a class three group for
purposes of compensation.
(2) Except as otherwise provided in this section, each
member of a class three group is eligible to receive compensation in an amount not to exceed fifty dollars for each day
during which the member attends an official meeting of the
group or performs statutorily prescribed duties approved by
the chairperson of the group. A person shall not receive
compensation for a day of service under this section if the
person (a) occupies a position, normally regarded as fulltime in nature, in any agency of the federal government,
Washington state government, or Washington state local
[Title 43 RCW—page 16]
government; and (b) receives any compensation from such
government for working that day.
(3) Compensation may be paid a member under this
section only if it is authorized under the law dealing in
particular with the specific group to which the member
belongs or dealing in particular with the members of that
specific group. [1984 c 287 § 4.]
Legislative findings—Section headings—Severability—Effective
date—1984 c 287: See notes following RCW 43.03.220.
43.03.250 Compensation of members of part-time
boards and commissions—Class four groups. (1) A parttime, statutory board, commission, council, committee, or
other similar group shall be identified as a class four group
for purposes of compensation if the group:
(a) Has rule-making authority, performs quasi-judicial
functions, or has responsibility for the administration or
policy direction of a state agency or program;
(b) Has duties that are deemed by the legislature to be
of overriding sensitivity and importance to the public welfare
and the operation of state government; and
(c) Requires service from its members representing a
significant demand on their time that is normally in excess
of one hundred hours of meeting time per year.
(2) Each member of a class four group is eligible to
receive compensation in an amount not to exceed one
hundred dollars for each day during which the member
attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the
group. A person shall not receive compensation for a day of
service under this section if the person (a) occupies a
position, normally regarded as full-time in nature, in any
agency of the federal government, Washington state government, or Washington state local government; and (b)
receives any compensation from such government for
working that day.
(3) Compensation may be paid a member under this
section only if it is authorized under the law dealing in
particular with the specific group to which the member
belongs or dealing in particular with the members of that
specific group. [1984 c 287 § 5.]
Legislative findings—Section headings—Severability—Effective
date—1984 c 287: See notes following RCW 43.03.220.
43.03.265 Compensation of members of part-time
boards and commissions—Class five groups. (1) Any
part-time commission that has rule-making authority,
performs quasi-judicial functions, has responsibility for the
policy direction of a health profession credentialing program,
and performs regulatory and licensing functions with respect
to a health care profession licensed under Title 18 RCW
shall be identified as a class five group for purposes of
compensation.
(2) Except as otherwise provided in this section, each
member of a class five group is eligible to receive compensation in an amount not to exceed two hundred fifty dollars
for each day during which the member attends an official
meeting of the group or performs statutorily prescribed
duties approved by the chairperson of the group. A person
shall not receive compensation for a day of service under
this section if the person (a) occupies a position, normally
(2002 Ed.)
Salaries and Expenses
regarded as full-time in nature, in any agency of the federal
government, Washington state government, or Washington
state local government; and (b) receives any compensation
from such government for working that day.
(3) Compensation may be paid a member under this
section only if it is necessarily incurred in the course of
authorized business consistent with the responsibilities of the
commission established by law. [1999 c 366 § 1.]
43.03.300 Salaries of elected state officials—
Legislative declaration—Purpose. The legislature hereby
declares it to be the policy of this state to base salaries of
elected state officials on realistic standards in order that such
officials may be paid according to the duties of their offices
and so that citizens of the highest quality may be attracted
to public service. It is the purpose of RCW 43.03.300
through 43.03.310 to effectuate this policy by creating a
citizens’ commission to establish proper salaries for such
officials, thus removing political considerations in fixing the
appropriateness of the amount of such salaries. [1986 c 155
§ 1.]
Contingent effective date—1986 c 155: "This act shall take effect
on January 1, 1987, if the proposed amendment to Article XXVIII of the
state Constitution establishing an exclusive process for changes in the
salaries of members of the legislature and other elected state officials is
validly submitted and is approved and ratified by the voters at a general
election held in November, 1986. If such proposed amendment is not so
submitted and approved and ratified, this act shall be null and void in its
entirety." [1986 c 155 § 16.] 1986 House Joint Resolution No. 49 was
approved at the November 1986 general election. See Article XXVIII,
section 1 and Amendment 78 of the state Constitution.
Severability—1986 c 155: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 155 § 15.]
43.03.305 Washington citizens’ commission on
salaries for elected officials—Generally. There is created
a commission to be known as the Washington citizens’
commission on salaries for elected officials, to consist of
sixteen members appointed by the governor as provided in
this section.
(1) Nine of the sixteen commission members shall be
selected by lot by the secretary of state from among those
registered voters eligible to vote at the time persons are
selected for appointment to full terms on the commission
under subsection (3) of this section. One member shall be
selected from each congressional district. The secretary shall
establish policies and procedures for conducting the selection
by lot. The policies and procedures shall include, but not be
limited to, those for notifying persons selected and for
providing a new selection from a congressional district if a
person selected from the district declines appointment to the
commission or if, following the person’s appointment, the
person’s position on the commission becomes vacant before
the end of the person’s term of office.
(2) The remaining seven of the sixteen commission
members, all residents of this state, shall be selected jointly
by the speaker of the house of representatives and the
president of the senate. The persons selected under this
subsection shall have had experience in the field of personnel management. Of these seven members, one shall be
selected from each of the following five sectors in this state:
(2002 Ed.)
43.03.265
Private institutions of higher education; business; professional personnel management; legal profession; and organized
labor. Of the two remaining members, one shall be a person
recommended to the speaker and the president by the chair
of the Washington personnel resources board and one shall
be a person recommended by majority vote of the presidents
of the state’s four-year institutions of higher education.
(3) The secretary of state shall forward the names of
persons selected under subsection (1) of this section and the
speaker of the house of representatives and president of the
senate shall forward the names of persons selected under
subsection (2) of this section to the governor who shall
appoint these persons to the commission. Except as provided in subsection (6) of this section, the names of persons
selected for appointment to the commission shall be forwarded to the governor not later than February 15, 1987, and not
later than the fifteenth day of February every four years
through 1999. The terms of the members selected in 1999
shall terminate July 1, 2002, and the names of persons
selected for appointment to the commission shall be forwarded to the governor not later than July 1, 2002. Of the
sixteen names forwarded to the governor in 2002, the
governor shall by lot select four of the persons selected
under subsection (1) of this section and four of the persons
selected under subsection (2) of this section to serve twoyear terms, with the rest of the members serving four-year
terms. Thereafter, except as provided in subsection (6) of
this section, all members shall serve four-year terms and the
names of eight persons selected for appointment to the
commission shall be forwarded to the governor not later than
the first day of July every two years.
(4) No person may be appointed to more than two
terms. No member of the commission may be removed by
the governor during his or her term of office unless for
cause of incapacity, incompetence, neglect of duty, or
malfeasance in office or for a disqualifying change of residence.
The unexcused absence of any person who is a member
of the commission from two consecutive meetings of the
commission shall constitute the relinquishment of that
person’s membership on the commission. Such a relinquishment creates a vacancy in that person’s position on the
commission. A member’s absence may be excused by the
chair of the commission upon the member’s written request
if the chair believes there is just cause for the absence. Such
a request must be received by the chair before the meeting
for which the absence is to be excused. A member’s
absence from a meeting of the commission may also be
excused during the meeting for which the member is absent
by the affirmative vote of a majority of the members of the
commission present at the meeting.
(5) No state official, public employee, or lobbyist, or
immediate family member of the official, employee, or
lobbyist, subject to the registration requirements of chapter
42.17 RCW is eligible for membership on the commission.
As used in this subsection the phrase "immediate
family" means the parents, spouse, siblings, children, or
dependent relative of the official, employee, or lobbyist
whether or not living in the household of the official,
employee, or lobbyist.
(6) Upon a vacancy in any position on the commission,
a successor shall be selected and appointed to fill the
[Title 43 RCW—page 17]
43.03.305
Title 43 RCW: State Government—Executive
unexpired term. The selection and appointment shall be
concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as
originally provided. [1999 c 102 § 1; 1995 c 3 § 1; 1993 c
281 § 46; 1986 c 155 § 2.]
Effective date—1995 c 3: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [February 10, 1995]." [1995 c 3 § 3.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
43.03.310 Duties of citizens’ commission—Travel
expenses—Chair—Schedule of salaries—Publication—
Hearings. (1) The citizens’ commission on salaries for
elected officials shall study the relationship of salaries to the
duties of members of the legislature, all elected officials of
the executive branch of state government, and all judges of
the supreme court, court of appeals, superior courts, and
district courts, and shall fix the salary for each respective
position.
(2) Except as provided otherwise in RCW 43.03.305 and
this section, the commission shall be solely responsible for
its own organization, operation, and action and shall enjoy
the fullest cooperation of all state officials, departments, and
agencies.
(3) Members of the commission shall receive no
compensation for their services, but shall be eligible to
receive a subsistence allowance and travel expenses pursuant
to RCW 43.03.050 and 43.03.060.
(4) The members of the commission shall elect a chair
from among their number. The commission shall set a
schedule of salaries by an affirmative vote of not less than
nine members of the commission.
(5) The commission shall file its initial schedule of
salaries for the elected officials with the secretary of state no
later than the first Monday in June, 1987, and shall file a
schedule biennially thereafter. Each such schedule shall be
filed in legislative bill form, shall be assigned a chapter
number and published with the session laws of the legislature, and shall be codified by the statute law committee.
The signature of the chair of the commission shall be affixed
to each schedule submitted to the secretary of state. The
chair shall certify that the schedule has been adopted in
accordance with the provisions of state law and with the
rules, if any, of the commission. Such schedules shall
become effective ninety days after the filing thereof, except
as provided in Article XXVIII, section 1 of the state Constitution. State laws regarding referendum petitions shall apply
to such schedules to the extent consistent with Article
XXVIII, section 1 of the state Constitution.
(6) Before the filing of any salary schedule, the commission shall first develop a proposed salary schedule and
then hold no fewer than four regular meetings as defined by
chapter 42.30 RCW to take public testimony on the proposed
schedule within the four months immediately preceding the
filing. At the last public hearing that is held as a regular
meeting on the proposed schedule, the commission shall
adopt the salary schedule as originally proposed or as
amended at that meeting that will be filed with the secretary
of state.
[Title 43 RCW—page 18]
(7) All meetings, actions, hearings, and business of the
commission shall be subject in full to the open public
meetings act, chapter 42.30 RCW.
(8) Salaries of the officials referred to in subsection (1)
of this section that are in effect on January 12, 1987, shall
continue until modified by the commission under this
section. [1998 c 164 § 1; 1995 c 3 § 2; 1986 c 155 § 3.]
Effective date—1995 c 3: See note following RCW 43.03.305.
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Chapter 43.04
USE OF STATE SEAL
Sections
43.04.010
43.04.020
43.04.030
43.04.040
43.04.050
43.04.060
43.04.070
43.04.080
43.04.090
43.04.100
43.04.900
Legislative findings.
Definitions.
Use of state seal—Official purposes.
Use of state seal—Commemorative and souvenir items—
Historical, educational, and civil purposes—
Application—Fee—Licensing agreements—Rules.
Use of state seal—Prohibitions—Imitations.
Endorsements prohibited.
Civil penalties—Injunctions.
Investigations—Enforcement.
Criminal penalty.
Deposit of fees, penalties, and damages—Use.
Severability—1988 c 120.
43.04.010 Legislative findings. The legislature finds
that the seal of the state of Washington is a symbol of the
authority and sovereignty of the state and is a valuable asset
of its people. It is the intent of the legislature to ensure that
appropriate uses are made of the state seal and to assist the
secretary of state in the performance of the secretary’s
constitutional duty as custodian of the seal. [1988 c 120 §
1.]
43.04.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "State seal" means the seal of the state as described
in Article XVIII, section 1 of the state Constitution and in
RCW 1.20.080.
(2) "Secretary" means the secretary of state and any
designee of the secretary of state. [1988 c 120 § 2.]
43.04.030 Use of state seal—Official purposes.
Except as otherwise provided in this chapter, the state seal
shall be used for official purposes only. [1988 c 120 § 3.]
43.04.040 Use of state seal—Commemorative and
souvenir items—Historical, educational, and civil purposes—Application—Fee—Licensing agreements—Rules. (1)
The secretary of state may authorize the use of the state seal
on commemorative and souvenir items, and for historical,
educational, and civic purposes. Such authorization shall be
in writing.
(2) Application for such authorization shall be in writing
and shall be accompanied by a filing fee, the amount of
which shall be determined by the secretary of state. The
(2002 Ed.)
Use of State Seal
secretary shall set the fee at a level adequate to cover the
administrative costs of processing the applications.
(3) If the secretary determines that a permitted use of
the seal could financially benefit the state, the secretary may
condition authorization upon a licensing agreement to secure
those benefits for the state.
(4) The secretary of state shall adopt rules under chapter
34.05 RCW to govern the use of the seal in a manner
consistent with this chapter. Any rule governing the use of
the seal shall be designed to prevent inappropriate or
misleading use of the seal and to assure tasteful and highquality reproduction of the seal. The rules shall also
prescribe the circumstances when a licensing arrangement
shall be required and the method for determining licensing
fees. [1988 c 120 § 4.]
43.04.050 Use of state seal—Prohibitions—
Imitations. (1) Except as otherwise provided in RCW
43.04.040, the state seal shall not be used on or in connection with any advertising or promotion for any product,
business, organization, service, or article whether offered for
sale for profit or offered without charge.
(2) The state seal shall never be used in a political
campaign to assist or defeat any candidate for elective office.
(3) It is a violation of this chapter to use any symbol
that imitates the seal or that is deceptively similar in appearance to the seal, in any manner that would be an improper
use of the official seal itself.
(4) Nothing in this chapter shall prohibit the reproduction of the state seal for illustrative purposes by the news
media if the reproduction by the news media is incidental to
the publication or the broadcast. Nothing in this chapter
shall prohibit a characterization of the state seal from being
used in political cartoons. [1988 c 120 § 5.]
43.04.060 Endorsements prohibited. No use of the
state seal may operate or be construed to operate in any way
as an endorsement of any business, organization, product,
service, or article. [1988 c 120 § 6.]
43.04.070 Civil penalties—Injunctions. Any person
who violates RCW 43.04.050 (1) or (3) by using the state
seal or an imitative or deceptively similar seal on or in
connection with any product, business, organization, service,
or article shall be liable for damages in a suit brought by the
attorney general. The damages shall be equal to the gross
monetary amount gained by the misuse of the state seal or
the use of the imitative or deceptively similar seal, plus
attorney’s fees and other costs of the state in bringing the
suit. The "gross monetary amount" is the total of the gross
receipts that can be reasonably attributed to the misuse of the
seal or the use of an imitative or deceptively similar seal. In
addition to the damages, the violator is subject to a civil
penalty imposed by the court in an amount not to exceed
five thousand dollars. In imposing this penalty, the court
shall consider the need to deter further violations of this
chapter.
The attorney general may seek and shall be granted such
injunctive relief as is appropriate to stop or prevent violations of this chapter. [1988 c 120 § 7.]
(2002 Ed.)
43.04.040
43.04.080 Investigations—Enforcement. The
secretary of state shall conduct investigations for violations
of this chapter and may request enforcement by the attorney
general. [1988 c 120 § 8.]
43.04.090 Criminal penalty. Any person who
wilfully violates this chapter is guilty of a misdemeanor.
[1988 c 120 § 9.]
43.04.100 Deposit of fees, penalties, and damages—
Use. All fees, penalties, and damages received under this
chapter shall be paid to the secretary of state and with the
exception of the filing fee authorized in RCW 43.04.040(2)
shall be deposited by the secretary into the capitol building
construction account in the state treasury, for use in the
historical restoration and completion of the legislative
building. [1988 c 120 § 10.]
43.04.900 Severability—1988 c 120. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 120 § 13.]
Chapter 43.05
TECHNICAL ASSISTANCE PROGRAMS
Sections
43.05.005
43.05.010
43.05.020
43.05.030
43.05.040
43.05.050
43.05.060
43.05.070
43.05.080
43.05.090
43.05.100
43.05.110
43.05.120
43.05.130
43.05.140
43.05.150
43.05.901
43.05.902
43.05.903
43.05.904
43.05.905
Findings.
Definitions.
Agency programs—List of technical assistance providers.
Technical assistance visit—Notice of violation.
Time to correct violations—Revisit—Issuance of penalties.
Issuance of penalty during technical assistance visit.
Department of ecology—Notice of correction.
Department of ecology—Penalty.
Application of RCW 43.05.060 and 43.05.070—Limited.
Department of labor and industries—Consultative visit, report—Compliance inspection, citation.
Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction.
Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty.
Time for compliance—Extension.
Educational programs.
Pilot voluntary audit program.
Agency immunity—Enforcement authority.
Conflict with federal requirements.
Resolution of conflict with federal requirements—
Notification.
Part headings not law—1995 c 403.
Severability—1995 c 403.
Findings—Short title—Intent—1995 c 403.
43.05.005 Findings. The legislature finds that, due to
the volume and complexity of laws and rules it is appropriate for regulatory agencies to adopt programs and policies
that encourage voluntary compliance by those affected by
specific rules. The legislature recognizes that a cooperative
partnership between agencies and regulated parties that
emphasizes education and assistance before the imposition of
penalties will achieve greater compliance with laws and rules
and that most individuals and businesses who are subject to
regulation will attempt to comply with the law, particularly
if they are given sufficient information. In this context,
[Title 43 RCW—page 19]
43.05.005
Title 43 RCW: State Government—Executive
enforcement should assure that the majority of a regulated
community that complies with the law are not placed at a
competitive disadvantage and that a continuing failure to
comply that is within the control of a party who has received
technical assistance is considered by an agency when it
determines the amount of any civil penalty that is issued.
[1995 c 403 § 601.]
43.05.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance
with state or federal law or rules. The term does not include
any criminal penalty, damage assessments, wages, premiums,
or taxes owed, or interest or late fees on any existing
obligation.
(2) "Regulatory agency" means an agency as defined in
RCW 34.05.010 that has the authority to issue civil penalties.
The term does not include the state patrol or any institution
of higher education as defined in RCW 28B.10.016.
(3) "Technical assistance" includes:
(a) Information on the laws, rules, and compliance
methods and technologies applicable to the regulatory
agency’s programs;
(b) Information on methods to avoid compliance
problems;
(c) Assistance in applying for permits; and
(d) Information on the mission, goals, and objectives of
the program.
(4) "Technical assistance documents" means documents
prepared to provide information specified in subsection (3)
of this section entitled a technical assistance document by
the agency head or its designee. Technical assistance
documents do not include notices of correction, violation, or
enforcement action. Technical assistance documents do not
impose mandatory obligations or serve as the basis for a
citation. [1999 c 236 § 1; 1995 c 403 § 602.]
43.05.020 Agency programs—List of technical
assistance providers. All regulatory agencies shall develop
programs to encourage voluntary compliance by providing
technical assistance consistent with statutory requirements.
The programs shall include but are not limited to technical
assistance visits, printed information, information and
assistance by telephone, training meetings, and other appropriate methods to provide technical assistance. In addition,
all regulatory agencies shall provide upon request a list of
organizations, including private companies, that provide
technical assistance. This list shall be compiled by the agencies from information submitted by the organizations and
shall not constitute an endorsement by an agency of any
organization. [1995 c 403 § 603.]
43.05.030 Technical assistance visit—Notice of
violation. (1) For the purposes of this chapter, a technical
assistance visit is a visit by a regulatory agency to a facility,
business, or other location that:
(a) Has been requested or is voluntarily accepted; and
(b) Is declared by the regulatory agency at the beginning
of the visit to be a technical assistance visit.
[Title 43 RCW—page 20]
(2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250.
(3) During a technical assistance visit, or within a
reasonable time thereafter, a regulatory agency shall inform
the owner or operator of the facility of any violations of law
or agency rules identified by the agency as follows:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the agency requires compliance
to be achieved;
(d) Notice of the means to contact any technical
assistance services provided by the agency or others; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may
be filed with the agency. [1996 c 206 § 2; 1995 c 403 §
604.]
Findings—1996 c 206: "The legislature finds that many individuals
and small businesses who are required to comply with laws and agency
rules often do not have access to the Revised Code of Washington, the
Washington Administrative Code, the United States Code, or the Code of
Federal Regulations. In this case, those informed of violations do not know
whether, or to what extent, the cited law or agency rule actually applies to
their situation. In order to facilitate greater understanding of the law and
agency rules, the legislature finds that those who make the effort to obtain
technical assistance from a regulatory agency, and those who are issued a
notice of correction, should be given the text of the specific section or
subsection of the law or agency rule they are alleged to have violated."
[1996 c 206 § 1.]
43.05.040 Time to correct violations—Revisit—
Issuance of penalties. (1) The owner and operator shall be
given a reasonable period of time to correct violations
identified during a technical assistance visit before any civil
penalty provided for by law is imposed for those violations.
A regulatory agency may revisit a facility, business, or other
location after a technical assistance visit and a reasonable
period of time has passed to correct violations identified by
the agency in writing and issue civil penalties as provided
for by law for any uncorrected violations.
(2) During a visit under subsection (1) of this section,
the regulatory agency may not issue civil penalties for
violations not previously identified in a technical assistance
visit, unless the violations are of the type for which the
agency may issue a citation: (a) During a technical assistance visit under RCW 43.05.050; or (b) under RCW
43.05.090. [2001 c 190 § 1; 1995 c 403 § 605.]
43.05.050 Issuance of penalty during technical
assistance visit. A regulatory agency that observes a
violation during a technical assistance visit may issue a civil
penalty as provided for by law if: (1) The individual or
business has previously been subject to an enforcement
action for the same or similar type of violation of the same
statute or rule or has been given previous notice of the same
or similar type of violation of the same statute or rule; or (2)
the issue involves sales taxes due to the state and the
individual or business is not remitting previously collected
sales taxes to the state; or (3) the violation has a probability
of placing a person in danger of death or bodily harm, has
a probability of causing more than minor environmental
(2002 Ed.)
Technical Assistance Programs
harm, or has a probability of causing physical damage to the
property of another in an amount exceeding one thousand
dollars. [1995 c 403 § 606.]
43.05.060 Department of ecology—Notice of correction. (1) If in the course of any site inspection or visit that
is not a technical assistance visit, the department of ecology
becomes aware of conditions that are not in compliance with
applicable laws and rules enforced by the department and are
not subject to civil penalties as provided for in RCW
43.05.070, the department may issue a notice of correction
to the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical
assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may
be filed with the department.
(2) A notice of correction is not a formal enforcement
action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it
shall not issue a civil penalty for the violations identified in
the notice of correction unless the responsible party fails to
comply with the notice. [1996 c 206 § 3; 1995 c 403 §
607.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.05.070 Department of ecology—Penalty. The
department of ecology may issue a civil penalty provided for
by law without first issuing a notice of correction if: (1)
The person has previously been subject to an enforcement
action for the same or similar type of violation of the same
statute or rule or has been given previous notice of the same
or similar type of violation of the same statute or rule; or (2)
compliance is not achieved by the date established by the
department in a previously issued notice of correction, if the
department has responded to any request for review of such
date by reaffirming the original date or establishing a new
date; or (3) the violation has a probability of placing a
person in danger of death or bodily harm, has a probability
of causing more than minor environmental harm, or has a
probability of causing physical damage to the property of
another in an amount exceeding one thousand dollars. [1995
c 403 § 608.]
43.05.080 Application of RCW 43.05.060 and
43.05.070—Limited. The provisions of RCW 43.05.060 and
43.05.070 affecting civil penalties issued by the department
of ecology shall not apply to civil penalties for negligent
discharge of oil as authorized under RCW 90.56.330 or to
civil penalties as authorized under RCW 90.03.600 for
unlawful use of water in violation of RCW 90.03.250 or
90.44.050. [1995 c 403 § 609.]
(2002 Ed.)
43.05.050
43.05.090 Department of labor and industries—
Consultative visit, report—Compliance inspection,
citation. (1) Following a consultative visit pursuant to RCW
49.17.250, the department of labor and industries shall issue
a report to the employer that the employer shall make
available to its employees. The report shall contain:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of means to contact technical assistance
services provided by the department; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may
be filed with the department.
(2) Following a compliance inspection pursuant to RCW
49.17.120, the department of labor and industries shall issue
a citation for violations of industrial safety and health
standards. The citation shall not assess a penalty if the
violations:
(a) Are determined not to be of a serious nature;
(b) Have not been previously cited;
(c) Are not willful; and
(d) Do not have a mandatory penalty under chapter
49.17 RCW. [1996 c 206 § 4; 1995 c 403 § 610.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.05.100 Departments of agriculture, fish and
wildlife, health, licensing, natural resources—Notice of
correction. (1) If in the course of any inspection or visit
that is not a technical assistance visit, the department of
agriculture, fish and wildlife, health, licensing, or natural resources becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in
RCW 43.05.110, the department may issue a notice of
correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical
assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may
be filed with the department.
(2) A notice of correction is not a formal enforcement
action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it
shall not issue a civil penalty for the violations identified in
the notice of correction unless the responsible party fails to
comply with the notice. [1996 c 206 § 5; 1995 c 403 §
611.]
Findings—1996 c 206: See note following RCW 43.05.030.
[Title 43 RCW—page 21]
43.05.110
Title 43 RCW: State Government—Executive
43.05.110 Departments of agriculture, fish and
wildlife, health, licensing, natural resources—Penalty.
The department of agriculture, fish and wildlife, health,
licensing, or natural resources may issue a civil penalty
provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an
enforcement action for the same or similar type of violation
of the same statute or rule or has been given previous notice
of the same or similar type of violation of the same statute
or rule; or (2) compliance is not achieved by the date
established by the department in a previously issued notice
of correction, if the department has responded to any request
for review of such date by reaffirming the original date or
establishing a new date; [or] (3) the violation has a probability of placing a person in danger of death or bodily harm,
has a probability of causing more than minor environmental
harm, or has a probability of causing physical damage to the
property of another in an amount exceeding one thousand
dollars; or (4) the violation was committed by a business that
employed fifty or more employees on at least one day in
each of the preceding twelve months. In addition, the
department of fish and wildlife may issue a civil penalty
provided for by law without first issuing a notice of correction for a violation of any rule dealing with seasons, catch
or bag limits, gear types, or geographical areas for fish or
wildlife removal, reporting, or disposal.
This section does not apply to the civil penalties
imposed under RCW 82.38.170(13). [1998 c 176 § 84; 1995
c 403 § 612.]
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
43.05.120 Time for compliance—Extension. The
date for compliance established by the department of
ecology, labor and industries, agriculture, fish and wildlife,
health, licensing, or natural resources pursuant to RCW
43.05.060, 43.05.090, or 43.05.100 respectively shall provide
for a reasonable time to achieve compliance. Any person
receiving a notice of correction pursuant to RCW 43.05.060
or 43.05.100 or a report or citation pursuant to RCW
43.05.090 may request an extension of time to achieve
compliance for good cause from the issuing department.
Requests shall be submitted to the issuing department and responded to by the issuing department in writing in accordance with procedures specified by the issuing department in
the notice, report, or citation. [1995 c 403 § 613.]
43.05.130 Educational programs. The departments
of revenue and labor and industries and the employment
security department shall undertake an educational program
directed at those who have the most difficulty in determining
their tax or premium liability. The departments may rely on
information from internal data, trade associations, and
businesses to determine which entities should be selected.
The educational programs may include, but not be limited to,
targeted informational fact sheets, self-audits, or workshops,
and may be presented individually by the agency or in
conjunction with other agencies. [1995 c 403 § 614.]
43.05.140 Pilot voluntary audit program. The
department of revenue, the department of labor and indus[Title 43 RCW—page 22]
tries in respect to its duties in Title 51 RCW, and the
employment security department shall develop and administer a pilot voluntary audit program. Voluntary audits can be
requested by businesses from any of these agencies according to guidelines established by each agency. No penalty
assessments may be made against participants in such a
program except when the agency determines that either a
good faith effort has not been made by the taxpayer or
premium payer to comply with the law or that the taxpayer
has failed to remit previously collected sales taxes to the
state. The persons conducting the voluntary audit shall
provide the business undergoing the voluntary audit an audit
report that describes errors or omissions found and future
reporting instructions. This program does not relieve a
business from past or future tax or premium obligations.
[1995 c 403 § 615.]
43.05.150 Agency immunity—Enforcement authority. Nothing in this chapter obligates a regulatory agency to
conduct a technical assistance visit. The state and officers
or employees of the state shall not be liable for damages to
a person to the extent that liability is asserted to arise from
providing technical assistance, or if liability is asserted to
arise from the failure of the state or officers or employees of
the state to provide technical assistance. This chapter does
not limit the authority of any regulatory agency to take any
enforcement action, other than a civil penalty, authorized by
law. This chapter shall not limit a regulatory agency’s
authority to issue a civil penalty as authorized by law based
upon a person’s failure to comply with specific terms and
conditions of any permit or license issued by the agency to
that person. [1995 c 403 § 617.]
43.05.901 Conflict with federal requirements. If a
regulatory agency determines any part of this chapter to be
in conflict with federal law or program requirements, in
conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, or in
conflict with the requirements for eligibility of employers in
this state for federal unemployment tax credits, the conflicting part of this chapter shall be inoperative solely to the
extent of the conflict. Any rules under this chapter shall
meet federal requirements that are a necessary condition to
the receipt of federal funds by the state or the granting of
federal unemployment tax credits to employers in this state.
[1995 c 403 § 619.]
43.05.902 Resolution of conflict with federal
requirements—Notification. If notified by responsible
federal officials of any conflict of this chapter with federal
law or program requirements or with federal requirements
that are a prescribed condition to the allocation of federal
funds to the state, the regulatory agency notified of the
conflict shall actively seek to resolve the conflict. If the
agency determines that the conflict cannot be resolved
without loss of benefits or authority to the state, the agency
shall notify the governor, the president of the senate, and the
speaker of the house of representatives in writing within
thirty days of making that determination. [1995 c 403 §
620.]
(2002 Ed.)
Technical Assistance Programs
43.05.903 Part headings not law—1995 c 403. Part
headings as used in this act do not constitute any part of the
law. [1995 c 403 § 1101.]
43.05.904 Severability—1995 c 403. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 403 § 1105.]
43.05.905 Findings—Short title—Intent—1995 c
403. See note following RCW 34.05.328.
Chapter 43.06
GOVERNOR
Sections
43.06.010
43.06.015
43.06.020
43.06.030
43.06.040
43.06.050
43.06.055
43.06.060
43.06.070
43.06.080
43.06.090
43.06.092
43.06.094
43.06.110
43.06.115
43.06.120
43.06.130
43.06.150
43.06.200
43.06.210
43.06.220
43.06.230
43.06.240
43.06.250
43.06.260
43.06.270
43.06.335
43.06.350
43.06.400
43.06.410
43.06.415
43.06.420
(2002 Ed.)
General powers and duties.
Interstate oil compact commission—Governor may join.
Records to be kept.
Appointments to senate for confirmation—Notice.
Lieutenant governor acts in governor’s absence.
Powers and duties of acting governor.
Governor-elect—Appropriation to provide office and staff.
Expense of publishing proclamations.
Removal of appointive officers.
Removal of appointive officers—Statement of reasons to be
filed.
Removal of appointive officers—Filling of vacancy.
Gubernatorial appointees—Continuation of service—
Appointments to fill vacancies.
Gubernatorial appointees—Removal prior to confirmation.
Economic opportunity act programs—State participation—
Authority of governor.
Militarily impacted area—Declaration by governor.
Federal funds and programs—Acceptance of funds by governor authorized—Administration and disbursement.
Federal funds and programs—Payment of travel expenses of
committees, councils, or other bodies.
Federal funds and programs—Participating agencies to notify director of financial management, joint legislative
audit and review committee and legislative council—
Progress reports.
Definitions.
Proclamations—Generally—State of emergency.
State of emergency—Powers of governor pursuant to proclamation.
State of emergency—Destroying or damaging property or
causing personal injury—Penalty.
State of emergency—Disorderly conduct after emergency
proclaimed—Penalty.
State of emergency—Refusing to leave public way or property when ordered—Penalty.
State of emergency—Prosecution of persons sixteen years or
over as adults.
State of emergency—State militia or state patrol—Use in
restoring order.
Washington quality award council—Organization—Duties—
Expiration.
Foreign nationals or citizens, convicted offenders—Transfers
and sentences.
Listing of reduction in revenues from tax exemptions to be
submitted to legislature by department of revenue—
Periodic review and submission of recommendations to
legislature by governor.
State internship program—Governor’s duties.
State internship program coordinator—Rules.
Undergraduate internship program—Executive fellows program.
43.05.903
43.06.425
Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and vacation leave.
43.06.435 Interns—Effect on full time equivalent staff position limitations.
43.06.450 Cigarette tax contracts—Intent—Finding—Limitations.
43.06.455 Cigarette tax contracts—Requirements—Use of revenue—
Enforcement—Definitions.
43.06.460 Cigarette tax contracts—Eligible tribes—Tax rate.
Appointing power
accountancy board: RCW 18.04.035.
administrator for the courts, submission of list for appointment from:
RCW 2.56.010.
architects board of registration: RCW 18.08.330.
board of registration of professional engineers and land surveyors: RCW
18.43.030.
board of tax appeals: RCW 82.03.020.
center for volunteerism and citizen service: RCW 43.150.040.
clemency and pardons board: RCW 9.94A.880.
college district boards of trustees: RCW 28B.50.100.
council for the prevention of child abuse and neglect: RCW 43.121.020.
court of appeals vacancy: State Constitution Art. 4 § 30; RCW 2.06.080.
criminal justice training commission: RCW 43.101.030.
degree-granting institutions, attorney general participation: Chapter
28B.85 RCW.
department of ecology, director of: RCW 43.21A.050.
department of social and health services, secretary of: RCW 43.20A.040.
directors of state departments and agencies: RCW 43.17.020.
electrical advisory board members: RCW 19.28.311.
energy facility site evaluation council: RCW 80.50.030.
financial management, director: RCW 43.41.060.
fish and wildlife commission: RCW 77.04.030.
higher education facilities authority: RCW 28B.07.030.
industrial insurance appeals board: RCW 51.52.010.
information services board: RCW 43.105.032.
interagency committee for outdoor recreation: RCW 79A.25.110.
investment board members: RCW 43.33A.020.
judges of court of appeals, vacancy: State Constitution Art. 4 § 30; RCW
2.06.080.
judges of superior court, vacancy: State Constitution Art. 4 § 5; RCW
2.08.120.
vacancy resulting from creation of additional judgeship: RCW
2.08.069.
justices of supreme court, vacancy: State Constitution Art. 4 § 3; RCW
2.04.100.
license examining committee: RCW 43.24.060.
militia officers: State Constitution Art. 10 § 2.
optometry board members: RCW 18.54.030.
Pacific marine fisheries commission, appointment of representatives to:
RCW 77.75.040.
pharmacy board: RCW 18.64.001.
physical therapy board committee: RCW 18.74.020.
podiatric medical board: RCW 18.22.013.
pollution control hearings board of the state: RCW 43.21B.020,
43.21B.030.
private vocational schools, attorney general participation: Chapter
28C.10 RCW.
public printer: RCW 43.78.010.
railroad policemen: RCW 81.60.010.
real estate commission: RCW 18.85.071.
regents of educational institutions: State Constitution Art. 13 § 1.
state arts commission: RCW 43.46.015.
state board for community and technical colleges: RCW 28B.50.050,
28B.50.070.
state board of health: RCW 43.20.030.
state college boards of trustees: RCW 28B.40.100.
state patrol chief: RCW 43.43.020.
statute law committee members: RCW 1.08.001.
superior court vacancy: State Constitution Art. 4 § 5; RCW 2.08.069,
2.08.120.
supreme court vacancy: State Constitution Art. 4 § 3; RCW 2.04.100.
traffic safety commission: RCW 43.59.030.
transportation commission members: RCW 47.01.051.
uniform legislation commission: RCW 43.56.010.
United States senator, filling vacancy in office of: RCW 29.68.070.
University of Washington board of regents: RCW 28B.20.100.
utilities and transportation commission: RCW 80.01.010.
[Title 43 RCW—page 23]
Chapter 43.06
Title 43 RCW: State Government—Executive
vacancies in
appointive office filled by: State Constitution Art. 3 § 13.
court of appeals, filled by: State Constitution Art. 4 § 30; RCW
2.06.080.
legislature, duties: State Constitution Art. 2 § 15.
superior court, filled by: State Constitution Art. 4 § 5; RCW
2.08.069, 2.08.120.
supreme court, filled by: State Constitution Art. 4 § 3; RCW
2.04.100.
veterinary board of governors: RCW 18.92.021.
visiting judges of superior court: RCW 2.08.140.
Washington personnel resources board: RCW 41.06.110.
Washington State University board of regents: RCW 28B.30.100.
Approval of laws: State Constitution Art. 3 § 12.
Associations of municipal corporations or officers to furnish information to
governor: RCW 44.04.170.
Attorney general, advice to governor: RCW 43.10.030.
Board of natural resources member: RCW 43.30.040.
Bonds, notes and other evidences of indebtedness, governor’s duties:
Chapter 39.42 RCW.
Clemency and pardons board, established as board in office of governor:
RCW 9.94A.880.
Commander-in-chief of state militia: State Constitution Art. 3 § 8.
Commissions issued by state, signed by: State Constitution Art. 3 § 15.
Commutation of death sentence, power to commute: RCW 10.01.120.
Congress, special election to fill vacancy in office of called by: RCW
29.68.080.
Continuity of government in event of enemy attack, succession to office of
governor: RCW 42.14.020.
Council for the prevention of child abuse and neglect, jurisdiction in
governor: RCW 43.121.020.
Driver license compact, executive head: RCW 46.21.040.
Election certificates issued for state and congressional offices by: RCW
29.27.110.
Election of: State Constitution Art. 3 § 1.
Execution of laws: State Constitution Art. 3 § 5.
Extradition proceedings
power and duties as to: RCW 10.34.030.
warrant issued by: RCW 10.88.260.
Fines, power to remit: State Constitution Art. 3 § 11.
Forfeitures, power to remit: State Constitution Art. 3 § 11.
Highway
construction bonds and coupons, governor to sign: Chapter 47.10 RCW.
toll facility property sale, deed executed by: RCW 47.56.255.
Impeachment: State Constitution Art. 5 §§ 1, 2.
Indians, assumption of state jurisdiction, proclamation by governor: RCW
37.12.021.
Information in writing may be required from state officers: State Constitution Art. 3 § 5.
Interstate compact on juveniles, duties: Chapter 13.24 RCW.
Judges’ retirement applications, doctors’ examination report, approval and
filing of: RCW 2.12.020.
Judicial officers
extension of leave of absence of: State Constitution Art. 4 § 8.
superior court, assignment to another county by: State Constitution Art.
4 §§ 5, 7.
Labor and industries, department, biennial report to governor: RCW
43.22.330.
Legal holidays
designation of: RCW 1.16.050.
proclamation process, applicability to courts: RCW 2.28.100.
Legislature
extra session, may convene: State Constitution Art. 3 § 7.
messages to: State Constitution Art. 3 § 6.
vacancies, filled by: State Constitution Art. 2 § 15.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
[Title 43 RCW—page 24]
Marketing agreements or orders, annual audit of financial affairs under,
governor to receive reports of: RCW 15.65.490.
Messages to legislature: State Constitution Art. 3 § 6.
Militia and military affairs
commander-in-chief of militia: State Constitution Art. 3 § 8; RCW
38.08.020.
compacts with other states for guarding boundaries: RCW 38.08.100.
eminent domain for military purposes: RCW 8.04.170, 8.04.180.
martial law, proclamation by, when: RCW 38.08.030.
officers, commissioned by: State Constitution Art. 10 § 2.
personal staff: RCW 38.08.070.
rules promulgated by: RCW 38.08.090.
strength, composition, training, etc., prescribed by: RCW 38.04.040.
Motor vehicle administration, annual report of director of licensing to go
to: RCW 46.01.290.
OASI, agreement of state for participation of state and political subdivision
employees, duties concerning: Chapter 41.48 RCW.
Oath of office: RCW 43.01.020.
Official bonds, approval of: RCW 42.08.100.
Pardons
power to grant: RCW 10.01.120.
report to legislature of: State Constitution Art. 3 §§ 9, 11.
restrictions prescribed by law: State Constitution Art. 3 § 9.
Paroles, governor may revoke: RCW 9.95.160.
Protection for governor, lieutenant governor, and governor elect, duty of
chief of state patrol to provide: RCW 43.43.035.
Puget Sound ferry and toll bridge system, governor’s powers and duties
relating to: Chapter 47.60 RCW.
Registry of governor’s acts kept by secretary of state: RCW 43.07.030.
Remission of fines and forfeitures report to legislature with reasons: State
Constitution Art. 3 § 11.
Reports to governor
agricultural marketing agreements or orders, audits and financial reports:
RCW 15.65.490.
agricultural marketing legislation recommendations: RCW 15.64.010.
agriculture director: RCW 43.23.130.
annual report by state officers, etc., period covered: RCW 43.01.035.
business license center: RCW 19.02.030.
department of transportation, operation and construction activities: RCW
47.01.141.
engineers and land surveyors board of registration: RCW 18.43.035.
enrollment forecasts: RCW 43.62.050.
financial management, director: RCW 43.88.160.
fish and wildlife director: RCW 77.04.120.
governor’s advisory committee on agency officials’ salaries: RCW
43.03.028.
horse racing commission: RCW 67.16.015.
human rights commission: RCW 49.60.100.
indeterminate sentence review board: RCW 9.95.265.
industrial insurance, violations: RCW 51.04.020.
investment activities of state investment board: RCW 43.33A.150.
judges of the supreme court to report defects or omissions in laws to:
RCW 2.04.230.
labor and industries director: RCW 43.22.330, 49.12.180.
motor vehicle administration, director of licensing: RCW 46.01.290.
prosecuting attorneys, annual report: RCW 36.27.020.
state arts commission: RCW 43.46.070.
state board for community and technical colleges: RCW 28B.50.070.
state board of health: RCW 43.20.100.
state officers: State Constitution Art. 3 § 5.
state parks and recreation commission: RCW 79A.05.030.
superintendent of public instruction, biennial report: RCW 28A.300.040.
University of Washington board of regents: RCW 28B.20.130.
veterans’ rehabilitation council: RCW 43.61.040.
Reprieves
power to grant: RCW 10.01.120.
report to legislature: State Constitution Art. 3 § 11.
Residence at seat of government: State Constitution Art. 3 § 24.
Resignation by state officers and members of legislature made to: RCW
42.12.020.
(2002 Ed.)
Governor
Salaries of public officials, governor’s duties: RCW 43.03.028 and
43.03.040.
Salary of governor, amount of: State Constitution Art. 28 § 1; RCW
43.03.010.
Sale of unneeded toll facility property, governor to execute deed: RCW
47.56.255.
School apportionment demands estimate certified to: RCW 28A.300.170.
Secretary of transportation, governor to fix salary of: RCW 47.01.031.
Security and protection for governor, lieutenant governor, and governor
elect, duty of state patrol to provide: RCW 43.43.035.
State building authority member: Chapter 43.75 RCW.
State capitol committee member: RCW 43.34.010.
State finance committee member: RCW 43.33.010.
State parks, disposal of land not needed for park purposes, conveyance
instruments executed by: RCW 79A.05.175.
State participation within student exchange compact programs—Board to
advise governor: RCW 28B.80.170.
Succession to governorship: State Constitution Art. 3 § 10.
Superior court judge, assignment to another county: State Constitution Art.
4 §§ 5, 7.
Supreme executive power vested in: State Constitution Art. 3 § 2.
Term of office: State Constitution Art. 3 § 2; RCW 43.01.010.
Toll bridge bonds, governor to countersign: RCW 47.56.140.
Toll bridges, improvement of existing bridge and construction of new bridge
as single project, governor’s powers and duties relating to: Chapter
47.58 RCW.
Traffic safety commission and programs, powers, duties and responsibilities
of governor: Chapter 43.59 RCW.
Unanticipated receipts, governor as state’s agent to receive: RCW
43.79.260.
Unemployment compensation, delinquent payments in lieu of contributions
of political subdivisions, governor may withhold funds for: RCW
50.24.125.
Uniform interstate family support act
extradition powers and duties: RCW 26.21.640.
governor defined for purposes of: RCW 26.21.640.
United States senate, filling vacancy in: RCW 29.68.070.
Vacancies
in court of appeals: State Constitution Art. 4 § 30; RCW 2.06.080.
in legislature, duties: State Constitution Art. 2 § 15.
in office filled by: State Constitution Art. 3 § 13.
in superior court: State Constitution Art. 4 § 5.
in supreme court: State Constitution Art. 4 § 3.
Vacancy in office of governor
election to fill: State Constitution Art. 3 § 10.
succession to: State Constitution Art. 3 § 10.
Veto
initiatives and referendums, power does not extend to: State Constitution
Art. 2 § 1.
power of: State Constitution Art. 3 § 12.
Voluntary action center, establishment by governor: RCW 43.150.040.
Washington scholars’ program, participation in: RCW 28A.600.100
through 28A.600.150.
Water pollution control, powers and duties pertaining to: RCW 90.48.260,
90.48.262.
43.06.010 General powers and duties. In addition to
those prescribed by the Constitution, the governor may
exercise the powers and perform the duties prescribed in this
and the following sections:
(1) The governor shall supervise the conduct of all
executive and ministerial offices;
(2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070, and the duties
thereof performed, or in default thereof, apply such remedy
(2002 Ed.)
Chapter 43.06
as the law allows; and if the remedy is imperfect, acquaint
the legislature therewith at its next session;
(3) The governor shall make the appointments and
supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending
against this state, or which may affect the title of this state
to any property, or which may result in any claim against the
state, the governor may direct the attorney general to appear
on behalf of the state, and report the same to the governor,
or to any grand jury designated by the governor, or to the
legislature when next in session;
(6) The governor may require the attorney general or
any prosecuting attorney to inquire into the affairs or
management of any corporation existing under the laws of
this state, or doing business in this state, and report the same
to the governor, or to any grand jury designated by the
governor, or to the legislature when next in session;
(7) The governor may require the attorney general to aid
any prosecuting attorney in the discharge of the prosecutor’s
duties;
(8) The governor may offer rewards, not exceeding one
thousand dollars in each case, payable out of the state
treasury, for information leading to the apprehension of any
person convicted of a felony who has escaped from a state
correctional institution or for information leading to the
arrest of any person who has committed or is charged with
the commission of a felony;
(9) The governor shall perform such duties respecting
fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election
proclamations as prescribed by law;
(11) The governor may require any officer or board to
make, upon demand, special reports to the governor, in
writing;
(12) The governor may, after finding that a public
disorder, disaster, energy emergency, or riot exists within
this state or any part thereof which affects life, health,
property, or the public peace, proclaim a state of emergency
in the area affected, and the powers granted the governor
during a state of emergency shall be effective only within
the area described in the proclamation;
(13) The governor may, after finding that there exists
within this state an imminent danger of infestation of plant
pests as defined in RCW 17.24.007 or plant diseases which
seriously endangers the agricultural or horticultural industries
of the state of Washington, or which seriously threatens life,
health, or economic well-being, order emergency measures
to prevent or abate the infestation or disease situation, which
measures, after thorough evaluation of all other alternatives,
may include the aerial application of pesticides;
(14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and
empowered to execute on behalf of the state compacts with
federally recognized Indian tribes in the state of Washington
pursuant to the federal Indian Gaming Regulatory Act, 25
U.S.C. Sec. 2701 et seq., for conducting class III gaming, as
defined in the Act, on Indian lands. [1994 c 223 § 3; 1993
c 142 § 5; 1992 c 172 § 1; 1991 c 257 § 22; 1982 c 153 §
1; 1979 ex.s. c 53 § 4; 1977 ex.s. c 289 § 15; 1975-’76 2nd
[Title 43 RCW—page 25]
43.06.010
Title 43 RCW: State Government—Executive
ex.s. c 108 § 25; 1969 ex.s. c 186 § 8; 1965 c 8 §
43.06.010. Prior: 1890 p 627 § 1; RRS § 10982.]
Severability—1992 c 172: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 172 § 4.]
Severability—Effective date—1982 c 153: See notes following
RCW 17.24.210.
Severability—1979 ex.s. c 53: See RCW 10.85.900.
Severability—1977 ex.s. c 289: See RCW 43.131.901.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Rewards by county legislative authorities: Chapter 10.85 RCW.
43.06.015 Interstate oil compact commission—
Governor may join. The governor is authorized, on behalf
of the state of Washington, to join the interstate oil compact
commission as an associate member and to become an active
member thereof if and when oil and gas are produced in
Washington in commercial quantities and to attend meetings
and participate in the activities carried on by said commission either in person or by a duly authorized representative. [1965 c 8 § 43.06.015. Prior: 1953 c 47 § 1.]
Interstate compact to conserve oil and gas: 65 Stat. 199 (P. L. 128, ch.
350) Aug. 28, 1951. Associate membership authorized by Art. 9 § 2
of the commission’s bylaws.
performing for the time being the duties of governor. [1965
c 8 § 43.06.050. Prior: 1890 p 629 § 4; RRS § 10986.]
43.06.055 Governor-elect—Appropriation to
provide office and staff. The legislature preceding the
gubernatorial election shall make an appropriation which
may only be expended by a newly elected governor other
than the incumbent for the purpose of providing office and
staff for the governor-elect preparatory to his assumption of
duties as governor. The funds for the appropriation shall be
made available to him not later than thirty days prior to the
date when the legislature will convene. [1969 ex.s. c 88 §
1.]
43.06.060 Expense of publishing proclamations.
When the governor is authorized or required by law to issue
a proclamation, payment for publishing it shall be made out
of the state treasury. [1965 c 8 § 43.06.060. Prior: 1881
p 45 §§ 1-3; Code 1881 § 2367; RRS § 10988.]
43.06.070 Removal of appointive officers. The
governor may remove from office any state officer appointed
by him not liable to impeachment, for incompetency,
misconduct, or malfeasance in office. [1965 c 8 §
43.06.070. Prior: 1893 c 101 § 1; RRS § 10988.]
43.06.020 Records to be kept. The governor must
cause to be kept the following records:
First, a register of all pardons, commutations, executive
paroles, final discharges, and restorations of citizenship made
by him;
Second, an account of all his disbursements of state
moneys, and of all rewards offered by him for the apprehension of criminals and persons charged with crime;
Third, a register of all appointments made by him with
date of commission, name of appointee and name of predecessor, if any. [1965 c 8 § 43.06.020. Prior: 1921 c 28 §
1; 1890 p 628 § 2; RRS § 10983.]
43.06.080 Removal of appointive officers—
Statement of reasons to be filed. Whenever the governor
is satisfied that any officer not liable to impeachment has
been guilty of misconduct, or malfeasance in office, or is
incompetent, he shall file with the secretary of state a
statement showing his reasons, with his order of removal,
and the secretary of state shall forthwith send a certified
copy of such order of removal and statement of causes by
registered mail to the last known post office address of the
officer in question. [1965 c 8 § 43.06.080. Prior: 1893 c
101 § 2; RRS § 10989.]
43.06.030 Appointments to senate for confirmation—Notice. For a gubernatorial appointment to be
effective, the governor must transmit to the secretary of the
senate notice of the appointment, along with pertinent
information regarding the appointee, within fourteen days
after making any appointment subject to senate confirmation.
[1981 c 338 § 12; 1965 c 8 § 43.06.030. Prior: 1890 p 629
§ 3; RRS § 10984.]
43.06.090 Removal of appointive officers—Filling of
vacancy. At the time of making any removal from office,
the governor shall appoint some proper person to fill the
office, who shall forthwith demand and receive from the
officer removed the papers, records, and property of the state
pertaining to the office, and shall perform the duties of the
office and receive the compensation thereof until his successor is appointed. [1965 c 8 § 43.06.090. Prior: 1893 c 101
§ 3; RRS § 10990.]
43.06.040 Lieutenant governor acts in governor’s
absence. If the governor absents himself from the state, he
shall, prior to his departure, notify the lieutenant governor of
his proposed absence, and during such absence the lieutenant
governor shall perform all the duties of the governor. [1965
c 8 § 43.06.040. Prior: 1890 p 629 § 6; RRS § 10985.]
Duties of lieutenant governor: State Constitution Art. 3 § 16.
43.06.050 Powers and duties of acting governor.
Every provision of law in relation to the powers and duties
of the governor, and in relation to acts and duties to be
performed by others towards him, extends to the person
[Title 43 RCW—page 26]
43.06.092 Gubernatorial appointees—Continuation
of service—Appointments to fill vacancies. (1) Any
gubernatorial appointee subject to senate confirmation shall
continue to serve unless rejected by a vote of the senate. An
appointee who is rejected by a vote of the senate shall not be
reappointed to the same position for a period of one year
from termination of service.
(2) Any person appointed by the governor to fill the
unexpired term of an appointment subject to senate confirmation must also be confirmed by the senate. [1981 c 338
§ 2.]
(2002 Ed.)
Governor
43.06.094 Gubernatorial appointees—Removal prior
to confirmation. Gubernatorial appointees subject to senate
confirmation, other than those who serve at the governor’s
pleasure, may not be removed from office without cause by
the governor prior to confirmation except upon consent of
the senate as provided for by the rules of the senate. [1981
c 338 § 1.]
43.06.110 Economic opportunity act programs—
State participation—Authority of governor. The governor, or his designee, is hereby authorized and empowered to
undertake such programs as will, in the judgment of the
governor, or his designee, enable families and individuals of
all ages, in rural and urban areas, in need of the skills,
knowledge, motivations, and opportunities to become
economically self-sufficient to obtain and secure such skills,
knowledge, motivations, and opportunities. Such programs
may be engaged in as solely state operations, or in conjunction or cooperation with any appropriate agency of the
federal government, any branch or agency of the government
of this state, any city or town, county, municipal corporation,
metropolitan municipal corporation or other political subdivision of the state, or any private corporation. Where compliance with the provisions of federal law or rules or regulations promulgated thereunder is a necessary condition to the
receipt of federal funds by the state, the governor or his
designee, is hereby authorized to comply with such laws,
rules or regulations to the extent necessary for the state to
cooperate most fully with the federal government in furtherance of the programs herein authorized. [1971 ex.s. c 177
§ 2; 1965 c 14 § 2.]
County participation in Economic Opportunity Act programs: RCW
36.32.410.
43.06.115 Militarily impacted area—Declaration by
governor. (1) The governor may, by executive order, after
consultation with or notification of the executive-legislative
committee on economic development created by *chapter
. . . (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted
area" means a community or communities, as identified in
the executive order, that experience serious social and economic hardships because of a change in defense spending by
the federal government in that community or communities.
(2) If the governor executes an order under subsection
(1) of this section, the governor shall establish a response
team to coordinate state efforts to assist the military impacted community. The response team may include, but not be
limited to, one member from each of the following agencies:
(a) The department of community, trade, and economic
development; (b) the department of social and health services; (c) the employment security department; (d) the state
board for community and technical colleges; (e) the higher
education coordinating board; and (f) the department of
transportation. The governor may appoint a response team
coordinator. The governor shall seek to actively involve the
impacted community or communities in planning and
implementing a response to the crisis. The governor may
seek input or assistance from the community diversification
advisory committee, and the governor may establish task
forces in the community or communities to assist in the
(2002 Ed.)
43.06.094
coordination and delivery of services to the local community.
The state and community response shall consider economic
development, human service, and training needs of the
community or communities impacted. [1998 c 245 § 47;
1996 c 186 § 505; 1995 c 399 § 61; 1993 c 421 § 2.]
*Reviser’s note: Senate Bill No. 5300 was vetoed by the governor.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Finding—Intent—1993 c 421: "The legislature finds that military
base expansions, closures, and defense procurement contract cancellations
may have extreme economic impacts on communities and firms. The
legislature began to address this concern in 1990 by establishing the
community diversification program in the department of community
development. While this program has helped military dependent communities begin the long road to diversification, base expansions or closures or
major procurement contract reductions in the near future will find these
communities unable to respond adequately, endangering the health, safety,
and welfare of the community. The legislature intends to target emergency
state assistance to military dependent communities significantly impacted by
defense spending. The emergency state assistance and the long-term
strategy should be driven by the impacted community and consistent with
the state plan for diversification required under RCW 43.63A.450(4)."
[1993 c 421 § 1.]
43.06.120 Federal funds and programs—Acceptance
of funds by governor authorized—Administration and
disbursement. The governor is authorized to accept on
behalf of the state of Washington funds provided by any act
of congress for the benefit of the state or its political
subdivisions. He is further authorized to administer and
disburse such funds, or to designate an agency to administer
and disburse them, until the legislature otherwise directs.
[1967 ex.s. c 41 § 1.]
43.06.130 Federal funds and programs—Payment
of travel expenses of committees, councils, or other
bodies. Members of advisory committees, councils, or other
bodies established to meet requirements of acts of congress
may be paid travel expenses incurred pursuant to RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended from such funds as may be available by legislative
appropriation or as may otherwise be available as provided
by law. [1975-’76 2nd ex.s. c 34 § 97; 1973 2nd ex.s. c 17
§ 1; 1967 ex.s. c 41 § 2.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.06.150 Federal funds and programs—
Participating agencies to notify director of financial management, joint legislative audit and review committee and
legislative council—Progress reports. See RCW
43.88.205.
43.06.200 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in RCW 43.06.010, and
43.06.200 through 43.06.270 each as now or hereafter
amended shall have the following meaning:
"State of emergency" means an emergency proclaimed
as such by the governor pursuant to RCW 43.06.010 as now
or hereafter amended.
"Governor" means the governor of this state or, in case
of his removal, death, resignation or inability to discharge
the powers and duties of his office, then the person who may
[Title 43 RCW—page 27]
43.06.200
Title 43 RCW: State Government—Executive
exercise the powers of governor pursuant to the Constitution
and laws of this state relating to succession in office.
"Criminal offense" means any prohibited act for which
any criminal penalty is imposed by law and includes any
misdemeanor, gross misdemeanor, or felony. [1977 ex.s. c
328 § 11; 1975-’76 2nd ex.s. c 108 § 26; 1969 ex.s. c 186
§ 1.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Provisions cumulative—1969 ex.s. c 186: "The provisions of this act
shall be cumulative to and shall not operate to repeal any other laws, or
local ordinances, except those specifically mentioned in this act." [1969
ex.s. c 186 § 10.]
Severability—1969 ex.s. c 186: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 186 § 11.]
Energy supply emergencies: Chapter 43.21G RCW.
43.06.210 Proclamations—Generally—State of
emergency. The proclamation of a state of emergency and
other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as
now or hereafter amended shall be in writing and shall be
signed by the governor and shall then be filed with the
secretary of state. The governor shall give as much public
notice as practical through the news media of the issuance of
proclamations or orders pursuant to RCW 43.06.010, and
43.06.200 through 43.06.270 as now or hereafter amended.
The state of emergency shall cease to exist upon the issuance
of a proclamation of the governor declaring its termination:
PROVIDED, That the governor must terminate said state of
emergency proclamation when order has been restored in the
area affected. [1977 ex.s. c 328 § 12; 1975-’76 2nd ex.s. c
108 § 27; 1969 ex.s. c 186 § 2.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Energy supply emergencies: Chapter 43.21G RCW.
43.06.220 State of emergency—Powers of governor
pursuant to proclamation. The governor after proclaiming
a state of emergency and prior to terminating such, may, in
the area described by the proclamation issue an order
prohibiting:
(1) Any person being on the public streets, or in the
public parks, or at any other public place during the hours
declared by the governor to be a period of curfew;
(2) Any number of persons, as designated by the
governor, from assembling or gathering on the public streets,
parks, or other open areas of this state, either public or
private;
(3) The manufacture, transfer, use, possession or
transportation of a molotov cocktail or any other device,
instrument or object designed to explode or produce
uncontained combustion;
(4) The transporting, possessing or using of gasoline,
kerosene, or combustible, flammable, or explosive liquids or
materials in a glass or uncapped container of any kind except
[Title 43 RCW—page 28]
in connection with the normal operation of motor vehicles,
normal home use or legitimate commercial use;
(5) The possession of firearms or any other deadly
weapon by a person (other than a law enforcement officer)
in a place other than that person’s place of residence or
business;
(6) The sale, purchase or dispensing of alcoholic
beverages;
(7) The sale, purchase or dispensing of other commodities or goods, as he reasonably believes should be prohibited
to help preserve and maintain life, health, property or the
public peace;
(8) The use of certain streets, highways or public ways
by the public; and
(9) Such other activities as he reasonably believes
should be prohibited to help preserve and maintain life,
health, property or the public peace.
In imposing the restrictions provided for by RCW
43.06.010, and 43.06.200 through 43.06.270, the governor
may impose them for such times, upon such conditions, with
such exceptions and in such areas of this state he from time
to time deems necessary.
Any person wilfully violating any provision of an order
issued by the governor under this section shall be guilty of
a gross misdemeanor. [1969 ex.s. c 186 § 3.]
43.06.230 State of emergency—Destroying or
damaging property or causing personal injury—Penalty.
After the proclamation of a state of emergency as provided
in RCW 43.06.010, any person who maliciously destroys or
damages any real or personal property or maliciously injures
another shall be guilty of a felony and upon conviction
thereof shall be imprisoned in a state correctional facility for
not less than two years nor more than ten years. [1992 c 7
§ 39; 1969 ex.s. c 186 § 4.]
43.06.240 State of emergency—Disorderly conduct
after emergency proclaimed—Penalty. After the proclamation of a state of emergency pursuant to RCW 43.06.010,
every person who:
(1) Wilfully causes public inconvenience, annoyance, or
alarm, or recklessly creates a risk thereof, by:
(a) engaging in fighting or in violent, tumultuous, or
threatening behavior; or
(b) making an unreasonable noise or an offensively
coarse utterance, gesture, or display, or addressing abusive
language to any person present; or
(c) dispersing any lawful procession or meeting of
persons, not being a peace officer of this state and without
lawful authority; or
(d) creating a hazardous or physically offensive condition which serves no legitimate purpose; or
(2) Engages with at least one other person in a course
of conduct as defined in subsection (1) of this section which
is likely to cause substantial harm or serious inconvenience,
annoyance, or alarm, and refuses or knowingly fails to obey
an order to disperse made by a peace officer shall be guilty
of disorderly conduct and be punished by imprisonment in
the county jail for not more than one year or fined not more
than one thousand dollars or by both fine and imprisonment.
[1969 ex.s. c 186 § 5.]
(2002 Ed.)
Governor
43.06.250 State of emergency—Refusing to leave
public way or property when ordered—Penalty. Any
person upon any public way or any public property, within
the area described in the state of emergency, who is directed
by a public official to leave the public way or public
property and refuses to do so shall be guilty of a misdemeanor. [1969 ex.s. c 186 § 6.]
43.06.260 State of emergency—Prosecution of
persons sixteen years or over as adults. After the proclamation of a state of emergency as provided in RCW
43.06.010 any person sixteen years of age or over who
violates any provision of RCW 43.06.010, and 43.06.200
through 43.06.270 shall be prosecuted as an adult. [1969
ex.s. c 186 § 7.]
43.06.270 State of emergency—State militia or state
patrol—Use in restoring order. The governor may in his
discretion order the state militia pursuant to chapter 38.08
RCW or the state patrol to assist local officials to restore
order in the area described in the proclamation of a state of
emergency. [1969 ex.s. c 186 § 9.]
43.06.335 Washington quality award council—
Organization—Duties—Expiration. (1) The Washington
quality award council shall be organized as a private,
nonprofit corporation, in accordance with chapter 24.03
RCW and this section.
(2) The council shall oversee the governor’s Washington
state quality award program. The purpose of the program is
to improve the overall competitiveness of the state’s economy by stimulating Washington state industries, business, and
organizations to bring about measurable success through
setting standards of organizational excellence, encouraging
organizational self-assessment, identifying successful
organizations as role models, and providing a valuable
mechanism for promoting and strengthening a commitment
to continuous quality improvement in all sectors of the
state’s economy. The governor shall annually present the
award to organizations that improve the quality of their products and services and are noteworthy examples of highperforming work organizations, as determined by the council
in consultation with the governor or appointed representative.
(3) The governor shall appoint a representative to serve
on the board of directors of the council.
(4) The council shall establish a board of examiners, a
recognition committee, and such other committees or
subgroups as it deems appropriate to carry out its responsibilities.
(5) The council may conduct such public information,
research, education, and assistance programs as it deems
appropriate to further quality improvement in organizations
operating in the state of Washington.
(6) The council shall:
(a) Approve and announce award recipients;
(b) Approve guidelines to examine applicant organizations;
(c) Approve appointment of board of examiners; and
(d) Arrange appropriate annual awards and recognition
for recipients.
(2002 Ed.)
43.06.250
(7) The council shall cease to exist on July 1, 2004,
unless otherwise extended by law. [2000 c 216 § 1; 1998 c
245 § 86; 1997 c 329 § 1; 1994 c 306 § 1. Formerly RCW
43.07.290, 43.330.140.]
43.06.350 Foreign nationals or citizens, convicted
offenders—Transfers and sentences. Whenever any
convicted offender, who is a citizen or national of a foreign
country and is under the jurisdiction of the department of
corrections, requests transfer to the foreign country of which
he or she is a citizen or national, under a treaty on the
transfer of offenders entered into between the United States
and a foreign country, the governor or the governor’s
designee:
(1) May grant the approval of the state to such transfer
as provided in the treaty; and
(2) Shall have, notwithstanding any provision of chapter
9.95 or 72.68 RCW, the plenary authority to fix the duration
of the offender’s sentence, if not otherwise fixed, whenever
a fixed sentence is a condition precedent to transfer. [1983
c 255 § 9.]
Severability—1983 c 255: See RCW 72.74.900.
43.06.400 Listing of reduction in revenues from tax
exemptions to be submitted to legislature by department
of revenue—Periodic review and submission of recommendations to legislature by governor. Beginning in
January 1984, and in January of every fourth year thereafter,
the department of revenue shall submit to the legislature
prior to the regular session a listing of the amount of
reduction for the current and next biennium in the revenues
of the state or the revenues of local government collected by
the state as a result of tax exemptions. The listing shall
include an estimate of the revenue lost from the tax exemption, the purpose of the tax exemption, the persons, organizations, or parts of the population which benefit from the tax
exemption, and whether or not the tax exemption conflicts
with another state program. The listing shall include but not
be limited to the following revenue sources:
(1) Real and personal property tax exemptions under
Title 84 RCW;
(2) Business and occupation tax exemptions, deductions,
and credits under chapter 82.04 RCW;
(3) Retail sales and use tax exemptions under chapters
82.08, 82.12, and 82.14 RCW;
(4) Public utility tax exemptions and deductions under
chapter 82.16 RCW;
(5) Food fish and shellfish tax exemptions under chapter
82.27 RCW;
(6) Leasehold excise tax exemptions under chapter
82.29A RCW;
(7) Motor vehicle and special fuel tax exemptions and
refunds under chapters 82.36 and 82.38 RCW;
(8) Aircraft fuel tax exemptions under chapter 82.42
RCW;
(9) Motor vehicle excise tax exclusions under chapter
82.44 RCW; and
(10) Insurance premiums tax exemptions under chapter
48.14 RCW.
[Title 43 RCW—page 29]
43.06.400
Title 43 RCW: State Government—Executive
The department of revenue shall prepare the listing
required by this section with the assistance of any other
agencies or departments as may be required.
The department of revenue shall present the listing to
the ways and means committees of each house in public
hearings.
Beginning in January 1984, and every four years
thereafter the governor is requested to review the report from
the department of revenue and may submit recommendations
to the legislature with respect to the repeal or modification
of any tax exemption. The ways and means committees of
each house and the appropriate standing committee of each
house shall hold public hearings and take appropriate action
on the recommendations submitted by the governor.
As used in this section, "tax exemption" means an
exemption, exclusion, or deduction from the base of a tax;
a credit against a tax; a deferral of a tax; or a preferential tax
rate. [1999 c 372 § 5; 1987 c 472 § 16; 1983 2nd ex.s. c 3
§ 60.]
Severability—1987 c 472: See RCW 79.71.900.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Review and termination of tax preferences: Chapter 43.136 RCW.
43.06.410 State internship program—Governor’s
duties. There is established within the office of the governor the Washington state internship program to assist students and state employees in gaining valuable experience and
knowledge in various areas of state government. In administering the program, the governor shall:
(1) Consult with the secretary of state, the director of
personnel, the commissioner of the employment security
department, and representatives of labor;
(2) Encourage and assist agencies in developing intern
positions;
(3) Develop and coordinate a selection process for
placing individuals in intern positions. This selection
process shall give due regard to the responsibilities of the
state to provide equal employment opportunities;
(4) Develop and coordinate a training component of the
internship program which balances the need for training and
exposure to new ideas with the intern’s and agency’s need
for on-the-job work experience;
(5) Work with institutions of higher education in
developing the program, soliciting qualified applicants, and
selecting participants; and
(6) Develop guidelines for compensation of the participants. [1993 c 281 § 47; 1985 c 442 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—1985 c 442: "Nothing in this act shall be construed
to limit the authority of state agencies to continue or establish other
internship programs or positions." [1985 c 442 § 10.]
Severability—1985 c 442: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 442 § 11.]
43.06.415 State internship program coordinator—
Rules. (1) The governor may appoint a coordinator to assist
in administering the program created by RCW 43.06.410.
(2) The governor shall adopt such rules as are necessary
to administer RCW 43.06.410. [1985 c 442 § 2.]
[Title 43 RCW—page 30]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
43.06.420 Undergraduate internship program—
Executive fellows program. The state internship program
shall consist of two individual internship programs as follows:
(1) An undergraduate internship program consisting of
three-month to six-month positions for students working
toward an undergraduate degree. In addition, a public sector
employee, whether working toward a degree or not, shall be
eligible to participate in the program upon the written recommendation of the head of the employee’s agency.
(2) An executive fellows program consisting of one-year
to two-year placements for students who have successfully
completed at least one year of graduate level work and have
demonstrated a substantial interest in public sector management. Positions in this program shall be as assistants or
analysts at the midmanagement level or higher. In addition,
a public sector employee, whether working toward an
advanced degree or not, or who has not successfully completed one year of graduate-level work as required by this
subsection, shall be eligible to participate in the program
upon the written recommendation of the head of the
employee’s agency. Participants in the executive fellows
program who were not public employees prior to accepting
a position in the program shall receive insurance and
retirement credit commensurate with other employees of the
employing agency. [1985 c 442 § 3.]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
43.06.425 Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and
vacation leave. (Effective until July 1, 2004.) The
Washington personnel resources board shall adopt rules to
provide that:
(1) Successful completion of an internship under RCW
43.06.420 shall be considered as employment experience at
the level at which the intern was placed;
(2) Persons leaving classified or exempt positions in
state government in order to take an internship under RCW
43.06.420: (a) Have the right of reversion to the previous
position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all
fringe benefits as if they had never left their classified or
exempt positions;
(3) Participants in the undergraduate internship program
who were not public employees prior to accepting a position
in the program receive sick leave allowances commensurate
with other state employees;
(4) Participants in the executive fellows program who
were not public employees prior to accepting a position in
the program receive sick and vacation leave allowances
commensurate with other state employees. [1993 c 281 §
48; 1985 c 442 § 4.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
State internship program—Positions exempt from chapter 41.06 RCW:
RCW 41.06.088.
(2002 Ed.)
Governor
43.06.425 Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and
vacation leave. (Effective July 1, 2004.) The director of
personnel shall adopt rules to provide that:
(1) Successful completion of an internship under RCW
43.06.420 shall be considered as employment experience at
the level at which the intern was placed;
(2) Persons leaving classified or exempt positions in
state government in order to take an internship under RCW
43.06.420: (a) Have the right of reversion to the previous
position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all
fringe benefits as if they had never left their classified or
exempt positions;
(3) Participants in the undergraduate internship program
who were not public employees prior to accepting a position
in the program receive sick leave allowances commensurate
with other state employees;
(4) Participants in the executive fellows program who
were not public employees prior to accepting a position in
the program receive sick and vacation leave allowances
commensurate with other state employees. [2002 c 354 §
229; 1993 c 281 § 48; 1985 c 442 § 4.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
State internship program—Positions exempt from chapter 41.06 RCW:
RCW 41.06.088.
43.06.435 Interns—Effect on full time equivalent
staff position limitations. An agency shall not be deemed
to exceed any limitation on full time equivalent staff positions on the basis of intern positions established under RCW
43.06.420. [1985 c 442 § 6.]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
43.06.450 Cigarette tax contracts—Intent—
Finding—Limitations. The legislature intends to further the
government-to-government relationship between the state of
Washington and Indians in the state of Washington by authorizing the governor to enter into contracts concerning the
sale of cigarettes. The legislature finds that these cigarette
tax contracts will provide a means to promote economic
development, provide needed revenues for tribal governments
and Indian persons, and enhance enforcement of the state’s
cigarette tax law, ultimately saving the state money and
reducing conflict. In addition, it is the intent of the legislature that the negotiations and the ensuing contracts shall
have no impact on the state’s share of the proceeds under the
master settlement agreement entered into on November 23,
1998, by the state. Chapter 235, Laws of 2001 does not
constitute a grant of taxing authority to any Indian tribe nor
does it provide precedent for the taxation of non-Indians on
fee land. [2001 c 235 § 1.]
43.06.455 Cigarette tax contracts—Requirements—
Use of revenue—Enforcement—Definitions. (1) The
governor may enter into cigarette tax contracts concerning
(2002 Ed.)
43.06.425
the sale of cigarettes. All cigarette tax contracts shall meet
the requirements for cigarette tax contracts under this
section. Except for cigarette tax contracts under RCW
43.06.460, the rates, revenue sharing, and exemption terms
of a cigarette tax contract are not effective unless authorized
in a bill enacted by the legislature.
(2) Cigarette tax contracts shall be in regard to retail
sales in which Indian retailers make delivery and physical
transfer of possession of the cigarettes from the seller to the
buyer within Indian country, and are not in regard to
transactions by non-Indian retailers. In addition, contracts
shall provide that retailers shall not sell or give, or permit to
be sold or given, cigarettes to any person under the age of
eighteen years.
(3) A cigarette tax contract with a tribe shall provide for
a tribal cigarette tax in lieu of all state cigarette taxes and
state and local sales and use taxes on sales of cigarettes in
Indian country by Indian retailers. The tribe may allow an
exemption for sales to tribal members.
(4) Cigarette tax contracts shall provide that all cigarettes possessed or sold by a retailer shall bear a cigarette
stamp obtained by wholesalers from a bank or other suitable
stamp vendor and applied to the cigarettes. The procedures
to be used by the tribe in obtaining tax stamps must include
a means to assure that the tribal tax will be paid by the
wholesaler obtaining such cigarettes. Tribal stamps must
have serial numbers or some other discrete identification so
that each stamp can be traced to its source.
(5) Cigarette tax contracts shall provide that retailers
shall purchase cigarettes only from:
(a) Wholesalers or manufacturers licensed to do business
in the state of Washington;
(b) Out-of-state wholesalers or manufacturers who,
although not licensed to do business in the state of Washington, agree to comply with the terms of the cigarette tax
contract, are certified to the state as having so agreed, and
who do in fact so comply. However, the state may in its
sole discretion exercise its administrative and enforcement
powers over such wholesalers or manufacturers to the extent
permitted by law;
(c) A tribal wholesaler that purchases only from a
wholesaler or manufacturer described in (a), (b), or (d) of
this subsection; and
(d) A tribal manufacturer.
(6) Cigarette tax contracts shall be for renewable periods
of no more than eight years. A renewal may not include a
renewal of the phase-in period.
(7) Cigarette tax contracts shall include provisions for
compliance, such as transport and notice requirements,
inspection procedures, stamping requirements, recordkeeping,
and audit requirements.
(8) Tax revenue retained by a tribe must be used for
essential government services. Use of tax revenue for
subsidization of cigarette and food retailers is prohibited.
(9) The cigarette tax contract may include provisions to
resolve disputes using a nonjudicial process, such as mediation.
(10) The governor may delegate the power to negotiate
cigarette tax contracts to the department of revenue. The
department of revenue shall consult with the liquor control
board during the negotiations.
[Title 43 RCW—page 31]
43.06.455
Title 43 RCW: State Government—Executive
(11) Information received by the state or open to state
review under the terms of a contract is subject to the
provisions of RCW 82.32.330.
(12) It is the intent of the legislature that the liquor
control board and the department of revenue continue the
division of duties and shared authority under chapter 82.24
RCW and therefore the liquor control board is responsible
for enforcement activities that come under the terms of
chapter 82.24 RCW.
(13) Each cigarette tax contract shall include a procedure for notifying the other party that a violation has
occurred, a procedure for establishing whether a violation
has in fact occurred, an opportunity to correct such violation,
and a provision providing for termination of the contract
should the violation fail to be resolved through this process,
such termination subject to mediation should the terms of the
contract so allow. A contract shall provide for termination
of the contract if resolution of a dispute does not occur
within twenty-four months from the time notification of a
violation has occurred. Intervening violations do not extend
this time period. In addition, the contract shall include
provisions delineating the respective roles and responsibilities of the tribe, the department of revenue, and the liquor
control board.
(14) For purposes of this section and RCW 43.06.460,
82.08.0316, 82.12.0316, and 82.24.295:
(a) "Essential government services" means services such
as tribal administration, public facilities, fire, police, public
health, education, job services, sewer, water, environmental
and land use, transportation, utility services, and economic
development;
(b) "Indian retailer" or "retailer" means (i) a retailer
wholly owned and operated by an Indian tribe, (ii) a business
wholly owned and operated by a tribal member and licensed
by the tribe, or (iii) a business owned and operated by the
Indian person or persons in whose name the land is held in
trust; and
(c) "Indian tribe" or "tribe" means a federally recognized
Indian tribe located within the geographical boundaries of
the state of Washington. [2001 c 235 § 2.]
43.06.460 Cigarette tax contracts—Eligible tribes—
Tax rate. (1) The governor is authorized to enter into
cigarette tax contracts with the Squaxin Island Tribe, the
Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian
Tribe, the Quinault Nation, the Jamestown S’Klallam Indian
Tribe, the Port Gamble S’Klallam Tribe, the Stillaguamish
Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe,
the Yakama Nation, the Suquamish Tribe, the Nooksack
Indian Tribe, the Lummi Nation, the Chehalis Confederated
Tribes, the Upper Skagit Tribe, the Snoqualmie Tribe, and
the Swinomish Tribe. Each contract adopted under this
section shall provide that the tribal cigarette tax rate be one
hundred percent of the state cigarette and state and local
sales and use taxes within three years of enacting the tribal
tax and shall be set no lower than eighty percent of the state
cigarette and state and local sales and use taxes during the
three-year phase-in period. The three-year phase-in period
shall be shortened by three months each quarter the number
of cartons of nontribal manufactured cigarettes is at least
ten percent or more than the quarterly average number of
[Title 43 RCW—page 32]
cartons of nontribal manufactured cigarettes from the sixmonth period preceding the imposition of the tribal tax under
the contract. Sales at a retailer operation not in existence as
of the date a tribal tax under this section is imposed are
subject to the full rate of the tribal tax under the contract.
The tribal cigarette tax is in lieu of the state cigarette and
state and local sales and use taxes, as provided in RCW
43.06.455(3).
(2) A cigarette tax contract under this section is subject
to RCW 43.06.455. [2002 c 87 § 1; 2001 2nd sp.s. c 21 §
1; 2001 c 235 § 3.]
Chapter 43.06A
OFFICE OF THE FAMILY AND
CHILDREN’S OMBUDSMAN
Sections
43.06A.010
43.06A.020
43.06A.030
43.06A.050
43.06A.060
43.06A.070
43.06A.080
43.06A.085
43.06A.090
43.06A.100
43.06A.900
Office created—Purpose.
Ombudsman—Appointment, term of office.
Duties.
Confidentiality.
Admissibility of evidence—Testimony regarding official
duties.
Release of identifying information.
Inapplicability of privilege in RCW 43.06A.060.
Liability for good faith performance—Privileged communications.
Report of conduct warranting criminal or disciplinary
proceedings.
Communication with children in custody of department
of social and health services—Access to information in possession or control of department or state
institutions.
Construction.
43.06A.010 Office created—Purpose. There is
hereby created an office of the family and children’s
ombudsman within the office of the governor for the purpose
of promoting public awareness and understanding of family
and children services, identifying system issues and responses for the governor and the legislature to act upon, and
monitoring and ensuring compliance with administrative acts,
relevant statutes, rules, and policies pertaining to family and
children’s services and the placement, supervision, and
treatment of children in the state’s care or in state-licensed
facilities or residences. The ombudsman shall report directly
to the governor and shall exercise his or her powers and
duties independently of the secretary. [1996 c 131 § 2.]
Effective date—1996 c 131 §§ 1-3: See note following RCW
44.04.220.
43.06A.020 Ombudsman—Appointment, term of
office. (1) Subject to confirmation by the senate, the
governor shall appoint an ombudsman who shall be a person
of recognized judgment, independence, objectivity, and
integrity, and shall be qualified by training or experience, or
both, in family and children’s services law and policy. Prior
to the appointment, the governor shall consult with, and may
receive recommendations from the committee, regarding the
selection of the ombudsman.
(2) The person appointed ombudsman shall hold office
for a term of three years and shall continue to hold office
until reappointed or until his or her successor is appointed.
The governor may remove the ombudsman only for neglect
(2002 Ed.)
Office of the Family and Children’s Ombudsman
of duty, misconduct, or inability to perform duties. Any
vacancy shall be filled by similar appointment for the
remainder of the unexpired term. [1998 c 288 § 7; 1996 c
131 § 3.]
Severability—1998 c 288: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 288 § 8.]
Effective date—1998 c 288: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 2, 1998]." [1998 c 288 § 9.]
Effective date—1996 c 131 §§ 1-3: See note following RCW
44.04.220.
43.06A.030 Duties. The ombudsman shall perform
the following duties:
(1) Provide information as appropriate on the rights and
responsibilities of individuals receiving family and children’s
services, and on the procedures for providing these services;
(2) Investigate, upon his or her own initiative or upon
receipt of a complaint, an administrative act alleged to be
contrary to law, rule, or policy, imposed without an adequate
statement of reason, or based on irrelevant, immaterial, or
erroneous grounds; however, the ombudsman may decline to
investigate any complaint as provided by rules adopted under
this chapter;
(3) Monitor the procedures as established, implemented,
and practiced by the department to carry out its responsibilities in delivering family and children’s services with a view
toward appropriate preservation of families and ensuring
children’s health and safety;
(4) Review periodically the facilities and procedures of
state institutions serving children, and state-licensed facilities
or residences;
(5) Recommend changes in the procedures for addressing the needs of families and children;
(6) Submit annually to the committee and to the
governor by November 1 a report analyzing the work of the
office including recommendations;
(7) Grant the committee access to all relevant records in
the possession of the ombudsman unless prohibited by law;
and
(8) Adopt rules necessary to implement this chapter.
[1996 c 131 § 4.]
43.06A.050 Confidentiality. The ombudsman shall
treat all matters under investigation, including the identities
of service recipients, complainants, and individuals from
whom information is acquired, as confidential, except as far
as disclosures may be necessary to enable the ombudsman to
perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of
information that by law is confidential or privileged, the
ombudsman shall maintain the confidentiality of such
information and shall not further disclose or disseminate the
information except as provided by applicable state or federal
law. Investigative records of the office of the ombudsman
are confidential and are exempt from public disclosure under
chapter 42.17 RCW. [1996 c 131 § 6.]
(2002 Ed.)
43.06A.020
43.06A.060 Admissibility of evidence—Testimony
regarding official duties. Neither the ombudsman nor the
ombudsman’s staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence
regarding the exercise of the official duties of the ombudsman or of the ombudsman’s staff. All related memoranda,
work product, notes, and case files of the ombudsman’s office are confidential, are not subject to discovery, judicial or
administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or
administrative proceeding. This section shall not apply to
the *legislative oversight committee. [1998 c 288 § 1.]
*Reviser’s note: "Legislative oversight committee" apparently refers
to the "legislative children’s oversight committee" created in RCW
44.04.220.
Severability—Effective date—1998 c 288: See notes following
RCW 43.06A.020.
43.06A.070 Release of identifying information.
Identifying information about complainants or witnesses shall
not be subject to any method of legal compulsion, nor shall
such information be revealed to the *legislative oversight
committee or the governor except under the following
circumstances: (1) The complainant or witness waives
confidentiality; (2) under a legislative subpoena when there
is a legislative investigation for neglect of duty or misconduct by the ombudsman or ombudsman’s office when the
identifying information is necessary to the investigation of
the ombudsman’s acts; or (3) under an investigation or
inquiry by the governor as to neglect of duty or misconduct
by the ombudsman or ombudsman’s office when the identifying information is necessary to the investigation of the
ombudsman’ [ombudsman’s] acts.
For the purposes of this section, "identifying information" includes the complainant’s or witness’s name, location,
telephone number, likeness, social security number or other
identification number, or identification of immediate family
members. [1998 c 288 § 2.]
*Reviser’s note: "Legislative oversight committee" apparently refers
to the "legislative children’s oversight committee" created in RCW
44.04.220.
Severability—Effective date—1998 c 288: See notes following
RCW 43.06A.020.
43.06A.080 Inapplicability of privilege in RCW
43.06A.060. The privilege described in RCW 43.06A.060
does not apply when:
(1) The ombudsman or ombudsman’s staff member has
direct knowledge of an alleged crime, and the testimony,
evidence, or discovery sought is relevant to that allegation;
(2) The ombudsman or a member of the ombudsman’s
staff has received a threat of, or becomes aware of a risk of,
imminent serious harm to any person, and the testimony,
evidence, or discovery sought is relevant to that threat or
risk;
(3) The ombudsman has been asked to provide general
information regarding the general operation of, or the general
processes employed at, the ombudsman’s office; or
(4) The ombudsman or ombudsman’s staff member has
direct knowledge of a failure by any person specified in
RCW 26.44.030, including the state family and children’s
[Title 43 RCW—page 33]
43.06A.080
Title 43 RCW: State Government—Executive
ombudsman or any volunteer in the ombudsman’s office, to
comply with RCW 26.44.030. [1998 c 288 § 3.]
Severability—Effective date—1998 c 288: See notes following
RCW 43.06A.020.
43.06A.085 Liability for good faith performance—
Privileged communications. (1) An employee of the office
of the family and children’s ombudsman is not liable for
good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action
may be taken against an employee of the department, an
employee of a contracting agency of the department, a foster
parent, or a recipient of family and children’s services for
any communication made, or information given or disclosed,
to aid the office of the family and children’s ombudsman in
carrying out its responsibilities, unless the communication or
information is made, given, or disclosed maliciously or
without good faith. This subsection is not intended to
infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(3) All communications by an ombudsman, if reasonably
related to the requirements of that individual’s responsibilities under this chapter and done in good faith, are privileged
under RCW 9.58.070 and that privilege shall serve as a
defense in any action in libel or slander. [1999 c 390 § 7.]
43.06A.090 Report of conduct warranting criminal
or disciplinary proceedings. When the ombudsman or
ombudsman’s staff member has reasonable cause to believe
that any public official, employee, or other person has acted
in a manner warranting criminal or disciplinary proceedings,
the ombudsman or ombudsman’s staff member shall report
the matter, or cause a report to be made, to the appropriate
authorities. [1998 c 288 § 4.]
Severability—Effective date—1998 c 288: See notes following
RCW 43.06A.020.
43.06A.100 Communication with children in
custody of department of social and health services—
Access to information in possession or control of department or state institutions. The department of social and
health services shall:
(1) Allow the ombudsman or the ombudsman’s designee
to communicate privately with any child in the custody of
the department for the purposes of carrying out its duties
under this chapter;
(2) Permit the ombudsman or the ombudsman’s
designee physical access to state institutions serving children,
and state licensed facilities or residences for the purpose of
carrying out its duties under this chapter;
(3) Upon the ombudsman’s request, grant the ombudsman or the ombudsman’s designee the right to access,
inspect, and copy all relevant information, records, or documents in the possession or control of the department that the
ombudsman considers necessary in an investigation; and
(4) Grant the office of the family and children’s
ombudsman unrestricted on-line access to the case and
management information system (CAMIS) for the purpose
of carrying out its duties under this chapter. [1999 c 390 §
5.]
[Title 43 RCW—page 34]
43.06A.900 Construction. Nothing in this chapter
shall be construed to conflict with the duty to report specified in RCW 26.44.030. [1998 c 288 § 5.]
Severability—Effective date—1998 c 288: See notes following
RCW 43.06A.020.
Chapter 43.07
SECRETARY OF STATE
Sections
43.07.010
43.07.020
43.07.030
43.07.035
Official bond.
Assistant and deputy secretary of state.
General duties.
Memorandum of agreement or contract for secretary of
state’s services with state agencies or private entities.
43.07.037 Gifts, grants, conveyances—Receipt, sale—Rules.
43.07.040 Custodian of state records.
43.07.050 Bureau of statistics—Secretary ex officio commissioner.
43.07.090 Bureau of statistics—Power to obtain statistics—Penalty.
43.07.100 Bureau of statistics—Information confidential—Penalty.
43.07.110 Bureau of statistics—Deputy commissioner.
43.07.120 Fees.
43.07.125 Fees—Charitable trusts—Charitable solicitations.
43.07.130 Secretary of state’s revolving fund—Publication fees authorized, disposition.
43.07.140 Materials specifically authorized to be printed and distributed.
43.07.150 Uniform commercial code powers, duties, and functions
transferred to department of licensing.
43.07.160 Authenticating officers—Appointment authorized—Use of
facsimile signature.
43.07.170 Establishment of a corporate filing system using other methods authorized.
43.07.173 Facsimile transmissions—Acceptance and filing by the
secretary of state.
43.07.175 Copies of certain filed documents to insurance commissioner.
43.07.180 Staggered corporate license renewal system authorized.
43.07.190 Use of a summary face sheet or cover sheet with the filing
of certain documents authorized.
43.07.200 Business license center as secretary of state’s agent for corporate renewals—Proposals for—Schedule.
43.07.205 Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
43.07.210 Filing false statements—Penalty.
43.07.220 Oral history program.
43.07.230 Oral history advisory committee—Members.
43.07.240 Oral history advisory committee—Duties.
43.07.300 Division of elections—Director.
43.07.310 Division of elections—Duties.
43.07.350 Citizens’ exchange program.
43.07.365 Oral history activities—Funding—Rules.
Acquisition and disposition of highway property, powers and duties relating
to: Chapter 47.12 RCW.
Address confidentiality: Chapter 40.24 RCW.
Attests commissions issued by state: State Constitution Art. 3 § 15.
Attorney for former residents and nonresidents for service of process
arising out of motor vehicle operation in this state: RCW 46.64.040.
Bonds deposited with
state auditor: RCW 43.09.010.
state officers’ bonds: RCW 43.07.030.
state treasurer: RCW 43.08.020.
Charitable trusts: Chapter 11.110 RCW.
Civil rights, issuance of copies of instruments restoring civil rights: RCW
5.44.090.
County seats, removal, notice: RCW 36.12.070.
Duties: State Constitution Art. 3 § 17.
Election of: State Constitution Art. 3 § 1.
(2002 Ed.)
Secretary of State
Elections
ballot titles, notice of contents: RCW 29.27.065.
certificates of election, issuance by: RCW 29.27.110.
chief election officer: RCW 29.04.070.
city and town elections, rules and regulations for: RCW 29.04.080.
list of primary candidates, certification to county auditors: RCW
29.27.020.
nominees for state or district offices, certified to county auditors: RCW
29.27.050.
presidential primary: Chapter 29.19 RCW.
publication of election laws by: RCW 29.04.060.
recount procedure, rules and regulations by secretary of state: RCW
29.64.070.
returns, certifying of: RCW 43.07.030.
rules and regulations made by for state, city and town elections: RCW
29.04.080.
Filing with
banks: Chapter 30.08 RCW.
corporations: Title 23B RCW.
credit unions: Chapter 31.12 RCW.
department of transportation: RCW 47.68.210.
domestic insurers: RCW 48.06.200.
engrossed bills: RCW 44.20.010.
initiatives and referendums: State Constitution Art. 2 § 1; RCW
29.79.010, 29.79.150.
mutual savings banks: RCW 32.08.061, 32.08.070.
railroad companies
branch lines into state: RCW 81.36.070.
consolidation with other companies: RCW 81.36.070.
purchase of property of other companies: RCW 81.36.070.
sale of property to other companies: RCW 81.36.070.
savings and loan associations: RCW 33.08.080.
standard uniforms for sheriffs: RCW 36.28.170.
statute law committee code correction orders: RCW 1.08.016.
trust companies: Chapter 30.08 RCW.
Foreign corporations, duties: Chapters 23B.01 and 23B.15 RCW.
Initiatives and referendums
acceptance or rejection of petitions for filing: RCW 29.79.150.
filing of proposals and petitions with: State Constitution Art. 2 § 1; RCW
29.79.010.
numbering of initiative and referendum measures: RCW 29.79.030.
transmittal of copies to attorney general: RCW 29.79.040.
Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054
and 2.36.0571.
Legislative journals, custodian of: RCW 43.07.040.
Local government redistricting: Chapter 29.70 RCW.
Massachusetts trusts, power to prescribe rules and regulations as to: RCW
23.90.040.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Oath of office: RCW 43.01.020.
Official bond: RCW 43.07.010.
Process deposited with
domestic corporation without officer in state upon whom process can be
served: RCW 4.28.090.
foreign corporation failing to maintain agent in state: RCW 23B.14.300.
nonadmitted foreign corporations having powers as to notes secured by
real estate mortgages: RCW 23B.18.040 and 23B.18.050.
nonresident or former resident motorists: RCW 46.64.040.
trademark registration actions: RCW 19.77.090.
Records, custodian of: State Constitution Art. 3 § 24; RCW 43.07.040.
Registry of governor’s acts kept by: RCW 43.07.030.
Residence to be maintained at seat of government: State Constitution Art.
3 § 24.
Salary, amount of: State Constitution Art. 3 § 17, Art. 28 § 1; RCW
43.03.010.
Sale of unneeded toll facility property, secretary to attest deed and deliver:
RCW 47.56.255.
Session laws
custodian of: RCW 43.07.040.
(2002 Ed.)
Chapter 43.07
engrossed bill filed with: RCW 44.20.010.
numbering of: RCW 44.20.020.
State canvassing board member: RCW 29.62.100.
Statute law committee code correction orders filed with: RCW 1.08.016.
Succession to office of governor: State Constitution Art. 3 § 10.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Trademarks and trade names
filing fee: RCW 43.07.120.
registration of, duties: Chapter 19.77 RCW.
43.07.010 Official bond. The secretary of state must
execute an official bond to the state in the sum of ten
thousand dollars, conditioned for the faithful performance of
the duties of his office, and shall receive no pay until such
bond, approved by the governor, is filed with the state
auditor. [1965 c 8 § 43.07.010. Prior: 1890 p 633 § 10;
RRS § 10994.]
43.07.020 Assistant and deputy secretary of state.
The secretary of state may have one assistant secretary of
state and one deputy secretary of state each of whom shall
be appointed by him in writing, and continue during his
pleasure. The assistant secretary of state and deputy
secretary of state shall have the power to perform any act or
duty relating to the secretary of state’s office, that the
secretary of state has, and the secretary of state shall be
responsible for the acts of said assistant and deputy. [1965
c 8 § 43.07.020. Prior: 1947 c 107 § 1; 1903 c 75 § 1;
1890 p 633 § 12; RRS § 10995.]
43.07.030 General duties. The secretary of state
shall:
(1) Keep a register of and attest the official acts of the
governor;
(2) Affix the state seal, with his attestation, to commissions, pardons, and other public instruments to which the
signature of the governor is required, and also attestations
and authentications of certificates and other documents
properly issued by the secretary;
(3) Record all articles of incorporation, deeds, or other
papers filed in the secretary of state’s office;
(4) Receive and file all the official bonds of officers
required to be filed with the secretary of state;
(5) Take and file in the secretary of state’s office
receipts for all books distributed by him;
(6) Certify to the legislature the election returns for all
officers required by the Constitution to be so certified, and
certify to the governor the names of all other persons who
have received at any election the highest number of votes for
any office the incumbent of which is to be commissioned by
the governor;
(7) Furnish, on demand, to any person paying the fees
therefor, a certified copy of all or any part of any law,
record, or other instrument filed, deposited, or recorded in
the secretary of state’s office;
(8) Present to the speaker of the house of representatives, at the beginning of each regular session of the legislature during an odd-numbered year, a full account of all
purchases made and expenses incurred by the secretary of
state on account of the state;
[Title 43 RCW—page 35]
43.07.030
Title 43 RCW: State Government—Executive
(9) File in his office an impression of each and every
seal in use by any state officer;
[(10)] Keep a record of all fees charged or received by
the secretary of state. [1982 c 35 § 186; 1980 c 87 § 21;
1969 ex.s. c 53 § 3; 1965 c 8 § 43.07.030. Prior: 1890 p
630 § 2; RRS § 10992.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.035 Memorandum of agreement or contract
for secretary of state’s services with state agencies or
private entities. The secretary of state shall have the
authority to enter into a memorandum of agreement or
contract with any agency of state government or private
entity to provide for the performance of any of the secretary
of state’s services or duties under the various corporation
statutes of this state. [1985 c 156 § 19; 1982 c 35 § 190.]
Severability—Effective date—1985 c 156: See RCW 42.44.902 and
42.44.903.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.037 Gifts, grants, conveyances—Receipt,
sale—Rules. The secretary of state and the *council may
accept gifts, grants, conveyances, bequests, and devises, of
real or personal property, or both, in trust or otherwise, and
sell, lease, exchange, invest, or expend these donations or the
proceeds, rents, profits, and income from the donations
except as limited by the donor’s terms. The secretary of
state shall adopt rules to govern and protect the receipt and
expenditure of the proceeds. [1996 c 253 § 105.]
*Reviser’s note: 1996 c 253 § 101, which created the international
education and exchange council, was vetoed.
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
43.07.040 Custodian of state records. The secretary
of state is charged with the custody:
(1) Of all acts and resolutions passed by the legislature;
(2) Of the journals of the legislature;
(3) Of the seal of the state;
(4) Of all books, records, deeds, parchments, maps, and
papers required to be kept on deposit in his office pursuant
to law;
(5) Of the enrolled copy of the Constitution. [1965 c 8
§ 43.07.040. Prior: 1903 c 107 § 1; 1890 p 629 § 1; RRS
§ 10991.]
43.07.050 Bureau of statistics—Secretary ex officio
commissioner. The secretary of state shall be ex officio
commissioner of statistics. He shall establish within his
office, and under his immediate supervision, a bureau to be
known as the bureau of statistics, agriculture and immigration. [1965 c 8 § 43.07.050. Prior: 1895 c 85 § 1; RRS §
10933.]
43.07.090 Bureau of statistics—Power to obtain
statistics—Penalty. The commissioner shall have the power
to send for persons and papers whenever in his opinion it is
necessary, and he may examine witnesses under oath, being
hereby qualified to administer the same in the performance
[Title 43 RCW—page 36]
of his duty, and the testimony so taken must be filed and
preserved in his office. He shall have free access to all
places and works of labor, and any principal, owner,
operator, manager, or lessee of any mine, factory, workshop,
warehouse, manufacturing or mercantile establishment, or
any agent or employee of any such principal, owner,
operator, manager, or lessee, who shall refuse to the commissioner or his duly authorized representative admission
therein, or who shall, when requested by him, wilfully
neglect or refuse to furnish him any statistics or information
pertaining to his lawful duties which may be in the possession or under the control of said principal, owner, operator,
lessee, manager, or agent thereof, shall be punished by a fine
of not less than fifty nor more than two hundred dollars.
[1965 c 8 § 43.07.090. Prior: 1895 c 85 § 5; RRS §
10937.]
43.07.100 Bureau of statistics—Information confidential—Penalty. No use shall be made in the report of the
bureau of the names of individuals, firms, or corporations
supplying the information called for by these sections, such
information being deemed confidential and not for the
purpose of disclosing any person’s affairs; and any agent or
employee of said bureau violating this provision shall upon
conviction thereof be punished by a fine not exceeding five
hundred dollars, or by imprisonment in the county jail not to
exceed six months. [1965 c 8 § 43.07.100. Prior: 1895 c
85 § 6; RRS § 10938.]
43.07.110 Bureau of statistics—Deputy commissioner. The commissioner shall appoint a deputy commissioner,
who shall act in his absence, and the deputy shall receive the
sum of twelve hundred dollars per annum to be paid by the
state treasurer in the same manner as other state officers are
paid; the sum allowed for deputy and other incidental
expenses of the bureau shall not exceed the sum of three
thousand dollars any one year. The commissioner shall have
authority to employ one person to act as immigration agent,
which agent shall reside in such city as said commissioner
may designate, and he shall be provided with such literature
and incidental accessories as in his judgment may be
necessary. [1965 c 8 § 43.07.110. Prior: 1895 c 85 § 7;
RRS § 10939.]
43.07.120 Fees. (1) The secretary of state shall
establish by rule and collect the fees in this subsection:
(a) For a copy of any law, resolution, record, or other
document or paper on file in the secretary’s office;
(b) For any certificate under seal;
(c) For filing and recording trademark;
(d) For each deed or patent of land issued by the
governor;
(e) For recording miscellaneous records, papers, or other
documents.
(2) The secretary of state may adopt rules under chapter
34.05 RCW establishing reasonable fees for the following
services rendered under Title 23B RCW, chapter 18.100,
19.77, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28,
24.36, 25.15, 25.10, or 25.05 RCW:
(a) Any service rendered in-person at the secretary of
state’s office;
(2002 Ed.)
Secretary of State
(b) Any expedited service;
(c) The electronic or facsimile transmittal of information
from corporation records or copies of documents;
(d) The providing of information by micrographic or
other reduced-format compilation;
(e) The handling of checks, drafts, or credit or debit
cards upon adoption of rules authorizing their use for which
sufficient funds are not on deposit; and
(f) Special search charges.
(3) To facilitate the collection of fees, the secretary of
state may establish accounts for deposits by persons who
may frequently be assessed such fees to pay the fees as they
are assessed. The secretary of state may make whatever
arrangements with those persons as may be necessary to
carry out this section.
(4) The secretary of state may adopt rules for the use of
credit or debit cards for payment of fees.
(5) No member of the legislature, state officer, justice
of the supreme court, judge of the court of appeals, or judge
of the superior court shall be charged for any search relative
to matters pertaining to the duties of his or her office; nor
may such official be charged for a certified copy of any law
or resolution passed by the legislature relative to his or her
official duties, if such law has not been published as a state
law. [1998 c 103 § 1309. Prior: 1994 c 211 § 1310; 1994
c 60 § 5; 1993 c 269 § 15; 1991 c 72 § 53; 1989 c 307 §
39; 1982 c 35 § 187; 1971 c 81 § 107; 1965 c 8 §
43.07.120; prior: 1959 c 263 § 5; 1907 c 56 § 1; 1903 c
151 § 1; 1893 c 130 § 1; RRS § 10993.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.125 Fees—Charitable trusts—Charitable
solicitations. The secretary of state may adopt rules under
chapter 34.05 RCW establishing reasonable fees for the
following services rendered under chapter 11.110 or 19.09
RCW:
(1) Any service rendered in-person at the secretary of
state’s office;
(2) Any expedited service;
(3) The electronic transmittal of documents;
(4) The providing of information by microfiche or other
reduced-format compilation;
(5) The handling of checks or drafts for which sufficient
funds are not on deposit;
(6) The resubmission of documents previously submitted
to the secretary of state where the documents have been
returned to the submitter to make such documents conform
to the requirements of the applicable statute;
(7) The handling of telephone requests for information;
and
(8) Special search charges. [1993 c 471 § 24; 1993 c
269 § 14.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Effective date—1993 c 269: See note following RCW 23.86.070.
(2002 Ed.)
43.07.120
43.07.130 Secretary of state’s revolving fund—
Publication fees authorized, disposition. There is created
within the state treasury a revolving fund, to be known as
the "secretary of state’s revolving fund," which shall be used
by the office of the secretary of state to defray the costs of
printing, reprinting, or distributing printed matter authorized
by law to be issued by the office of the secretary of state,
and any other cost of carrying out the functions of the
secretary of state under Title 23B RCW, or chapters 18.100,
23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36,
25.15, or 25.10 RCW.
The secretary of state is hereby authorized to charge a
fee for such publications in an amount which will compensate for the costs of printing, reprinting, and distributing such
printed matter. Fees recovered by the secretary of state
under RCW 43.07.120(2), 23B.01.220 (1)(e), (6) and (7),
23B.18.050, 24.03.410, 24.06.455, or 46.64.040, and such
other moneys as are expressly designated for deposit in the
secretary of state’s revolving fund shall be placed in the
secretary of state’s revolving fund. [1994 c 211 § 1311;
1991 c 72 § 54; 1989 c 307 § 40; 1982 c 35 § 188; 1973 1st
ex.s. c 85 § 1; 1971 ex.s. c 122 § 1.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.140 Materials specifically authorized to be
printed and distributed. The secretary of state is hereby
specifically authorized to print, reprint, and distribute the
following materials:
(1) Lists of active corporations;
(2) The provisions of Title 23 RCW;
(3) The provisions of Title 23B RCW;
(4) The provisions of Title 24 RCW;
(5) The provisions of chapter 25.10 RCW;
(6) The provisions of Title 29 RCW;
(7) The provisions of chapter 18.100 RCW;
(8) The provisions of chapter 19.77 RCW;
(9) The provisions of chapter 43.07 RCW;
(10) The provisions of the Washington state Constitution;
(11) The provisions of chapters 40.14, 40.16, and 40.20
RCW, and any statutes, rules, schedules, indexes, guides,
descriptions, or other materials related to the public records
of state or local government or to the state archives; and
(12) Rules and informational publications related to the
statutory provisions set forth above. [1991 c 72 § 55; 1982
c 35 § 189; 1973 1st ex.s. c 85 § 2.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.150 Uniform commercial code powers, duties,
and functions transferred to department of licensing. All
powers, duties, and functions vested by law in the secretary
of state relating to the Uniform Commercial Code are transferred to the department of licensing. [1979 c 158 § 92;
1977 ex.s. c 117 § 1.]
[Title 43 RCW—page 37]
43.07.150
Title 43 RCW: State Government—Executive
Severability—1977 ex.s. c 117: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 117 § 13.]
Effective date—1977 ex.s. c 117: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 117 § 14.]
43.07.160 Authenticating officers—Appointment
authorized—Use of facsimile signature. The secretary of
state may appoint authenticating officers and delegate to the
authenticating officers power to sign for the secretary of
state any document which, to have legal effect, requires the
secretary of state’s signature and which is of a class which
the secretary of state has authorized for signature by the
authenticating officers in a writing on file in the secretary of
state’s office. Authenticating officers shall sign in the
following manner: ". . . . . ., Authenticating Officer for the
Secretary of State . . . . . ."
The secretary of state may also delegate to the authenticating officers power to use the secretary of state’s facsimile
signature for signing any document which, to have legal
effect, requires the secretary of state’s signature and is of a
class with respect to which the secretary of state has authorized use of his or her facsimile signature by a writing filed
in the secretary of state’s office. As used in this section,
"facsimile signature" includes, but is not limited to, the
reproduction of any authorized signature by a copper plate,
a rubber stamp, or by a photographic, photostatic, or mechanical device.
The secretary of state shall effect the appointment and
delegation by placing on file in the secretary of state’s office
in a single document the names of all persons appointed as
authenticating officers and each officer’s signature, a list of
the classes of documents each authenticating officer is
authorized to sign for the secretary of state, a copy of the
secretary of state’s facsimile signature, and a list of the
classes of documents which each authenticating officer may
sign for the secretary of state by affixing the secretary of
state’s facsimile signature. The secretary of state may
revoke the appointment or delegation or powers by placing
on file in the secretary of state’s office a new single document which expressly revokes the authenticating officers and
the powers delegated to them. The secretary of state shall
record and index documents filed by him or her under this
section, and the documents shall be open for public inspection.
The authorized signature of an authenticating officer or
an authorized facsimile signature of the secretary of state
shall have the same legal effect and validity as the genuine
manual signature of the secretary of state. [1982 c 35 § 2.]
Intent—1982 c 35: "The legislature finds that the secretary of state’s
office, particularly the corporations division, performs a valuable public
service for the business and nonprofit corporate community, and for the
state of Washington. The legislature further finds that numerous filing and
other requirements of the laws relating to the secretary of state’s responsibilities have not been recently updated, thereby causing problems and delays
for the corporate community as well as the secretary of state’s office.
To provide better service to the corporate community in this state, and
to permit the secretary of state to make efficient use of state resources and
improve collection of state revenues, statutory changes are necessary. It is
the intent of the legislature to provide for the modernization and updating
of the corporate laws and other miscellaneous filing statutes and to give the
[Title 43 RCW—page 38]
secretary of state the appropriate authority the secretary of state needs to
implement the modernization and streamlining effort." [1982 c 35 § 1.]
Severability—1982 c 35: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 35 § 202.]
Effective dates—Application—1982 c 35: "(1) Except as provided
under subsection (3) of this section, this act shall take effect July 1, 1982.
(2) Sections 6, 14, 47, 72, 75(2), 76(4), 80, 81, 97, 101, 120, 121(4),
124, 169, and 171(4) shall be construed and apply only to actions taken or
documents filed after that date.
(3) Sections 39, 45, 46, 52, 61, 63, and 201 of this act shall take effect
January 1, 1983." [1982 c 35 § 203.]
43.07.170 Establishment of a corporate filing system
using other methods authorized. (1) If the secretary of
state determines that the public interest and the purpose of
the filing and registration statutes administered by the
secretary of state would be best served by a filing system
utilizing microfilm, microfiche, methods of reduced-format
document recording, or electronic or online filing, the
secretary of state may, by rule adopted under chapter 34.05
RCW, establish such a filing system.
(2) In connection with a reduced-format filing system,
the secretary of state may eliminate any requirement for a
duplicate original filing copy, and may establish reasonable
requirements concerning paper size, print legibility, and
quality for photo-reproduction processes as may be necessary
to ensure utility and readability of any reduced-format filing
system.
(3) In connection with an electronic or online filing
system, the secretary of state may eliminate any requirement
for a duplicate original filing copy and may establish
reasonable requirements for electronic filing, including but
not limited to signature technology, file format and type, delivery, types of filing that may be completed electronically,
and methods for the return of filed documents. [2002 c 74
§ 20; 1982 c 35 § 191.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.173 Facsimile transmissions—Acceptance and
filing by the secretary of state. (1) The secretary of state
shall accept and file in the secretary’s office facsimile
transmissions of any documents authorized or required to be
filed pursuant to Title 23, 23B, 24, or 25 RCW or chapter
18.100 RCW. The acceptance by the secretary of state is
conditional upon the document being legible and otherwise
satisfying the requirements of state law or rules with respect
to form and content, including those established under RCW
43.07.170. If the document must be signed, that requirement
is satisfied by a facsimile copy of the signature.
(2) If a fee is required for filing the document, the
secretary may reject the document for filing if the fee is not
received before, or at the time of, receipt. [1998 c 38 § 1.]
43.07.175 Copies of certain filed documents to
insurance commissioner. The secretary of state shall
deliver to the office of the insurance commissioner copies of
corporate documents filed with the secretary of state by
health care service contractors and health maintenance
organizations that have been provided for the insurance
(2002 Ed.)
Secretary of State
commissioner under RCW 48.44.013 and 48.46.012. [1998
c 23 § 18.]
43.07.180 Staggered corporate license renewal
system authorized. The secretary of state may, by rule
adopted under chapter 34.05 RCW, adopt and implement a
system of renewals for annual corporate licenses or filings in
which the renewal dates are staggered throughout the year.
To facilitate the implementation of the staggered system,
the secretary of state may extend the duration of corporate
licensing periods or report filing periods and may impose
and collect such additional proportional fees as may be
required on account of the extended periods. [1982 c 35 §
192.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.190 Use of a summary face sheet or cover
sheet with the filing of certain documents authorized.
Where the secretary of state determines that a summary face
sheet or cover sheet would expedite review of any documents made under Title 23B RCW, or chapter 18.100, 23.86,
23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.36, or 25.10
RCW, the secretary of state may require the use of a
summary face sheet or cover sheet that accurately reflects
the contents of the attached document. The secretary of
state may, by rule adopted under chapter 34.05 RCW,
specify the required contents of any summary face sheet and
the type of document or documents in which the summary
face sheet will be required, in addition to any other filing
requirements which may be applicable. [1991 c 72 § 56;
1989 c 307 § 41; 1982 c 35 § 193.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.200 Business license center as secretary of
state’s agent for corporate renewals—Proposals for—
Schedule. Not later than July 1, 1982, the secretary of state
and the director of licensing shall propose to the director of
financial management a contract and working agreement
with accompanying fiscal notes designating the business
license center as the secretary of state’s agent for issuing all
or a portion of the corporation renewals within the jurisdiction of the secretary of state. The secretary of state and the
director of licensing shall submit the proposed contract and
accompanying fiscal notes to the legislature before October
1, 1982.
The secretary of state and the director of licensing shall
jointly submit to the legislature by January 10, 1983, a
schedule for designating the center as the secretary of state’s
agent for all such corporate renewals not governed by the
contract. [1982 c 182 § 12.]
Severability—1982 c 182: See RCW 19.02.901.
Business license center act: Chapter 19.02 RCW.
Certain business or professional activity licenses exempt: RCW 19.02.800.
Master license system—Existing licenses or permits registered under, when:
RCW 19.02.810.
(2002 Ed.)
43.07.175
43.07.205 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The secretary of state may contract with the federal internal revenue
service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other
federal credentials or documents, at specified offices and
locations of the agency in conjunction with any application
for state licenses under chapter 19.02 RCW. [1997 c 51 §
3.]
Intent—1997 c 51: See note following RCW 19.02.300.
43.07.210 Filing false statements—Penalty. Any
person who files a false statement, which he or she knows
to be false, in the articles of incorporation or in any other
materials required to be filed with the secretary of state shall
be guilty of a gross misdemeanor punishable under chapter
9A.20 RCW. [1984 c 75 § 25.]
43.07.220 Oral history program. The secretary of
state, at the direction of the oral history advisory committee,
shall administer and conduct a program to record and
document oral histories of current and former members and
staff of the Washington state legislature, current and former
state government officials and personnel, and other citizens
who have participated in the political history of Washington
state. The secretary of state shall contract with independent
oral historians and through the history departments of the
state universities to interview and record oral histories. The
tapes and tape transcripts shall be indexed and made available for research and reference through the state archives.
The transcripts, together with current and historical photographs, may be published for distribution to libraries and for
sale to the general public. [1991 c 237 § 1.]
Effective date—1991 c 237: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect on July
1, 1991." [1991 c 237 § 6.]
43.07.230 Oral history advisory committee—
Members. An oral history advisory committee is created,
which shall consist of the following individuals:
(1) Four members of the house of representatives, two
from each of the two largest caucuses of the house, appointed by the speaker of the house of representatives;
(2) Four members of the senate, two from each of the
two largest caucuses of the senate, appointed by the president of the senate;
(3) The chief clerk of the house of representatives;
(4) The secretary of the senate; and
(5) The secretary of state. [1991 c 237 § 2.]
Effective date—1991 c 237: See note following RCW 43.07.220.
43.07.240 Oral history advisory committee—Duties.
The oral history advisory committee shall have the following
responsibilities:
(1) To select appropriate oral history interview subjects;
(2) To select transcripts or portions of transcripts, and
related historical material, for publication;
[Title 43 RCW—page 39]
43.07.240
Title 43 RCW: State Government—Executive
(3) To advise the secretary of state on the format and
length of individual interview series and on appropriate
issues and subjects for related series of interviews;
(4) To advise the secretary of state on the appropriate
subjects, format, and length of interviews and on the process
for conducting oral history interviews with subjects currently
serving in the Washington state legislature;
(5) To advise the secretary of state on joint programs
and activities with state universities, colleges, museums, and
other groups conducting oral histories; and
(6) To advise the secretary of state on other aspects of
the administration of the oral history program and on the
conduct of individual interview projects. [1991 c 237 § 3.]
Effective date—1991 c 237: See note following RCW 43.07.220.
43.07.300 Division of elections—Director. The
secretary of state shall establish a division of elections within
the office of the secretary of state and under the secretary’s
supervision. The division shall be under the immediate
supervision of a director of elections who shall be appointed
by the secretary of state and serve at the secretary’s pleasure.
[1992 c 163 § 1.]
43.07.310 Division of elections—Duties. The
secretary of state, through the division of elections, is
responsible for the following duties, as prescribed by Title
29 RCW:
(1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;
(2) The production and distribution of a state voters’
and candidates’ pamphlet;
(3) The examination, testing, and certification of voting
equipment, voting devices, and vote-tallying systems;
(4) The administration, canvassing, and certification of
the presidential primary, state primaries, and state general
elections;
(5) The administration of motor voter and other voter
registration and voter outreach programs;
(6) The training, testing, and certification of state and
local elections personnel as established in RCW 29.60.030;
(7) The training of state and local party observers
required by RCW 29.60.040;
(8) The conduct of postelection reviews as established
in RCW 29.60.070; and
(9) Other duties that may be prescribed by the legislature. [1992 c 163 § 2.]
43.07.350 Citizens’ exchange program. The secretary of state, in consultation with the *department of trade,
the department of agriculture, economic development
consultants, the consular corps, and other international trade
organizations, shall develop a Washington state citizens’
exchange program that will initiate and promote:
(1) Citizen exchanges between Washington state
agricultural, technical, and educational groups and organizations with their counterparts in targeted foreign countries.
(2) Expanded educational and training exchanges
between Washington state individuals and organizations with
similar groups in targeted foreign countries.
(3) Programs to extend Washington state expertise to
targeted foreign countries to help promote better health and
[Title 43 RCW—page 40]
technical assistance in agriculture, water resources, hydroelectric power, forestry management, education, and other
areas.
(4) Efforts where a special emphasis is placed on
utilizing Washington state’s rich human resources who are
retired from public and private life and have the time to
assist in this program.
(5) People-to-people programs that may result in
increased tourism, business relationships, and trade from
targeted foreign nations to the Pacific Northwest. [1993 c
113 § 1.]
*Reviser’s note: The department of trade and economic development
was the correct name for this department. The name of the department is
now the department of community, trade, and economic development,
pursuant to 1993 c 280.
43.07.365 Oral history activities—Funding—Rules.
The secretary of state may fund oral history activities
through donations as provided in RCW 43.07.037. The
activities may include, but not be limited to, conducting
interviews, preparing and indexing transcripts, publishing
transcripts and photographs, and presenting displays and
programs. Donations that do not meet the criteria of the oral
history program may not be accepted. The secretary of state
shall adopt rules necessary to implement this section. [2002
c 358 § 3.]
Chapter 43.08
STATE TREASURER
Sections
43.08.010
43.08.015
43.08.020
43.08.030
43.08.040
43.08.050
43.08.060
43.08.061
43.08.062
43.08.064
43.08.066
43.08.068
43.08.070
43.08.080
43.08.090
43.08.100
43.08.110
43.08.120
43.08.130
43.08.135
43.08.140
43.08.150
43.08.160
43.08.180
43.08.190
43.08.200
43.08.250
General duties.
Cash management duties.
Residence—Bond—Oath.
Seal.
Administration of oaths.
Records and accounts—Public inspection.
Duplicate receipts.
Warrants—Public printer to print—Retention of redeemed
warrants.
Warrants—Presentation—Cancellation.
Lost or destroyed warrants, instruments, or other evidence of
indebtedness—Issuing officer to issue duplicate.
Lost or destroyed warrants, instruments, or other evidence of
indebtedness—Conditions on issuance.
Lost or destroyed warrants, instruments, or other evidence of
indebtedness—Records to be kept—Cancellation of
originals—Notice.
Warrants—Indorsement—Interest—Issuance of new warrants.
Call of warrants.
Fiscal agent for state.
Fiscal agent for state—Duties of fiscal agent.
Fiscal agent for state—Fiscal agent’s receipts.
Assistant—Deputies—Responsibility for acts.
Wilful refusal to pay warrants—Exceptions—Recovery.
Cash or demand deposits—Duty to maintain—RCW
9A.56.060(1) not deemed violated, when.
Embezzlement—Penalty.
Monthly financial report on funds and accounts.
Monthly financial report—Report to be printed.
Cashing checks, drafts, and state warrants—Discretionary—
Conditions—Procedure upon dishonor.
State treasurer’s service fund—Creation—Purpose.
State treasurer’s service fund—Expenditure limitation.
Public safety and education account—Use.
(2002 Ed.)
State Treasurer
43.08.260
Public safety and education account to fund civil representation of indigent persons—When authorized—
Distribution formula—Audit—Rules.
43.08.270 Joint legislative civil legal services oversight committee.
43.08.280 Statewide custody contract for local governments and institutions of higher education.
Acquisition of highway property in advance of programmed construction,
treasurer’s duties relating to: Chapter 47.12 RCW.
Actions against state on warrant appearing to be redeemed: RCW
4.92.200.
Advances: Chapter 42.26 RCW.
Astoria-Megler bridge project, treasurer’s duties relating to: RCW
47.56.652.
Bonds, notes, and other evidences of indebtedness, treasurer’s duties:
Chapter 39.42 RCW.
Budget and accounting system, powers and duties: RCW 43.88.160.
Centennial document preservation and modernization account: RCW
36.22.170.
Council for the prevention of child abuse and neglect, depository for: RCW
43.121.100.
Document preservation in counties, treasurer’s duties: RCW 36.22.170
through 36.22.190.
Drivers’ training schools, treasurer’s powers and duties relating to:
Chapter 46.82 RCW.
Duties: State Constitution Art. 3 § 19.
Election: State Constitution Art. 3 § 1.
Eminent domain by state, warrant to pay damages and costs to court:
RCW 8.04.160.
Ex officio treasurer of judges’ retirement fund: RCW 2.12.010.
Fair fund, horse racing moneys: RCW 15.76.115.
Fire insurance premium funds, distribution of, duties: RCW 41.16.050.
For-hire motor vehicle certificates and operators’ permits, treasurer’s
powers and duties relating to: Chapter 46.72 RCW.
Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020.
Funds from franchises across bridges jointly owned or operated, treasurer
to deposit into proper fund: RCW 47.44.040.
Gambling commission, payments for costs of audit: RCW 9.46.060.
Gambling revolving fund, treasurer as custodian: RCW 9.46.100.
Highway funds generally, treasurer’s powers and duties relating to:
Chapter 47.08 RCW.
Investment accounting: RCW 43.33A.180.
Investment board member: RCW 43.33A.020.
Judges’ retirement fund, duties concerning: RCW 2.12.050 and 2.12.060.
Liquor revolving fund, custody of: RCW 66.08.170.
Misappropriation of funds, penalty: RCW 42.20.090.
Motor vehicle
dealers’ licenses, treasurer’s powers and duties relating to: Chapter
46.70 RCW.
responsibility act, treasurer’s duties under: Chapter 46.29 RCW.
revenue, treasurer’s powers and duties relating to: Chapter 46.68 RCW.
transporters’ licensing, treasurer’s powers and duties relating to:
Chapter 46.76 RCW.
Oath of office: RCW 43.01.020, 43.08.020.
Obstructions on highway right of way, treasurer’s duties relating to: RCW
47.32.060.
Off-road and nonhighway vehicles, treasurer’s duties: RCW 46.09.030,
46.09.170.
Payments from, judgments against state: RCW 4.92.040.
Public employees’ retirement, statement concerning: RCW 41.50.260,
41.50.265.
Public funds
accounting for: RCW 43.88.160.
classification by fund or account: RCW 43.88.160.
disbursement by warrant or check: RCW 43.88.160.
receipt and keeping of: RCW 43.88.160.
revolving funds, custody over: RCW 43.88.190.
(2002 Ed.)
Chapter 43.08
Public utility districts, privilege taxes, duties in regard to: RCW 54.28.040.
Puget Sound ferry and toll bridge system, treasurer’s powers and duties
relating to: Chapter 47.60 RCW.
Purchase of bridges or ferries by department of transportation, treasurer’s
powers and duties relating to: RCW 47.56.050.
Records and accounts to be kept at seat of government: State Constitution
Art. 3 § 24.
Residence must be at seat of government: State Constitution Art. 3 § 24.
Salary, amount of: State Constitution Art. 3 § 19, Art. 28 § 1; RCW
43.03.010.
Snowmobile act, treasurer’s duties: Chapter 46.10 RCW.
State canvassing board member: RCW 29.62.100.
State finance committee
chairman: RCW 43.33.040.
member: RCW 43.33.010.
State trade fair fund, horse racing moneys: RCW 43.31.805.
Succession to governorship: State Constitution Art. 3 § 10.
Surplus funds, investment program: Chapter 43.86A RCW.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Toll bridges, improvement of existing bridge and construction of new bridge
as single project, treasurer’s powers and duties relating to: Chapter
47.58 RCW.
Vehicle wreckers’ licensing, treasurer’s powers and duties relating to:
Chapter 46.80 RCW.
Vocational rehabilitation funds, custodian of: RCW 74.29.050.
Volunteer fire fighters’ board of trustees, report, duties: RCW 41.24.070.
Warrants or checks, unlawful to issue except upon forms prescribed by
director of financial management: RCW 43.88.160.
Washington State University
bonds and securities, annual report to regents: RCW 28B.30.300.
receiving agent for federal aid to: RCW 28B.30.270.
43.08.010 General duties. The state treasurer shall:
(1) Receive and keep all moneys of the state in the
manner provided in RCW 43.88.160, as now or hereafter
amended;
(2) Disburse the public moneys only upon warrants or
checks drawn upon the treasurer in the manner provided by
law;
(3) Account for moneys in the manner provided by law;
(4) Render accounts in the manner provided by law;
(5) Indorse on each warrant when required by law, the
date of payment, the amount of the principal, and the interest
due on that date;
(6) Report annually to the legislature a detailed statement of the condition of the treasury, and of its operations
for the preceding fiscal year;
(7) Give information, in writing, to either house of the
legislature, whenever required, upon any subject connected
with the treasury, or touching any duty of his office;
(8) Account for and pay over all moneys on hand to his
successor in office, and deliver all books, vouchers, and
effects of office to him, who shall receipt therefor;
(9) Upon payment of any warrant, or check, take upon
the back thereof the indorsement of the person to whom it is
paid. [1977 c 75 § 38; 1965 c 8 § 43.08.010. Prior: 1890
p 642 § 1; RRS § 11019; prior: 1886 p 134 § 2; 1871 p 77
§ 2; 1864 p 52 § 3; 1854 p 413 § 3.]
Budget and accounting system, powers and duties: RCW 43.88.160.
43.08.015 Cash management duties. Within the
policies and procedures established pursuant to RCW
*43.41.110(13) and 43.88.160(1), the state treasurer shall
[Title 43 RCW—page 41]
43.08.015
Title 43 RCW: State Government—Executive
take such actions as are necessary to ensure the effective
cash management of public funds. This cash management
shall include the authority to represent the state in all
contractual relationships with financial institutions. The state
treasurer may delegate cash management responsibilities to
the affected agencies with the concurrence of the office of
financial management. [1993 c 500 § 3.]
*Reviser’s note: RCW 43.41.110 was amended by 2002 c 332 § 23,
changing subsection (13) to subsection (14).
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
43.08.020 Residence—Bond—Oath. The state
treasurer shall reside and keep his office at the seat of
government. Before entering upon his duties, he shall execute and deliver to the secretary of state a bond to the state
in a sum of not less than five hundred thousand dollars, to
be approved by the secretary of state and one of the justices
of the supreme court, conditioned to pay all moneys at such
times as required by law, and for the faithful performance of
all duties required of him by law. He shall take an oath of
office, to be indorsed on his commission, and file a copy
thereof, together with the bond, in the office of the secretary
of state. [1972 ex.s. c 12 § 1. Prior: 1971 c 81 § 108;
1971 c 14 § 1; 1965 c 8 § 43.08.020; prior: 1890 p 642 §
2; RRS § 11022; prior: 1886 p 133 § 1; 1881 p 18 § 1;
1871 p 76 § 1; 1864 p 51 § 2; 1854 p 413 § 2.]
43.08.030 Seal. The treasurer shall keep a seal of
office for the authentication of all papers, writings, and
documents required to be certified by him. [1965 c 8 §
43.08.030. Prior: 1890 p 643 § 6; RRS § 11025; prior:
1886 p 135 § 6; 1871 p 78 § 6; 1864 p 53 § 7; 1854 p 414
§ 7.]
43.08.040 Administration of oaths. The treasurer
may administer all oaths required by law in matters pertaining to the duties of his office. [1965 c 8 § 43.08.040. Prior:
1890 p 643 § 5; RRS § 11024; prior: 1886 p 135 § 5; 1871
p 78 § 5; 1864 p 53 § 6; 1854 p 414 § 6.]
43.08.050 Records and accounts—Public inspection.
All the books, papers, letters, and transactions pertaining to
the office of treasurer shall be open for the inspection of a
committee of the legislature to examine or settle all accounts, and to count all money; and to the inspection of the
public generally during office hours; and when the successor
of any treasurer is elected and qualified, the state auditor
shall examine and settle all the accounts of the treasurer
remaining unsettled, and give him a certified statement
showing the balance of moneys, securities, and effects for
which he is accountable, which have been delivered to his
successor, and report the same to the legislature. [1965 c 8
§ 43.08.050. Prior: 1890 p 643 § 3; RRS § 11023; prior:
1886 p 134 § 3; 1864 p 53 § 4; 1854 p 414 § 4.]
specify the amount and date of such payment, and for what
particular fund or account.
For all sums of money so paid the state treasurer shall
forthwith give duplicate receipts in accordance with the rules
and regulations promulgated by the office of financial
management as authorized by RCW 43.88.160(1). [1979 c
151 § 89; 1977 c 16 § 1; 1965 c 8 § 43.08.060. Prior:
1890 p 643 § 4; RRS § 5504; prior: 1886 p 134 § 4; 1871
p 78 § 4; 1864 p 53 § 5; 1854 p 414 § 5.]
43.08.061 Warrants—Public printer to print—
Retention of redeemed warrants. The public printer shall
print all state treasury warrants for distribution as directed by
the state treasurer. All warrants redeemed by the state
treasurer shall be retained for a period of one year, following
their redemption, after which they may be destroyed without
regard to the requirements imposed for their destruction by
chapter 40.14 RCW. [1993 c 38 § 1; 1981 c 10 § 1; 1975
c 48 § 2.]
Actions against state on redeemed warrants, time limitation: RCW
4.92.200.
43.08.062 Warrants—Presentation—Cancellation.
Should the payee or legal holder of any warrant drawn
against the state treasury fail to present the warrant for
payment within one hundred eighty days of the date of its
issue or, if registered and drawing interest, within one
hundred eighty days of its call, the state treasurer shall enter
the same as canceled on the books of his office.
Should the payee or legal owner of such a canceled
warrant thereafter present it for payment, the state treasurer
may, upon proper showing by affidavit and the delivery of
the warrant into his possession, issue a new warrant in lieu
thereof, and the state treasurer is authorized to pay the new
warrant. [1986 c 99 § 1; 1981 c 10 § 2; 1965 c 8 §
43.08.062. Prior: 1890 p 638 § 13; RRS § 11008; prior:
1883 p 61 § 1. Formerly RCW 43.09.100.]
43.08.064 Lost or destroyed warrants, instruments,
or other evidence of indebtedness—Issuing officer to
issue duplicate. In case of the loss or destruction of a state
warrant for the payment of money, or any bond or other
instrument or evidence of indebtedness, issued by any state
officer, or agency, such officer, or such agency through its
appropriate officer may issue or cause to be issued a
duplicate in lieu thereof, bearing the same number, class, or
designation in all respects and for the same amount as the
original, except that the word duplicate shall plainly appear
upon the face of the new instrument in such a manner as to
clearly identify it as a duplicate instrument. The duplicate
instrument so issued shall be subject in all other respects to
the same provisions of law as the original instrument. [1979
ex.s. c 71 § 3; 1975-’76 2nd ex.s. c 77 § 2; 1965 ex.s. c 61
§ 1; 1965 c 8 § 43.08.064. Prior: 1890 p 639 § 15; RRS §
11010; prior: 1888 p 236 § 1. Formerly RCW 43.09.110.]
Public records, budget and accounting system: RCW 43.88.200.
Lost or destroyed evidence of indebtedness issued by local governments:
Chapter 39.72 RCW.
43.08.060 Duplicate receipts. All persons required by
law to pay any moneys into the state treasury, or to transmit
any public funds to the state treasurer on state accounts,
shall, at the time of making such payments or transmissions
43.08.066 Lost or destroyed warrants, instruments,
or other evidence of indebtedness—Conditions on
issuance. Before a duplicate instrument is issued, the state
[Title 43 RCW—page 42]
(2002 Ed.)
State Treasurer
treasurer or other issuing officer shall require the person
making application for its issue to file in his office a written
affidavit specifically alleging on oath that he is the proper
owner, payee, or legal representative of such owner or payee
of the original instrument, giving the date of issue, the
number, amount, and for what services or claim or purpose
the original instrument or series of instruments of which it
is a part was issued, and that the same has been lost or
destroyed, and has not been paid, or has not been received
by him: PROVIDED, That in the event that an original and
its duplicate instrument are both presented for payment as a
result of forgery or fraud, the issuing officer shall be the
state agency responsible for endeavoring to recover any
losses suffered by the state. [1979 ex.s. c 71 § 4; 1972 ex.s.
c 74 § 1; 1971 ex.s. c 54 § 1; 1965 ex.s. c 61 § 2; 1965 c 8
§ 43.08.066. Prior: 1890 p 639 § 16; RRS § 11011; prior:
1888 p 236 § 2. Formerly RCW 43.09.120.]
43.08.068 Lost or destroyed warrants, instruments,
or other evidence of indebtedness—Records to be kept—
Cancellation of originals—Notice. The state treasurer or
other issuing officer shall keep a full and complete record of
all warrants, bonds or other instruments alleged to have been
lost or destroyed, which were issued by such agency, and of
the issue of any duplicate therefor; and upon the issuance of
any duplicate, the officer shall enter upon his books the
cancellation of the original instrument and immediately
notify the state treasurer, the state auditor, and all trustees
and paying agents authorized to redeem such instruments on
behalf of the state of Washington, of such cancellation. The
treasurer shall keep a similar list of all warrants, bonds or
other instruments so canceled. [1965 ex.s. c 61 § 3; 1965 c
8 § 43.08.068. Prior: 1890 p 640 § 17; RRS § 11012;
prior: 1888 p 236 § 3. Formerly RCW 43.09.130.]
43.08.070 Warrants—Indorsement—Interest—
Issuance of new warrants. Upon the presentation of any
state warrant to the state treasurer, if there is not sufficient
money then available in the appropriate fund with which to
redeem all warrants drawn against such fund which the
treasurer anticipates will be presented for payment during the
current business day, he may endorse on the warrant, "Not
paid for want of funds," with the day and date of presentation, and the warrant shall draw legal interest from and
including that date until five days from and after being
called for payment in accordance with RCW 43.08.080, or
until paid, whichever occurs first; or, in the alternative, the
treasurer may prepare and register a single new warrant,
drawn against the appropriate fund, and exchange such new
warrant for one or more warrants not paid for want of funds
when presented for payment totaling a like amount but not
exceeding one million dollars, which new warrant shall then
draw legal interest from and including its date of issuance
until five days from and after being called for payment in
accordance with RCW 43.08.080, or until paid, whichever
occurs first. The legal rate or rates of interest on these
warrants shall be established by the state treasurer in accordance with RCW 39.56.030. [1981 c 10 § 3; 1971 ex.s. c
88 § 2; 1965 c 8 § 43.08.070. Prior: 1869 p 408 § 2; RRS
§ 5516.]
(2002 Ed.)
43.08.066
Severability—1971 ex.s. c 88: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 88 § 6.]
43.08.080 Call of warrants. When the state treasurer
deems that there is sufficient money in a fund to pay all or
part of the registered warrants of such fund, and the warrants
are not presented for payment, he may advertise at least once
in some newspaper published at the seat of government,
stating the serial number of the warrants he is calling and
prepared to pay; and if such warrants are not presented for
payment within five days from and after the date of publication of the notice, the warrants shall not then draw any
further interest: PROVIDED, That when said fund has a
balance in excess of three percent of the preceding monthly
warrant issue of said fund, or at any time that the money in
the fund exceeds the warrants outstanding, the state treasurer
shall similarly advertise a call for all those registered
warrants which can be fully paid out of said fund in accordance with their registration sequence. [1971 ex.s. c 88 § 3;
1965 c 8 § 43.08.080. Prior: 1890 p 644 § 8; RRS § 5517;
prior: 1886 p 135 § 9; 1871 p 79 § 9.]
Severability—1971 ex.s. c 88: See note following RCW 43.08.070.
43.08.090 Fiscal agent for state. The state treasurer
shall be ex officio the fiscal agent of the state. [1965 c 8 §
43.08.090. Prior: 1891 c 138 § 1; RRS § 5484.]
Fiscal agencies: Chapter 43.80 RCW.
43.08.100 Fiscal agent for state—Duties of fiscal
agent. The fiscal agent of the state shall receive all moneys
due the state from any other state or from the federal
government, take all necessary steps for the collection
thereof, and apply the same to the funds to which they
belong. He shall collect from time to time all moneys that
may accrue to the state by virtue of section 13 of the
enabling act, or from any other source not otherwise provided for by law. [1965 c 8 § 43.08.100. Prior: (i) 1891 c
138 § 2; RRS § 5485. (ii) 1891 c 138 § 4; RRS § 5487.]
43.08.110 Fiscal agent for state—Fiscal agent’s
receipts. The fiscal agent shall issue the necessary receipts
for all moneys collected, and such receipts shall show the
date when paid, the amount, from whom received, and on
what account the money was collected.
One or more copies of such receipt shall be given to the
persons from whom the money was received, and one copy
shall be given to the director of financial management.
[1979 c 151 § 90; 1965 c 8 § 43.08.110. Prior: 1891 c 138
§ 3; RRS § 5486.]
43.08.120 Assistant—Deputies—Responsibility for
acts. The state treasurer may appoint an assistant state
treasurer, who shall have the power to perform any act or
duty which may be performed by the state treasurer, and in
case of a vacancy in the office of state treasurer, perform the
duties of the office until the vacancy is filled as provided by
law.
The state treasurer may appoint no more than three
deputy state treasurers, who shall have the power to perform
[Title 43 RCW—page 43]
43.08.120
Title 43 RCW: State Government—Executive
any act or duty which may be performed by the state
treasurer.
The assistant state treasurer and the deputy state
treasurers shall be exempt from the provisions of chapter
41.06 RCW and shall hold office at the pleasure of the state
treasurer; they shall, before entering upon the duties of their
office, take and subscribe, and file with the secretary of
state, the oath of office provided by law for other state
officers.
The state treasurer shall be responsible on his official
bond for all official acts of the assistant state treasurer and
the deputy state treasurers. [1973 c 10 § 1; 1971 c 15 § 1;
1965 c 8 § 43.08.120. Prior: 1921 c 36 § 1; RRS § 11020.]
(1) The amount in the fund at the close of business at
the end of the preceding month;
(2) The amount of revenue deposited or transferred to
the credit of each fund during the current month;
(3) The amount of withdrawals or transfers from each
fund during the current month; and
(4) The amount on hand in each fund at the close of
business at the end of the current month.
One copy of each report shall be provided promptly to
those requesting them so long as the supply lasts. [1977 c
75 § 39; 1965 c 8 § 43.08.150. Prior: 1947 c 32 § 1; Rem.
Supp. 1947 § 11019-1.]
43.08.130 Wilful refusal to pay warrants—
Exceptions—Recovery. If the state treasurer wilfully
refuses to pay except in accordance with the provisions of
RCW 43.08.070 or by cash or check any warrant designated
as payable in the state treasurer’s office which is lawfully
drawn upon the state treasury, or knowingly pays any
warrant otherwise than as provided by law, then any person
injured thereby may recover by action against the treasurer
and the sureties on his official bond. [1972 ex.s. c 145 § 2;
1965 c 8 § 43.08.130. Prior: 1890 p 644 § 7; RRS §
11026; prior: 1886 p 135 § 8; 1871 p 78 § 8; 1864 p 53 §
8; 1854 p 414 § 8.]
43.08.160 Monthly financial report—Report to be
printed. The state treasurer shall cause all such reports to
be printed as other public documents are printed and the
approval of no other officer of the state shall be necessary in
carrying out the purposes of RCW 43.08.150. [1965 c 8 §
43.08.160. Prior: 1947 c 32 § 2; Rem. Supp. 1947 §
11019-2.]
43.08.135 Cash or demand deposits—Duty to
maintain—RCW 9A.56.060(1) not deemed violated, when.
The state treasurer shall maintain at all times cash, or
demand deposits in qualified public depositaries in an
amount needed to meet the operational needs of state
government: PROVIDED, That the state treasurer shall not
be considered in violation of RCW 9A.56.060(1) if he
maintains demand accounts in public depositaries in an
amount less than all treasury warrants issued and outstanding. [1983 c 3 § 100; 1972 ex.s. c 145 § 3.]
43.08.140 Embezzlement—Penalty. If any person
holding the office of state treasurer fails to account for and
pay over all moneys in his or her hands in accordance with
law, or unlawfully converts to his or her own use in any way
whatever, or uses by way of investment in any kind of
property, or loans without authority of law, any portion of
the public money intrusted to him or her for safekeeping,
transfer, or disbursement, or unlawfully converts to his or
her own use any money that comes into his or her hands by
virtue of his or her office, the person shall be guilty of
embezzlement, and upon conviction thereof, shall be imprisoned in a state correctional facility not exceeding
fourteen years, and fined a sum equal to the amount embezzled. [1992 c 7 § 40; 1965 c 8 § 43.08.140. Prior: 1890 p
644 § 10; RRS § 11027; prior: 1886 p 105 § 11.]
Misappropriation of funds: RCW 42.20.070, 42.20.090.
43.08.150 Monthly financial report on funds and
accounts. As soon as possible after the close of each
calendar month, the state treasurer shall prepare a report as
to the state of the general fund and every other fund under
his control itemized as to:
[Title 43 RCW—page 44]
Biennial reports, periods: RCW 43.01.035.
Investment of surplus funds, rules and allocations to be published in report:
RCW 43.86A.050.
Reports, budget and accounting system: RCW 43.88.160.
43.08.180 Cashing checks, drafts, and state warrants—Discretionary—Conditions—Procedure upon
dishonor. The state treasurer is hereby authorized, in the
treasurer’s discretion and as a service to state officers and
employees, and to those known by the treasurer or the
treasurer’s staff, to accept in exchange for cash the checks,
drafts, or Washington state warrants drawn or endorsed by
these authorized persons and presented to the treasurer’s
office as meet each of the following conditions:
(1) The check or draft must be drawn to the order of
cash or bearer and be immediately payable by a drawee
financial institution; and
(2) The person presenting the check, draft, or Washington state warrant to the treasurer must produce such identification as the treasurer may require.
In the event that any check or draft cashed for a state
officer or employee by the state treasurer under this section
is dishonored by the drawee financial institution when
presented for payment, the treasurer is authorized, after
notice to the drawer or endorser of the dishonor, to withhold
from the drawer’s or endorser’s next state salary warrant the
full amount of the dishonored check or draft. [1984 c 74 §
1; 1971 c 5 § 1.]
43.08.190 State treasurer’s service fund—
Creation—Purpose. There is hereby created a fund within
the state treasury to be known as the "state treasurer’s
service fund". Such fund shall be used solely for the
payment of costs and expenses incurred in the operation and
administration of the state treasurer’s office.
Moneys shall be allocated monthly and placed in the
state treasurer’s service fund equivalent to a maximum of
one percent of the trust and treasury average daily cash
balances from the earnings generated under the authority of
RCW 43.79A.040 and 43.84.080 other than earnings generated from investment of balances in funds and accounts
(2002 Ed.)
State Treasurer
specified in RCW *43.79.040(2)(b) or **43.84.092(2)(b).
The allocation shall precede the distribution of the remaining
earnings as prescribed under RCW 43.79A.040 and
43.84.092. The state treasurer shall establish a uniform
allocation rate based on the appropriations for the treasurer’s
office. [1991 sp.s. c 13 § 83; 1985 c 405 § 506; 1973 c 27
§ 2.]
Reviser’s note: *(1) The reference to RCW 43.79.040(2)(b) is
incorrect. RCW 43.79A.040(2)(b) was apparently intended; and was
subsequently amended by 1993 sp.s. c 8 § 2 deleting subsection (2)(b).
**(2) RCW 43.84.092 was amended by 1993 c 500 § 6, changing
subsection (2)(b) to subsection (4)(b).
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1985 c 405: See note following RCW 9.46.100.
43.08.200 State treasurer’s service fund—
Expenditure limitation. All moneys deposited in the state
treasurer’s service fund shall be expended only pursuant to
legislative appropriation and for the purposes set forth in
RCW 43.08.190, 43.08.200, and *43.85.241. [1973 c 27 §
3.]
*Reviser’s note: RCW 43.85.241 was repealed by 1985 c 57 § 90,
effective July 1, 1985.
43.08.250 Public safety and education account—
Use. The money received by the state treasurer from fees,
fines, forfeitures, penalties, reimbursements or assessments
by any court organized under Title 3 or 35 RCW, or chapter
2.08 RCW, shall be deposited in the public safety and
education account which is hereby created in the state
treasury. The legislature shall appropriate the funds in the
account to promote traffic safety education, highway safety,
criminal justice training, crime victims’ compensation,
judicial education, the judicial information system, civil
representation of indigent persons, winter recreation parking,
drug court operations, and state game programs. During the
fiscal biennium ending June 30, 2003, the legislature may
appropriate moneys from the public safety and education
account for purposes of appellate indigent defense and other
operations of the office of public defense, the criminal
litigation unit of the attorney general’s office, the treatment
alternatives to street crimes program, crime victims advocacy
programs, justice information network telecommunication
planning, treatment for supplemental security income clients,
sexual assault treatment, operations of the office of administrator for the courts, security in the common schools,
alternative school start-up grants, programs for disruptive
students, criminal justice data collection, Washington state
patrol criminal justice activities, drug court operations,
unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs
incurred in the adjudication of criminal cases, domestic
violence treatment and related services, the department of
corrections’ costs in implementing chapter 196, Laws of
1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation,
the replacement of the department of corrections’ offenderbased tracking system, and methamphetamine-related
enforcement, education, training, and drug and alcohol
treatment services. [2001 2nd sp.s. c 7 § 914; 2001 c 289
§ 4; 2000 2nd sp.s. c 1 § 911; 1999 c 309 § 915; 1997 c 149
(2002 Ed.)
43.08.190
§ 910; 1996 c 283 § 901; 1995 2nd sp.s. c 18 § 912; 1993
sp.s. c 24 § 917; 1992 c 54 § 3. Prior: 1991 sp.s. c 16 §
919; 1991 sp.s. c 13 § 25; 1985 c 57 § 27; 1984 c 258 §
338.]
Reviser’s note: This section was amended by 2001 c 289 § 4 and by
2001 2nd sp.s. c 7 § 914, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2001 2nd sp.s. c 7: See notes
following RCW 43.320.110.
Severability—Effective date—2000 2nd sp.s. c 1: See notes
following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
Severability—1997 c 149: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 149 § 917.]
Effective date—1997 c 149: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 149 § 918.]
Severability—1996 c 283: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 283 § 904.]
Effective date—1996 c 283: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 30, 1996]." [1996 c 283 § 905.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes
following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective date—1992 c 54: See note following RCW 36.18.020.
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Public safety and education assessment: RCW 3.62.090.
43.08.260 Public safety and education account to
fund civil representation of indigent persons—When
authorized—Distribution formula—Audit—Rules. (1)(a)
The legislature recognizes the ethical obligation of attorneys
to represent clients without interference by third parties in
the discharge of professional obligations to clients. However, to ensure the most beneficial use of state resources, the
legislature finds that it is within the authority of the legislature to specify the categories of legal cases in which
qualified legal aid programs may provide civil representation
with state moneys. Accordingly, moneys appropriated for
civil legal representation pursuant to this section shall not be
used for legal representation that is either outside the scope
of this section or prohibited by this section.
(b) Nothing in this section is intended to limit the
authority of existing entities, including but not limited to the
Washington state bar association, the public disclosure
commission, the state auditor, and the federal legal services
corporation to resolve issues within their respective jurisdictions.
[Title 43 RCW—page 45]
43.08.260
Title 43 RCW: State Government—Executive
(2) Any money appropriated by the legislature from the
public safety and education account pursuant to RCW
43.08.250 or from any other state fund or account for civil
representation of indigent persons shall be used solely for the
purpose of contracting with qualified legal aid programs for
legal representation of indigent persons in matters relating to:
(a) Domestic relations and family law matters, (b) public
assistance and health care, (c) housing and utilities, (d) social
security, (e) mortgage foreclosures, (f) home protection
bankruptcies, (g) consumer fraud and unfair sales practices,
(h) rights of residents of long-term care facilities, (i) wills,
estates, and living wills, (j) elder abuse, and (k) guardianship.
(3) For purposes of this section, a "qualified legal aid
program" means a not-for-profit corporation incorporated and
operating exclusively in Washington which has received
basic field funding for the provision of civil legal services to
indigents from the federal legal services corporation or that
has received funding for civil legal services for indigents
under this section before July 1, 1997.
(4) The department of community, trade, and economic
development shall establish a distribution formula based on
the distribution by county of individuals with incomes below
the official federal poverty level guidelines. When entering
into a contract with a qualified legal services provider under
this section, the department shall require the provider to provide legal services in a manner that maximizes geographic
access in accordance with the formula established in this
subsection (4).
(5) Funds distributed to qualified legal aid programs
under this section may not be used directly or indirectly for:
(a) Lobbying.
(i) For purposes of this section, "lobbying" means any
personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device
directly or indirectly intended to influence any member of
congress or any other federal, state, or local nonjudicial official, whether elected or appointed:
(A) In connection with any act, bill, resolution, or
similar legislation by the congress of the United States or by
any state or local legislative body, or any administrative rule,
rule-making activity, standard, rate, or other enactment by
any federal, state, or local administrative agency;
(B) In connection with any referendum, initiative,
constitutional amendment, or any similar procedure of the
congress, any state legislature, any local council, or any
similar governing body acting in a legislative capacity; or
(C) In connection with inclusion of any provision in a
legislative measure appropriating funds to, or defining or
limiting the functions or authority of, the recipient of funds
under this section.
(ii) "Lobbying" does not include the response of an
employee of a legal aid program to a written request from a
governmental agency, an elected or appointed official, or
committee on a specific matter. This exception does not
authorize communication with anyone other than the requesting party, or agent or employee of such agency, official, or
committee.
(b) Grass roots lobbying. For purposes of this section,
"grass roots lobbying" means preparation, production, or
dissemination of information the purpose of which is to
encourage the public at large, or any definable segment
[Title 43 RCW—page 46]
thereof, to contact legislators or their staff in support of or
in opposition to pending or proposed legislation; or contribute to or participate in a demonstration, march, rally,
lobbying campaign, or letter writing or telephone campaign
for the purpose of influencing the course of pending or
proposed legislation.
(c) Class action lawsuits.
(d) Participating in or identifying the program with
prohibited political activities. For purposes of this section,
"prohibited political activities" means (i) any activity directed
toward the success or failure of a political party, a candidate
for partisan or nonpartisan office, a partisan political group,
or a ballot measure; (ii) advertising or contributing or
soliciting financial support for or against any candidate,
political group, or ballot measure; or (iii) voter registration
or transportation activities.
(e) Representation in fee-generating cases. For purposes
of this section, "fee-generating" means a case that might
reasonably be expected to result in a fee for legal services if
undertaken by a private attorney. The charging of a fee
pursuant to subsection (6) of this section does not establish
the fee-generating nature of a case.
A fee-generating case may be accepted when: (i) The
case has been rejected by the local lawyer referral services
or by two private attorneys; (ii) neither the referral service
nor two private attorneys will consider the case without
payment of a consultation fee; (iii) after consultation with
the appropriate representatives of the private bar, the
program has determined that the type of case is one that
private attorneys do not ordinarily accept, or do not accept
without prepayment of a fee; or (iv) the director of the
program or the director’s designee has determined that
referral of the case to the private bar is not possible because
documented attempts to refer similar cases in the past have
been futile, or because emergency circumstances compel
immediate action before referral can be made, but the client
is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(f) Organizing any association, union, or federation, or
representing a labor union. However, nothing in this
subsection (5)(f) prohibits the provision of legal services to
clients as otherwise permitted by this section.
(g) Representation of undocumented aliens.
(h) Picketing, demonstrations, strikes, or boycotts.
(i) Engaging in inappropriate solicitation. For purposes
of this section, "inappropriate solicitation" means promoting
the assertion of specific legal claims among persons who
know of their rights to make a claim and who decline to do
so. Nothing in this subsection precludes a legal services
program or its employees from providing information
regarding legal rights and responsibilities or providing
information regarding the program’s services and intake
procedures through community legal education activities,
responding to an individual’s specific question about whether
the individual should consult with an attorney or take legal
action, or responding to an individual’s specific request for
information about the individual’s legal rights or request for
assistance in connection with a specific legal problem.
(j) Conducting training programs that: (i) Advocate
particular public policies; (ii) encourage or facilitate political
activities, labor or antilabor activities, boycotts, picketing,
strikes, or demonstrations; or (iii) attempt to influence
(2002 Ed.)
State Treasurer
legislation or rule making. Nothing in this subsection (5)(j)
precludes representation of clients as otherwise permitted by
this section.
(6) The department may establish requirements for client
participation in the provision of civil legal services under
this section, including but not limited to copayments and
sliding fee scales.
(7)(a) Contracts entered into by the department of
community, trade, and economic development with qualified
legal services programs under this section must specify that
the program’s expenditures of moneys distributed under this
section:
(i) Must be audited annually by an independent outside
auditor. These audit results must be provided to the department of community, trade, and economic development; and
(ii) Are subject to audit by the state auditor.
(b)(i) Any entity auditing a legal services program under
this section shall have access to all records of the legal
services program to the full extent necessary to determine
compliance with this section, with the exception of confidential information protected by the United States Constitution,
the state Constitution, the attorney-client privilege, and
applicable rules of attorney conduct.
(ii) The legal services program shall have a system
allowing for production of case-specific information,
including client eligibility and case type, to demonstrate
compliance with this section, with the exception of confidential information protected by the United States Constitution, the state Constitution, the attorney-client privilege, and
applicable rules of attorney conduct. Such information shall
be available to any entity that audits the program.
(8) The department of community, trade, and economic
development must recover or withhold amounts determined
by an audit to have been used in violation of this section.
(9) The department of community, trade, and economic
development may adopt rules to implement this section.
[1997 c 319 § 2; 1995 c 399 § 62; 1992 c 54 § 4.]
Intent—1997 c 319: "It is the intent of the legislature to promote the
provision of civil legal services to indigent persons, subject to available
funds. To the extent that funds are appropriated for civil legal services for
the indigent, the legislature intends that civil legal services be offered within
an oversight framework that ensures accountability." [1997 c 319 § 1.]
Effective date—1992 c 54: See note following RCW 36.18.020.
43.08.270 Joint legislative civil legal services
oversight committee. The joint legislative civil legal
services oversight committee is established.
(1) The committee’s members are one member from
each of the minority and majority caucuses of the house of
representatives, who are appointed by the speaker of the
house of representatives, and one member from each of the
minority and majority caucuses of the senate, who are
appointed by the president of the senate.
(2)(a) The committee shall oversee the provision of civil
legal services funded through RCW 43.08.260 and shall act
as a forum for discussion of issues related to state-funded
civil legal services.
(b) By December 1, 1997, and by December 1st of each
year thereafter, the committee must report to the appropriate
standing policy and fiscal committees of the legislature on
the provision of legal services under RCW 43.08.260.
(2002 Ed.)
43.08.260
(3) The committee chairman is selected by the members
and shall serve a one-year term. The chairman position
rotates between the house and senate members and the
political parties.
(4) The committee shall meet at least four times during
each fiscal year. The committee shall accept public testimony at a minimum of two of these meetings. [1997 c 319 §
3.]
Intent—1997 c 319: See note following RCW 43.08.260.
43.08.280 Statewide custody contract for local
governments and institutions of higher education. (1)
The state treasurer is authorized to negotiate a statewide
custody contract for custody services for local governments
and institutions of higher education. The term of the
contract shall be for a minimum of four years.
(2) The state treasurer shall, as soon as is practical after
negotiations have been successfully completed, notify local
governments and institutions of higher education that a
statewide custody contract has been negotiated.
(3) Following such notification, each local government
or institution of higher education may, at its option, become
a signatory to the statewide contract. Each local government
or institution of higher education may only become a
signatory to the contract by having its authorized local
government official or financial officer and the statewide
custodian execute the statewide contract. The contract is
between the statewide custodian and the respective local
government or institution of higher education. It is the responsibility of the local government official or financial
officer to fully understand the terms and conditions of the
statewide custody contract prior to its execution, and to
ensure those terms and conditions are observed by the statewide custodian during the term of the contract.
(4) The state treasurer may adopt rules to implement
this section, including, but not limited to, those rules deemed
necessary to provide for an orderly transition in the event of
a different statewide custodian in a new statewide custody
contract.
(5) Any statewide custodian who becomes a signatory
to the statewide custody contract may be exempted from the
requirements of chapter 39.58 RCW for the purposes of this
section, based on rules adopted by the public deposit protection commission.
(6) For the purposes of this section:
(a) "Financial institution" means a bank or trust company chartered and supervised under state or federal law;
(b) "Local government" means any county, city, town,
special purpose district, political subdivision, municipal
corporation, or quasi-municipal corporation, including any
public corporation created by such an entity, which legally
possesses and exercises investment authority;
(c) "Statewide custody contract" means a contract
negotiated between the state treasurer and a financial
institution that establishes terms and fees for custody
services which are optional to any local government for the
term of the contract;
(d) "Statewide custodian" means the financial institution
with whom the state treasurer has negotiated a statewide
custody contract;
[Title 43 RCW—page 47]
43.08.280
Title 43 RCW: State Government—Executive
(e) "Custody services" means services performed by a
financial institution such as the settlement, safekeeping,
valuation, and market-value reporting of negotiable instruments owned by the local government;
(f) "Local government official" means any officer or
employee of a local government who has been designated by
statute or local charter, ordinance, or resolution as the officer
having the authority to invest the funds of the local government. However, the county treasurer is the only local
government official for all political subdivisions for which
the county treasurer has statutory or contractual authority to
invest the funds thereof;
(g) "Financial officer" means the board-appointed
treasurer of a college, university, community or technical
college district, or the state board for community and technical colleges. [1999 c 293 § 2.]
43.09.260
Purpose—1999 c 293: "Local governments enter into separate,
individual contracts with banks for custody services. The rate and terms
which each local government obtains from a given bank sometimes varies
widely depending upon the size of the local government’s portfolio, and
thus fails to provide all of the state’s taxpayers with the most advantageous
rates and terms for such custody services. The purpose of this act is to
enable local governments and institutions of higher education, through a
statewide custody contract, to collectively obtain the most advantageous rate
and terms from a single financial institution for custodial banking services.
Under such a statewide custody contract, smaller local governments may
receive a higher level of service, while paying lower fees than they might
have individually obtained." [1999 c 293 § 1.]
Effective date—1999 c 293: "This act takes effect September 1,
1999." [1999 c 293 § 4.]
43.09.2855
Chapter 43.09
STATE AUDITOR
Sections
GENERALLY
43.09.010
43.09.020
43.09.025
43.09.035
43.09.045
43.09.050
43.09.055
43.09.065
43.09.165
43.09.170
43.09.180
43.09.185
Residence—Office—Bond—Oath.
Auditor of public accounts.
Deputy auditors—Assistant directors.
Assistants—Personnel.
Contracts with certified public accountants.
General duties of auditor.
Audit of entities with state contracts or grants—Costs.
Audit of entities with state contracts or grants—Report regarding criminal misuse of public moneys.
Subpoenas—Compulsory process—Witnesses—Oaths—
Testimony—Penalty.
May administer oaths.
Seal—Copies of documents as evidence.
Loss of public funds—Illegal activity—Report to state
auditor’s office.
LOCAL GOVERNMENT ACCOUNTING
43.09.200
43.09.205
43.09.210
43.09.220
43.09.230
43.09.240
43.09.245
Local government accounting—Uniform system of accounting.
Local government accounting—Costs of public works—
Standard form.
Local government accounting—Separate accounts for each
fund or activity—Exemption for agency surplus personal
property.
Local government accounting—Separate accounts for public
service industries.
Local government accounting—Annual reports—
Comparative statistics.
Local government accounting—Public officers and employees—Duty to account and report—Removal from office—Deposit of collections.
Local government accounting—Examination of financial
affairs.
[Title 43 RCW—page 48]
43.09.265
43.09.270
43.09.280
43.09.2801
43.09.281
43.09.282
43.09.285
43.09.2851
43.09.2853
Local government accounting—Examination of local governments—Reports—Action by attorney general.
Local government accounting—Review of tax levies of local
governments.
Local government accounting—Expense of audit, what constitutes.
Local government accounting—Expense of examination.
Local government accounting—Expense of audit—
Additional charge.
Appeal procedure to be adopted—Inclusion of number and
disposition of appeals in annual report.
Local government accounting—Municipal revolving account—Records of auditing costs.
Joint operations by municipal corporations or political subdivisions—Deposit and control of funds.
Repayment of amounts charged to another fund within same
political subdivision to be credited to original fund or
appropriation—Expenditure.
Municipal corporations authorized to establish line of credit
for payment of warrants—Interest.
Local governments—Use of credit cards.
AGENCY AUDITS
43.09.290
43.09.310
Post-audit of state agencies—Definitions.
Audit of statewide combined financial statements—Postaudits of state agencies—Periodic audits—Reports—
Filing.
43.09.330 Audit disclosing malfeasance or nonfeasance—Action by
attorney general.
43.09.340 Post-audit of books of state auditor.
43.09.410 Auditing services revolving account—Created—Purpose.
43.09.412 Auditing services revolving account—Transfers and payments into account—Allotments to state auditor.
43.09.414 Auditing services revolving account—Disbursements.
43.09.416 Auditing services revolving account—Allocation of costs to
funds, accounts, and agencies—Billing rate.
43.09.418 Auditing services revolving account—Direct payments from
state agencies.
43.09.420 Audit of revolving, local, and other funds and accounts.
Attorney general, report of irregularities to: RCW 43.88.160.
Audits
agricultural marketing agreements and orders: RCW 15.65.490.
apple commission: RCW 15.24.070.
beef commission: RCW 16.67.090.
budget and accounting act, post-audit duties: RCW 43.88.160.
commodity commissions: RCW 15.66.140.
community economic revitalization board: RCW 43.160.090.
gambling commission: RCW 9.46.060.
hardwoods commission: RCW 15.74.040.
honey bee commission: RCW 15.62.040.
housing finance commission: RCW 43.180.050.
irrigation district records: RCW 87.68.100.
liquor control board: RCW 66.08.024.
lottery: RCW 67.70.290.
migratory waterfowl art committee: RCW 77.12.690.
port districts: RCW 53.36.150.
public works projects: RCW 43.155.080.
social and health services, department of: RCW 74.04.270.
state association of elected county officials: RCW 36.47.060.
state fruit commission: RCW 15.28.110.
Washington public port association: RCW 53.06.060.
wine commission: RCW 15.88.070.
Cities and towns
budget forms, preparation of: RCW 35.33.111.
involuntary dissolution of, petition by: RCW 35.07.230.
self-insurance, state audit: RCW 48.62.031.
street expenditures, accounting and reporting system: RCW 35.76.020.
supervision of budgets: RCW 35.33.111.
City streets as part of state highway system certified to: RCW 47.24.010.
Commodity commission’s annual report to: RCW 15.66.140.
Constitutional duties: State Constitution Art. 3 § 20.
Cost bills in felony cases, audit of, duties: RCW 10.46.230.
County auditors, ex officio deputy state auditor: RCW 36.22.140.
(2002 Ed.)
State Auditor
County budgets, rules, classifications, and forms: RCW 36.40.220.
Disbursement of public funds, duties transferred to treasurer: RCW
43.88.210.
Educational service district superintendents, employees—Traveling expenses
and subsistence—Auditor’s duties: RCW 28A.310.320.
Eminent domain by state
immediate possession proceedings: RCW 8.04.090.
payment of damages and costs to court: RCW 8.04.160.
Highway construction bonds and warrants, auditor to sign: Chapter 47.10
RCW.
Highway funds generally, auditor’s powers and duties: Chapter 47.08
RCW.
Impeachment, liability to: State Constitution Art. 5 § 2.
Industrial insurance, funds, disbursement: RCW 51.44.110.
Justice and inferior courts act of 1961, financial records prescribed by:
RCW 3.30.070.
Legislature
information furnished to: RCW 43.88.160.
reports to of post-audit and financial affairs: RCW 43.88.160.
Oath of office: RCW 43.01.020.
Port districts, toll facilities, bonds and notes: RCW 53.34.140.
Post-audit duties: RCW 43.88.160.
Public assistance accounting duties: RCW 74.04.270.
Public blanks used in counties, prescribed by: RCW 36.72.080.
Puget Sound ferry and toll bridge system, auditor’s powers and duties
relating to: Chapter 47.60 RCW.
Purchase of bridges or ferries by department of transportation, auditor’s
powers and duties relating to: RCW 47.56.050.
Records committee, to appoint a member of: RCW 40.14.050.
Residence requirement: State Constitution Art. 3 § 24.
Salary, amount of: State Constitution Art. 3 § 20, Art. 28 § 1; RCW
43.03.010.
Steam electric generating plants bond issues, duties as to: RCW
43.21A.630.
Studies and adoption of classifications for school district budgets—
Publication: RCW 28A.300.060.
Succession: State Constitution Art. 3 § 10.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Toll bridges
bonds, auditor to sign: RCW 47.56.140.
improvement of existing bridge and construction of new bridge as single
project, auditor’s powers and duties relating to: Chapter 47.58 RCW.
Tort claims against state, filing with: RCW 4.92.100.
Vehicle safety equipment commission, inspection of accounts: RCW
46.38.080.
Volunteer fire fighters, forms for administration of fund provided to: RCW
41.24.070.
Warrants
administrator for the courts: RCW 2.56.090.
disbursement of public moneys, duties transferred: RCW 43.88.210.
GENERALLY
43.09.010 Residence—Office—Bond—Oath. The
state auditor shall reside and keep his or her office at the
seat of government. Before entering upon his or her duties
he or she shall execute and deliver to the secretary of state
a bond to the state in the sum of fifty thousand dollars, to be
approved by the governor, conditioned for the faithful
performance of all duties required by law. He or she shall
take an oath of office before any person authorized to
administer oaths, and file a copy thereof, together with the
required bond, in the office of the secretary of state. [1995
c 301 § 1; 1965 c 8 § 43.09.010. Prior: 1890 p 634 § 1;
(2002 Ed.)
Chapter 43.09
RRS § 10996; prior: Code 1881 § 2566; 1871 p 96 § 1;
1854 p 409 § 2.]
43.09.020 Auditor of public accounts. The auditor
shall be auditor of public accounts, and shall have such
powers and perform such duties in connection therewith as
may be prescribed by law. [1989 c 140 § 1; 1965 c 8 §
43.09.020. Prior: 1890 p 635 § 2; RRS § 10997; prior:
Code 1881 § 2567; 1871 p 97 § 4; 1854 p 409 § 3.]
Budget and accounting system, powers and duties: RCW 43.88.160.
Fiscal records open to public: RCW 43.88.200.
43.09.025 Deputy auditors—Assistant directors.
The state auditor may appoint deputies and assistant directors
as necessary to carry out the duties of the office of the state
auditor. These individuals serve at the pleasure of the state
auditor and are exempt from the provisions of chapter 41.06
RCW as stated in *RCW 41.06.070(1)(y). [1995 c 301 § 2.]
*Reviser’s note: RCW 41.06.070 was amended by 1995 c 163 § 1,
changing subsection (1)(y) to subsection (1)(x); and was subsequently
amended by 2002 c 354 § 209, changing subsection (1)(x) to subsection
(1)(w).
43.09.035 Assistants—Personnel. The state auditor
may appoint and employ other assistants and personnel
necessary to carry out the work of the office of the state
auditor. [1995 c 301 § 3.]
43.09.045 Contracts with certified public accountants. The state auditor may contract with public accountants certified in Washington to carry out those portions of
the duties of auditing state agencies and local governments
as the state auditor may determine. [1995 c 301 § 4.]
43.09.050 General duties of auditor. The auditor
shall:
(1) Except as otherwise specifically provided by law,
audit the accounts of all collectors of the revenue and other
holders of public money required by law to pay the same
into the treasury;
(2) In his or her discretion, inspect the books of any
person charged with the receipt, safekeeping, and disbursement of public moneys;
(3) Investigate improper governmental activity under
chapter 42.40 RCW;
(4) Inform the attorney general in writing of the
necessity for the attorney general to direct prosecutions in
the name of the state for all official delinquencies in relation
to the assessment, collection, and payment of the revenue,
against all persons who, by any means, become possessed of
public money or property, and fail to pay over or deliver the
same, and against all debtors of the state;
(5) Give information in writing to the legislature,
whenever required, upon any subject relating to the financial
affairs of the state, or touching any duties of his or her
office;
(6) Report to the director of financial management in
writing the names of all persons who have received any
moneys belonging to the state, and have not accounted
therefor;
[Title 43 RCW—page 49]
43.09.050
Title 43 RCW: State Government—Executive
(7) Authenticate with his or her official seal papers
issued from his or her office;
(8) Make his or her official report annually on or before
the 31st of December. [1992 c 118 § 6; 1979 c 151 § 91.
Prior: 1977 ex.s. c 144 § 7; 1977 c 75 § 40; 1971 ex.s. c
170 § 1; 1965 c 8 § 43.09.050; prior: 1890 p 636 § 5; RRS
§ 11001; prior: Code 1881 § 2570; 1854 p 410 § 5.]
Severability—1971 ex.s. c 170: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 170 § 5.]
Advances: Chapter 42.24 RCW.
Information to legislature: RCW 43.88.160.
Investigations of improper governmental actions—Protection of employee
disclosures: Chapter 42.40 RCW.
Post-audit duties: RCW 43.88.160.
Powers and duties, budget and accounting system: RCW 43.88.160.
Report of irregularities to attorney general: RCW 43.88.160.
Report to legislature: RCW 43.88.160.
43.09.055 Audit of entities with state contracts or
grants—Costs. The state auditor may, where there is
reasonable cause to believe that a misuse of state moneys
has occurred, conduct an audit of financial and legal compliance of any entity that receives public moneys through
contract or grant in return for services. This authority
includes examinations of not-for-profit corporations who
provide personal services to a state agency or to clients of a
state agency. Such a financial audit shall be performed in a
manner consistent with this chapter, and may be performed
according to an agreed upon procedures engagement as in
the existing 1998 standards of the American institute of
certified public accountants professional standards section
600.
The state auditor may charge the contracting agency,
whether state or local, for the costs of an audit of a not-forprofit corporation that receives public moneys through
contract or grant in return for services. Any contracting
agency that is responsible to the state auditor for such costs
shall use due diligence to recover costs from the audited
entity. [1998 c 232 § 3.]
Findings—Intent—1998 c 232: "The legislature finds that the state
auditor lacks the needed authority to investigate the finances of state
nongovernmental contractors. The legislature further finds that current
contract oversight and management procedures cannot ensure that services
under contract are delivered effectively and efficiently. Therefore, the
legislature intends to enhance the authority of the state auditor to audit
entities that provide services to the state or its clients under contract with
state agencies." [1998 c 232 § 1.]
43.09.065 Audit of entities with state contracts or
grants—Report regarding criminal misuse of public
moneys. If after a financial audit of an entity that receives
public moneys under contract or grant in return for services,
there is reasonable cause to believe that a criminal misuse of
public moneys has occurred, the office of the state auditor,
within thirty days from receipt of the report, shall deliver a
copy of the report to the appropriate local prosecuting
authority. [1998 c 232 § 4.]
Findings—Intent—1998 c 232: See note following RCW 43.09.055.
43.09.165 Subpoenas—Compulsory process—
Witnesses—Oaths—Testimony—Penalty. The state audi[Title 43 RCW—page 50]
tor, his or her employees and every person legally appointed
to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable or
sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated
time and place, and may administer oaths.
When any person summoned to appear and give
testimony neglects or refuses to do so, or neglects or refuses
to answer any question that may be put to him or her
touching any matter under examination, or to produce any
books or papers required, the person making such examination shall apply to a superior court judge of the proper
county to issue a subpoena for the appearance of such person
before him or her; and the judge shall order the issuance of
a subpoena for the appearance of such person forthwith
before him or her to give testimony; and if any person so
summoned fails to appear, or appearing, refuses to testify, or
to produce any books or papers required, he or she shall be
subject to like proceedings and penalties for contempt as
witnesses in the superior court. Willful false swearing in
any such examination shall be perjury and punishable as
such. [1995 c 301 § 5.]
43.09.170 May administer oaths. The state auditor
may administer all oaths required by law in matters pertaining to the duties of his or her office. [1995 c 301 § 6; 1965
c 8 § 43.09.170. Prior: 1890 p 641 § 23; RRS § 11017;
prior: Code 1881 § 2586.]
43.09.180 Seal—Copies of documents as evidence.
The state auditor shall keep a seal of office for the identification of all papers, writings, and documents required by law
to be certified by him or her, and copies authenticated and
certified of all papers and documents lawfully deposited in
his or her office shall be received in evidence with the same
effect as the originals. [1995 c 301 § 7; 1965 c 8 §
43.09.180. Prior: 1890 p 641 § 24; RRS § 11018; prior:
Code 1881 § 2587.]
43.09.185 Loss of public funds—Illegal activity—
Report to state auditor’s office. State agencies and local
governments shall immediately report to the state auditor’s
office known or suspected loss of public funds or assets or
other illegal activity. [1995 c 301 § 8.]
LOCAL GOVERNMENT ACCOUNTING
43.09.200 Local government accounting—Uniform
system of accounting. The state auditor shall formulate,
prescribe, and install a system of accounting and reporting
for all local governments, which shall be uniform for every
public institution, and every public office, and every public
account of the same class.
The system shall exhibit true accounts and detailed
statements of funds collected, received, and expended for
account of the public for any purpose whatever, and by all
public officers, employees, or other persons.
The accounts shall show the receipt, use, and disposition
of all public property, and the income, if any, derived
therefrom; all sources of public income, and the amounts due
and received from each source; all receipts, vouchers, and
(2002 Ed.)
State Auditor
other documents kept, or required to be kept, necessary to
isolate and prove the validity of every transaction; all
statements and reports made or required to be made, for the
internal administration of the office to which they pertain;
and all reports published or required to be published, for the
information of the people regarding any and all details of the
financial administration of public affairs. [1995 c 301 § 9;
1965 c 8 § 43.09.200. Prior: 1909 c 76 § 2; RRS § 9952.]
Electronic transfer of public funds to be in compliance with: RCW
39.58.750.
School districts budgets to be in compliance with: RCW 28A.505.120.
43.09.205 Local government accounting—Costs of
public works—Standard form. The state auditor shall
prescribe a standard form with which the accounts and
records of costs of all local governments shall be maintained
as required under RCW 39.04.070. [1995 c 301 § 10; 1987
c 120 § 4.]
43.09.210 Local government accounting—Separate
accounts for each fund or activity—Exemption for
agency surplus personal property. Separate accounts shall
be kept for every appropriation or fund of a taxing or
legislative body showing date and manner of each payment
made therefrom, the name, address, and vocation of each
person, organization, corporation, or association to whom
paid, and for what purpose paid.
Separate accounts shall be kept for each department,
public improvement, undertaking, institution, and public
service industry under the jurisdiction of every taxing body.
All service rendered by, or property transferred from,
one department, public improvement, undertaking, institution,
or public service industry to another, shall be paid for at its
true and full value by the department, public improvement,
undertaking, institution, or public service industry receiving
the same, and no department, public improvement, undertaking, institution, or public service industry shall benefit in any
financial manner whatever by an appropriation or fund made
for the support of another.
All unexpended balances of appropriations shall be
transferred to the fund from which appropriated, whenever
the account with an appropriation is closed.
This section does not apply to agency surplus personal
property handled under RCW 43.19.1919(5). [2000 c 183 §
2; 1965 c 8 § 43.09.210. Prior: 1909 c 76 § 3; RRS §
9953.]
43.09.220 Local government accounting—Separate
accounts for public service industries. Separate accounts
shall be kept for every public service industry of every local
government, which shall show the true and entire cost of the
ownership and operation thereof, the amount collected
annually by general or special taxation for service rendered
to the public, and the amount and character of the service
rendered therefor, and the amount collected annually from
private users for service rendered to them, and the amount
and character of the service rendered therefor. [1995 c 301
§ 11; 1965 c 8 § 43.09.220. Prior: 1909 c 76 § 4; RRS §
9954.]
(2002 Ed.)
43.09.200
43.09.230 Local government accounting—Annual
reports—Comparative statistics. The state auditor shall
require from every local government financial reports
covering the full period of each fiscal year, in accordance
with the forms and methods prescribed by the state auditor,
which shall be uniform for all accounts of the same class.
Such reports shall be prepared, certified, and filed with
the state auditor within one hundred fifty days after the close
of each fiscal year.
The reports shall contain accurate statements, in summarized form, of all collections made, or receipts received, by
the officers from all sources; all accounts due the public
treasury, but not collected; and all expenditures for every
purpose, and by what authority authorized; and also: (1) A
statement of all costs of ownership and operation, and of all
income, of each and every public service industry owned and
operated by a local government; (2) a statement of the entire
public debt of every local government, to which power has
been delegated by the state to create a public debt, showing
the purpose for which each item of the debt was created, and
the provisions made for the payment thereof; (3) a classified
statement of all receipts and expenditures by any public
institution; and (4) a statement of all expenditures for labor
relations consultants, with the identification of each consultant, compensation, and the terms and conditions of each
agreement or arrangement; together with such other information as may be required by the state auditor.
The reports shall be certified as to their correctness by
the state auditor, the state auditor’s deputies, or other person
legally authorized to make such certification.
Their substance shall be published in an annual volume
of comparative statistics at the expense of the state as a
public document. [1995 c 301 § 12; 1993 c 18 § 2; 1989 c
168 § 1; 1977 c 75 § 41; 1965 c 8 § 43.09.230. Prior:
1909 c 76 § 5; RRS § 9955.]
Finding—Purpose—1993 c 18: "The legislature finds and declares
that the use of outside consultants is an increasing element in public sector
labor relations. The public has a right to be kept informed about the role
of outside consultants in public sector labor relations. The purpose of this
act is to help ensure that public information is available." [1993 c 18 § 1.]
43.09.240 Local government accounting—Public
officers and employees—Duty to account and report—
Removal from office—Deposit of collections. Every public
officer and employee of a local government shall keep all
accounts of his or her office in the form prescribed and
make all reports required by the state auditor. Any public
officer or employee who refuses or willfully neglects to
perform such duties shall be subject to removal from office
in an appropriate proceeding for that purpose brought by the
attorney general or by any prosecuting attorney.
Every public officer and employee, whose duty it is to
collect or receive payments due or for the use of the public
shall deposit such moneys collected or received by him or
her with the treasurer of the local government once every
twenty-four consecutive hours. The treasurer may in his or
her discretion grant an exception where such daily transfers
would not be administratively practical or feasible as long as
the treasurer has received a written request from the department, district, or agency, and where the department, district,
or agency certifies that the money is held with proper
safekeeping and that the entity carries out proper theft
[Title 43 RCW—page 51]
43.09.240
Title 43 RCW: State Government—Executive
protection to reduce risk of loss of funds. Exceptions
granted by the treasurer shall state the frequency with which
deposits are required as long as no exception exceeds a time
period greater than one deposit per week.
In case a public officer or employee collects or receives
funds for the account of a local government of which he or
she is an officer or employee, the treasurer shall, by Friday
of each week, pay to the proper officer of the local government for the account of which the collection was made or
payment received, the full amount collected or received
during the current week for the account of the district.
[2002 c 168 § 3; 1995 c 301 § 13; 1991 c 245 § 13; 1965 c
8 § 43.09.240. Prior: 1963 c 209 § 2; 1911 c 30 § 1; 1909
c 76 § 6; RRS § 9956; prior: 1890 p 638 § 11; Code 1881
§ 2577; 1854 p 411 § 7.]
43.09.245 Local government accounting—
Examination of financial affairs. The state auditor has the
power to examine all the financial affairs of every local
government and its officers and employees. [1995 c 301 §
14.]
43.09.260 Local government accounting—
Examination of local governments—Reports—Action by
attorney general. The examination of the financial affairs
of all local governments shall be made at such reasonable,
periodic intervals as the state auditor shall determine.
However, an examination of the financial affairs of all local
governments shall be made at least once in every three
years, and an examination of individual local government
health and welfare benefit plans and local government selfinsurance programs shall be made at least once every two
years. The term local governments for purposes of this
chapter includes but is not limited to all counties, cities, and
other political subdivisions, municipal corporations, and
quasi-municipal corporations, however denominated.
The state auditor shall establish a schedule to govern the
auditing of local governments which shall include: A
designation of the various classifications of local governments; a designation of the frequency for auditing each type
of local government; and a description of events which cause
a more frequent audit to be conducted.
On every such examination, inquiry shall be made as to
the financial condition and resources of the local government; whether the Constitution and laws of the state, the
ordinances and orders of the local government, and the requirements of the state auditor have been properly complied
with; and into the methods and accuracy of the accounts and
reports.
A report of such examination shall be made and filed in
the office of state auditor, and one copy shall be transmitted
to the local government. A copy of any report containing
findings of noncompliance with state law shall be transmitted
to the attorney general. If any such report discloses malfeasance, misfeasance, or nonfeasance in office on the part of
any public officer or employee, within thirty days from the
receipt of his or her copy of the report, the attorney general
shall institute, in the proper county, such legal action as is
proper in the premises by civil process and prosecute the
same to final determination to carry into effect the findings
of the examination.
[Title 43 RCW—page 52]
It shall be unlawful for any local government or the
responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or
for any court to enter upon any compromise or settlement of
such action, without the written approval and consent of the
attorney general and the state auditor. [1995 c 301 § 15;
1991 sp.s. c 30 § 26; 1979 c 71 § 1; 1965 c 8 § 43.09.260.
Prior: 1909 c 76 § 8; RRS § 9958.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
School district budgeting violations not to affect duties of attorney general
under RCW 43.09.260: RCW 28A.505.150.
43.09.265 Local government accounting—Review of
tax levies of local governments. The state auditor shall
review the tax levies of all local governments in the regular
examinations under RCW 43.09.260. [1995 c 301 § 16;
1979 ex.s. c 218 § 7.]
43.09.270 Local government accounting—Expense
of audit, what constitutes. The expense of auditing local
governments and those expenses directly related to prescribing accounting systems, training, maintenance of
working capital including reserves for late and uncollectible
accounts and necessary adjustments to billings, and field
audit supervision, shall be considered expenses of auditing
public accounts within the meaning of RCW 43.09.280 and
43.09.282, and shall be prorated for that purpose equally
among all entities directly affected by such service. [1995
c 301 § 17; 1993 c 315 § 1; 1991 sp.s. c 16 § 920; 1982 c
206 § 1; 1965 c 8 § 43.09.270. Prior: 1963 c 209 § 4;
1911 c 30 § 1; 1909 c 76 § 10; RRS § 9960.]
Effective date—1993 c 315: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 315 § 2.]
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
43.09.280 Local government accounting—Expense
of examination. The expense of auditing public accounts
shall be borne by each entity subject to such audit for the
auditing of all accounts under its jurisdiction and the state
auditor shall certify the expense of such audit to the fiscal or
warrant-issuing officer of such entity, who shall immediately
make payment to the state auditor. If the expense as
certified is not paid by any local government within thirty
days from the date of certification, the state auditor may
certify the expense to the auditor of the county in which the
local government is situated, who shall promptly issue his or
her warrant on the county treasurer payable out of the
current expense fund of the county, which fund, except as to
auditing the financial affairs and making inspection and
examination of the county, shall be reimbursed by the county
auditor or chief financial officer out of the money due the
local government at the next monthly settlement of the
collection of taxes and shall be transferred to the current
expense fund. [1995 c 301 § 18; 1979 c 71 § 2; 1965 c 8
§ 43.09.280. Prior: 1963 c 209 § 5; 1911 c 30 § 1; 1909 c
76 § 11; RRS § 9961.]
(2002 Ed.)
State Auditor
43.09.2801 Local government accounting—Expense
of audit—Additional charge. (1) From July 1, 1992, to
June 30, 1995, the state auditor shall charge an entity subject
to an audit an additional ten cents per hour billed under
RCW 43.09.270 and 43.09.280, to be deposited in the local
government administrative hearings account.
(2) After June 30, 1995, the state auditor shall base the
amount to be collected and deposited into the local government administrative hearings account on the funds remaining
in the account on June 30, 1995, and the anticipated caseload
for the future.
(3) The state auditor may exempt a local government
that certifies that it is in compliance with RCW 42.41.050
from a charge added under subsection (1) or (2) of this
section. [1995 c 301 § 19; 1992 c 44 § 11.]
Effective dates—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
Local government administrative hearings account: RCW 42.41.060.
43.09.281 Appeal procedure to be adopted—
Inclusion of number and disposition of appeals in annual
report. The state auditor shall adopt appropriate rules
pursuant to chapter 34.05 RCW, the administrative procedure
act, to provide a procedure whereby a *taxing district may
appeal charges levied under RCW 43.09.280. Such procedure shall provide for an administrative review process and
an external review process which shall be advisory to the
state auditor’s office. The number of appeals and their
disposition shall be included in the auditor’s annual report.
[1982 c 206 § 3.]
*Reviser’s note: "Taxing district" was redesignated "local government" by 1995 c 301 § 18.
43.09.282 Local government accounting—Municipal
revolving account—Records of auditing costs. For the
purposes of centralized funding, accounting, and distribution
of the costs of the audits performed on local governments by
the state auditor, there is hereby created an account entitled
the municipal revolving account. The state treasurer shall be
custodian of the account. All moneys received by the state
auditor or by any officer or employee thereof shall be
deposited with the state treasurer and credited to the municipal revolving account. Only the state auditor or the
auditor’s designee may authorize expenditures from the
account. No appropriation is required for expenditures. The
state auditor shall keep such records as are necessary to
detail the auditing costs attributable to the various types of
local governments. [1995 c 301 § 20; 1982 c 206 § 2; 1965
c 8 § 43.09.282. Prior: 1963 c 209 § 6.]
Effective date—1982 c 206 § 2: "Section 2 of this act shall take
effect on July 1, 1983." [1982 c 206 § 4.]
43.09.285 Joint operations by municipal corporations or political subdivisions—Deposit and control of
funds. Whenever by law, two or more municipal corporations or political subdivisions of the state are permitted by
law to engage in a joint operation, the funds of such joint
operation shall be deposited in the public treasury of the
municipal corporation or political subdivision embracing the
largest population or the public treasury of any other as so
agreed upon by the parties; and such deposit shall be subject
(2002 Ed.)
43.09.2801
to the same audit and fiscal controls as the public treasury
where the funds are so deposited: PROVIDED, That whenever the laws applicable to any particular joint operation
specifically state a contrary rule for deposits, the specific
rule shall apply in lieu of the provisions of this section:
PROVIDED, FURTHER, That nothing contained herein shall
be construed as limiting the power or authority of the
disbursing officer of such joint operation from making
disbursements in accordance with the provisions of any
contract or agreement entered into between the parties to the
joint operation. [1967 c 41 § 1.]
43.09.2851 Repayment of amounts charged to
another fund within same political subdivision to be
credited to original fund or appropriation—Expenditure.
Except as otherwise provided by law, amounts charged by a
county, city, or other municipal or quasi municipal corporation for providing services or furnishing materials to or for
another fund within the same county, city, or other municipal
or quasi municipal corporation pursuant to RCW 43.09.210
or other law shall be repaid and credited to the fund or
appropriation against which the expenditure originally was
charged. Amounts representing a return of expenditures
from an appropriation shall be considered as returned loans
of services or goods, supplies, or other materials furnished
and may be expended as part of the original appropriation to
which they belong, without further or additional appropriation.
Except as otherwise provided by law, this section shall
not apply to the furnishing of materials or services by one
fund to another when other funds have been provided
specifically for that purpose pursuant to law. [1981 c 39 §
1. Formerly RCW 39.58.160.]
43.09.2853 Municipal corporations authorized to
establish line of credit for payment of warrants—
Interest. Any municipal corporation is authorized to establish a line of credit with any *qualified public depositary to
be drawn upon for cashing its warrants, to delegate to a
fiscal officer authority to determine the amount of credit
extended, and to pay interest and other finance or service
charges. The interest rate may be a fixed rate set periodically or a fluctuating rate determined by agreement of the
parties. If any warrant of a municipal corporation is
presented and not paid for lack of funds, the interest rate set
on unpaid warrants shall apply. Nothing in this section
affects the priority for payment of warrants established by
law. [1981 c 156 § 37. Formerly RCW 39.58.170.]
*Reviser’s note: The term "qualified public depositary" was
redefined as "public depositary" by 1996 c 256 § 1.
43.09.2855 Local governments—Use of credit cards.
(1) Local governments, including counties, cities, towns,
special purpose districts, municipal and quasi-municipal
corporations, and political subdivisions, are authorized to use
credit cards for official government purchases and acquisitions.
(2) A local government may contract for issuance of the
credit cards.
(3) The legislative body shall adopt a system for:
(a) The distribution of the credit cards;
[Title 43 RCW—page 53]
43.09.2855
Title 43 RCW: State Government—Executive
(b) The authorization and control of the use of credit
card funds;
(c) The credit limits available on the credit cards;
(d) Payment of the bills; and
(e) Any other rule necessary to implement or administer
the system under this section.
(4) As used in this section, "credit card" means a card
or device issued under an arrangement pursuant to which the
issuer gives to a card holder the privilege of obtaining credit
from the issuer.
(5) Any credit card system adopted under this section is
subject to examination by the state auditor’s office pursuant
to chapter 43.09 RCW.
(6) Cash advances on credit cards are prohibited. [1995
c 30 § 2. Formerly RCW 39.58.180.]
Findings—1995 c 30: "The legislature finds that (1) the use of credit
cards is a customary and economical business practice to improve cash
management, reduce costs, and increase efficiency; and (2) local governments should consider and use credit cards when appropriate." [1995 c 30
§ 1.]
AGENCY AUDITS
43.09.290 Post-audit of state agencies—Definitions.
For the purposes of RCW 43.09.290 through 43.09.340 and
43.09.410 through 43.09.418, post-audit means an audit of
the books, records, funds, accounts, and financial transactions of a state agency for a complete fiscal period; pre-audit
means all other audits and examinations; state agency means
elective officers and offices, and every other office, officer,
department, board, council, committee, commission, or
authority of the state government now existing or hereafter
created, supported, wholly or in part, by appropriations from
the state treasury or funds under its control, or by the levy,
assessment, collection, or receipt of fines, penalties, fees,
licenses, sales of commodities, service charges, rentals,
grants-in-aid, or other income provided by law, and all state
educational, penal, reformatory, charitable, eleemosynary, or
other institutions, supported, wholly or in part, by appropriations from the state treasury or funds under its control.
[1995 c 301 § 21; 1981 c 336 § 6; 1965 c 8 § 43.09.290.
Prior: 1941 c 196 § 1; Rem. Supp. 1941 § 11018-1.]
Effective date—1981 c 336: See note following RCW 43.09.410.
Petty cash: RCW 42.26.080.
Post-audit duties, budget and accounting system: RCW 43.88.160.
43.09.310 Audit of statewide combined financial
statements—Post-audits of state agencies—Periodic
audits—Reports—Filing. The state auditor shall annually
audit the statewide combined financial statements prepared
by the office of financial management and make post-audits
of state agencies. Post-audits of state agencies shall be made
at such periodic intervals as is determined by the state
auditor. Audits of combined financial statements shall
include determinations as to the validity and accuracy of
accounting methods, procedures and standards utilized in
their preparation, as well as the accuracy of the financial
statements themselves. A report shall be made of each such
audit and post-audit upon completion thereof, and one copy
shall be transmitted to the governor, one to the director of
financial management, one to the state agency audited, one
to the joint legislative audit and review committee, one each
[Title 43 RCW—page 54]
to the standing committees on ways and means of the house
and senate, one to the chief clerk of the house, one to the
secretary of the senate, and at least one shall be kept on file
in the office of the state auditor. A copy of any report
containing findings of noncompliance with state law shall be
transmitted to the attorney general. [1996 c 288 § 35; 1995
c 301 § 22; 1981 c 217 § 1; 1979 c 151 § 92; 1975-’76 2nd
ex.s. c 17 § 1. Prior: 1975 1st ex.s. c 293 § 1; 1975 1st
ex.s. c 193 § 1; 1971 ex.s. c 170 § 2; 1965 c 8 § 43.09.310;
prior: 1947 c 114 § 1; 1941 c 196 § 3; Rem. Supp. 1947 §
11018-3.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Severability—1971 ex.s. c 170: See note following RCW 43.09.050.
Reports of post-audits: RCW 43.88.160.
43.09.330 Audit disclosing malfeasance or nonfeasance—Action by attorney general. If any audit of a state
agency discloses malfeasance, misfeasance, or nonfeasance
in office on the part of any public officer or employee,
within thirty days from the receipt of his or her copy of the
report, the attorney general shall institute and prosecute in
the proper county, appropriate legal action to carry into
effect the findings of such post-audit. It shall be unlawful
for any state agency or the responsible head thereof, to make
a settlement or compromise of any claim arising out of such
malfeasance, misfeasance, or nonfeasance, or any action
commenced therefor, or for any court to enter upon any
compromise or settlement of such action without the written
approval and consent of the attorney general and the state
auditor. [1995 c 301 § 23; 1965 c 8 § 43.09.330. Prior:
1941 c 196 § 5; Rem. Supp. 1941 § 11018-5.]
43.09.340 Post-audit of books of state auditor. The
governor shall, at least every two years, provide for a postaudit of the books, accounts, and records of the state auditor,
and the funds under his or her control, to be made either by
independent qualified public accountants or the director of
financial management, as he or she may determine. The
expense of making such audit shall be paid from appropriations made therefor from the general fund. [1995 c 301 §
24; 1979 c 151 § 93; 1965 c 8 § 43.09.340. Prior: 1947 c
114 § 2; 1941 c 196 § 6; Rem. Supp. 1947 § 11018-6.]
43.09.410 Auditing services revolving account—
Created—Purpose. An auditing services revolving account
is hereby created in the state treasury for the purpose of a
centralized funding, accounting, and distribution of the actual
costs of the audits provided to state agencies by the state
auditor and audits of the state employee whistleblower
program under RCW 42.40.110. [1999 c 361 § 9; 1995 c
301 § 25; 1981 c 336 § 1.]
Effective date—1981 c 336: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1981." [1981 c 336 § 8.]
43.09.412 Auditing services revolving account—
Transfers and payments into account—Allotments to
state auditor. The amounts to be disbursed from the
auditing services revolving account shall be paid from funds
(2002 Ed.)
State Auditor
appropriated to any and all state agencies for auditing
services or administrative expenses. State agencies operating
in whole or in part from nonappropriated funds shall pay
into the auditing services revolving account such funds as
will fully reimburse funds appropriated to the state auditor
for auditing services provided.
The director of financial management shall allot all such
funds to the state auditor for the operation of his or her
office, pursuant to appropriation, in the same manner as
appropriated funds are allocated to other state agencies
headed by elected officers under chapter 43.88 RCW. [1995
c 301 § 26; 1987 c 165 § 1; 1981 c 336 § 2.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.414 Auditing services revolving account—
Disbursements. Disbursements from the auditing services
revolving account shall be made pursuant to vouchers
executed by the state auditor or his or her designee in
accordance with RCW 43.09.412. [1995 c 301 § 27; 1981
c 336 § 3.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.416 Auditing services revolving account—
Allocation of costs to funds, accounts, and agencies—
Billing rate. The state auditor shall keep such records as
are necessary to facilitate proper allocation of costs to funds
and accounts and state agencies served and the director of
financial management shall prescribe appropriate accounting
procedures to accurately allocate costs to funds and accounts
and state agencies served. The billing rate shall be established based on costs incurred in the prior biennium and
anticipated costs in the new biennium. Those expenses
related to training, maintenance of working capital including
reserves for late and uncollectible accounts, and necessary
adjustments to billings, shall be considered as expenses of
auditing public accounts. Working capital shall not exceed
five percent of the auditing services revolving account
appropriation. [1995 c 301 § 28; 1987 c 165 § 2; 1981 c
336 § 4.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.418 Auditing services revolving account—
Direct payments from state agencies. In cases where there
are unanticipated demands for auditing services or where
there are insufficient funds on hand or available for payment
through the auditing services revolving account or in other
cases of necessity, the state auditor may request payment for
auditing services directly from state agencies for whom the
services are performed to the extent that revenues or other
funds are available. Upon approval by the director of financial management the state agency shall make the requested
payment. The payment may be made on either an advance
or reimbursable basis as approved by the director of financial
management. [1995 c 301 § 29; 1981 c 336 § 5.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.420 Audit of revolving, local, and other funds
and accounts. As part of the routine audits of state agencies, the state auditor shall audit all revolving funds, local
funds, and other state funds and state accounts that are not
managed by or in the care of the state treasurer and that are
(2002 Ed.)
43.09.412
under the control of state agencies, including but not limited
to state departments, boards, and commissions. In conducting the audits of these funds and accounts, the auditor shall
examine revenues and expenditures or assets and liabilities,
accounting methods and procedures, and recordkeeping practices. In addition to including the results of these examinations as part of the routine audits of the agencies, the auditor
shall report to the legislature on the status of all such funds
and accounts that have been examined during the preceding
biennium and any recommendations for their improved
financial management. Such a report shall be filed with the
legislature within five months of the end of each biennium
regarding the funds and accounts audited during the biennium. The first such report shall be filed by December 1,
1993, regarding any such funds and accounts audited during
the 1991-93 biennium. [1993 c 216 § 1.]
Chapter 43.10
ATTORNEY GENERAL
Sections
43.10.010
43.10.020
43.10.030
43.10.035
43.10.040
43.10.045
43.10.050
43.10.060
43.10.065
43.10.067
43.10.070
43.10.080
43.10.090
43.10.095
43.10.097
43.10.101
43.10.110
43.10.115
43.10.120
43.10.125
43.10.130
43.10.150
43.10.160
43.10.170
43.10.180
43.10.190
43.10.200
43.10.210
43.10.215
43.10.220
43.10.230
43.10.232
43.10.234
43.10.240
43.10.250
Qualifications—Oath—Bond.
Additional bond—Penalty for failure to furnish.
General powers and duties.
Prosecutions for official delinquencies in the assessment,
collection and payment of revenue; failure to pay over
or deliver public money or property; and against all
debtors of the state.
Representation of boards, commissions and agencies.
Retention of counsel by legislature—Notice—Representation
in absence of notice.
Authority to execute appeal and other bonds.
Appointment and authority of assistants.
Employment of attorneys and employees to transact state’s
legal business.
Employment of attorneys by others restricted.
Compensation of assistants, attorneys and employees.
Employment of experts, technicians.
Criminal investigations—Supervision.
Homicide investigative tracking system—Supervision management and recidivist tracking (SMART) system.
Homicide investigative tracking system—Purpose limited.
Report to legislative transportation committee—Tort claims.
Other powers and duties.
Private practice of law—Attorney general—Prohibited.
Private practice of law—Deputies and assistants—
Prohibited.
Private practice of law—Special assistant attorney generals.
Private practice of law—Exceptions.
Legal services revolving fund—Created—Purpose.
Legal services revolving fund—Transfers and payments into
fund—Allotments to attorney general.
Legal services revolving fund—Disbursements.
Legal services revolving fund—Allocation of costs to funds
and agencies—Accounting—Billing.
Legal services revolving fund—Direct payments from agencies.
Legal services revolving fund—Recovered court costs, fees
and expenses—Deposit in fund—Expenditure.
Antitrust revolving fund—Legislative finding and purpose.
Antitrust revolving fund—Created—Contents.
Antitrust revolving fund—Expenditures.
Purpose.
Concurrent authority to investigate crimes and initiate and
conduct prosecutions—Payment of costs.
Determination of prosecuting authority if defendant charged
by attorney general and prosecuting attorney.
Investigative and criminal prosecution activity—Annual
report—Security protection.
Appellate review of criminal case.
[Title 43 RCW—page 55]
Chapter 43.10
Title 43 RCW: State Government—Executive
43.10.260 Criminal profiteering—Assistance to local officials.
43.10.270 Criminal profiteering—Asset recovery.
Acquisition of access to timber and valuable materials on state lands,
eminent domain proceedings brought by: RCW 76.16.020.
Actions against regents, trustees, etc., of institutions of higher education or
educational boards, attorney general to defend: RCW 28B.10.842.
Actions against state
duties: State Constitution Art. 3 § 21.
counsel for state: RCW 4.92.030.
governor may direct attorney general to appear for: RCW 43.06.010.
officers defended by: RCW 4.92.070, 43.10.030.
service of summons and complaint on: RCW 4.92.020.
Advertising, action against false, untrue, or deceptive advertising: RCW
9.04.060.
Agricultural cooperatives
enabling act of 1961, attorney general to prosecute violations: RCW
15.65.550.
marketing agreements, attorneys employed to be approved by: RCW
15.65.210.
Board of natural resources, attorney general to represent: RCW 79.01.736.
Bond issues
housing authorities, certification by: RCW 35.82.160.
irrigation districts, certification by: RCW 87.25.030.
Bonds
appeal and surety in judicial actions execution by: RCW 43.10.050.
motor vehicle dealers’ surety bond approved by: RCW 46.70.070.
vehicle wreckers’ surety bond approved by: RCW 46.80.070.
Budget and accounting irregularities, report of state auditor to attorney
general: RCW 43.88.160.
Camping resorts, actions by attorney general relating to: RCW 19.105.470.
Cemetery board, representation of: RCW 68.05.120.
Charitable solicitors, attorney general’s powers and duties relating to:
Chapter 19.09 RCW.
Child support duties: Chapters 74.20 and 74.20A RCW.
Clemency and pardons board, to provide staff for: RCW 9.94A.880.
Common carriers, action to collect treble damages for rebates, discounts,
refunds, etc., duties concerning: RCW 81.28.220.
Corporations
governor may require attorney general to inquire into affairs of: RCW
43.06.010.
involuntary dissolution of corporation, attorney general may bring action
for: Chapter 23B.14 RCW.
Corruption in office, removal by legislature: State Constitution Art. 4 § 9.
County commissioners, special attorneys, employment: RCW 36.32.200.
Criminal charges arising from official acts of state officers or employees—
Defense: RCW 10.01.150.
Declaratory judgments: RCW 7.24.110.
Election of: State Constitution Art. 3 § 1.
Elections, ballot titles and explanatory statements prepared by: RCW
29.27.074, 29.27.076.
Elevators, escalators and dumbwaiters, injunction for operation without
permit brought by: RCW 70.87.140.
Eminent domain
by state, duties: Chapter 8.04 RCW.
proceedings for acquisition of toll bridge property, attorney general to
represent department of transportation: RCW 47.56.110.
Food, drug and cosmetic act, prosecution of violations: RCW 69.04.160.
Gambling
activities, as affecting: Chapter 9.46 RCW.
commission, counsel for: RCW 9.46.060.
Governor
may require attorney general to aid any prosecuting attorney: RCW
43.06.010.
may require attorney general to investigate corporations: RCW
43.06.010.
Highway eminent domain for toll facilities, duties: RCW 47.56.110.
Highway lands transfer to United States, certification by: RCW 47.12.080.
[Title 43 RCW—page 56]
Impeachment: State Constitution Art. 5 § 2.
Industrial insurance, attorney general as legal advisor of department,
board: RCW 51.52.140.
Initiative and referendum transmittal of copies to attorney general: RCW
29.79.030.
Installment sales of goods and services, action by attorney general to
prevent violations: RCW 63.14.190.
Insurance code, representation of commissioner: RCW 48.02.080.
Irrigation districts, certification of bonds, legality of: RCW 87.25.030.
Juvenile court, orders of support, enforcement by: RCW 13.34.161.
Liability coverage of university personnel and students, approval of claims
by attorney general, when: RCW 28B.20.253.
Liquor control board, general counsel for: RCW 66.08.022.
Local government accounting, duties concerning: RCW 43.09.260.
Militia and military affairs
eminent domain for military purposes: RCW 8.04.170, 8.04.180.
officers and enlisted persons, attorney general to defend actions against:
RCW 38.40.010.
Motor freight carriers, violations, attorney general to assign assistant to
enforce compliance: RCW 81.80.330.
Motor vehicle dealers’ licenses, attorney general to approve applicant’s
surety bond accompanying application for: RCW 46.70.070.
Natural resources department, counsel for: RCW 78.52.035.
Oath of office: RCW 43.01.020, 43.10.010.
Office hours regulation does not apply to: RCW 42.04.060.
Official bond: RCW 43.10.010, 43.10.020.
Poisons, enforcement of law relating to: RCW 69.40.025.
Puget Sound ferry and toll bridge system, attorney general’s powers and
duties relating to: Chapter 47.60 RCW.
Railroad employees’ sanitation and shelter requirements, enforcement by:
RCW 81.04.405.
Real estate brokers and salespersons’ licensing, to act as legal advisor:
RCW 18.85.345.
Records, keeping of: State Constitution Art. 3 § 24; RCW 43.10.030.
Records committee, to appoint a member of: RCW 40.14.050.
Removal from office, grounds: State Constitution Art. 4 § 9.
Salary, amount of: State Constitution Art. 28 § 1; RCW 43.03.010.
Schools and school districts, supervision of prosecuting attorney: RCW
36.27.020.
Securities act violations referred to: RCW 21.20.410.
Social and health services department, representation, hospital regulation:
RCW 70.41.160.
State board for volunteer fire fighters and reserve officers, to advise: RCW
41.24.280.
State board of health, representation, hospital regulation: RCW 70.41.160.
State officers, defends actions against: RCW 4.92.070, 43.10.030.
Steamboat company penalties, recovery action by attorney general: RCW
81.84.050.
Subversive activities act, duties as to: Chapter 9.81 RCW.
Succession: State Constitution Art. 3 § 10.
Support of dependent children
agreements between attorney general and prosecuting attorneys to initiate
petition for support under uniform act: RCW 74.20.210.
divorce or separate maintenance actions, attorney general or prosecuting
attorney to initiate an action: RCW 74.20.220.
petition for order upon husband to provide support, attorney general may
apply for, when: RCW 74.20.230.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Term papers, theses, dissertations, sale of prohibited, attorney general
participation: RCW 28B.10.584.
Tort claims against state, authority to settle, compromise and stipulate for
judgment: RCW 4.92.150.
Transfer of highway lands to United States, municipal subdivision or public
utility, attorney general to adjudge if in public interest and certify:
RCW 47.12.080.
(2002 Ed.)
Attorney General
Unemployment compensation, representation of department: RCW
50.12.150.
Unfair business practices act
assurance of discontinuance of practices, acceptance by: RCW 19.86.100.
restraint of prohibited acts, action by: RCW 19.86.080.
Utilities and transportation commission
compliance with law by persons or corporations regulated, duty to
enforce: RCW 80.01.100, 80.04.510.
duty to represent: RCW 80.01.100, 80.04.510.
Vehicle wreckers’ licensing, surety bonds accompanying application to be
approved by: RCW 46.80.070.
Vital statistics, duty to enforce laws of: RCW 70.58.050.
Washington habitual traffic offenders act, attorney general’s duties:
Chapter 46.65 RCW.
43.10.010 Qualifications—Oath—Bond. No person
shall be eligible to be attorney general unless he is a
qualified practitioner of the supreme court of this state.
Before entering upon the duties of his office, any person
elected or appointed attorney general shall take, subscribe,
and file the oath of office as required by law; take, subscribe, and file with the secretary of state an oath to comply
with the provisions of RCW 43.10.115; and execute and file
with the secretary of state, a bond to the state, in the sum of
five thousand dollars, with sureties to be approved by the
governor, conditioned for the faithful performance of his
duties and the paying over of all moneys, as provided by
law. [1973 c 43 § 1; 1965 c 8 § 43.10.010. Prior: 1929 c
92 § 1, part; RRS § 11030, part; prior: 1921 c 119 § 1;
1888 p 7 § 4.]
Severability—1973 c 43: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 43 § 6.]
43.10.020 Additional bond—Penalty for failure to
furnish. If the governor deems any bond filed by the
attorney general insufficient, he may require an additional
bond for any amount not exceeding five thousand dollars.
If any attorney general fails to give such additional bond
as required by the governor within twenty days after notice
in writing of such requirement, his office may be declared
vacant by the governor and filled as provided by law. [1965
c 8 § 43.10.020. Prior: (i) 1929 c 92 § 1, part; RRS §
11030, part. (ii) 1929 c 92 § 2; RRS § 11031; prior: 1921
c 119 § 1; 1888 p 7 §§ 4, 5.]
43.10.030 General powers and duties. The attorney
general shall:
(1) Appear for and represent the state before the
supreme court or the court of appeals in all cases in which
the state is interested;
(2) Institute and prosecute all actions and proceedings
for, or for the use of the state, which may be necessary in
the execution of the duties of any state officer;
(3) Defend all actions and proceedings against any state
officer or employee acting in his official capacity, in any of
the courts of this state or the United States;
(4) Consult with and advise the several prosecuting
attorneys in matters relating to the duties of their office, and
when the interests of the state require, he shall attend the
trial of any person accused of a crime, and assist in the
prosecution;
(2002 Ed.)
Chapter 43.10
(5) Consult with and advise the governor, members of
the legislature, and other state officers, and when requested,
give written opinions upon all constitutional or legal questions relating to the duties of such officers;
(6) Prepare proper drafts of contracts and other instruments relating to subjects in which the state is interested;
(7) Give written opinions, when requested by either
branch of the legislature, or any committee thereof, upon
constitutional or legal questions;
(8) Enforce the proper application of funds appropriated
for the public institutions of the state, and prosecute corporations for failure or refusal to make the reports required by
law;
(9) Keep in proper books a record of all cases prosecuted or defended by him, on behalf of the state or its officers,
and of all proceedings had in relation thereto, and deliver the
same to his successor in office;
(10) Keep books in which he shall record all the official
opinions given by him during his term of office, and deliver
the same to his successor in office;
(11) Pay into the state treasury all moneys received by
him for the use of the state. [1975 c 40 § 5; 1971 c 81 §
109; 1965 c 8 § 43.10.030. Prior: (i) 1929 c 92 § 3; RRS
§ 112. (ii) 1929 c 92 § 4; RRS § 11032; prior: 1891 c 55
§ 2; 1888 p 8 § 6.]
43.10.035 Prosecutions for official delinquencies in
the assessment, collection and payment of revenue;
failure to pay over or deliver public money or property;
and against all debtors of the state. Upon receipt of
information from the state auditor as provided in *RCW
43.09.050(3) as now or hereafter amended, the attorney
general shall direct prosecutions in the name of the state for
all official delinquencies in relation to the assessment,
collection, and payment of the revenue, against all persons
who, by any means, become possessed of public money or
property, and fail to pay over or deliver the same, and
against all debtors of the state. [1977 ex.s. c 144 § 9.]
*Reviser’s note: RCW 43.09.050 was amended by 1992 c 118 § 6,
changing subsection (3) to subsection (4).
43.10.040 Representation of boards, commissions
and agencies. The attorney general shall also represent the
state and all officials, departments, boards, commissions and
agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi
legal matters, hearings, or proceedings, and advise all
officials, departments, boards, commissions, or agencies of
the state in all matters involving legal or quasi legal questions, except those declared by law to be the duty of the
prosecuting attorney of any county. [1965 c 8 § 43.10.040.
Prior: 1941 c 50 § 1, part; Rem. Supp. 1941 § 11034-3,
part.]
43.10.045 Retention of counsel by legislature—
Notice—Representation in absence of notice. The legislature may employ or retain counsel of its own choosing.
However, the legislature shall notify the attorney general
whenever it makes a decision to use the services of such
counsel to represent it or any of its members in a particular
judicial or administrative proceeding. With respect to any
[Title 43 RCW—page 57]
43.10.045
Title 43 RCW: State Government—Executive
such proceeding where the legislature has not so notified the
attorney general, the attorney general shall represent the
legislature until so notified. For purposes of this section,
"legislature" means the senate and house of representatives
together. The major purposes of this section are to confirm
and implement in statute law the constitutional power of the
legislative branch to select its own counsel. [1986 c 323 §
1.]
43.10.050 Authority to execute appeal and other
bonds. The attorney general may execute, on behalf of the
state, any appeal or other bond required to be given by the
state in any judicial proceeding to which it is a party in any
court, and procure sureties thereon. [1965 c 8 § 43.10.050.
Prior: 1929 c 92 § 6; RRS § 11034; prior: 1905 c 99 § 1.]
43.10.060 Appointment and authority of assistants.
The attorney general may appoint necessary assistants, who
shall hold office at his pleasure, and who shall have the
power to perform any act which the attorney general is
authorized by law to perform. [1965 c 8 § 43.10.060. Prior:
1929 c 92 § 7, part; RRS § 11034-1, part.]
43.10.065 Employment of attorneys and employees
to transact state’s legal business. The attorney general
may employ or discharge attorneys and employees to
transact for the state, its departments, officials, boards,
commissions, and agencies, all business of a legal or quasi
legal nature, except those declared by law to be the duty of
the judge of any court, or the prosecuting attorney of any
county. [1965 c 8 § 43.10.065. Prior: 1941 c 50 § 1, part;
Rem. Supp. 1941 § 11034-3, part. Formerly RCW
43.10.060, part.]
43.10.067 Employment of attorneys by others
restricted. No officer, director, administrative agency,
board, or commission of the state, other than the attorney
general, shall employ, appoint or retain in employment any
attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as
attorney in any legal or quasi legal capacity in the exercise
of any of the powers or performance of any of the duties
specified by law to be performed by the attorney general,
except where it is provided by law to be the duty of the
judge of any court or the prosecuting attorney of any county
to employ or appoint such persons: PROVIDED, That RCW
43.10.040, and 43.10.065 through 43.10.080 shall not apply
to the administration of the commission on judicial conduct,
the state law library, the law school of the state university,
the administration of the state bar act by the Washington
State Bar Association, or the representation of an estate
administered by the director of the department of revenue or
the director’s designee pursuant to chapter 11.28 RCW.
The authority granted by chapter 1.08 RCW, RCW
44.28.065, and 47.01.061 shall not be affected hereby.
[1997 c 41 § 9. Prior: 1987 c 364 § 1; 1987 c 186 § 7;
prior: 1985 c 133 § 2; 1985 c 7 § 108; 1981 c 268 § 1;
1965 c 8 § 43.10.067; prior: (i) 1941 c 50 § 2; Rem. Supp.
1941 § 11034-4. (ii) 1941 c 50 § 4; Rem. Supp. 1941 §
11034-6. Formerly RCW 43.01.080.]
[Title 43 RCW—page 58]
43.10.070 Compensation of assistants, attorneys and
employees. The attorney general shall fix the compensation
of all assistants, attorneys, and employees, and in the event
they are assigned to any department, board, or commission,
such department, board, or commission shall pay the
compensation as fixed by the attorney general, not however
in excess of the amount made available to the department by
law for legal services. [1965 c 8 § 43.10.070. Prior: 1941
c 50 § 1, part; Rem. Supp. 1941 § 11034-3, part.]
43.10.080 Employment of experts, technicians. The
attorney general may employ such skilled experts, scientists,
technicians, or other specially qualified persons as he deems
necessary to aid him in the preparation or trial of actions or
proceedings. [1965 c 8 § 43.10.080. Prior: 1941 c 50 § 3;
Rem. Supp. 1941 § 11034-5.]
43.10.090 Criminal investigations—Supervision.
Upon the written request of the governor the attorney general
shall investigate violations of the criminal laws within this
state.
If, after such investigation, the attorney general believes
that the criminal laws are improperly enforced in any county,
and that the prosecuting attorney of the county has failed or
neglected to institute and prosecute violations of such
criminal laws, either generally or with regard to a specific
offense or class of offenses, the attorney general shall direct
the prosecuting attorney to take such action in connection
with any prosecution as the attorney general determines to be
necessary and proper.
If any prosecuting attorney, after the receipt of such
instructions from the attorney general, fails or neglects to
comply therewith within a reasonable time, the attorney
general may initiate and prosecute such criminal actions as
he shall determine. In connection therewith, the attorney
general shall have the same powers as would otherwise be
vested in the prosecuting attorney.
From the time the attorney general has initiated or taken
over a criminal prosecution, the prosecuting attorney shall
not have power or authority to take any legal steps relating
to such prosecution, except as authorized or directed by the
attorney general. [1965 c 8 § 43.10.090. Prior: 1937 c 88
§ 1; RRS § 112-1.]
Corporations, governor may require attorney general to investigate: RCW
43.06.010.
Prosecuting attorneys, governor may require attorney general to aid: RCW
43.06.010.
43.10.095 Homicide investigative tracking system—
Supervision management and recidivist tracking
(SMART) system. (1) There is created, as a component of
the homicide investigative tracking system, a supervision
management and recidivist tracking system called the
SMART system. The office of the attorney general may
contract with any state, local, or private agency necessary for
implementation of and training for supervision management
and recidivist tracking program partnerships for development
and operation of a statewide computer linkage between the
attorney general’s homicide investigative tracking system,
local police departments, and the state department of
corrections. Dormant information in the supervision man(2002 Ed.)
Attorney General
agement and recidivist tracking system shall be automatically
archived after seven years. The department of corrections
shall notify the attorney general when each person is no
longer under its supervision.
(2) As used in this section, unless the context requires
otherwise:
(a) "Dormant" means there have been no inquiries by
the department of corrections or law enforcement with regard
to an active supervision case or an active criminal investigation in the past seven years.
(b) "Archived" means information which is not in the
active data base and can only be retrieved for use in an
active criminal investigation. [1998 c 223 § 2.]
Finding—1998 c 223: "The legislature finds that increased communications between local law enforcement officers and the state department of
corrections’ community corrections officers improves public safety through
shared monitoring and supervision of offenders living in the community
under the jurisdiction of the department of corrections.
Participating local law enforcement agencies and the local offices of
the department of corrections have implemented the supervision management and recidivist tracking program, whereby each entity provides mutual
assistance in supervising offenders living within the boundaries of local law
enforcement agencies. The supervision management and recidivist tracking
program has helped local law enforcement solve crimes faster or prevented
future criminal activity by reporting offender’s sentence violations in a more
timely manner to community corrections officers by rapid and comprehensive electronic sharing of information regarding supervised offenders. The
expansion of the supervision management and recidivist tracking program
will improve public safety throughout the state." [1998 c 223 § 1.]
43.10.095
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
43.10.110 Other powers and duties. The attorney
general shall have the power and it shall be his duty to
perform any other duties that are, or may from time to time
be required of him by law. [1965 c 8 § 43.10.110. Prior:
1929 c 92 § 8; RRS § 11034-2.]
43.10.115 Private practice of law—Attorney general—Prohibited. The attorney general shall not practice law
for remuneration in his private capacity:
(1) As an attorney in any court of this state during his
continuance in office; or
(2) As adviser or advocate for any person who may
wish to become his client. [1973 c 43 § 2.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.120 Private practice of law—Deputies and
assistants—Prohibited. No full time deputy or assistant
attorney general shall practice law for remuneration in his
private capacity:
(1) As an attorney in any court of this state during his
continuance in office; or
(2) As adviser or advocate for any person who may
wish to become his client. [1973 c 43 § 3.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.097 Homicide investigative tracking system—
Purpose limited. The homicide investigative tracking
system and the supervision management and recidivist
tracking system are tools for the administration of criminal
justice and these systems may not be used for any other
purpose. [1998 c 223 § 3.]
Finding—1998 c 223: See note following RCW 43.10.095.
43.10.125 Private practice of law—Special assistant
attorney generals. Special assistant attorney generals
employed on less than a full time basis to transact business
of a legal or quasi legal nature for the state, such assistants
and attorneys may practice law in their private capacity as
attorney. [1973 c 43 § 4.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.101 Report to legislative transportation
committee—Tort claims. The attorney general shall
prepare annually a report to the legislative transportation
committee comprising a comprehensive summary of all cases
involving tort claims against the department of transportation
involving highways which were concluded and closed in the
previous calendar year. The report shall include for each
case closed:
(1) A summary of the factual background of the case;
(2) Identification of the attorneys representing the state
and the opposing parties;
(3) A synopsis of the legal theories asserted and the
defenses presented;
(4) Whether the case was tried, settled, or dismissed,
and in whose favor;
(5) The approximate number of attorney hours expended
by the state on the case, together with the corresponding
dollar amount billed therefore; and
(6) Such other matters relating to the case as the
attorney general deems relevant or appropriate, especially
including any comments or recommendations for changes in
statute law or agency practice that might effectively reduce
the exposure of the state to such tort claims. [1995 2nd sp.s.
c 14 § 527.]
43.10.130 Private practice of law—Exceptions.
None of the provisions of RCW 43.10.010 and 43.10.115
through 43.10.125 shall be construed as prohibiting the
attorney general or any of his full time deputies or assistants
from:
(1) Performing legal services for himself or his immediate family; or
(2) Performing legal services of a charitable nature.
[1973 c 43 § 5.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.150 Legal services revolving fund—Created—
Purpose. A legal services revolving fund is hereby created
in the state treasury for the purpose of a centralized funding,
accounting, and distribution of the actual costs of the legal
services provided to agencies of the state government by the
attorney general. [1974 ex.s. c 146 § 1; 1971 ex.s. c 71 §
1.]
Effective date—1974 ex.s. c 146: "This act shall take effect on July
1, 1974 for costs, billings and charges affecting the 1975 fiscal year and
subsequent biennia." [1974 ex.s. c 146 § 5.]
Legal services revolving fund—Approval of certain changes required: RCW
43.88.350.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
(2002 Ed.)
[Title 43 RCW—page 59]
43.10.160
Title 43 RCW: State Government—Executive
43.10.160 Legal services revolving fund—Transfers
and payments into fund—Allotments to attorney general.
The amounts to be disbursed from the legal services revolving fund from time to time shall be transferred thereto by the
state treasurer from funds appropriated to any and all
agencies for legal services or administrative expenses on a
quarterly basis. Agencies operating in whole or in part from
nonappropriated funds shall pay into the legal services
revolving fund such funds as will fully reimburse funds
appropriated to the attorney general for any legal services
provided activities financed by nonappropriated funds.
The director of financial management shall allot all such
funds to the attorney general for the operation of his office,
pursuant to appropriation, in the same manner as appropriated funds are allocated to other agencies headed by elected
officers under chapter 43.88 RCW. [1979 c 151 § 94; 1974
ex.s. c 146 § 2; 1971 ex.s. c 71 § 2.]
Effective date—1974 ex.s. c 146: See note following RCW
43.10.150.
43.10.170 Legal services revolving fund—
Disbursements. Disbursements from the legal services
revolving fund shall be pursuant to vouchers executed by the
attorney general or his designee in accordance with the
provisions of RCW 43.88.160. [1971 ex.s. c 71 § 3.]
43.10.180 Legal services revolving fund—Allocation
of costs to funds and agencies—Accounting—Billing. The
attorney general shall keep such records as are necessary to
facilitate proper allocation of costs to funds and agencies
served and the director of financial management shall prescribe appropriate accounting procedures to accurately
allocate costs to funds and agencies served. Billings shall be
adjusted in line with actual costs incurred at intervals not to
exceed six months. [1979 c 151 § 95; 1974 ex.s. c 146 § 3;
1971 ex.s. c 71 § 4.]
Effective date—1974 ex.s. c 146: See note following RCW
43.10.150.
43.10.190 Legal services revolving fund—Direct
payments from agencies. In cases where there are unanticipated demands for legal services or where there are insufficient funds on hand or available for payment through the
legal services revolving fund or in other cases of necessity,
the attorney general may request payment for legal services
directly from agencies for whom the services are performed
to the extent that revenues or other funds are available.
Upon approval by the director of financial management the
agency shall make the requested payment. The payment
may be made on either an advance or reimbursable basis as
approved by the director of financial management. [1979 c
151 § 96; 1971 ex.s. c 71 § 5.]
43.10.200 Legal services revolving fund—Recovered
court costs, fees and expenses—Deposit in fund—
Expenditure. Court costs, attorneys’ fees, and other
expenses recovered by the attorney general shall be deposited in the legal services revolving fund and shall be considered as returned loans of materials supplied or services
rendered. Such amounts may be expended in the same
manner and under the same conditions and restrictions as set
[Title 43 RCW—page 60]
forth in section 11, chapter 282, Laws of 1969 ex. sess.
[1971 ex.s. c 71 § 6.]
43.10.210 Antitrust revolving fund—Legislative
finding and purpose. The legislature having found that
antitrust laws and the enforcement thereof are necessary for
the protection of consumers and businesses, and further that
the creation of an antitrust revolving fund provides a
reasonable means of funding antitrust actions by the attorney
general, and that the existence of such a fund increases the
possibility of obtaining funding from other sources, now
therefore creates the antitrust revolving fund. [1974 ex.s. c
162 § 1.]
43.10.215 Antitrust revolving fund—Created—
Contents. There is hereby created the antitrust revolving
fund in the custody of the state treasurer which shall consist
of: Funds appropriated to the revolving fund, funds transferred to the revolving fund pursuant to a court order or
judgment in an antitrust action; gifts or grants made to the
revolving fund; and funds awarded to the state or any agency
thereof for the recovery of costs and attorney fees in an
antitrust action: PROVIDED HOWEVER, That to the extent
that such costs constitute reimbursement for expenses
directly paid from constitutionally dedicated funds, such
recoveries shall be transferred to the constitutionally dedicated fund. [1974 ex.s. c 162 § 2.]
43.10.220 Antitrust revolving fund—Expenditures.
The attorney general is authorized to expend from the
antitrust revolving fund, created by RCW 43.10.210 through
43.10.220, such funds as are necessary for the payment of
costs, expenses and charges incurred in the preparation,
institution and maintenance of antitrust actions under the
state and federal antitrust acts. During the 2001-03 fiscal
biennium, the attorney general may expend from the antitrust
revolving fund for the purposes of the consumer protection
activities of the office. [2002 c 371 § 907; 1999 c 309 §
916; 1974 ex.s. c 162 § 3.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
43.10.230 Purpose. The purpose of RCW 43.10.232
is to grant authority to the attorney general concurrent with
the county prosecuting attorneys to investigate and prosecute
crimes. The purpose of *RCW 43.10.234 is to insure access
by the attorney general to the procedural powers of the
various prosecuting attorneys in exercising criminal prosecutorial authority granted in RCW 43.10.232 or otherwise
granted by the legislature. [1981 c 335 § 1.]
*Reviser’s note: The reference to RCW 43.10.234 appears to be
erroneous. RCW 10.01.190 was apparently intended.
43.10.232 Concurrent authority to investigate
crimes and initiate and conduct prosecutions—Payment
of costs. (1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the
request of or with the concurrence of any of the following:
(2002 Ed.)
Attorney General
(a) The county prosecuting attorney of the jurisdiction
in which the offense has occurred;
(b) The governor of the state of Washington; or
(c) A majority of the committee charged with the
oversight of the organized crime intelligence unit.
(2) Such request or concurrence shall be communicated
in writing to the attorney general.
(3) Prior to any prosecution by the attorney general
under this section, the attorney general and the county in
which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees,
and defense attorneys’ fees associated with any such prosecution. [1986 c 257 § 16; 1981 c 335 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
43.10.234 Determination of prosecuting authority if
defendant charged by attorney general and prosecuting
attorney. If both a prosecuting attorney and the attorney
general file an information or indictment charging a defendant with substantially the same offense(s), the court shall,
upon motion of either the prosecuting attorney or the
attorney general:
(1) Determine whose prosecution of the case will best
promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and
(2) Enter an order dismissing the information or
indictment filed by the person who was not designated the
prosecuting authority. [1981 c 335 § 3.]
43.10.240 Investigative and criminal prosecution
activity—Annual report—Security protection. The
attorney general shall annually report to the organized crime
advisory board a summary of the attorney general’s investigative and criminal prosecution activity conducted pursuant
to this chapter. Except to the extent the summary describes
information that is a matter of public record, the information
made available to the board shall be given all necessary
security protection in accordance with the terms and provisions of applicable laws and rules and shall not be revealed
or divulged publicly or privately by members of the board.
[1985 c 251 § 1.]
43.10.250 Appellate review of criminal case. Upon
request of a prosecuting attorney, the attorney general may
assume responsibility for the appellate review of a criminal
case or assist the prosecuting attorney in the appellate review
if the attorney general finds that the case involves fundamental issues affecting the public interest and the administration of criminal justice in this state. [1985 c 251 § 2.]
43.10.260 Criminal profiteering—Assistance to local
officials. The attorney general may: (1) Assist local law
enforcement officials in the development of cases arising
under the criminal profiteering laws with special emphasis
on narcotics related cases; (2) assist local prosecutors in the
litigation of criminal profiteering or drug asset forfeiture
cases, or, at the request of a prosecutor’s office, litigate such
cases on its behalf; and (3) conduct seminars and training
sessions on prosecution of criminal profiteering cases and
drug asset forfeiture cases. [1991 c 345 § 2.]
(2002 Ed.)
43.10.232
Findings—1991 c 345: "The legislature finds that drug asset
forfeiture and criminal profiteering laws allow law enforcement officials and
the courts to strip drug dealers and other successful criminals of the wealth
they have acquired from their crimes and the assets they have used to
facilitate those crimes. These laws are rarely used by prosecutors, however,
because of the difficulty in identifying profiteering and the assets that
criminals may have as a result of their crimes. It is the intent of the
legislature to provide assistance to local law enforcement officials and state
agencies to seize the assets of criminals and the proceeds of their profiteering." [1991 c 345 § 1.]
43.10.270 Criminal profiteering—Asset recovery.
All assets recovered pursuant to RCW 43.10.260 shall be
distributed in the following manner: (1) For drug asset
forfeitures, pursuant to the provisions of RCW 69.50.505;
and (2) for criminal profiteering cases, pursuant to the
provisions of RCW 9A.82.100. [1991 c 345 § 3.]
Findings—1991 c 345: See note following RCW 43.10.260.
Chapter 43.12
COMMISSIONER OF PUBLIC LANDS
Sections
43.12.010
43.12.025
43.12.035
Powers and duties—Generally.
Sealing of open holes and mine shafts.
Mine owners—Maps of property surface and underground
workings—Filing.
43.12.045 Rule-making authority.
43.12.055 Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Abstracts of state lands maintained by: RCW 79.01.304.
Administrator of natural resources: RCW 43.30.050.
Assistant commissioner: RCW 79.01.056.
Attorney general to represent: RCW 79.01.736.
Board of natural resources secretary: RCW 43.30.150.
Bonds: RCW 79.01.064.
City or metropolitan park district parks or playgrounds, member of citizens
committee to investigate and determine needs for tidelands and
shorelands: RCW 79.08.080.
Duties of, to be prescribed by legislature: State Constitution Art. 3 § 23.
Election: State Constitution Art. 3 § 1.
Eminent domain
against state lands
filing judgment with commissioner of public lands: RCW 8.28.010.
service of process on: RCW 8.28.010.
by corporations, service on: RCW 8.20.020.
Employees: RCW 79.01.060.
Escheats
conveyance of real property to claimant: RCW 11.08.270.
jurisdiction and supervision over real property: RCW 11.08.220.
land acquired by, management and control over: RCW 79.01.612.
Fees: RCW 79.01.720, 79.01.724.
Funds, daily deposit of funds in state treasury: RCW 43.85.130.
Harbor line relocation, platting of additional tidelands and shorelands
created by: RCW 79.92.020.
Interagency committee for outdoor recreation, membership: RCW
79A.25.110.
Land inspectors
compensation: RCW 79.01.068.
employment of: RCW 79.01.060.
false statements by, penalty: RCW 79.01.072.
oath: RCW 79.01.068.
Local and other improvements and assessments against state lands,
tidelands and harbor area assessments, disapproval, effect: RCW
79.44.140.
Mistakes, recall of leases, contract or deeds to correct: RCW 79.01.740.
[Title 43 RCW—page 61]
Chapter 43.12
Title 43 RCW: State Government—Executive
Oath of office: RCW 43.01.020, 79.01.056.
Office may be abolished by legislature: State Constitution Art. 3 § 25.
Powers and duties transferred to natural resources department: RCW
43.30.130.
Recall of leases, contracts, or deeds to correct mistakes: RCW 79.01.740.
Reclamation projects of state: RCW 89.16.080.
Reconsideration of official acts: RCW 79.01.740.
Records to be kept at state capitol: State Constitution Art. 3 § 24.
Reports to legislature: RCW 79.01.744.
Salary
amount of: RCW 43.03.010.
regulated by legislature: State Constitution Art. 3 § 23.
School lands, data and information furnished to department of natural
resources as to sale or lease of: RCW 79.01.094.
State capitol committee
member: RCW 43.34.010.
secretary of: RCW 43.34.015.
State lands: Chapter 79.01 RCW.
State parks, withdrawal of public lands from sale, exchange for highway
abutting lands, duties: RCW 79A.05.110.
Subpoena power: RCW 79.01.704.
Succession to governorship: State Constitution Art. 3 § 10.
Survey and map agency, advisory board, appointment: RCW 58.24.020.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Underground storage of natural gas
lease of public lands for: RCW 80.40.060.
notice of application for sent to: RCW 80.40.040.
United States land offices, appearance before: RCW 79.01.732.
Washington State University real property, annual report as to: RCW
28B.30.310.
Wildlife and recreation lands; funding of maintenance and operation:
Chapter 79A.20 RCW.
Withdrawal of state land from lease for game purposes, powers and duties
concerning: RCW 77.12.360.
43.12.010 Powers and duties—Generally. The
commissioner of public lands shall exercise such powers and
perform such duties as are prescribed by law. [1965 c 8 §
43.12.010. Prior: 1921 c 7 § 119; RRS § 10877.]
43.12.025 Sealing of open holes and mine shafts.
The department of natural resources shall work with federal
officials and private mine owners to ensure the prompt
sealing of open holes and mine shafts that constitute a threat
to safety. [1985 c 459 § 7.]
Severability—1985 c 459: See note following RCW 79.01.668.
43.12.035 Mine owners—Maps of property surface
and underground workings—Filing. The owner of each
mine shall make a map of the surface of the property. The
owner of each active mine shall make a map of the underground workings. All maps shall be filed with the department of natural resources. The department shall establish by rule the scale and contents required for the maps.
[1985 c 459 § 8.]
Severability—1985 c 459: See note following RCW 79.01.668.
43.12.045 Rule-making authority. For rules adopted
after July 23, 1995, the commissioner of public lands may
not rely solely on a section of law stating a statute’s intent
or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provi[Title 43 RCW—page 62]
sions, for statutory authority to adopt any rule. [1995 c 403
§ 101.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.12.055 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the commissioner of public lands shall be
in accordance with RCW 43.05.100 and 43.05.110. [1995 c
403 § 622.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Chapter 43.17
ADMINISTRATIVE DEPARTMENTS AND
AGENCIES—GENERAL PROVISIONS
Sections
43.17.010
43.17.020
43.17.030
43.17.040
43.17.050
43.17.060
43.17.070
43.17.100
43.17.110
43.17.120
Departments created.
Chief executive officers—Appointment.
Powers and duties—Oath.
Chief assistant director—Powers.
Office at capital—Branch offices.
Departmental rules and regulations.
Administrative committees.
Surety bonds for appointive state officers and employees.
Data, information, interdepartmental assistance.
Designation of agency to carry out federal social security
disability program.
43.17.130 Designation of agency to carry out federal social security
disability program—Appointment of personnel.
43.17.150 Receipt of property or money from United States attorney
general—Use, expenditure—Deposit.
43.17.200 Allocation of moneys for acquisition of works of art—
Expenditure by arts commission—Conditions.
43.17.205 Purchase of works of art—Interagency reimbursement for
expenditure by visual arts program.
43.17.210 Purchase of works of art—Procedure.
43.17.230 Emergency information telephone services—Accessibility
from all phones required—Charges.
43.17.240 Debts owed to the state—Interest rate.
43.17.250 County-wide planning policy.
43.17.310 Businesses—Rules coordinator to provide list of rules.
43.17.320 Interagency disputes—Alternative dispute resolution—
Definitions.
43.17.330 Interagency disputes—Alternative dispute resolution—
Methods.
43.17.340 Interagency disputes—Alternative dispute resolution—
Exception.
43.17.350 Health-related state agencies—Professional health services—
Fee schedules.
43.17.360 Lease of real property—Term of a lease—Use of proceeds—
Retroactive application.
43.17.370 Prerelease copy of report or study to local government.
Collection agency use by state: RCW 19.16.500.
Debts owed to state, interest rate: RCW 43.17.240.
Facilitating recovery from Mt. St. Helens eruption—Scope of state agency
action: RCW 43.01.210.
43.17.010 Departments created. There shall be
departments of the state government which shall be known
as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and
industries, (4) the department of agriculture, (5) the depart(2002 Ed.)
Administrative Departments and Agencies—General Provisions
ment of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of
general administration, (9) the department of community,
trade, and economic development, (10) the department of
veterans affairs, (11) the department of revenue, (12) the
department of retirement systems, (13) the department of
corrections, and (14) the department of health, and (15) the
department of financial institutions, which shall be charged
with the execution, enforcement, and administration of such
laws, and invested with such powers and required to perform
such duties, as the legislature may provide. [1993 sp.s. c 2
§ 16; 1993 c 472 § 17; 1993 c 280 § 18; 1989 1st ex.s. c 9
§ 810; 1987 c 506 § 2; 1985 c 466 § 47; 1984 c 125 § 12;
1981 c 136 § 61; 1979 c 10 § 1. Prior: 1977 ex.s. c 334 §
5; 1977 ex.s. c 151 § 20; 1977 c 7 § 1; prior: 1975-’76 2nd
ex.s. c 115 § 19; 1975-’76 2nd ex.s. c 105 § 24; 1971 c 11
§ 1; prior: 1970 ex.s. c 62 § 28; 1970 ex.s. c 18 § 50; 1969
c 32 § 1; prior: 1967 ex.s. c 26 § 12; 1967 c 242 § 12;
1965 c 156 § 20; 1965 c 8 § 43.17.010; prior: 1957 c 215
§ 19; 1955 c 285 § 2; 1953 c 174 § 1; prior: (i) 1937 c 111
§ 1, part; RRS § 10760-2, part. (ii) 1935 c 176 § 1; 1933 c
3 § 1; 1929 c 115 § 1; 1921 c 7 § 2; RRS § 10760. (iii)
1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part. (iv)
1947 c 114 § 5; Rem. Supp. 1947 § 10786-10c.]
Reviser’s note: This section was amended by 1993 c 280 § 18, 1993
c 472 § 17, and by 1993 sp.s. c 2 § 16, each without reference to the other.
All amendments are incorporated in the publication of this section pursuant
to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.005.
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1977 ex.s. c 334: See note following RCW
46.01.011.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975-’76 2nd ex.s. c 105: See note following RCW
41.04.270.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
Department of
agriculture: Chapter 43.23 RCW.
community, trade, and economic development: Chapter 43.330 RCW.
corrections: Chapter 72.09 RCW.
ecology: Chapter 43.21A RCW.
employment security: Chapter 50.08 RCW.
financial institutions: Chapter 43.320 RCW.
fish and wildlife: Chapters 43.300 and 77.04 RCW.
general administration: Chapter 43.19 RCW.
health: Chapter 43.70 RCW.
information services: Chapter 43.105 RCW.
labor and industries: Chapter 43.22 RCW.
licensing: Chapters 43.24, 46.01 RCW.
natural resources: Chapter 43.30 RCW.
(2002 Ed.)
43.17.010
personnel: Chapter 41.06 RCW.
retirement systems: Chapter 41.50 RCW.
revenue: Chapter 82.01 RCW.
services for the blind: Chapter 74.18 RCW.
social and health services: Chapter 43.20A RCW.
transportation: Chapter 47.01 RCW.
veterans affairs: Chapter 43.60A RCW.
43.17.020 Chief executive officers—Appointment.
There shall be a chief executive officer of each department
to be known as: (1) The secretary of social and health
services, (2) the director of ecology, (3) the director of labor
and industries, (4) the director of agriculture, (5) the director
of fish and wildlife, (6) the secretary of transportation, (7)
the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic
development, (10) the director of veterans affairs, (11) the
director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, and (14) the secretary of
health, and (15) the director of financial institutions.
Such officers, except the secretary of transportation and
the director of fish and wildlife, shall be appointed by the
governor, with the consent of the senate, and hold office at
the pleasure of the governor. The secretary of transportation
shall be appointed by the transportation commission as prescribed by RCW 47.01.041. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055. [1995 1st sp.s. c 2
§ 2 (Referendum Bill No. 45, approved November 7, 1995).
Prior: 1993 sp.s. c 2 § 17; 1993 c 472 § 18; 1993 c 280 §
19; 1989 1st ex.s. c 9 § 811; 1987 c 506 § 3; 1985 c 466 §
48; 1984 c 125 § 13; 1981 c 136 § 62; 1979 c 10 § 2; prior:
1977 ex.s. c 334 § 6; 1977 ex.s. c 151 § 21; 1977 c 7 § 2;
prior: 1975-’76 2nd ex.s. c 115 § 20; 1975-’76 2nd ex.s. c
105 § 25; 1971 c 11 § 2; prior: 1970 ex.s. c 62 § 29; 1970
ex.s. c 18 § 51; 1969 c 32 § 2; prior: 1967 ex.s. c 26 § 13;
1967 c 242 § 13; 1965 c 156 § 21; 1965 c 8 § 43.17.020;
prior: 1957 c 215 § 20; 1955 c 285 § 3; 1953 c 174 § 2;
prior: (i) 1935 c 176 § 2; 1933 c 3 § 2; 1929 c 115 § 2;
1921 c 7 § 3; RRS § 10761. (ii) 1937 c 111 § 1, part; RRS
§ 10760. (iii) 1945 c 267 § 1, part; Rem. Supp. 1945 §
10459-1, part.]
Effective date—1995 1st sp.s. c 2: "Sections 2 through 43 of this act
shall take effect July 1, 1996." [1995 1st sp.s. c 2 § 45.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1977 ex.s. c 334: See note following RCW
46.01.011.
[Title 43 RCW—page 63]
43.17.020
Title 43 RCW: State Government—Executive
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975-’76 2nd ex.s. c 105: See note following RCW
41.04.270.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.17.070. Prior: 1929 c 115 § 3; 1921 c 7 § 4; RRS §
10762.]
43.17.030 Powers and duties—Oath. The directors
of the several departments shall exercise such powers and
perform such executive and administrative duties as are
provided by law.
Each appointive officer before entering upon the duties
of his office shall take and subscribe the oath of office
prescribed by law for elective state officers, and file the
same in the office of the secretary of state. [1965 c 8 §
43.17.030. Prior: 1921 c 7 § 18; RRS § 10776.]
43.17.100 Surety bonds for appointive state officers
and employees. Every appointive state officer and employee of the state shall give a surety bond, payable to the state
in such sum as shall be deemed necessary by the director of
the department of general administration, conditioned for the
honesty of the officer or employee and for the accounting of
all property of the state that shall come into his possession
by virtue of his office or employment, which bond shall be
approved as to form by the attorney general and shall be
filed in the office of the secretary of state.
The director of general administration may purchase one
or more blanket surety bonds for the coverage required in
this section.
Any bond required by this section shall not be considered an official bond and shall not be subject to chapter
42.08 RCW. [1977 ex.s. c 270 § 7; 1975 c 40 § 6; 1965 c
8 § 43.17.100. Prior: 1921 c 7 § 16; RRS § 10774.]
Oaths of elective state officers: RCW 43.01.020.
43.17.040 Chief assistant director—Powers. The
director of each department may, from time to time, designate and deputize one of the assistant directors of his
department to act as the chief assistant director, who shall
have charge and general supervision of the department in the
absence or disability of the director, and who, in case a
vacancy occurs in the office of director, shall continue in
charge of the department until a director is appointed and
qualified, or the governor appoints an acting director. [1965
c 8 § 43.17.040. Prior: 1921 c 7 § 118; RRS § 10876.]
43.17.050 Office at capital—Branch offices. Each
department shall maintain its principal office at the state
capital. The director of each department may, with the
approval of the governor, establish and maintain branch
offices at other places than the state capital for the conduct
of one or more of the functions of his department.
The governor, in his discretion, may require all administrative departments of the state and the appointive officers
thereof, other than those created by this chapter, to maintain
their principal offices at the state capital in rooms to be
furnished by the director of general administration. [1965 c
8 § 43.17.050. Prior: (i) 1921 c 7 § 20; RRS § 10778. (ii)
1921 c 7 § 134; RRS § 10892.]
Departments to share occupancy—Capital projects surcharge: RCW
43.01.090.
Housing for state offices, departments, and institutions: Chapter 43.82
RCW.
43.17.060 Departmental rules and regulations. The
director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his
department, the conduct of its subordinate officers and
employees, the disposition and performance of its business,
and the custody, use, and preservation of the records, papers,
books, documents, and property pertaining thereto. [1965 c
8 § 43.17.060. Prior: 1921 c 7 § 19; RRS § 10777.]
43.17.070 Administrative committees. There shall be
administrative committees of the state government, which
shall be known as: (1) The state finance committee and (2)
the state capitol committee. [1982 c 40 § 8; 1965 c 8 §
[Title 43 RCW—page 64]
Severability—1982 c 40: See note following RCW 29.33.041.
State capitol committee: Chapter 43.34 RCW.
State finance committee: Chapter 43.33 RCW.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Official bonds: Chapter 42.08 RCW.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.17.110 Data, information, interdepartmental
assistance. Where power is vested in a department or
officer to inspect, examine, secure data or information from,
or procure assistance from, another department or officer,
such other department or officer shall submit to such
inspection or examination, and furnish the data, information,
or assistance required. [1965 c 8 § 43.17.110. Prior: 1921
c 7 § 128; RRS § 10886.]
43.17.120 Designation of agency to carry out federal
social security disability program. Such state agency as
the governor may designate is hereby authorized to enter into
an agreement on behalf of the state with the Secretary of
Health, Education and Welfare to carry out the provisions of
the federal social security act, as amended, relating to the
making of determinations of disability under title II of such
act. [1965 c 8 § 43.17.120. Prior: 1955 c 200 § 1.
Formerly RCW 74.44.010.]
Federal social security for public employees: Chapters 41.33, 41.41, 41.47,
and 41.48 RCW.
43.17.130 Designation of agency to carry out federal
social security disability program—Appointment of
personnel. The state agency entering into such agreement
shall appoint such professional personnel and other assistants
and employees as may be reasonably necessary to carry out
the provisions of RCW 43.17.120 and 43.17.130. [1965 c 8
§ 43.17.130. Prior: 1955 c 200 § 2. Formerly RCW
74.44.020.]
43.17.150 Receipt of property or money from
United States attorney general—Use, expenditure—
Deposit. (1) Each state agency is authorized to receive
(2002 Ed.)
Administrative Departments and Agencies—General Provisions
property or money made available by the attorney general of
the United States under section 881(e) of Title 21 of the
United States Code and, except as required to the contrary
under subsection (2) of this section, to use the property or
spend the money for such purposes as are permitted under
both federal law and the state law specifying the powers and
duties of the agency.
(2) Unless precluded by federal law, all funds received
by a state agency under section 881(e) of Title 21 of the
United States Code shall be promptly deposited into the
public safety and education account established in RCW
43.08.250. [1986 c 246 § 1.]
43.17.200 Allocation of moneys for acquisition of
works of art—Expenditure by arts commission—
Conditions. All state agencies including all state departments, boards, councils, commissions, and quasi public
corporations shall allocate, as a nondeductible item, out of
any moneys appropriated for the original construction of any
public building, an amount of one-half of one percent of the
appropriation to be expended by the Washington state arts
commission for the acquisition of works of art. The works
of art may be placed on public lands, integral to or attached
to a public building or structure, detached within or outside
a public building or structure, part of a portable exhibition or
collection, part of a temporary exhibition, or loaned or
exhibited in other public facilities. In addition to the cost of
the works of art the one-half of one percent of the appropriation as provided herein shall be used to provide for the
administration of the visual arts program by the Washington
state arts commission and all costs for installation of the
works of art. For the purpose of this section building shall
not include highway construction sheds, warehouses or other
buildings of a temporary nature. [1983 c 204 § 4; 1974 ex.s.
c 176 § 2.]
Severability—1983 c 204: See note following RCW 43.46.090.
Acquisition of works of art for public buildings and lands—Visual arts
program established: RCW 43.46.090.
Purchase of works of art
interagency reimbursement for expenditure by visual arts program: RCW
43.17.205.
procedure: RCW 43.19.455.
State art collection: RCW 43.46.095.
43.17.205 Purchase of works of art—Interagency
reimbursement for expenditure by visual arts program.
The funds allocated under RCW 43.17.200, 28A.335.210,
and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the
Washington state arts commission when the particular law
providing for the appropriation becomes effective. For
appropriations which are dependent upon the sale of bonds,
the amount or proportionate amount of the moneys under
RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be
subject to interagency reimbursement for expenditure by the
visual arts program of the Washington state arts commission
thirty days after the sale of a bond or bonds. [1990 c 33 §
574; 1983 c 204 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
(2002 Ed.)
43.17.150
43.17.210 Purchase of works of art—Procedure.
The Washington state arts commission shall determine the
amount to be made available for the purchase of art in
consultation with the agency, except where another person or
agency is specified under RCW 43.19.455, 28A.335.210, or
28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of
design, execution and placement, acceptance, maintenance,
and sale, exchange, or disposition of works of art shall be
the responsibility of the Washington state arts commission in
consultation with the directors of the state agencies. However, the costs to carry out the Washington state arts
commission’s responsibility for maintenance shall not be
funded from the moneys referred to in RCW 43.17.200,
43.19.455, 28A.335.210, or 28B.10.025, but shall be contingent upon adequate appropriations being made for that
purpose. [1990 c 33 § 575; 1983 c 204 § 5.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
43.17.230 Emergency information telephone services—Accessibility from all phones required—Charges. (1)
The legislature finds that when the state provides emergency
information by telephone to citizens that is of a critical
nature, such as road or weather hazards, the information
should be accessible from all residential, commercial, and
coin-operated telephones. Information such as road and
weather conditions should be available to all persons
traveling within the state whether they own a telephone in
this state or not.
(2) If an agency or department of the state makes
emergency information services available by telephone, the
agency or department shall ensure that the telephone line is
accessible from all coin-operated telephones in this state by
both the use of coins and the use of a telephone credit card.
(3) A state agency that provides an emergency information service by telephone may establish charges to recover
the cost of those services. However, an agency charging for
the service shall not price it at a profit to create excess
revenue for the agency. The agency shall do a total costbenefit analysis of the available methods of providing the
service and shall adopt the method that provides the service
at the lowest cost to the user and the agency.
(4) "Emergency information services," as used in this
section, includes information on road and weather conditions.
[1986 c 45 § 1.]
43.17.240 Debts owed to the state—Interest rate.
Interest at the rate of one percent per month, or fraction
thereof, shall accrue on debts owed to the state, starting on
the date the debts become past due. This section does not
apply to: (1) Any instance where such interest rate would
conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other
governmental units. The office of financial management
may adopt rules specifying circumstances under which state
agencies may waive interest, such as when assessment or
collection of interest would not be cost-effective. This
section does not affect any authority of the state to charge or
[Title 43 RCW—page 65]
43.17.240
Title 43 RCW: State Government—Executive
collect interest under any other law on a debt owed to the
state by a governmental unit. This section applies only to
debts which become due on or after July 28, 1991. [1991 c
85 § 2.]
Collection agency use by state: RCW 19.16.500.
43.17.250 County-wide planning policy. (1) Whenever a state agency is considering awarding grants or loans
for a county, city, or town planning under RCW 36.70A.040
to finance public facilities, it shall consider whether the
county, city, or town requesting the grant or loan has
adopted a comprehensive plan and development regulations
as required by RCW 36.70A.040.
(2) When reviewing competing requests from counties,
cities, or towns planning under RCW 36.70A.040, a state
agency considering awarding grants or loans for public
facilities shall accord additional preference to those counties,
cities, or towns that have adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
For the purposes of the preference accorded in this section,
a county, city, or town planning under RCW 36.70A.040 is
deemed to have satisfied the requirements for adopting a
comprehensive plan and development regulations specified
in RCW 36.70A.040 if the county, city, or town:
(a) Adopts or has adopted a comprehensive plan and
development regulations within the time periods specified in
RCW 36.70A.040;
(b) Adopts or has adopted a comprehensive plan and
development regulations before submitting a request for a
grant or loan if the county, city, or town failed to adopt a
comprehensive plan and/or development regulations within
the time periods specified in RCW 36.70A.040; or
(c) Demonstrates substantial progress toward adopting
a comprehensive plan or development regulations within the
time periods specified in RCW 36.70A.040. A county, city,
or town that is more than six months out of compliance with
the time periods specified in RCW 36.70A.040 shall not be
deemed to demonstrate substantial progress for purposes of
this section.
(3) The preference specified in subsection (2) of this
section applies only to competing requests for grants or loans
from counties, cities, or towns planning under RCW
36.70A.040. A request from a county, city, or town planning under RCW 36.70A.040 shall be accorded no additional
preference based on subsection (2) of this section over a
request from a county, city, or town not planning under
RCW 36.70A.040.
(4) Whenever a state agency is considering awarding
grants or loans for public facilities to a special district
requesting funding for a proposed facility located in a
county, city, or town planning under RCW 36.70A.040, it
shall consider whether the county, city, or town in whose
planning jurisdiction the proposed facility is located has
adopted a comprehensive plan and development regulations
as required by RCW 36.70A.040 and shall apply the preference specified in subsection (2) of this section and restricted
in subsection (3) of this section. [1999 c 164 § 601; 1991
sp.s. c 32 § 25.]
Reviser’s note: 1991 sp.s. c 32 directed that this section be added to
chapter 43.01 RCW. The placement appears inappropriate and the section
has been codified as part of chapter 43.17 RCW.
[Title 43 RCW—page 66]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note
following RCW 82.60.020.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
43.17.310 Businesses—Rules coordinator to provide
list of rules. The rules coordinator under RCW 34.05.310
shall be knowledgeable regarding the agency’s rules that
affect businesses. The rules coordinator shall provide a list
of agency rules applicable at the time of the request to a
specific class or line of business, which are limited to that
specific class or line as opposed to generic rules applicable
to most businesses, to the *business assistance center when
so requested by the *business assistance center for the
specific class or line of business. [1992 c 197 § 5.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.17.320 Interagency disputes—Alternative dispute
resolution—Definitions. For purposes of RCW 43.17.320
through 43.17.340, "state agency" means:
(1) Any agency for which the executive officer is listed
in RCW 42.17.2401(1); and
(2) The office of the secretary of state; the office of the
state treasurer; the office of the state auditor; the department
of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction.
[1993 c 279 § 2.]
Intent—1993 c 279: "It is the intent of the legislature to reduce the
number of time-consuming and costly lawsuits between state agencies by
establishing alternative dispute resolution processes available to any
agency." [1993 c 279 § 1.]
43.17.330 Interagency disputes—Alternative dispute
resolution—Methods. Whenever a dispute arises between
state agencies, agencies shall employ every effort to resolve
the dispute themselves without resorting to litigation. These
efforts shall involve alternative dispute resolution methods.
If a dispute cannot be resolved by the agencies involved, any
one of the disputing agencies may request the governor to
assist in the resolution of the dispute. The governor shall
employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such
methods may include, but are not limited to, the appointment
by the governor of a mediator, acceptable to the disputing
agencies, to assist in the resolution of the dispute. The
governor may also request assistance from the attorney
general to advise the mediator and the disputing agencies.
[1993 c 279 § 3.]
Intent—1993 c 279: See note following RCW 43.17.320.
43.17.340 Interagency disputes—Alternative dispute
resolution—Exception. RCW 43.17.320 and 43.17.330
shall not apply to any state agency that is a party to a
lawsuit, which: (1) Impleads another state agency into the
lawsuit when necessary for the administration of justice; or
(2) files a notice of appeal, petitions for review, or makes
(2002 Ed.)
Administrative Departments and Agencies—General Provisions
other filings subject to time limits, in order to preserve legal
rights and remedies. [1993 c 279 § 4.]
Intent—1993 c 279: See note following RCW 43.17.320.
43.17.350 Health-related state agencies—
Professional health services—Fee schedules. For the
purpose of accurately describing professional health services
purchased by the state, health-related state agencies may
develop fee schedules based on billing codes and service
descriptions published by the American medical association
or the United States federal health care financing administration, or develop agency unique codes and service descriptions. [1995 1st sp.s. c 6 § 20.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
43.17.360 Lease of real property—Term of a
lease—Use of proceeds—Retroactive application. (1) The
department of social and health services and other state
agencies may lease real property and improvements thereon
to a consortium of three or more counties in order for the
counties to construct or otherwise acquire correctional
facilities for juveniles or adults.
(2) A lease governed by subsection (1) of this section
shall not charge more than one dollar per year for the land
value and facilities value, during the initial term of the lease,
but the lease may include provisions for payment of any
reasonable operation and maintenance expenses incurred by
the state.
The initial term of a lease governed by subsection (1) of
this section shall not exceed twenty years, except as provided
in subsection (4) of this section. A lease renewed under
subsection (1) of this section after the initial term shall
charge the fair rental value for the land and improvements
other than those improvements paid for by a contracting
consortium. The renewed lease may also include provisions
for payment of any reasonable operation and maintenance
expenses incurred by the state. For the purposes of this
subsection, fair rental value shall be determined by the
commissioner of public lands in consultation with the
department and shall not include the value of any improvements paid for by a contracting consortium.
(3) The net proceeds generated from any lease entered
or renewed under subsection (1) of this section involving
land and facilities on the grounds of eastern state hospital
shall be used solely for the benefit of eastern state hospital
programs for the long-term care needs of patients with
mental disorders. These proceeds shall not supplant or
replace funding from traditional sources for the normal
operations and maintenance or capital budget projects. It is
the intent of this subsection to ensure that eastern state
hospital receives the full benefit intended by this section, and
that such effect will not be diminished by budget adjustments inconsistent with this intent.
(4) The initial term of a lease under subsection (1) of
this section entered into after January 1, 1996, and involving
the grounds of Eastern State hospital, shall not exceed fifty
years. This subsection applies retroactively, and the department shall modify any existing leases to comply with the
terms of this subsection. No other terms of a lease modified
(2002 Ed.)
43.17.340
by this subsection may be modified unless both parties
agree. [1997 c 349 § 1; 1996 c 261 § 2.]
Severability—1997 c 349: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 349 § 2.]
Effective date—1997 c 349: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 13, 1997]." [1997 c 349 § 3.]
43.17.370 Prerelease copy of report or study to
local government. (1) An agency, prior to releasing a final
report or study regarding management by a county, city,
town, special purpose district, or other unit of local government of a program delegated to the local government by
the agency or for which the agency has regulatory responsibility, shall provide copies of a draft of the report or study
at least two weeks in advance of the release of the final
report or study to the legislative body of the local government. The agency shall, at the request of a local government
legislative body, meet with the legislative body before the
release of a final report or study regarding the management
of such a program.
(2) For purposes of this section, "agency" means an
office, department, board, commission, or other unit of state
government, other than a unit of state government headed by
a separately elected official. [1997 c 409 § 603.]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Chapter 43.19
DEPARTMENT OF GENERAL ADMINISTRATION
Sections
43.19.010
43.19.011
43.19.015
43.19.025
43.19.123
43.19.125
43.19.180
43.19.185
43.19.190
43.19.1901
43.19.1905
43.19.19052
43.19.19054
43.19.1906
43.19.1908
43.19.1911
Director—Authority, appointment, salary.
Director—Powers and duties.
Certain powers and duties of director of public institutions transferred to director of financial institutions.
General administration services account.
Powers, duties, and functions pertaining to energy efficiency in public buildings—Transfer from state
energy office—References to director or state
energy office.
Powers and duties—Division of capitol buildings.
State purchasing and material control director—
Appointment—Personnel.
State purchasing and material control director—System
for the use of credit cards or similar devices to be
developed—Rules.
State purchasing and material control director—Powers
and duties.
"Purchase" includes leasing or renting—Electronic data
processing equipment excepted.
Statewide policy for purchasing and material control—
Establishment—Functions covered.
Initial purchasing and material control policy—
Legislative intent—Agency cooperation.
Exemptions from statewide policy for purchasing and
material control.
Competitive bids—Sealed bids, exceptions.
Bids—Solicitation, notices—Qualified bidders—Writing.
Competitive bids—Notice of modification or
cancellation—Cancellation requirements—Lowest
responsible bidder—Preferential purchase—Life
cycle costing.
[Title 43 RCW—page 67]
Chapter 43.19
43.19.1913
43.19.1914
43.19.1915
43.19.1917
43.19.1919
43.19.19190
43.19.19191
43.19.1920
43.19.19201
43.19.1921
43.19.1923
43.19.1925
43.19.1932
43.19.1937
43.19.1939
43.19.200
43.19.450
43.19.455
43.19.500
43.19.501
43.19.520
43.19.525
43.19.530
43.19.534
43.19.535
43.19.536
43.19.538
43.19.558
43.19.560
43.19.565
43.19.570
43.19.575
43.19.585
43.19.590
43.19.595
43.19.600
Title 43 RCW: State Government—Executive
Rejection of bid for previous unsatisfactory performance.
Low bidder claiming error—Prohibition on later bid for
same project.
Bidder’s bond—Annual bid bond.
Records of equipment owned by state—Inspection—
"State equipment" defined.
Surplus personal property—Sale, exchange—Exceptions
and limitations.
Surplus property—Exemption for original or historic
state capitol furnishings.
Surplus computers and computer-related equipment—
Donation to school districts or educational service
districts.
Surplus personal property—Donation to emergency
shelters.
Affordable housing—Inventory of suitable property.
Central stores warehouse facilities—Central maintenance, repair—Sales, exchanges, between state
agencies.
General administration services account—Use.
Combined purchases of commonly used items—
Advance payments by state agencies—Costs of
operating central stores.
Correctional industries goods and services—Sales and
purchases.
Acceptance of benefits, gifts, etc., prohibited—Penalties.
Unlawful to offer, give, accept, benefits as inducement
for or to refrain from bidding—Penalty.
Duty of others in relation to purchases—Emergency
purchases—Written notifications.
Supervisor of engineering and architecture—
Qualifications—Appointment—Powers and duties—Delegation of authority.
Purchase of works of art—Procedure.
General administration services account—Use.
Thurston county capital facilities account.
Purchase of products and services from sheltered workshops and programs—Intent.
Purchase of products and services from sheltered workshops and programs—Definitions.
Purchase of products and services from sheltered workshops and programs—Authorized—Fair market
price.
Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from outside the state—Rules.
Purchase of goods and services from inmate work programs.
Contracts subject to requirements established under
office of minority and women’s business enterprises.
Purchase of products containing recycled material—
Preference—Specifications and rules—Review.
Motor vehicle management programs—Costs.
Motor vehicle transportation service—Definitions.
Motor vehicle transportation service—Powers and duties.
Motor vehicle transportation service—Responsibilities—
Agreements with other agencies—Alternative fuels
and clean technologies.
Passenger motor vehicles owned or operated by state
agencies—Duty of the office of financial management to establish policies as to acquisition, operation, authorized use, etc.
Motor vehicle transportation service—Supervisor of
motor transport—Powers and duties.
Motor vehicle transportation service—Transfer of employees—Retention of employment rights.
Motor vehicle transportation service—Transfer of motor
vehicles, property, etc., from motor pool to department.
Motor vehicle transportation service—Transfer of passenger motor vehicles to department from other
agencies—Studies.
[Title 43 RCW—page 68]
43.19.605
Motor vehicle transportation service—Reimbursement
for property transferred—Credits—Accounting—
Disputes.
43.19.610
General administration services account—Sources—
Disbursements.
43.19.615
Motor vehicle transportation service—Deposits—
Disbursements.
43.19.620
Motor vehicle transportation service—Rules and regulations.
43.19.625
Employee commuting in state owned or leased vehicle—Policies and regulations.
43.19.630
Motor vehicle transportation service—Use of personal
motor vehicle.
43.19.635
Motor vehicle transportation service—Unauthorized use
of state vehicles—Procedure—Disciplinary action.
43.19.637
Clean-fuel vehicles—Purchasing requirements.
43.19.663
Clean technologies—Purchase.
43.19.668
Energy conservation—Legislative finding—Declaration.
43.19.669
Energy conservation—Purpose.
43.19.670
Energy conservation—Definitions.
43.19.675
Energy audits of state-owned facilities required—
Completion dates.
43.19.680
Implementation of energy conservation and maintenance
procedures after walk-through survey—Investment
grade audit—Reports—Contracts with energy
service companies, staffing.
43.19.682
Energy conservation to be included in landscape objectives.
43.19.685
Lease covenants, conditions, and terms to be developed—Applicability.
43.19.700
In-state preference clauses—Finding—Intent.
43.19.702
List of statutes and regulations of each state on state
purchasing which grant preference to in-state vendors.
43.19.704
Rules for reciprocity in bidding.
43.19.706
Purchase of Washington agricultural products—Report
to the legislature.
43.19.710
Consolidated mail service—Definitions.
43.19.715
Consolidated mail service—Area served.
43.19.720
Consolidated mail service—Review needs of state agencies.
Archives and records management division: Chapter 40.14 RCW.
Buildings, provision to be made for use by aged and handicapped: Chapter
70.92 RCW.
Capitol campus design advisory committee: RCW 43.34.080.
Department created: RCW 43.17.010.
Director
appointment: RCW 43.17.020.
chief assistants: RCW 43.17.040.
control of traffic on capitol grounds: RCW 46.08.150.
oath: RCW 43.17.030.
vacancy in office of: RCW 43.17.020, 43.17.040.
East capitol site, powers and duties: Chapter 79.24 RCW.
Federal surplus property, powers and duties: Chapter 39.32 RCW.
Housing for state offices, departments, and institutions: Chapter 43.82
RCW.
Inventory of state-owned property: RCW 27.34.310, 43.19.19201,
43.20A.035, 43.20A.037, 43.41.150, 43.63A.510, 43.82.150, 47.12.064,
72.09.055, and 79.01.006.
Office located at state capital: RCW 43.17.050.
Parking facilities and traffic on capitol grounds: RCW 46.08.150 and
79.24.300 through 79.24.320.
Rules and regulations: RCW 43.17.060.
43.19.010 Director—Authority, appointment, salary.
The director of general administration shall be the executive
head of the department of general administration. The
director shall be appointed by the governor with the consent
of the senate, and shall serve at the pleasure of the governor.
The director shall receive a salary in an amount fixed by the
(2002 Ed.)
Department of General Administration
governor in accordance with RCW 43.03.040. [1999 c 229
§ 1; 1993 c 472 § 19; 1988 c 25 § 10; 1975 1st ex.s. c 167
§ 1; 1965 c 8 § 43.19.010. Prior: 1959 c 301 § 1; 1955 c
285 § 4; 1955 c 195 § 6; 1935 c 176 § 11; prior: 1909 c 38
§§ 1-7; 1907 c 166 §§ 3-5; 1901 c 119 §§ 1-9; RRS §
10786-10.]
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Severability—1975 1st ex.s. c 167: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1975 amendatory act, or the application of the
provision to other persons or circumstances is not affected." [1975 1st ex.s.
c 167 § 20.]
43.19.011 Director—Powers and duties. (1) The
director of general administration shall supervise and
administer the activities of the department of general administration and shall advise the governor and the legislature
with respect to matters under the jurisdiction of the department.
(2) In addition to other powers and duties granted to the
director, the director shall have the following powers and
duties:
(a) Enter into contracts on behalf of the state to carry
out the purposes of this chapter;
(b) Accept and expend gifts and grants that are related
to the purposes of this chapter, whether such grants be of
federal or other funds;
(c) Appoint a deputy director and such assistant directors and special assistants as may be needed to administer
the department. These employees are exempt from the
provisions of chapter 41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW
and perform all other functions necessary and proper to carry
out the purposes of this chapter;
(e) Delegate powers, duties, and functions as the
director deems necessary for efficient administration, but the
director shall be responsible for the official acts of the
officers and employees of the department; and
(f) Perform other duties as are necessary and consistent
with law.
(3) The director may establish additional advisory
groups as may be necessary to carry out the purposes of this
chapter.
(4) The internal affairs of the department shall be under
the control of the director in order that the director may
manage the department in a flexible and intelligent manner
as dictated by changing contemporary circumstances. Unless
specifically limited by law, the director shall have complete
charge and supervisory powers over the department. The
director may create such administrative structures as the
director deems appropriate, except as otherwise specified by
law, and the director may employ such personnel as may be
necessary in accordance with chapter 41.06 RCW, except as
otherwise provided by law. [1999 c 229 § 2.]
43.19.015 Certain powers and duties of director of
public institutions transferred to director of financial
institutions. The director of financial institutions shall have
the power and duties of the director of public institutions
contained in the following chapters of RCW: Chapter 33.04
RCW concerning savings and loan associations; and chapter
(2002 Ed.)
43.19.010
39.32 RCW concerning purchase of federal property. [1994
c 92 § 495; 1984 c 29 § 2; 1983 c 3 § 101; 1981 c 115 § 2;
1965 c 8 § 43.19.015. Prior: 1955 c 285 § 18.]
Effective date—1981 c 115: See note following RCW 40.14.020.
43.19.025 General administration services account.
The general administration services account is created in the
custody of the state treasurer and shall be used for all
activities previously budgeted and accounted for in the
following internal service funds: The motor transport
account, the general administration management fund, the
general administration facilities and services revolving fund,
the central stores revolving fund, the surplus property
purchase revolving fund, and the energy efficiency services
account. Only the director or the director’s designee may
authorize expenditures from the account. The account is
subject to the allotment procedures under chapter 43.88
RCW. [2002 c 332 § 3; 2001 c 292 § 2; 1998 c 105 § 1.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1998 c 105: "This act takes effect July 1, 1999."
[1998 c 105 § 18.]
43.19.123 Powers, duties, and functions pertaining
to energy efficiency in public buildings—Transfer from
state energy office—References to director or state
energy office. (1) All powers, duties, and functions of the
state energy office pertaining to energy efficiency in public
buildings are transferred to the department of general
administration. All references to the director or the state
energy office in the Revised Code of Washington shall be
construed to mean the director or the department of general
administration when referring to the functions transferred in
this section.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the department of general administration. All cabinets, furniture,
office equipment, software, data base, motor vehicles, and
other tangible property employed by the state energy office
in carrying out the powers, functions, and duties transferred
shall be made available to the department of general administration. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall
be assigned to the department of general administration.
(b) Any appropriations made to the state energy office
for carrying out the powers, functions, and duties transferred
shall, on July 1, 1996, be transferred and credited to the
department of general administration.
(c) Whenever any question arises as to the transfer of
any personnel, funds, books, documents, records, papers,
files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties
and functions transferred, the director of financial management shall make a determination as to the proper allocation
and certify the same to the state agencies concerned.
(3) Within funds available, employees of the state
energy office whose primary responsibility is performing the
powers, functions, and duties pertaining to energy efficiency
in public buildings are transferred to the jurisdiction of the
[Title 43 RCW—page 69]
43.19.123
Title 43 RCW: State Government—Executive
department of general administration. All employees
classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of general administration
to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action
that may be appropriate thereafter in accordance with the
laws and rules governing state civil service.
(4) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of general administration. All existing contracts and
obligations, excluding personnel contracts and obligations,
shall remain in full force and shall be performed by the
department of general administration.
(5) The transfer of the powers, duties, functions, and
personnel of the state energy office shall not affect the
validity of any act performed before July 1, 1996.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [1996 c
186 § 401.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
43.19.125 Powers and duties—Division of capitol
buildings. The director of general administration, through
the division of capitol buildings, shall have custody and
control of the capitol buildings and grounds, supervise and
direct proper care, heating, lighting and repairing thereof,
and designate rooms in the capitol buildings to be occupied
by various state officials. [1965 c 8 § 43.19.125. Prior:
1959 c 301 § 2; 1955 c 285 § 9.]
Capitol campus design advisory committee: RCW 43.34.080.
East capitol site, acquisition and development: RCW 79.24.500 through
79.24.600.
Housing for state offices: Chapter 43.82 RCW.
Parking facilities and traffic on capitol grounds: RCW 79.24.300 through
79.24.320, 46.08.150.
Public buildings, earthquake standards for construction: Chapter 70.86
RCW.
43.19.180 State purchasing and material control
director—Appointment—Personnel. The director of
general administration shall appoint and deputize an assistant
director to be known as the state purchasing and material
control director, who shall have charge and supervision of
the division of purchasing. In this capacity he shall ensure
that overall state purchasing and material control policy is
implemented by state agencies, including educational
institutions, within established time limits.
With the approval of the director of general administration, he may appoint and employ such assistants and personnel as may be necessary to carry on the work of the division.
[1975-’76 2nd ex.s. c 21 § 1; 1965 c 8 § 43.19.180. Prior:
1955 c 285 § 10; 1935 c 176 § 16; RRS § 10786-15; prior:
1921 c 7 § 31; RRS § 10789.]
Severability—1975-’76 2nd ex.s. c 21: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
[Title 43 RCW—page 70]
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 21 § 14.]
43.19.185 State purchasing and material control
director—System for the use of credit cards or similar
devices to be developed—Rules. (1) The director of
general administration through the state purchasing and
material control director shall develop a system for state
agencies and departments to use credit cards or similar
devices to make purchases. The director may contract to
administer the credit cards.
(2) The director of general administration through the
state purchasing and material control director shall adopt
rules for:
(a) The distribution of the credit cards;
(b) The authorization and control of the use of the credit
cards;
(c) The credit limits available on the credit cards;
(d) Instructing users of gasoline credit cards to use selfservice islands whenever possible;
(e) Payments of the bills; and
(f) Any other rule necessary to implement or administer
the program under this section. [1987 c 47 § 1; 1982 1st
ex.s. c 45 § 1.]
43.19.190 State purchasing and material control
director—Powers and duties. The director of general
administration, through the state purchasing and material
control director, shall:
(1) Establish and staff such administrative organizational
units within the division of purchasing as may be necessary
for effective administration of the provisions of RCW
43.19.190 through 43.19.1939;
(2) Purchase all material, supplies, services, and
equipment needed for the support, maintenance, and use of
all state institutions, colleges, community colleges, technical
colleges, college districts, and universities, the offices of the
elective state officers, the supreme court, the court of
appeals, the administrative and other departments of state
government, and the offices of all appointive officers of the
state: PROVIDED, That the provisions of RCW 43.19.190
through 43.19.1937 do not apply in any manner to the
operation of the state legislature except as requested by the
legislature: PROVIDED, That any agency may purchase
material, supplies, services, and equipment for which the
agency has notified the purchasing and material control
director that it is more cost-effective for the agency to make
the purchase directly from the vendor: PROVIDED, That
primary authority for the purchase of specialized equipment,
instructional, and research material for their own use shall
rest with the colleges, community colleges, and universities:
PROVIDED FURTHER, That universities operating hospitals
and the state purchasing and material control director, as the
agent for state hospitals as defined in RCW 72.23.010, and
for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans’
institutions as defined in RCW 72.36.010 and 72.36.070,
may make purchases for hospital operation by participating
in contracts for materials, supplies, and equipment entered
into by nonprofit cooperative hospital group purchasing
organizations: PROVIDED FURTHER, That primary
authority for the purchase of materials, supplies, and equip(2002 Ed.)
Department of General Administration
ment for resale to other than public agencies shall rest with
the state agency concerned: PROVIDED FURTHER, That
authority to purchase services as included herein does not
apply to personal services as defined in chapter 39.29 RCW,
unless such organization specifically requests assistance from
the division of purchasing in obtaining personal services and
resources are available within the division to provide such
assistance: PROVIDED FURTHER, That the authority for
the purchase of insurance and bonds shall rest with the risk
manager under *RCW 43.19.1935: PROVIDED FURTHER,
That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to
provide purchasing services for institutions of higher
education that choose to exercise independent purchasing
authority under RCW 28B.10.029: PROVIDED FURTHER,
That the authority to purchase interpreter services and
interpreter brokerage services on behalf of limited-English
speaking or sensory-impaired applicants and recipients of
public assistance shall rest with the department of social and
health services;
(3) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify
restrictions as to dollar amount or to specific types of
material, equipment, services, and supplies. Acceptance of
the purchasing authorization by a state agency does not
relieve such agency from conformance with other sections of
RCW 43.19.190 through 43.19.1939, or from policies established by the director. Also, delegation of such authorization
to a state agency, including an educational institution to
which this section applies, to purchase or sell material,
equipment, services, and supplies shall not be granted, or
otherwise continued under a previous authorization, if such
agency is not in substantial compliance with overall state
purchasing and material control policies as established
herein;
(4) Contract for the testing of material, supplies, and
equipment with public and private agencies as necessary and
advisable to protect the interests of the state;
(5) Prescribe the manner of inspecting all deliveries of
supplies, materials, and equipment purchased through the
division;
(6) Prescribe the manner in which supplies, materials,
and equipment purchased through the division shall be
delivered, stored, and distributed;
(7) Provide for the maintenance of a catalogue library,
manufacturers’ and wholesalers’ lists, and current market
information;
(8) Provide for a commodity classification system and
may, in addition, provide for the adoption of standard
specifications;
(9) Provide for the maintenance of inventory records of
supplies, materials, and other property;
(10) Prepare rules and regulations governing the
relationship and procedures between the division of purchasing and state agencies and vendors;
(11) Publish procedures and guidelines for compliance
by all state agencies, including those educational institutions
to which this section applies, which implement overall state
purchasing and material control policies;
(12) Advise state agencies, including educational
institutions, regarding compliance with established purchasing and material control policies under existing statutes.
(2002 Ed.)
43.19.190
[2002 c 200 § 3; 1995 c 269 § 1401; 1994 c 138 § 1; 1993
sp.s. c 10 § 2; 1993 c 379 § 102; 1991 c 238 § 135. Prior:
1987 c 414 § 10; 1987 c 70 § 1; 1980 c 103 § 1; 1979 c 88
§ 1; 1977 ex.s. c 270 § 4; 1975-’76 2nd ex.s. c 21 § 2; 1971
c 81 § 110; 1969 c 32 § 3; prior: 1967 ex.s. c 104 § 2;
1967 ex.s. c 8 § 51; 1965 c 8 § 43.19.190; prior: 1959 c
178 § 1; 1957 c 187 § 1; 1955 c 285 § 12; prior: (i) 1935
c 176 § 21; RRS § 10786-20. (ii) 1921 c 7 § 42; RRS §
10800. (iii) 1955 c 285 § 12; 1921 c 7 § 37, part; RRS §
10795, part.]
*Reviser’s note: RCW 43.19.1935 was recodified as RCW 43.41.310
pursuant to 2002 c 332 § 25.
Findings—2002 c 200: See note following RCW 39.29.040.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Purpose—1993 sp.s. c 10: "The legislature recognizes the need for
state agencies to maximize the buying power of increasingly scarce
resources for the purchase of goods and services. The legislature seeks to
provide state agencies with the ability to purchase goods and services at the
lowest cost." [1993 sp.s. c 10 § 1.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1987 c 414: See RCW 39.29.900.
Severability—1980 c 103: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 103 § 3.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
Federal surplus property: Chapter 39.32 RCW.
Purchase of blind made products and services: Chapter 19.06 RCW.
43.19.1901 "Purchase" includes leasing or renting—
Electronic data processing equipment excepted. The term
"purchase" as used in RCW 43.19.190 through 43.19.200,
and as they may hereafter be amended, shall include leasing
or renting: PROVIDED, That the purchasing, leasing or
renting of electronic data processing equipment shall not be
included in the term "purchasing" if and when such transactions are otherwise expressly provided for by law.
The acquisition of job services and all other services for
the family independence program under *chapter 74.21 RCW
shall not be included in the term "purchasing" under this
chapter. [1987 c 434 § 23; 1983 c 3 § 102; 1967 ex.s. c 104
§ 1.]
*Reviser’s note: Chapter 74.21 RCW expired June 30, 1993,
pursuant to 1988 c 43 § 5.
43.19.1905 Statewide policy for purchasing and
material control—Establishment—Functions covered.
The director of general administration shall establish overall
state policy for compliance by all state agencies, including
educational institutions, regarding the following purchasing
and material control functions:
(1) Development of a state commodity coding system,
including common stock numbers for items maintained in
stores for reissue;
[Title 43 RCW—page 71]
43.19.1905
Title 43 RCW: State Government—Executive
(2) Determination where consolidations, closures, or
additions of stores operated by state agencies and educational
institutions should be initiated;
(3) Institution of standard criteria for determination of
when and where an item in the state supply system should
be stocked;
(4) Establishment of stock levels to be maintained in
state stores, and formulation of standards for replenishment
of stock;
(5) Formulation of an overall distribution and redistribution system for stock items which establishes sources of
supply support for all agencies, including interagency supply
support;
(6) Determination of what function data processing
equipment, including remote terminals, shall perform in
statewide purchasing and material control for improvement
of service and promotion of economy;
(7) Standardization of records and forms used statewide
for supply system activities involving purchasing, receiving,
inspecting, storing, requisitioning, and issuing functions,
including a standard notification form for state agencies to
report cost-effective direct purchases, which shall at least
identify the price of the goods as available through the
division of purchasing, the price of the goods as available
from the alternative source, the total savings, and the
signature of the notifying agency’s director or the director’s
designee;
(8) Screening of supplies, material, and equipment
excess to the requirements of one agency for overall state
need before sale as surplus;
(9) Establishment of warehouse operation and storage
standards to achieve uniform, effective, and economical
stores operations;
(10) Establishment of time limit standards for the
issuing of material in store and for processing requisitions
requiring purchase;
(11) Formulation of criteria for determining when
centralized rather than decentralized purchasing shall be used
to obtain maximum benefit of volume buying of identical or
similar items, including procurement from federal supply
sources;
(12) Development of criteria for use of leased, rather
than state owned, warehouse space based on relative cost and
accessibility;
(13) Institution of standard criteria for purchase and
placement of state furnished materials, carpeting, furniture,
fixtures, and nonfixed equipment, in newly constructed or
renovated state buildings;
(14) Determination of how transportation costs incurred
by the state for materials, supplies, services, and equipment
can be reduced by improved freight and traffic coordination
and control;
(15) Establishment of a formal certification program for
state employees who are authorized to perform purchasing
functions as agents for the state under the provisions of
chapter 43.19 RCW;
(16) Development of performance measures for the
reduction of total overall expense for material, supplies,
equipment, and services used each biennium by the state;
(17) Establishment of a standard system for all state
organizations to record and report dollar savings and cost
avoidance which are attributable to the establishment and
[Title 43 RCW—page 72]
implementation of improved purchasing and material control
procedures;
(18) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of
purchasing and material control services;
(19) Resolution of all other purchasing and material
matters which require the establishment of overall statewide
policy for effective and economical supply management;
(20) Development of guidelines and criteria for the
purchase of vehicles, high gas mileage vehicles, alternate
vehicle fuels and systems, equipment, and materials that
reduce overall energy-related costs and energy use by the
state, including investigations into all opportunities to
aggregate the purchasing of clean technologies by state and
local governments, and including the requirement that new
passenger vehicles purchased by the state meet the minimum
standards for passenger automobile fuel economy established
by the United States secretary of transportation pursuant to
the energy policy and conservation act (15 U.S.C. Sec.
2002);
(21) Development of goals for state use of recycled or
environmentally preferable products through specifications
for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and
contract negotiations. [2002 c 299 § 5; 2002 c 285 § 1;
1995 c 269 § 1402; 1993 sp.s. c 10 § 3; 1987 c 504 § 16;
1980 c 172 § 7; 1975-’76 2nd ex.s. c 21 § 5.]
Reviser’s note: This section was amended by 2002 c 285 § 1 and by
2002 c 299 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Notification forms—1993 sp.s. c 10: "The department of general
administration shall forward copies of notification forms required under
RCW 43.19.1905(7) to the office of financial management. By September
1, 1994, the department of general administration shall report to the house
of representatives fiscal committees and senate ways and means committee
on the volume and type of purchases made and the aggregate savings
identified by state agencies making purchases as authorized by this act for
fiscal year 1994." [1993 sp.s. c 10 § 4.]
Purpose—1993 sp.s. c 10: See note following RCW 43.19.190.
Severability—Effective date—1987 c 504: See RCW 43.105.901
and 43.105.902.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
Energy conservation—Legislative finding—Declaration—Purpose: RCW
43.19.668 and 43.19.669.
43.19.19052 Initial purchasing and material control
policy—Legislative intent—Agency cooperation. Initial
policy determinations for the functions described in RCW
43.19.1905 shall be developed and published within the
1975-77 biennium by the director for guidance and compliance by all state agencies, including educational institutions,
involved in purchasing and material control. Modifications
to these initial supply management policies established
during the 1975-77 biennium shall be instituted by the
director in future biennia as required to maintain an efficient
and up-to-date state supply management system.
It is the intention of the legislature that measurable improvements in the effectiveness and economy of supply
(2002 Ed.)
Department of General Administration
management in state government shall be achieved during
the 1975-77 biennium, and each biennium thereafter. All
agencies, departments, offices, divisions, boards, and
commissions and educational, correctional, and other types
of institutions are required to cooperate with and support the
development and implementation of improved efficiency and
economy in purchasing and material control. To effectuate
this legislative intention, the director, through the state
purchasing and material control director, shall have the
authority to direct and require the submittal of data from all
state organizations concerning purchasing and material
control matters. [1998 c 245 § 54; 1995 c 269 § 1403; 1986
c 158 § 9; 1979 c 151 § 98; 1975-’76 2nd ex.s. c 21 § 6.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.19054 Exemptions from statewide policy for
purchasing and material control. The provisions of RCW
43.19.1905 shall not apply to materials, supplies, and equipment purchased for resale to other than public agencies by
state agencies, including educational institutions. In addition,
RCW 43.19.1905 shall not apply to liquor purchased by the
state for resale under the provisions of Title 66 RCW.
[1975-’76 2nd ex.s. c 21 § 7.]
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1906 Competitive bids—Sealed bids, exceptions. Insofar as practicable, all purchases and sales shall be
based on competitive bids, and a formal sealed bid procedure
shall be used as standard procedure for all purchases and
contracts for purchases and sales executed by the state
purchasing and material control director and under the
powers granted by RCW 43.19.190 through 43.19.1939.
This requirement also applies to purchases and contracts for
purchases and sales executed by agencies, including educational institutions, under delegated authority granted in
accordance with provisions of RCW 43.19.190 or under
RCW 28B.10.029. However, formal sealed bidding is not
necessary for:
(1) Emergency purchases made pursuant to RCW
43.19.200 if the sealed bidding procedure would prevent or
hinder the emergency from being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars,
or subsequent limits as calculated by the office of financial
management: PROVIDED, That the state director of general
administration shall establish procedures to assure that
purchases made by or on behalf of the various state agencies
shall not be made so as to avoid the thirty-five thousand
dollar bid limitation, or subsequent bid limitations as
calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material
control director is authorized to reduce the formal sealed bid
limits of thirty-five thousand dollars, or subsequent limits as
calculated by the office of financial management, to a lower
dollar amount for purchases by individual state agencies if
considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state
efficiency and economy in purchasing and material control.
(2002 Ed.)
43.19.19052
Quotations from three thousand dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office
of financial management, shall be secured from at least three
vendors to assure establishment of a competitive price and
may be obtained by telephone or written quotations, or both.
The agency shall invite at least one quotation each from a
certified minority and a certified women-owned vendor who
shall otherwise qualify to perform such work. Immediately
after the award is made, the bid quotations obtained shall be
recorded and open to public inspection and shall be available
by telephone inquiry. A record of competition for all such
purchases from three thousand dollars to thirty-five thousand
dollars, or subsequent limits as calculated by the office of
financial management, shall be documented for audit
purposes. Purchases up to three thousand dollars may be
made without competitive bids based on buyer experience
and knowledge of the market in achieving maximum quality
at minimum cost;
(3) Purchases which are clearly and legitimately limited
to a single source of supply and purchases involving special
facilities, services, or market conditions, in which instances
the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk
management division under RCW 43.41.310;
(5) Purchases and contracts for vocational rehabilitation
clients of the department of social and health services:
PROVIDED, That this exemption is effective only when the
state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health
services procurement personnel, declares that such purchases
may be best executed through direct negotiation with one or
more suppliers in order to expeditiously meet the special
needs of the state’s vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or
biomedical teaching or research purposes and by the state
purchasing and material control director, as the agent for
state hospitals as defined in RCW 72.23.010, and for health
care programs provided in state correctional institutions as
defined in RCW 72.65.010(3) and veterans’ institutions as
defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment
entered into by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases for resale by institutions of higher
education to other than public agencies when such purchases
are for the express purpose of supporting instructional
programs and may best be executed through direct negotiation with one or more suppliers in order to meet the special
needs of the institution;
(8) Purchases by institutions of higher education not
exceeding thirty-five thousand dollars: PROVIDED, That
for purchases between three thousand dollars and thirty-five
thousand dollars quotations shall be secured from at least
three vendors to assure establishment of a competitive price
and may be obtained by telephone or written quotations, or
both. For purchases between three thousand dollars and
thirty-five thousand dollars, each institution of higher
education shall invite at least one quotation each from a
certified minority and a certified women-owned vendor who
shall otherwise qualify to perform such work. A record of
[Title 43 RCW—page 73]
43.19.1906
Title 43 RCW: State Government—Executive
competition for all such purchases made from three thousand
to thirty-five thousand dollars shall be documented for audit
purposes; and
(9) Negotiation of a contract by the department of
transportation, valid until June 30, 2001, with registered tow
truck operators to provide roving service patrols in one or
more Washington state patrol tow zones whereby those
registered tow truck operators wishing to participate would
cooperatively, with the department of transportation, develop
a demonstration project upon terms and conditions negotiated
by the parties.
Beginning on July 1, 1995, and on July 1 of each
succeeding odd-numbered year, the dollar limits specified in
this section shall be adjusted as follows: The office of
financial management shall calculate such limits by adjusting
the previous biennium’s limits by the appropriate federal
inflationary index reflecting the rate of inflation for the
previous biennium. Such amounts shall be rounded to the
nearest one hundred dollars. However, the three thousand
dollar figure in subsections (2) and (8) of this section may
not be adjusted to exceed five thousand dollars. [2002 c 332
§ 4. Prior: 1999 sp.s. c 1 § 606; 1999 c 195 § 1; 1999 c
106 § 1; 1995 c 269 § 1404; 1994 c 300 § 1; 1993 c 379 §
103; 1992 c 85 § 1; prior: 1987 c 81 § 1; 1987 c 70 § 2;
1985 c 342 § 1; 1984 c 102 § 3; 1983 c 141 § 1; 1980 c 103
§ 2; 1979 ex.s. c 14 § 1; 1977 ex.s. c 270 § 5; 1975-’76 2nd
ex.s. c 21 § 8; 1965 c 8 § 43.19.1906; prior: 1959 c 178 §
4.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Severability—1999 sp.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 sp.s. c 1 § 619.]
Effective date—1999 sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [May 27, 1999]." [1999 sp.s. c 1 § 620.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Findings—1984 c 102: See note following RCW 43.19.200.
Severability—1980 c 103: See note following RCW 43.19.190.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1908 Bids—Solicitation, notices—Qualified
bidders—Writing. Competitive bidding required by RCW
43.19.190 through 43.19.1939 shall be solicited by public
notice, and through the sending of notices by mail, electronic
transmission, or other means to bidders on the appropriate
list of bidders who shall have qualified by application to the
division of purchasing. Bids may be solicited by the
purchasing division from any source thought to be of
advantage to the state. All bids shall be in writing and conform to rules of the division of purchasing. [1994 c 300 §
2; 1965 c 8 § 43.19.1908. Prior: 1959 c 178 § 5.]
43.19.1911 Competitive bids—Notice of modification or cancellation—Cancellation requirements—Lowest
[Title 43 RCW—page 74]
responsible bidder—Preferential purchase—Life cycle
costing. (1) Preservation of the integrity of the competitive
bid system dictates that after competitive bids have been
opened, award must be made to that responsible bidder who
submitted the lowest responsive bid pursuant to subsections
(7) and (9) of this section, unless there is a compelling
reason to reject all bids and cancel the solicitation.
(2) Every effort shall be made to anticipate changes in
a requirement before the date of opening and to provide
reasonable notice to all prospective bidders of any resulting
modification or cancellation. If, in the opinion of the
purchasing agency, division, or department head, it is not
possible to provide reasonable notice, the published date for
receipt of bids may be postponed and all known bidders
notified. This will permit bidders to change their bids and
prevent unnecessary exposure of bid prices. In addition,
every effort shall be made to include realistic, achievable
requirements in a solicitation.
(3) After the opening of bids, a solicitation may not be
canceled and resolicited solely because of an increase in
requirements for the items being acquired. Award may be
made on the initial solicitation and an increase in requirements may be treated as a new acquisition.
(4) A solicitation may be canceled and all bids rejected
before award but after bid opening only when, consistent
with subsection (1) of this section, the purchasing agency,
division, or department head determines in writing that:
(a) Unavailable, inadequate, ambiguous specifications,
terms, conditions, or requirements were cited in the solicitation;
(b) Specifications, terms, conditions, or requirements
have been revised;
(c) The supplies or services being contracted for are no
longer required;
(d) The solicitation did not provide for consideration of
all factors of cost to the agency;
(e) Bids received indicate that the needs of the agency
can be satisfied by a less expensive article differing from
that for which the bids were invited;
(f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the agency
cannot determine the reasonableness of the bid price;
(g) No responsive bid has been received from a responsible bidder; or
(h) The bid process was not fair or equitable.
(5) The agency, division, or department head may not
delegate his or her authority under this section.
(6) After the opening of bids, an agency may not reject
all bids and enter into direct negotiations to complete the
planned acquisition. However, the agency can enter into
negotiations exclusively with the lowest responsible bidder
in order to determine if the lowest responsible bid may be
improved. An agency shall not use this negotiation opportunity to permit a bidder to change a nonresponsive bid into a
responsive bid.
(7) In determining the lowest responsible bidder, the
agency shall consider any preferences provided by law to
Washington products and vendors and to RCW 43.19.704,
and further, may take into consideration the quality of the
articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of
delivery.
(2002 Ed.)
Department of General Administration
(8) Each bid with the name of the bidder shall be
entered of record and each record, with the successful bid
indicated, shall, after letting of the contract, be open to
public inspection.
(9) In determining "lowest responsible bidder", in
addition to price, the following elements shall be given
consideration:
(a) The ability, capacity, and skill of the bidder to
perform the contract or provide the service required;
(b) The character, integrity, reputation, judgment,
experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within
the time specified;
(d) The quality of performance of previous contracts or
services;
(e) The previous and existing compliance by the bidder
with laws relating to the contract or services;
(f) Such other information as may be secured having a
bearing on the decision to award the contract: PROVIDED,
That in considering bids for purchase, manufacture, or lease,
and in determining the "lowest responsible bidder," whenever
there is reason to believe that applying the "life cycle
costing" technique to bid evaluation would result in lowest
total cost to the state, first consideration shall be given by
state purchasing activities to the bid with the lowest life
cycle cost which complies with specifications. "Life cycle
cost" means the total cost of an item to the state over its
estimated useful life, including costs of selection, acquisition,
operation, maintenance, and where applicable, disposal, as
far as these costs can reasonably be determined, minus the
salvage value at the end of its estimated useful life. The
"estimated useful life" of an item means the estimated time
from the date of acquisition to the date of replacement or
disposal, determined in any reasonable manner. Nothing in
this section shall prohibit any state agency, department,
board, commission, committee, or other state-level entity
from allowing for preferential purchase of products made
from recycled materials or products that may be recycled or
reused. [1996 c 69 § 2; 1989 c 431 § 60; 1983 c 183 § 4;
1980 c 172 § 8; 1965 c 8 § 43.19.1911. Prior: 1959 c 178
§ 6.]
Intent—1996 c 69: "It is the intent of the legislature to preserve the
integrity of the competitive bidding system for state contracts. This dictates
that, after competitive bids have been opened, the agency must award the
contract to the responsible bidder who submitted the lowest responsive bid
and that only in limited compelling circumstances may the agency reject all
bids and cancel the solicitation. Further, after opening the competitive bids,
the agency may not reject all bids and enter into direct negotiations with the
bidders to complete the acquisition." [1996 c 69 § 1.]
Severability—1989 c 431: See RCW 70.95.901.
Energy conservation—Legislative finding—Declaration—Purpose: RCW
43.19.668 and 43.19.669.
43.19.1913 Rejection of bid for previous unsatisfactory performance. The division of purchasing may reject
the bid of any bidder who has failed to perform satisfactorily
a previous contract with the state. [1965 c 8 § 43.19.1913.
Prior: 1959 c 178 § 7.]
43.19.1914 Low bidder claiming error—Prohibition
on later bid for same project. A low bidder who claims
error and fails to enter into a contract is prohibited from
bidding on the same purchase or project if a second or
(2002 Ed.)
43.19.1911
subsequent call for bids is made for the project. [1996 c 18
§ 7.]
43.19.1915 Bidder’s bond—Annual bid bond. When
any bid has been accepted, the division of purchasing may
require of the successful bidder a bond payable to the state
in such amount with such surety or sureties as determined by
the division of purchasing, conditioned that he will fully,
faithfully and accurately execute the terms of the contract
into which he has entered. The bond shall be filed in the
office of the division of purchasing. Bidders who regularly
do business with the state shall be permitted to file with the
division of purchasing an annual bid bond in an amount
established by the division and such annual bid bond shall be
acceptable as surety in lieu of furnishing surety with individual bids. [1965 c 8 § 43.19.1915. Prior: 1959 c 178 § 8.]
43.19.1917 Records of equipment owned by state—
Inspection—"State equipment" defined. All state agencies, including educational institutions, shall maintain a
perpetual record of ownership of state owned equipment,
which shall be available for the inspection and check of
those officers who are charged by law with the responsibility
for auditing the records and accounts of the state organizations owning the equipment, or to such other special investigators and others as the governor may direct. In addition,
these records shall be made available to members of the
legislature, the legislative committees, and legislative staff on
request.
All state agencies, including educational institutions,
shall account to the office of financial management upon
request for state equipment owned by, assigned to, or
otherwise possessed by them and maintain such records as
the office of financial management deems necessary for
proper accountability therefor. The office of financial
management shall publish a procedural directive for compliance by all state agencies, including educational institutions,
which establishes a standard method of maintaining records
for state owned equipment, including the use of standard
state forms. This published directive also shall include
instructions for reporting to the division of purchasing all
state equipment which is excess to the needs of state
organizations owning such equipment. The term "state
equipment" means all items of machines, tools, furniture, or
furnishings other than expendable supplies and materials as
defined by the office of financial management. [1979 c 88
§ 3; 1975-’76 2nd ex.s. c 21 § 9; 1969 ex.s. c 53 § 2; 1965
c 8 § 43.19.1917. Prior: 1959 c 178 § 9.]
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1919 Surplus personal property—Sale,
exchange—Exceptions and limitations. The division of
purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or
educational institution having custody thereof has no further
use, at public or private sale, and cause the moneys realized
from the sale of any such property to be paid into the fund
from which such property was purchased or, if such fund no
longer exists, into the state general fund. This requirement
is subject to the following exceptions and limitations:
[Title 43 RCW—page 75]
43.19.1919
Title 43 RCW: State Government—Executive
(1) This section does not apply to property under RCW
27.53.045, 28A.335.180, or 43.19.1920;
(2) Sales of capital assets may be made by the division
of purchasing and a credit established in central stores for
future purchases of capital items as provided for in RCW
43.19.190 through 43.19.1939;
(3) Personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of
prior to reasonable efforts by the division of purchasing to
determine if other state agencies have a requirement for such
personal property. Such determination shall follow sufficient
notice to all state agencies to allow adequate time for them
to make their needs known. Surplus items may be disposed
of without prior notification to state agencies if it is determined by the director of general administration to be in the
best interest of the state. The division of purchasing shall
maintain a record of disposed surplus property, including
date and method of disposal, identity of any recipient, and
approximate value of the property;
(4) This section does not apply to personal property
acquired by a state organization under federal grants and
contracts if in conflict with special title provisions contained
in such grants or contracts;
(5) A state agency having a surplus personal property
asset with a fair market value of less than five hundred
dollars may transfer the asset to another state agency without
charging fair market value. A state agency conducting this
action must maintain adequate records to comply with
agency inventory procedures and state audit requirements.
[2000 c 183 § 1; 1997 c 264 § 2; (1995 2nd sp.s. c 14 § 513
expired June 30, 1997); 1991 c 216 § 2; 1989 c 144 § 1;
1988 c 124 § 8; 1975-’76 2nd ex.s. c 21 § 11; 1965 c 8 §
43.19.1919. Prior: 1959 c 178 § 10.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See
note following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Findings—1991 c 216: "The legislature finds that (1) there are an
increasing number of persons who are unable to meet their basic needs
relating to shelter, clothing, and nourishment; (2) there are many nonprofit
organizations and units of local government that provide shelter and other
assistance to these persons but that these organizations are finding it
difficult to meet the increasing demand for such assistance; and (3) the
numerous agencies and institutions of state government generate a
significant quantity of surplus, tangible personal property that would be of
great assistance to homeless persons throughout the state. Therefore, the
legislature finds that it is in the best interest of the state to provide for the
donation of state-owned, surplus, tangible property to assist the homeless in
meeting their basic needs." [1991 c 216 § 1.]
Severability—Intent—Application—1988 c 124: See RCW
27.53.901 and notes following RCW 27.53.030.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.19190 Surplus property—Exemption for
original or historic state capitol furnishings. Original or
historic furnishings from the state capitol group under RCW
27.48.040 do not constitute surplus property under this chapter. [1999 c 343 § 3.]
Findings—Purpose—1999 c 343: See note following RCW
27.48.040.
[Title 43 RCW—page 76]
43.19.19191 Surplus computers and computerrelated equipment—Donation to school districts or
educational service districts. (1) In addition to disposing
of property under RCW 28A.335.180, 39.33.010, 43.19.1919,
and 43.19.1920, state-owned, surplus computers and computer-related equipment may be donated to any school district
or educational service district under the guidelines and
distribution standards established pursuant to subsection (2)
of this section.
(2) By September 1, 1999, the department and office of
the superintendent of public instruction shall jointly develop
guidelines and distribution standards for the donation of
state-owned, surplus computers and computer-related
equipment to school districts and educational service
districts. The guidelines and distribution standards shall
include considerations for quality, school-district needs, and
accountability, and shall give priority to meeting the computer-related needs of children with disabilities, including those
disabilities necessitating the portability of laptop computers.
[1999 c 186 § 1.]
43.19.1920 Surplus personal property—Donation to
emergency shelters. The division of purchasing may donate
state-owned, surplus, tangible personal property to shelters
that are: Participants in the department of community, trade,
and economic development’s emergency shelter assistance
program; and operated by nonprofit organizations or units of
local government providing emergency or transitional
housing for homeless persons. A donation may be made
only if all of the following conditions have been met:
(1) The division of purchasing has made reasonable
efforts to determine if any state agency has a requirement for
such personal property and no such agency has been identified. Such determination shall follow sufficient notice to all
state agencies to allow adequate time for them to make their
needs known;
(2) The agency owning the property has authorized the
division of purchasing to donate the property in accordance
with this section;
(3) The nature and quantity of the property in question
is directly germane to the needs of the homeless persons
served by the shelter and the purpose for which the shelter
exists and the shelter agrees to use the property for such
needs and purposes; and
(4) The director of general administration has determined that the donation of such property is in the best
interest of the state. [1995 c 399 § 63; 1991 c 216 § 3.]
Findings—1991 c 216: See note following RCW 43.19.1919.
Emergency shelter assistance program: Chapter 365-120 WAC.
43.19.19201 Affordable housing—Inventory of
suitable property. (1) The department of general administration shall identify and catalog real property that is no
longer required for department purposes and is suitable for
the development of affordable housing for very low-income,
low-income, and moderate-income households as defined in
RCW 43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the
property. The department of general administration shall
provide a copy of the inventory to the department of
(2002 Ed.)
Department of General Administration
community, trade, and economic development by November
1, 1993, and every November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department of general administration shall purge the inventory of real property of sites that are no longer available for
the development of affordable housing. The department
shall include an updated listing of real property that has become available since the last update. As used in this section,
"real property" means buildings, land, or buildings and land.
[1995 c 399 § 64; 1993 c 461 § 7.]
Finding—1993 c 461: See note following RCW 43.63A.510.
43.19.1921 Central stores warehouse facilities—
Central maintenance, repair—Sales, exchanges, between
state agencies. The director of general administration,
through the division of purchasing, shall:
(1) Establish and maintain warehouses hereinafter
referred to as "central stores" for the centralized storage and
distribution of such supplies, equipment, and other items of
common use in order to effect economies in the purchase of
supplies and equipment for state agencies. To provide
central stores warehouse facilities the division of purchasing
may, by arrangement with the state agencies, utilize any
surplus available state owned space, and may acquire other
needed warehouse facilities by lease or purchase of the
necessary premises;
(2) Provide for the central salvage, maintenance, repair,
and servicing of equipment, furniture, or furnishings used by
state agencies, and also by means of such a service provide
an equipment pool for effecting sales and exchanges of
surplus and unused property by and between state agencies.
Funds derived from the sale and exchange of property shall
be placed to the account of the appropriate state agency on
the central stores accounts but such funds may not be
expended through central stores without prior approval of the
office of financial management. [1979 c 151 § 100; 1965 c
8 § 43.19.1921. Prior: 1959 c 178 § 11.]
43.19.1923 General administration services account—Use. The general administration services account
shall be used for the purchase of supplies and equipment
handled or rented through central stores, and the payment of
salaries, wages, and other costs incidental to the acquisition,
operation, and maintenance of the central stores, and other
activities connected therewith, which shall include utilities
services. The account shall be credited with all receipts
from the rental, sale, or distribution of supplies, equipment,
and services rendered to the various state agencies. Central
stores, utilities services, and other activities within the
general administration services account shall be treated as
separate operating entities for financial and accounting
control. Financial records involving the general administration services account shall be designed to provide data for
achieving maximum effectiveness and economy of each
individual activity within the account. [2001 c 292 § 3;
1998 c 105 § 6; 1991 sp.s. c 16 § 921; 1987 c 504 § 17;
1975-’76 2nd ex.s. c 21 § 12; 1967 ex.s. c 104 § 5; 1965 c
8 § 43.19.1923. Prior: 1959 c 178 § 12.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Severability—1991 sp.s. c 16: See notes following RCW 9.46.100.
(2002 Ed.)
43.19.19201
Severability—Effective date—1987 c 504: See RCW 43.105.901
and 43.105.902.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1925 Combined purchases of commonly used
items—Advance payments by state agencies—Costs of
operating central stores. To supply such funds as may be
necessary for making combined purchases of items or
services of common use by central stores, state agencies
shall, upon request of the division of purchasing, from time
to time, make advance payments into the general administration services account from funds regularly appropriated to
them for the procurement of supplies, equipment, and services: PROVIDED, That advance payment for services shall be
on a quarterly basis: PROVIDED FURTHER, That any
person, firm or corporation other than central stores rendering services for which advance payments are made shall
deposit cash or furnish surety bond coverage to the state in
an amount as shall be fixed by law, or if not fixed by law,
then in such amounts as shall be fixed by the director of the
department of general administration. Any such bond so
furnished shall be conditioned that the person, firm or
corporation receiving the advance payment will apply it
toward performance of the contract. Funds so advanced to
central stores shall be used only for the combined procurement, storage, and delivery of such stocks of supplies, equipment, and services as are requisitioned by the agency and
shall be offset and repaid to the respective state agencies by
an equivalent value in merchandise supplied and charged out
from time to time from central stores. Costs of operation of
central stores may be recovered by charging as part of the
value of materials, supplies, or services an amount sufficient
to cover the costs of operating central stores. [1998 c 105
§ 7; 1975 c 40 § 8; 1973 c 104 § 2; 1965 c 8 § 43.19.1925.
Prior: 1959 c 178 § 13.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.19.1932 Correctional industries goods and
services—Sales and purchases. The department of corrections shall be exempt from the following provisions of this
chapter in respect to goods or services purchased or sold
pursuant to the operation of correctional industries: RCW
43.19.180, 43.19.190, 43.19.1901, 43.19.1905, 43.19.1906,
43.19.1908, 43.19.1911, 43.19.1913, 43.19.1915, 43.19.1917,
43.19.1919, 43.19.1921, 43.19.1925, and 43.19.200. [1989
c 185 § 2; 1981 c 136 § 14.]
Effective date—1981 c 136: See RCW 72.09.900.
43.19.1937 Acceptance of benefits, gifts, etc.,
prohibited—Penalties. No state employee whose duties
performed for the state include:
(1) Advising on or drawing specifications for supplies,
equipment, commodities, or services;
(2) Suggesting or determining vendors to be placed
upon a bid list;
(3) Drawing requisitions for supplies, equipment,
commodities, or services;
(4) Evaluating specifications or bids and suggesting or
determining awards; or
[Title 43 RCW—page 77]
43.19.1937
Title 43 RCW: State Government—Executive
(5) Accepting the receipt of supplies, equipment, and
commodities or approving the performance of services or
contracts;
shall accept or receive, directly or indirectly, a personal
financial benefit, or accept any gift, token, membership, or
service, as a result of a purchase entered into by the state,
from any person, firm, or corporation engaged in the sale,
lease, or rental of property, material, supplies, equipment,
commodities, or services to the state of Washington.
Violation of this section shall be considered a malfeasance and may cause loss of position, and the violator shall
be liable to the state upon his official bond for all damages
sustained by the state. Contracts involved may be canceled
at the option of the state. Penalties provided in this section
are not exclusive, and shall not bar action under any other
statute penalizing the same act or omission. [1995 c 269 §
1405; 1975-’76 2nd ex.s. c 21 § 13; 1965 c 8 § 43.19.1937.
Prior: 1959 c 178 § 19.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Severability—1975-’76 2nd ex.s. c 21: See note following RCW
43.19.180.
Public officers
code of ethics: Chapters 42.23 and 42.52 RCW.
misconduct: Chapter 42.20 RCW.
43.19.1939 Unlawful to offer, give, accept, benefits
as inducement for or to refrain from bidding—Penalty.
When any competitive bid or bids are to be or have been
solicited, requested, or advertised for by the state under the
provisions of RCW 43.19.190 through 43.19.1939, it shall be
unlawful for any person acting for himself, or as agent of
another, to offer, give, or promise to give, any money,
check, draft, property, or other thing of value, to another for
the purpose of inducing such other person to refrain from
submitting any bids upon such purchase or to enter into any
agreement, understanding or arrangement whereby full and
unrestricted competition for the securing of such public work
will be suppressed, prevented, or eliminated; and it shall be
unlawful for any person to solicit, accept or receive any
money, check, draft, property, or other thing of value upon
a promise or understanding, express or implied, that he
individually or as an agent or officer of another will refrain
from bidding upon such contract, or that he will on behalf of
himself or such others submit or permit another to submit for
him any bid upon such purchase in such sum as to eliminate
full and unrestricted competition thereon. Any person
violating any provision of this section shall be guilty of a
misdemeanor. [1965 c 8 § 43.19.1939. Prior: 1959 c 178
§ 20.]
Competitive bidding on public works, suppression or collusion, penalty:
RCW 9.18.120 through 9.18.150.
43.19.200 Duty of others in relation to purchases—
Emergency purchases—Written notifications. (1) The
governing authorities of the state’s educational institutions,
the elective state officers, the supreme court, the court of
appeals, the administrative and other departments of the state
government, and all appointive officers of the state, shall
prepare estimates of the supplies required for the proper
conduct and maintenance of their respective institutions,
[Title 43 RCW—page 78]
offices, and departments, covering periods to be fixed by the
director, and forward them to the director in accordance with
his directions. No such authorities, officers, or departments,
or any officer or employee thereof, may purchase any article
for the use of their institutions, offices, or departments,
except in case of emergency purchases as provided in
subsection (2) of this section.
(2) The authorities, officers, and departments enumerated in subsection (1) of this section may make emergency
purchases in response to unforeseen circumstances beyond
the control of the agency which present a real, immediate,
and extreme threat to the proper performance of essential
functions or which may reasonably be expected to result in
excessive loss or damage to property, bodily injury, or loss
of life. When an emergency purchase is made, the agency
head shall submit written notification of the purchase, within
three days of the purchase, to the director of general administration. This notification shall contain a description of the
purchase, description of the emergency and the circumstances leading up to the emergency, and an explanation of
why the circumstances required an emergency purchase.
(3) Purchases made for the state’s educational institutions, the offices of the elective state officers, the supreme
court, the court of appeals, the administrative and other
departments of the state government, and the offices of all
appointive officers of the state, shall be paid for out of the
moneys appropriated for supplies, material, and service of
the respective institutions, offices, and departments.
(4) The director of general administration shall submit,
on an annual basis, the written notifications required by
subsection (2) of this section to the director of financial
management. [1986 c 158 § 10; 1984 c 102 § 2; 1971 c 81
§ 111; 1965 c 8 § 43.19.200. Prior: 1955 c 285 § 13; prior:
1921 c 7 § 37, part; RRS § 10795, part.]
Findings—1984 c 102: "The legislature finds that the emergency
purchasing provisions of state law are being more liberally construed than
the legislature originally intended. Therefore, the legislature finds that it is
necessary to clarify the law as it pertains to emergency purchases and to
provide a mechanism for legislative oversight." [1984 c 102 § 1.]
43.19.450 Supervisor of engineering and architecture—Qualifications—Appointment—Powers and duties—Delegation of authority. The director of general
administration shall appoint and deputize an assistant director
to be known as the supervisor of engineering and architecture who shall have charge and supervision of the division
of engineering and architecture. With the approval of the
director, the supervisor may appoint and employ such
assistants and personnel as may be necessary to carry out the
work of the division.
No person shall be eligible for appointment as supervisor of engineering and architecture unless he or she is
licensed to practice the profession of engineering or the
profession of architecture in the state of Washington and for
the last five years prior to his or her appointment has been
licensed to practice the profession of engineering or the
profession of architecture.
As used in this section, "state facilities" includes all
state buildings, related structures, and appurtenances constructed for any elected state officials, institutions, departments, boards, commissions, colleges, community colleges,
except the state universities, The Evergreen State College
(2002 Ed.)
Department of General Administration
and regional universities. "State facilities" does not include
facilities owned by or used for operational purposes and
constructed for the department of transportation, department
of fish and wildlife, department of natural resources, or state
parks and recreation commission.
The director of general administration, through the
division of engineering and architecture shall:
(1) Prepare cost estimates and technical information to
accompany the capital budget and prepare or contract for
plans and specifications for new construction and major
repairs and alterations to state facilities.
(2) Contract for professional architectural, engineering,
and related services for the design of new state facilities and
major repair or alterations to existing state facilities.
(3) Provide contract administration for new construction
and the repair and alteration of existing state facilities.
(4) In accordance with the public works laws, contract
on behalf of the state for the new construction and major
repair or alteration of state facilities.
The director may delegate any and all of the functions
under subsections (1) through (4) of this section to any
agency upon such terms and conditions as considered
advisable.
The director may delegate the authority granted to the
department under *RCW 39.04.150 to any agency upon such
terms as considered advisable. [1994 c 264 § 15; 1988 c 36
§ 14; 1982 c 98 § 3; 1981 c 136 § 63; 1979 c 141 § 45;
1965 c 8 § 43.19.450. Prior: 1959 c 301 § 4.]
*Reviser’s note: RCW 39.04.150 was repealed by 2000 c 138 § 301.
Effective date—1981 c 136: See RCW 72.09.900.
43.19.455 Purchase of works of art—Procedure.
Except as provided under RCW 43.17.210, the Washington
state arts commission shall determine the amount to be made
available for the purchase of art under RCW 43.17.200 in
consultation with the director of general administration, and
payments therefor shall be made in accordance with law.
The designation of projects and sites, selection, contracting,
purchase, commissioning, reviewing of design, execution and
placement, acceptance, maintenance, and sale, exchange, or
disposition of works of art shall be the responsibility of the
Washington state arts commission in consultation with the
director of general administration. However, the costs to
carry out the Washington state arts commission’s responsibility for maintenance shall not be funded from the moneys
referred to under this section, RCW 43.17.200, 28A.335.210,
or 28B.10.025, but shall be contingent upon adequate
appropriations being made for that purpose. [1990 c 33 §
576; 1983 c 204 § 6; 1974 ex.s. c 176 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
Acquisition of works of art for public buildings and lands—Visual arts
program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
State art collection: RCW 43.46.095.
43.19.500 General administration services account—Use. The general administration services account
shall be used by the department of general administration for
(2002 Ed.)
43.19.450
the payment of certain costs, expenses, and charges, as
specified in this section, incurred by it in the operation and
administration of the department in the rendering of services,
the furnishing or supplying of equipment, supplies and
materials, and for providing or allocating facilities, including
the operation, maintenance, rehabilitation, or furnishings
thereof to other agencies, offices, departments, activities, and
other entities enumerated in RCW 43.01.090 and including
the rendering of services in acquiring real estate under RCW
43.82.010 and the operation and maintenance of nonassigned
public spaces in Thurston county. The department shall treat
the rendering of services in acquiring real estate and the
operation and maintenance of nonassigned public spaces as
separate operating entities within the account for financial
accounting and control.
The schedule of services, facilities, equipment, supplies,
materials, maintenance, rehabilitation, furnishings, operations,
and administration to be so financed and recovered shall be
determined jointly by the director of general administration
and the director of financial management, in equitable
amounts which, together with any other income or appropriation, will provide the department of general administration
with funds to meet its anticipated expenditures during any
allotment period.
The director of general administration may adopt rules
governing the provisions of RCW 43.01.090 and this section
and the relationships and procedures between the department
of general administration and such other entities. [1998 c
105 § 9; 1994 c 219 § 17; 1982 c 41 § 2; 1979 c 151 § 101;
1971 ex.s. c 159 § 2.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Findings—Purpose—1994 c 219: See note following RCW
43.01.090.
Finding—1994 c 219: See note following RCW 43.88.030.
Effective dates—1982 c 41: See note following RCW 43.82.010.
Agricultural commodity commissions exempt: RCW 15.04.200.
General administration services account—Approval of certain changes
required: RCW 43.88.350.
43.19.501 Thurston county capital facilities account.
The Thurston county capital facilities account is created in
the state treasury. The account is subject to the appropriation and allotment procedures under chapter 43.88 RCW.
Moneys in the account may be expended for capital projects
in facilities owned and managed by the department of
general administration in Thurston county. [1994 c 219 §
18.]
Findings—Purpose—1994 c 219: See note following RCW
43.01.090.
Finding—1994 c 219: See note following RCW 43.88.030.
43.19.520 Purchase of products and services from
sheltered workshops and programs—Intent. It is the
intent of the legislature to encourage state agencies and departments to purchase products and/or services manufactured
or provided by sheltered workshops and programs of the
department of social and health services which operate
facilities serving the handicapped and disadvantaged. [1974
ex.s. c 40 § 1.]
[Title 43 RCW—page 79]
43.19.525
Title 43 RCW: State Government—Executive
43.19.525 Purchase of products and services from
sheltered workshops and programs—Definitions. As used
in RCW 43.19.520 and 43.19.530 the term "sheltered workshops" shall have the meaning ascribed to it by RCW
82.04.385 and "programs of the department of social and
health services" shall mean the group training homes and day
training centers defined in *RCW 72.33.800. [1974 ex.s. c
40 § 2.]
*Reviser’s note: RCW 72.33.800 was repealed by 1988 c 176 §
1007. See Title 71A RCW.
43.19.530 Purchase of products and services from
sheltered workshops and programs—Authorized—Fair
market price. The state agencies and departments are
hereby authorized to purchase products and/or services
manufactured or provided by sheltered workshops and
programs of the department of social and health services.
Such purchases shall be at the fair market price of such
products and services as determined by the division of
purchasing of the department of general administration. To
determine the fair market price the division shall use the last
comparable bid on the products and/or services or in the
alternative the last price paid for the products and/or services. The increased cost of labor, materials, and other documented costs since the last comparable bid or the last price
paid are additional cost factors which shall be considered in
determining fair market price. Upon the establishment of the
fair market price as provided for in this section the division
is hereby empowered to negotiate directly with sheltered
workshops or officials in charge of the programs of the department of social and health services for the purchase of the
products or services. [1977 ex.s. c 10 § 2; 1974 ex.s. c 40
§ 3.]
43.19.534 Purchase of articles or products from
inmate work programs—Replacement of goods and
services obtained from outside the state—Rules. State
agencies, the legislature, and departments shall purchase for
their use all goods and services required by the legislature,
agencies, or departments that are produced or provided in
whole or in part from class II inmate work programs
operated by the department of corrections through state
contract. These goods and services shall not be purchased
from any other source unless, upon application by the
department or agency: (1) The department of general
administration finds that the articles or products do not meet
the reasonable requirements of the agency or department, (2)
are not of equal or better quality, or (3) the price of the
product or service is higher than that produced by the private
sector. However, the criteria contained in (1), (2), and (3)
of this section for purchasing goods and services from
sources other than correctional industries do not apply to
goods and services produced by correctional industries that
primarily replace goods manufactured or services obtained
from outside the state. The department of corrections and
department of general administration shall adopt administrative rules that implement this section. [1993 sp.s. c 20 § 1;
1986 c 94 § 2.]
Severability—1993 sp.s. c 20: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 sp.s. c 20 § 9.]
[Title 43 RCW—page 80]
43.19.535 Purchase of goods and services from
inmate work programs. Any person, firm, or organization
which makes any bid to provide any goods or any services
to any state agency shall be granted a preference over other
bidders if (1) the goods or services have been or will be
produced or provided in whole or in part by an inmate work
program of the department of corrections and (2) an amount
equal to at least fifteen percent of the total bid amount has
been paid or will be paid by the person, firm, or organization
to inmates as wages. The preference provided under this
section shall be equal to ten percent of the total bid amount.
[1981 c 136 § 15.]
Effective date—1981 c 136: See RCW 72.09.900.
43.19.536 Contracts subject to requirements
established under office of minority and women’s business enterprises. All contracts entered into and purchases
made, including leasing or renting, under this chapter on or
after September 1, 1983, are subject to the requirements
established under chapter 39.19 RCW. [1983 c 120 § 13.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
43.19.538 Purchase of products containing recycled
material—Preference—Specifications and rules—Review.
(1) The director of general administration, through the state
purchasing director, shall develop specifications and adopt
rules for the purchase of products which will provide for
preferential purchase of products containing recycled
material by:
(a) The use of a weighting factor determined by the
amount of recycled material in a product, where appropriate
and known in advance to potential bidders, to determine the
lowest responsible bidder. The actual dollars bid shall be the
contracted amount. If the department determines, according
to criteria established by rule that the use of this weighting
factor does not encourage the use of more recycled material,
the department shall consider and award bids without regard
to the weighting factor. In making this determination, the
department shall consider but not be limited to such factors
as adequate competition, economics or environmental constraints, quality, and availability.
(b) Requiring a written statement of the percentage
range of recycled content from the bidder providing products
containing recycled [material]. The range may be stated in
five percent increments.
(2) The director shall develop a directory of businesses
that supply products containing significant quantities of
recycled materials. This directory may be combined with
and made accessible through the data base of recycled
content products to be developed under RCW 43.19A.060.
(3) The director shall encourage all parties using the
state purchasing office to purchase products containing
recycled materials.
(4) The rules, specifications, and bid evaluation shall be
consistent with recycled content standards adopted under
RCW 43.19A.020. [1991 c 297 § 5; 1988 c 175 § 2; 1987
c 505 § 26; 1982 c 61 § 2.]
Captions not law—1991 c 297: See RCW 43.19A.900.
Effective date—1988 c 175: "This act shall take effect July 1, 1988."
[1988 c 175 § 4.]
(2002 Ed.)
Department of General Administration
Recycled product procurement: Chapter 43.19A RCW.
State purchasing and material control director: RCW 43.19.180.
43.19.558
Costs.
Motor vehicle management programs—
Reviser’s note: RCW 43.19.558 was amended by 1998 c 105 § 10
without reference to its repeal by 1998 c 111 § 1. It has been decodified
for publication purposes under RCW 1.12.025.
43.19.560 Motor vehicle transportation service—
Definitions. As used in RCW 43.19.565 through 43.19.635,
43.41.130 and 43.41.140, the following definitions shall
apply:
(1) "Passenger motor vehicle" means any sedan, station
wagon, bus, or light truck which is designed for carrying ten
passengers or less and is used primarily for the transportation
of persons;
(2) "State agency" shall include any state office, agency,
commission, department, or institution financed in whole or
in part from funds appropriated by the legislature. It shall
also include the Washington state school director’s association and the state printer, but it shall not include (a) the state
supreme court or any agency of the judicial branch or (b) the
legislature or any of its statutory, standing, special, or
interim committees, other than at the option of the judicial
or legislative agency or committee concerned;
(3) "Employee commuting" shall mean travel by a state
officer or employee to or from his or her official residence
or other domicile to or from his or her official duty station
or other place of work;
(4) "Motor vehicle transportation services" shall include
but not be limited to the furnishing of motor vehicles for the
transportation of persons or property, with or without drivers,
and may also include furnishing of maintenance, storage, and
other support services to state agencies for the conduct of
official state business. [1983 c 187 § 3; 1975 1st ex.s. c 167
§ 2.]
Effective date—1983 c 187: See RCW 28A.345.902.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
Power to appoint or employ personnel does not include power to provide
state owned or leased vehicle: RCW 43.01.150.
43.19.565 Motor vehicle transportation service—
Powers and duties. The department of general administration shall establish a motor vehicle transportation service
which is hereby empowered to:
(1) Provide suitable motor vehicle transportation
services to any state agency on either a temporary or
permanent basis upon requisition from a state agency and
upon such demonstration of need as the department may
require;
(2) Provide motor pools for the use of state agencies
located in the Olympia and Seattle areas and such additional
motor pools at other locations in the state as may be necessary to provide economic, efficient, and effective motor
vehicle transportation services to state agencies. Such
additional motor pools may be under either the direct control
of the department or under the supervision of another state
agency by agreement with the department;
(3) Establish an equitable schedule of rental and mileage
charges to agencies for motor vehicle transportation services
(2002 Ed.)
43.19.538
furnished which shall be designed to provide funds to cover
replacement of vehicles and to recover the actual total costs
of motor pool operations including but not limited to vehicle
operation expense, depreciation expense, overhead, and
nonrecoverable collision or other damage to vehicles.
Additions to capital such as the purchase of additional
vehicles shall be budgeted and purchased from funds
appropriated for such purposes under such procedures as
may be provided by law; and
(4) Establish guidelines, procedures, and standards for
fleet operations that other state agencies and institutions of
higher education may adopt. The guidelines, procedures, and
standards shall be consistent with and carry out the objectives of any general policies adopted by the office of
financial management under RCW 43.41.130. [1998 c 111
§ 3; 1975 1st ex.s. c 167 § 3.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.570 Motor vehicle transportation service—
Responsibilities—Agreements with other agencies—
Alternative fuels and clean technologies. (1) The department shall direct and be responsible for the acquisition,
operation, maintenance, storage, repair, and replacement of
state motor vehicles under its control. The department shall
utilize state facilities available for the maintenance, repair,
and storage of such motor vehicles, and may provide directly
or by contract for the maintenance, repair, and servicing of
all motor vehicles, and other property related thereto and
under its control.
(2) The department may arrange, by agreement with
agencies, for the utilization by one of the storage, repair, or
maintenance facilities of another, with such provision for
charges and credits as may be agreed upon. The department
may acquire and maintain storage, repair, and maintenance
facilities for the motor vehicles under its control from such
funds as may be appropriated by the legislature.
(3)(a) The legislature finds that a clean environment is
important and that global warming effects may be offset by
decreasing the emissions of harmful compounds from motor
vehicles. The legislature further finds that the state is in a
position to set an example of large scale use of alternative
fuels in motor vehicles and other clean technologies.
(b) The department shall consider the use of state
vehicles to conduct field tests on alternative fuels in areas
where air pollution constraints may be eased by these
optional fuels. These fuels should include but are not
limited to gas-powered and electric-powered vehicles.
(c) For planned purchases of vehicles using alternative
fuels, the department and other state agencies shall explore
opportunities to purchase these vehicles together with the
federal government, agencies of other states, other Washington state agencies, local governments, or private organizations for less cost. All state agencies must investigate and
determine whether or not they can make clean technologies
more cost-effective by combining their purchasing power
before completing a planned vehicle purchase. [2002 c 285
§ 2; 1989 c 113 § 1; 1982 c 163 § 11; 1975 1st ex.s. c 167
§ 4.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
[Title 43 RCW—page 81]
43.19.570
Title 43 RCW: State Government—Executive
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
Alternative fuels: RCW 43.41.130.
43.19.575 Passenger motor vehicles owned or
operated by state agencies—Duty of the office of financial
management to establish policies as to acquisition, operation, authorized use, etc. See RCW 43.41.130.
43.19.585 Motor vehicle transportation service—
Supervisor of motor transport—Powers and duties. The
director of general administration shall appoint a supervisor
of motor transport, who shall have general charge and supervision of state motor pools and motor vehicle transportation services under departmental administration and control.
The appointment of all personnel, except the supervisor,
shall be made pursuant to chapter 41.06 RCW, the state civil
service law, as now or hereafter amended.
With the approval of the director, the supervisor shall
(1) appoint and employ such assistants and personnel as may
be necessary, (2) acquire by purchase or otherwise a sufficient number of motor vehicles to fulfill state agency needs
for motor vehicle transportation service, (3) provide for necessary storage, upkeep, and repair, and (4) provide for
servicing motor pool vehicles with fuel, lubricants, and other
operating requirements. [1975 1st ex.s. c 167 § 7.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.590 Motor vehicle transportation service—
Transfer of employees—Retention of employment rights.
All employees of any state agency who are employed
exclusively or principally in performing the powers, duties,
and functions transferred pursuant to RCW 43.19.595
through 43.19.610 to the department of general administration shall, upon such transfer to employment with the
department of general administration, continue to be governed by the provisions of chapter 41.06 RCW, the state
civil service law, as now or hereafter amended, and shall
automatically retain their permanent or probationary status
together with all rights, privileges, and immunities attaching
thereto. [1975 1st ex.s. c 167 § 8.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.595 Motor vehicle transportation service—
Transfer of motor vehicles, property, etc., from motor
pool to department. All passenger motor vehicles, property, facilities, equipment, credits, funds, and all other assets
and obligations of the automobile pool and pertaining to
passenger motor vehicles currently operated by the department of highways and funded by that portion of the highway
equipment fund known as "District No. 8 (Motor Pool)" shall
be transferred to the department of general administration on
July 1, 1975. The director of general administration may
accept such property prior thereto if he deems it expedient
to accomplish an orderly transition. [1975 1st ex.s. c 167 §
9.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
[Title 43 RCW—page 82]
43.19.600 Motor vehicle transportation service—
Transfer of passenger motor vehicles to department from
other agencies—Studies. (1) On or after July 1, 1975, any
passenger motor vehicles currently owned or hereafter
acquired by any state agency, except vehicles acquired from
federal granted funds and over which the federal government
retains jurisdiction and control, may be purchased by or
transferred to the department of general administration with
the consent of the state agency concerned. The director of
general administration may accept vehicles subject to the
provisions of RCW 43.19.560 through 43.19.630, 43.41.130
and 43.41.140 prior to July 1, 1975, if he deems it expedient
to accomplish an orderly transition.
(2) The department, in cooperation with the office of
financial management, shall study and ascertain current and
prospective needs of state agencies for passenger motor
vehicles and shall recommend transfer to a state motor pool
or other appropriate disposition of any vehicle found not to
be required by a state agency.
(3) The department shall direct the transfer of passenger
motor vehicles from a state agency to a state motor pool or
other disposition as appropriate, based on a study under
subsection (2) of this section, or after a public hearing held
by the department, if a finding is made based on testimony
and data therein submitted that the economy, efficiency, or
effectiveness of state government would be improved by
such a transfer or other disposition of passenger motor
vehicles. Any dispute over the accuracy of testimony and
data submitted as to the benefits in state governmental
economy, efficiency, and effectiveness to be gained by such
transfer shall be resolved by the governor or the governor’s
designee. [1982 c 163 § 12; 1979 c 151 § 102; 1975 1st
ex.s. c 167 § 10.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.605 Motor vehicle transportation service—
Reimbursement for property transferred—Credits—
Accounting—Disputes. No cash reimbursement shall be
made to agencies for property transferred under RCW
43.19.600 to the extent that such property was originally
acquired without cost or was purchased from general fund
appropriations. The value of such property shall be entered
upon the accounts of the general administration services
account as an amount due the agency from which the vehicle
was transferred. For such property purchased from dedicated, revolving, or trust funds, the value at the time of transfer
shall also be entered upon the accounts of the general
administration services account as an amount due the agency
and fund from which the vehicle transferred was purchased
and maintained. If surplus funds associated with motor
vehicle transportation services are available in the general
administration services account, the agency may be paid all
or part of the amount due to the dedicated, revolving, or
trust fund concerned. Otherwise, the credit for the amount
due shall be applied proportionately over the remaining
undepreciated life of such property. The prorated credits
shall be applied monthly by the director of general administration against any monthly or other charges for motor
vehicle transportation services rendered the agency.
(2002 Ed.)
Department of General Administration
To the extent surplus funds associated with motor
vehicle transportation services are available in the general
administration services account, the director of general
administration may direct a cash reimbursement to a dedicated, revolving, or trust fund where an amount due such a
fund will not be charged off to services rendered by the
department of general administration within a reasonable
time.
Any disagreement between the supervisor of motor
transport and an agency as to the amount of reimbursement
to which it may be entitled shall be resolved by the director
of general administration. [1998 c 105 § 11; 1989 c 57 § 6;
1975 1st ex.s. c 167 § 11.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective date—1989 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 57 § 11.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.610 General administration services account—Sources—Disbursements. All moneys, funds,
proceeds, and receipts as provided in RCW 43.19.615 and as
may otherwise be provided by law shall be paid into the
general administration services account. Disbursements
therefrom shall be made in accordance with the provisions
of RCW 43.19.560 through 43.19.630, 43.41.130 and
43.41.140 as authorized by the director or a duly authorized
representative and as may be provided by law. [1998 c 105
§ 12; 1991 sp.s. c 13 § 35; 1986 c 312 § 902. Prior: 1985
c 405 § 507; 1985 c 57 § 28; 1975 1st ex.s. c 167 § 12.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1986 c 312: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 312 § 905.]
Severability—1985 c 405: See note following RCW 9.46.100.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.615 Motor vehicle transportation service—
Deposits—Disbursements. The director of general administration shall deposit in the general administration services
account all receipts, including the initial transfer of automobile pool capital from the highway equipment fund and any
other funds transferred, rentals or other fees and charges for
transportation services furnished, proceeds from the sale of
surplus or replaced property under the control of the supervisor of motor transport and other income, and from which
shall be paid operating costs, including salaries and wages,
administrative expense, overhead, the cost of replacement
vehicles, additional passenger vehicles authorized pursuant
to RCW 43.19.565, and any other expenses. If it is necessary at any time for the department to request any appropriation from the general fund or various dedicated, revolving,
or trust funds to purchase additional vehicles, any appropriation therefor may provide that such advance shall be repaid
together with reasonable interest from surpluses of the
(2002 Ed.)
43.19.605
general administration services account. [1998 c 105 § 13;
1975 1st ex.s. c 167 § 13.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.620 Motor vehicle transportation service—
Rules and regulations. The director of general administration, through the supervisor of motor transport, shall adopt,
promulgate, and enforce such regulations as may be deemed
necessary to accomplish the purpose of RCW 43.19.560
through 43.19.630, 43.41.130, and 43.41.140. Such regulations, in addition to other matters, shall provide authority for
any agency director or his delegate to approve the use on
official state business of personally owned or commercially
owned rental passenger motor vehicles. Before such an
authorization is made, it must first be reasonably determined
that state owned passenger vehicles or other suitable transportation is not available at the time or location required or
that the use of such other transportation would not be
conducive to the economical, efficient, and effective conduct
of business.
Such regulations shall be consistent with and shall carry
out the objectives of the general policies and guidelines
adopted by the office of financial management pursuant to
RCW 43.41.130. [1989 c 57 § 7; 1979 c 151 § 103; 1975
1st ex.s. c 167 § 14.]
Effective date—1989 c 57: See note following RCW 43.19.605.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.625 Employee commuting in state owned or
leased vehicle—Policies and regulations. See RCW
43.41.140.
43.19.630 Motor vehicle transportation service—Use
of personal motor vehicle. RCW 43.19.560 through
43.19.620, 43.41.130, and 43.41.140 shall not be construed
to prohibit a state officer or employee from using his
personal motor vehicle on state business and being reimbursed therefor, where permitted under state travel policies,
rules, and regulations promulgated by the office of financial
management, and where such use is in the interest of
economic, efficient, and effective management and performance of official state business. [1989 c 57 § 8; 1979 c
151 § 104; 1975 1st ex.s. c 167 § 16.]
Effective date—1989 c 57: See note following RCW 43.19.605.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.635 Motor vehicle transportation service—
Unauthorized use of state vehicles—Procedure—
Disciplinary action. (1) The governor, acting through the
department of general administration and any other appropriate agency or agencies as he may direct, is empowered to
utilize all reasonable means for detecting the unauthorized
use of state owned motor vehicles, including the execution
of agreements with the state patrol for compliance enforcement. Whenever such illegal use is discovered which
involves a state employee, the employing agency shall
proceed as provided by law to establish the amount, extent,
[Title 43 RCW—page 83]
43.19.635
Title 43 RCW: State Government—Executive
and dollar value of any such use, including an opportunity
for notice and hearing for the employee involved. When
such illegal use is so established, the agency shall assess its
full cost of any mileage illegally used and shall recover such
amounts by deductions from salary or allowances due to be
paid to the offending official or employee by other means.
Recovery of costs by the state under this subsection shall not
preclude disciplinary or other action by the appropriate
appointing authority or employing agency under subsection
(2) of this section.
(2) Any wilful and knowing violation of any provision
of RCW 43.19.560 through 43.19.620, 43.41.130 and
43.41.140 shall subject the state official or employee
committing such violation to disciplinary action by the
appropriate appointing or employing agency. Such disciplinary action may include, but shall not be limited to, suspension without pay, or termination of employment in the case
of repeated violations.
(3) Any casual or inadvertent violation of RCW
43.19.560 through 43.19.620, 43.41.130 and 43.41.140 may
subject the state official or employee committing such
violation to disciplinary action by the appropriate appointing
authority or employing agency. Such disciplinary action
may include, but need not be limited to, suspension without
pay. [1975 1st ex.s. c 167 § 17.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.637 Clean-fuel vehicles—Purchasing requirements. (1) At least thirty percent of all new vehicles
purchased through a state contract shall be clean-fuel vehicles.
(2) The percentage of clean-fuel vehicles purchased
through a state contract shall increase at the rate of five
percent each year.
(3) In meeting the procurement requirement established
in this section, preference shall be given to vehicles designed
to operate exclusively on clean fuels. In the event that
vehicles designed to operate exclusively on clean fuels are
not available or would not meet the operational requirements
for which a vehicle is to be procured, conventionally
powered vehicles may be converted to clean fuel or dual fuel
use to meet the requirements of this section.
(4) Fuel purchased through a state contract shall be a
clean fuel when the fuel is purchased for the operation of a
clean-fuel vehicle.
(5)(a) Weight classes are established by the following
motor vehicle types:
(i) Passenger cars;
(ii) Light duty trucks, trucks with a gross vehicle weight
rating by the vehicle manufacturer of less than eight thousand five hundred pounds;
(iii) Heavy duty trucks, trucks with a gross vehicle
weight rating by the vehicle manufacturer of eight thousand
five hundred pounds or more.
(b) This subsection does not place an obligation upon
the state or its political subdivisions to purchase vehicles in
any number or weight class other than to meet the percent
procurement requirement.
(6) The provisions for purchasing clean-fuel vehicles
under subsections (1) and (2) of this section are intended as
minimum levels. The department should seek to increase the
[Title 43 RCW—page 84]
purchasing levels of clean-fuel vehicles above the minimum.
The department must also investigate all opportunities to
aggregate their purchasing with local governments to
determine whether or not they can lower their costs and
make it cost-efficient to increase the percentage of clean-fuel
or high gas mileage vehicles in both the state and local
fleets.
(7) For the purposes of this section, "clean fuels" and
"clean-fuel vehicles" shall be those fuels and vehicles
meeting the specifications provided for in RCW 70.120.210.
[2002 c 285 § 3; 1991 c 199 § 213.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
43.19.663 Clean technologies—Purchase. (1) The
department of general administration, in cooperation with
public agencies, shall investigate opportunities to aggregate
the purchase of clean technologies with other public agencies
to determine whether or not combined purchasing can reduce
the unit cost of clean technologies.
(2) State agencies that are retail electric customers shall
investigate opportunities to aggregate the purchase of
electricity produced from generation resources that are fueled
by wind or solar energy for their facilities located within a
single utility’s service area, to determine whether or not
combined purchasing can reduce the unit cost of those
resources.
(3) No public agency is required under this section to
purchase clean technologies at prohibitive costs.
(4)(a) "Electric utility" shall have the same meaning as
provided under RCW 19.29A.010.
(b) "Clean technology" includes, but may not be limited
to, alternative fueled hybrid-electric and fuel cell vehicles,
and distributive power generation.
(c) "Distributive power generation" means the generation
of electricity from an integrated or stand-alone power plant
that generates electricity from wind energy, solar energy, or
fuel cells.
(d) "Retail electric customer" shall have the same
meaning as provided under RCW 19.29A.010.
(e) "Facility" means any building owned or leased by a
public agency. [2002 c 285 § 4.]
Reviser’s note: 2002 c 285 directed that this section be added to
chapter 39.35B RCW. This section has been codified in chapter 43.19
RCW, which relates more directly to the purchasing authority of the
department of general administration.
43.19.668 Energy conservation—Legislative finding—Declaration. The legislature finds and declares that
the buildings, facilities, equipment, and vehicles owned or
leased by state government consume significant amounts of
energy and that energy conservation actions, including
energy management systems, to provide for efficient energy
use in these buildings, facilities, equipment, and vehicles will
reduce the costs of state government. In order for the
operations of state government to provide the citizens of this
state an example of energy use efficiency, the legislature
further finds and declares that state government should
undertake an aggressive program designed to reduce energy
use in state buildings, facilities, equipment, and vehicles
within a reasonable period of time. The use of appropriate
(2002 Ed.)
Department of General Administration
tree plantings for energy conservation is encouraged as part
of this program. [2001 c 214 § 23; 1993 c 204 § 6; 1980 c
172 § 1.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—1993 c 204: See note following RCW 35.92.390.
43.19.669 Energy conservation—Purpose. It is the
purpose of RCW 43.19.670 through 43.19.685 to require
energy audits in state-owned buildings, to require energy
audits as a lease condition in all new, renewed, and renegotiated leases of buildings by the state, to undertake such
modifications and installations as are necessary to maximize
the efficient use of energy in these buildings, including but
not limited to energy management systems, and to establish
a policy for the purchase of state vehicles, equipment, and
materials which results in efficient energy use by the state.
For a building that is leased by the state, energy audits
and implementation of cost-effective energy conservation
measures are required only for that portion of the building
that is leased by the state when the state leases less than one
hundred percent of the building. When implementing costeffective energy conservation measures in buildings leased
by the state, those measures must generate savings sufficient
to finance the building modifications and installations over
a loan period not greater than ten years and allow repayment
during the term of the lease. [2001 c 214 § 24; 1980 c 172
§ 2.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
43.19.670 Energy conservation—Definitions. As
used in RCW 43.19.670 through 43.19.685, the following
terms have the meanings indicated unless the context clearly
requires otherwise.
(1) "Energy audit" means a determination of the energy
consumption characteristics of a facility which consists of
the following elements:
(a) An energy consumption survey which identifies the
type, amount, and rate of energy consumption of the facility
and its major energy systems. This survey shall be made by
the agency responsible for the facility.
(b) A walk-through survey which determines appropriate
energy conservation maintenance and operating procedures
and indicates the need, if any, for the acquisition and
installation of energy conservation measures and energy
management systems. This survey shall be made by the
agency responsible for the facility if it has technically
qualified personnel available. The director of general
administration shall provide technically qualified personnel
to the responsible agency if necessary.
(c) An investment grade audit, which is an intensive
engineering analysis of energy conservation and management
measures for the facility, net energy savings, and a costeffectiveness determination. This element is required only
for those facilities designated in the schedule adopted under
RCW 43.19.680(2).
(2) "Cost-effective energy conservation measures"
means energy conservation measures that the investment
(2002 Ed.)
43.19.668
grade audit concludes will generate savings sufficient to
finance project loans of not more than ten years.
(3) "Energy conservation measure" means an installation
or modification of an installation in a facility which is
primarily intended to reduce energy consumption or allow
the use of an alternative energy source, including:
(a) Insulation of the facility structure and systems within
the facility;
(b) Storm windows and doors, multiglazed windows and
doors, heat absorbing or heat reflective glazed and coated
windows and door systems, additional glazing, reductions in
glass area, and other window and door system modifications;
(c) Automatic energy control systems;
(d) Equipment required to operate variable steam,
hydraulic, and ventilating systems adjusted by automatic
energy control systems;
(e) Solar space heating or cooling systems, solar electric
generating systems, or any combination thereof;
(f) Solar water heating systems;
(g) Furnace or utility plant and distribution system
modifications including replacement burners, furnaces, and
boilers which substantially increase the energy efficiency of
the heating system; devices for modifying flue openings
which will increase the energy efficiency of the heating
system; electrical or mechanical furnace ignitions systems
which replace standing gas pilot lights; and utility plant
system conversion measures including conversion of existing
oil- and gas-fired boiler installations to alternative energy
sources;
(h) Caulking and weatherstripping;
(i) Replacement or modification of lighting fixtures
which increase the energy efficiency of the lighting system;
(j) Energy recovery systems;
(k) Energy management systems; and
(l) Such other measures as the director finds will save
a substantial amount of energy.
(4) "Energy conservation maintenance and operating
procedure" means modification or modifications in the
maintenance and operations of a facility, and any installations within the facility, which are designed to reduce energy
consumption in the facility and which require no significant
expenditure of funds.
(5) "Energy management system" has the definition
contained in RCW 39.35.030.
(6) "Energy savings performance contracting" means the
process authorized by chapter 39.35C RCW by which a
company contracts with a state agency to conduct no-cost
energy audits, guarantee savings from energy efficiency, provide financing for energy efficiency improvements, install or
implement energy efficiency improvements, and agree to be
paid for its investment solely from savings resulting from the
energy efficiency improvements installed or implemented.
(7) "Energy service company" means a company or
contractor providing energy savings performance contracting
services.
(8) "Facility" means a building, a group of buildings
served by a central energy distribution system, or components of a central energy distribution system.
(9) "Implementation plan" means the annual tasks and
budget required to complete all acquisitions and installations
necessary to satisfy the recommendations of the energy
audit. [2001 c 214 § 25; 1982 c 48 § 1; 1980 c 172 § 3.]
[Title 43 RCW—page 85]
43.19.670
Title 43 RCW: State Government—Executive
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
43.19.675 Energy audits of state-owned facilities
required—Completion dates. For each state-owned
facility, the director of general administration, or the agency
responsible for the facility if other than the department of
general administration, shall conduct an energy audit of that
facility. This energy audit may be conducted by contract or
by other arrangement, including appropriate agency staff.
Performance-based contracting shall be the preferred method
for implementing and completing energy audits. For each
state-owned facility, the energy consumption surveys shall be
completed no later than October 1, 2001, and the walkthrough surveys shall be completed no later than July 1,
2002. [2001 c 214 § 26; 1982 c 48 § 2; 1980 c 172 § 4.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Energy audits of school district buildings: RCW 28A.320.330.
43.19.680 Implementation of energy conservation
and maintenance procedures after walk-through survey—
Investment grade audit—Reports—Contracts with energy
service companies, staffing. (1) Upon completion of each
walk-through survey required by RCW 43.19.675, the
director of general administration or the agency responsible
for the facility if other than the department of general
administration shall implement energy conservation maintenance and operation procedures that may be identified for
any state-owned facility. These procedures shall be implemented as soon as possible but not later than twelve months
after the walk-through survey.
(2) If a walk-through survey has identified potentially
cost-effective energy conservation measures, the agency
responsible for the facility shall undertake an investment
grade audit of the facility. Investment grade audits shall be
completed no later than December 1, 2002. Installation of
cost-effective energy conservation measures recommended in
the investment grade audit shall be completed no later than
June 30, 2004.
(3) For each biennium until all measures are installed,
the director of general administration shall report to the
governor and legislature installation progress, [and] measures
planned for installation during the ensuing biennium. This
report shall be submitted by December 31, 2004, or at the
end of the following year whichever immediately precedes
the capital budget adoption, and every two years thereafter
until all measures are installed.
(4) Agencies may contract with energy service companies as authorized by chapter 39.35C RCW for energy audits
and implementation of cost-effective energy conservation
measures. The department shall provide technically qualified
personnel to the responsible agency upon request. The
department shall recover a fee for this service. [2001 c 214
§ 27; 1996 c 186 § 506; 1986 c 325 § 2; 1983 c 313 § 1;
1982 c 48 § 3; 1980 c 172 § 5.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
[Title 43 RCW—page 86]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Findings—1986 c 325: See note following RCW 43.41.170.
Budgeting process—Guidelines to ensure agencies implementing energy
conservation retain cost savings: RCW 43.41.170.
43.19.682 Energy conservation to be included in
landscape objectives. The director of the department of
general administration shall seek to further energy conservation objectives among other landscape objectives in planting
and maintaining trees upon grounds administered by the
department. [1993 c 204 § 9.]
Findings—1993 c 204: See note following RCW 35.92.390.
43.19.685 Lease covenants, conditions, and terms to
be developed—Applicability. The director of general
administration shall develop lease covenants, conditions, and
terms which:
(1) Obligate the lessor to conduct or have conducted a
walk-through survey of the leased premises;
(2) Obligate the lessor to implement identified energy
conservation maintenance and operating procedures upon
completion of the walk-through survey; and
(3) Obligate the lessor to undertake technical assistance
studies and subsequent acquisition and installation of energy
conservation measures if the director of general administration, in accordance with rules adopted by the department,
determines that these studies and measures will both conserve energy and can be accomplished with a state funding
contribution limited to the savings which would result in
utility expenses during the term of the lease.
These lease covenants, conditions, and terms shall be
incorporated into all specified new, renewed, and renegotiated leases executed on or after January 1, 1983. This section
applies to all leases under which state occupancy is at least
half of the facility space and includes an area greater than
three thousand square feet. [1982 c 48 § 4; 1980 c 172 § 6.]
43.19.700 In-state preference clauses—Finding—
Intent. The legislature finds that in-state preference clauses
used by other states in procuring goods and services have a
discriminatory effect against Washington vendors with
resulting harm to this state’s revenues and the welfare of this
state’s citizens. Chapter 183, Laws of 1983 is intended to
promote fairness in state government procurement by
requiring that, when appropriate, Washington exercise
reciprocity with those states having in-state preferences, and
it shall be liberally construed to that effect. [1983 c 183 §
1.]
43.19.702 List of statutes and regulations of each
state on state purchasing which grant preference to instate vendors. The director of general administration shall
compile a list of the statutes and regulations, relating to state
purchasing, of each state, which statutes and regulations the
director believes grant a preference to vendors located within
the state or goods manufactured within the state. At least
once every twelve months the director shall update the list.
[1983 c 183 § 2.]
(2002 Ed.)
Department of General Administration
43.19.704 Rules for reciprocity in bidding. The
director of general administration shall adopt and apply rules
designed to provide for some reciprocity in bidding between
Washington and those states having statutes or regulations on
the list under RCW 43.19.702. The director of general
administration shall have broad discretionary power in
developing these rules and the rules shall provide for
reciprocity only to the extent and in those instances where
the director considers it appropriate. For the purpose of
determining the lowest responsible bidder pursuant to RCW
43.19.1911, such rules shall (1) require the director to
impose a reciprocity increase on bids when appropriate under
the rules and (2) establish methods for determining the
amount of the increase. In no instance shall such increase,
if any, be paid to a vendor whose bid is accepted. [1983 c
183 § 3.]
43.19.706 Purchase of Washington agricultural
products—Report to the legislature. (1) The department
of general administration, through the state purchasing and
material control director, shall encourage each state and local
agency doing business with the department to purchase
Washington fruit, vegetables, and agricultural products when
available.
(2) The department of general administration shall work
with the department of agriculture and other interested
parties to identify and recommend strategies to increase
public purchasing of Washington fruit, vegetables, and
agricultural products, and report back orally to the appropriate committees of the legislature in September 2002, and in
January 2003. [2002 c 166 § 2.]
Findings—2002 c 166: "The legislature finds that state-produced
agricultural products are of the highest quality, transported the least
distance, and are the freshest agricultural products available in Washington
state. The legislature further finds that providing improved markets for the
richly diversified agricultural commodities produced in Washington is
needed to stabilize and enhance the rural and agricultural economies in
Washington." [2002 c 166 § 1.]
Effective date—2002 c 166: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 166 § 3.]
43.19.710 Consolidated mail service—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this section and RCW
43.19.715.
(1) "Consolidated mail service" means incoming,
outgoing, and internal mail processing.
(2) "Department" means the department of general
administration.
(3) "Director" means the director of the department of
general administration.
(4) "Agency" means:
(a) The office of the governor; and
(b) Any office, department, board, commission, or other
separate unit or division, however designated, of the state
government, together with all personnel thereof: Upon
which the statutes confer powers and impose duties in
connection with operations of either a governmental or
proprietary nature; and that has as its chief executive officer
a person or combination of persons such as a commission,
(2002 Ed.)
43.19.704
board, or council, by law empowered to operate it, responsible either to: (i) No other public officer or (ii) the governor.
(5) "Incoming mail" means mail, packages, or similar
items received by an agency, through the United States
postal service, private carrier services, or other courier
services.
(6) "Outgoing mail" means mail, packages, or similar
items processed for agencies to be sent through the United
States postal service, private carrier services, or other courier
services.
(7) "Internal mail" means interagency mail, packages, or
similar items that are delivered or to be delivered to a state
agency, the legislature, the supreme court, or the court of
appeals, and their officers and employees. [1993 c 219 § 2.]
Intent—1993 c 219: "It is the intent of the legislature to consolidate
mail functions for state government in a manner that will provide timely,
effective, efficient, and less-costly mail service for state government."
[1993 c 219 § 1.]
Effective date—1993 c 219: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 219 § 6.]
43.19.715 Consolidated mail service—Area served.
The director shall establish a consolidated mail service to
handle all incoming, outgoing, and internal mail in the 98504
zip code area or successor zip code areas for agencies in the
Olympia, Tumwater, and Lacey area. The director may
include additional geographic areas within the consolidated
mail service, based upon his or her determination. The
department shall also provide mail services to legislative and
judicial agencies in the Olympia, Tumwater, and Lacey area
upon request.
The director may bill state agencies and other entities
periodically for mail services rendered. [1993 c 219 § 3.]
Intent—Effective date—1993 c 219: See notes following RCW
43.19.710.
43.19.720 Consolidated mail service—Review needs
of state agencies. The department, in cooperation with the
office of financial management, shall review current and
prospective needs of state agencies for any equipment to process mail throughout state government. If after such
consultation, the department should find that the economy,
efficiency, or effectiveness of state government would be
improved by such a transfer or other disposition, then the
property shall be transferred or otherwise disposed.
After making such finding, the department shall direct
the transfer of existing state property, facilities, and equipment pertaining to the consolidated mail service or United
States postal service. Any dispute concerning the benefits in
state governmental economy, efficiency, and effectiveness
shall be resolved by the office of financial management.
[1993 c 219 § 5.]
Intent—Effective date—1993 c 219: See notes following RCW
43.19.710.
[Title 43 RCW—page 87]
Chapter 43.19A
Title 43 RCW: State Government—Executive
Chapter 43.19A
RECYCLED PRODUCT PROCUREMENT
Sections
43.19A.005
43.19A.010
43.19A.020
43.19A.030
43.19A.040
Purpose.
Definitions.
Recycled product purchasing—Federal product standards.
Local government duties.
Local government adoption of preferential purchase policy
optional.
43.19A.050 Strategy for state agency procurement.
43.19A.060 Data base of products and vendors.
43.19A.070 Education program—Product substitution list—Model procurement guidelines.
43.19A.080 Bid notification to state recycled content requirements.
43.19A.110 Local road projects—Compost products.
43.19A.900 Captions not law—1991 c 297.
Recycled material products purchase: RCW 43.19.538.
43.19A.005 Purpose. It is the purpose of this chapter
to:
(1) Substantially increase the procurement of recycled
content products by all local and state governmental agencies
and public schools, and provide a model to encourage a
comparable commitment by Washington state citizens and
businesses in their purchasing practices;
(2) Target government procurement policies and goals
toward those recycled products for which there are significant market development needs or that may substantially
contribute to solutions to the state’s waste management problem;
(3) Provide standards for recycled products for use in
procurement programs by all governmental agencies;
(4) Provide the authority for all governmental agencies
to adopt preferential purchasing policies for recycled
products;
(5) Direct state agencies to develop strategies to increase
recycled product purchases, and to provide specific goals for
procurement of recycled paper products and organic recovered materials; and
(6) Provide guidance and direction for local governments and other public agencies to develop plans for
increasing the procurement of recycled content products.
[1991 c 297 § 1.]
43.19A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Compost products" means mulch, soil amendments,
ground cover, or other landscaping material derived from the
biological or mechanical conversion of biosolids or cellulosecontaining waste materials.
(2) "Department" means the department of general
administration.
(3) "Director" means the director of the department of
general administration.
(4) "Local government" means a city, town, county,
special purpose district, school district, or other municipal
corporation.
(5) "Lubricating oil" means petroleum-based oils for
reducing friction in engine parts and other mechanical parts.
[Title 43 RCW—page 88]
(6) "Mixed waste paper" means assorted low-value
grades of paper that have not been separated into individual
grades of paper at the point of collection.
(7) "Municipal sewage sludge" means a semisolid
substance consisting of settled sewage solids combined with
varying amounts of water and dissolved materials generated
from a publicly owned wastewater treatment plant.
(8) "Biosolids" means municipal sewage sludge or septic
tank septage sludge that meets the requirements of chapter
70.95J RCW.
(9) "Paper and paper products" means all items manufactured from paper or paperboard.
(10) "Postconsumer waste" means a material or product
that has served its intended use and has been discarded for
disposal or recovery by a final consumer.
(11) "Procurement officer" means the person that has
the primary responsibility for procurement of materials or
products.
(12) "State agency" means all units of state government,
including divisions of the governor’s office, the legislature,
the judiciary, state agencies and departments, correctional
institutions, vocational technical institutions, and universities
and colleges.
(13) "Recycled content product" or "recycled product"
means a product containing recycled materials.
(14) "Recycled materials" means waste materials and
by-products that have been recovered or diverted from solid
waste and that can be utilized in place of a raw or virgin
material in manufacturing a product and consists of materials
derived from postconsumer waste, manufacturing waste,
industrial scrap, agricultural wastes, and other items, all of
which can be used in the manufacture of new or recycled
products.
(15) "Re-refined oils" means used lubricating oils from
which the physical and chemical contaminants acquired
through previous use have been removed through a refining
process. Re-refining may include distillation, hydrotreating,
or treatments employing acid, caustic, solvent, clay, or other
chemicals, or other physical treatments other than those used
in reclaiming.
(16) "USEPA product standards" means the product
standards of the United States environmental protection
agency for recycled content published in the code of federal
regulations. [1992 c 174 § 12; 1991 c 297 § 2.]
43.19A.020 Recycled product purchasing—Federal
product standards. (1) The federal product standards,
adopted under 42 U.S.C. Sec. 6962(e) as it exists on July 1,
2001, are adopted as the minimum standards for the state of
Washington. These standards shall be implemented for at
least the products listed in this subsection, unless the director
finds that a different standard would significantly increase
recycled product availability or competition.
(a) Paper and paper products;
(b) Organic recovered materials;
(c) Latex paint products;
(d) Products for lower value uses containing recycled
plastics;
(e) Retread and remanufactured tires;
(f) Lubricating oils;
(g) Automotive batteries;
(2002 Ed.)
Recycled Product Procurement
(h) Building products and materials;
(i) Panelboard; and
(j) Compost products.
(2) By July 1, 2001, the director shall adopt product
standards for strawboard manufactured using as an ingredient
straw that is produced as a by-product in the production of
cereal grain or turf or grass seed and product standards for
products made from strawboard.
(3) The standards required by this section shall be
applied to recycled product purchasing by the department,
other state agencies, and state postsecondary educational
institutions. The standards may be adopted or applied by
any other local government in product procurement. The
standards shall provide for exceptions under appropriate
circumstances to allow purchases of recycled products that
do not meet the minimum content requirements of the
standards. [2001 c 77 § 1; 1996 c 198 § 1; 1995 c 269 §
1406; 1991 c 297 § 3.]
Effective date—2001 c 77: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 77 § 2.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
43.19A.030 Local government duties. (1) By
January 1, 1993, each local government shall review its
existing procurement policies and specifications to determine
whether recycled products are intentionally or unintentionally
excluded. The policies and specifications shall be revised to
include such products unless a recycled content product does
not meet an established performance standard of the agency.
(2) By fiscal year 1994, each local government shall
adopt a minimum purchasing goal for recycled content as a
percentage of the total dollar value of supplies purchased.
To assist in achieving this goal each local government shall
adopt a strategy by January 1, 1993, and shall submit a description of the strategy to the department. All public
agencies shall respond to requests for information from the
department for the purpose of its reporting requirements
under this section.
(3) Each local government shall designate a procurement
officer who shall serve as the primary contact with the
department for compliance with the requirements of this
chapter.
(4) This section shall apply only to local governments
with expenditures for supplies exceeding five hundred
thousand dollars for fiscal year 1989. Expenditures for
capital goods and for electricity, water, or gas for resale shall
not be considered a supply expenditure. [1998 c 245 § 57;
1991 c 297 § 4.]
43.19A.040 Local government adoption of preferential purchase policy optional. (1) Each local government
shall consider the adoption of policies, rules, or ordinances
to provide for the preferential purchase of recycled content
products. Any local government may adopt the preferential
purchasing policy of the department of general administration, or portions of such policy, or another policy that
provides a preference for recycled content products.
(2002 Ed.)
43.19A.020
(2) The department of general administration shall
prepare one or more model recycled content preferential
purchase policies suitable for adoption by local governments.
The model policy shall be widely distributed and provided
through the technical assistance and workshops under RCW
43.19A.070.
(3) A local government that is not subject to the
purchasing authority of the department of general administration, and that adopts the preferential purchase policy or rules
of the department, shall not be limited by the percentage
price preference included in such policy or rules. [1991 c
297 § 6.]
43.19A.050 Strategy for state agency procurement.
The department shall prepare a strategy to increase purchases
of recycled-content products by the department and all state
agencies, including higher education institutions. The
strategy shall include purchases from public works contracts.
The strategy shall address the purchase of plastic products,
retread and remanufactured tires, motor vehicle lubricants,
latex paint, and lead acid batteries having recycled content.
In addition, the strategy shall incorporate actions to achieve
the following purchase level goals of recycled content paper
and compost products:
(1) Paper products as a percentage of the total dollar
amount purchased on an annual basis:
(a) At least sixty percent by 1996;
(b) At least seventy percent by 1997;
(c) At least eighty percent by 1998.
(2) Compost products as a percentage of the total dollar
amount on an annual basis:
(a) At least forty percent by 1996;
(b) At least sixty percent by 1997;
(c) At least eighty percent by 1998. [1996 c 198 § 2;
1991 c 297 § 7.]
43.19A.060 Data base of products and vendors. (1)
The department shall develop a data base of available
products with recycled-content products, and vendors
supplying such products. The data base shall incorporate
information regarding product consistency with the content
standards adopted under RCW 43.19A.020. The data base
shall incorporate information developed through state and
local government procurement of recycled-content products.
(2) By December 1, 1992, the department shall report to
the appropriate standing committees of the legislature on the
cost of making the data base accessible to all state and local
governments and to the private sector.
(3) The department shall compile information on
purchases made by the department or pursuant to the
department’s purchasing authority, and information provided
by local governments, regarding:
(a) The percentage of recycled content and, if known,
the amount of postconsumer waste in the products purchased;
(b) Price;
(c) Agency experience with the performance of recycled
products and the supplier under the terms of the purchase;
and
(d) Any other information deemed appropriate by the
department. [1991 c 297 § 8.]
[Title 43 RCW—page 89]
43.19A.070
Title 43 RCW: State Government—Executive
43.19A.070 Education program—Product substitution list—Model procurement guidelines. (1) The department shall implement an education program to encourage
maximum procurement of recycled products by state and
local government entities. The program shall include at least
the following:
(a) Technical assistance to all state and local governments and their designated procurement officers on the
requirements of this chapter, including preparation of model
purchase contracts, the preparation of procurement plans, and
the availability of recycled products;
(b) Two or more workshops annually in which all state
and local government entities are invited;
(c) Information on intergovernmental agreements to
facilitate procurement of recycled products.
(2) The director shall, in consultation with the department of ecology, make available to the public, local jurisdictions, and the private sector, a comprehensive list of substitutes for extremely hazardous, hazardous, toxic, and
nonrecyclable products, and disposable products intended for
a single use. The department and all state agencies exercising the purchasing authorities of the department shall include
the substitute products on bid notifications, except where the
department allows an exception based upon product availability, price, suitability for intended use, or similar reasons.
(3) The department shall prepare model procurement
guidelines for use by local governments. [1991 c 297 § 9.]
43.19A.080 Bid notification to state recycled content
requirements. A notification regarding a state or local
government’s intent to procure products with recycled
content must be prominently displayed in the procurement
solicitation or invitation to bid including:
(1) A description of the postconsumer waste content or
recycled content requirements; and
(2) A description of the agency’s recycled content
preference program. [1991 c 297 § 11.]
43.19A.110 Local road projects—Compost products. (1) Each county and city required to prepare a strategy
under RCW 43.19A.030 shall adopt specifications for
compost products to be used in road projects. The specifications developed by the department of transportation under
RCW 47.28.220 may be adopted by the city or county in
lieu of developing specifications.
(2) After July 1, 1992, any contract awarded in whole
or in part for applying soils, soil covers, or soil amendments
to road rights of way shall specify that compost materials be
purchased in accordance with the following schedule:
(a) For the period July 1, 1992, through June 30, 1994,
at least twenty-five percent of the total dollar amount of
purchases by the city or county;
(b) On and after July 1, 1994, at least fifty percent of
the annual total dollar amount of purchases by the city or
county.
(3) The city or county may depart from the schedule in
subsection (2) of this section where it determines that no
suitable product is available at a reasonable price. [1991 c
297 § 17.]
[Title 43 RCW—page 90]
43.19A.900 Captions not law—1991 c 297. Captions
as used in this act constitute no part of the law. [1991 c 297
§ 21.]
Chapter 43.20
STATE BOARD OF HEALTH
Sections
43.20.025
43.20.030
Definitions.
State board of health—Members—Chairman—Staff support—Executive director, confidential secretary—
Compensation and travel expenses of members.
43.20.035 State board of health—Cooperation with environmental
agencies.
43.20.050 Powers and duties of state board of health—State public
health report—Delegation of authority—Enforcement of
rules.
43.20.100 Annual report.
43.20.110 Federal act on maternal and infancy hygiene accepted.
43.20.140 Services to crippled children—Rules and regulations.
43.20.175 Violations—Injunctions and legal proceedings authorized.
43.20.185 Enforcement of health laws and state or local rules and
regulations upon request of local health officer.
43.20.195 Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute
proceedings—Notice to alleged violator.
43.20.200 Grant-in-aid payments for local health departments.
43.20.215 Right of person to rely on prayer to alleviate ailments not
abridged.
43.20.220 Cooperation with federal government—Construction of Title
70 RCW.
43.20.230 Water resource planning—Procedures, criteria, technical
assistance.
43.20.235 Water conservation—Water delivery rate structures.
43.20.240 Public water systems—Complaint process.
43.20.250 Review of water system plan—Time limitations—Notice of
rejection of plan or extension of timeline.
Cold storage food workers, health certificates: RCW 19.32.110.
Contagious diseases
abatement: RCW 70.05.070.
report of local officers and physicians: RCW 70.05.110.
Control of pet animals infected with diseases communicable to humans,
state board of health duties: Chapter 16.70 RCW.
Death certificates: RCW 70.58.150 through 70.58.190.
Drinking water quality consumer complaints: RCW 80.04.110.
Food and beverage service workers’ permits, prescribed by: RCW
69.06.010.
Health, department of: Chapter 43.70 RCW.
Hospitals
disclosure of information: RCW 70.41.150.
enforcement of board rules: RCW 70.41.040.
inspection: RCW 70.41.120.
Immunization program, state board of health participation: RCW
28A.210.060 through 28A.210.170.
Physicians, regulation of professional services: RCW 70.41.180.
Screening program for scoliosis, state board of health participation: RCW
28A.210.180 through 28A.210.250.
Sexually transmitted diseases: Chapter 70.24 RCW.
Social and health services, department created: RCW 43.17.010,
43.20A.030.
43.20.025 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Consumer representative" means any person who is
not an elected official, who has no fiduciary obligation to a
(2002 Ed.)
State Board of Health
health facility or other health agency, and who has no
material financial interest in the rendering of health services.
(2) "*Council" means the health care access and cost
control council.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health, or the
secretary’s designee.
(5) "Local health board" means a health board created
pursuant to chapter 70.05, 70.08, or 70.46 RCW.
(6) "Local health officer" means the legally qualified
physician appointed as a health officer pursuant to chapter
70.05, 70.08, or 70.46 RCW.
(7) "State board" means the state board of health created
under chapter 43.20 RCW. [1989 1st ex.s. c 9 § 208; 1984
c 243 § 1.]
*Reviser’s note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204,
effective July 1, 1995.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.20.030 State board of health—Members—
Chairman—Staff support—Executive director, confidential secretary—Compensation and travel expenses of
members. The state board of health shall be composed of
ten members. These shall be the secretary or the secretary’s
designee and nine other persons to be appointed by the
governor, including four persons experienced in matters of
health and sanitation, an elected city official who is a
member of a local health board, an elected county official
who is a member of a local health board, a local health officer, and two persons representing the consumers of health
care. Before appointing the city official, the governor shall
consider any recommendations submitted by the association
of Washington cities. Before appointing the county official,
the governor shall consider any recommendations submitted
by the Washington state association of counties. Before
appointing the local health officer, the governor shall
consider any recommendations submitted by the Washington
state association of local public health officials. Before
appointing one of the two consumer representatives, the
governor shall consider any recommendations submitted by
the state council on aging. The chairman shall be selected
by the governor from among the nine appointed members.
The department of social and health services shall provide
necessary technical staff support to the board. The board
may employ an executive director and a confidential secretary, each of whom shall be exempt from the provisions of
the state civil service law, chapter 41.06 RCW.
Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their
travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 § 75; 1984 c 243 § 2; (1993 c 492
§ 255 repealed by 1995 c 43 § 16); 1970 ex.s. c 18 § 11;
1965 c 8 § 43.20.030. Prior: 1921 c 7 § 56, part; RRS §
10814, part.]
Reviser’s note: This section was amended by 1984 c 287 § 75 and
by 1984 c 243 § 2, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
(2002 Ed.)
43.20.025
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.20.035 State board of health—Cooperation with
environmental agencies. See RCW 43.70.310.
43.20.050 Powers and duties of state board of
health—State public health report—Delegation of
authority—Enforcement of rules. (1) The state board of
health shall provide a forum for the development of public
health policy in Washington state. It is authorized to
recommend to the secretary means for obtaining appropriate
citizen and professional involvement in all public health
policy formulation and other matters related to the powers
and duties of the department. It is further empowered to
hold hearings and explore ways to improve the health status
of the citizenry.
(a) At least every five years, the state board shall
convene regional forums to gather citizen input on public
health issues.
(b) Every two years, in coordination with the development of the state biennial budget, the state board shall
prepare the state public health report that outlines the health
priorities of the ensuing biennium. The report shall:
(i) Consider the citizen input gathered at the forums;
(ii) Be developed with the assistance of local health
departments;
(iii) Be based on the best available information collected
and reviewed according to RCW 43.70.050 and recommendations from the *council;
(iv) Be developed with the input of state health care
agencies. At least the following directors of state agencies
shall provide timely recommendations to the state board on
suggested health priorities for the ensuing biennium: The
secretary of social and health services, the health care
authority administrator, the insurance commissioner, the
superintendent of public instruction, the director of labor and
industries, the director of ecology, and the director of
agriculture;
(v) Be used by state health care agency administrators
in preparing proposed agency budgets and executive request
legislation;
(vi) Be submitted by the state board to the governor by
January 1 of each even-numbered year for adoption by the
governor. The governor, no later than March 1 of that year,
shall approve, modify, or disapprove the state public health
report.
(c) In fulfilling its responsibilities under this subsection,
the state board may create ad hoc committees or other such
committees of limited duration as necessary.
(2) In order to protect public health, the state board of
health shall:
(a) Adopt rules necessary to assure safe and reliable
public drinking water and to protect the public health. Such
rules shall establish requirements regarding:
(i) The design and construction of public water system
facilities, including proper sizing of pipes and storage for the
number and type of customers;
(ii) Drinking water quality standards, monitoring
requirements, and laboratory certification requirements;
(iii) Public water system management and reporting
requirements;
[Title 43 RCW—page 91]
43.20.050
Title 43 RCW: State Government—Executive
(iv) Public water system planning and emergency
response requirements;
(v) Public water system operation and maintenance
requirements;
(vi) Water quality, reliability, and management of
existing but inadequate public water systems; and
(vii) Quality standards for the source or supply, or both
source and supply, of water for bottled water plants.
(b) Adopt rules and standards for prevention, control,
and abatement of health hazards and nuisances related to the
disposal of wastes, solid and liquid, including but not limited
to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design,
construction, and operation of sewage, garbage, refuse and
other solid waste collection, treatment, and disposal facilities;
(c) Adopt rules controlling public health related to
environmental conditions including but not limited to
heating, lighting, ventilation, sanitary facilities, cleanliness
and space in all types of public facilities including but not
limited to food service establishments, schools, institutions,
recreational facilities and transient accommodations and in
places of work;
(d) Adopt rules for the imposition and use of isolation
and quarantine;
(e) Adopt rules for the prevention and control of
infectious and noninfectious diseases, including food and
vector borne illness, and rules governing the receipt and
conveyance of remains of deceased persons, and such other
sanitary matters as admit of and may best be controlled by
universal rule; and
(f) Adopt rules for accessing existing data bases for the
purposes of performing health related research.
(3) The state board may delegate any of its rule-adopting authority to the secretary and rescind such delegated
authority.
(4) All local boards of health, health authorities and
officials, officers of state institutions, police officers,
sheriffs, constables, and all other officers and employees of
the state, or any county, city, or township thereof, shall
enforce all rules adopted by the state board of health. In the
event of failure or refusal on the part of any member of such
boards or any other official or person mentioned in this
section to so act, he shall be subject to a fine of not less
than fifty dollars, upon first conviction, and not less than one
hundred dollars upon second conviction.
(5) The state board may advise the secretary on health
policy issues pertaining to the department of health and the
state. [1993 c 492 § 489; 1992 c 34 § 4. Prior: 1989 1st
ex.s. c 9 § 210; 1989 c 207 § 1; 1985 c 213 § 1; 1979 c 141
§ 49; 1967 ex.s. c 102 § 9; 1965 c 8 § 43.20.050; prior: (i)
1901 c 116 § 1; 1891 c 98 § 2; RRS § 6001. (ii) 1921 c 7
§ 58; RRS § 10816.]
*Reviser’s note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204,
effective July 1, 1995.
Findings—1993 c 492: "The legislature finds that our health and
financial security are jeopardized by our ever increasing demand for health
care and by current health insurance and health system practices. Current
health system practices encourage public demand for unneeded, ineffective,
and sometimes dangerous health treatments. These practices often result in
unaffordable cost increases that far exceed ordinary inflation for essential
care. Current total health care expenditure rates should be sufficient to
[Title 43 RCW—page 92]
provide access to essential health care interventions to all within a reformed,
efficient system.
The legislature finds that too many of our state’s residents are without
health insurance, that each year many individuals and families are forced
into poverty because of serious illness, and that many must leave gainful
employment to be eligible for publicly funded medical services. Additionally, thousands of citizens are at risk of losing adequate health insurance, have
had insurance canceled recently, or cannot afford to renew existing
coverage.
The legislature finds that businesses find it difficult to pay for health
insurance and remain competitive in a global economy, and that individuals,
the poor, and small businesses bear an inequitable health insurance burden.
The legislature finds that persons of color have significantly higher
rates of mortality and poor health outcomes, and substantially lower
numbers and percentages of persons covered by health insurance than the
general population. It is intended that chapter 492, Laws of 1993 make
provisions to address the special health care needs of these racial and ethnic
populations in order to improve their health status.
The legislature finds that uncontrolled demand and expenditures for
health care are eroding the ability of families, businesses, communities, and
governments to invest in other enterprises that promote health, maintain
independence, and ensure continued economic welfare. Housing, nutrition,
education, and the environment are all diminished as we invest ever
increasing shares of wealth in health care treatments.
The legislature finds that while immediate steps must be taken, a longterm plan of reform is also needed." [1993 c 492 § 101.]
Intent—1993 c 492: "(1) The legislature intends that state government policy stabilize health services costs, assure access to essential services
for all residents, actively address the health care needs of persons of color,
improve the public’s health, and reduce unwarranted health services costs
to preserve the viability of nonhealth care businesses.
(2) The legislature intends that:
(a) Total health services costs be stabilized and kept within rates of
increase similar to the rates of personal income growth within a publicly
regulated, private marketplace that preserves personal choice;
(b) State residents be enrolled in the certified health plan of their
choice that meets state standards regarding affordability, accessibility, costeffectiveness, and clinical efficaciousness;
(c) State residents be able to choose health services from the full range
of health care providers, as defined in RCW 43.72.010(12), in a manner
consistent with good health services management, quality assurance, and
cost effectiveness;
(d) Individuals and businesses have the option to purchase any health
services they may choose in addition to those included in the uniform
benefits package or supplemental benefits;
(e) All state residents, businesses, employees, and government
participate in payment for health services, with total costs to individuals on
a sliding scale based on income to encourage efficient and appropriate
utilization of services;
(f) These goals be accomplished within a reformed system using
private service providers and facilities in a way that allows consumers to
choose among competing plans operating within budget limits and other
regulations that promote the public good; and
(g) A policy of coordinating the delivery, purchase, and provision of
health services among the federal, state, local, and tribal governments be
encouraged and accomplished by chapter 492, Laws of 1993.
(3) Accordingly, the legislature intends that chapter 492, Laws of 1993
provide both early implementation measures and a process for overall
reform of the health services system." [1993 c 492 § 102.]
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Severability—1992 c 34: See note following RCW 69.07.170.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Savings—1985 c 213: "This act shall not be construed as affecting
any existing right acquired or liability or obligation incurred under the
sections amended or repealed in this act or under any rule, regulation, or
order adopted under those sections, nor as affecting any proceeding
instituted under those sections." [1985 c 213 § 31.]
Effective date—1985 c 213: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 213 § 33.]
(2002 Ed.)
State Board of Health
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
Rules and regulations—Visual and auditory screening of pupils: RCW
28A.210.020.
43.20.100 Annual report. The state board of health
shall make an annual report to the governor including therein
suggestions for such legislative action as it deems necessary.
[1977 c 75 § 44; 1965 c 8 § 43.20.100. Prior: 1891 c 98 §
11; RRS § 6007.]
43.20.110 Federal act on maternal and infancy
hygiene accepted. The provisions of the act of congress
entitled "An Act for the promotion of the welfare and
hygiene of maternity and infancy, and for other purposes,"
approved November 23, 1921, are hereby accepted by the
state of Washington. [1965 c 8 § 43.20.110. Prior: 1923
c 127 § 1; RRS § 10814-1.]
43.20.140 Services to crippled children—Rules and
regulations. The director of the state board of health shall
be empowered to promulgate such rules and regulations as
shall be necessary to effectuate and carry out the purposes of
RCW 43.20A.635. [1979 c 141 § 58; 1965 c 8 § 43.20.140.
Prior: 1941 c 129 § 2; Rem. Supp. 1941 § 9992-107b.
Formerly RCW 74.12.220.]
43.20.175 Violations—Injunctions and legal proceedings authorized. See RCW 43.70.190.
43.20.185 Enforcement of health laws and state or
local rules and regulations upon request of local health
officer. See RCW 43.70.200.
43.20.195 Reports of violations by secretary—Duty
of attorney general, prosecuting attorney or city attorney
to institute proceedings—Notice to alleged violator. See
RCW 43.20A.660.
43.20.200 Grant-in-aid payments for local health
departments. The state board of health is hereby authorized
to provide grant-in-aid payments with state funds to assist in
the cost of general operation of local health departments in
accordance with standards established by the board. [1967
ex.s. c 102 § 11.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20.215 Right of person to rely on prayer to
alleviate ailments not abridged. See RCW 43.70.210.
43.20.220 Cooperation with federal government—
Construction of Title 70 RCW. See RCW 70.01.010.
43.20.230 Water resource planning—Procedures,
criteria, technical assistance. Consistent with the water
resource planning process of the department of ecology, the
department of health shall:
(1) Develop procedures and guidelines relating to water
use efficiency, as defined in *section 4(3), chapter 348,
Laws of 1989, to be included in the development and
(2002 Ed.)
43.20.050
approval of cost-efficient water system plans required under
RCW 43.20.050;
(2) Develop criteria, with input from technical experts,
with the objective of encouraging the cost-effective reuse of
greywater and other water recycling practices, consistent
with protection of public health and water quality;
(3) Provide advice and technical assistance upon request
in the development of water use efficiency plans; and
(4) Provide advice and technical assistance on request
for development of model conservation rate structures for
public water systems. Subsections (1), (2), and (3) of this
section are subject to the availability of funding. [1993 sp.s.
c 4 § 9; 1989 c 348 § 12.]
*Reviser’s note: 1989 c 348 § 4 was vetoed.
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
43.20.235 Water conservation—Water delivery rate
structures. Water purveyors required to develop a water
system plan pursuant to RCW 43.20.230 shall evaluate the
feasibility of adopting and implementing water delivery rate
structures that encourage water conservation. This information shall be included in water system plans submitted to the
department of health for approval after July 1, 1993. The
department shall evaluate the following:
(1) Rate structures currently used by public water
systems in Washington; and
(2) Economic and institutional constraints to implementing conservation rate structures. [1998 c 245 § 58; 1993
sp.s. c 4 § 10.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
43.20.240 Public water systems—Complaint process. (1) The department shall have primary responsibility
among state agencies to receive complaints from persons
aggrieved by the failure of a public water system. If the
remedy to the complaint is not within the jurisdiction of the
department, the department shall refer the complaint to the
state or local agency that has the appropriate jurisdiction.
The department shall take such steps as are necessary to
inform other state agencies of their primary responsibility for
such complaints and the implementing procedures.
(2) Each county shall designate a contact person to the
department for the purpose of receiving and following up on
complaint referrals that are within county jurisdiction. In the
absence of any such designation, the county health officer
shall be responsible for performing this function.
(3) The department and each county shall establish
procedures for providing a reasonable response to complaints
received from persons aggrieved by the failure of a public
water system.
(4) The department and each county shall use all
reasonable efforts to assist customers of public water systems
in obtaining a dependable supply of water at all times. The
availability of resources and the public health significance of
the complaint shall be considered when determining what
constitutes a reasonable effort.
(5) The department shall, in consultation with local
governments, water utilities, water-sewer districts, public
utility districts, and other interested parties, develop a
[Title 43 RCW—page 93]
43.20.240
Title 43 RCW: State Government—Executive
booklet or other single document that will provide to
members of the public the following information:
(a) A summary of state law regarding the obligations of
public water systems in providing drinking water supplies to
their customers;
(b) A summary of the activities, including planning, rate
setting, and compliance, that are to be performed by both
local and state agencies;
(c) The rights of customers of public water systems,
including identification of agencies or offices to which they
may address the most common complaints regarding the
failures or inadequacies of public water systems.
This booklet or document shall be available to members
of the public no later than January 1, 1991. [1999 c 153 §
56; 1990 c 132 § 3.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Legislative findings—1990 c 132: "The legislature finds the best
interests of the citizens of the state are served if:
(1) Customers served by public water systems are assured of an
adequate quantity and quality of water supply at reasonable rates;
(2) There is improved coordination between state agencies engaged in
water system planning and public health regulation and local governments
responsible for land use planning and public health and safety; and
(3) Existing procedures and processes for water system planning are
strengthened and fully implemented by state agencies, local government, and
public water systems." [1990 c 132 § 1.]
Severability—1990 c 132: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 132 § 7.]
43.20.250 Review of water system plan—Time
limitations—Notice of rejection of plan or extension of
timeline. For any new or revised water system plan
submitted for review under this chapter, the department shall
review and either approve, conditionally approve, reject, or
request amendments within ninety days of the receipt of the
submission of the plan. The department may extend this
ninety-day time limitation for new submittals by up to an
additional ninety days if insufficient time exists to adequately review the general comprehensive plan. For rejections of
plans or extensions of the timeline, the department shall
provide in writing, to the person or entity submitting the
plan, the reason for such action. In addition, the person or
entity submitting the plan and the department may mutually
agree to an extension of the deadlines contained in this
section. [2002 c 161 § 1.]
Chapter 43.20A
DEPARTMENT OF SOCIAL
AND HEALTH SERVICES
Sections
43.20A.005
43.20A.010
43.20A.020
43.20A.025
43.20A.030
43.20A.035
Intent—Public involvement and outreach.
Purpose.
Definitions.
"Appropriately trained professional person" defined by rule.
Department created—Powers and duties transferred to.
Inventory of charitable, educational, penal, and reformatory
land.
43.20A.037 Affordable housing—Inventory of suitable housing.
43.20A.040 Secretary of social and health services—Appointment—
Term—Salary—Temporary appointment if vacancy—As
executive head and appointing authority.
[Title 43 RCW—page 94]
43.20A.050 Secretary of social and health services—Powers and duties
generally—Employment of assistants and personnel,
limitation.
43.20A.060 Departmental divisions—Plan establishing and organizing.
43.20A.065 Review of expenditures for drug and alcohol treatment.
43.20A.073 Rule making regarding sex offenders.
43.20A.075 Rule-making authority.
43.20A.080 Data sharing—Confidentiality—Penalties.
43.20A.090 Deputy secretary—Department personnel director—Assistant
secretaries—Appointment—Duties—Salaries.
43.20A.100 Certain personnel exempted from state civil service law—
Minimum qualifications for confidential secretaries.
43.20A.105 Social worker V employees—Implementation plan.
43.20A.110 Secretary’s delegation of powers and duties.
43.20A.130 Secretary or designee as member of state board of health.
43.20A.158 Health protection for certain children, expectant mothers and
adult retarded, powers and duties of secretary of health.
43.20A.160 Department as state radiation control agency.
43.20A.165 Federal Safe Drinking Water Act—Department to participate
in and administer in conjunction with other departments.
43.20A.167 Federal Older Americans Act of 1965—Department to participate in and administer.
43.20A.168 Community programs and projects for the aging.
43.20A.205 Denial, suspension, revocation, or modification of license.
43.20A.215 Assessment of civil fine.
43.20A.240 Veterans’ rehabilitation council under department’s jurisdiction—Secretary’s duties.
43.20A.300 Department as state agency for receipt of federal funds for
vocational rehabilitation—Exception.
43.20A.310 Vocational rehabilitation, powers and duties of secretary or
designee.
43.20A.320 Consultation with coordinating council for occupational
education.
43.20A.350 Committees and councils—Declaration of purpose.
43.20A.360 Committees and councils—Appointment—Memberships—
Terms—Vacancies—Travel expenses.
43.20A.365 Drug reimbursement policy recommendations.
43.20A.390 Per diem or mileage—Limitation.
43.20A.400 Purchase of services from public or nonprofit agencies—
Utilization of nonappropriated funds.
43.20A.405 Purchase of services from public or nonprofit agencies—
Vendor rates—Establishment.
43.20A.410 Purchase of services from public or nonprofit agencies—
Factors to be considered.
43.20A.415 Purchase of services from public or nonprofit agencies—
Retention of basic responsibilities by secretary.
43.20A.420 Purchase of services from public or nonprofit agencies—
Secretary to provide consultative, technical and development services to suppliers—Review of services.
43.20A.425 Purchase of services from public or nonprofit agencies—
Qualifications of vendors.
43.20A.430 Purchase of services from public or nonprofit agencies—
Retention of sums to pay departmental costs.
43.20A.445 State-operated workshops at institutions—Authorized—
Standards.
43.20A.550 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be
construed to meet federal law—Conflicting parts
deemed inoperative.
43.20A.605 Authority to administer oaths and issue subpoenas—
Provisions governing subpoenas.
43.20A.607 Authority to appoint a single executive officer for multiple
institutions—Exception.
43.20A.610 Employment of deputies, experts, physicians, etc.
43.20A.635 Services to crippled children.
43.20A.637 Services to crippled children—Rules and regulations.
43.20A.660 Reports of violations by secretary—Duty of attorney general, prosecuting attorney or city attorney to institute
proceedings—Notice to alleged violator.
43.20A.680 State council on aging established.
43.20A.685 State council on aging—Membership—Terms—Vacancies—
Chairperson—Secretary—Compensation of legislative
members.
43.20A.690 State council on aging—Meetings—Compensation of
nonlegislative members.
43.20A.695 State council on aging—Powers and duties—Bylaws.
(2002 Ed.)
Department of Social and Health Services
43.20A.710 Investigation of conviction records or pending charges of
state employees and individual providers.
43.20A.720 Telecommunications devices and services for the hearing
and speech impaired—Definitions.
43.20A.725 Telecommunications devices for the hearing and speech
impaired—Program for provision of services and equipment—Telecommunications relay service excise tax—
Rules.
43.20A.770 Administration of statutes applicable to runaway youth, atrisk youth, and families in conflict—Consistency required.
43.20A.780 Administration of family services and programs.
43.20A.790 Homeless families with children—Shelter and housing services.
43.20A.800 Vision services for the homeless—Coordination.
43.20A.810 Vision services for the homeless—Funding.
43.20A.820 Vision services for the homeless—Use of used eyeglass
frames by providers.
43.20A.830 Vision services for the homeless—Provider liability.
43.20A.840 Vision services for the homeless—Third party payers.
43.20A.845 Vision services for the homeless—Program name.
43.20A.850 Group homes—Availability of evaluations and data.
43.20A.860 Requirement to seek federal waivers and state law changes
to medical assistance program.
43.20A.870 Children’s services—Annual quality assurance report.
43.20A.880 Training competencies and learning outcomes.
43.20A.930 Effective date—Severability—1970 ex.s. c 18.
Advisory committee on vendor rates—Created—Members—Chairman:
RCW 74.32.100.
Air pollution
limitation on other governmental units or persons: RCW 70.94.370.
personnel, employment of: RCW 70.94.350.
Alcoholism
private establishments and institutions: Chapter 71.12 RCW.
treatment program, generally: Chapters 70.96, 70.96A, 74.50 RCW.
Birth certificates: RCW 70.58.080.
Boarding home licensing: Chapter 18.20 RCW.
Certificates for out-of-state marriage license requirements: RCW
70.58.380.
Child welfare agencies: RCW 74.15.060.
Children, expectant mothers, retarded adults, health protection as to
agencies providing for, duties of secretary of health: RCW 74.15.060.
City sewerage systems, investigation: RCW 35.88.090.
Commission merchants, damaged or unfit products, certificate as to, issued
by department: RCW 20.01.450.
Control of pet animals infected with diseases communicable to humans,
secretary’s duties: Chapter 16.70 RCW.
Council for the prevention of child abuse and neglect, secretary or designee
as member: RCW 43.121.020.
County sewerage and water systems, approval by department: RCW
36.94.100.
Criminally insane, rights, responsibilities and duties: Chapter 10.77 RCW.
Diabetes, policy for inservice training for school staff treating and monitoring affected students: RCW 28A.210.340.
Displaced homemaker act, departmental participation: RCW 28B.04.080.
Drug-free workplace programs: Chapter 49.82 RCW.
Educational programs for residential school residents, departmental duties
and authority: RCW 28A.190.020 through 28A.190.060.
Family preservation services: Chapter 74.14C RCW.
Fees for repository of vaccines and biologics: RCW 70.54.190.
Food stamps: RCW 74.04.500.
Health, department of, functions transferred to: RCW 43.70.900.
Hospital and medical facilities survey and construction
generally: Chapter 70.40 RCW.
secretary’s duties: RCW 70.40.040.
state plan: RCW 70.40.090, 70.40.100.
Hospitals for mentally ill, private establishments
conferences with management: RCW 71.12.530.
examinations generally: RCW 71.12.510, 71.12.520.
(2002 Ed.)
Chapter 43.20A
Juvenile justice act of 1977, department and secretary’s duties under:
Chapter 13.40 RCW.
License
examination for compliance with: RCW 71.12.500.
examination of premises: RCW 71.12.480.
issuance: RCW 71.12.460.
Licensing of adult family homes: Chapter 70.128 RCW.
Medical assistance: Chapter 74.09 RCW.
Mental illness, department’s duties relating to: Chapter 71.05 RCW.
Monitoring enrollee level in basic health plan and medicaid caseload of
children—Funding levels adjustment: RCW 43.41.260.
Mosquito control, duties in regard to: Chapter 70.22 RCW.
Nursing homes licensing, duties concerning: Chapter 18.51 RCW.
Occupational and environmental research facility advisory committee,
membership: RCW 28B.20.456.
Occupational forecast—Agency consultation: RCW 50.38.030.
Offices maintained at state capital: RCW 43.17.050.
Powers and duties, generally: RCW 43.17.030.
Public assistance: Chapters 74.08 and 74.09 RCW.
Purchase of products and services provided by sheltered workshops and
group training centers: RCW 43.19.520 through 43.19.530.
Residential schools and/or homes for children with disabilities: RCW
28A.155.040.
Rules and regulations of department: RCW 43.17.060.
Sanitation advice to local authority: RCW 70.54.040.
Secretary
appointment: RCW 43.17.020.
chief assistants: RCW 43.17.040.
oath: RCW 43.17.030.
vacancy: RCW 43.17.020, 43.17.040.
Shellfish sanitation control: Chapter 69.30 RCW.
State otologist
appointment: RCW 70.50.010.
duties: RCW 70.50.020.
Temporary assistance for needy families: Chapter 74.12 RCW.
Victims of crimes, reimbursement by convicted person as condition of work
release or parole: RCW 7.68.120.
Vital statistics: Chapter 70.58 RCW.
43.20A.005 Intent—Public involvement and outreach. It is the intent of the legislature that the department
of social and health services and the department of ecology,
in consultation with affected constituent groups, continue
appropriate public involvement and outreach mechanisms
designed to provide cost-effective public input on their
programs and policies. [2001 c 291 § 1001.]
Part headings not law—Effective date—2001 c 291: See notes
following RCW 43.20A.360.
43.20A.010 Purpose. The department of social and
health services is designed to integrate and coordinate all
those activities involving provision of care for individuals
who, as a result of their economic, social or health condition,
require financial assistance, institutional care, rehabilitation
or other social and health services. In order to provide for
maximum efficiency of operation consistent with meeting the
needs of those served or affected, the department will
encompass substantially all of the powers, duties and
functions vested by law on June 30, 1970, in the department
of public assistance, the department of institutions, the
veterans’ rehabilitation council and the division of vocational
rehabilitation of the coordinating council on occupational
education. The department will concern itself with changing
[Title 43 RCW—page 95]
43.20A.010
Title 43 RCW: State Government—Executive
social needs, and will expedite the development and implementation of programs designed to achieve its goals. In
furtherance of this policy, it is the legislative intent to set
forth only the broad outline of the structure of the department, leaving specific details of its internal organization and
management to those charged with its administration. [1989
1st ex.s. c 9 § 211; 1979 c 141 § 60; 1970 ex.s. c 18 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Effective date—1970 ex.s. c 18: *"Except as otherwise in this
amendatory act provided, this 1970 amendatory act shall take effect on July
1, 1970." [1970 ex.s. c 18 § 69.]
*Reviser’s note: Phrase "Except as otherwise in this amendatory act
provided" refers to 1970 ex.s. c 18 § 67, uncodified, which pertained to
laws amended in existing education code and as the same were reenacted
in the new education code, effective July 1, 1970, not otherwise pertinent
hereto.
Severability—1970 ex.s. c 18: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application to other persons or
circumstances, is not affected." [1970 ex.s. c 18 § 70.]
43.20A.020 Definitions. As used in this chapter,
unless the context indicates otherwise:
(1) "Department" means the department of social and
health services.
(2) "Secretary" means the secretary of the department of
social and health services.
(3) "Deputy secretary" means the deputy secretary of the
department of social and health services.
(4) "Overpayment" means any department payment or
department benefit to a recipient or to a vendor in excess of
that to which the recipient or vendor is entitled by law, rule,
or contract, including amounts in dispute pending resolution.
(5) "Vendor" means an entity that provides goods or
services to or for clientele of the department and that
controls operational decisions. [1987 c 283 § 1; 1979 c 141
§ 61; 1970 ex.s. c 18 § 2.]
Severability—1987 c 283: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 283 § 17.]
Savings—1987 c 283: "The enactment of this act shall not have the
effect of terminating or in any way modifying any liability, civil or criminal,
that is in existence on July 26, 1987." [1987 c 283 § 18.]
43.20A.025 "Appropriately trained professional
person" defined by rule. The department of social and
health services shall adopt rules defining "appropriately
trained professional person" for the purposes of conducting
mental health and chemical dependency evaluations under
RCW 71.34.052(3), 71.34.054(1), 70.96A.245(3), and
70.96A.250(1). [1998 c 296 § 34.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
43.20A.030 Department created—Powers and duties
transferred to. There is hereby created a department of
state government to be known as the department of social
and health services. All powers, duties and functions vested
by law on June 30, 1970, in the department of public
assistance, the department of institutions, the veterans’
rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education
[Title 43 RCW—page 96]
are transferred to the department. Powers, duties and
functions to be transferred shall include, but not be limited
to, all those powers, duties and functions involving cooperation with other governmental units, such as cities and
counties, or with the federal government, in particular those
concerned with participation in federal grants-in-aid programs. [1989 1st ex.s. c 9 § 212; 1979 c 141 § 62; 1970
ex.s. c 18 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.20A.035 Inventory of charitable, educational,
penal, and reformatory land. The department shall
conduct an inventory of real properties as provided in RCW
79.01.006. [1991 c 204 § 2.]
43.20A.037 Affordable housing—Inventory of
suitable housing. (1) The department shall identify and
catalog real property that is no longer required for department purposes and is suitable for the development of
affordable housing for very low-income, and moderateincome households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and
current zoning classification of the property. The department
shall provide a copy of the inventory to the department of
community, trade, and economic development by November
1, 1993, and every November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department shall purge the inventory of real property of sites
that are no longer available for the development of affordable housing. The department shall include an updated
listing of real property that has become available since the
last update. As used in this section, "real property" means
buildings, land, or buildings and land. [1995 c 399 § 65;
1993 c 461 § 8.]
Finding—1993 c 461: See note following RCW 43.63A.510.
43.20A.040 Secretary of social and health services—
Appointment—Term—Salary—Temporary appointment
if vacancy—As executive head and appointing authority.
The executive head and appointing authority of the department shall be the secretary of social and health services. He
shall be appointed by the governor with the consent of the
senate, and shall serve at the pleasure of the governor. He
shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy
occurs in his position while the senate is not in session, the
governor shall make a temporary appointment until the next
meeting of the senate, when he shall present to that body his
nomination for the office. [1970 ex.s. c 18 § 4.]
43.20A.050 Secretary of social and health services—
Powers and duties generally—Employment of assistants
and personnel, limitation. It is the intent of the legislature
wherever possible to place the internal affairs of the department under the control of the secretary to institute the flexible, alert and intelligent management of its business that
changing contemporary circumstances require. Therefore,
whenever the secretary’s authority is not specifically limited
by law, he or she shall have complete charge and supervisory powers over the department. The secretary is authorized
(2002 Ed.)
Department of Social and Health Services
to create such administrative structures as deemed appropriate, except as otherwise specified by law. The secretary
shall have the power to employ such assistants and personnel
as may be necessary for the general administration of the department. Except as elsewhere specified, such employment
shall be in accordance with the rules of the state civil service
law, chapter 41.06 RCW. [1997 c 386 § 41; 1979 c 141 §
63; 1970 ex.s. c 18 § 5.]
43.20A.060 Departmental divisions—Plan establishing and organizing. The department of social and health
services shall be subdivided into divisions, including a
division of vocational rehabilitation. Except as otherwise
specified or as federal requirements may differently require,
these divisions shall be established and organized in accordance with plans to be prepared by the secretary and
approved by the governor. In preparing such plans, the
secretary shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the
economies, both fiscal and administrative, to be gained from
the consolidation of the departments of public assistance,
institutions, the veterans’ rehabilitation council, and the
division of vocational rehabilitation of the coordinating
council on occupational education. [1989 1st ex.s. c 9 §
213; 1979 c 141 § 64; 1970 ex.s. c 18 § 6.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.20A.065 Review of expenditures for drug and
alcohol treatment. The department of social and health
services shall annually review and monitor the expenditures
made by any county or group of counties which is funded,
in whole or in part, with funds provided by chapter 290,
Laws of 2002. Counties shall repay any funds that are not
spent in accordance with the requirements of chapter 290,
Laws of 2002. [2002 c 290 § 6.]
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note
following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
43.20A.073 Rule making regarding sex offenders.
See RCW 72.09.337.
43.20A.075 Rule-making authority. For rules
adopted after July 23, 1995, the secretary may not rely solely
on a section of law stating a statute’s intent or purpose, on
the enabling provisions of the statute establishing the agency,
or on any combination of such provisions, for statutory
authority to adopt any rule. [1995 c 403 § 102.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.20A.080 Data sharing—Confidentiality—
Penalties. (1) The department shall provide the employment
security department quarterly with the names and social
security numbers of all clients in the WorkFirst program and
any successor state welfare program.
(2002 Ed.)
43.20A.050
(2) The information provided by the employment
security department under RCW 50.13.060 for statistical
analysis and welfare program evaluation purposes may be
used only for statistical analysis, research, and evaluation
purposes as provided in RCW 74.08A.410 and 74.08A.420.
Through individual matches with accessed employment
security department confidential employer wage files, only
aggregate, statistical, group level data shall be reported.
Data sharing by the employment security department may be
extended to include the office of financial management and
other such governmental entities with oversight responsibility
for this program.
(3) The department and other agencies of state government shall protect the privacy of confidential personal data
supplied under RCW 50.13.060 consistent with federal law,
chapter 50.13 RCW, and the terms and conditions of a
formal data-sharing agreement between the employment
security department and agencies of state government, however the misuse or unauthorized use of confidential data
supplied by the employment security department is subject
to the penalties in RCW 50.13.080. [1997 c 58 § 1005.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
43.20A.090 Deputy secretary—Department personnel director—Assistant secretaries—Appointment—
Duties—Salaries. The secretary shall appoint a deputy
secretary, a department personnel director and such assistant
secretaries as shall be needed to administer the department.
The deputy secretary shall have charge and general supervision of the department in the absence or disability of the
secretary, and in case of a vacancy in the office of secretary,
shall continue in charge of the department until a successor
is appointed and qualified, or until the governor shall appoint
an acting secretary. The secretary shall appoint an assistant
secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40,
and 13.50 RCW. The officers appointed under this section,
and exempt from the provisions of the state civil service law
by the terms of RCW 41.06.076, shall be paid salaries to be
fixed by the governor in accordance with the procedure
established by law for the fixing of salaries for officers
exempt from the operation of the state civil service law.
[1994 sp.s. c 7 § 515; 1970 ex.s. c 18 § 7.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.20A.100 Certain personnel exempted from state
civil service law—Minimum qualifications for confidential
secretaries. See RCW 41.06.076.
43.20A.105 Social worker V employees—
Implementation plan. The secretary shall develop a plan
for implementation for the social worker V employees. The
implementation plan shall be submitted to the governor and
the legislature by December 1, 1997. The department shall
begin implementation of the plan beginning April 1, 1998.
The department shall perform the duties assigned under
*sections 3 through 5, chapter 386, Laws of 1997 and RCW
[Title 43 RCW—page 97]
43.20A.105
Title 43 RCW: State Government—Executive
41.06.076 within existing personnel resources. [1997 c 386
§ 5.]
*Reviser’s note: 1997 c 386 §§ 3 and 4 were vetoed by the
governor. 1997 c 386 § 5 was codified as RCW 43.20A.105.
43.20A.110 Secretary’s delegation of powers and
duties. The secretary may delegate any power or duty
vested in or transferred to him by law, or executive order, to
his deputy secretary or to any other assistant or subordinate;
but the secretary shall be responsible for the official acts of
the officers and employees of the department. [1970 ex.s. c
18 § 9.]
43.20A.130 Secretary or designee as member of
state board of health. See RCW 43.20.030.
43.20A.158 Health protection for certain children,
expectant mothers and adult retarded, powers and duties
of secretary of health. See RCW 74.15.060.
43.20A.160 Department as state radiation control
agency. See RCW 70.98.050.
43.20A.165 Federal Safe Drinking Water Act—
Department to participate in and administer in conjunction with other departments. See RCW 43.21A.445.
43.20A.167 Federal Older Americans Act of 1965—
Department to participate in and administer. See RCW
74.36.100.
43.20A.168 Community programs and projects for
the aging. See RCW 74.36.110 through 74.36.130.
43.20A.205 Denial, suspension, revocation, or
modification of license. This section governs the denial of
an application for a license or the suspension, revocation, or
modification of a license by the department.
(1) The department shall give written notice of the
denial of an application for a license to the applicant or his
or her agent. The department shall give written notice of
revocation, suspension, or modification of a license to the
licensee or his or her agent. The notice shall state the
reasons for the action. The notice shall be personally served
in the manner of service of a summons in a civil action or
shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and
in subsection (4) of this section, revocation, suspension, or
modification is effective twenty-eight days after the licensee
or the agent receives the notice.
(a) The department may make the date the action is
effective later than twenty-eight days after receipt. If the
department does so, it shall state the effective date in the
written notice given the licensee or agent.
(b) The department may make the date the action is
effective sooner than twenty-eight days after receipt when
necessary to protect the public health, safety, or welfare.
When the department does so, it shall state the effective date
and the reasons supporting the effective date in the written
notice given to the licensee or agent.
[Title 43 RCW—page 98]
(c) When the department has received certification
pursuant to chapter 74.20A RCW from the division of child
support that the licensee is a person who is not in compliance with a support order or an order from court stating that
the licensee is in noncompliance with a residential or
visitation order under *chapter 26.09 RCW, the department
shall provide that the suspension is effective immediately
upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance
with a support order under chapter 74.20A RCW or a
residential or visitation order under *chapter 26.09 RCW, a
license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the
right to an adjudicative proceeding. The proceeding is
governed by the Administrative Procedure Act, chapter 34.05
RCW. The application must be in writing, state the basis for
contesting the adverse action, include a copy of the adverse
notice, be served on and received by the department within
twenty-eight days of the license applicant’s or licensee’s
receiving the adverse notice, and be served in a manner that
shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or
more days notice of revocation, suspension, or modification
and the licensee files an appeal before its effective date, the
department shall not implement the adverse action until the
final order has been entered. The presiding or reviewing
officer may permit the department to implement part or all
of the adverse action while the proceedings are pending if
the appellant causes an unreasonable delay in the proceeding,
if the circumstances change so that implementation is in the
public interest, or for other good cause.
(b) If the department gives a licensee less than twentyeight days notice of revocation, suspension, or modification
and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date
stated in the notice. The presiding or reviewing officer may
order the department to stay implementation of part or all of
the adverse action while the proceedings are pending if
staying implementation is in the public interest or for other
good cause. [1997 c 58 § 841; 1989 c 175 § 95.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1989 c 175: See note following RCW 34.05.010.
43.20A.215 Assessment of civil fine. This section
governs the assessment of a civil fine against a person by the
department.
(1) The department shall written give [written] notice to
the person against whom it assesses a civil fine. The notice
shall state the reasons for the adverse action. The notice
shall be personally served in the manner of service of a
summons in a civil action or shall be given in an other
manner that shows proof of receipt.
(2002 Ed.)
Department of Social and Health Services
(2) Except as otherwise provided in subsection (4) of
this section, the civil fine is due and payable twenty-eight
days after receipt. The department may make the date the
fine is due later than twenty-eight days after receipt. When
the department does so, it shall state the effective date in the
written notice given the person against whom it assesses the
fine.
(3) The person against whom the department assesses a
civil fine has the right to an adjudicative proceeding. The
proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW. The application must be in writing,
state the basis for contesting the fine, include a copy of the
adverse notice, be served on and received by the department
within twenty-eight days of the person’s receiving the notice
of civil fine, and be served in a manner which shows proof
of receipt.
(4) If the person files a timely and sufficient appeal, the
department shall not implement the action until the final
order has been served. The presiding or reviewing officer
may permit the department to implement part or all of the
action while the proceedings are pending if the appellant
causes an unreasonable delay in the proceedings or for other
good cause. [1989 c 175 § 96.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.20A.240 Veterans’ rehabilitation council under
department’s jurisdiction—Secretary’s duties. See
chapter 43.61 RCW.
43.20A.300 Department as state agency for receipt
of federal funds for vocational rehabilitation—Exception.
Except as provided in RCW 74.18.060, the department of
social and health services shall serve as the sole agency of
the state for the receipt of federal funds made available by
acts of congress for vocational rehabilitation within this state.
[1983 c 194 § 28; 1977 ex.s. c 40 § 15; 1970 ex.s. c 18 §
40.]
Severability—Effective dates—1983 c 194: See RCW 74.18.902 and
74.18.903.
Severability—1977 ex.s. c 40: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 40 § 25.]
43.20A.310 Vocational rehabilitation, powers and
duties of secretary or designee. In addition to his other
powers and duties, the secretary or his designee, shall have
the following powers and duties:
(1) To prepare, adopt and certify the state plan for vocational rehabilitation;
(2) With respect to vocational rehabilitation, to adopt
necessary rules and regulations and do such other acts not
forbidden by law necessary to carry out the duties imposed
by state law and the federal acts;
(3) To carry out the aims and purposes of the acts of
congress pertaining to vocational rehabilitation. [1979 c 141
§ 65; 1970 ex.s. c 18 § 42.]
43.20A.320 Consultation with coordinating council
for occupational education. The secretary or his designee
shall consult with the coordinating council for occupational
(2002 Ed.)
43.20A.215
education in order to maintain close contact with developing
programs of vocational education, particularly as such
programs may affect programs undertaken in connection with
vocational rehabilitation. [1970 ex.s. c 18 § 43.]
43.20A.350 Committees and councils—Declaration
of purpose. The legislature declares that meaningful citizen
involvement with and participation in the planning and
programs of the department of social and health services are
essential in order that the public may better understand the
operations of the department, and the department staff may
obtain the views and opinions of concerned and affected
citizens. As a result of the creation of the department of
social and health services and the resulting restructuring of
programs and organization of the department’s components,
and as a further result of the legislative mandate to the
department to organize and deliver services in a manner
responsive to changing needs and conditions, it is necessary
to provide for flexibility in the formation and functioning of
the various committees and councils which presently advise
the department, to restructure the present committees and
councils, and to provide for new advisory committees and
councils, so that all such committees and councils will more
appropriately relate to the changing programs and services of
the department. [1971 ex.s. c 189 § 1.]
43.20A.360
Committees and councils—
Appointment—Memberships—Terms—Vacancies—
Travel expenses. (1) The secretary is hereby authorized to
appoint such advisory committees or councils as may be
required by any federal legislation as a condition to the
receipt of federal funds by the department. The secretary
may appoint statewide committees or councils in the following subject areas: (a) Health facilities; (b) children and
youth services; (c) blind services; (d) medical and health
care; (e) drug abuse and alcoholism; (f) social services; (g)
economic services; (h) vocational services; (i) rehabilitative
services; and on such other subject matters as are or come
within the department’s responsibilities. The statewide
councils shall have representation from both major political
parties and shall have substantial consumer representation.
Such committees or councils shall be constituted as required
by federal law or as the secretary in his or her discretion
may determine. The members of the committees or councils
shall hold office for three years except in the case of a
vacancy, in which event appointment shall be only for the
remainder of the unexpired term for which the vacancy
occurs. No member shall serve more than two consecutive
terms.
(2) Members of such state advisory committees or
councils may be paid their travel expenses in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [2001 c 291 § 101. Prior: 1989 1st ex.s. c
9 § 214; 1989 c 11 § 14; 1984 c 259 § 1; 1981 c 151 § 6;
1977 c 75 § 45; 1975-’76 2nd ex.s. c 34 § 98; 1971 ex.s. c
189 § 2.]
Part headings not law—2001 c 291: "Part headings used in this act
are not any part of the law." [2001 c 291 § 1002.]
Effective date—2001 c 291: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 291 § 1003.]
[Title 43 RCW—page 99]
43.20A.360
Title 43 RCW: State Government—Executive
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—1981 c 151: See note following RCW 43.20A.680.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.20A.365 Drug reimbursement policy recommendations. A committee or council required by federal law,
within the department of social and health services, that
makes policy recommendations regarding reimbursement for
drugs under the requirements of federal law or regulations is
subject to chapters 42.30 and 42.32 RCW. [1997 c 430 § 2.]
43.20A.390 Per diem or mileage—Limitation.
Notwithstanding any other provision of chapter 189, Laws of
1971 ex. sess., no person shall receive as compensation or
reimbursement for per diem or mileage authorized in chapter
189, Laws of 1971 ex. sess. any amount that would exceed
the per diem or mileage provided in RCW 43.03.050 and
43.03.060. [1971 ex.s. c 189 § 16.]
43.20A.400 Purchase of services from public or
nonprofit agencies—Utilization of nonappropriated funds.
Notwithstanding any other provisions of law, the secretary of
the department of social and health services is authorized to
utilize nonappropriated funds made available to the department, in order to compliment the social and health services
programs of the department by purchase of services from
public or nonprofit agencies. The purpose of this authorization is to augment the services presently offered and to
achieve pooling of public and nonprofit resources. [1971
ex.s. c 309 § 1.]
43.20A.405 Purchase of services from public or
nonprofit agencies—Vendor rates—Establishment. After
obtaining the review and advice of the governor’s advisory
committee on vendor rates, the secretary shall establish rates
of payment for services which are to be purchased: PROVIDED, That the secretary shall afford all interested persons
reasonable opportunity to submit data, views, or arguments,
and shall consider fully all submissions respecting the
proposed rates. Prior to the establishment of such rates, the
secretary shall give at least twenty days notice of such
intended action by mail to such persons or agencies as have
made timely request of the secretary for advance notice of
establishment of such vendor rates. Such rates shall not
exceed the amounts reasonable and necessary to assure
quality services and shall not exceed the costs reasonably
assignable to such services pursuant to cost finding and
monitoring procedures to be established by the secretary.
Information to support such rates of payment shall be
maintained in a form accessible to the public. [1971 ex.s. c
309 § 2.]
43.20A.410 Purchase of services from public or
nonprofit agencies—Factors to be considered. In determining whether services should be purchased from other
public or nonprofit agencies, the secretary shall consider:
(1) Whether the particular service or services is available or might be developed.
[Title 43 RCW—page 100]
(2) The probability that program and workload performance standards will be met, by means of the services
purchased.
(3) The availability of reasonably adequate cost finding
and performance evaluation criteria.
Nothing in RCW 43.20A.400 through 43.20A.430 is to
be construed to authorize reduction in state employment in
service component areas presently rendering such services.
[1971 ex.s. c 309 § 3.]
43.20A.415 Purchase of services from public or
nonprofit agencies—Retention of basic responsibilities by
secretary. When, pursuant to RCW 43.20A.400 through
43.20A.430, the secretary elects to purchase a service or
services, he shall retain continuing basic responsibility for:
(1) Determining the eligibility of individuals for
services;
(2) The selection, quality, effectiveness, and execution
of a plan or program of services suited to the need of an
individual or of a group of individuals; and
(3) Measuring the cost effectiveness of purchase of
services. [1971 ex.s. c 309 § 4.]
43.20A.420 Purchase of services from public or
nonprofit agencies—Secretary to provide consultative,
technical and development services to suppliers—Review
of services. The secretary shall work with the suppliers of
purchased services by:
(1) Providing consultation and technical assistance;
(2) Monitoring and periodically reviewing services in
order to assure satisfactory performance including adherence
to state prescribed workload and quality standards; and
(3) Developing new and more effective and efficient
approaches to and methods of delivering services. [1971
ex.s. c 309 § 5.]
43.20A.425 Purchase of services from public or
nonprofit agencies—Qualifications of vendors. The
secretary shall assure that sources from which services are
purchased are: (1) Licensed, or (2) meet applicable accrediting standards, or (3) in the absence of licensing or accrediting standards, meet standards or criteria established by the
secretary to assure quality of service: PROVIDED, That this
section shall not be deemed to dispense with any licensing
or accrediting requirement imposed by any other provision
of law, by any county or municipal ordinance, or by rule or
regulation of any public agency. [1971 ex.s. c 309 § 6.]
43.20A.430 Purchase of services from public or
nonprofit agencies—Retention of sums to pay departmental costs. The secretary shall, if not otherwise prohibited by
law, pursuant to agreement between the department and the
agency in each contract, retain from such nonappropriated
funds sufficient sums to pay for the department’s administrative costs, monitoring and evaluating delivery of services,
and such other costs as may be necessary to administer the
department’s responsibilities under RCW 43.20A.400
through 43.20A.430. [1971 ex.s. c 309 § 7.]
43.20A.445 State-operated workshops at institutions—Authorized—Standards. The department may
(2002 Ed.)
Department of Social and Health Services
establish and operate workshops for the training, habilitation,
and rehabilitation of residents of institutions of the department. Products, goods, wares, articles, or merchandise
manufactured or produced by the workshops may be sold to
governmental agencies or on the open market at fair value.
Prior to establishment of new state-operated workshops at
institutions, the department shall consider the availability,
appropriateness, and relative cost of contracting with and
giving first preference to private nonprofit sheltered workshops, as defined in RCW 82.04.385, to provide workshop
activities for residents of the institution.
The secretary shall credit the moneys derived from the
sale of items from workshops under this section to a revolving fund under the control of the superintendent of the
institution or facility where the items were manufactured.
These moneys shall be expended for the purchase of supplies
and materials for use in the workshop, to provide pay and
training incentives for residents, and for other costs of the
operation of the workshop. Payment of residents for work
performed on workshop projects shall take into account
resident productivity in comparison to the productivity of a
nondisabled person earning the minimum wage as well as
other factors consistent with goals of rehabilitation and
treatment. Institutional work training programs shall be
operated in accordance with standards required by the
department for private vendors for the same or similar
service.
Workshop materials and supplies may be purchased
through state purchasing or from private vendors. Each
institution or facility shall maintain records to demonstrate
that purchases are made at the fair market value or best
available price. [1983 1st ex.s. c 41 § 20.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
43.20A.550 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be construed to meet federal law—
Conflicting parts deemed inoperative. In furtherance of
the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the
department, such rules and regulations as may become
necessary to entitle the state to participate in federal funds
may be adopted, unless the same be expressly prohibited by
law. Any internal reorganization carried out under the terms
of this chapter shall meet federal requirements which are a
necessary condition to state receipt of federal funds. Any
section or provision of law dealing with the department
which may be susceptible to more than one construction
shall be interpreted in favor of the construction most likely
to comply with federal laws entitling this state to receive
federal funds for the various programs of the department. If
any law dealing with the department is ruled to be in conflict
with federal requirements which are a prescribed condition
of the allocation of federal funds to the state, or to any
departments or agencies thereof, such conflicting part of
chapter 18, Laws of 1970 ex. sess. is declared to be inoperative solely to the extent of the conflict. [1979 c 141 § 66;
1970 ex.s. c 18 § 66.]
(2002 Ed.)
43.20A.445
43.20A.605 Authority to administer oaths and issue
subpoenas—Provisions governing subpoenas. (1) The
secretary shall have full authority to administer oaths and
take testimony thereunder, to issue subpoenas requiring the
attendance of witnesses before him together with all books,
memoranda, papers, and other documents, articles or
instruments, and to compel the disclosure by such witnesses
of all facts known to them relative to the matters under
investigation.
(2) Subpoenas issued in adjudicative proceedings are
governed by RCW 34.05.588(1).
(3) Subpoenas issued in the conduct of investigations
required or authorized by other statutory provisions or
necessary in the enforcement of other statutory provisions
shall be governed by RCW 34.05.588(2). [1989 c 175 § 97;
1983 1st ex.s. c 41 § 21; 1979 c 141 § 47; 1967 ex.s. c 102
§ 2. Formerly RCW 43.20.015.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20A.607 Authority to appoint a single executive
officer for multiple institutions—Exception. The secretary
may appoint one individual to serve as chief executive
officer, administrator, or superintendent for more than one
facility or institution of the department where one or both
facilities or institutions are required by law to have a chief
executive officer, administrator, or superintendent. This
section, however, shall not apply to RCW 72.40.020. [1983
1st ex.s. c 41 § 25.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
Chief executive officers—Appointment: RCW 72.01.060.
43.20A.610 Employment of deputies, experts,
physicians, etc. The secretary may appoint and employ
such deputies, scientific experts, physicians, nurses, sanitary
engineers, and other personnel including consultants, and
such clerical and other assistants as may be necessary to
carry on the work of the department of social and health
services. [1979 c 141 § 48; 1967 ex.s. c 102 § 8; 1965 c 8
§ 43.20.040. Prior: 1961 ex.s. c 5 § 1; 1921 c 7 § 57; RRS
§ 10815. Formerly RCW 43.20.040.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20A.635 Services to crippled children. It shall be
the duty of the secretary of social and health services and he
shall have the power to establish and administer a program
of services for children who are crippled or who are suffering from physical conditions which lead to crippling, which
shall provide for developing, extending, and improving
services for locating such children, and for providing for
medical, surgical, corrective, and other services and care, and
facilities for diagnosis, hospitalization, and after care; to
supervise the administration of those services, included in the
program, which are not administered directly by it; to extend
and improve any such services, including those in existence
on April 1, 1941; to cooperate with medical, health, nursing,
and welfare groups and organizations, and with any agency
of the state charged with the administration of laws provid[Title 43 RCW—page 101]
43.20A.635
Title 43 RCW: State Government—Executive
ing for vocational rehabilitation of physically handicapped
children; to cooperate with the federal government, through
its appropriate agency or instrumentality in developing,
extending, and improving such services; and to receive and
expend all funds made available to the department by the
federal government, the state or its political subdivisions or
from other sources, for such purposes. [1979 c 141 § 52;
1965 c 8 § 43.20.130. Prior: 1941 c 129 § 1; Rem. Supp.
1941 § 9992-107a; prior: 1937 c 114 § 7. Formerly RCW
74.12.210; 43.20.130.]
Children’s center for research and training in mental retardation, assistant
secretaries as members of advisory committee: RCW 28B.20.412.
Handicapped children, copy of commitment order transmitted to department: RCW 26.40.060.
43.20A.637 Services to crippled children—Rules
and regulations. See RCW 43.20.140.
43.20A.660 Reports of violations by secretary—
Duty of attorney general, prosecuting attorney or city
attorney to institute proceedings—Notice to alleged
violator. (1) It shall be the duty of each assistant attorney
general, prosecuting attorney, or city attorney to whom the
secretary reports any violation of chapter 43.20A RCW, or
regulations promulgated thereunder, to cause appropriate
proceedings to be instituted in the proper courts, without
delay, and to be duly prosecuted as prescribed by law.
(2) Before any violation of chapter 43.20A RCW is
reported by the secretary to the prosecuting attorney for the
institution of a criminal proceeding, the person against whom
such proceeding is contemplated shall be given appropriate
notice and an opportunity to present his views to the
secretary, either orally or in writing, with regard to such
contemplated proceeding. [1989 1st ex.s. c 9 § 215; 1979 c
141 § 57; 1967 ex.s. c 102 § 7. Formerly RCW 43.20.190.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20A.680 State council on aging established. The
state council on aging is hereby established as an advisory
council to the governor, the secretary of social and health
services, and the office of aging or any other office solely
designated as the state unit on aging. The state council on
aging may be designated by the governor to serve as the
state advisory council to the state unit on aging with respect
to federally funded programs as required by federal regulation. The director of the state unit on aging shall provide
appropriate staff support. [1981 c 151 § 1.]
Effective date—1981 c 151: "This act shall take effect September 1,
1981." [1981 c 151 § 8.]
43.20A.685 State council on aging—Membership—
Terms—Vacancies—Chairperson—Secretary—
Compensation of legislative members. (1) The initial
members of the council shall be appointed by the governor
to staggered terms such that approximately one-third of the
members serve terms of one year, one-third serve terms of
two years, and one-third serve terms of three years. Thereafter, members of the council shall be appointed by the
governor to terms of three years, except in the case of a
[Title 43 RCW—page 102]
vacancy, in which event appointment shall be for the
remainder of the unexpired term for which the vacancy
occurs. No member of the council may serve more than two
consecutive three-year terms. One member shall be appointed from each state-designated planning and service area from
a list of names transmitted by each area agency on aging
advisory council, such list including the names of all persons
nominated within the planning and service area together with
the area agency on aging advisory council’s recommendations. The governor shall appoint one additional member
from names submitted by the association of Washington
cities and one additional member from names submitted by
the Washington state association of counties. In addition,
the governor may appoint not more than five at large
members, in order to ensure that rural areas (those areas
outside of a standard metropolitan statistical area), minority
populations, and those individuals with special skills which
could assist the state council are represented. The members
of the state council on aging shall elect, at the council’s
initial meeting and at the council’s first meeting each year,
one member to serve as chairperson of the council and
another member to serve as secretary of the council.
(2) The speaker of the house of representatives and the
president of the senate shall each appoint two nonvoting
members to the council; one from each of the two largest
caucuses in each house. The terms of the members so appointed shall be for approximately two years and the terms
shall expire before the first day of the legislative session in
odd-numbered years. They shall be compensated by their
respective houses as provided under RCW 44.04.120, as now
or hereafter amended.
(3) With the exception of the members from the
Washington state association of cities, the Washington state
association of counties, and the nonvoting legislative members, all members of the council shall be at least fifty-five
years old. [1981 c 151 § 2.]
Effective date—1981 c 151: See note following RCW 43.20A.680.
43.20A.690 State council on aging—Meetings—
Compensation of nonlegislative members. The state
council on aging shall meet monthly unless determined
otherwise by a majority vote of the members, which vote
shall be taken at a regular meeting of the council.
Nonlegislative members shall serve without compensation
but shall be reimbursed for travel expenses and per diem in
the performance of their duties as provided in RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended. [1981 c 151 § 3.]
Effective date—1981 c 151: See note following RCW 43.20A.680.
43.20A.695 State council on aging—Powers and
duties—Bylaws. (1) The state council on aging has the
following powers and duties:
(a) To serve in an advisory capacity to the governor, the
secretary of social and health services, and the state unit on
aging on all matters pertaining to policies, programs, and
services affecting older persons;
(b) To create public awareness of the special needs and
potentialities of older persons; and
(c) To provide for self-advocacy by older citizens of the
state through sponsorship of training, legislative and other
(2002 Ed.)
Department of Social and Health Services
conferences, workshops, and such other methods as may be
deemed appropriate.
(2) The council shall establish bylaws to aid in the
performance of its powers and duties. [1981 c 151 § 4.]
Effective date—1981 c 151: See note following RCW 43.20A.680.
43.20A.710 Investigation of conviction records or
pending charges of state employees and individual
providers. (1) The secretary shall investigate the conviction
records, pending charges and disciplinary board final decisions of:
(a) Any current employee or applicant seeking or being
considered for any position with the department who will or
may have unsupervised access to children, vulnerable adults,
or individuals with mental illness or developmental disabilities. This includes, but is not limited to, positions conducting comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions
otherwise required by federal law to meet employment
standards;
(b) Individual providers who are paid by the state and
providers who are paid by home care agencies to provide inhome services involving unsupervised access to persons with
physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34
RCW, including but not limited to services provided under
chapter 74.39 or 74.39A RCW; and
(c) Individuals or businesses or organizations for the
care, supervision, case management, or treatment of children,
developmentally disabled persons, or vulnerable adults,
including but not limited to services contracted for under
chapter 18.20, *18.48, 70.127, 70.128, 72.36, or 74.39A
RCW or Title 71A RCW.
(2) The investigation may include an examination of
state and national criminal identification data. The secretary
shall use the information solely for the purpose of determining the character, suitability, and competence of these
applicants.
(3) An individual provider or home care agency provider who has resided in the state less than three years before
applying for employment involving unsupervised access to
a vulnerable adult as defined in chapter 74.34 RCW must be
fingerprinted for the purpose of investigating conviction
records both through the Washington state patrol and the
federal bureau of investigation. This subsection applies only
with respect to the provision of in-home services funded by
medicaid personal care under RCW 74.09.520, community
options program entry system waiver services under RCW
74.39A.030, or chore services under RCW 74.39A.110.
However, this subsection does not supersede RCW
74.15.030(2)(b).
(4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised
access to a vulnerable adult as defined in chapter 74.34
RCW must have no conviction for a disqualifying crime
under RCW 43.43.830 and 43.43.842. An individual or
home care agency provider must also have no conviction for
a crime relating to drugs as defined in RCW 43.43.830.
This subsection applies only with respect to the provision of
in-home services funded by medicaid personal care under
(2002 Ed.)
43.20A.695
RCW 74.09.520, community options program entry system
waiver services under RCW 74.39A.030, or chore services
under RCW 74.39A.110.
(5) The secretary shall provide the results of the
background check on individual providers to the persons
hiring them or to their legal guardians, if any, for their
determination of the character, suitability, and competence of
the applicants. If the person elects to hire or retain an
individual provider after receiving notice from the department that the applicant has a conviction for an offense that
would disqualify the applicant from having unsupervised
access to persons with physical, mental, or developmental
disabilities or mental illness, or to vulnerable adults as
defined in chapter 74.34 RCW, then the secretary shall deny
payment for any subsequent services rendered by the
disqualified individual provider.
(6) Criminal justice agencies shall provide the secretary
such information as they may have and that the secretary
may require for such purpose. [2001 c 296 § 5; 2000 c 87
§ 2; 1999 c 336 § 7; 1997 c 392 § 525; 1993 c 210 § 1;
1989 c 334 § 13; 1986 c 269 § 1.]
*Reviser’s note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
Intent—2001 c 296: See note following RCW 9.96A.060.
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Prospective application—1993 c 210: "This act applies prospectively
except individuals who currently employ individual providers paid by the
state may be given the option to request a state background check during
reassessment for services." [1993 c 210 § 2.]
Children or vulnerable adults: RCW 43.43.830 through 43.43.842.
State employment in the supervision, care, or treatment of children or
developmentally disabled persons—Rules on background investigation:
RCW 41.06.475.
State hospitals: RCW 72.23.035.
43.20A.720 Telecommunications devices and
services for the hearing and speech impaired—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout this section
and RCW 43.20A.725.
(1) "Hearing impaired" means those persons who are
certified to be deaf, deaf-blind, or hard of hearing, and those
persons who are certified to have a hearing disability
limiting their access to telecommunications.
(2) "Speech impaired" means persons who are certified
to be unable to speak or who are certified to have a speech
impairment limiting their access to telecommunications.
(3) "Department" means the department of social and
health services.
(4) "Office" means the office of deaf and hard of
hearing within the state department of social and health
services. [2001 c 210 § 1; 1992 c 144 § 2; 1990 c 89 § 2;
1987 c 304 § 2.]
Legislative findings—1992 c 144: "The legislature finds that the
state of Washington has shown national leadership in providing telecommunications access for the hearing impaired and speech impaired communities.
The legislature further finds that the federal Americans with Disabilities Act
requires states to further enhance telecommunications access for disabled
persons and that the state should be positioned to allow this service to be
delivered with fairness, flexibility, and efficiency." [1992 c 144 § 1.]
[Title 43 RCW—page 103]
43.20A.720
Title 43 RCW: State Government—Executive
Severability—1992 c 144: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 144 § 6.]
Legislative finding—1990 c 89: "The legislature finds that provision
of telecommunications devices and relay capability for hearing impaired
persons is an effective and needed service which should be continued. The
legislature further finds that the same devices and relay capability can serve
and should be extended to serve speech impaired persons." [1990 c 89 §
1.]
Legislative findings—1987 c 304: "The legislature finds that it is
more difficult for hearing impaired people to have access to the telecommunications system than hearing persons. It is imperative that hearing
impaired people be able to reach government offices and health, human, and
emergency services with the same ease as other taxpayers. Regulations to
provide telecommunications devices for the deaf with a relay system will
help ensure that the hearing impaired community has equal access to the
public accommodations and telecommunications system in the state of
Washington in accordance with chapter 49.60 RCW." [1987 c 304 § 1.]
Relation to other telecommunications device systems—1987 c 304:
"Nothing in RCW 43.20A.725 and 43.20A.730 is inconsistent with any
telecommunications device systems created by county legislative authorities
under RCW 70.54.180. To the extent possible, the office, utilities and
transportation commission, the TDD advisory committee, and any other
persons or organizations implementing the provisions of RCW 43.20A.725
and 43.20A.730 will use the telecommunications devices already in place
and work with county governments in ensuring that no duplication of
services occurs." [1987 c 304 § 5.]
Short title—1987 c 304: "This act shall be known as the "Clyde
Randolph Ketchum Act"." [1987 c 304 § 6.]
43.20A.725 Telecommunications devices for the
hearing and speech impaired—Program for provision of
services and equipment—Telecommunications relay
service excise tax—Rules. (1) The department, through the
sole authority of the office or its successor organization,
shall maintain a program whereby an individual of school
age or older who possesses a hearing or speech impairment
is provided with telecommunications equipment, software,
and/or peripheral devices, digital or otherwise, that is determined by the office to be necessary for such a person to
access and use telecommunications transmission services
effectively.
(2) The department, through the sole authority of the
office or its successor organization, shall maintain a program
where telecommunications relay services of a human or
electronic nature will be provided to connect hearing
impaired, deaf-blind, or speech impaired persons with
persons who do not have a hearing or speech impairment.
Such telecommunications relay services shall provide the
ability for an individual who has a hearing or speech
impairment to engage in voice, tactile, or visual communication by wire or radio with a hearing individual in a manner
that is functionally equivalent to the ability of an individual
who does not have a hearing or speech impairment to
communicate using voice or visual communication services
by wire or radio subject to subsection (4)(b) of this section.
(3) The telecommunications relay service and equipment
distribution program may operate in such a manner as to
provide communications transmission opportunities that are
capable of incorporating new technologies that have demonstrated benefits consistent with the intent of this chapter and
are in the best interests of the citizens of this state.
(4) The office shall administer and control the award of
money to all parties incurring costs in implementing and
maintaining telecommunications services, programs, equip[Title 43 RCW—page 104]
ment, and technical support services according to this
section. The relay service contract shall be awarded to an
individual company registered as a telecommunications
company by the utilities and transportation commission, to
a group of registered telecommunications companies, or to
any other company or organization determined by the office
as qualified to provide relay services, contingent upon that
company or organization being approved as a registered
telecommunications company prior to final contract approval.
The relay system providers and telecommunications equipment vendors shall be selected on the basis of cost-effectiveness and utility to the greatest extent possible under
the program and technical specifications established by the
office.
(a) To the extent funds are available under the thencurrent rate and not otherwise held in reserve or required for
other purposes authorized by this chapter, the office may
award contracts for communications and related services and
equipment for hearing impaired or speech impaired individuals accessing or receiving services provided by, or contracted
for, the department to meet access obligations under Title 2
of the federal Americans with disabilities act or related
federal regulations.
(b) The office shall perform its duties under this section
with the goal of achieving functional equivalency of access
to and use of telecommunications services similar to the
enjoyment of access to and use of such services experienced
by an individual who does not have a hearing or speech
impairment only to the extent that funds are available under
the then-current rate and not otherwise held in reserve or
required for other purposes authorized by this chapter.
(5) The program shall be funded by a telecommunications relay service (TRS) excise tax applied to each switched
access line provided by the local exchange companies. The
office shall determine, in consultation with the office’s
program advisory committee, the budget needed to fund the
program on an annual basis, including both operational costs
and a reasonable amount for capital improvements such as
equipment upgrade and replacement. The budget proposed
by the office, together with documentation and supporting
materials, shall be submitted to the office of financial
management for review and approval. The approved budget
shall be given by the department in an annual budget to the
utilities and transportation commission no later than March
1 prior to the beginning of the fiscal year. The utilities and
transportation commission shall then determine the amount
of telecommunications relay service excise tax to be placed
on each access line and shall inform each local exchange
company of this amount no later than May 15. The utilities
and transportation commission shall determine the amount of
telecommunications relay service excise tax by dividing the
total of the program budget, as submitted by the office, by
the total number of access lines, and shall not exercise any
further oversight of the program under this subsection. The
telecommunications relay service excise tax shall not exceed
nineteen cents per month per access line. Each local
exchange company shall impose the amount of excise tax
determined by the commission as of July 1, and shall remit
the amount collected directly to the department on a monthly
basis. The telecommunications relay service excise tax shall
be separately identified on each ratepayer’s bill with the
following statement: "Funds federal ADA requirement." All
(2002 Ed.)
Department of Social and Health Services
proceeds from the telecommunications relay service excise
tax shall be put into a fund to be administered by the office
through the department.
(6) The telecommunications relay service program and
equipment vendors shall provide services and equipment
consistent with the requirements of federal law for the
operation of both interstate and intrastate telecommunications
services for the hearing impaired or speech impaired. The
department and the utilities and transportation commission
shall be responsible for ensuring compliance with federal
requirements and shall provide timely notice to the legislature of any legislation that may be required to accomplish
compliance.
(7) The department shall adopt rules establishing
eligibility criteria, ownership obligations, financial contributions, and a program for distribution to individuals requesting
and receiving such telecommunications devices distributed
by the office, and other rules necessary to administer
programs and services consistent with this chapter. [2001 c
210 § 2; 1998 c 245 § 59; 1993 c 425 § 1; 1992 c 144 § 3;
1990 c 89 § 3; 1987 c 304 § 3.]
Effective date—1993 c 425: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 15, 1993]." [1993 c 425 § 2.]
Legislative findings—Severability—1992 c 144: See notes following
RCW 43.20A.720.
Legislative finding—1990 c 89: See note following RCW
43.20A.720.
43.20A.770 Administration of statutes applicable to
runaway youth, at-risk youth, and families in conflict—
Consistency required. The department shall ensure that the
administration of chapter 13.32A RCW and applicable
portions of chapter 74.13 RCW relating to runaway youth,
at-risk youth, and families in conflict is consistent in all
areas of the state and in accordance with statutory requirements. [1991 c 364 § 6.]
Conflict with federal requirements—1991 c 364: See note
following RCW 70.96A.020.
43.20A.780 Administration of family services and
programs. The secretary shall administer family services
and programs to promote the state’s policy as provided in
RCW 74.14A.025. [1992 c 198 § 9.]
Severability—Effective date—1992 c 198: See RCW 70.190.910
and 70.190.920.
43.20A.790 Homeless families with children—
Shelter and housing services. (1) The department shall
collaborate with the department of community, trade, and
economic development in the development of the coordinated and comprehensive plan for homeless families with
children required under RCW 43.63A.650, which designates
the department of community, trade, and economic development as the state agency with primary responsibility for
providing shelter and housing services to homeless families
with children. In fulfilling its responsibilities to collaborate
with the department of community, trade, and economic
development pursuant to RCW 43.63A.650, the department
shall develop, administer, supervise, and monitor its portion
(2002 Ed.)
43.20A.725
of the plan. The department’s portion of the plan shall
contain at least the following elements:
(a) Coordination or linkage of services with shelter and
housing;
(b) Accommodation and addressing the needs of
homeless families in the design and administration of
department programs;
(c) Participation of the department’s local offices in the
identification, assistance, and referral of homeless families;
and
(d) Ongoing monitoring of the efficiency and effectiveness of the plan’s design and implementation.
(2) The department shall include community organizations involved in the delivery of services to homeless
families with children, and experts in the development and
ongoing evaluation of the plan.
(3) The duties under this section shall be implemented
within amounts appropriated for that specific purpose by the
legislature in the operating and capital budgets. [1999 c 267
§ 2.]
Findings—Intent—1999 c 267: "The legislature finds that
homelessness for families with children is a serious, widespread problem
that has a devastating effect on children, including significant adverse
effects upon their growth and development. Planning for and serving the
shelter and housing needs of homeless families with children has been and
continues to be a responsibility of the department of community, trade, and
economic development. The legislature further finds that the department of
social and health services also plays an important role in addressing the
service needs of homeless families with children. In order to adequately
and effectively address the complex issues confronting homeless families
with children, planning for, implementing, and evaluating such services
must be a collaborative effort between the department of community, trade,
and economic development and the department of social and health services,
other local, state, and federal agencies, and community organizations. It is
the intent of the legislature that the department of community, trade, and
economic development and the department of social and health services
jointly present the plan to the appropriate committees of the legislature as
required in section 3 of this act. It is the intent of the legislature that
children should not be placed or retained in the foster care system if family
homelessness is the primary reason for placement or the continuation of
their placement. It is the further intent of the legislature that services to
homeless families with children shall be provided within funds appropriated
for that specific purpose by the legislature in the operating and capital
budgets. Nothing in this act is intended to prevent the court’s review of the
plan developed by the department of social and health services and the
department of community, trade, and economic development under
Washington State Coalition for the Homeless v. Department of Social and
Health Services, King County Superior Court No. 91-2-15889-4. However,
it is the intent of the legislature that the court’s review in that proceeding
be confined solely to review of the plan submitted under the order of
February 4, 1998. Nothing in sections 1 through 10 of this act is intended
to grant the court in this proceeding continuing review over the department
of social and health services after July 25, 1999." [1999 c 267 § 1.]
Severability—1999 c 267: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 267 § 25.]
43.20A.800 Vision services for the homeless—
Coordination. The secretary of the department of social
and health services shall coordinate the efforts of nonprofit
agencies working with the homeless, the Washington
academy of eye physicians and surgeons, the Washington
optometric association, and the opticians association of
Washington to deliver vision services to the homeless free of
charge. The secretary shall enter into agreements identifying
cooperating agencies and the circumstances under which
specified services will be delivered. [1993 c 96 § 2.]
[Title 43 RCW—page 105]
43.20A.800
Title 43 RCW: State Government—Executive
Findings—1993 c 96: "The legislature finds that many homeless
people in the state of Washington have impaired eyesight that reduces their
chances of obtaining employment or training for employment. The
legislature finds that it is in the public interest to facilitate ophthalmologists,
optometrists, and opticians in providing free vision services to homeless
people of the state." [1993 c 96 § 1.]
43.20A.810 Vision services for the homeless—
Funding. To the extent consistent with the department’s
budget, the secretary shall pay for the eyeglasses hardware
prescribed and dispensed pursuant to the program set up in
RCW 43.20A.800 through 43.20A.840. The secretary shall
also attempt to obtain private sector funding for this program. [1993 c 96 § 3.]
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.820 Vision services for the homeless—Use of
used eyeglass frames by providers. Ophthalmologists,
optometrists, and dispensing opticians may utilize used
eyeglass frames obtained through donations to this program.
[1993 c 96 § 4.]
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.830 Vision services for the homeless—
Provider liability. An ophthalmologist, optometrist, or
dispensing optician who provides:
(1) Free vision services; or
(2) Eyeglasses, or any part thereof, including used
frames, at or below retail cost to homeless people in the
state of Washington
and who is not reimbursed for such services or eyeglasses as
allowed for in RCW 43.20A.840, is not liable for civil
damages for injury to a homeless person resulting from any
act or omission in providing such services or eyeglasses,
other than an act or omission constituting gross negligence
or intentional conduct. [1993 c 96 § 5.]
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.840 Vision services for the homeless—Third
party payers. Nothing in RCW 43.20A.800 through
43.20A.840 shall prevent ophthalmologists, optometrists, or
dispensing opticians from collecting for either their goods or
services, or both from third-party payers covering the goods
or services for homeless persons. [1993 c 96 § 6.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.20A.860 Requirement to seek federal waivers
and state law changes to medical assistance program.
The department of social and health services, in consultation
with the health care authority, the office of financial management, and other appropriate state agencies, shall seek
necessary federal waivers and state law changes to the
medical assistance program of the department to achieve
greater coordination in financing, purchasing, and delivering
health services to low-income residents of Washington state
in a cost-effective manner, and to expand access to care for
these low-income residents. Such waivers shall include any
waiver needed to require that point-of-service cost-sharing,
based on recipient household income, be applied to medical
assistance recipients. In negotiating the waiver, consideration shall be given to the degree to which benefits in
addition to the minimum list of services should be offered to
medical assistance recipients. [1995 c 265 § 26.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
43.20A.870 Children’s services—Annual quality
assurance report. The department shall prepare an annual
quality assurance report that shall include but is not limited
to: (1) Performance outcomes regarding health and safety of
children in the children’s services system; (2) children’s
length of stay in out-of-home placement from each date of
referral; (3) adherence to permanency planning timelines;
and (4) the response time on child protective services
investigations differentiated by risk level determined at
intake. [1999 c 372 § 7; 1997 c 386 § 47.]
43.20A.880 Training competencies and learning
outcomes. The department shall publish its final basic and
specialty training competencies and learning outcomes as
required by chapter 121, Laws of 2000 no later than June 1,
2002. [2002 c 233 § 2.]
Effective date—2002 c 233: See note following RCW 18.20.270.
43.20A.930 Effective date—Severability—1970 ex.s.
c 18. See notes following RCW 43.20A.010.
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.845 Vision services for the homeless—
Program name. The program created in RCW 43.20A.800
through 43.20A.840 shall be known as the eye care for the
homeless program in Washington. [1993 c 96 § 7.]
Chapter 43.20B
REVENUE RECOVERY FOR DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
Sections
Findings—1993 c 96: See note following RCW 43.20A.800.
GENERAL PROVISIONS
43.20A.850 Group homes—Availability of evaluations and data. The secretary of social and health services
shall make all of the department’s evaluation and research
materials and data on private nonprofit group homes
available to group home contractors. The department may
delete any information from the materials that identifies a
specific client or contractor, other than the contractor
requesting the materials. [1994 sp.s. c 7 § 322.]
43.20B.010 Definitions.
43.20B.020 Fees for services—Department of health and department of
social and health services.
43.20B.030 Overpayments and debts due the department—Time limit—Write-offs and compromises—Report to legislative
committees.
43.20B.040 Chapter does not apply where another party liable—
Statement of lien—Form.
43.20B.050 Liens—Compromise—Settlement or judgment.
43.20B.060 Reimbursement for medical care or residential care—Lien—
Subrogation—Delegation of lien and subrogation rights.
[Title 43 RCW—page 106]
(2002 Ed.)
Revenue Recovery for Department of Social and Health Services
43.20B.070 Torts committed against recipients of state assistance—
Duties of attorney representing recipient—Trust account
for departmental lien.
43.20B.080 Recovery for paid medical assistance—Rules—Disclosure of
estate recovery costs, terms, and conditions.
43.20B.090 Recovery for paid medical assistance and state-funded longterm care—Legislative intent—Legislative confirmation
of effect of 1994 c 21.
NONRESIDENTIAL FEES AND COSTS OF SERVICES
43.20B.110 License fees to be charged by secretary—Waiver—Review
and comment.
43.20B.120 Funeral assistance—Lien against assets.
RESIDENTIAL SERVICES
43.20B.310 Residential care payments by families, when not collected.
43.20B.320 Mental illness—Treatment costs—Criminally insane—
Liability.
43.20B.325 Mental illness—Hospitalization charges—How computed.
43.20B.330 Mental illness—Treatment costs—Liability.
43.20B.335 Mental illness—Treatment costs—Determination of ability
to pay—Standards—Rules and regulations.
43.20B.340 Mental illness—Treatment costs—Notice and finding of
responsibility—Period—Adjudicative proceedings.
43.20B.345 Mental illness—Treatment costs—Judgment for accrued
amounts.
43.20B.347 Mental illness—Treatment costs—Lien against real and
personal property.
43.20B.350 Mental illness—Treatment costs—Modification or vacation
of findings of responsibility.
43.20B.355 Mental illness—Hospitalization charges—Due date—
Collection.
43.20B.360 Mental illness—Hospitalization charges—Collection—
Statutes of limitation.
43.20B.370 Mental illness—Hospitalization charges—Collection—
Prosecuting attorneys to assist.
43.20B.410 Residential habilitation centers—Liability for costs of services—Declaration of purpose.
43.20B.415 State residential schools—Liability for costs of services—
Limitation.
43.20B.420 Residential habilitation centers—Determination of costs of
services—Establishment of rates—Collection.
43.20B.425 Residential habilitation centers—Costs of services—
Investigation and determination of ability to pay—
Exemptions.
43.20B.430 Residential habilitation centers—Costs of services—Notice
and finding of responsibility—Service—Adjudicative
proceeding.
43.20B.435 State residential habilitation centers—Costs of services—
Modification or vacation of finding of responsibility.
43.20B.440 Residential habilitation centers—Costs of services—Charges
payable in advance.
43.20B.445 Residential habilitation centers—Costs of services—
Reimbursement from property subsequently acquired—
Placement outside school—Liability after death of resident.
43.20B.450 State residential habilitation centers—Costs of services—
Liabilities created apply to care, support, and treatment
after July 1, 1967.
43.20B.455 Residential habilitation centers—Costs of services—
Discretionary allowance in resident’s fund.
43.20B.460 Guardianship fees and additional costs for incapacitated
clients paying part of costs—Maximum amount—Rules.
RECOVERY OF OVERPAYMENTS
43.20B.620 Overpayments of assistance—Lien against recipient’s property—Recovery methods.
43.20B.630 Overpayments of assistance—-Procedures—Adjudicative
proceeding.
43.20B.635 Overpayments of assistance—Orders to withhold property of
debtor—Procedures.
43.20B.640 Overpayments of assistance—Failure to withhold property of
debtor.
43.20B.645 Overpayments of assistance—Assignment of earnings.
(2002 Ed.)
Chapter 43.20B
43.20B.660 Improper realty transfer—Suit to rescind—Recovery from
recipient’s estate.
43.20B.670 Excess property assistance program—Lien—Department as
creditor.
43.20B.675 Vendor overpayments—Goods or services provided on or
after July 1, 1998—Notice—Adjudicative proceeding—
Enforcement—Collection—Rules.
43.20B.680 Vendor overpayments—Lien or other security—Setoff or
recoupment—Exception.
43.20B.685 Vendor overpayments—Liens—Duration—Enforcement.
43.20B.688 Limitation on actions to enforce vendor overpayment debts.
43.20B.690 Vendor overpayments—Remedies nonexclusive.
43.20B.695 Vendor overpayments—Interest—Exceptions.
43.20B.710 Medical assistance—Improper transfer or assignment of
resources—Penalty—Presumption, rebuttal—Attorney’s
fees.
43.20B.720 Recipient receiving industrial insurance compensation—
Subrogation rights of department—Lien—Withhold and
deliver notice.
43.20B.730 Recipient receiving industrial insurance compensation—
Effective date of lien and notice—Service.
43.20B.735 Recipient receiving industrial insurance compensation—Duty
to withhold and deliver—Amount.
43.20B.740 Recipient receiving industrial insurance compensation—
Adjudicative proceeding—Collection pending final
order.
43.20B.745 Recipient receiving industrial insurance compensation—
Application.
CONSTRUCTION
43.20B.900 Savings—1987 c 75.
43.20B.901 Severability—1987 c 75.
GENERAL PROVISIONS
43.20B.010 Definitions. The definitions in this
section apply throughout this chapter:
(1) "Department" means the department of social and
health services.
(2) "Secretary" means the secretary of the department of
social and health services.
(3) "License" means that exercise of regulatory authority
by the secretary to grant permission, authority, or liberty to
do or to forbear certain activities. The term includes
licenses, permits, certifications, registrations, and other
similar terms.
(4) "Vendor" means an entity that provides goods or
services to or for clientele of the department and that
controls operational decisions.
(5) "Overpayment" means any payment or benefit to a
recipient or to a vendor in excess of that to which is entitled
by law, rule, or contract, including amounts in dispute.
[1987 c 75 § 42.]
43.20B.020 Fees for services—Department of health
and department of social and health services. The
department of social and health services and the department
of health are authorized to charge fees for services provided
unless otherwise prohibited by law. The fees may be
sufficient to cover the full cost of the service provided if
practical or may be charged on an ability-to-pay basis if
practical. This section does not supersede other statutory
authority enabling the assessment of fees by the departments.
Whenever the department of social and health services is
authorized by law to collect total or partial reimbursement
for the cost of its providing care of or exercising custody
over any person, the department shall collect the reimburse[Title 43 RCW—page 107]
43.20B.020
Title 43 RCW: State Government—Executive
ment to the extent practical. [1991 c 3 § 295; 1981 1st ex.s.
c 6 § 25. Formerly RCW 43.20A.670.]
Effective date—Severability—1981 1st ex.s. c 6: See notes
following RCW 74.04.005.
43.20B.030 Overpayments and debts due the
department—Time limit—Write-offs and compromises—
Report to legislative committees. (1) Except as otherwise
provided by law, there will be no collection of overpayments
and other debts due the department after the expiration of six
years from the date of notice of such overpayment or other
debt unless the department has commenced recovery action
in a court of law or unless an administrative remedy authorized by statute is in place. However, any amount due in a
case thus extended shall cease to be a debt due the department at the expiration of ten years from the date of the
notice of the overpayment or other debt unless a courtordered remedy would be in effect for a longer period.
(2)(a) The department, at any time, may accept offers of
compromise of disputed claims or may grant partial or total
write-off of any debt due the department if it is no longer
cost-effective to pursue. The department shall adopt rules
establishing the considerations to be made in the granting or
denial of a partial or total write-off of debts.
(b) Beginning December 1, 1997, the department shall
report by December 1 each year to the commerce and labor
committees of the senate and house of representatives, the
senate ways and means committee, and the house appropriations committee, or successor committees, the following
information:
(i) The cumulative amount of debt due the department;
(ii) The cumulative amount of debt that has been written
off by the department as no longer cost-effective to pursue;
(iii) The amount of debt due the department that has
accrued in each of the previous five fiscal years; and
(iv) The amount of debt that has been written off in
each of the previous five fiscal years as no longer costeffective to pursue. [1997 c 130 § 5; 1989 c 78 § 4; 1987
c 283 § 6; 1979 c 141 § 308; 1965 ex.s. c 91 § 2. Formerly
RCW 74.04.306.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.040 Chapter does not apply where another
party liable—Statement of lien—Form. The form of the
lien in RCW 43.20B.060 shall be substantially as follows:
STATEMENT OF LIEN
Notice is hereby given that the State of Washington,
Department of Social and Health Services, has rendered
assistance or provided residential care to . . . . . ., a person
who was injured on or about the . . . . day of . . . . . . in the
county of . . . . . . state of . . . . . ., and the said department
hereby asserts a lien, to the extent provided in RCW
43.20B.060, for the amount of such assistance or residential
care, upon any sum due and owing . . . . . . (name of injured
person) from . . . . . ., alleged to have caused the injury,
and/or his or her insurer and from any other person or
insurer liable for the injury or obligated to compensate the
injured person on account of such injuries by contract or
otherwise.
[Title 43 RCW—page 108]
STATE OF WASHINGTON, DEPARTMENT
OF SOCIAL AND HEALTH SERVICES
By: . . . . . . . . . . . . . . . . . . . . . . . (Title)
STATE OF WASHINGTON
COUNTY OF
⎫
⎬ ss.
âŽ
I, . . . . . ., being first duly sworn, on oath state: That
I am . . . . . . (title); that I have read the foregoing Statement
of Lien, know the contents thereof, and believe the same to
be true.
......................
Signed and sworn to or affirmed before me this . . . .
day of . . . . . ., 19. . .
by . . . . . . . . . . . . . . . . . . . . . . . . . .
(name of person making statement).
(Seal or stamp)
............................
Notary Public in and for the State
of Washington
My appointment expires: . . . . . . . . . .
[1990 c 100 § 3; 1979 c 141 § 341; 1969 ex.s. c 173 § 9.
Formerly RCW 74.09.182.]
43.20B.050 Liens—Compromise—Settlement or
judgment. (1) No settlement made by and between the
recipient and tort feasor and/or insurer shall discharge or
otherwise compromise the lien created in RCW 43.20B.060
without the express written consent of the secretary.
Discretion to compromise such liens rests solely with the
secretary or the secretary’s designee.
(2) No settlement or judgment shall be entered purporting to compromise the lien created by RCW 43.20B.060
without the express written consent of the secretary or the
secretary’s designee. [1990 c 100 § 4; 1969 ex.s. c 173 §
12. Formerly RCW 74.09.186.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following
RCW 43.20B.060.
43.20B.060 Reimbursement for medical care or
residential care—Lien—Subrogation—Delegation of lien
and subrogation rights. (1) To secure reimbursement of
any assistance paid under chapter 74.09 RCW or reimbursement for any residential care provided by the department at
a hospital for the mentally ill or habilitative care center for
the developmentally disabled, as a result of injuries to or
illness of a recipient caused by the negligence or wrong of
another, the department shall be subrogated to the recipient’s
rights against a tort feasor or the tort feasor’s insurer, or
both.
(2) The department shall have a lien upon any recovery
by or on behalf of the recipient from such tort feasor or the
tort feasor’s insurer, or both to the extent of the value of the
assistance paid or residential care provided by the department, provided that such lien shall not be effective against
recoveries subject to wrongful death when there are surviving dependents of the deceased. The lien shall become
effective upon filing with the county auditor in the county
where the assistance was authorized or where any action is
(2002 Ed.)
Revenue Recovery for Department of Social and Health Services
brought against the tort feasor or insurer. The lien may also
be filed in any other county or served upon the recipient in
the same manner as a civil summons if, in the department’s
discretion, such alternate filing or service is necessary to
secure the department’s interest. The additional lien shall be
effective upon filing or service.
(3) The lien of the department shall be upon any claim,
right of action, settlement proceeds, money, or benefits
arising from an insurance program to which the recipient
might be entitled (a) against the tort feasor or insurer of the
tort feasor, or both, and (b) under any contract of insurance
purchased by the recipient or by any other person providing
coverage for the illness or injuries for which the assistance
or residential care is paid or provided by the department.
(4) If recovery is made by the department under this
section and the subrogation is fully or partially satisfied
through an action brought by or on behalf of the recipient,
the amount paid to the department shall bear its proportionate share of attorneys’ fees and costs.
(a) The determination of the proportionate share to be
borne by the department shall be based upon:
(i) The fees and costs approved by the court in which
the action was initiated; or
(ii) The written agreement between the attorney and
client which establishes fees and costs when fees and costs
are not addressed by the court.
(b) When fees and costs have been approved by a court,
after notice to the department, the department shall have the
right to be heard on the matter of attorneys’ fees and costs
or its proportionate share.
(c) When fees and costs have not been addressed by the
court, the department shall receive at the time of settlement
a copy of the written agreement between the attorney and
client which establishes fees and costs and may request and
examine documentation of fees and costs associated with the
case. The department may bring an action in superior court
to void a settlement if it believes the attorneys’ calculation
of its proportionate share of fees and costs is inconsistent
with the written agreement between the attorney and client
which establishes fees and costs or if the fees and costs
associated with the case are exorbitant in relation to cases of
a similar nature.
(5) The rights and remedies provided to the department
in this section to secure reimbursement for assistance,
including the department’s lien and subrogation rights, may
be delegated to a managed health care system by contract
entered into pursuant to RCW 74.09.522. A managed health
care system may enforce all rights and remedies delegated to
it by the department to secure and recover assistance
provided under a managed health care system consistent with
its agreement with the department. [1997 c 236 § 2; 1990
c 100 § 7.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): "Sections 2, 4, 7(1),
and 8(2) of this act apply to all existing claims against third parties for
which settlements have not been reached or judgments entered by June 7,
1990." [1990 c 100 § 13.]
43.20B.070 Torts committed against recipients of
state assistance—Duties of attorney representing recipient—Trust account for departmental lien. (1) An attorney
representing a person who, as a result of injuries or illness
sustained through the negligence or wrong of another, has
(2002 Ed.)
43.20B.060
received, is receiving, or has applied to receive assistance
under chapter 74.09 RCW, or residential care provided by
the department at a hospital for the mentally ill or
habilitative care center for the developmentally disabled,
shall:
(a) Notify the department at the time of filing any claim
against a third party, commencing an action at law, negotiating a settlement, or accepting a settlement offer from the tort
feasor or the tort feasor’s insurer, or both; and
(b) Give the department thirty days’ notice before any
judgment, award, or settlement may be satisfied in any
action or any claim by the applicant or recipient to recover
damages for such injuries or illness.
(2) The proceeds from any recovery made pursuant to
any action or claim described in RCW 43.20B.060 that is
necessary to fully satisfy the department’s lien against
recovery shall be placed in a trust account or in the registry
of the court until the department’s lien is satisfied. [1999 c
55 § 1; 1990 c 100 § 8.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following
RCW 43.20B.060.
43.20B.080 Recovery for paid medical assistance—
Rules—Disclosure of estate recovery costs, terms, and
conditions. (1) The department shall file liens, seek
adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent
with 42 U.S.C. Sec. 1396p.
(2) Liens may be adjusted by foreclosure in accordance
with chapter 61.12 RCW.
(3) In the case of an individual who was fifty-five years
of age or older when the individual received medical
assistance, the department shall seek adjustment or recovery
from the individual’s estate, and from nonprobate assets of
the individual as defined by RCW 11.02.005, but only for
medical assistance consisting of nursing facility services,
home and community-based services, other services that the
department determines to be appropriate, and related hospital
and prescription drug services. Recovery from the
individual’s estate, including foreclosure of liens imposed
under this section, shall be undertaken as soon as practicable,
consistent with 42 U.S.C. Sec. 1396p.
(4) The department shall apply the medical assistance
estate recovery law as it existed on the date that benefits
were received when calculating an estate’s liability to
reimburse the department for those benefits.
(5)(a) The department shall establish procedures
consistent with standards established by the federal department of health and human services and pursuant to 42
U.S.C. Sec. 1396p to waive recovery when such recovery
would work an undue hardship.
(b) Recovery of medical assistance from a recipient’s
estate shall not include property made exempt from claims
by federal law or treaty, including exemption for tribal
artifacts that may be held by individual Native Americans.
(6) A lien authorized under subsections (1) through (5)
of this section relates back to attach to any real property that
the decedent had an ownership interest in immediately before
death and is effective as of that date.
(7) The department is authorized to adopt rules to effect
recovery under this section. The department may adopt by
[Title 43 RCW—page 109]
43.20B.080
Title 43 RCW: State Government—Executive
rule later enactments of the federal laws referenced in this
section.
(8) It is the responsibility of the department to fully
disclose in advance verbally and in writing, in easy to
understand language, the terms and conditions of estate
recovery to all persons offered long-term care services
subject to recovery of payments.
(9) In disclosing estate recovery costs to potential
clients, and to family members at the consent of the client,
the department shall provide a written description of the
community service options.
(10) The department of social and health services shall
develop an implementation plan for notifying the client or
his or her legal representative at least quarterly of the types
of services used and the cost of those services (debt) that
will be charged against the estate. The estate planning
implementation plan shall be submitted by December 12,
1999, to the appropriate standing committees of the house of
representatives and the senate, and to the joint legislative and
executive task force on long-term care. [1999 c 354 § 2;
1997 c 392 § 302; 1995 1st sp.s. c 18 § 67; 1994 c 21 § 3.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Conflict with federal requirements—1994 c 21: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict and with respect
to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies
concerned. The rules under this act shall meet federal requirements that are
a necessary condition to the receipt of federal funds by the state." [1994 c
21 § 5.]
Effective date—1994 c 21: "This act shall take effect July 1, 1994."
[1994 c 21 § 6.]
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
43.20B.090 Recovery for paid medical assistance
and state-funded long-term care—Legislative intent—
Legislative confirmation of effect of 1994 c 21. (1) It is
the intent of the legislature to ensure that needy individuals
have access to basic long-term care without requiring them
to sell their homes. In the face of rising medical costs and
limited funding for social welfare programs, however, the
state’s medicaid and state-funded long-term care programs
have placed an increasing financial burden on the state. By
balancing the interests of individuals with immediate and
future unmet medical care needs, surviving spouses and
dependent children, adult nondependent children, more
distant heirs, and the state, the estate recovery provisions of
RCW 43.20B.080 and 74.39A.170 provide an equitable and
reasonable method of easing the state’s financial burden
while ensuring the continued viability of the medicaid and
state-funded long-term care programs.
(2) It is further the intent of the legislature to confirm
that chapter 21, Laws of 1994, effective July 1, 1994,
repealed and substantially reenacted the state’s medicaid
estate recovery laws and did not eliminate the department’s
authority to recover the cost of medical assistance paid prior
to October 1, 1993, from the estates of deceased recipients
[Title 43 RCW—page 110]
regardless of whether they received benefits before, on, or
after July 1, 1994. [1997 c 392 § 301.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
NONRESIDENTIAL FEES AND COSTS OF SERVICES
43.20B.110 License fees to be charged by secretary—Waiver—Review and comment. (1) The secretary
shall charge fees to the licensee for obtaining a license. The
secretary may waive the fees when, in the discretion of the
secretary, the fees would not be in the best interest of public
health and safety, or when the fees would be to the financial
disadvantage of the state.
(2) Fees charged shall be based on, but shall not exceed,
the cost to the department for the licensure of the activity or
class of activities and may include costs of necessary
inspection.
(3) Department of social and health services advisory
committees may review fees established by the secretary for
licenses and comment upon the appropriateness of the level
of such fees.
(4) Fees associated with the licensing or regulation of
health professions or health facilities administered by the
department of health, shall be in accordance with RCW
43.70.110 and 43.70.250. [1991 c 3 § 296; 1989 1st ex.s. c
9 § 216; 1987 c 75 § 6; 1982 c 201 § 2. Formerly RCW
43.20A.055.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.20B.120 Funeral assistance—Lien against assets.
If the department furnishes funeral assistance for deceased
recipients under *RCW 74.08.120, the department shall have
a lien against those assets left to a surviving spouse or minor
children under those conditions defined in *RCW 74.08.120.
The lien is valid for six years from the date of filing with
the county auditor and has preference over the claims of all
unsecured creditors. If the assets remain exempt or if no
probate is commenced, the lien automatically terminates
without further action six years after filing. [1987 c 75 §
45.]
*Reviser’s note: RCW 74.08.120 was repealed by 1997 c 58 § 1002.
RESIDENTIAL SERVICES
43.20B.310 Residential care payments by families,
when not collected. No payment may be collected by the
department for residential care if the collection will reduce
the income as defined in RCW 74.04.005 of the head of
household and remaining dependents below one hundred
percent of the need standard for temporary assistance for
needy families. [1997 c 59 § 6; 1983 1st ex.s. c 41 § 34.
Formerly RCW 74.04.780.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
43.20B.320 Mental illness—Treatment costs—
Criminally insane—Liability. Patients hospitalized at state
hospitals as criminally insane shall be responsible for
(2002 Ed.)
Revenue Recovery for Department of Social and Health Services
payment of hospitalization charges. [1987 c 75 § 12; 1959
c 25 § 71.02.380. Prior: 1951 c 139 § 62. Formerly RCW
71.02.380.]
Criminally insane, reimbursement for costs: RCW 10.77.250.
43.20B.325 Mental illness—Hospitalization charges—How computed. Charges for hospitalization of patients
in state hospitals are to be based on the actual cost of
operating such hospitals for the previous year, taking into
consideration the overhead expense of operating the hospital
and expense of maintenance and repair, including in both
cases all salaries of supervision and management as well as
material and equipment actually used or expended in
operation as computed by the department: PROVIDED,
That a schedule of differing hospitalization charges may be
computed, including a schedule of charges for outpatient
services, considering the costs of care, treatment and
maintenance in accordance with the classification of mental
illness, type and intensity of treatment rendered, which may
vary among and within the several state hospitals. Costs of
transportation shall be computed by the department. [1967
ex.s. c 127 § 1; 1959 c 25 § 71.02.410. Prior: 1951 c 139
§ 52. Formerly RCW 71.02.410.]
43.20B.330 Mental illness—Treatment costs—
Liability. Any person admitted or committed to a state
hospital for the mentally ill, and their estates and responsible
relatives are liable for reimbursement to the state of the costs
of hospitalization and/or outpatient services, as computed by
the secretary, or his designee, in accordance with RCW
43.20B.325: PROVIDED, That such mentally ill person, and
his or her estate, and the husband or wife of such mentally
ill person and their estate shall be primarily responsible for
reimbursement to the state for the costs of hospitalization
and/or outpatient services; and, the parents of such mentally
ill person and their estates, until such person has attained the
age of eighteen years, shall be secondarily liable. [1987 c
75 § 13; 1971 ex.s. c 292 § 64; 1967 ex.s. c 127 § 4.
Formerly RCW 71.02.411.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
43.20B.335 Mental illness—Treatment costs—
Determination of ability to pay—Standards—Rules and
regulations. The department is authorized to investigate the
financial condition of each person liable under the provisions
of RCW 43.20B.355 and 43.20B.325 through 43.20B.350,
and is further authorized to make determinations of the
ability of each such person to pay hospitalization charges
and/or charges for outpatient services, in accordance with the
provisions of RCW 43.20B.355 and 43.20B.325 through
43.20B.350, and, for such purposes, to set a standard as a
basis of judgment of ability to pay, which standard shall be
recomputed periodically to reflect changes in the costs of
living, and other pertinent factors, and to make provisions
for unusual and exceptional circumstances in the application
of such standard. Such factors and circumstances shall
include judgments owed by the person to any victim of an
act that would have resulted in criminal conviction of the
patient but for a finding of criminal insanity. A victim shall
include a personal representative of an estate who has
(2002 Ed.)
43.20B.320
obtained judgment for wrongful death against the criminally
insane patient.
In accordance with the provisions of the Administrative
Procedure Act, chapter 34.05 RCW, the department shall
adopt appropriate rules and regulations relating to the
standards to be applied in determining ability to pay such
charges, the schedule of charges pursuant to RCW
43.20B.325, and such other rules and regulations as are
deemed necessary to administer the provisions of RCW
43.20B.355 and 43.20B.325 through 43.20B.350. [1996 c
125 § 2; 1987 c 75 § 14; 1979 c 141 § 126; 1967 ex.s. c
127 § 5. Formerly RCW 71.02.412.]
Findings—Purpose—1996 c 125: "The legislature finds that laws
and regulations relating to the rights of the state to collection from
criminally insane patients for cost of their hospitalization are in need of
clarification. The legislature previously directed the department of social
and health services to set standards regarding ability of such patients to pay
that would include pertinent factors, as well as unusual and exceptional
circumstances. The legislature finds that the regulations established by the
department fail to take into account a factor and circumstance that should
be paramount: Compensation owed by the patient to victims of his or her
criminally insane conduct. The state public policy recognizes the due
dignity and respect to be accorded victims of crime and the need for victims
to be compensated, as set forth in Article I, section 35 of the state
Constitution and in chapter 7.68 RCW. The legislature did not intend, in
enacting RCW 43.20B.320, that the department attempt to obtain funds for
hospitalization of criminally insane patients that would otherwise have
compensated the victims of the patient. The purpose of chapter 125, Laws
of 1996 is to clarify legislative intent and existing law." [1996 c 125 § 1.]
43.20B.340 Mental illness—Treatment costs—Notice
and finding of responsibility—Period—Adjudicative
proceedings. In any case where determination is made that
a person, or the estate of such person, is able to pay all, or
any portion of the charges for hospitalization, and/or charges
for outpatient services, a notice and finding of responsibility
shall be served on such person or the court-appointed
personal representative of such person. The notice shall set
forth the amount the department has determined that such
person, or his or her estate, is able to pay not to exceed the
costs of hospitalization, and/or costs of outpatient services,
as fixed in accordance with the provisions of RCW
43.20B.325, or as otherwise limited by the provisions of
RCW 43.20B.355 and 43.20B.325 through 43.20B.350. The
responsibility for the payment to the department shall
commence twenty-eight days after service of such notice and
finding of responsibility which finding of responsibility shall
cover the period from the date of admission of such mentally
ill person to a state hospital, and for the costs of hospitalization, and/or the costs of outpatient services, accruing
thereafter. The notice and finding of responsibility shall be
served upon all persons found financially responsible in the
manner prescribed for the service of summons in a civil
action or may be served by certified mail, return receipt
requested. The return receipt signed by addressee only is
prima facie evidence of service. An application for an
adjudicative proceeding may be filed with the secretary, or
the secretary’s designee within twenty-eight days from the
date of service of such notice and finding of responsibility.
The application must be written and served on the secretary
by registered or certified mail, or by personal service. If no
application is filed, the notice and finding of responsibility
shall become final. If an application is filed, the execution
of notice and finding of responsibility shall be stayed
[Title 43 RCW—page 111]
43.20B.340
Title 43 RCW: State Government—Executive
pending the final adjudicative order. The hearing shall be
conducted in a local department office or other location in
Washington convenient to the appellant. The proceeding is
governed by the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 175 § 98; 1987 c 75 § 15; 1985 c 245 § 3;
1981 c 67 § 33; 1971 c 81 § 133; 1969 ex.s. c 268 § 1;
1967 ex.s. c 127 § 6. Formerly RCW 71.02.413.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—1985 c 245 §§ 3 and 6: "Sections 3 and 6 of this act shall
not have the effect of terminating or in any way modifying any liability,
civil or criminal, that is already in existence on May 10, 1985." [1985 c
245 § 11.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
43.20B.345 Mental illness—Treatment costs—
Judgment for accrued amounts. Whenever any notice and
finding of responsibility, or appeal therefrom, shall have
become final, the superior court, wherein such person or
persons reside or have property either real or personal, shall,
upon application of the secretary enter a judgment in the
amount of the accrued monthly charges for the costs of
hospitalization, and/or the costs of outpatient services, and
such judgment shall have and be given the same effect as if
entered pursuant to civil action instituted in said court;
except, such judgment shall not be the subject of collection
by the department unless and until any outstanding judgment
for a victim referenced in RCW 43.20B.335 has been fully
satisfied. [1996 c 125 § 3; 1987 c 75 § 16; 1979 c 141 §
127; 1967 ex.s. c 127 § 7. Formerly RCW 71.02.414.]
Findings—Purpose—1996 c 125: See note following RCW
43.20B.335.
43.20B.347 Mental illness—Treatment costs—Lien
against real and personal property. Whenever a notice
and finding of responsibility, or appeal therefrom, has
become final, the department may file a lien against the real
and personal property of all persons found financially
responsible under RCW 43.20B.330 with the county auditor
of the county where the persons reside or own property.
[1993 c 272 § 1.]
Savings—1993 c 272: "This act does not have the effect of
terminating or in any way modifying any liability, civil or criminal, that is
already in existence on the effective date of this act." [1993 c 272 § 6.]
Severability—1993 c 272: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 272 § 7.]
43.20B.350 Mental illness—Treatment costs—
Modification or vacation of findings of responsibility.
The secretary, or the secretary’s designee, upon application
of the person responsible for payment of reimbursement to
the state of the costs of hospitalization, and/or the costs of
outpatient services, or the legal representative of such
person, and, after investigation, or after investigation without
application, the secretary, or the secretary’s designee, if
satisfied of the financial ability or inability of such person to
reimburse the state in accordance with the original finding of
responsibility, may, modify or vacate such original finding
of responsibility and enter a new finding of responsibility.
The determination to modify or vacate findings of responsibility shall be served and be appealable in the same manner
[Title 43 RCW—page 112]
and in accordance with the same procedures for appeals of
original findings of responsibility. [1987 c 75 § 17; 1967
ex.s. c 127 § 8. Formerly RCW 71.02.415.]
43.20B.355 Mental illness—Hospitalization charges—Due date—Collection. Hospitalization charges are
payable on the tenth day of each calendar month, for
services rendered during the preceding month, and the
department may make all necessary rules and regulations
relative to the billing and collection of such charges. [1967
ex.s. c 127 § 2; 1959 c 25 § 71.02.320. Prior: 1951 c 139
§ 56. Formerly RCW 71.02.320.]
43.20B.360 Mental illness—Hospitalization charges—Collection—Statutes of limitation. No statutes of
limitations shall run against the state of Washington for
hospitalization charges: PROVIDED, HOWEVER, That
periods of limitations for the filing of creditors’ claims
against probate and guardianship estates shall apply against
such claims. [1959 c 25 § 71.02.360. Prior: 1951 c 139 §
61. Formerly RCW 71.02.360.]
Period of limitation for claims against guardianship estate: RCW
11.92.035.
43.20B.370 Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist. The
prosecuting attorneys of the various counties shall assist the
department in the collection of hospitalization charges.
[1959 c 25 § 71.02.370. Prior: 1951 c 139 § 64. Formerly
RCW 71.02.370.]
43.20B.410 Residential habilitation centers—
Liability for costs of services—Declaration of purpose.
The purpose of RCW 43.20B.410 through 43.20B.455 is to
place financial responsibility for cost of care, support and
treatment upon those residents of residential habilitation
centers operated under chapter 71A.20 RCW who possess
assets over and above the minimal amount required to be
retained for personal use; to provide procedures for establishing such liability and the monthly rate thereof, and the
process for appeal therefrom to the secretary of social and
health services and the courts by any person deemed
aggrieved thereby. [1988 c 176 § 902; 1987 c 75 § 23; 1979
c 141 § 237; 1967 c 141 § 1. Formerly RCW 72.33.650.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: "This 1967 amendatory act shall become
effective July 1, 1967." [1967 c 141 § 13.]
43.20B.415 State residential schools—Liability for
costs of services—Limitation. The estates of all mentally
or physically deficient persons who have been admitted to
the state residential schools listed in *RCW 72.33.030 either
by application of their parents or guardian or by commitment
of court, or who may hereafter be admitted or committed to
such institutions, shall be liable for their per capita costs of
care, support and treatment: PROVIDED, That the estate
funds may not be reduced as a result of such liability below
an amount as set forth in *RCW 72.33.180. [1971 ex.s. c
118 § 2; 1967 c 141 § 2. Formerly RCW 72.33.655.]
(2002 Ed.)
Revenue Recovery for Department of Social and Health Services
*Reviser’s note: RCW 72.33.030 and 72.33.180 were repealed by
1988 c 176 § 1007. See Title 71A RCW. The term "residential schools"
was changed to "residential habilitation centers" by 1988 c 176.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.420 Residential habilitation centers—
Determination of costs of services—Establishment of
rates—Collection. The charges for services as provided in
RCW 43.20B.425 shall be based on the rates established for
the purpose of receiving federal reimbursement for the same
services. For those services for which there is no applicable
federal reimbursement-related rate, charges shall be based on
the average per capita costs, adjusted for inflation, of
operating each of the residential habilitation centers for the
previous reporting year taking into consideration all expenses
of institutional operation, maintenance and repair, salaries
and wages, equipment and supplies: PROVIDED, That all
expenses directly related to the cost of education for persons
under the age of twenty-two years shall be excluded from
the computation of the average per capita cost. The department shall establish rates on a per capita basis and promulgate those rates or the methodology used in computing costs
and establishing rates as rules of the department in accordance with chapter 34.05 RCW. The department shall be
charged with the duty of collection of charges incurred under
RCW 43.20B.410 through 43.20B.455, which may be
enforced by civil action instituted by the attorney general
within or without the state. [1988 c 176 § 903; 1987 c 75
§ 24; 1984 c 200 § 1; 1979 c 141 § 238; 1967 c 141 § 3.
Formerly RCW 72.33.660.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.425 Residential habilitation centers—Costs
of services—Investigation and determination of ability to
pay—Exemptions. The department shall investigate and
determine the assets of the estates of each resident of a
residential habilitation center and the ability of each such
estate to pay all, or any portion of, the average monthly
charge for care, support and treatment at a residential
habilitation center as determined by the procedure set forth
in RCW 43.20B.420: PROVIDED, That the sum as set forth
in RCW 71A.20.100 shall be retained by the estate of the
resident at all times for such personal needs as may arise:
PROVIDED FURTHER, That where any person other than
a resident or the guardian of the resident’s estate deposits
funds so that the depositor and a resident become joint
tenants with the right of survivorship, such funds shall not
be considered part of the resident’s estate so long as the
resident is not the sole survivor among such joint tenants.
[1988 c 176 § 904; 1987 c 75 § 25; 1971 ex.s. c 118 § 3;
1967 c 141 § 4. Formerly RCW 72.33.665.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.430 Residential habilitation centers—Costs
of services—Notice and finding of responsibility—
Service—Adjudicative proceeding. In all cases where a
determination is made that the estate of a resident of a
residential habilitation center is able to pay all or any portion
of the charges, a notice and finding of responsibility shall be
(2002 Ed.)
43.20B.415
served on the guardian of the resident’s estate, or if no
guardian has been appointed then to the resident, the
resident’s spouse, or other person acting in a representative
capacity and having property in his or her possession
belonging to a resident. The notice shall set forth the
amount the department has determined that such estate is
able to pay, not to exceed the charge as fixed in accordance
with RCW 43.20B.420, and the responsibility for payment to
the department shall commence twenty-eight days after
personal service of such notice and finding of responsibility.
Service shall be in the manner prescribed for the service of
a summons in a civil action or may be served by certified
mail, return receipt requested. The return receipt signed by
addressee only is prima facie evidence of service. An
application for an adjudicative proceeding from the determination of responsibility may be made to the secretary by the
guardian of the resident’s estate, or if no guardian has been
appointed then by the resident, the resident’s spouse, or other
person acting in a representative capacity and having
property in his or her possession belonging to a resident of
a state school, within such twenty-eight day period. The
application must be written and served on the secretary by
registered or certified mail, or by personal service. If no
application is filed, the notice and finding of responsibility
shall become final. If an application is filed, the execution
of notice and finding of responsibility shall be stayed
pending the final adjudicative order. The hearing shall be
conducted in a local department office or other location in
Washington convenient to the appellant. The proceeding is
governed by the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 175 § 99; 1988 c 176 § 905; 1987 c 75 §
26; 1985 c 245 § 6; 1982 c 189 § 7; 1979 c 141 § 239; 1970
ex.s. c 75 § 1; 1967 c 141 § 5. Formerly RCW 72.33.670.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 176: See RCW 71A.10.900.
Savings—1985 c 245: See note following RCW 43.20B.340.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.435 State residential habilitation centers—
Costs of services—Modification or vacation of finding of
responsibility. The secretary, upon application of the
guardian of the estate of the resident, and after investigation,
or upon investigation without application, may, if satisfied of
the financial ability or inability of such person to make
payments in accordance with the original finding of responsibility, modify or vacate such original finding of responsibility, and enter a new finding of responsibility. The secretary’s
determination to modify or vacate findings of responsibility
shall be served and be appealable in the same manner and in
accordance with the same procedure for appeals of original
findings of responsibility. [1979 c 141 § 240; 1967 c 141 §
7. Formerly RCW 72.33.680.]
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.440 Residential habilitation centers—Costs
of services—Charges payable in advance. The charges for
care, support, maintenance and treatment of persons at
residential habilitation centers as provided by RCW
43.20B.410 through 43.20B.455 shall be payable in advance
on the first day of each and every month to the department.
[Title 43 RCW—page 113]
43.20B.440
Title 43 RCW: State Government—Executive
[1988 c 176 § 906; 1987 c 75 § 27; 1979 c 141 § 241; 1967
c 141 § 8. Formerly RCW 72.33.685.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.445 Residential habilitation centers—Costs
of services—Reimbursement from property subsequently
acquired—Placement outside school—Liability after
death of resident. The provisions of RCW 43.20B.410
through 43.20B.455 shall not be construed to prohibit or
prevent the department of social and health services from
obtaining reimbursement from any person liable under RCW
43.20B.410 through 43.20B.455 for payment of the full
amount of the accrued per capita cost from any property
acquired by gift, devise or bequest subsequent to and regardless of the initial findings of responsibility under RCW
43.20B.430: PROVIDED, That the estate of any resident of
a residential habilitation center shall not be liable for such
reimbursement subsequent to termination of services for that
resident at the residential habilitation center: PROVIDED
FURTHER, That upon the death of any person while a resident in a residential habilitation center, the person’s estate
shall become liable to the same extent as the resident’s
liability on the date of death. [1988 c 176 § 907; 1987 c 75
§ 28; 1979 c 141 § 242; 1967 c 141 § 9. Formerly RCW
72.33.690.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.450 State residential habilitation centers—
Costs of services—Liabilities created apply to care,
support, and treatment after July 1, 1967. The liabilities
created by RCW 43.20B.410 through 43.20B.455 shall apply
to the care, support and treatment occurring after July 1,
1967. [1987 c 75 § 29; 1967 c 141 § 11. Formerly RCW
72.33.695.]
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.455 Residential habilitation centers—Costs
of services—Discretionary allowance in resident’s fund.
Notwithstanding any other provision of RCW 43.20B.410
through 43.20B.455, the secretary may, if in the secretary’s
discretion any resident of a residential habilitation center can
be terminated from receiving services at the habilitation
center more rapidly and assimilated into a community, keep
an amount not exceeding five thousand dollars in the
resident’s fund for such resident and such resident shall not
thereafter be liable thereon for per capita costs of care, support and treatment as provided for in RCW 43.20B.415.
[1988 c 176 § 908; 1987 c 75 § 30; 1979 c 141 § 243; 1967
c 141 § 12. Formerly RCW 72.33.700.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.460 Guardianship fees and additional costs
for incapacitated clients paying part of costs—Maximum
amount—Rules. The department of social and health
services shall establish by rule the maximum amount of
guardianship fees and additional compensation for administrative costs that may be allowed by the court as compen[Title 43 RCW—page 114]
sation for a guardian or limited guardian of an incapacitated
person who is a department of social and health services
client residing in a nursing facility or in a residential or
home setting and is required by the department of social and
health services to contribute a portion of their income
towards the cost of residential or supportive services. [1994
c 68 § 2.]
RECOVERY OF OVERPAYMENTS
43.20B.620 Overpayments of assistance—Lien
against recipient’s property—Recovery methods.
Overpayments of public assistance or food stamps or food
stamp benefits transferred electronically under RCW
74.04.300 shall become a lien against the real and personal
property of the recipient from the time of filing by the
department with the county auditor of the county in which
the recipient resides or owns property, and the lien claim has
preference over the claims of all unsecured creditors.
Debts due the state for overpayments of public assistance or food stamps or food stamp benefits transferred
electronically may be recovered by the state by deduction
from the subsequent assistance payments to such persons,
lien and foreclosure, or order to withhold and deliver, or
may be recovered by civil action. [1998 c 79 § 4; 1987 c 75
§ 43.]
43.20B.630 Overpayments of assistance—
Procedures—Adjudicative proceeding. (1) Any person
who owes a debt to the state for an overpayment of public
assistance and/or food stamps or food stamp benefits
transferred electronically shall be notified of that debt by
either personal service or certified mail, return receipt
requested. Personal service, return of the requested receipt,
or refusal by the debtor of such notice is proof of notice to
the debtor of the debt owed. Service of the notice shall be
in the manner prescribed for the service of a summons in a
civil action. The notice shall include a statement of the debt
owed; a statement that the property of the debtor will be
subject to collection action after the debtor terminates from
public assistance and/or food stamps or benefits; a statement
that the property will be subject to lien and foreclosure,
distraint, seizure and sale, or order to withhold and deliver;
and a statement that the net proceeds will be applied to the
satisfaction of the overpayment debt. Action to collect the
debt by lien and foreclosure, distraint, seizure and sale, or
order to withhold and deliver, is lawful after ninety days
from the debtor’s termination from public assistance and/or
food stamps or benefits or the receipt of the notice of debt,
whichever is later. This does not preclude the department
from recovering overpayments by deduction from subsequent
assistance payments, not exceeding deductions as authorized
under federal law with regard to financial assistance programs: PROVIDED, That subject to federal legal requirement, deductions shall not exceed five percent of the grant
payment standard if the overpayment resulted from error on
the part of the department or error on the part of the recipient without willful or knowing intent of the recipient in
obtaining or retaining the overpayment.
(2) A current or former recipient who is aggrieved by a
claim that he or she owes a debt for an overpayment of
(2002 Ed.)
Revenue Recovery for Department of Social and Health Services
public assistance or food stamps or food stamp benefits
transferred electronically has the right to an adjudicative
proceeding pursuant to RCW 74.08.080. If no application is
filed, the debt will be subject to collection action as authorized under this chapter. If a timely application is filed, the
execution of collection action on the debt shall be stayed
pending the final adjudicative order or termination of the
debtor from public assistance and/or food stamps or food
stamp benefits transferred electronically, whichever occurs
later. [1998 c 79 § 5; 1989 c 175 § 100; 1982 c 201 § 18;
1981 c 163 § 1. Formerly RCW 74.04.700.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Overpayments and debts due the state: RCW 74.04.300.
43.20B.635 Overpayments of assistance—Orders to
withhold property of debtor—Procedures. After service
of a notice of debt for an overpayment as provided for in
RCW 43.20B.630, stating the debt accrued, the secretary
may issue to any person, firm, corporation, association,
political subdivision, or department of the state, an order to
withhold and deliver property of any kind including, but not
restricted to, earnings which are due, owing, or belonging to
the debtor, when the secretary has reason to believe that
there is in the possession of such person, firm, corporation,
association, political subdivision, or department of the state
property which is due, owing, or belonging to the debtor.
The order to withhold and deliver shall state the amount of
the debt, and shall state in summary the terms of this
section, RCW 6.27.150 and 6.27.160, chapters 6.13 and 6.15
RCW, 15 U.S.C. 1673, and other state or federal exemption
laws applicable generally to debtors. The order to withhold
and deliver shall be served in the manner prescribed for the
service of a summons in a civil action or by certified mail,
return receipt requested. Any person, firm, corporation,
association, political subdivision, or department of the state
upon whom service has been made shall answer the order to
withhold and deliver within twenty days, exclusive of the
day of service, under oath and in writing, and shall make
true answers to the matters inquired of therein. The secretary may require further and additional answers to be
completed by the person, firm, corporation, association,
political subdivision, or department of the state. If any such
person, firm, corporation, association, political subdivision,
or department of the state possesses any property which may
be subject to the claim of the department of social and health
services, such property shall be withheld immediately upon
receipt of the order to withhold and deliver and shall, after
the twenty-day period, upon demand, be delivered forthwith
to the secretary. The secretary shall hold the property in
trust for application on the indebtedness involved or for
return, without interest, in accordance with final determination of liability or nonliability. In the alternative, there may
be furnished to the secretary a good and sufficient bond,
satisfactory to the secretary, conditioned upon final determination of liability. Where money is due and owing under
any contract of employment, express or implied, or is held
by any person, firm, corporation, association, political
subdivision, or department of the state subject to withdrawal
by the debtor, such money shall be delivered by remittance
payable to the order of the secretary. Delivery to the
secretary, subject to the exemptions under RCW 6.27.150
(2002 Ed.)
43.20B.630
and 6.27.160, chapters 6.13 and 6.15 RCW, 15 U.S.C. 1673,
and other state or federal law applicable generally to debtors,
of the money or other property held or claimed satisfies the
requirement of the order to withhold and deliver. Delivery
to the secretary serves as full acquittance, and the state
warrants and represents that it shall defend and hold harmless for such actions persons delivering money or property
to the secretary pursuant to this chapter. The state also
warrants and represents that it shall defend and hold harmless for such actions persons withholding money or property
pursuant to this chapter.
The secretary shall also, on or before the date of service
of the order to withhold and deliver, mail or cause to be
mailed by certified mail a copy of the order to withhold and
deliver to the debtor at the debtor’s last known post office
address, or, in the alternative, a copy of the order to withhold and deliver shall be served on the debtor in the same
manner as a summons in a civil action on or before the date
of service of the order or within two days thereafter. The
copy of the order shall be mailed or served together with a
concise explanation of the right to petition for a hearing on
any issue related to the collection. This requirement is not
jurisdictional, but, if the copy is not mailed or served as
provided in this section, or if any irregularity appears with
respect to the mailing or service, the superior court, on its
discretion on motion of the debtor promptly made and
supported by affidavit showing that the debtor has suffered
substantial injury due to the failure to mail the copy, may set
aside the order to withhold and deliver and award to the
debtor an amount equal to the damages resulting from the
secretary’s failure to serve on or mail to the debtor the copy.
[1990 c 100 § 1; 1987 c 75 § 37; 1981 c 163 § 2. Formerly
RCW 74.04.710.]
43.20B.640 Overpayments of assistance—Failure to
withhold property of debtor. If any person, firm, corporation, association, political subdivision, or department of the
state fails to answer an order to withhold and deliver within
the time prescribed in RCW 43.20B.635, or fails or refuses
to deliver property pursuant to the order, or after actual
notice of filing of a lien as provided for in this chapter, pays
over, releases, sells, transfers, or conveys real or personal
property subject to such lien to or for the benefit of the
debtor or any other person, or fails or refuses to surrender
upon demand property distrained under RCW 43.20B.635, or
fails or refuses to honor an assignment of wages presented
by the secretary, such person, firm, corporation, association,
political subdivision, or department of the state is liable to
the department in an amount equal to one hundred percent
of the value of the debt which is the basis of the lien, order
to withhold and deliver, distraint, or assignment of wages,
together with costs, interest, and reasonable attorney fees.
[1987 c 75 § 38; 1981 c 163 § 3. Formerly RCW
74.04.720.]
43.20B.645 Overpayments of assistance—
Assignment of earnings. Any person, firm, corporation,
association, political subdivision, or department employing
a person owing a debt for overpayment of public assistance
received as defined in RCW 74.04.300, shall honor, according to its terms, a duly executed assignment of earnings
[Title 43 RCW—page 115]
43.20B.645
Title 43 RCW: State Government—Executive
presented to the employer by the secretary as a plan to
satisfy or retire an overpayment debt. This requirement to
honor the assignment of earnings is applicable whether the
earnings are to be paid presently or in the future and continues in force and effect until released in writing by the
secretary. Payment of moneys pursuant to an assignment of
earnings presented to the employer by the secretary serves as
full acquittance under any contract of employment, and the
state warrants and represents it shall defend and hold
harmless such action taken pursuant to the assignment of
earnings. The secretary is released from liability for
improper receipt of moneys under assignment of earnings
upon return of any moneys so received. [1981 c 163 § 4.
Formerly RCW 74.04.730.]
43.20B.660 Improper realty transfer—Suit to
rescind—Recovery from recipient’s estate. If an improper
real property transfer is made as defined in RCW 74.08.331
through 74.08.338, the department may request the attorney
general to file suit to rescind the transaction except as to
subsequent bona fide purchasers for value. If it is established by judicial proceedings that a fraudulent conveyance
occurred, the value of any public assistance which has been
furnished may be recovered in any proceedings from the
recipient or the recipient’s estate. [1987 c 75 § 46.]
43.20B.670 Excess property assistance program—
Lien—Department as creditor. When the department
provides grant assistance to persons who possess excess real
property under *RCW 74.04.005(10)(f), the department may
file a lien against, or otherwise perfect its interest in such
real property as a condition of granting such assistance, and
the department shall have the status of a secured creditor.
[1985 c 245 § 10. Formerly RCW 74.04.007.]
*Reviser’s note: RCW 74.04.005 was amended by 1997 c 58 § 309,
changing subsection (10)(f) to subsection (10)(g).
43.20B.675 Vendor overpayments—Goods or
services provided on or after July 1, 1998—Notice—
Adjudicative proceeding—Enforcement—Collection—
Rules. (1) When the department determines that a vendor
was overpaid by the department for either goods or services,
or both, provided to department clients, except nursing
homes under chapter 74.46 RCW, the department will give
written notice to the vendor. The notice will include the
amount of the overpayment, the basis for the claim, and the
rights of the vendor under this section.
(2) The notice may be served upon the vendor in the
manner prescribed for the service of a summons in civil
action or be mailed to the vendor at the last known address
by certified mail, return receipt requested, demanding payment within twenty days of the date of receipt.
(3) The vendor has the right to an adjudicative proceeding governed by the administrative procedure act, chapter
34.05 RCW, and the rules of the department. The vendor’s
application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice,
and include a copy of the department’s notice. The application must be served on and received by the department
within twenty-eight days of the vendor’s receipt of the notice
[Title 43 RCW—page 116]
of overpayment. The vendor must serve the department in
a manner providing proof of receipt.
(4) Where an adjudicative proceeding has been requested, the presiding or reviewing office will determine the
amount, if any, of the overpayment received by the vendor.
(5) If the vendor fails to attend or participate in the
adjudicative proceeding, upon a showing of valid service, the
presiding or reviewing officer may enter an administrative
order declaring the amount claimed in the notice to be
assessed against the vendor and subject to collection action
by the department.
(6) Failure to make an application for an adjudicative
proceeding within twenty-eight days of the date of notice
will result in the establishment of a final debt against the
vendor in the amount asserted by the department and that
amount is subject to collection action. The department may
also charge the vendor with any costs associated with the
collection of any final overpayment or debt established
against the vendor.
(7) The department may enforce a final overpayment or
debt through lien and foreclosure, distraint, seizure and sale,
order to withhold and deliver, or other collection action
available to the department to satisfy the debt due.
(8) Debts determined under this chapter are subject to
collection action without further necessity of action by a
presiding or reviewing officer. The department may collect
the debt in accordance with RCW 43.20B.635, 43.20B.640,
and 43.20B.680. In addition, a vendor lien may be subject
to distraint and seizure and sale in the same manner as
prescribed for support liens in RCW 74.20A.130.
(9) Chapter 66, Laws of 1998 applies to overpayments
for goods or services provided on or after July 1, 1998.
(10) The department may adopt rules consistent with
this section. [1998 c 66 § 2.]
Findings—1998 c 66: "The legislature finds that more efficient and
cost-effective means are available for the collection of vendor overpayments
owed the state of Washington. The legislature further finds it desirable to
provide vendors a uniform formal appeal process that will streamline the
current process for both the department of social and health services and the
vendor." [1998 c 66 § 1.]
43.20B.680 Vendor overpayments—Lien or other
security—Setoff or recoupment—Exception. (1) The
department may, at the secretary’s discretion, secure the
repayment of any outstanding overpayment, plus interest, if
any, through the filing of a lien against the vendor’s real
property, or by requiring the posting of a bond, assignment
of deposit, or some other form of security acceptable to the
department, or by doing both.
(a) Any lien shall be effective from the date of filing for
record with the county auditor of the county in which the
property is located and the lien claim shall have preference
over the claims of all unsecured creditors.
(b) The department shall review and determine the
acceptability of all other forms of security.
(c) Any bond must be issued by a company licensed as
a surety in the state of Washington.
(d) This subsection does not apply to nursing homes
licensed under chapter 18.51 RCW or portions of hospitals
licensed under chapter 70.41 RCW and operating as a nursing home, if those facilities are subject to chapter 74.46
RCW.
(2002 Ed.)
Revenue Recovery for Department of Social and Health Services
(2) The department may recover any overpayment, plus
interest, if any, by setoff or recoupment against subsequent
payments to the vendor. [1987 c 283 § 10.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.685 Vendor overpayments—Liens—
Duration—Enforcement. Liens created under RCW
43.20B.680 shall bind the affected property for a period of
ten years after the lien has been recorded or ten years after
the resolution of all good faith disputes as to the overpayment, whichever is later. Any civil action by the department
to enforce such lien must be timely commenced before the
ten-year period expires or the lien shall be released. A civil
action to enforce such lien shall not be timely commenced
unless the summons and complaint are filed within the tenyear period in a court having jurisdiction and service of the
summons and complaint is made upon all parties in the
manner prescribed by appropriate civil court rules. [1987 c
283 § 11.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.688 Limitation on actions to enforce vendor
overpayment debts. Any action to enforce a vendor
overpayment debt shall be commenced within six years from
the date of the department’s notice to the vendor. [1987 c
283 § 15. Formerly RCW 43.20A.440.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Vendor overpayments: RCW 43.20B.680 through 43.20B.695.
43.20B.690 Vendor overpayments—Remedies
nonexclusive. The remedies under RCW 43.20B.680 and
43.20B.685 are nonexclusive and nothing contained in this
chapter may be construed to impair or affect the right of the
department to maintain a civil action or to pursue any other
remedies available to it under the laws of this state to
recover such debt. [1987 c 283 § 12.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.695 Vendor overpayments—Interest—
Exceptions. (1) Except as provided in subsection (4) of this
section, vendors shall pay interest on overpayments at the
rate of one percent per month or portion thereof. Where
partial repayment of an overpayment is made, interest
accrues on the remaining balance. Interest will not accrue
when the overpayment occurred due to department error.
(2) If the overpayment is discovered by the vendor prior
to discovery and notice by the department, the interest shall
begin accruing ninety days after the vendor notifies the
department of such overpayment.
(3) If the overpayment is discovered by the department
prior to discovery and notice by the vendor, the interest shall
begin accruing as follows, whichever occurs first:
(a) Thirty days after the date of notice by the department to the vendor; or
(b) Ninety days after the date of overpayment to the
vendor.
(4) This section does not apply to:
(2002 Ed.)
43.20B.680
(a) Interagency or intergovernmental transactions;
(b) Contracts for public works, goods and services
procured for the exclusive use of the department, equipment,
or travel; and
(c) Contracts entered into before September 1, 1979, for
contracts with medical assistance funding, and August 23,
1983, for all other contracts. [1987 c 283 § 2; 1983 1st ex.s.
c 41 § 17. Formerly RCW 43.20A.435.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Savings—1983 1st ex.s. c 41 § 17: "The enactment of section 17 of
this act shall not have the effect of terminating or in any way modifying any
liability, civil or criminal, which is already in existence on August 23,
1983." [1983 1st ex.s. c 41 § 18.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
43.20B.710 Medical assistance—Improper transfer
or assignment of resources—Penalty—Presumption,
rebuttal—Attorney’s fees. If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person
who knowingly or willingly receives the assets for less than
fair market value is liable for a civil penalty equal to the
uncompensated value of the cash or resources transferred or
assigned at less than fair market value. The civil penalty
shall not exceed the cost of assistance rendered by the
department to the applicant or recipient. The person may
rebut the presumption that the transfer or assignment was
made for the purpose of enabling the applicant or recipient
to qualify or continue to qualify for assistance. The prevailing party in such an action shall be awarded reasonable
attorney’s fees. [1987 c 75 § 47.]
*Reviser’s note: RCW 74.09.538 was repealed by 1989 c 87 § 11.
Transfer of spousal resources: RCW 74.09.530 through 74.09.595.
43.20B.720 Recipient receiving industrial insurance
compensation—Subrogation rights of department—
Lien—Withhold and deliver notice. (1) To avoid a
duplicate payment of benefits, a recipient of public assistance
from the department of social and health services is deemed
to have subrogated the department to the recipient’s right to
recover temporary total disability compensation due to the
recipient and the recipient’s dependents under Title 51 RCW,
to the extent of such assistance or compensation, whichever
is less. However, the amount to be repaid to the department
of social and health services shall bear its proportionate
share of attorney’s fees and costs, if any, incurred under
Title 51 RCW by the recipient or the recipient’s dependents.
(2) The department of social and health services may
assert and enforce a lien and notice to withhold and deliver
to secure reimbursement. The department shall identify in
the lien and notice to withhold and deliver the recipient of
public assistance and temporary total disability compensation
and the amount claimed by the department. [1997 c 130 §
1; 1985 c 245 § 7; 1982 c 201 § 17; 1973 1st ex.s. c 102 §
1. Formerly RCW 74.04.530.]
43.20B.730 Recipient receiving industrial insurance
compensation—Effective date of lien and notice—Service.
The effective date of the lien and notice to withhold and
deliver provided in RCW 43.20B.720 is the day that it is
received by the department of labor and industries or a self[Title 43 RCW—page 117]
43.20B.730
Title 43 RCW: State Government—Executive
insurer as defined in chapter 51.08 RCW. Service of the
lien and notice to withhold and deliver may be made
personally, by regular mail with postage prepaid, or by
electronic means. A statement of lien and notice to withhold
and deliver shall be mailed to the recipient at the recipient’s
last known address by certified mail, return receipt requested, no later than two business days after the department
mails, delivers, or transmits the lien and notice to withhold
and deliver to the department of labor and industries or a
self-insurer. [1997 c 130 § 2; 1987 c 75 § 34; 1985 c 245
§ 9; 1973 1st ex.s. c 102 § 3. Formerly RCW 74.04.550.]
43.20B.735 Recipient receiving industrial insurance
compensation—Duty to withhold and deliver—Amount.
The director of labor and industries or the director’s
designee, or a self-insurer as defined in chapter 51.08 RCW,
following receipt of the lien and notice to withhold and
deliver, shall deliver to the secretary of social and health
services or the secretary’s designee any temporary total
disability compensation payable to the recipient named in the
lien and notice to withhold and deliver up to the amount
claimed. The director of labor and industries or self-insurer
shall withhold and deliver from funds currently in the
director’s or self-insurer’s possession or from any funds that
may at any time come into the director’s or self-insurer’s
possession on account of temporary total disability compensation payable to the recipient named in the lien and notice
to withhold and deliver. [1997 c 130 § 3; 1973 1st ex.s. c
102 § 4. Formerly RCW 74.04.560.]
43.20B.740 Recipient receiving industrial insurance
compensation—Adjudicative proceeding—Collection
pending final order. A recipient feeling aggrieved by the
action of the department of social and health services in
recovering his or her temporary total disability compensation
as provided in RCW 43.20B.720 through 43.20B.745 shall
have the right to an adjudicative proceeding.
A recipient seeking an adjudicative proceeding shall file
an application with the secretary within twenty-eight days
after the statement of lien and notice to withhold and deliver
was mailed to the recipient. If the recipient files an application more than twenty-eight days after, but within one year
of, the date the statement of lien and notice to withhold and
deliver was mailed, the recipient is entitled to a hearing if
the recipient shows good cause for the recipient’s failure to
file a timely application. The filing of a late application
does not affect prior collection action pending the final
adjudicative order. Until good cause for failure to file a
timely application is decided, the department may continue
to collect under the lien and notice to withhold and deliver.
The proceeding shall be governed by chapter 34.05
RCW, the Administrative Procedure Act. [1997 c 130 § 4;
1989 c 175 § 101; 1987 c 75 § 35; 1973 1st ex.s. c 102 § 5.
Formerly RCW 74.04.570.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.20B.745 Recipient receiving industrial insurance
compensation—Application. RCW 43.20B.720 through
43.20B.745 shall not apply to persons whose eligibility for
benefits under Title 51 RCW, is based upon an injury or
[Title 43 RCW—page 118]
illness occurring prior to July 1, 1972. [1987 c 75 § 36;
1973 1st ex.s. c 102 § 6. Formerly RCW 74.04.580.]
CONSTRUCTION
43.20B.900 Savings—1987 c 75. The enactment of
this act shall not have the effect of terminating or in any
way modifying any liability, civil or criminal, which is
already in existence on July 26, 1987. [1987 c 75 § 48.]
43.20B.901 Severability—1987 c 75. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 75 § 51.]
Chapter 43.21A
DEPARTMENT OF ECOLOGY
Sections
43.21A.005 Intent—Public involvement and outreach.
43.21A.010 Legislative declaration of state policy on environment and
utilization of natural resources.
43.21A.020 Purpose.
43.21A.030 Definitions.
43.21A.040 Department of ecology—Created.
43.21A.050 Department of ecology—Director—Appointment—Powers
and duties—Salary—Temporary appointment when
vacancy.
43.21A.061 Powers and duties—Reclamation.
43.21A.064 Powers and duties—Water resources.
43.21A.067 Water resources—"Basic data fund" created.
43.21A.068 Federal power act licensees—Exemption from state requirements.
43.21A.069 Powers and duties—Flood control.
43.21A.070 Application of administrative procedure act to the review of
decisions by director.
43.21A.080 Rule-making authority.
43.21A.085 Technical assistance officer and units—Coordination of
voluntary compliance with regulatory laws.
43.21A.087 Technical assistance officer and units—Authority to issue
orders or assess penalties.
43.21A.090 Powers, duties and functions transferred to department to be
performed by director—Delegation by director, limitations.
43.21A.100 Departmental administrative divisions—Deputy director,
duties—Assistant directors, duties—As exempt from
state civil service law—Salaries.
43.21A.120 Director to employ personnel—Application of state civil
service law.
43.21A.130 Studies—Limitations.
43.21A.140 Director to consult with department, state board of health.
43.21A.150 Director to consult with other states, federal government and
Canadian provinces—Authority to receive and disburse
grants, funds and gifts.
43.21A.155 Environmental excellence program agreements—Effect on
chapter.
43.21A.160 Request for certification of records as confidential—
Procedure.
43.21A.165 Environmental technology—Review of certification programs—Demonstration activities.
43.21A.175 Environmental certification programs—Fees—Rules—
Liability.
43.21A.230 Certification of environmental laboratories authorized—
Fees—Use of certified laboratories by persons submitting data or results to department.
43.21A.235 Exemption from laboratory certification and fee requirements.
(2002 Ed.)
Department of Ecology
43.21A.250 Pollution control hearings board of the state as affecting
department, director and commission.
43.21A.350 Master plan of development.
43.21A.355 Master plan of development—Public hearings.
43.21A.405 Marine pollution—Baseline study program—Legislative
finding and declaration.
43.21A.410 Marine pollution—Baseline study program established—
Utilization of related programs—Coordination—
Contracts.
43.21A.415 Marine pollution—Baseline study program—Scope of data
base produced.
43.21A.420 Marine pollution—Baseline study program—Priority factors.
43.21A.430 Catalytic converters in police, ambulance or emergency aid
vehicles—Department’s powers restricted in respect
thereto.
43.21A.440 Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.
43.21A.445 Departments authorized to participate in and administer
federal Safe Drinking Water Act—Agreements with
other departments.
43.21A.450 Control of outflow and level of Lake Osoyoos—Lake
Osoyoos International Water Control Structure authorized.
43.21A.470 Yakima enhancement project—Duties—Request for congressional authorization for pipeline.
43.21A.510 State environmental profile.
43.21A.515 Assistance to businesses interested in locating in Washington required—Information on environmental laws and
regulations to be provided.
43.21A.520 Environmental excellence awards program for products.
43.21A.600 Powers and duties—Electric power resources.
43.21A.605 Development of electric power resources—Cooperation with
governmental units.
43.21A.610 Steam electric generating plant—Study—Construction.
43.21A.612 Steam electric generating plant—Statement of intention—
Construction by public utility, operating agency, or the
department, procedure—Powers of director of community, trade, and economic development.
43.21A.614 Steam electric generating plant—Powers of director in constructing, operating and maintaining.
43.21A.616 Steam electric generating plant—Eminent domain.
43.21A.618 Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.
43.21A.620 Steam electric generating plant—Revenue bonds and warrants.
43.21A.622 Steam electric generating plant—Special funds—Payment of
bonds, interest.
43.21A.624 Steam electric generating plant—Considerations in issuance
of bonds, limitations.
43.21A.626 Steam electric generating plant—Resolution authorizing
issuance of bonds, contents, covenants.
43.21A.628 Steam electric generating plant—Sale of bonds.
43.21A.630 Steam electric generating plant—Examination, registration of
bonds by state auditor—Defects, irregularities.
43.21A.632 Steam electric generating plant—Rates or charges.
43.21A.634 Steam electric generating plant—Refunding revenue bonds.
43.21A.636 Steam electric generating plant—Signatures on bonds.
43.21A.638 Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.
43.21A.640 Steam electric generating plant—Bonds are legal security,
investment, negotiable.
43.21A.642 Steam electric generating plant—Director not authorized to
acquire other facilities or engage in retail distribution.
43.21A.650 Freshwater aquatic weeds account.
43.21A.660 Freshwater aquatic weeds management program.
43.21A.662 Freshwater aquatic weeds management program—Advisory
committee.
43.21A.670 Senior environmental corps—Department powers and duties.
43.21A.680 Solid waste plan advisory committee abolished.
43.21A.690 Cost-reimbursement agreements for complex projects.
43.21A.900 Chapter to be liberally construed.
43.21A.910 Savings—Permits, standards not affected—Severability—
Effective date—1970 ex.s. c 62.
(2002 Ed.)
Chapter 43.21A
Funding for radiation monitoring programs, department of ecology to seek:
RCW 70.98.122.
Metals mining and milling operations, department of ecology responsibilities: Chapter 78.56 RCW.
Minimum flows and levels—Departmental authority exclusive—Other
recommendations considered: RCW 90.03.247.
43.21A.005 Intent—Public involvement and outreach. See RCW 43.20A.005.
43.21A.010 Legislative declaration of state policy on
environment and utilization of natural resources. The
legislature recognizes and declares it to be the policy of this
state, that it is a fundamental and inalienable right of the
people of the state of Washington to live in a healthful and
pleasant environment and to benefit from the proper development and use of its natural resources. The legislature further
recognizes that as the population of our state grows, the need
to provide for our increasing industrial, agricultural, residential, social, recreational, economic and other needs will place
an increasing responsibility on all segments of our society to
plan, coordinate, restore and regulate the utilization of our
natural resources in a manner that will protect and conserve
our clean air, our pure and abundant waters, and the natural
beauty of the state. [1970 ex.s. c 62 § 1.]
Savings—Other powers and rights not affected—Permits,
standards, not affected—1970 ex.s. c 62: "The provisions of this act shall
not impair or supersede the powers or rights of any person, committee,
association, public, municipal or private corporations, state or local
governmental agency, federal agency, or political subdivision of the state of
Washington under any other law except as specifically provided herein.
Pollution control permits, water quality standards, air pollution permits, air
quality standards, and permits for disposal of solid waste materials of this
state are not changed hereby and the laws governing the same are to be
protected and preserved." [1970 ex.s. c 62 § 61.]
Effective date—1970 ex.s. c 62: "This 1970 amendatory act shall
take effect on July 1, 1970." [1970 ex.s. c 62 § 64.]
Severability—1970 ex.s. c 62: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances, shall not be affected." [1970 ex.s. c 62 § 65.]
43.21A.020 Purpose. In recognition of the responsibility of state government to carry out the policies set forth
in RCW 43.21A.010, it is the purpose of this chapter to
establish a single state agency with the authority to manage
and develop our air and water resources in an orderly,
efficient, and effective manner and to carry out a coordinated
program of pollution control involving these and related land
resources. To this end a department of ecology is created by
this chapter to undertake, in an integrated manner, the
various water regulation, management, planning and development programs now authorized to be performed by the
department of water resources and the water pollution
control commission, the air regulation and management
program now performed by the state air pollution control
board, the solid waste regulation and management program
authorized to be performed by state government as provided
by chapter 70.95 RCW, and such other environmental,
management protection and development programs as may
be authorized by the legislature. [1970 ex.s. c 62 § 2.]
43.21A.030 Definitions. As used in this chapter,
unless the context indicates otherwise:
[Title 43 RCW—page 119]
43.21A.030
Title 43 RCW: State Government—Executive
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology.
(3) "Commission" means the ecological commission.
[1970 ex.s. c 62 § 3.]
43.21A.040 Department of ecology—Created. There
is created a department of state government to be known as
the department of ecology. [1970 ex.s. c 62 § 4.]
43.21A.050 Department of ecology—Director—
Appointment—Powers and duties—Salary—Temporary
appointment when vacancy. The executive and administrative head of the department shall be the director. The
director shall be appointed by the governor with the consent
of the senate. He shall have complete charge of and
supervisory powers over the department. He shall be paid
a salary fixed by the governor in accordance with the
provisions of RCW 43.03.040. If a vacancy occurs in the
position of director while the senate is not in session, the
governor shall make a temporary appointment until the next
meeting of the senate at which time he shall present to that
body his nomination for the position. [1970 ex.s. c 62 § 5.]
43.21A.061 Powers and duties—Reclamation. The
department of ecology shall exercise all the powers and
perform all the duties prescribed by law with respect to the
reclamation and development of arid, swamp, overflow, and
logged-off lands in the state and such other duties as may be
prescribed by law. [1987 c 109 § 26; 1965 c 8 § 43.21.110.
Prior: 1921 c 7 § 70; RRS § 10828. Formerly RCW
43.21.110.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21A.064 Powers and duties—Water resources.
Subject to RCW 43.21A.068, the director of the department
of ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and
their appropriation, diversion, and use, and of the various
officers connected therewith;
(2) Insofar as may be necessary to assure safety to life
or property, the director shall inspect the construction of all
dams, canals, ditches, irrigation systems, hydraulic power
plants, and all other works, systems, and plants pertaining to
the use of water, and may require such necessary changes in
the construction or maintenance of said works, to be made
from time to time, as will reasonably secure safety to life
and property;
(3) The director shall regulate and control the diversion
of water in accordance with the rights thereto;
(4) The director shall determine the discharge of streams
and springs and other sources of water supply, and the
capacities of lakes and of reservoirs whose waters are being
or may be utilized for beneficial purposes;
(5) The director shall, if requested, provide assistance to
an applicant for a water right in obtaining or developing an
adequate and appropriate supply of water consistent with the
land use permitted for the area in which the water is to be
used and the population forecast for the area under RCW
43.62.035. If the applicant is a public water supply system,
[Title 43 RCW—page 120]
the supply being sought must be used in a manner consistent
with applicable land use, watershed and water system plans,
and the population forecast for that area provided under
RCW 43.62.035;
(6) The director shall keep such records as may be
necessary for the recording of the financial transactions and
statistical data thereof, and shall procure all necessary
documents, forms, and blanks. The director shall keep a seal
of the office, and all certificates covering any of the
director’s acts or the acts of the director’s office, or the
records and files of that office, under such seal, shall be
taken as evidence thereof in all courts;
(7) The director shall render when required by the
governor, a full written report of the office’s work with such
recommendations for legislation as the director deems
advisable for the better control and development of the water
resources of the state;
(8) The director and duly authorized deputies may
administer oaths;
(9) The director shall establish and promulgate rules
governing the administration of chapter 90.03 RCW;
(10) The director shall perform such other duties as may
be prescribed by law. [1997 c 443 § 2; 1995 c 8 § 3; 1977
c 75 § 46; 1965 c 8 § 43.21.130. Prior: 1961 c 19 § 1;
prior: (i) 1951 c 57 § 3; 1921 c 7 § 72; RRS § 10830. (ii)
1951 c 57 § 3; 1917 c 117 § 8; RRS § 7358. Formerly
RCW 43.21.130.]
Finding—Intent—1997 c 443: "The legislature finds that there is a
need for development of additional water resources to meet the forecasted
population growth in the state. It is the intent of chapter 443, Laws of 1997
to direct the responsible agencies to assist applicants seeking a safe and
reliable water source for their use. Providing this assistance for public
water supply systems can be accomplished through assistance in the creation
of municipal interties and transfers, additional storage capabilities, enhanced
conservation efforts, and added efficiency standards for using existing
supplies." [1997 c 443 § 1.]
Findings—1995 c 8: "The legislature finds and declares:
(1) The federal energy regulatory commission, under the federal power
act, licenses hydropower projects in navigable waters and regularly and
extensively inspects facilities for safety; and
(2) Nothing in this act alters or affects the department of ecology’s
authority to: (a) Participate in the federal process of licensing hydropower
projects; or (b) ensure that hydropower projects comply with federal statutes
such as the coastal zone management act and the clean water act and,
subject to RCW 43.21A.068, all applicable state law." [1995 c 8 § 1.]
Review of permit applications to divert and store water, water flow policy:
RCW 77.55.050.
Water power development, license fees: RCW 90.16.050, 90.16.060,
90.16.090.
43.21A.067 Water resources—"Basic data fund"
created. The director of ecology may create within his
department a fund to be known as the "basic data fund."
Into such fund shall be deposited all moneys contributed
by persons for stream flow, ground water and water quality
data or other hydrographic information furnished by the
department in cooperation with the United States geological
survey, and the fund shall be expended on a matching basis
with the United States geological survey for the purpose of
obtaining additional basic information needed for an intelligent inventory of water resources in the state.
Disbursements from the basic data fund shall be on
vouchers approved by the department and the district
engineer of the United States geological survey. [1987 c 109
§ 27; 1967 c 53 § 1; 1965 c 8 § 43.21.140. Prior: 1951 c
(2002 Ed.)
Department of Ecology
57 § 4; 1943 c 30 § 1; Rem. Supp. 1943 § 5505-1. Formerly RCW 43.21.140.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21A.068 Federal power act licensees—Exemption
from state requirements. (1) With respect to the safety of
any dam, canal, ditch, hydraulic power plant, reservoir,
project, or other work, system, or plant that requires a
license under the federal power act, no licensee shall be
required to:
(a) Submit proposals, plans, specifications, or other
documents for approval by the department;
(b) Seek a permit, license, or other form, permission, or
authorization from the department;
(c) Submit to inspection by the department; or
(d) Change the design, construction, modification,
maintenance, or operation of such facilities at the demand of
the department.
(2) For the purposes of this section, "licensee" means an
owner or operator, or any employee thereof, of a dam, canal,
ditch, hydraulic power plant, reservoir, project, or other
work, system, or plant that requires a license under the
federal power act. [1995 c 8 § 2.]
Findings—1995 c 8: See note following RCW 43.21A.064.
43.21A.069 Powers and duties—Flood control. The
department of ecology shall exercise all the powers and
perform all the duties prescribed by law with respect to flood
control. [1987 c 109 § 28; 1965 c 8 § 43.21.160. Prior:
1941 c 204 § 2, part; Rem. Supp. 1941 § 9663F-2, part.
Formerly RCW 43.21.160.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21A.070 Application of administrative procedure
act to the review of decisions by director. The administrative procedure act, chapter 34.05 RCW, shall apply to the
review of decisions by the director to the same extent as it
applied to decisions issued by the directors of the various
departments whose powers, duties and functions are transferred by chapter 62, Laws of 1970 ex. sess. to the department of ecology. The administrative procedure act shall
further apply to all other decisions of the director as in
chapter 34.05 RCW provided. [1970 ex.s. c 62 § 7.]
43.21A.080 Rule-making authority. The director of
the department of ecology is authorized to adopt such rules
and regulations as are necessary and appropriate to carry out
the provisions of this chapter: PROVIDED, That the director may not adopt rules after July 23, 1995, that are based
solely on a section of law stating a statute’s intent or
purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions,
for statutory authority to adopt the rule. [1995 c 403 § 103;
1970 ex.s. c 62 § 8.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
(2002 Ed.)
43.21A.067
43.21A.085 Technical assistance officer and units—
Coordination of voluntary compliance with regulatory
laws. The department, to the greatest extent possible, within
available resources and without jeopardizing the
department’s ability to carry out its legal responsibilities,
may designate one or more of its employees as a technical
assistance officer, and may organize the officers into one or
more technical assistance units within the department. The
duties of a technical assistance officer are to coordinate
voluntary compliance with the regulatory laws administered
by the department and to provide technical assistance
concerning compliance with the laws. [1992 c 19 § 1.]
43.21A.087 Technical assistance officer and units—
Authority to issue orders or assess penalties. (1) An
employee designated by the department as a technical
assistance officer or as a member of a technical assistance
unit may not, during the period of the designation, have
authority to issue orders or assess penalties on behalf of the
department. Such an employee who provides on-site consultation at an industrial or commercial facility and who
observes violations of the law shall inform the owner or
operator of the facility of the violations. On-site consultation
visits by such an employee may not be regarded as inspections or investigations and no notices or citations may be
issued or civil penalties assessed during such a visit.
However, violations of the law must be reported to the
appropriate officers within the department. If the owner or
operator of the facility does not correct the observed violations within a reasonable time, the department may
reinspect the facility and take appropriate enforcement
action. If a technical assistance officer or member of a
technical assistance unit observes a violation of the law that
places a person in danger of death or substantial bodily
harm, or has caused or is likely to cause physical damage to
the property of others in an amount exceeding one thousand
dollars, the department may initiate enforcement action
immediately upon observing the violation.
(2) The state, the department, and officers or employees
of the state shall not be liable for damages to a person to the
extent that liability is asserted to arise from the performance
by technical assistance officers of their duties, or if liability
is asserted to arise from the failure of the department to
supply technical assistance. [1992 c 19 § 2.]
43.21A.090 Powers, duties and functions transferred to department to be performed by director—
Delegation by director, limitations. All powers, duties and
functions transferred to the department by the terms of
chapter 62, Laws of 1970 ex. sess. shall be performed by the
director: PROVIDED, That the director may delegate, by
appropriate rule or regulation, the performance of such of his
powers, duties, and functions, other than those relating to the
adoption, amendment or rescission of rules and regulations,
to employees of the department whenever it appears desirable in fulfilling the policy and purposes of this chapter.
[1970 ex.s. c 62 § 9.]
43.21A.100 Departmental administrative divisions—
Deputy director, duties—Assistant directors, duties—As
exempt from state civil service law—Salaries. In order to
[Title 43 RCW—page 121]
43.21A.100
Title 43 RCW: State Government—Executive
obtain maximum efficiency and effectiveness within the department, the director may create such administrative
divisions within the department as he deems necessary. The
director shall appoint a deputy director as well as such
assistant directors as shall be needed to administer the
several divisions within the department. The deputy director
shall have charge and general supervision of the department
in the absence or disability of the director. In the case of a
vacancy in the office of director, the deputy director shall
administer the department until the governor appoints a
successor to the director or an acting director. The officers
appointed under this section and exempt from the provisions
of the state civil service law as provided in RCW 41.06.073,
shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of
salaries for officers exempt from the operation of the state
civil service law. [1970 ex.s. c 62 § 10.]
43.21A.120 Director to employ personnel—
Application of state civil service law. The director shall
have the power to employ such personnel as may be necessary for the general administration of this chapter: PROVIDED, That except as specified in RCW 41.06.073, such
employment shall be in accordance with the rules of the state
civil service law, chapter 41.06 RCW. [1970 ex.s. c 62 §
12.]
that those agencies concerned with the preservation of life
and health may integrate their efforts to the fullest extent
possible and endorse policies in common. [1979 c 141 § 67;
1970 ex.s. c 62 § 14.]
43.21A.150 Director to consult with other states,
federal government and Canadian provinces—Authority
to receive and disburse grants, funds and gifts. The director, whenever it is lawful and feasible to do so, shall
consult and cooperate with the federal government, as well
as with other states and Canadian provinces, in the study and
control of environmental problems. On behalf of the
department, the director is authorized to accept, receive,
disburse, and administer grants or other funds or gifts from
any source, including private individuals or agencies, the
federal government, and other public agencies, for the
purpose of carrying out the provisions of this chapter. [1970
ex.s. c 62 § 15.]
43.21A.155 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 20.]
Purpose—1997 c 381: See RCW 43.21K.005.
43.21A.130 Studies—Limitations. (1) In addition to
any other powers granted the director, the director may
undertake studies dealing with all aspects of environmental
problems involving land, water, or air; however, in the
absence of specific legislative authority, such studies shall be
limited to investigations of particular problems, and shall not
be implemented by positive action.
(2)(a) Any studies conducted by the department to
establish the total maximum daily load of a water body
under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed
planning group established in chapter 90.82 RCW, the local
governments whose jurisdictions are within the affected
watershed, and any affected or concerned citizen who
notifies the department of his or her interest in participating.
Technical or procedural disputes or disagreements that arise
during the participation and comment process may be
presented to the director for review. The director shall
conduct a review of the disputed items and issue written
findings and conclusions to all interested participants.
(b) If a study conducted on the total maximum daily
load of a water body may affect a new or renewed national
pollution discharge elimination permit under chapter 90.48
RCW, the department must disclose prior to the finalization
of the study the precision and accuracy of data collected,
computer models developed, and assumptions used. [2002
c 364 § 1; 1987 c 505 § 28; 1980 c 87 § 22; 1970 ex.s. c 62
§ 13.]
43.21A.140 Director to consult with department,
state board of health. The director in carrying out his
powers and duties under this chapter shall consult with the
department of social and health services and the state board
of health, or their successors, insofar as necessary to assure
[Title 43 RCW—page 122]
43.21A.160 Request for certification of records as
confidential—Procedure. Whenever any records or other
information furnished under the authority of this chapter to
the director, the department, or any division of the department, relate to the processes of production unique to the
owner or operator thereof, or may affect adversely the
competitive position of such owner or operator if released to
the public or to a competitor, the owner or operator of such
processes or production may so certify, and request that such
information or records be made available only for the
confidential use of the director, the department, or the
appropriate division of the department. The director shall
give consideration to the request, and if such action would
not be detrimental to the public interest and is otherwise
within accord with the policies and purposes of this chapter,
may grant the same. [1970 ex.s. c 62 § 16.]
43.21A.165 Environmental technology—Review of
certification programs—Demonstration activities. (1) The
legislature finds that:
(a) New and innovative environmental technologies can
help improve environmental quality at lower costs;
(b) Current regulatory processes often include permits
or approvals that require applicants to duplicate costly
technical analysis;
(c) The commercialization of innovative environmental
technologies can be discouraged due to the costs of repeated
environmental analysis;
(d) The regulatory process can be improved by sharing
and relying on information generated through demonstration
projects and technical certification programs; and
(e) Other states have developed programs to certify
environmental technologies in order to streamline the
(2002 Ed.)
Department of Ecology
permitting process and to encourage use of environmental
technologies.
(2) The legislature therefore declares that the department
shall:
(a) Review environmental technology certification
programs established by other states or federal agencies, and
enter into agreements to use the information from these
programs if the department finds that this information will
improve the efficiency and effectiveness of the state’s
environmental regulatory process; and
(b) Participate in technology demonstration activities
that support the state’s needs for environmental technology.
[1997 c 419 § 1.]
43.21A.175 Environmental certification programs—
Fees—Rules—Liability. (1) At the request of a project
proponent, the department shall consider information developed through a certification program when making permit or
other regulatory decisions. The department may not require
duplicative demonstration of such information, but may
require additional information as necessary to assure that
state requirements are met. A local government that has a
regulatory authority delegated by the department may use
information developed through a certification program when
making permit or other regulatory decisions.
(2) The department shall develop a certification program
for technologies for remediation of radioactive and mixed
waste, as those terms are defined in chapter 70.105 RCW, if
all program development and operational costs are paid by
the federal government or persons seeking certification of the
technologies.
(3) Following the development of the certification
program in subsection (2) of this section, the department
may use the policies and procedures of that program on a
pilot basis to evaluate the use of certification for site
remediation technologies and other environmental technologies, if the operational costs of the certification are paid by
the federal government or persons seeking certification of
such technologies.
(4) The department shall charge a reasonable fee to
recover the operational costs of certifying a technology.
(5) Subsections (1), (3), and (4) of this section apply to
permit and other regulatory decisions made under the
following: Chapters 70.94, 70.95, 70.105, 70.105D, 70.120,
70.138, 90.48, 90.54, and 90.56 RCW.
(6) For the purposes of this section, "certification
program" means a program, developed or approved by the
department, to certify the quantitative performance of an
environmental technology over a specified range of parameters and conditions. Certification of a technology does not
imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology.
(7) The department may adopt rules as necessary to
implement the requirements of subsections (2) and (3) of this
section, and establish requirements and procedures for
evaluation and certification of environmental technologies.
(8) The state, the department, and officers and employees of the state shall not be liable for damages resulting from
the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the
(2002 Ed.)
43.21A.165
department under this section are not decisions reviewable
under RCW 43.21B.110. [1997 c 419 § 2.]
43.21A.230 Certification of environmental laboratories authorized—Fees—Use of certified laboratories by
persons submitting data or results to department. The
director of ecology may certify environmental laboratories
which conduct tests or prepare data for submittal to the
department. Fees for certification may be charged by the
department to cover the department’s costs. Such certification may consider:
(1) Evaluating protocols and procedures;
(2) Determining the accuracy and reliability of test
results, including internal quality assurance and quality
control procedures and proficiency at analyzing test samples
supplied by the department;
(3) Certifying laboratories based on prior certification
by another state or federal agency whose certification
requirements are deemed satisfactory by the director; and
(4) Such other factors as the director considers appropriate.
The director of ecology may require that any person
submitting laboratory data or test results to the department
use laboratories certified by the department or laboratories
which participate in quality assurance programs administered
by the federal environmental protection agency.
Persons receiving a federal permit for wastewater
discharge who operate a lab solely for their own use and
who require certification for only conventional pollutants
shall not be charged an annual certification fee in excess of
the actual costs of providing the certification or four thousand dollars, whichever is less. Conventional pollutants as
used in this subsection means those conventional pollutants
regulated under the federal clean water act (33 U.S.C. Sec.
1314).
Fees and lab quality control requirements for persons
receiving state or federal wastewater discharge permits shall
not be implemented before September 30, 1988. The
department shall not duplicate any laboratory quality control
requirements imposed by the United States environmental
protection agency. [1987 c 481 § 1.]
43.21A.235 Exemption from laboratory certification
and fee requirements. Laboratories owned by persons
holding wastewater discharge permits and operated solely for
their own use which participate in quality assurance programs administered by the federal environmental protection
agency shall be exempt from certification and fee requirements for the specific methods and tests which are the
subject of such quality assurance programs. [1987 c 481 §
2.]
43.21A.250 Pollution control hearings board of the
state as affecting department, director and commission.
See chapter 43.21B RCW.
43.21A.350 Master plan of development. The
department of ecology shall prepare and perfect from time to
time a state master plan for flood control, state public
reservations, financed in whole or in part from moneys
collected by the state, sites for state public buildings and for
[Title 43 RCW—page 123]
43.21A.350
Title 43 RCW: State Government—Executive
the orderly development of the natural and agricultural
resources of the state. The plan shall address how the
department will expedite the completion of industrial projects
of statewide significance. The plan shall be a guide in
making recommendations to the officers, boards, commissions, and departments of the state.
Whenever an improvement is proposed to be established
by the state, the state agency having charge of the establishment thereof shall request of the director a report thereon,
which shall be furnished within a reasonable time thereafter.
In case an improvement is not established in conformity with
the report, the state agency having charge of the establishment thereof shall file in its office and with the department
a statement setting forth its reasons for rejecting or varying
from such report which shall be open to public inspection.
The department shall insofar as possible secure the
cooperation of adjacent states, and of counties and municipalities within the state in the coordination of their proposed
improvements with such master plan. [1997 c 369 § 6; 1987
c 109 § 29; 1965 c 8 § 43.21.190. Prior: 1957 c 215 § 22;
1933 ex.s. c 54 § 3; RRS § 10930-3. Formerly RCW
43.21.190.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Industrial project of statewide significance—Defined: RCW 43.157.010.
43.21A.355 Master plan of development—Public
hearings. The director may hold public hearings, in
connection with any duty prescribed in RCW 43.21A.350
and may compel the attendance of witnesses and the production of evidence. [1988 c 127 § 7; 1965 c 8 § 43.21.200.
Prior: 1957 c 215 § 23; 1933 ex.s. c 54 § 4; RRS § 109304. Formerly RCW 43.21.200.]
43.21A.405 Marine pollution—Baseline study
program—Legislative finding and declaration. The legislature recognizes that there exists a great risk of potential
damage from oil pollution of the waters of the state of
Washington and further declares that immediate steps must
be undertaken to reduce this risk. The legislature also is
aware that such danger is expected to increase in future
years in proportion to the increase in the size and cargo
capacity of ships, barges, and other waterborne carriers, the
construction and operational characteristics of these carriers,
the density of waterborne traffic, and the need for a greater
supply of petroleum products.
A program of systematic baseline studies to be conducted by the department of ecology has been recognized as a
vital part of the efforts to reduce the risk of oil pollution of
marine waters, and the legislature recognizes that many
factors combine to make this effort one of considerable
magnitude and difficulty. The marine shoreline of the state
is about two thousand seven hundred miles long, a greater
length than the combined coastlines of Oregon and California. There are some three million acres of submerged land
and more than three hundred islands in these marine waters.
The average depth of Puget Sound is two hundred twenty
feet. There is a great diversity of animal life in the waters
of the state. These waters have a multitude of uses by both
humans and nonhumans, and the interaction between man’s
[Title 43 RCW—page 124]
activities and natural processes in these waters varies greatly
with locale. [1973 2nd ex.s. c 30 § 1.]
Oil and hazardous substances pollution: RCW 90.56.010 through
90.56.280.
43.21A.410 Marine pollution—Baseline study
program established—Utilization of related programs—
Coordination—Contracts. As part of the state effort to
prevent and control oil pollution, a continuing, comprehensive program of systematic baseline studies for the waters of
the state shall be established by the department of ecology.
Full utilization of related historical data shall be made in
planning these studies. Data from these and other scientific
investigations made pursuant to RCW 43.21A.405 through
43.21A.420 should, whenever possible, have multiple use,
including use as supporting evidence of environmental
damage resulting from oil pollution, as indicators of the
potential or existing risks and impacts of oil pollution, as
aids to developing a methodology for implementing the
reduction of risks, and as aids to maintaining water quality
standards.
A baseline study program shall take full advantage of
the data and information produced by related programs, such
as the marine ecosystems analysis (MESA) program of the
national oceanic and atmospheric administration, studies and
inventories made pursuant to the state shorelines management act of 1971, and others. All phases of the program,
including planning, operations, data analysis, interpretation,
storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent with appropriate governmental, academic, and industrial organizations. Whenever
possible, the department shall contract with existing state
agencies, boards, commissions, and institutions of higher
education for the scientific investigation programs to be conducted. [1973 2nd ex.s. c 30 § 2.]
43.21A.415 Marine pollution—Baseline study
program—Scope of data base produced. The data base
produced by such studies should include chemical, physical,
and biological parameters of the waters, complete information on marine pollution accidents, and an economic evaluation of the marine resources and shoreline properties that
may be damaged or impaired by oil pollution. Where
oceanographic and water quality instrumentation is used to
gather data, such instruments shall be standardized and
intercalibrated. [1973 2nd ex.s. c 30 § 3.]
43.21A.420 Marine pollution—Baseline study
program—Priority factors. In planning the state baseline
studies program, priority shall be given to those waters (1)
in which the greatest risk of damage from oil spills exists;
(2) which contain marine and fresh water life that is particularly sensitive to toxins contained in crude oil, oil products,
and oil wastes; and (3) which are used or may be used for
the harvesting, gathering, or production of food or food
products. [1973 2nd ex.s. c 30 § 4.]
43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles—Department’s powers
restricted in respect thereto. The department of ecology
may not adopt, maintain in effect, or enforce any rule
(2002 Ed.)
Department of Ecology
requiring the installation or maintenance of a catalytic
converter in the exhaust system of any motor vehicle used as
a police vehicle, or ambulance, an emergency aid vehicle, or
a fire department vehicle, and any catalytic converter in the
exhaust system of any such vehicle may be lawfully removed. [1977 ex.s. c 264 § 1.]
43.21A.440 Department authorized to participate in
and administer federal Comprehensive Environmental
Response, Compensation and Liability Act. The department of ecology is authorized to participate fully in and is
empowered to administer all programs of the federal Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601 et seq.), as it exists on July
24, 1983, contemplated for state participation and administration under that act. [1983 c 270 § 3.]
Severability—1983 c 270: See note following RCW 90.48.260.
43.21A.445 Departments authorized to participate
in and administer federal Safe Drinking Water Act—
Agreements with other departments. The department of
ecology, the department of natural resources, the department
of health, and the *oil and gas conservation committee are
authorized to participate fully in and are empowered to
administer all programs of Part C of the federal Safe
Drinking Water Act (42 U.S.C. Sec. 300h et seq.), as it
exists on June 19, 1986, contemplated for state participation
in administration under the act.
The department of ecology, in the implementation of
powers provided herein shall enter into agreements of
administration with the departments of health and natural
resources and the *oil and gas conservation committee to
administer those portions of the state program, approved
under the federal act, over which the said departments and
committee have primary subject-matter authority under
existing state law. The departments of health and natural resources and the *oil and gas conservation committee are
empowered to enter into such agreements and perform the
administration contained therein. [1989 1st ex.s. c 9 § 218;
1988 c 279 § 1; 1983 c 270 § 4.]
*Reviser’s note: The duties of the oil and gas conservation
committee were transferred to the department of natural resources by 1994
sp.s. c 9.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1983 c 270: See note following RCW 90.48.260.
Adoption of rules for on-site sewage disposal systems adjacent to marine
waters: RCW 90.48.264.
Drinking water quality consumer complaints: RCW 80.04.110.
43.21A.450 Control of outflow and level of Lake
Osoyoos—Lake Osoyoos International Water Control
Structure authorized. (1) The legislature recognizes the
need for the state of Washington to implement an understanding reached with the Province of British Columbia in
relation to a joint venture with British Columbia for controlling the outflow and level of Lake Osoyoos, an international
lake, and in connection therewith to replace an existing lake
control structure on the Okanogan river in Washington state
which has been classified as deteriorated and unsafe.
(2002 Ed.)
43.21A.430
(2) For the purpose of implementing subsection (1) of
this section, the department of ecology may acquire, design,
construct, own, operate, and maintain a project to be known
as the Lake Osoyoos International Water Control Structure
and may acquire all real property interests necessary thereto
by purchase, grant, gift, or eminent domain; provided that
the authority of eminent domain as granted to the department
under this section is limited to acquiring property necessary
for access to the control structure, location of abutments for
the control structure, and flowage easements if necessary.
(3) The department may accept and administer grants or
gifts from any source for the purpose of carrying out
subsection (2) of this section.
(4) The department may exercise its powers under
subsection (2) of this section directly or through contracts,
except that it may not delegate its authority of eminent
domain. The department may also enter into agreements
with any public or municipal corporation with respect to
operation and maintenance of the project authorized under
subsection (2) of this section. [1985 c 27 § 1; 1982 c 76 §
1.]
Intent—1985 c 27; 1982 c 76: "It is the intent of this legislature in
enacting RCW 43.21A.450 that total capital costs for the said project be
shared equally by Washington state and British Columbia." [1985 c 27 §
2; 1982 c 76 § 2.]
43.21A.470 Yakima enhancement project—Duties—
Request for congressional authorization for pipeline. (1)
The director of the department of ecology shall:
(a) Continue to participate with the federal government
in its studies of the Yakima enhancement project and of
options for future development of the second half of the
Columbia Basin project;
(b) Vigorously represent the state’s interest in said
studies, particularly as they relate to protection of existing
water rights and resolution of conflicts in the adjudication of
the Yakima river within the framework of state water rights
law and propose means of resolving the conflict that minimize adverse effects on the various existing uses;
(c) As a cooperative federal and nonfederal effort, work
with members of the congressional delegation to identify and
advance, subject to the limitations in subsection (2) of this
section, for federal authorization elements of the Yakima
enhancement project which: Have general public support
and acceptable cost-sharing arrangements, meet study
objectives, and otherwise have potential for early implementation; and
(d) In developing acceptable cost-sharing arrangements,
request federal recognition of state credit for expenditures of
moneys from Washington state utility ratepayers.
(2) In the interest of promoting cooperation between all
interested parties and to effectuate the efficient and satisfactory implementation of the Yakima enhancement project, the
state requests that Congress authorize the construction of a
pipeline between Keechelus Lake and Kachess Lake as one
of the elements of early implementation of the Yakima
enhancement project for the purpose of supplying the water
which is demanded for and caused by the operation of the
fish passage facilities at the Easton Dam. The department,
in concert with other state agencies, shall work diligently to
assure that the pipeline element is included in the federal
legislation. [1987 c 517 § 1; 1986 c 316 § 3.]
[Title 43 RCW—page 125]
43.21A.510
Title 43 RCW: State Government—Executive
43.21A.510 State environmental profile. In order to
assist the department of community, trade, and economic
development in providing information to businesses interested in locating in Washington state, the department shall
develop an environmental profile of the state. This profile
shall identify the state’s natural resources and describe how
these assets are valuable to industry. Examples of information to be included are water resources and quality, air
quality, and recreational opportunities related to natural
resources. [1995 c 399 § 66; 1985 c 466 § 51; 1984 c 94 §
2.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Findings—1984 c 94: "The legislature finds (1) that a locality’s
natural environment is an important factor in determining where new
businesses will locate, (2) that environmental regulations that preserve the
quality of the environment can enhance economic development and the
determination by new businesses where to locate and can lead to the
creation of jobs and new industries, and (3) that some areas of the state
have been and might be handicapped in their economic development efforts
because of perceived environmental problems. Thus, the legislature declares
that it is the policy of this state to recognize and emphasize the importance
of the state’s natural environment in its economic development efforts in
attracting and maintaining businesses." [1984 c 94 § 1.]
43.21A.515 Assistance to businesses interested in
locating in Washington required—Information on
environmental laws and regulations to be provided. In
order to emphasize the importance of the state’s environmental laws and regulations and to facilitate compliance with
them, the department of ecology shall provide assistance to
businesses interested in locating in Washington state. When
the department of community, trade, and economic development receives a query from an interested business through its
industrial marketing activities, it shall arrange for the
department of ecology to provide information on the state’s
environmental laws and regulations and methods of compliance. This section shall facilitate compliance with state
environmental laws and regulations and shall not weaken
their application or effectiveness. [1995 c 399 § 67; 1985 c
466 § 52; 1984 c 94 § 3.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Findings—1984 c 94: See note following RCW 43.21A.510.
43.21A.520 Environmental excellence awards
program for products. (1) The department of ecology shall
develop and implement an environmental excellence awards
program that recognizes products that are produced, labeled,
or packaged in a manner that helps ensure environmental
protection. The award shall be in recognition of products
that are made from recycled materials, easy to recycle,
substitute for more hazardous products, or otherwise help
protect the environment. Application for the award shall be
voluntary. The awards may be made in a variety of product
categories including, but not limited to:
(a) Paint products;
(b) Cleaning products;
(c) Pest control products;
(d) Automotive, marine, and related maintenance
products;
(e) Hobby and recreation products; and
[Title 43 RCW—page 126]
(f) Any other product available for retail or wholesale
sale.
(2) The state solid waste advisory committee shall
establish an environmental excellence product award subcommittee to develop and recommend criteria for awarding
environmental excellence awards for products. The subcommittee shall also review award applications and make
recommendations to the department. The subcommittee shall
consist of equal representation of: (a) Product manufacturing
or other business representatives; (b) environmental representatives; (c) labor or consumer representatives; and (d)
independent technical experts. Members of the subcommittee need not necessarily be regular members of the state
solid waste advisory committee.
(3) Products receiving an environmental excellence
award pursuant to this section shall be entitled to display a
logo or other symbol developed by the department to signify
the award. Awards shall be given each year to as many
products as qualify. The award logo may be displayed for
a period to be determined by the department. [1989 c 431
§ 47; 1987 c 67 § 1.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.21A.600 Powers and duties—Electric power
resources. The department shall make studies and surveys,
collect, compile and disseminate information and statistics to
facilitate development of the electric power resources of the
state by public utility districts, municipalities, electric
cooperatives, joint operating agencies and public utility
companies. The director may cause studies to be made
relating to the construction of steam generating plants using
any available fuel and their integration with hydro-electric
facilities. He may cause designs for any such plant to be
prepared. He shall employ such engineers and other experts
and assistants as may be necessary to carry out his power
resources functions. [1988 c 127 § 8; 1965 c 8 § 43.21.220.
Prior: 1957 c 284 § 2. Formerly RCW 43.21.220.]
Joint operating agencies: Chapter 43.52 RCW.
43.21A.605 Development of electric power resources—Cooperation with governmental units. The director
may represent the state and aid and assist the public utilities
therein to the end that its resources shall be properly
developed in the public interest insofar as they affect electric
power and to this end he shall cooperate and may negotiate
with Canada, the United States, the states thereof and their
agencies to develop and integrate the resources of the region.
[1988 c 127 § 9; 1965 c 8 § 43.21.230. Prior: 1957 c 284
§ 3. Formerly RCW 43.21.230.]
43.21A.610 Steam electric generating plant—
Study—Construction. The director shall continue the study
of the state power commission made in 1956 relating to the
construction of a steam power electric generating plant, and
if the construction of a steam electric generating plant is
found to be feasible by the director, the director may construct such plant at a site determined by him to be feasible
and operate it as a state owned facility. [1988 c 127 § 10;
1965 c 8 § 43.21.250. Prior: 1957 c 275 § 3. Formerly
RCW 43.21.250]
(2002 Ed.)
Department of Ecology
43.21A.612 Steam electric generating plant—
Statement of intention—Construction by public utility,
operating agency, or the department, procedure—Powers
of director of community, trade, and economic development. Before the director shall construct said steam
generating facility within the state, or make application for
any permit, license or other right necessary thereto, the
director shall give notice thereof by publishing once a week
for four consecutive weeks in a newspaper of general
circulation in the county or counties in which such project is
located a statement of intention setting forth the general
nature, extent and location of the project. If any public
utility in the state or any operating agency desires to
construct such facility, such utility or operating agency shall
notify the director thereof within ten days after the last date
of publication of such notice. If the director determines that
it is in the best public interest that the director proceed with
such construction rather than the public utility or operating
agency, the director shall so notify the director of community, trade, and economic development, who shall set a date
for hearing thereon. If after considering the evidence
introduced the director of community, trade, and economic
development finds that the public utility or operating agency
making the request intends to immediately proceed with such
construction and is financially capable of carrying out such
construction and further finds that the plan of such utility or
operating agency is equally well adapted to serve the public
interest, the director shall enter an order so finding and such
order shall divest the director of authority to proceed further
with such construction or acquisition until such time as the
other public utility or agency voluntarily causes an assignment of its right or interest in the project to the director or
fails to procure any further required governmental permit,
license or authority or having procured such, has the same
revoked or withdrawn, in accordance with the laws and
regulations of such governmental entity, in which event the
director shall have the same authority to proceed as though
the director had originally entered an order so authorizing
the director to proceed. If, after considering the evidence
introduced, the director of community, trade, and economic
development finds that the public utility or agency making
the request does not intend to immediately proceed with such
construction or acquisition or is not financially capable of
carrying out such construction or acquisition, or finds that
the plan of such utility or operating agency is not equally
well adapted to serve the public interest, the director shall
then enter an order so finding and authorizing the director to
proceed with the construction or acquisition of the facility.
[1995 c 399 § 68; 1988 c 127 § 11; 1985 c 466 § 49; 1965
c 8 § 43.21.260. Prior: 1957 c 275 § 4. Formerly RCW
43.21.260.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.21A.614 Steam electric generating plant—Powers
of director in constructing, operating and maintaining.
In order to construct, operate and maintain the single steam
power electric generating plant provided for in RCW
43.21A.610 the director shall have authority:
(1) To generate, produce, transmit, deliver, exchange,
purchase or sell electric energy and to enter into contracts
for any or all such purposes.
(2002 Ed.)
43.21A.612
(2) To construct, condemn, purchase, lease, acquire, add
to, extend, maintain, improve, operate, develop and regulate
such steam electric power plant, work and facilities for the
generation and/or transmission of electric energy and to take,
condemn, purchase, lease and acquire any real or personal,
public or private property, franchise and property rights,
including but not limited to state, county and school lands
and properties, for any of the purposes herein set forth and
for any facilities or works necessary or convenient for use in
the construction, maintenance or operation of such work,
plant and facilities; providing that the director shall not be
authorized to acquire by condemnation any plant, work and
facility owned and operated by any city or district, or by a
privately owned public utility.
(3) To apply to the appropriate agencies of the state of
Washington, the United States or any state thereof, or to any
other proper agency for such permits, licenses or approvals
as may be necessary, and to construct, maintain and operate
facilities in accordance with such licenses or permits, and to
obtain, hold and use such licenses and permits in the same
manner as any other person or operating unit.
(4) To establish rates for electric energy sold or transmitted by the director. When any revenue bonds or warrants
are outstanding the director shall have the power and shall
be required to establish and maintain and collect rates or
charges for electric energy furnished or supplied by the
director which shall be fair and nondiscriminatory and
adequate to provide revenues sufficient for the payment of
the principal and interest on such bonds or warrants and all
payments which the director is obligated to set aside in any
special fund or funds created for such purposes, and for the
proper operation and maintenance of the public utility owned
by the director and all necessary repairs, replacements and
renewals thereof.
(5) To employ legal, engineering and other professional
services and fix the compensation of a managing director
and such other employees as the director may deem necessary to carry on its business, and to delegate to such manager or other employees such authority as the director shall
determine. Such manager and employees shall be appointed
for an indefinite time and be removable at the will of the
director. [1988 c 127 § 12; 1965 c 8 § 43.21.270. Prior:
1957 c 275 § 5. Formerly RCW 43.21.270.]
43.21A.616 Steam electric generating plant—
Eminent domain. For the purpose of carrying out any or
all of the powers herein granted the director shall have the
power of eminent domain for the acquisition of either real or
personal property used or useful in connection with the
construction of facilities authorized hereunder. Actions in
eminent domain pursuant to RCW 43.21A.610 through
43.21A.642 shall be brought in the name of the state in any
court of competent jurisdiction under the procedure set out
in chapter 8.04 RCW. The director may institute condemnation proceedings in the superior court of any county in which
any of the property sought to be condemned is located or in
which the owner thereof does business, and the court in any
such action shall have jurisdiction to condemn property
wherever located within the state. It shall not be necessary
to allege or prove any offer to purchase or inability to agree
with the owners thereof for the purchase of any such
[Title 43 RCW—page 127]
43.21A.616
Title 43 RCW: State Government—Executive
property in said proceedings. Upon the filing of a petition
for condemnation, as provided in this section, the court may
issue an order restraining the removal from the jurisdiction
of the state of any personal property sought to be acquired
by the proceedings during the pendency thereof. The court
shall further have the power to issue such orders or process
as shall be necessary to place the director into possession of
any property condemned. [1988 c 127 § 13; 1965 c 8 §
43.21.280. Prior: 1957 c 275 § 6. Formerly RCW
43.21.280.]
43.21A.618 Steam electric generating plant—State
not financially obligated—Separation and expenditure of
funds. The director shall have no right or power to impose
any debt nor to suffer or create any financial obligation upon
the state of Washington or its subdivisions in the execution
of RCW 43.21A.610 through 43.21A.642.
No revenues received by the director for the sale of
electricity or otherwise, shall be expended except for the
payment of lawful obligations of the director and all such
revenues and receipts shall be kept and maintained in a
separate fund. [1988 c 127 § 14; 1965 c 8 § 43.21.290.
Prior: 1957 c 275 § 7. Formerly RCW 43.21.290.]
43.21A.620 Steam electric generating plant—
Revenue bonds and warrants. For the purposes provided
for in RCW 43.21A.610 through 43.21A.642, the state
finance committee shall, upon being notified to do so by the
director, issue revenue bonds or warrants payable from the
revenues from the steam electric plant provided for in RCW
43.21A.610. When the director deems it advisable that he
acquire or construct said steam electric plant or make
additions or betterments thereto, he shall so notify the state
finance committee and he shall also notify the state finance
committee as to the plan proposed, together with the estimated cost thereof. The state finance committee, upon
receiving such notice, shall provide for the construction
thereof and the issuance of revenue bonds or warrants
therefor by a resolution which shall specify and adopt the
system or plan proposed, and declare the estimated cost
thereof, as nearly as may be, including as part of the cost,
funds necessary for working capital for the operation of such
utility and the payment of the expenses incurred in the
acquisition or construction thereof. Such resolution shall
specify that utility revenue bonds are to be issued to defray
the cost thereof and the amount of such bonds to be issued.
Bonds issued under the provisions of RCW 43.21A.610
through 43.21A.642 shall distinctly state that they are not a
general obligation of the state. [1988 c 127 § 15; 1965 c 8
§ 43.21.300. Prior: 1957 c 275 § 8. Formerly RCW
43.21.300.]
43.21A.622 Steam electric generating plant—Special
funds—Payment of bonds, interest. When the state
finance committee issues revenue bonds as provided in RCW
43.21A.620, it shall, as a part of the plan and system,
request the state treasurer to establish a special fund or funds
to defray the cost of the steam electric utility, or additions or
betterments thereto or extensions thereof. The state finance
committee may obligate and bind the director to set aside
and pay to the state treasurer for deposit into such fund or
[Title 43 RCW—page 128]
funds a fixed proportion of the gross revenue of the steam
electric utility and all additions or betterments thereto or
extensions thereof, or any fixed amount out of, and not
exceeding the fixed proportion of such revenue, or a fixed
amount without regard to any fixed proportion, or an amount
of the revenue equal to a fixed percentage of the aggregate
principal amount of revenue bonds at any time issued against
the special fund or funds. It may issue and sell utility bonds
payable as to both principal and interest only out of such
fund or funds.
The revenue bonds shall be payable at such places and
times, both as to principal and interest, and bear interest at
such rates payable semiannually as the state finance committee shall determine. [1988 c 127 § 16; 1965 c 8 §
43.21.310. Prior: 1957 c 275 § 9. Formerly RCW
43.21.310.]
43.21A.624 Steam electric generating plant—
Considerations in issuance of bonds, limitations. In the
issuance of any bonds hereunder the state finance committee
shall have due regard to the cost of operation and maintenance of the steam electric utility as acquired, constructed or
added to, and to any proportion or amount of the revenue
previously pledged as a fund for the payment of revenue
bonds. It shall not require to be set aside into the fund a
greater amount or proportion of the revenue than in its
judgment and as agreed to by the director will be available
over and above the cost of maintenance and operation and
any amount or proportion of the revenue so previously
pledged. Revenue bonds and interest thereon issued against
such fund shall be a valid claim of the holder thereof only
as against the fund and the proportion or amount of the
revenue pledged thereto, but shall constitute a prior charge
over all other charges or claims whatsoever against the fund
and the proportion or amount of the revenues pledged
thereto. Each revenue bond shall state on its face that it is
payable from a special fund, naming the fund and the
resolution creating it. [1988 c 127 § 17; 1965 c 8 §
43.21.320. Prior: 1957 c 275 § 10. Formerly RCW
43.21.320.]
43.21A.626 Steam electric generating plant—
Resolution authorizing issuance of bonds, contents,
covenants. The resolution of the state finance committee
authorizing the issuance of revenue bonds shall specify the
title of the bonds as determined by the state finance committee, and may contain covenants by the committee to protect
and safeguard the security and the rights of the holders
thereof, including covenants as to, among other things:
(1) The purpose or purposes to which the proceeds of
the sale of the revenue bonds may be applied and the use
and disposition thereof;
(2) The use and disposition of the gross revenue of the
steam electric utility and any additions or betterments thereto
or extensions thereof, the cost of which is to be defrayed
with such proceeds, including the creation and maintenance
of funds for working capital to be used in the operation of
the steam electric utility and for renewals and replacements
thereof;
(3) The amount, if any, of additional revenue bonds
payable from such fund which may be issued and the terms
(2002 Ed.)
Department of Ecology
and conditions on which such additional revenue bonds or
warrants may be issued;
(4) The establishment and maintenance of adequate rates
and charges for electric power and energy and other services,
facilities, and commodities, sold, furnished or supplied by
the steam electric utility;
(5) The operation, maintenance, management, accounting and auditing of the electric utility;
(6) The terms upon which the revenue bonds, or any of
them, may be redeemed at the election of the agency;
(7) Limitations upon the right to dispose of the steam
electric utility or any part thereof without providing for the
payment of the outstanding revenue bonds; and
(8) The appointment of trustees, depositaries, and paying
agents to receive, hold, disburse, invest, and reinvest all or
any part of the income, revenue, receipts and profits derived
by the director from the operation, ownership, and management of its steam electric utility. [1988 c 127 § 18; 1965 c
8 § 43.21.330. Prior: 1957 c 275 § 11. Formerly RCW
43.21.330.]
43.21A.628 Steam electric generating plant—Sale of
bonds. All bonds issued under or by authority of RCW
43.21A.610 through 43.21A.642 shall be sold to the highest
and best bidder after such advertising for bids as the state
finance committee may deem proper. The state finance
committee may reject any and all bids so submitted and
thereafter sell such bonds so advertised under such terms and
conditions as the state finance committee may deem most
advantageous to its own interests. [1988 c 127 § 19; 1970
ex.s. c 56 § 61; 1969 ex.s. c 232 § 32; 1965 c 8 §
43.21.340. Prior: 1957 c 275 § 12. Formerly RCW
43.21.340.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
43.21A.630 Steam electric generating plant—
Examination, registration of bonds by state auditor—
Defects, irregularities. Prior to the issuance and delivery of
any revenue bonds, such bonds and a certified copy of the
resolution authorizing them shall be delivered to the state
auditor together with any additional information that he may
require. When the bonds have been examined they shall be
registered by the auditor in books to be kept by him for that
purpose, and a certificate of registration shall be endorsed
upon each bond and signed by the auditor or a deputy
appointed by him for the purpose. The bonds shall then be
prima facie valid and binding obligations of the state finance
committee in accordance with their terms, notwithstanding
any defects or irregularities in the authorization and issuance
of the bonds, or in the sale, execution or delivery thereof.
[1965 c 8 § 43.21.350. Prior: 1957 c 275 § 13. Formerly
RCW 43.21.350.]
43.21A.632 Steam electric generating plant—Rates
or charges. When revenue bonds are outstanding the
director shall establish, maintain, and collect rates or charges
for electric power and energy, and other services, facilities
and commodities sold and supplied by the director which
shall be fair and nondiscriminatory and adequate to provide
(2002 Ed.)
43.21A.626
revenue sufficient to pay the principal of and interest on
revenue bonds outstanding, and all payments which the
director is obligated to make to the state treasurer for deposit
in any special fund or funds created for such purpose, and
for the proper operation and maintenance of the utility and
all necessary repairs, replacements and renewals thereof.
[1988 c 127 § 20; 1965 c 8 § 43.21.360. Prior: 1957 c 275
§ 14. Formerly RCW 43.21.360.]
43.21A.634 Steam electric generating plant—
Refunding revenue bonds. When the state finance committee has outstanding revenue bonds, the state finance committee, with the concurrence of the director, may by resolution
provide for the issuance of refunding revenue bonds with
which to refund the outstanding revenue bonds, or any part
thereof at maturity, or before maturity if they are by their
terms or by other agreement, subject to call for prior
redemption, with the right in the state finance committee to
combine various series and issues of the outstanding revenue
bonds by a single issue of refunding revenue bonds. The
refunding bonds shall be payable only out of a special fund
created out of the gross revenue of the steam electric utility,
and shall only be a valid claim as against such special fund
and the amount or proportion of the revenue of the utility
pledged to said fund. The rate of interest on refunding
revenue bonds shall not exceed the rate of interest on
revenue bonds refunded thereby. The state finance committee may exchange the refunding revenue bonds for the
revenue bonds which are being refunded, or it may sell them
in such manner as it deems for its best interest. Except as
specifically provided in this section, the refunding revenue
bonds shall be issued in accordance with the provisions
contained in RCW 43.21A.610 through 43.21A.642 with
respect to revenue bonds. [1988 c 127 § 21; 1965 c 8 §
43.21.370. Prior: 1957 c 275 § 15. Formerly RCW
43.21.370.]
43.21A.636 Steam electric generating plant—
Signatures on bonds. All revenue bonds, including refunding revenue bonds, shall be signed by the governor and the
state auditor under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons may have
printed or lithographic facsimile of the signatures of such
officers. [1965 c 8 § 43.21.380. Prior: 1957 c 275 § 16.
Formerly RCW 43.21.380.]
43.21A.638 Steam electric generating plant—
Provisions of law, resolution, a contract with bondholder—Enforcement. The provisions of RCW 43.21A.610
through 43.21A.642 and any resolution providing for the
issuance of revenue bonds shall constitute a contract with the
holder or holders from time to time of the revenue bonds of
the state finance committee. Such provisions of RCW
43.21A.610 through 43.21A.642 and of any such resolution
shall be enforceable by any such bondholders by appropriate
action in any court of competent jurisdiction. [1988 c 127
§ 22; 1965 c 8 § 43.21.390. Prior: 1957 c 275 § 17.
Formerly RCW 43.21.390.]
[Title 43 RCW—page 129]
43.21A.640
Title 43 RCW: State Government—Executive
43.21A.640 Steam electric generating plant—Bonds
are legal security, investment, negotiable. All revenue
bonds issued hereunder shall be legal securities, which may
be used by a bank or trust company for deposit with the
state treasurer, or by a county or city or town treasurer, as
security for deposits in lieu of a surety bond under any law
relating to deposits of public moneys. They shall constitute
legal investments for trustees and other fiduciaries other than
corporations doing a trust business in this state, and for
savings and loan associations, banks and insurance companies doing business in this state. All revenue bonds and all
coupons appertaining thereto shall be negotiable instruments
within the meaning and for all purposes of the negotiable
instruments law. [1965 c 8 § 43.21.400. Prior: 1957 c 275
§ 18. Formerly RCW 43.21.400.]
43.21A.642 Steam electric generating plant—
Director not authorized to acquire other facilities or
engage in retail distribution. Nothing in RCW 43.21A.610
through 43.21A.642 shall authorize or empower the director
to purchase or acquire any transmission or distribution
system or facilities or to engage in the retail distribution of
electric energy, or to purchase or acquire any operating
hydroelectric generating plant owned by any city or district,
or by a privately owned public utility, or which hereafter
may be acquired by any city or district by condemnation.
[1988 c 127 § 23; 1965 c 8 § 43.21.410. Prior: 1957 c 275
§ 19. Formerly RCW 43.21.410.]
43.21A.650 Freshwater aquatic weeds account. The
freshwater aquatic weeds account is hereby created in the
state treasury. Expenditures from this account may only be
used as provided in RCW 43.21A.660. Moneys in the
account may be spent only after appropriation. [1991 c 302
§ 2.]
Findings—1991 c 302: "The legislature hereby finds that Eurasian
water milfoil and other freshwater aquatic weeds can adversely affect fish
populations, reduce habitat for desirable plant and wildlife species, and
decrease public recreational opportunities. The legislature further finds that
the spread of freshwater aquatic weeds is a statewide problem and requires
a coordinated response among state agencies, local governments, and the
public. It is therefore the intent of the legislature to establish a funding
source to reduce the propagation of Eurasian water milfoil and other
freshwater aquatic weeds and to manage the problems created by such
freshwater aquatic plants." [1991 c 302 § 1.]
Effective date—1991 c 302: See note following RCW 46.16.670.
43.21A.660 Freshwater aquatic weeds management
program. Funds in the freshwater aquatic weeds account
may be appropriated to the department of ecology to develop
a freshwater aquatic weeds management program. Funds
shall be expended as follows:
(1) No less than two-thirds of the appropriated funds
shall be issued as grants to (a) cities, counties, tribes, special
purpose districts, and state agencies to prevent, remove,
reduce, or manage excessive freshwater aquatic weeds; (b)
fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication
activities in waters of the state. Except for hydrilla eradication activities, such grants shall only be issued for lakes,
rivers, or streams with a public boat launching ramp or
which are designated by the department of fish and wildlife
[Title 43 RCW—page 130]
for fly-fishing. The department shall give preference to
projects having matching funds or in-kind services; and
(2) No more than one-third of the appropriated funds
shall be expended to:
(a) Develop public education programs relating to
preventing the propagation and spread of freshwater aquatic
weeds; and
(b) Provide technical assistance to local governments
and citizen groups. [1999 c 251 § 1; 1996 c 190 § 1; 1991
c 302 § 4.]
Findings—1991 c 302: See note following RCW 43.21A.650.
Effective date—1991 c 302: See note following RCW 46.16.670.
43.21A.662 Freshwater aquatic weeds management
program—Advisory committee. (1) The department shall
appoint an advisory committee to oversee the freshwater
aquatic weeds management program.
(2) The advisory committee shall include representatives
from the following groups:
(a) Recreational boaters interested in freshwater aquatic
weed management;
(b) Residents adjacent to lakes, rivers, or streams with
public boat launch facilities;
(c) Local governments;
(d) Scientific specialists;
(e) Pesticide registrants, as defined in *RCW
15.58.030(34);
(f) Certified pesticide applicators, as defined in **RCW
17.21.020(5), who specialize in the use of aquatic pesticides;
and
(g) If ***chapter . . ., Laws of 1999 (Senate Bill No.
5315) is enacted by June 30, 1999, the aquatic nuisance
species coordinating committee.
(3) The advisory committee shall review and provide
recommendations to the department on freshwater aquatic
weeds management program activities and budget and
establish criteria for grants funded from the freshwater
aquatic weeds account. [1999 c 251 § 2.]
Reviser’s note: *(1) RCW 15.58.030 was amended by 2000 c 96 §
1, changing subsection (34) to subsection (35).
**(2) RCW 17.21.020 was amended by 2001 c 333 § 1, changing
subsection (5) to subsection (6), effective July 1, 2002.
***(3) Senate Bill No. 5315 (1999) was not enacted into law by June
30, 1999.
43.21A.670 Senior environmental corps—
Department powers and duties. (1) The department of
ecology shall have the following powers and duties in
carrying out its responsibilities for the senior environmental
corps created under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
(2002 Ed.)
Department of Ecology
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 9.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.21A.680 Solid waste plan advisory committee
abolished. The director of ecology shall abolish the solid
waste plan advisory committee effective July 1, 1994. [1994
sp.s. c 9 § 804.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.21A.690 Cost-reimbursement agreements for
complex projects. (1) The department may enter into a
written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the
reasonable costs incurred by the department in carrying out
the requirements of this chapter, as well as the requirements
of other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies,
and permit processing. The cost-reimbursement agreement
shall identify the specific tasks, costs, and schedule for work
to be conducted under the agreement. For purposes of this
section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C
RCW.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions
of a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and
not by the consultant. The department shall make an
estimate of the number of permanent staff hours to process
the permits, and shall contract with consultants to replace the
time and functions committed by these permanent staff to the
project. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that
provides for progress payments. Use of cost-reimbursement
agreements shall not reduce the current level of staff
available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds
under a cost-reimbursement agreement to replace or supplant
existing funding. The restrictions of chapter 42.52 RCW
apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2005. The
department may continue to administer any cost-reimburse-
(2002 Ed.)
43.21A.670
ment agreement which was entered into before July 1, 2005,
until the project is completed. [2000 c 251 § 2.]
Intent—2000 c 251: "It is the intent of the legislature to allow
applicants for environmental permits for complex projects to compensate
permitting agencies for providing environmental review through the
voluntary negotiation of cost-reimbursement agreements with the permitting
agency. It is the further intent of the legislature that cost-reimbursement
agreements for complex projects free permitting agency resources to focus
on the review of small projects permits." [2000 c 251 § 1.]
Captions not law—2000 c 251: "Captions used in this act are not
any part of the law." [2000 c 251 § 8.]
Effective date—2000 c 251: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 31, 2000]." [2000 c 251 § 9.]
43.21A.900 Chapter to be liberally construed. The
rule of strict construction shall have no application to this
chapter and it shall be liberally construed in order to carry
out the broad purposes set forth in RCW 43.21A.020. [1970
ex.s. c 62 § 27.]
43.21A.910 Savings—Permits, standards not
affected—Severability—Effective date—1970 ex.s. c 62.
See notes following RCW 43.21A.010.
Chapter 43.21B
ENVIRONMENTAL HEARINGS OFFICE—
POLLUTION CONTROL HEARINGS BOARD
Sections
43.21B.001 Definitions.
43.21B.005 Environmental hearings office created—Composition—
Administrative appeals judges—Contracts for services.
43.21B.010 Pollution control hearings board created—Purpose.
43.21B.020 Members—Qualifications—Appointment.
43.21B.030 Members—Terms—Filling vacancies, term.
43.21B.040 Removal of member, procedure—As disqualification for
reappointment.
43.21B.050 Governor to determine basis for operation—Compensation if
part time basis, limitation—Reimbursement of travel
expenses.
43.21B.060 Restrictions upon conduct while member and upon termination of membership.
43.21B.080 Chairman, biennial election of.
43.21B.090 Principal office—Quorum—Hearings—Board powers and
duties.
43.21B.100 Board to make findings of fact and written decisions on
each case considered—Effective upon signing and filing—Public information.
43.21B.110 Pollution control hearings board jurisdiction.
43.21B.130 Administrative procedure act to apply to appeal of board
rules and regulations—Scope of board action on decisions and orders of others.
43.21B.160 Appeals—Generally.
43.21B.170 Proceedings conducted in accordance with published board
rules and regulations.
43.21B.180 Judicial review—Director’s right of review of decisions
pursuant to RCW 43.21B.110.
43.21B.190 Judicial review—Appeal from board’s order.
43.21B.230 Appeals of agency actions.
43.21B.240 Department—Air authorities—Adjudicative proceedings,
may not conduct.
43.21B.250 Challenges to consistency of rules adopted pursuant to RCW
43.21C.110 and 43.21C.120—Procedure—Finality.
43.21B.260 Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—
Evidence.
43.21B.300 Penalty procedures.
[Title 43 RCW—page 131]
Chapter 43.21B
43.21B.305
43.21B.310
43.21B.320
43.21B.330
43.21B.900
Title 43 RCW: State Government—Executive
Appeals involving penalties of five thousand dollars or less.
Appeal of orders, permits, and licenses.
Stays of orders.
Summary procedures.
Savings—Other powers and duties not affected—Permits,
standards not affected—Severability—Effective date—
1970 ex.s. c 62.
43.21B.001 Definitions. As used in this chapter,
"department" means the department of ecology, and "director" means the director of ecology. [1987 c 109 § 4.]
Purpose—1987 c 109: "The purposes of this act are to:
(1) Simplify and clarify existing statutory and administrative
procedures for appealing decisions of the department of ecology and air
pollution control authorities in order to (a) expedite those appeals, (b) insure
that those appeals are conducted with a minimum of expense to save state
and private resources, and (c) allow the appellate authorities to decide cases
on their merits rather than on procedural technicalities.
(2) Clarify existing statutes relating to the environment but which refer
to numerous agencies no longer in existence.
(3) Eliminate provisions no longer effective or meaningful and
abbreviate statutory provisions which are unnecessarily long and confusing."
[1987 c 109 § 1.]
Short title—1987 c 109: "This act may be referred to as the "ecology
procedures simplification act of 1987." [1987 c 109 § 2.]
Construction—1987 c 109: "Unless otherwise specifically intended,
this act shall not be construed to change existing substantive or procedural
law; it should only clarify and standardize existing procedures." [1987 c
109 § 3.]
Rules—1987 c 109: "The department of ecology shall amend its rules
by June 30, 1988, to effect the purposes of this act." [1987 c 109 § 160.]
Severability—1987 c 109: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 109 § 161.]
Captions—1987 c 109: "As used in this act, bill headings and section
captions constitute no part of the law." [1987 c 109 § 162.]
43.21B.005 Environmental hearings office created—
Composition—Administrative appeals judges—Contracts
for services. (1) There is created an environmental hearings
office of the state of Washington. The environmental
hearings office shall consist of the pollution control hearings
board created in RCW 43.21B.010, the forest practices
appeals board created in RCW 76.09.210, the shorelines
hearings board created in RCW 90.58.170, and the hydraulic
appeals board created in *RCW 75.20.130. The chairman of
the pollution control hearings board shall be the chief
executive officer of the environmental hearings office.
Membership, powers, functions, and duties of the pollution
control hearings board, the forest practices appeals board, the
shorelines hearings board, and the hydraulic appeals board
shall be as provided by law.
(2) The chief executive officer of the environmental
hearings office may appoint an administrative appeals judge
who shall possess the powers and duties conferred by the
administrative procedure act, chapter 34.05 RCW, in cases
before the boards comprising the office. The administrative
appeals judge shall have a demonstrated knowledge of
environmental law, and shall be admitted to the practice of
law in the state of Washington. Additional administrative
appeals judges may also be appointed by the chief executive
officer on the same terms. Administrative appeals judges
shall not be subject to chapter 41.06 RCW.
(3) The administrative appeals judges appointed under
subsection (2) of this section are subject to discipline and
[Title 43 RCW—page 132]
termination, for cause, by the chief executive officer. Upon
written request by the person so disciplined or terminated,
the chief executive officer shall state the reasons for such
action in writing. The person affected has a right of review
by the superior court of Thurston county on petition for
reinstatement or other remedy filed within thirty days of
receipt of such written reasons.
(4) The chief executive officer may appoint, discharge,
and fix the compensation of such administrative or clerical
staff as may be necessary.
(5) The chief executive officer may also contract for
required services. [1999 c 125 § 1; 1990 c 65 § 1; 1986 c
173 § 3; 1979 ex.s. c 47 § 2.]
*Reviser’s note: RCW 75.20.130 was recodified as RCW 77.55.170
pursuant to 2000 c 107 § 129.
Intent—1979 ex.s. c 47: "It is the intent of the legislature to
consolidate administratively the pollution control hearings board, the forest
practices appeals board, and the shorelines hearings board into one agency
of state government with minimum disturbance to these boards. It is not the
intent of the legislature in consolidating these boards to change the existing
membership of these boards.
All full-time employees of the pollution control hearings board and the
full-time employee of the forest practices appeals board shall be full-time
employees of the environmental hearings office without loss of rights.
Property and obligations of these boards and the shorelines hearings board
shall be property and obligations of the environmental hearings office."
[1979 ex.s. c 47 § 1.]
43.21B.010 Pollution control hearings board
created—Purpose. There is hereby created within the
environmental hearings office a pollution control hearings
board of the state of Washington.
The purpose of the pollution control hearings board is
to provide for a more expeditious and efficient disposition of
appeals with respect to the decisions and orders of the
department and director and with respect to all decisions of
air pollution control boards or authorities established
pursuant to chapter 70.94 RCW. [1979 ex.s. c 47 § 3; 1970
ex.s. c 62 § 31.]
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
43.21B.020
Members—Qualifications—
Appointment. The hearings board shall consist of three
members qualified by experience or training in pertinent
matters pertaining to the environment, and at least one
member of the hearings board shall have been admitted to
practice law in this state and engaged in the legal profession
at the time of his appointment. The hearings board shall be
appointed by the governor with the advice and consent of the
senate, and no more than two of whom at the time of
appointment or during their term shall be members of the
same political party. [1970 ex.s. c 62 § 32.]
43.21B.030 Members—Terms—Filling vacancies,
term. Members of the hearings board shall be appointed for
a term of six years and until their successors are appointed
and have qualified. In case of a vacancy, it shall be filled
by appointment by the governor for the unexpired portion of
the term in which said vacancy occurs: PROVIDED, That
the terms of the first three members of the hearings board
shall be staggered so that one member shall be appointed to
serve until July 1, 1972, one member until July 1, 1974, and
one member until July 1, 1976. [1970 ex.s. c 62 § 33.]
(2002 Ed.)
Environmental Hearings Office—Pollution Control Hearings Board
43.21B.040 Removal of member, procedure—As
disqualification for reappointment. Any member of the
hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written
charges filed by the governor, who shall transmit such
written charges to the member accused and to the chief
justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the
superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing which shall be public,
and the procedure for the hearing, and the decision of such
tribunal shall be final and not subject to review by the
supreme court. Removal of any member of the hearings
board by the tribunal shall disqualify such member for
reappointment. [1970 ex.s. c 62 § 34.]
43.21B.050 Governor to determine basis for operation—Compensation if part time basis, limitation—
Reimbursement of travel expenses. The hearings board
shall operate on either a part time or a full time basis, as
determined by the governor. If it is determined that the
hearings board shall operate on a full time basis, each
member of the hearings board shall receive an annual salary
to be determined by the governor pursuant to RCW
43.03.040. If it is determined the hearings board shall
operate on a part time basis, each member of the hearings
board shall receive compensation on the basis of seventy-five
dollars for each day spent in performance of his duties but
such compensation shall not exceed ten thousand dollars in
a fiscal year. Each hearings board member shall receive
reimbursement for travel expenses incurred in the discharge
of his duties in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. [1975-’76
2nd ex.s. c 34 § 101; 1970 ex.s. c 62 § 35.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.21B.060 Restrictions upon conduct while member and upon termination of membership. Each member
of the hearings board: (1) Shall not be a candidate for nor
hold any other public office or trust, and shall not engage in
any occupation or business interfering with or inconsistent
with his duty as a member of the hearings board, nor shall
he serve on or under any committee of any political party;
and (2) shall not for a period of one year after the termination of his membership on the hearings board, act in a
representative capacity before the hearings board on any
matter. [1970 ex.s. c 62 § 36.]
43.21B.080 Chairman, biennial election of. The
hearings board shall as soon as practicable after the initial
appointment of the members thereof, meet and elect from
among its members a chairman, and shall at least biennially
thereafter meet and elect such a chairman. [1970 ex.s. c 62
§ 38.]
43.21B.090 Principal office—Quorum—Hearings—
Board powers and duties. The principal office of the
hearings board shall be at the state capitol, but it may sit or
hold hearings at any other place in the state. A majority of
the hearings board shall constitute a quorum for making
(2002 Ed.)
43.21B.040
orders or decisions, promulgating rules and regulations
necessary for the conduct of its powers and duties, or
transacting other official business, and may act though one
position of the hearings board be vacant. One or more
members may hold hearings and take testimony to be
reported for action by the hearings board when authorized by
rule or order of the hearings board. The hearings board shall
perform all the powers and duties specified in this chapter or
as otherwise provided by law. [1990 c 65 § 2; 1974 ex.s. c
69 § 1; 1970 ex.s. c 62 § 39.]
43.21B.100 Board to make findings of fact and
written decisions on each case considered—Effective
upon signing and filing—Public information. The
hearings board shall make findings of fact and prepare a
written decision in each case decided by it, and such findings
and decisions shall be effective upon being signed by two or
more members of the hearings board and upon being filed at
the hearings board’s principal office, and shall be open for
public inspection at all reasonable times. [1970 ex.s. c 62 §
40.]
43.21B.110 Pollution control hearings board
jurisdiction. (1) The hearings board shall only have
jurisdiction to hear and decide appeals from the following
decisions of the department, the director, local conservation
districts, and the air pollution control boards or authorities as
established pursuant to chapter 70.94 RCW, or local health
departments:
(a) Civil penalties imposed pursuant to RCW
18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090,
90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b) Orders issued pursuant to RCW 18.104.043,
18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095,
86.16.020, 88.46.070, 90.14.130, 90.48.120, and 90.56.330.
(c) Except as provided in RCW 90.03.210(2), the
issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the
exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application
for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision
to approve or deny an application for a solid waste permit
exemption under RCW 70.95.300.
(d) Decisions of local health departments regarding the
grant or denial of solid waste permits pursuant to chapter
70.95 RCW.
(e) Decisions of local health departments regarding the
issuance and enforcement of permits to use or dispose of
biosolids under RCW 70.95J.080.
(f) Decisions of the department regarding waste-derived
fertilizer or micronutrient fertilizer under RCW 15.54.820,
and decisions of the department regarding waste-derived soil
amendments under RCW 70.95.205.
(g) Decisions of local conservation districts related to
the denial of approval or denial of certification of a dairy
nutrient management plan; conditions contained in a plan;
application of any dairy nutrient management practices,
standards, methods, and technologies to a particular dairy
farm; and failure to adhere to the plan review and approval
timelines in RCW 90.64.026.
[Title 43 RCW—page 133]
43.21B.110
Title 43 RCW: State Government—Executive
(h) Any other decision by the department or an air
authority which pursuant to law must be decided as an
adjudicative proceeding under chapter 34.05 RCW.
(2) The following hearings shall not be conducted by
the hearings board:
(a) Hearings required by law to be conducted by the
shorelines hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to
RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405,
70.94.410, and 90.44.180.
(c) Proceedings conducted by the department, or the
department’s designee, under RCW 90.03.160 through
90.03.210 or 90.44.220.
(d) Hearings conducted by the department to adopt,
modify, or repeal rules.
(3) Review of rules and regulations adopted by the
hearings board shall be subject to review in accordance with
the provisions of the Administrative Procedure Act, chapter
34.05 RCW. [2001 c 220 § 2. Prior: 1998 c 262 § 18;
1998 c 156 § 8; 1998 c 36 § 22; 1993 c 387 § 22; prior:
1992 c 174 § 13; 1992 c 73 § 1; 1989 c 175 § 102; 1987 c
109 § 10; 1970 ex.s. c 62 § 41.]
Intent—2001 c 220: "The legislature intends to assure that appeals
of department of ecology decisions regarding changes or transfers of water
rights that are the subject of an ongoing general adjudication of water rights
are governed by an appeals process that is efficient and eliminates
unnecessary duplication, while fully preserving the rights of all affected
parties. The legislature intends to address only the judicial review process
for certain decisions of the pollution control hearings board when a general
adjudication is being actively litigated. The legislature intends to fully
preserve the role of the pollution control hearings board, except as
specifically provided in this act." [2001 c 220 § 1.]
Construction—2001 c 220: "Nothing in this act shall be construed
to affect or modify any treaty or other federal rights of an Indian tribe, or
the rights of any federal agency or other person or entity arising under
federal law. Nothing in this act is intended or shall be construed as
affecting or modifying any existing right of a federally recognized Indian
tribe to protect from impairment its federally reserved water rights in federal
court." [2001 c 220 § 6.]
Effective date—2001 c 220: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 220 § 7.]
Effective date—1998 c 262: See RCW 90.64.900.
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Order for compliance with oil spill contingency or prevention plan not
subject to review by pollution control hearings board: RCW
90.56.270.
43.21B.130 Administrative procedure act to apply
to appeal of board rules and regulations—Scope of board
action on decisions and orders of others. The administrative procedure act, chapter 34.05 RCW, shall apply to the
appeal of rules and regulations adopted by the board to the
same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions
of the various departments whose powers, duties and
functions were transferred by section 6, chapter 62, Laws of
[Title 43 RCW—page 134]
1970 ex. sess. to the department. All other decisions and
orders of the director and all decisions of air pollution
control boards or authorities established pursuant to chapter
70.94 RCW shall be subject to review by the hearings board
as provided in this chapter. [1990 c 65 § 3; 1970 ex.s. c 62
§ 43.]
43.21B.160 Appeals—Generally. In all appeals, the
hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the
Administrative Procedure Act. The hearings board, and each
member thereof, shall be subject to all duties imposed upon,
and shall have all powers granted to, an agency by those
provisions of chapter 34.05 RCW relating to adjudicative
proceedings. In the case of appeals within the jurisdiction
of the hearings board, the hearings board, or any member
thereof, may obtain such assistance, including the making of
field investigations, from the staff of the director as the
hearings board, or any member thereof, may deem necessary
or appropriate. Any communication, oral or written, from
the staff of the director to the hearings board shall be
presented only in an open hearing. [1995 c 382 § 2; 1990
c 65 § 5; 1989 c 175 § 103; 1974 ex.s. c 69 § 3; 1970 ex.s.
c 62 § 46.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.21B.170 Proceedings conducted in accordance
with published board rules and regulations. All proceedings before the hearings board or any of its members shall
be conducted in accordance with such rules of practice and
procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the
reasonable distribution thereof. [1995 c 382 § 3; 1970 ex.s.
c 62 § 47.]
43.21B.180 Judicial review—Director’s right of
review of decisions pursuant to RCW 43.21B.110.
Judicial review of a decision of the hearings board may be
obtained only pursuant to RCW 34.05.510 through
34.05.598. The director shall have the same right of review
from a decision made pursuant to RCW 43.21B.110 as does
any person. [1994 c 253 § 6; 1989 c 175 § 104; 1970 ex.s.
c 62 § 48.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.21B.190 Judicial review—Appeal from board’s
order. Within thirty days after the final decision and order
of the hearings board upon such an appeal has been communicated to the interested parties, such interested party
aggrieved by the decision and order of the hearings board
may appeal to the superior court. [1995 c 382 § 4; 1994 c
253 § 7; 1988 c 202 § 43; 1970 ex.s. c 62 § 49.]
Severability—1988 c 202: See note following RCW 2.24.050.
43.21B.230 Appeals of agency actions. Any person
having received notice of a denial of a petition, a notice of
determination, notice of or an order made by the department
may appeal to the hearings board, within thirty days from
the date the notice of such denial, order, or determination is
(2002 Ed.)
Environmental Hearings Office—Pollution Control Hearings Board
posted in the United States mail, properly addressed, postage
prepaid, to the appealing party. The appeal shall be perfected by serving a copy of the notice of appeal upon the
department or air pollution authority established pursuant to
chapter 70.94 RCW, as the case may be, within the time
specified herein and by filing the original thereof with proof
of service with the clerk of the hearings board. [1997 c 125
§ 2; 1994 c 253 § 8; 1990 c 65 § 6; 1970 ex.s. c 62 § 53.]
43.21B.240 Department—Air authorities—
Adjudicative proceedings, may not conduct. The department and air authorities shall not have authority to hold
adjudicative proceedings pursuant to the Administrative
Procedure Act, chapter 34.05 RCW. Such hearings shall be
held by the pollution control hearings board. [1989 c 175 §
105; 1987 c 109 § 9; 1970 ex.s. c 62 § 54.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.250 Challenges to consistency of rules
adopted pursuant to RCW 43.21C.110 and 43.21C.120—
Procedure—Finality. (1) All challenges in regard to the
consistency of the rules adopted pursuant to RCW
43.21C.120 and with the rules and guidelines adopted
pursuant to RCW 43.21C.110 shall be initiated by filing a
petition for review with the pollution control hearings board
in accordance with rules of practice and procedures promulgated by the hearings board.
(2) All challenges to the hearings board provided under
this section shall be decided on the basis of conformance of
rules, with the applicable rules and guidelines adopted
pursuant to RCW 43.21C.110. The board may in its
discretion require briefs, testimony, and oral arguments.
(3) The decisions of the hearings board authorized under
this section shall be final. [1974 ex.s. c 179 § 9.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
Severability—1974 ex.s. c 179: See RCW 43.21C.910.
43.21B.260 Regulations and amendments of activated air pollution control authorities—Filing with hearings
board authorized—Evidence. Activated air pollution
control authorities, established under chapter 70.94 RCW,
may file certified copies of their regulations and amendments
thereto with the pollution control hearings board of the state
of Washington, and the hearings board shall take judicial
note of the copies so filed and the said regulations and
amendments shall be received and admitted, by reference, in
all hearings before the board, as prima facie evidence that
such regulations and amendments on file are in full force
and effect. [1974 ex.s. c 69 § 5.]
43.21B.300 Penalty procedures. (1) Any civil
penalty provided in RCW 18.104.155, 70.94.431, 70.105.080,
70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and
90.56.330 shall be imposed by a notice in writing, either by
certified mail with return receipt requested or by personal
service, to the person incurring the penalty from the department or the local air authority, describing the violation with
reasonable particularity. Within fifteen days after the notice
is received, the person incurring the penalty may apply in
(2002 Ed.)
43.21B.230
writing to the department or the authority for the remission
or mitigation of the penalty. Upon receipt of the application,
the department or authority may remit or mitigate the penalty
upon whatever terms the department or the authority in its
discretion deems proper. The department or the authority
may ascertain the facts regarding all such applications in
such reasonable manner and under such rules as it may deem
proper and shall remit or mitigate the penalty only upon a
demonstration of extraordinary circumstances such as the
presence of information or factors not considered in setting
the original penalty.
(2) Any penalty imposed under this section may be
appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the
hearings board and served on the department or authority
thirty days after receipt by the person penalized of the notice
imposing the penalty or thirty days after receipt of the notice
of disposition of the application for relief from penalty.
(3) A penalty shall become due and payable on the later
of:
(a) Thirty days after receipt of the notice imposing the
penalty;
(b) Thirty days after receipt of the notice of disposition
on application for relief from penalty, if such an application
is made; or
(c) Thirty days after receipt of the notice of decision of
the hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the
department within thirty days after it becomes due and
payable, the attorney general, upon request of the department, shall bring an action in the name of the state of
Washington in the superior court of Thurston county, or of
any county in which the violator does business, to recover
the penalty. If the amount of the penalty is not paid to the
authority within thirty days after it becomes due and payable,
the authority may bring an action to recover the penalty in
the superior court of the county of the authority’s main
office or of any county in which the violator does business.
In these actions, the procedures and rules of evidence shall
be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state
treasury and credited to the general fund except those
penalties imposed pursuant to RCW 18.104.155, which shall
be credited to the reclamation account as provided in RCW
18.104.155(7), RCW 70.94.431, the disposition of which
shall be governed by that provision, RCW 70.105.080, which
shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW
90.56.330, which shall be credited to the coastal protection
fund created by RCW 90.48.390. [2001 c 36 § 2; 1993 c
387 § 23; 1992 c 73 § 2; 1987 c 109 § 5.]
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.305 Appeals involving penalties of five
thousand dollars or less. In an appeal that involves a
penalty of five thousand dollars or less, the appeal may be
heard by one member of the board, whose decision shall be
the final decision of the board. The board shall define by
[Title 43 RCW—page 135]
43.21B.305
Title 43 RCW: State Government—Executive
rule alternative procedures to expedite small appeals. These
alternatives may include: Mediation, upon agreement of all
parties; submission of testimony by affidavit; or other forms
that may lead to less formal and faster resolution of appeals.
[1994 c 253 § 5.]
43.21B.310 Appeal of orders, permits, and licenses.
(1) Except as provided in RCW 90.03.210(2), any order
issued by the department or local air authority pursuant to
RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190,
86.16.020, 88.46.070, or 90.48.120(2) or any provision
enacted after July 26, 1987, or any permit, certificate, or
license issued by the department may be appealed to the
pollution control hearings board if the appeal is filed with
the board and served on the department or authority within
thirty days after receipt of the order. Except as provided
under chapter 70.105D RCW and RCW 90.03.210(2), this is
the exclusive means of appeal of such an order.
(2) The department or the authority in its discretion may
stay the effectiveness of an order during the pendency of
such an appeal.
(3) At any time during the pendency of an appeal of
such an order to the board, the appellant may apply pursuant
to RCW 43.21B.320 to the hearings board for a stay of the
order or for the removal thereof.
(4) Any appeal must contain the following in accordance with the rules of the hearings board:
(a) The appellant’s name and address;
(b) The date and docket number of the order, permit, or
license appealed;
(c) A description of the substance of the order, permit,
or license that is the subject of the appeal;
(d) A clear, separate, and concise statement of every
error alleged to have been committed;
(e) A clear and concise statement of facts upon which
the requester relies to sustain his or her statements of error;
and
(f) A statement setting forth the relief sought.
(5) Upon failure to comply with any final order of the
department, the attorney general, on request of the department, may bring an action in the superior court of the county
where the violation occurred or the potential violation is
about to occur to obtain such relief as necessary, including
injunctive relief, to insure compliance with the order. The
air authorities may bring similar actions to enforce their orders.
(6) An appealable decision or order shall be identified
as such and shall contain a conspicuous notice to the
recipient that it may be appealed only by filing an appeal
with the hearings board and serving it on the department
within thirty days of receipt. [2001 c 220 § 4; 2001 c 36 §
3; 1992 c 73 § 3; 1989 c 2 § 14 (Initiative Measure No. 97,
approved November 8, 1988); (1987 3rd ex.s. c 2 § 49
repealed by 1989 c 2 § 24, effective March 1, 1989); 1987
c 109 § 6.]
Reviser’s note: This section was amended by 2001 c 36 § 3 and by
2001 c 220 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Construction—Effective date—2001 c 220: See notes
following RCW 43.21B.110.
[Title 43 RCW—page 136]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Short title—Construction—Existing agreements—Effective date—
Severability—1989 c 2: See RCW 70.105D.900 and 70.105D.910 through
70.105D.921, respectively.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.320 Stays of orders. (1) A person appealing
to the hearings board an order of the department or an
authority, not stayed by the issuing agency, may obtain a
stay of the effectiveness of that order only as set forth in this
section.
(2) An appealing party may request a stay by including
such a request in the appeal document, in a subsequent
motion, or by such other means as the rules of the hearings
board shall prescribe. The request must be accompanied by
a statement of grounds for the stay and evidence setting forth
the factual basis upon which request is based. The hearings
board shall hear the request for a stay as soon as possible.
The hearing on the request for stay may be consolidated with
the hearing on the merits.
(3) The applicant may make a prima facie case for stay
if the applicant demonstrates either a likelihood of success
on the merits of the appeal or irreparable harm. Upon such
a showing, the hearings board shall grant the stay unless the
department or authority demonstrates either (a) a substantial
probability of success on the merits or (b) likelihood of
success on the merits and an overriding public interest which
justifies denial of the stay.
(4) Unless otherwise stipulated by the parties, the
hearings board, after granting or denying an application for
a stay, shall expedite the hearing and decision on the merits.
(5) Any party or other person aggrieved by the grant or
denial of a stay by the hearings board may petition the
superior court for Thurston county for review of that
decision pursuant to chapter 34.05 RCW pending the appeal
on the merits before the board. The superior court shall
expedite its review of the decision of the hearings board.
[1987 c 109 § 7.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.330 Summary procedures. The hearings
board shall develop procedures for summary procedures,
consistent with the rules of civil procedure for superior court
on summary judgment, to decide cases before it. Such procedures may include provisions for determinations without
an oral hearing or hearing by telephonic means. [1987 c 109
§ 8.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.900 Savings—Other powers and duties not
affected—Permits, standards not affected—Severability—
Effective date—1970 ex.s. c 62. See notes following RCW
43.21A.010.
(2002 Ed.)
State Environmental Policy
Chapter 43.21C
STATE ENVIRONMENTAL POLICY
Sections
43.21C.010
43.21C.020
43.21C.030
43.21C.031
43.21C.033
43.21C.034
43.21C.035
43.21C.036
43.21C.037
43.21C.038
43.21C.0381
43.21C.0382
43.21C.0383
43.21C.0384
43.21C.039
43.21C.040
43.21C.050
43.21C.060
43.21C.065
43.21C.075
43.21C.080
43.21C.087
43.21C.090
43.21C.095
43.21C.110
43.21C.120
43.21C.130
43.21C.135
43.21C.150
43.21C.160
43.21C.165
43.21C.170
43.21C.175
43.21C.210
43.21C.220
43.21C.222
43.21C.225
43.21C.227
43.21C.230
(2002 Ed.)
Purposes.
Legislative recognitions—Declaration—Responsibility.
Guidelines for state agencies, local governments—
Statements—Reports—Advice—Information.
Significant impacts.
Threshold determination to be made within ninety days
after application is complete.
Use of existing documents.
Certain irrigation projects decisions exempt from RCW
43.21C.030(2)(c).
Hazardous substance remedial actions—Procedural
requirements and documents to be integrated.
Application of RCW 43.21C.030(2)(c) to forest practices.
Application of RCW 43.21C.030(2)(c) to school closures.
Application of RCW 43.21C.030(2)(c) to decisions
pertaining to air operating permits.
Application of RCW 43.21C.030(2)(c) to watershed
restoration projects—Fish habitat enhancement
projects.
Application of RCW 43.21C.030(2)(c) to waste discharge permits.
Application of RCW 43.21C.030(2)(c) to personal
wireless services facilities.
Metals mining and milling operations—Environmental
impact statements required.
Examination of laws, regulations, policies by state
agencies and local authorities—Report of deficiencies and corrective measures.
Specific statutory obligations not affected.
Chapter supplementary—Conditioning or denial of
governmental action.
Impact fees and fees for system improvements.
Appeals.
Notice of action by governmental agency—How publicized—Time limitation for commencing challenge
to action.
List of filings required by RCW 43.21C.080.
Decision of governmental agency to be accorded substantial weight.
State environmental policy act rules to be accorded
substantial deference.
Content of state environmental policy act rules.
Rules, ordinances, resolutions and regulations—
Adoption—Effective dates.
Model ordinances.
Authority of local governmental units to adopt rules,
guidelines and model ordinances by reference.
RCW 43.21C.030(2)(c) inapplicable when statement
previously prepared pursuant to national environmental policy act.
Utilization of statement prepared under RCW
43.21C.030 to implement chapter 90.62 RCW—
Utilization of chapter 90.62 RCW procedures to
satisfy RCW 43.21C.030(2)(c).
Challenges to consistency of rules adopted pursuant to
RCW 43.21C.110 and 43.21C.160—Procedure—
Finality.
Council on environmental policy.
Council on environmental policy—Personnel.
Certain actions during state of emergency exempt from
chapter.
Incorporation of city or town exempt from chapter.
Annexation by city or town exempt from chapter.
Consolidation and annexation of cities and towns
exempt from chapter.
Disincorporation of a city or town or reduction of city
or town limits exempt from chapter.
Development and adoption of plan under chapter
43.180 RCW exempt from chapter.
Chapter 43.21C
43.21C.240
43.21C.250
Project review under the growth management act.
Forest practices board—Emergency rules—Exempt
from chapter.
43.21C.260
Certain actions not subject to RCW
43.21C.030(2)(c)—Threshold determination on a
watershed analysis.
43.21C.270
Certain secure community transition facilities not
subject to this chapter.
43.21C.300
Workshops—Handbook.
43.21C.400
Unfinished nuclear power projects—Council action
exempt from this chapter.
43.21C.900
Short title.
43.21C.910
Severability—1974 ex.s. c 179.
43.21C.911
Section headings not part of law—1983 c 117.
43.21C.912
Applicability—1983 c 117.
43.21C.913
Severability—1983 c 117.
43.21C.914
Effective dates—1983 c 117.
Economic policy: Chapter 43.21H RCW.
43.21C.010 Purposes. The purposes of this chapter
are: (1) To declare a state policy which will encourage
productive and enjoyable harmony between man and his
environment; (2) to promote efforts which will prevent or
eliminate damage to the environment and biosphere; (3) and
stimulate the health and welfare of man; and (4) to enrich
the understanding of the ecological systems and natural
resources important to the state and nation. [1971 ex.s. c
109 § 1.]
43.21C.020 Legislative recognitions—Declaration—
Responsibility. (1) The legislature, recognizing that man
depends on his biological and physical surroundings for
food, shelter, and other needs, and for cultural enrichment as
well; and recognizing further the profound impact of man’s
activity on the interrelations of all components of the natural
environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion,
resource utilization and exploitation, and new and expanding
technological advances and recognizing further the critical
importance of restoring and maintaining environmental
quality to the overall welfare and development of man, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments,
and other concerned public and private organizations, to use
all practicable means and measures, including financial and
technical assistance, in a manner calculated to: (a) Foster
and promote the general welfare; (b) to create and maintain
conditions under which man and nature can exist in productive harmony; and (c) fulfill the social, economic, and other
requirements of present and future generations of Washington citizens.
(2) In order to carry out the policy set forth in this
chapter, it is the continuing responsibility of the state of
Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of
state policy, to improve and coordinate plans, functions,
programs, and resources to the end that the state and its
citizens may:
(a) Fulfill the responsibilities of each generation as
trustee of the environment for succeeding generations;
(b) Assure for all people of Washington safe, healthful,
productive, and aesthetically and culturally pleasing surroundings;
[Title 43 RCW—page 137]
43.21C.020
Title 43 RCW: State Government—Executive
(c) Attain the widest range of beneficial uses of the
environment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural
aspects of our national heritage;
(e) Maintain, wherever possible, an environment which
supports diversity and variety of individual choice;
(f) Achieve a balance between population and resource
use which will permit high standards of living and a wide
sharing of life’s amenities; and
(g) Enhance the quality of renewable resources and
approach the maximum attainable recycling of depletable
resources.
(3) The legislature recognizes that each person has a
fundamental and inalienable right to a healthful environment
and that each person has a responsibility to contribute to the
preservation and enhancement of the environment. [1971
ex.s. c 109 § 2.]
43.21C.030 Guidelines for state agencies, local
governments—Statements—Reports—Advice—
Information. The legislature authorizes and directs that, to
the fullest extent possible: (1) The policies, regulations, and
laws of the state of Washington shall be interpreted and
administered in accordance with the policies set forth in this
chapter, and (2) all branches of government of this state,
including state agencies, municipal and public corporations,
and counties shall:
(a) Utilize a systematic, interdisciplinary approach which
will insure the integrated use of the natural and social
sciences and the environmental design arts in planning and
in decision making which may have an impact on man’s
environment;
(b) Identify and develop methods and procedures, in
consultation with the department of ecology and the ecological commission, which will insure that presently unquantified
environmental amenities and values will be given appropriate
consideration in decision making along with economic and
technical considerations;
(c) Include in every recommendation or report on
proposals for legislation and other major actions significantly
affecting the quality of the environment, a detailed statement
by the responsible official on:
(i) the environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented;
(iii) alternatives to the proposed action;
(iv) the relationship between local short-term uses of
man’s environment and the maintenance and enhancement of
long-term productivity; and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed action
should it be implemented;
(d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of
any public agency which has jurisdiction by law or special
expertise with respect to any environmental impact involved.
Copies of such statement and the comments and views of the
appropriate federal, province, state, and local agencies, which
are authorized to develop and enforce environmental standards, shall be made available to the governor, the depart[Title 43 RCW—page 138]
ment of ecology, the ecological commission, and the public,
and shall accompany the proposal through the existing agency review processes;
(e) Study, develop, and describe appropriate alternatives
to recommended courses of action in any proposal which
involves unresolved conflicts concerning alternative uses of
available resources;
(f) Recognize the world-wide and long-range character
of environmental problems and, where consistent with state
policy, lend appropriate support to initiatives, resolutions,
and programs designed to maximize international cooperation
in anticipating and preventing a decline in the quality of
mankind’s world environment;
(g) Make available to the federal government, other
states, provinces of Canada, municipalities, institutions, and
individuals, advice and information useful in restoring,
maintaining, and enhancing the quality of the environment;
(h) Initiate and utilize ecological information in the
planning and development of natural resource-oriented
projects. [1971 ex.s. c 109 § 3.]
43.21C.031 Significant impacts. (1) An environmental impact statement (the detailed statement required by
RCW 43.21C.030(2)(c)) shall be prepared on proposals for
legislation and other major actions having a probable
significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate
document. The substantive decisions or recommendations
shall be clearly identifiable in the combined document.
Actions categorically exempt under RCW 43.21C.110(1)(a)
do not require environmental review or the preparation of an
environmental impact statement under this chapter. In a
county, city, or town planning under RCW 36.70A.040, a
planned action, as provided for in subsection (2) of this
section, does not require a threshold determination or the
preparation of an environmental impact statement under this
chapter, but is subject to environmental review and mitigation as provided in this chapter.
An environmental impact statement is required to
analyze only those probable adverse environmental impacts
which are significant. Beneficial environmental impacts may
be discussed. The responsible official shall consult with
agencies and the public to identify such impacts and limit
the scope of an environmental impact statement. The
subjects listed in RCW 43.21C.030(2)(c) need not be treated
as separate sections of an environmental impact statement.
Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of
natural resources, significant alternatives including mitigation
measures, and significant environmental impacts which
cannot be mitigated should be consolidated or included, as
applicable, in those sections of an environmental impact
statement where the responsible official decides they
logically belong.
(2)(a) For purposes of this section, a planned action
means one or more types of project action that:
(i) Are designated planned actions by an ordinance or
resolution adopted by a county, city, or town planning under
RCW 36.70A.040;
(2002 Ed.)
State Environmental Policy
(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in
conjunction with (A) a comprehensive plan or subarea plan
adopted under chapter 36.70A RCW, or (B) a fully contained
community, a master planned resort, a master planned
development, or a phased project;
(iii) Are subsequent or implementing projects for the
proposals listed in (a)(ii) of this subsection;
(iv) Are located within an urban growth area, as defined
in RCW 36.70A.030;
(v) Are not essential public facilities, as defined in
RCW 36.70A.200; and
(vi) Are consistent with a comprehensive plan adopted
under chapter 36.70A RCW.
(b) A county, city, or town shall limit planned actions
to certain types of development or to specific geographical
areas that are less extensive than the jurisdictional boundaries of the county, city, or town and may limit a planned
action to a time period identified in the environmental
impact statement or the ordinance or resolution adopted
under this subsection. [1995 c 347 § 203; 1983 c 117 § 1.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.033 Threshold determination to be made
within ninety days after application is complete. (1)
Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a
completed application within ninety days after the application
and supporting documentation are complete. The applicant
may request an additional thirty days for the threshold
determination. The governmental entity responsible for
making the threshold determination shall by rule, resolution,
or ordinance adopt standards, consistent with rules adopted
by the department to implement this chapter, for determining
when an application and supporting documentation are complete.
(2) This section shall not apply to a city, town, or
county that:
(a) By ordinance adopted prior to April 1, 1992, has
adopted procedures to integrate permit and land use decisions with the requirements of this chapter; or
(b) Is planning under RCW 36.70A.040 and is subject
to the requirements of *RCW 36.70B.090. [1995 c 347 §
422; 1992 c 208 § 1.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1992 c 208 § 1: "Section 1 of this act shall take
effect September 1, 1992." [1992 c 208 § 2.]
43.21C.034 Use of existing documents. Lead
agencies are authorized to use in whole or in part existing
environmental documents for new project or nonproject actions, if the documents adequately address environmental
considerations set forth in RCW 43.21C.030. The prior
proposal or action and the new proposal or action need not
be identical, but must have similar elements that provide a
basis for comparing their environmental consequences such
as timing, types of impacts, alternatives, or geography. The
lead agency shall independently review the content of the
(2002 Ed.)
43.21C.031
existing documents and determine that the information and
analysis to be used is relevant and adequate. If necessary,
the lead agency may require additional documentation to
ensure that all environmental impacts have been adequately
addressed. [1993 c 23 § 1.]
43.21C.035 Certain irrigation projects decisions
exempt from RCW 43.21C.030(2)(c). Decisions pertaining
to applications for appropriation of fifty cubic feet of water
per second or less for irrigation projects promulgated by any
person, private firm, private corporation or private association without resort to subsidy by either state or federal
government pursuant to RCW 90.03.250 through 90.03.340,
as now or hereafter amended, to be used for agricultural
irrigation shall not be subject to the requirements of RCW
43.21C.030(2)(c), as now or hereafter amended. [1974 ex.s.
c 150 § 1.]
43.21C.036 Hazardous substance remedial actions—
Procedural requirements and documents to be integrated.
In conducting a remedial action at a facility pursuant to a
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or if conducted by the department of
ecology, the department of ecology to the maximum extent
practicable shall integrate the procedural requirements and
documents of this chapter with the procedures and documents under chapter 70.105D RCW. Such integration shall
at a minimum include the public participation procedures of
chapter 70.105D RCW and the public notice and review
requirements of this chapter. [1994 c 257 § 21.]
Severability—1994 c 257: See note following RCW 36.70A.270.
43.21C.037 Application of RCW 43.21C.030(2)(c) to
forest practices. (1) Decisions pertaining to applications for
Class I, II, and III forest practices, as defined by rule of the
forest practices board under RCW 76.09.050, are not subject
to the requirements of RCW 43.21C.030(2)(c) as now or
hereafter amended.
(2) When the applicable county, city, or town requires
a license in connection with any proposal involving forest
practices (a) on lands platted after January 1, 1960, as
provided in chapter 58.17 RCW, (b) on lands that have or
are being converted to another use, or (c) on lands which,
pursuant to RCW 76.09.070 as now or hereafter amended,
are not to be reforested because of the likelihood of future
conversion to urban development, then the local government,
rather than the department of natural resources, is responsible for any detailed statement required under RCW
43.21C.030(2)(c).
(3) Those forest practices determined by rule of the
forest practices board to have a potential for a substantial
impact on the environment, and thus to be Class IV practices, require an evaluation by the department of natural resources as to whether or not a detailed statement must be
prepared pursuant to this chapter. The evaluation shall be
made within ten days from the date the department receives
the application. A Class IV forest practice application must
be approved or disapproved by the department within thirty
calendar days from the date the department receives the
application, unless the department determines that a detailed
statement must be made, in which case the application must
[Title 43 RCW—page 139]
43.21C.037
Title 43 RCW: State Government—Executive
be approved or disapproved by the department within sixty
days from the date the department receives the application,
unless the commissioner of public lands, through the
promulgation of a formal order, determines that the process
cannot be completed within such period. This section shall
not be construed to prevent any local or regional governmental entity from determining that a detailed statement must be
prepared for an action regarding a Class IV forest practice
taken by that governmental entity concerning the land on
which forest practices will be conducted. [1997 c 173 § 6;
1983 c 117 § 2; 1981 c 290 § 1.]
43.21C.038 Application of RCW 43.21C.030(2)(c) to
school closures. Nothing in RCW 43.21C.030(2)(c) shall be
construed to require the preparation of an environmental
impact statement or the making of a threshold determination
for any decision or any action commenced subsequent to
September 1, 1982, pertaining to a plan, program, or
decision for the closure of a school or schools or for the
school closure portion of any broader policy, plan or
program by a school district board of directors. [1983 c 109
§ 1.]
43.21C.0381 Application of RCW 43.21C.030(2)(c)
to decisions pertaining to air operating permits. Decisions pertaining to the issuance, renewal, reopening, or
revision of an air operating permit under RCW 70.94.161 are
not subject to the requirements of RCW 43.21C.030(2)(c).
[1995 c 172 § 1.]
43.21C.0382 Application of RCW 43.21C.030(2)(c)
to watershed restoration projects—Fish habitat enhancement projects. Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to
the requirements of RCW 43.21C.030(2)(c). Decisions pertaining to fish habitat enhancement projects meeting the
criteria of *RCW 75.20.350(1) and being reviewed and
approved according to the provisions of *RCW 75.20.350
are not subject to the requirements of RCW
43.21C.030(2)(c). [1998 c 249 § 12; 1995 c 378 § 12.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
43.21C.0383 Application of RCW 43.21C.030(2)(c)
to waste discharge permits. The issuance, reissuance, or
modification of a waste discharge permit that contains
conditions no less stringent than federal effluent limitations
and state rules is not subject to the requirements of RCW
43.21C.030(2)(c). This exemption applies to existing
discharges only and does not apply to new source discharges.
[1996 c 322 § 1.]
43.21C.0384 Application of RCW 43.21C.030(2)(c)
to personal wireless services facilities. (1) Decisions
pertaining to applications to site personal wireless service
facilities are not subject to the requirements of RCW
43.21C.030(2)(c), if those facilities meet the following
requirements:
[Title 43 RCW—page 140]
(a)(i) The facility to be sited is a microcell and is to be
attached to an existing structure that is not a residence or
school and does not contain a residence or a school; or (ii)
the facility includes personal wireless service antennas, other
than a microcell, and is to be attached to an existing structure (that may be an existing tower) that is not a residence
or school and does not contain a residence or a school, and
the existing structure to which it is to be attached is located
in a commercial, industrial, manufacturing, forest, or
agricultural zone; or (iii) the siting project involves constructing a personal wireless service tower less than sixty
feet in height that is located in a commercial, industrial,
manufacturing, forest, or agricultural zone; and
(b) The project is not in a designated environmentally
sensitive area; and
(c) The project does not consist of a series of actions:
(i) Some of which are not categorically exempt; or (ii) that
together may have a probable significant adverse environmental impact.
(2) The department of ecology shall adopt rules to
create a categorical exemption for microcells and other
personal wireless service facilities that meet the conditions
set forth in subsection (1) of this section.
(3) For the purposes of this section:
(a) "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, as defined by
federal laws and regulations.
(b) "Personal wireless service facilities" means facilities
for the provision of personal wireless services.
(c) "Microcell" means a wireless communication facility
consisting of an antenna that is either: (i) Four feet in height
and with an area of not more than five hundred eighty
square inches; or (ii) if a tubular antenna, no more than four
inches in diameter and no more than six feet in length.
[1996 c 323 § 2.]
Findings—1996 c 323: See note following RCW 43.70.600.
43.21C.039 Metals mining and milling operations—
Environmental impact statements required. Notwithstanding any provision in RCW 43.21C.030 and 43.21C.031
to the contrary, an environmental impact statement shall be
prepared for any proposed metals mining and milling
operation as required by RCW 78.56.050. [1994 c 232 §
25.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-31: See RCW
78.56.901.
Disclosures required with SEPA checklist, metals mining and milling
operations: RCW 78.56.040.
43.21C.040 Examination of laws, regulations,
policies by state agencies and local authorities—Report
of deficiencies and corrective measures. All branches of
government of this state, including state agencies, municipal
and public corporations, and counties shall review their
present statutory authority, administrative regulations, and
current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies
therein which prohibit full compliance with the purposes and
provisions of this chapter and shall propose to the governor
(2002 Ed.)
State Environmental Policy
not later than January 1, 1972, such measures as may be
necessary to bring their authority and policies in conformity
with the intent, purposes, and procedures set forth in this
chapter. [1971 ex.s. c 109 § 4.]
43.21C.050 Specific statutory obligations not
affected. Nothing in RCW 43.21C.030 or 43.21C.040 shall
in any way affect the specific statutory obligations of any
agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other
public agency, or (3) to act, or refrain from acting contingent
upon the recommendations or certification of any other public agency. [1971 ex.s. c 109 § 5.]
43.21C.060 Chapter supplementary—Conditioning
or denial of governmental action. The policies and goals
set forth in this chapter are supplementary to those set forth
in existing authorizations of all branches of government of
this state, including state agencies, municipal and public
corporations, and counties. Any governmental action may be
conditioned or denied pursuant to this chapter: PROVIDED,
That such conditions or denials shall be based upon policies
identified by the appropriate governmental authority and
incorporated into regulations, plans, or codes which are
formally designated by the agency (or appropriate legislative
body, in the case of local government) as possible bases for
the exercise of authority pursuant to this chapter. Such
designation shall occur at the time specified by RCW
43.21C.120. Such action may be conditioned only to
mitigate specific adverse environmental impacts which are
identified in the environmental documents prepared under
this chapter. These conditions shall be stated in writing by
the decisionmaker. Mitigation measures shall be reasonable
and capable of being accomplished. In order to deny a
proposal under this chapter, an agency must find that: (1)
The proposal would result in significant adverse impacts
identified in a final or supplemental environmental impact
statement prepared under this chapter; and (2) reasonable
mitigation measures are insufficient to mitigate the identified
impact. Except for permits and variances issued pursuant to
chapter 90.58 RCW, when such a governmental action, not
requiring a legislative decision, is conditioned or denied by
a nonelected official of a local governmental agency, the
decision shall be appealable to the legislative authority of the
acting local governmental agency unless that legislative
authority formally eliminates such appeals. Such appeals
shall be in accordance with procedures established for such
appeals by the legislative authority of the acting local
governmental agency. [1983 c 117 § 3; 1977 ex.s. c 278 §
2; 1971 ex.s. c 109 § 6.]
43.21C.065 Impact fees and fees for system improvements. A person required to pay an impact fee for
system improvements pursuant to RCW 82.02.050 through
82.02.090 shall not be required to pay a fee pursuant to
RCW 43.21C.060 for those same system improvements.
[1992 c 219 § 1.]
43.21C.075 Appeals. (1) Because a major purpose of
this chapter is to combine environmental considerations with
public decisions, any appeal brought under this chapter shall
(2002 Ed.)
43.21C.040
be linked to a specific governmental action. The State
Environmental Policy Act provides a basis for challenging
whether governmental action is in compliance with the
substantive and procedural provisions of this chapter. The
State Environmental Policy Act is not intended to create a
cause of action unrelated to a specific governmental action.
(2) Unless otherwise provided by this section:
(a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental
determinations.
(b) Appeals of environmental determinations made (or
lacking) under this chapter shall be commenced within the
time required to appeal the governmental action which is
subject to environmental review.
(3) If an agency has a procedure for appeals of agency
environmental determinations made under this chapter, such
procedure:
(a) Shall allow no more than one agency appeal proceeding on each procedural determination (the adequacy of
a determination of significance/nonsignificance or of a final
environmental impact statement);
(b) Shall consolidate an appeal of procedural issues and
of substantive determinations made under this chapter (such
as a decision to require particular mitigation measures or to
deny a proposal) with a hearing or appeal on the underlying
governmental action by providing for a single simultaneous
hearing before one hearing officer or body to consider the
agency decision or recommendation on a proposal and any
environmental determinations made under this chapter, with
the exception of:
(i) An appeal of a determination of significance;
(ii) An appeal of a procedural determination made by an
agency when the agency is a project proponent, or is funding
a project, and chooses to conduct its review under this
chapter, including any appeals of its procedural determinations, prior to submitting an application for a project permit;
(iii) An appeal of a procedural determination made by
an agency on a nonproject action; or
(iv) An appeal to the local legislative authority under
RCW 43.21C.060 or other applicable state statutes;
(c) Shall provide for the preparation of a record for use
in any subsequent appeal proceedings, and shall provide for
any subsequent appeal proceedings to be conducted on the
record, consistent with other applicable law. An adequate
record consists of findings and conclusions, testimony under
oath, and taped or written transcript. An electronically
recorded transcript will suffice for purposes of review under
this subsection; and
(d) Shall provide that procedural determinations made
by the responsible official shall be entitled to substantial
weight.
(4) If a person aggrieved by an agency action has the
right to judicial appeal and if an agency has an administrative appeal procedure, such person shall, prior to seeking any
judicial review, use such agency procedure if any such
procedure is available, unless expressly provided otherwise
by state statute.
(5) Some statutes and ordinances contain time periods
for challenging governmental actions which are subject to
review under this chapter, such as various local land use
approvals (the "underlying governmental action"). RCW
43.21C.080 establishes an optional "notice of action"
[Title 43 RCW—page 141]
43.21C.075
Title 43 RCW: State Government—Executive
procedure which, if used, imposes a time period for appealing decisions under this chapter. This subsection does not
modify any such time periods. In this subsection, the term
"appeal" refers to a judicial appeal only.
(a) If there is a time period for appealing the underlying
governmental action, appeals under this chapter shall be
commenced within such time period. The agency shall give
official notice stating the date and place for commencing an
appeal.
(b) If there is no time period for appealing the underlying governmental action, and a notice of action under RCW
43.21C.080 is used, appeals shall be commenced within the
time period specified by RCW 43.21C.080.
(6)(a) Judicial review under subsection (5) of this
section of an appeal decision made by an agency under
subsection (3) of this section shall be on the record, consistent with other applicable law.
(b) A taped or written transcript may be used. If a
taped transcript is to be reviewed, a record shall identify the
location on the taped transcript of testimony and evidence to
be reviewed. Parties are encouraged to designate only those
portions of the testimony necessary to present the issues
raised on review, but if a party alleges that a finding of fact
is not supported by evidence, the party should include in the
record all evidence relevant to the disputed finding. Any
other party may designate additional portions of the taped
transcript relating to issues raised on review. A party may
provide a written transcript of portions of the testimony at
the party’s own expense or apply to that court for an order
requiring the party seeking review to pay for additional
portions of the written transcript.
(c) Judicial review under this chapter shall without
exception be of the governmental action together with its
accompanying environmental determinations.
(7) Jurisdiction over the review of determinations under
this chapter in an appeal before an agency or superior court
shall upon consent of the parties be transferred in whole or
part to the shorelines hearings board. The shorelines
hearings board shall hear the matter and sign the final order
expeditiously. The superior court shall certify the final order
of the shorelines hearings board and the certified final order
may only be appealed to an appellate court. In the case of
an appeal under this chapter regarding a project or other
matter that is also the subject of an appeal to the shorelines
hearings board under chapter 90.58 RCW, the shorelines
hearings board shall have sole jurisdiction over both the
appeal under this section and the appeal under chapter 90.58
RCW, shall consider them together, and shall issue a final
order within one hundred eighty days as provided in RCW
90.58.180.
(8) For purposes of this section and RCW 43.21C.080,
the words "action", "decision", and "determination" mean
substantive agency action including any accompanying
procedural determinations under this chapter (except where
the word "action" means "appeal" in RCW 43.21C.080(2)).
The word "action" in this section and RCW 43.21C.080 does
not mean a procedural determination by itself made under
this chapter. The word "determination" includes any
environmental document required by this chapter and state
or local implementing rules. The word "agency" refers to
any state or local unit of government. Except as provided in
[Title 43 RCW—page 142]
subsection (5) of this section, the word "appeal" refers to
administrative, legislative, or judicial appeals.
(9) The court in its discretion may award reasonable
attorneys’ fees of up to one thousand dollars in the aggregate
to the prevailing party, including a governmental agency, on
issues arising out of this chapter if the court makes specific
findings that the legal position of a party is frivolous and
without reasonable basis. [1997 c 429 § 49; 1995 c 347 §
204; 1994 c 253 § 4; 1983 c 117 § 4.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.080 Notice of action by governmental
agency—How publicized—Time limitation for commencing challenge to action. (1) Notice of any action taken by
a governmental agency may be publicized by the acting
governmental agency, the applicant for, or the proponent of
such action, in substantially the form as set forth in rules
adopted under RCW 43.21C.110:
(a) By publishing notice on the same day of each week
for two consecutive weeks in a legal newspaper of general
circulation in the area where the property which is the
subject of the action is located;
(b) By filing notice of such action with the department
of ecology at its main office in Olympia prior to the date of
the last newspaper publication; and
(c) Except for those actions which are of a nonproject
nature, by one of the following methods which shall be
accomplished prior to the date of first newspaper publication;
(i) Mailing to the latest recorded real property owners,
as shown by the records of the county treasurer, who share
a common boundary line with the property upon which the
project is proposed through United States mail, first class,
postage prepaid.
(ii) Posting of the notice in a conspicuous manner on
the property upon which the project is to be constructed.
(2)(a) Except as otherwise provided in RCW
43.21C.075(5)(a), any action to set aside, enjoin, review, or
otherwise challenge any such governmental action or subsequent governmental action for which notice is given as
provided in subsection (1) of this section on grounds of
noncompliance with the provisions of this chapter shall be
commenced within twenty-one days from the date of last
newspaper publication of the notice pursuant to subsection
(1) of this section, or be barred.
(b) Any subsequent governmental action on the proposal
for which notice has been given as provided in subsection
(1) of this section shall not be set aside, enjoined, reviewed,
or otherwise challenged on grounds of noncompliance with
the provisions of RCW 43.21C.030(2)(a) through (h) unless
there has been a substantial change in the proposal between
the time of the first governmental action and the subsequent
governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was
identified in an earlier detailed statement or declaration of
nonsignificance as being one which would require further
environmental evaluation. [1995 c 347 § 205; 1977 ex.s. c
278 § 1; 1974 ex.s. c 179 § 2; 1973 1st ex.s. c 179 § 2.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
(2002 Ed.)
State Environmental Policy
Purpose—1974 ex.s. c 179: "The purpose of this 1974 amendatory
act is to establish methods and means of providing for full implementation
of chapter 43.21C RCW (the state environmental policy act of 1971) in a
manner which reduces duplicative and wasteful practices, establishes
effective and uniform procedures, encourages public involvement, and
promotes certainty with respect to the requirements of the act." [1974 ex.s.
c 179 § 1.]
Effective date—1973 1st ex.s. c 179: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions and shall take
effect on July 1, 1973: PROVIDED, HOWEVER, That prior thereto, the
department of ecology may take such actions, including the issuing of
notices and the conduct of public hearing, as are necessary to insure the
implementation of section 1 of this act." [1973 1st ex.s. c 179 § 4.]
43.21C.087 List of filings required by RCW
43.21C.080. The department of ecology shall prepare a list
of all filings required by RCW 43.21C.080 each week and
shall make such list available to any interested party. The
list of filings shall include a brief description of the governmental action and the project involved in such action, along
with the location of where information on the project or
action may be obtained. Failure of the department to include
any project or action shall not affect the running of the statute of limitations provided in RCW 43.21C.080. [1974 ex.s.
c 179 § 14.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.090 Decision of governmental agency to be
accorded substantial weight. In any action involving an
attack on a determination by a governmental agency relative
to the requirement or the absence of the requirement, or the
adequacy of a "detailed statement", the decision of the
governmental agency shall be accorded substantial weight.
[1973 1st ex.s. c 179 § 3.]
Effective date—1973 1st ex.s. c 179: See note following RCW
43.21C.080.
43.21C.095 State environmental policy act rules to
be accorded substantial deference. The rules promulgated
under RCW 43.21C.110 shall be accorded substantial deference in the interpretation of this chapter. [1983 c 117 §
5.]
43.21C.110 Content of state environmental policy
act rules. It shall be the duty and function of the department of ecology:
(1) To adopt and amend thereafter rules of interpretation
and implementation of this chapter, subject to the requirements of chapter 34.05 RCW, for the purpose of providing
uniform rules and guidelines to all branches of government
including state agencies, political subdivisions, public and
municipal corporations, and counties. The proposed rules
shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of
the proposed rules shall be considered on their merits, and
the department shall have the authority and responsibility for
full and appropriate independent promulgation and adoption
of rules, assuring consistency with this chapter as amended
and with the preservation of protections afforded by this
chapter. The rule-making powers authorized in this section
shall include, but shall not be limited to, the following
phases of interpretation and implementation of this chapter:
(2002 Ed.)
43.21C.080
(a) Categories of governmental actions which are not to
be considered as potential major actions significantly
affecting the quality of the environment, including categories
pertaining to applications for water right permits pursuant to
chapters 90.03 and 90.44 RCW. The types of actions
included as categorical exemptions in the rules shall be
limited to those types which are not major actions significantly affecting the quality of the environment. The rules
shall provide for certain circumstances where actions which
potentially are categorically exempt require environmental
review. An action that is categorically exempt under the
rules adopted by the department may not be conditioned or
denied under this chapter.
(b) Rules for criteria and procedures applicable to the
determination of when an act of a branch of government is
a major action significantly affecting the quality of the
environment for which a detailed statement is required to be
prepared pursuant to RCW 43.21C.030.
(c) Rules and procedures applicable to the preparation
of detailed statements and other environmental documents,
including but not limited to rules for timing of environmental
review, obtaining comments, data and other information, and
providing for and determining areas of public participation
which shall include the scope and review of draft environmental impact statements.
(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and
as short as practicable; statements are required to analyze
only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.
(e) Rules and procedures for public notification of
actions taken and documents prepared.
(f) Definition of terms relevant to the implementation of
this chapter including the establishment of a list of elements
of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for
those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall
consist of the "natural" and "built" environment. The
elements of the built environment shall consist of public
services and utilities (such as water, sewer, schools, fire and
police protection), transportation, environmental health (such
as explosive materials and toxic waste), and land and
shoreline use (including housing, and a description of the
relationships with land use and shoreline plans and designations, including population).
(g) Rules for determining the obligations and powers
under this chapter of two or more branches of government
involved in the same project significantly affecting the
quality of the environment.
(h) Methods to assure adequate public awareness of the
preparation and issuance of detailed statements required by
RCW 43.21C.030(2)(c).
(i) To prepare rules for projects setting forth the time
limits within which the governmental entity responsible for
the action shall comply with the provisions of this chapter.
(j) Rules for utilization of a detailed statement for more
than one action and rules improving environmental analysis
of nonproject proposals and encouraging better interagency
coordination and integration between this chapter and other
environmental laws.
[Title 43 RCW—page 143]
43.21C.110
Title 43 RCW: State Government—Executive
(k) Rules relating to actions which shall be exempt from
the provisions of this chapter in situations of emergency.
(l) Rules relating to the use of environmental documents
in planning and decision making and the implementation of
the substantive policies and requirements of this chapter,
including procedures for appeals under this chapter.
(m) Rules and procedures that provide for the integration of environmental review with project review as provided
in RCW 43.21C.240. The rules and procedures shall be
jointly developed with the department of community, trade,
and economic development and shall be applicable to the
preparation of environmental documents for actions in
counties, cities, and towns planning under RCW 36.70A.040.
The rules and procedures shall also include procedures and
criteria to analyze planned actions under RCW
43.21C.031(2) and revisions to the rules adopted under this
section to ensure that they are compatible with the requirements and authorizations of chapter 347, Laws of 1995, as
amended by chapter 429, Laws of 1997. Ordinances or
procedures adopted by a county, city, or town to implement
the provisions of chapter 347, Laws of 1995 prior to the
effective date of rules adopted under this subsection (1)(m)
shall continue to be effective until the adoption of any new
or revised ordinances or procedures that may be required.
If any revisions are required as a result of rules adopted
under this subsection (1)(m), those revisions shall be made
within the time limits specified in RCW 43.21C.120.
(2) In exercising its powers, functions, and duties under
this section, the department may:
(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation
organizations, state and local governments, and other groups,
as it deems advisable; and
(b) Utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information)
of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense,
overlap, or conflict with similar activities authorized by law
and performed by established agencies.
(3) Rules adopted pursuant to this section shall be
subject to the review procedures of chapter 34.05 RCW.
[1997 c 429 § 47; 1995 c 347 § 206; 1983 c 117 § 7; 1974
ex.s. c 179 § 6.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.120 Rules, ordinances, resolutions and
regulations—Adoption—Effective dates. (1) All agencies
of government of this state are directed, consistent with rules
and guidelines adopted under RCW 43.21C.110, including
any revisions, to adopt rules pertaining to the integration of
the policies and procedures of this chapter (the state environmental policy act of 1971), into the various programs under
their jurisdiction for implementation. Designation of polices
[policies] under RCW 43.21C.060 and adoption of rules
required under this section shall take place not later than one
hundred eighty days after the effective date of rules and
guidelines adopted pursuant to RCW 43.21C.110, or after the
establishment of an agency, whichever shall occur later.
[Title 43 RCW—page 144]
(2) Rules adopted by state agencies under subsection (1)
of this section shall be adopted in accordance with the
provisions of chapter 34.05 RCW and shall be subject to the
review procedures of RCW *34.05.538 and 34.05.240.
(3) All public and municipal corporations, political
subdivisions, and counties of this state are directed, consistent with rules and guidelines adopted under RCW
43.21C.110, including any revisions, to adopt rules, ordinances, or resolutions pertaining to the integration of the
policies and procedures of this chapter (the state environmental policy act of 1971), into the various programs under
their jurisdiction for implementation. Designation of policies
under RCW 43.21C.060 and adoption of the rules required
under this section shall take place not later than one hundred
eighty days after the effective date of rules and guidelines
adopted pursuant to RCW 43.21C.110, or after the establishment of the governmental entity, whichever shall occur later.
(4) Ordinances or regulations adopted prior to the
effective date of rules and guidelines adopted pursuant to
RCW 43.21C.110 shall continue to be effective until the
adoptions of any new or revised ordinances or regulations
which may be required: PROVIDED, That revisions
required by this section as a result of rule changes under
RCW 43.21C.110 are made within the time limits specified
by this section. [1983 c 117 § 8; 1974 ex.s. c 179 § 8.]
*Reviser’s note: RCW 34.05.538 was repealed by 1989 c 175 § 185,
effective July 1, 1989.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.130 Model ordinances. The department of
ecology, in consultation with concerned state agencies, shall
with the assistance of the associations of county prosecutors
and city attorneys, the association of county elected officials,
the Washington state association of counties, and the association of cities, draft model ordinances for use by counties,
cities and towns in drafting their ordinances under this
chapter. [1974 ex.s. c 179 § 10.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.135 Authority of local governmental units to
adopt rules, guidelines and model ordinances by reference. (1) All public and municipal corporations, political
subdivisions, and counties of the state are authorized to
adopt rules, ordinances, and resolutions which incorporate
any of the following by reference to the appropriate sections
of the Washington Administrative Code:
(a) Rules and guidelines adopted under RCW
43.21C.110(1) in accordance with the administrative procedure act, chapter 34.05 RCW;
(b) Model ordinances adopted by the department of
ecology under RCW 43.21C.130 in accordance with the
administrative procedure act, chapter 34.05 RCW.
(2) If any rule, ordinance, or resolution is adopted by
reference pursuant to subsection (1) of this section, any
publication of such rule, ordinance, or resolution shall be
accompanied by a summary of the contents of the sections
of the Washington Administrative Code referred to. Such
summaries shall be provided to the adopting units of local
government by the department of ecology: PROVIDED,
That any proposal for a rule, ordinance or resolution which
would adopt by reference rules and guidelines or model
(2002 Ed.)
State Environmental Policy
ordinances pursuant to this section shall be accompanied by
the full text of the material to be adopted which need not be
published but shall be maintained on file for public use and
examination.
(3) Whenever any rule, ordinance, or resolution is
adopted by reference pursuant to subsection (1) of this
section, the corporation, political subdivision, or county of
the state adopting the rule, ordinance, or resolution shall
maintain on file for public use and examination not less than
three copies of the sections of the Washington Administrative Code referred to. [1975-’76 2nd ex.s. c 99 § 1.]
43.21C.150 RCW 43.21C.030(2)(c) inapplicable
when statement previously prepared pursuant to national
environmental policy act. The requirements of RCW
43.21C.030(2)(c) pertaining to the preparation of a detailed
statement by branches of government shall not apply when
an adequate detailed statement has been previously prepared
pursuant to the national environmental policy act of 1969, in
which event said prepared statement may be utilized in lieu
of a separately prepared statement under RCW
43.21C.030(2)(c). [1975 1st ex.s. c 206 § 1; 1974 ex.s. c
179 § 12.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.160 Utilization of statement prepared under
RCW 43.21C.030 to implement *chapter 90.62 RCW—
Utilization of *chapter 90.62 RCW procedures to satisfy
RCW 43.21C.030(2)(c). In the implementation of *chapter
90.62 RCW (the Environmental Coordination Procedures Act
of 1973), the department of ecology, consistent with guidelines adopted by the council shall adopt rules which insure
that one detailed statement prepared under RCW 43.21C.030
may be utilized by all branches of government participating
in the processing of a master application. Whenever the
procedures established pursuant to *chapter 90.62 RCW are
used, those procedures shall be utilized wherever possible to
satisfy the procedural requirements of RCW
43.21C.030(2)(c). The time limits for challenges provided
for in RCW 43.21C.080(2) shall be applicable when such
procedures are so utilized. [1974 ex.s. c 179 § 13.]
*Reviser’s note: Chapter 90.62 RCW was repealed by 1995 c 347
§ 619.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.165 Challenges to consistency of rules
adopted pursuant to RCW 43.21C.110 and 43.21C.160—
Procedure—Finality. See RCW 43.21B.250.
43.21C.170 Council on environmental policy. The
legislature may establish a council on environmental policy
to review and assist in the implementation of this chapter.
[1983 c 117 § 6; 1974 ex.s. c 179 § 4. Formerly RCW
43.21C.100.]
43.21C.175 Council on environmental policy—
Personnel. The council may employ such personnel as are
necessary for the performances of its duties. [1974 ex.s. c
179 § 5. Formerly RCW 43.21C.105.]
(2002 Ed.)
43.21C.135
43.21C.210 Certain actions during state of emergency exempt from chapter. This chapter does not apply to
actions authorized by RCW 43.37.215 and 43.37.220 which
are undertaken during a state of emergency declared by the
governor under RCW 43.06.210. [1981 c 278 § 4.]
43.21C.220 Incorporation of city or town exempt
from chapter. The incorporation of a city or town is
exempted from compliance with this chapter. [1982 c 220
§ 6.]
Severability—1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from chapter: RCW 36.93.170.
43.21C.222 Annexation by city or town exempt
from chapter. Annexation of territory by a city or town is
exempted from compliance with this chapter. [1994 c 216
§ 19.]
Effective date—1994 c 216: See note following RCW 35.02.015.
43.21C.225 Consolidation and annexation of cities
and towns exempt from chapter. Consolidations of cities
or towns, and the annexations of all of a city or town by
another city or town, are exempted from compliance with
this chapter. [1985 c 281 § 29.]
Severability—1985 c 281: See RCW 35.10.905.
43.21C.227 Disincorporation of a city or town or
reduction of city or town limits exempt from chapter. (1)
The disincorporation of a city or town is exempt from
compliance with this chapter.
(2) The reduction of city or town limits is exempt from
compliance with this chapter. [2002 c 93 § 2.]
Intent—2002 c 93: "Incorporations and annexations are exempt from
the state environmental policy act. However, there are no comparable
exemptions for reductions of city limits or disincorporations. It is the
legislature’s intent to provide that a reduction in city limits or disincorporation is not subject to the state environmental policy act." [2002 c 93 § 1.]
43.21C.230 Development and adoption of plan
under chapter 43.180 RCW exempt from chapter. This
chapter does not apply to the development or adoption of the
plan required to be developed and adopted under chapter
43.180 RCW. [1983 c 161 § 29.]
Severability—Effective dates—1983 c 161: See RCW 43.180.903
and 43.180.904.
43.21C.240 Project review under the growth
management act. (1) If the requirements of subsection (2)
of this section are satisfied, a county, city, or town reviewing
a project action may determine that the requirements for
environmental analysis, protection, and mitigation measures
in the county, city, or town’s development regulations and
comprehensive plans adopted under chapter 36.70A RCW,
and in other applicable local, state, or federal laws and rules
provide adequate analysis of and mitigation for the specific
adverse environmental impacts of the project action to which
the requirements apply.
(2) A county, city, or town may make the determination
provided for in subsection (1) of this section if:
(a) In the course of project review, including any
required environmental analysis, the local government
[Title 43 RCW—page 145]
43.21C.240
Title 43 RCW: State Government—Executive
considers the specific probable adverse environmental
impacts of the proposed action and determines that these
specific impacts are adequately addressed by the development regulations or other applicable requirements of the
comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and
(b) The local government bases or conditions its
approval on compliance with these requirements or mitigation measures.
(3) If a county, city, or town’s comprehensive plans,
subarea plans, and development regulations adequately
address a project’s probable specific adverse environmental
impacts, as determined under subsections (1) and (2) of this
section, the county, city, or town shall not impose additional
mitigation under this chapter during project review. Project
review shall be integrated with environmental analysis under
this chapter.
(4) A comprehensive plan, subarea plan, or development
regulation shall be considered to adequately address an
impact if the county, city, or town, through the planning and
environmental review process under chapter 36.70A RCW
and this chapter, has identified the specific adverse environmental impacts and:
(a) The impacts have been avoided or otherwise
mitigated; or
(b) The legislative body of the county, city, or town has
designated as acceptable certain levels of service, land use
designations, development standards, or other land use
planning required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental
impact has been addressed by an existing rule or law of
another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the
county, city, or town shall consult orally or in writing with
that agency and may expressly defer to that agency. In
making this deferral, the county, city, or town shall base or
condition its project approval on compliance with these other
existing rules or laws.
(6) Nothing in this section limits the authority of an
agency in its review or mitigation of a project to adopt or
otherwise rely on environmental analyses and requirements
under other laws, as provided by this chapter.
(7) This section shall apply only to a county, city, or
town planning under RCW 36.70A.040. [1995 c 347 § 202.]
Findings—Intent—1995 c 347 § 202: "(1) The legislature finds in
adopting RCW 43.21C.240 that:
(a) Comprehensive plans and development regulations adopted by
counties, cities, and towns under chapter 36.70A RCW and environmental
laws and rules adopted by the state and federal government have addressed
a wide range of environmental subjects and impacts. These plans,
regulations, rules, and laws often provide environmental analysis and
mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.
(b) Existing plans, regulations, rules, or laws provide environmental
analysis and measures that avoid or otherwise mitigate the probable specific
adverse environmental impacts of proposed projects should be integrated
with, and should not be duplicated by, environmental review under chapter
43.21C RCW.
(c) Proposed projects should continue to receive environmental review,
which should be conducted in a manner that is integrated with and does not
duplicate other requirements. Project-level environmental review should be
used to: (i) Review and document consistency with comprehensive plans
and development regulations; (ii) provide prompt and coordinated review by
government agencies and the public on compliance with applicable
environmental laws and plans, including mitigation for specific project
[Title 43 RCW—page 146]
impacts that have not been considered and addressed at the plan or
development regulation level; and (iii) ensure accountability by local
government to applicants and the public for requiring and implementing
mitigation measures.
(d) When a project permit application is filed, an agency should
analyze the proposal’s environmental impacts, as required by applicable
regulations and the environmental review process required by this chapter,
in one project review process. The project review process should include
land use, environmental, public, and governmental review, as provided by
the applicable regulations and the rules adopted under this chapter, so that
documents prepared under different requirements can be reviewed together
by the public and other agencies. This project review will provide an
agency with the information necessary to make a decision on the proposed
project.
(e) Through this project review process: (i) If the applicable
regulations require studies that adequately analyze all of the project’s
specific probable adverse environmental impacts, additional studies under
this chapter will not be necessary on those impacts; (ii) if the applicable
regulations require measures that adequately address such environmental
impacts, additional measures would likewise not be required under this
chapter; and (iii) if the applicable regulations do not adequately analyze or
address a proposal’s specific probable adverse environmental impacts, this
chapter provides the authority and procedures for additional review.
(2) The legislature intends that a primary role of environmental review
under chapter 43.21C RCW is to focus on the gaps and overlaps that may
exist in applicable laws and requirements related to a proposed action. The
review of project actions conducted by counties, cities, and towns planning
under RCW 36.70A.040 should integrate environmental review with project
review. Chapter 43.21C RCW should not be used as a substitute for other
land use planning and environmental requirements." [1995 c 347 § 201.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.250 Forest practices board—Emergency
rules—Exempt from chapter. The duration and process for
adopting emergency rules by the forest practices board
pertaining to forest practices and the protection of aquatic
resources as provided in RCW 76.09.055 are exempt from
the procedural requirements of this chapter. [1999 sp.s. c 4
§ 203.]
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note
following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
43.21C.260 Certain actions not subject to RCW
43.21C.030(2)(c)—Threshold determination on a watershed analysis. (1) Decisions pertaining to the following
kinds of actions under chapter 4, Laws of 1999 sp. sess. are
not subject to any procedural requirements implementing
RCW 43.21C.030(2)(c): (a) Approval of forest road maintenance and abandonment plans under chapter 76.09 RCW and
*RCW 75.20.100; (b) approval by the department of natural
resources of future timber harvest schedules involving eastside clear cuts under rules implementing chapter 76.09
RCW; (c) acquisitions of forest lands in stream channel
migration zones under RCW 76.09.040; and (d) acquisitions
of conservation easements pertaining to forest lands in
riparian zones under RCW 76.13.120.
(2) For purposes of the department’s threshold determination on a watershed analysis, the department shall not
make a determination of significance unless the prescriptions
themselves, compared to rules or prescriptions in place prior
to the analysis, will cause probable significant adverse
impact on elements of the environment other than those
addressed in the watershed analysis process. Nothing in this
subsection shall be construed to effect the outcome of
(2002 Ed.)
State Environmental Policy
pending litigation regarding the department’s authority in
making a threshold determination on a watershed analysis.
[1999 sp.s. c 4 § 1201.]
*Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100
pursuant to 2000 c 107 § 129.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
43.21C.270 Certain secure community transition
facilities not subject to this chapter. (Expires June 30,
2009.) An emergency has been caused by the need to
expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW.
To meet this emergency, secure community transition facilities sited pursuant to the preemption provisions of RCW
71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the
provisions of this chapter.
This section expires June 30, 2009. [2002 c 68 § 12.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
43.21C.300 Workshops—Handbook. The department of ecology shall conduct annual statewide workshops
and publish an annual state environmental policy act handbook or supplement to assist persons in complying with the
provisions of this chapter and the implementing rules. The
workshops and handbook shall include, but not be limited to,
measures to assist in preparation, processing, and review of
environmental documents, relevant court decisions affecting
this chapter or rules adopted under this chapter, legislative
changes to this chapter, administrative changes to the rules,
and any other information which will assist in orderly
implementation of this chapter and rules.
The department shall develop the handbook and conduct
the workshops in cooperation with, but not limited to, state
agencies, the association of Washington cities, the Washington association of counties, educational institutions, and other
groups or associations interested in the state environmental
policy act. [1983 c 117 § 9.]
43.21C.400 Unfinished nuclear power projects—
Council action exempt from this chapter. Council actions
pursuant to the transfer of the site or portions of the site
under RCW 80.50.300 are exempt from the provisions of
this chapter. [1996 c 4 § 4.]
Severability—Effective date—1996 c 4: See RCW 80.50.903 and
80.50.904.
Energy facility site evaluation council: RCW 80.50.030.
43.21C.900 Short title. This chapter shall be known
and may be cited as the "State Environmental Policy Act" or
"SEPA". [1995 c 347 § 207; 1971 ex.s. c 109 § 7.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.910 Severability—1974 ex.s. c 179. If any
provision of this 1974 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1974 ex.s. c 179 § 16.]
(2002 Ed.)
43.21C.260
43.21C.911 Section headings not part of law—1983
c 117. Section headings as used in this act do not constitute
any part of the law. [1983 c 117 § 14.]
43.21C.912 Applicability—1983 c 117. Sections 3
and 4 of this act apply to agency decisions and to appeal
proceedings prospectively only and not retrospectively.
Sections 1, 5, 6, 7, and 8 of this act may be applied by
agencies retrospectively. [1983 c 117 § 15.]
43.21C.913 Severability—1983 c 117. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 c 117 § 16.]
43.21C.914 Effective dates—1983 c 117. (1)
Sections 1, 2, and 4 through 16 of this act are necessary for
the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing
public institutions, and shall take effect immediately [April
23, 1983].
(2) Section 3 of this act shall take effect one hundred
eighty days after the remainder of this act goes into effect
under subsection (1) of this section. [1983 c 117 § 17.]
Chapter 43.21E
GRASS BURNING RESEARCH
ADVISORY COMMITTEE
Sections
43.21E.010 Committee created—Members.
43.21E.020 Duties of committee.
43.21E.030 Travel expenses.
43.21E.900 Termination and dissolution of committee.
43.21E.905 Reactivation of committee—Application of chapter.
43.21E.910 Severability—1975 1st ex.s. c 44.
Grass burning permits, etc.: RCW 70.94.650 through 70.94.656.
43.21E.010 Committee created—Members. Within
thirty days of May 15, 1975 the director of the Washington
state department of ecology shall appoint a grass burning
research advisory committee consisting of five voting
members.
Two members shall be grass growers selected from the
area of the state east of the Cascade mountain range, one
representing irrigated and one representing dryland growing
areas. One member shall be a grass grower selected from
the area of the state west of the Cascade mountain range.
One member shall be a representative of the Washington
state department of agriculture, and one member shall
represent the public, and may be selected at large. The
committee shall select its own chairman. The state department of ecology shall provide an ex officio, nonvoting
member to the committee to act as secretary. [1975 1st ex.s.
c 44 § 1.]
43.21E.020 Duties of committee. The grass burning
research advisory committee as provided for in RCW
43.21E.010 shall solicit and review research proposals for reducing or to develop alternates to open burning of grass
[Title 43 RCW—page 147]
43.21E.020
Title 43 RCW: State Government—Executive
fields. The committee shall advise and make recommendations to the director of the Washington state department of
ecology regarding research priorities and the expenditure of
mandatory research permit fees and such other grass burning
research funds that may be provided by the legislature or
from any other sources. [1975 1st ex.s. c 44 § 2.]
43.21E.030 Travel expenses. Travel expenses shall
be paid to the grass burning research advisory committee
members not otherwise employed by the state for meetings
called by the director of the department of ecology in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended upon vouchers approved by
said director and paid from funds budgeted for operation
purposes of the state department of ecology. [1975-’76 2nd
ex.s. c 34 § 102; 1975 1st ex.s. c 44 § 3.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.21E.900 Termination and dissolution of committee. It is the intent and purpose of this chapter that as soon
as an alternative means of grass burning is developed for the
state, or by January 1, 1980, whichever is sooner the grass
burning research advisory committee shall be dissolved and
its actions terminated, and the director of the state department of ecology shall see that such purpose is so carried out.
[1975 1st ex.s. c 44 § 4.]
43.21E.905 Reactivation of committee—Application
of chapter. Notwithstanding RCW 43.21E.900, within thirty
days or after June 30, 1982, the director shall reactivate the
grass burning research advisory committee by appointing
new members to the committee. The provisions of this
chapter, other than RCW 43.21E.900, shall apply to the
reactivated committee. [1982 c 163 § 15.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
43.21E.910 Severability—1975 1st ex.s. c 44. If any
provision of this 1975 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 44 § 6.]
Chapter 43.21F
STATE ENERGY OFFICE
Sections
43.21F.010
43.21F.015
43.21F.025
43.21F.045
43.21F.055
43.21F.060
43.21F.090
43.21F.400
Legislative finding and declaration.
State policy.
Definitions.
Duties of department—Transfer of powers and duties relating to energy education, applied research, technology
transfer, and energy efficiency in public buildings.
Intervention in certain regulatory proceedings prohibited—
Application to energy facility site evaluation council—
Avoidance of duplication of activity.
Additional duties and authority of department—Obtaining
information—Confidentiality, penalty—Receiving and
expending funds.
State energy strategy—Review and report to legislature.
Western interstate nuclear compact—Entered into—Terms.
[Title 43 RCW—page 148]
43.21F.405 Western interstate nuclear compact—State board member—
Appointment, term—May designate representative.
43.21F.410 Western interstate nuclear compact—State and local agencies and officers to cooperate.
43.21F.415 Western interstate nuclear compact—Bylaws, amendments
to, filed with secretary of state.
43.21F.420 Western interstate nuclear compact—Application of state
laws, benefits, when persons dispatched to another state.
43.21F.010 Legislative finding and declaration. The
legislature finds and declares that it is the continuing purpose
of state government, consistent with other essential considerations of state policy, to foster wise and efficient energy use
and to promote energy self-sufficiency through the use of
indigenous and renewable energy sources, consistent with the
promotion of reliable energy sources, the general welfare,
and the protection of environmental quality. [1975-’76 2nd
ex.s. c 108 § 1.]
Severability—1975-’76 2nd ex.s. c 108: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 108
§ 45.]
Effective date—1975-’76 2nd ex.s. c 108: "This 1976 amendatory
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect March 15, 1976." [1975-’76 2nd ex.s. c
108 § 46.]
43.21F.015 State policy. It is the policy of the state
of Washington that:
(1) The development and use of a diverse array of
energy resources with emphasis on renewable energy
resources shall be encouraged;
(2) The supply of energy shall be sufficient to insure the
health and economic welfare of its citizens;
(3) The development and use of energy resources shall
be consistent with the statutory environmental policies of the
state;
(4) Energy conservation and elimination of wasteful and
uneconomic uses of energy and materials shall be encouraged, and this conservation should include, but is not limited
to, resource recovery and materials recycling;
(5) In energy emergency shortage situations, energy
requirements to maintain the public health, safety, and
welfare shall be given priority in the allocation of energy
resources, and citizens and industry shall be assisted in adjusting to the limited availability of energy in order to
minimize adverse impacts on their physical, social, and
economic well being;
(6) State government shall provide a source of impartial
and objective information in order that this energy policy
may be enhanced; and
(7) The state energy strategy shall provide primary
guidance for implementation of the state’s energy policy.
[1994 c 207 § 3; 1981 c 295 § 1.]
Finding—1994 c 207: See note following RCW 43.21F.025.
43.21F.025 Definitions. (1) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid
carbonaceous fuels; fissionable nuclear material; electricity;
solar radiation; geothermal resources; hydropower; organic
waste products; wind; tidal activity; any other substance or
process used to produce heat, light, or motion; or the savings
(2002 Ed.)
State Energy Office
from nongeneration technologies, including conservation or
improved efficiency in the usage of any of the sources
described in this subsection;
(2) "Person" means an individual, partnership, joint
venture, private or public corporation, association, firm,
public service company, political subdivision, municipal
corporation, government agency, public utility district, joint
operating agency, or any other entity, public or private,
however organized;
(3) "Director" means the director of the department of
community, trade, and economic development;
(4) "Assistant director" means the assistant director of
the department of community, trade, and economic development responsible for energy policy activities;
(5) "Department" means the department of community,
trade, and economic development;
(6) "Distributor" means any person, private corporation,
partnership, individual proprietorship, utility, including
investor-owned utilities, municipal utility, public utility
district, joint operating agency, or cooperative, which
engages in or is authorized to engage in the activity of
generating, transmitting, or distributing energy in this state;
and
(7) "State energy strategy" means the document and
energy policy direction developed under section 1, chapter
201, Laws of 1991 including any related appendices. [1996
c 186 § 102; 1994 c 207 § 2; 1987 c 330 § 501; 1981 c 295
§ 2.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Finding—1994 c 207: "The legislature finds that the state energy
strategy presented to the legislature in 1993 was developed by a dedicated
and talented committee of hard-working representatives of the industries and
people of this state and that the strategy document should serve to guide
energy-related policy decisions by the legislature and other entities within
this region." [1994 c 207 § 1.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
43.21F.045 Duties of department—Transfer of
powers and duties relating to energy education, applied
research, technology transfer, and energy efficiency in
public buildings. (1) The department shall supervise and
administer energy-related activities as specified in RCW
43.330.904 and shall advise the governor and the legislature
with respect to energy matters affecting the state.
(2) In addition to other powers and duties granted to the
department, the department shall have the following powers
and duties:
(a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The
plans shall conform to chapter 43.21G RCW and shall
include procedures for determining when these shortages or
emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various
agencies and officers of state government in order to reduce
hardship and maintain the general welfare during these
emergencies. The department shall coordinate the activities
undertaken pursuant to this subsection with other persons.
The components of plans that require legislation for their
implementation shall be presented to the legislature in the
form of proposed legislation at the earliest practicable date.
The department shall report to the governor and the legisla(2002 Ed.)
43.21F.025
ture on probable, imminent, and existing energy shortages,
and shall administer energy allocation and curtailment
programs in accordance with chapter 43.21G RCW.
(b) Establish and maintain a central repository in state
government for collection of existing data on energy resources, including:
(i) Supply, demand, costs, utilization technology, projections, and forecasts;
(ii) Comparative costs of alternative energy sources,
uses, and applications; and
(iii) Inventory data on energy research projects in the
state conducted under public and/or private auspices, and the
results thereof.
(c) Coordinate federal energy programs appropriate for
state-level implementation, carry out such energy programs
as are assigned to it by the governor or the legislature, and
monitor federally funded local energy programs as required
by federal or state regulations.
(d) Develop energy policy recommendations for consideration by the governor and the legislature.
(e) Provide assistance, space, and other support as may
be necessary for the activities of the state’s two representatives to the Pacific northwest electric power and conservation
planning council. To the extent consistent with federal law,
the director shall request that Washington’s council members
request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with
the support as provided in the Pacific Northwest Electric
Power Planning and Conservation Act (P.L. 96-501).
(f) Cooperate with state agencies, other governmental
units, and private interests in the prioritization and implementation of the state energy strategy elements and on other
energy matters.
(g) Serve as the official state agency responsible for
coordinating implementation of the state energy strategy.
(h) No later than December 1, 1982, and by December
1st of each even-numbered year thereafter, prepare and
transmit to the governor and the appropriate committees of
the legislature a report on the implementation of the state
energy strategy and other important energy issues, as
appropriate.
(i) Provide support for increasing cost-effective energy
conservation, including assisting in the removal of impediments to timely implementation.
(j) Provide support for the development of cost-effective
energy resources including assisting in the removal of
impediments to timely construction.
(k) Adopt rules, under chapter 34.05 RCW, necessary to
carry out the powers and duties enumerated in this chapter.
(l) Provide administrative assistance, space, and other
support as may be necessary for the activities of the energy
facility site evaluation council, as provided for in RCW
80.50.030.
(m) Appoint staff as may be needed to administer
energy policy functions and manage energy facility site
evaluation council activities. These employees are exempt
from the provisions of chapter 41.06 RCW.
(3) To the extent the powers and duties set out under
this section relate to energy education, applied research, and
technology transfer programs they are transferred to Washington State University.
[Title 43 RCW—page 149]
43.21F.045
Title 43 RCW: State Government—Executive
(4) To the extent the powers and duties set out under
this section relate to energy efficiency in public buildings
they are transferred to the department of general administration. [1996 c 186 § 103; 1994 c 207 § 4; 1990 c 12 § 2;
1987 c 505 § 29; 1981 c 295 § 4.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Finding—1994 c 207: See note following RCW 43.21F.025.
Effective date—1990 c 12: See note following RCW 80.50.030.
43.21F.055 Intervention in certain regulatory
proceedings prohibited—Application to energy facility
site evaluation council—Avoidance of duplication of
activity. The department shall not intervene in any regulatory proceeding before the Washington utilities and transportation commission or proceedings of utilities not regulated by
the commission. Nothing in this chapter abrogates or diminishes the functions, powers, or duties of the energy facility
site evaluation council pursuant to chapter 80.50 RCW, the
utilities and transportation commission pursuant to Title 80
RCW, or other state or local agencies established by law.
The department shall avoid duplication of activity with
other state agencies and officers and other persons. [1996 c
186 § 104; 1981 c 295 § 5.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
43.21F.060 Additional duties and authority of
department—Obtaining information—Confidentiality,
penalty—Receiving and expending funds. In addition to
the duties prescribed in RCW 43.21F.045, the department
shall have the authority to:
(1) Obtain all necessary and existing information from
energy producers, suppliers, and consumers, doing business
within the state of Washington, from political subdivisions
in this state, or any person as may be necessary to carry out
the provisions of chapter 43.21G RCW: PROVIDED, That
if the information is available in reports made to another
state agency, the department shall obtain it from that agency:
PROVIDED FURTHER, That, to the maximum extent
practicable, informational requests to energy companies
regulated by the utilities and transportation commission shall
be channeled through the commission and shall be accepted
in the format normally used by the companies. Such
information may include but not be limited to:
(a) Sales volume;
(b) Forecasts of energy requirements; and
(c) Energy costs.
Notwithstanding any other provision of law to the
contrary, information furnished under this subsection shall be
confidential and maintained as such, if so requested by the
person providing the information, if the information is
proprietary.
It shall be unlawful to disclose such information except
as hereinafter provided. A violation shall be punishable,
upon conviction, by a fine of not more than one thousand
dollars for each offense. In addition, any person who
wilfully or with criminal negligence, as defined in RCW
9A.08.010, discloses confidential information in violation of
this subsection may be subject to removal from office or
[Title 43 RCW—page 150]
immediate dismissal from public employment notwithstanding any other provision of law to the contrary.
Nothing in this subsection prohibits the use of confidential information to prepare statistics or other general data for
publication when it is so presented as to prevent identification of particular persons or sources of confidential information.
(2) Receive and expend funds obtained from the federal
government or other sources by means of contracts, grants,
awards, payments for services, and other devices in support
of the duties enumerated in this chapter. [1996 c 186 § 105;
1981 c 295 § 6; 1975-’76 2nd ex.s. c 108 § 6.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
43.21F.090 State energy strategy—Review and
report to legislature. The department shall review the state
energy strategy as developed under section 1, chapter 201,
Laws of 1991, periodically with the guidance of an advisory
committee. For each review, an advisory committee shall be
established with a membership resembling as closely as
possible the original energy strategy advisory committee
specified under section 1, chapter 201, Laws of 1991. Upon
completion of a public hearing regarding the advisory
committee’s advice and recommendations for revisions to the
energy strategy, a written report shall be conveyed by the
department to the governor and the appropriate legislative
committees. Any advisory committee established under this
section shall be dissolved within three months after their
written report is conveyed. [1996 c 186 § 106; 1994 c 207
§ 5.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Finding—1994 c 207: See note following RCW 43.21F.025.
43.21F.400 Western interstate nuclear compact—
Entered into—Terms. The western interstate nuclear
compact is hereby enacted into law and entered into by the
state of Washington as a party, and is in full force and effect
between the state and any other states joining therein in
accordance with the terms of the compact, which compact is
substantially as follows:
ARTICLE I. POLICY AND PURPOSE
The party states recognize that the proper employment
of scientific and technological discoveries and advances in
nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in
connection therewith, properly correlated with the other
resources of the region, can assist substantially in the
industrial progress of the West and the further development
of the economy of the region. They also recognize that
optimum benefit from nuclear and related scientific or
technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion
from the party states on a cooperative basis. It is the policy
of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide
the instruments and framework for such a cooperative effort
in nuclear and related fields, to enhance the economy of the
(2002 Ed.)
State Energy Office
West and contribute to the individual and community wellbeing of the region’s people.
ARTICLE II. THE BOARD
(a) There is hereby created an agency of the party states
to be known as the "Western Interstate Nuclear Board"
(hereinafter called the Board). The Board shall be composed
of one member from each party state designated or appointed
in accordance with the law of the state which he represents
and serving and subject to removal in accordance with such
law. Any member of the Board may provide for the
discharge of his duties and the performance of his functions
thereon (either for the duration of his membership or for any
lesser period of time) by a deputy or assistant, if the laws of
his state make specific provisions therefor. The federal
government may be represented without vote if provision is
made by federal law for such representation.
(b) The Board members of the party states shall each be
entitled to one vote on the Board. No action of the Board
shall be binding unless taken at a meeting at which a
majority of all members representing the party states are
present and unless a majority of the total number of votes on
the Board are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its
members, a chairman, a vice chairman, and a treasurer. The
Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall
also act as Secretary, and who, together with the Treasurer,
and such other personnel as the Board may direct, shall be
bonded in such amounts as the Board may require.
(e) The Executive Director, with the approval of the
Board, shall appoint and remove or discharge such personnel
as may be necessary for the performance of the Board’s
functions irrespective of the civil service, personnel or other
merit system laws of any of the party states.
(f) The Board may establish and maintain, independently
or in conjunction with any one or more of the party states,
or its institutions or subdivisions, a suitable retirement
system for its full-time employees. Employees of the Board
shall be eligible for social security coverage in respect of old
age and survivors insurance provided that the Board takes
such steps as may be necessary pursuant to federal law to
participate in such program of insurance as a governmental
agency or unit. The Board may establish and maintain or
participate in such additional programs of employee benefits
as may be appropriate.
(g) The Board may borrow, accept, or contract for the
services of personnel from any state or the United States or
any subdivision or agency thereof, from any interstate
agency, or from any institution, person, firm or corporation.
(h) The Board may accept for any of its purposes and
functions under this compact any and all donations, and
grants of money, equipment, supplies, materials and services
(conditional or otherwise) from any state or the United States
or any subdivision or agency thereof, or interstate agency, or
from any institution, person, firm, or corporation, and may
receive, utilize, and dispose of the same. The nature,
amount and conditions, if any, attendant upon any donation
or grant accepted pursuant to this paragraph or upon any
borrowing pursuant to paragraph (g) of this Article, together
(2002 Ed.)
43.21F.400
with the identity of the donor, grantor or lender, shall be
detailed in the annual report of the Board.
(i) The Board may establish and maintain such facilities
as may be necessary for the transacting of its business. The
Board may acquire, hold, and convey real and personal
property and any interest therein.
(j) The Board shall adopt bylaws, rules, and regulations
for the conduct of its business, and shall have the power to
amend and rescind these bylaws, rules, and regulations. The
Board shall publish its bylaws, rules, and regulations in
convenient form and shall file a copy thereof, and shall also
file a copy of any amendment thereto, with the appropriate
agency or officer in each of the party states.
(k) The Board annually shall make to the governor of
each party state, a report covering the activities of the Board
for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report
shall be transmitted to the legislature of said state. The
Board may issue such additional reports as it may deem
desirable.
ARTICLE III. FINANCES
(a) The Board shall submit to the governor or designated officer or officers of each party state a budget of its
estimated expenditures for such period as may be required
by the laws of that jurisdiction for presentation to the
legislature thereof.
(b) Each of the Board’s budgets of estimated expenditures shall contain specific recommendations of the amount
or amounts to be appropriated by each of the party states.
Each of the Board’s requests for appropriations pursuant to
a budget of estimated expenditures shall be apportioned
equally among the party states. Subject to appropriation by
their respective legislatures, the Board shall be provided with
such funds by each of the party states as are necessary to
provide the means of establishing and maintaining facilities,
a staff of personnel, and such activities as may be necessary
to fulfill the powers and duties imposed upon and entrusted
to the Board.
(c) The Board may meet any of its obligations in whole
or in part with funds available to it under Article II(h) of this
compact, provided that the Board takes specific action setting
aside such funds prior to the incurring of any obligation to
be met in whole or in part in this manner. Except where the
Board makes use of funds available to it under Article II(h)
hereof, the Board shall not incur any obligation prior to the
allotment of funds by the party jurisdictions adequate to
meet the same.
(d) Any expenses and any other costs for each member
of the Board in attending Board meetings shall be met by the
Board.
(e) The Board shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Board shall be subject to the audit and accounting
procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Board
shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in
and become a part of the annual report of the Board.
(f) The accounts of the Board shall be open at any
reasonable time for inspection to persons authorized by the
[Title 43 RCW—page 151]
43.21F.400
Title 43 RCW: State Government—Executive
Board, and duly designated representatives of governments
contributing to the Board’s support.
ARTICLE IV. ADVISORY COMMITTEES
The Board may establish such advisory and technical
committees as it may deem necessary, membership on which
may include but not be limited to private citizens, expert and
lay personnel, representatives of industry, labor, commerce,
agriculture, civic associations, medicine, education, voluntary
health agencies, and officials of local, State and Federal
Government, and may cooperate with and use the services of
any such committees and the organizations which they
represent in furthering any of its activities under this
compact.
ARTICLE V. POWERS
The Board shall have power to—
(a) Encourage and promote cooperation among the party
states in the development and utilization of nuclear and
related technologies and their application to industry and
other fields.
(b) Ascertain and analyze on a continuing basis the
position of the West with respect to the employment in
industry of nuclear and related scientific findings and
technologies.
(c) Encourage the development and use of scientific
advances and discoveries in nuclear facilities, energy,
materials, products, by-products, and all other appropriate
adaptations of scientific and technological advances and
discoveries.
(d) Collect, correlate, and disseminate information
relating to the peaceful uses of nuclear energy, materials, and
products, and other products and processes resulting from the
application of related science and technology.
(e) Encourage the development and use of nuclear
energy, facilities, installations, and products as part of a
balanced economy.
(f) Conduct, or cooperate in conducting, programs of
training for state and local personnel engaged in any aspects
of:
1. Nuclear industry, medicine, or education, or the
promotion or regulation thereof.
2. Applying nuclear scientific advances or discoveries,
and any industrial commercial or other processes resulting
therefrom.
3. The formulation or administration of measures
designed to promote safety in any matter related to the
development, use or disposal of nuclear energy, materials,
products, by-products, installations, or wastes, or to safety in
the production, use and disposal of any other substances
peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in
organizing and conducting, demonstrations or research in any
of the scientific, technological or industrial fields to which
this compact relates.
(h) Undertake such nonregulatory functions with respect
to non-nuclear sources of radiation as may promote the economic development and general welfare of the West.
(i) Study industrial, health, safety, and other standards,
laws, codes, rules, regulations, and administrative practices
in or related to nuclear fields.
[Title 43 RCW—page 152]
(j) Recommend such changes in, or amendments or
additions to the laws, codes, rules, regulations, administrative
procedures and practices or local laws or ordinances of the
party states or their subdivisions in nuclear and related
fields, as in its judgment may be appropriate. Any such
recommendations shall be made through the appropriate state
agency, with due consideration of the desirability of uniformity but shall also give appropriate weight to any special
circumstances which may justify variations to meet local
conditions.
(k) Consider and make recommendations designed to
facilitate the transportation of nuclear equipment, materials,
products, byproducts, wastes, and any other nuclear or
related substances, in such manner and under such conditions
as will make their availability or disposal practicable on an
economic and efficient basis.
(l) Consider and make recommendations with respect to
the assumption of and protection against liability actually or
potentially incurred in any phase of operations in nuclear and
related fields.
(m) Advise and consult with the federal government
concerning the common position of the party states or assist
party states with regard to individual problems where
appropriate in respect to nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the
National Aeronautics and Space Administration, the Office
of Science and Technology, or any agencies successor
thereto, any other officer or agency of the United States, and
any other governmental unit or agency or officer thereof, and
with any private persons or agencies in any of the fields of
its interest.
(o) Act as licensee, contractor or sub-contractor of the
United States Government or any party state with respect to
the conduct of any research activity requiring such license or
contract and operate such research facility or undertake any
program pursuant thereto, provided that this power shall be
exercised only in connection with the implementation of one
or more other powers conferred upon the Board by this
compact.
(p) Prepare, publish and distribute (with or without
charge) such reports, bulletins, newsletters or other materials
as it deems appropriate.
(q) Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the
prevention and control of nuclear incidents in the area
comprising the party states, to coordinate the nuclear incident
prevention and control plans and the work relating thereto of
the appropriate agencies of the party states and to facilitate
the rendering of aid by the party states to each other in
coping with nuclear incidents.
The Board may formulate and, in accordance with need
from time to time, revise a regional plan or regional plans
for coping with nuclear incidents within the territory of the
party states as a whole or within any subregion or subregions
of the geographic area covered by this compact.
Any nuclear incident plan in force pursuant to this
paragraph shall designate the official or agency in each party
state covered by the plan who shall coordinate requests for
aid pursuant to Article VI of this compact and the furnishing
of aid in response thereto.
Unless the party states concerned expressly otherwise
agree, the Board shall not administer the summoning and
(2002 Ed.)
State Energy Office
dispatching of aid, but this function shall be undertaken
directly by the designated agencies and officers of the party
states.
However, the plan or plans of the Board in force
pursuant to this paragraph shall provide for reports to the
Board concerning the occurrence of nuclear incidents and the
requests for aid on account thereof, together with summaries
of the actual working and effectiveness of mutual aid in
particular instances.
From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and
such other instances of mutual aid as may have come to its
attention, so that experience in the rendering of such aid may
be available.
(r) Prepare, maintain, and implement a regional plan or
regional plans for carrying out the duties, powers, or
functions conferred upon the Board by this compact.
(s) Undertake responsibilities imposed or necessarily
involved with regional participation pursuant to such
cooperative programs of the federal government as are useful
in connection with the fields covered by this compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party
state pursuant to this compact in coping with a nuclear
incident, it shall be the duty of the requested state to render
all possible aid to the requesting state which is consonant
with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party
state are rendering outside aid pursuant to the request of
another party state under this compact, the officers or
employees of such state shall, under the direction of the
authorities of the state to which they are rendering aid, have
the same powers, duties, rights, privileges and immunities as
comparable officers and employees of the state to which they
are rendering aid.
(c) No party state or its officers or employees rendering
outside aid pursuant to this compact shall be liable on
account of any act or omission on their part while so
engaged, or on account of the maintenance or use of any
equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of
the requesting state or under the laws of the aiding state or
under the laws of a third state on account of or in connection
with a request for aid, shall be assumed and borne by the
requesting state.
(e) Any party state rendering outside aid pursuant to this
compact shall be reimbursed by the party state receiving
such aid for any loss or damage to, or expense incurred in
the operation of any equipment answering a request for aid,
and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment
incurred in connection with such requests: PROVIDED,
That nothing herein contained shall prevent any assisting
party state from assuming such loss, damage, expense or
other cost or from loaning such equipment or from donating
such services to the receiving party state without charge or
cost.
(f) Each party state shall provide for the payment of
compensation and death benefits to injured officers and
employees and the representatives of deceased officers and
(2002 Ed.)
43.21F.400
employees in case officers or employees sustain injuries or
death while rendering outside aid pursuant to this compact,
in the same manner and on the same terms as if the injury
or death were sustained within the state by or in which the
officer or employee was regularly employed.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken an
activity or project which would be within its power under
the provisions of Article V of this compact, any two or more
of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements
for the undertaking and continuance of such an activity or
project. Any such agreement shall specify the purpose or
purposes; its duration and the procedure for termination
thereof or withdrawal therefrom; the method of financing
and allocating the costs of the activity or project; and such
other matters as may be necessary or appropriate.
No such supplementary agreement entered into pursuant
to this article shall become effective prior to its submission
to and approval by the Board. The Board shall give such
approval unless it finds that the supplementary agreement or
activity or project contemplated thereby is inconsistent with
the provisions of this compact or a program or activity
conducted by or participated in by the Board.
(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne
separately by the states party thereto. However, the Board
may administer or otherwise assist in the operation of any
supplementary agreement.
(c) No party to a supplementary agreement entered into
pursuant to this article shall be relieved thereby of any
obligation or duty assumed by said party state under or
pursuant to this compact, except that timely and proper
performance of such obligation or duty by means of the
supplementary agreement may be offered as performance
pursuant to the compact.
(d) The provisions of this Article shall apply to supplementary agreements and activities thereunder, but shall not
be construed to repeal or impair any authority which officers
or agencies of party states may have pursuant to other laws
to undertake cooperative arrangements or projects.
ARTICLE VIII. OTHER LAWS AND RELATIONS
Nothing in this compact shall be construed to—
(a) Permit or require any person or other entity to avoid
or refuse compliance with any law, rule, regulation, order or
ordinance of a party state or subdivision thereof now or
hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction
exercised by the Atomic Energy Commission, any agency
successor thereto, or any other federal department, agency or
officer pursuant to and in conformity with any valid and
operative act of Congress; nor limit, diminish, affect, or
otherwise impair jurisdiction exercised by any officer or
agency of a party state, except to the extent that the provisions of this compact may provide therefor.
(c) Alter the relations between and respective internal
responsibilities of the government of a party state and its
subdivisions.
[Title 43 RCW—page 153]
43.21F.400
Title 43 RCW: State Government—Executive
(d) Permit or authorize the Board to own or operate any
facility, reactor, or installation for industrial or commercial
purposes.
ARTICLE IX. ELIGIBLE PARTIES,
ENTRY INTO FORCE AND WITHDRAWAL
(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming shall be
eligible to become party to this compact.
(b) As to any eligible party state, this compact shall
become effective when its legislature shall have enacted the
same into law: PROVIDED, That it shall not become
initially effective until enacted into law by five states.
(c) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until two years after the Governor of the
withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No
withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may
participate in the compact to such extent as may be mutually
agreed by the Board and the duly constituted authorities of
Guam or American Samoa, as the case may be. However,
such participation shall not include the furnishing or receipt
of mutual aid pursuant to Article VI, unless that Article has
been enacted or otherwise adopted so as to have the full
force and effect of law in the jurisdiction affected. Neither
Guam nor American Samoa shall be entitled to voting
participation on the Board, unless it has become a full party
to the compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and
if any phrase, clause, sentence or provision of this compact
or such supplementary agreement is declared to be contrary
to the Constitution of any participating state or of the United
States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement
and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this
compact or any supplementary agreement entered into
hereunder shall be held contrary to the Constitution of any
state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the
remaining states and in full force and effect as to the state
affected as to all severable matters. The provisions of this
compact and of any supplementary agreement entered into
pursuant thereto shall be liberally construed to effectuate the
purposes thereof. [1969 c 9 § 1. Formerly RCW
43.31.400.]
Severability—1969 c 9: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 c 9 § 6.]
nate representative. The board member from Washington
shall be appointed by and shall serve at the pleasure of the
governor. The board member may designate another person
as his representative to attend meetings of the board. [1969
c 9 § 2. Formerly RCW 43.31.405.]
Severability—1969 c 9: See note following RCW 43.21F.400.
43.21F.410 Western interstate nuclear compact—
State and local agencies and officers to cooperate. All
departments, agencies and officers of this state and its
subdivisions are directed to cooperate with the board in the
furtherance of any of its activities pursuant to the compact.
[1969 c 9 § 3. Formerly RCW 43.31.410.]
Severability—1969 c 9: See note following RCW 43.21F.400.
43.21F.415 Western interstate nuclear compact—
Bylaws, amendments to, filed with secretary of state.
Pursuant to Article II(j) of the compact, the western interstate nuclear board shall file copies of its bylaws and any
amendments thereto with the secretary of state of the state of
Washington. [1969 c 9 § 4. Formerly RCW 43.31.415.]
Severability—1969 c 9: See note following RCW 43.21F.400.
43.21F.420 Western interstate nuclear compact—
Application of state laws, benefits, when persons dispatched to another state. The laws of the state of Washington and any benefits payable thereunder shall apply and
be payable to any persons dispatched to another state
pursuant to Article VI of the compact. If the aiding personnel are officers or employees of the state of Washington or
any subdivisions thereof, they shall be entitled to the same
workers’ compensation or other benefits in case of injury or
death to which they would have been entitled if injured or
killed while engaged in coping with a nuclear incident in
their jurisdictions of regular employment. [1987 c 185 § 15;
1969 c 9 § 5. Formerly RCW 43.31.420.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1969 c 9: See note following RCW 43.21F.400.
Chapter 43.21G
ENERGY SUPPLY EMERGENCIES, ALERTS
Sections
43.21G.010 Legislative finding—Intent.
43.21G.020 Definitions.
43.21G.030 Intent in developing energy production, allocation, and consumption programs.
43.21G.040 Governor’s energy emergency powers—Energy supply
alert—Construction of chapter.
43.21G.050 Duty of executive authority of state and local governmental
agencies to carry out supply alert or emergency measures—Liability for actions.
43.21G.060 Consideration of actions, orders, etc., of federal authorities.
43.21G.070 Compliance by affected persons.
43.21G.080 Compliance by distributors—Fair and just reimbursement.
43.21G.090 Petition for exception or modification—Appeals.
43.21G.100 Penalty.
43.21G.900 Severability—Effective date—1975-’76 2nd ex.s. c 108.
Governor’s powers to declare energy emergency, etc.: RCW 43.06.200,
43.06.210.
43.21F.405 Western interstate nuclear compact—
State board member—Appointment, term—May desig[Title 43 RCW—page 154]
(2002 Ed.)
Energy Supply Emergencies, Alerts
43.21G.010 Legislative finding—Intent. The
legislature finds that energy in various forms is increasingly
subject to possible shortages and supply disruptions, to the
point that there may be foreseen an emergency situation, and
that without the ability to institute appropriate emergency
measures to regulate the production, distribution, and use of
energy, a severe impact on the public health, safety, and
general welfare of our state’s citizens may occur. The
prevention or mitigation of such energy shortages or disruptions and their effects is necessary for preservation of the
public health, safety, and general welfare of the citizens of
this state.
It is the intent of this chapter to:
(1) Establish necessary emergency powers for the
governor and define the situations under which such powers
are to be exercised;
(2) Provide penalties for violations of this chapter.
It is further the intent of the legislature that in developing proposed orders under the powers granted in RCW
43.21G.040 as now or hereafter amended the governor may
utilize, on a temporary or ad hoc basis, the knowledge and
expertise of persons experienced in the technical aspects of
energy supply, distribution, or use. Such utilization shall be
in addition to support received by the governor from the
department of community, trade, and economic development
under RCW 43.21F.045 and *43.21F.065 and from other
state agencies. [1996 c 186 § 507; 1981 c 295 § 11; 1977
ex.s. c 328 § 1; 1975-’76 2nd ex.s. c 108 § 15.]
*Reviser’s note: RCW 43.21F.065 was repealed by 1996 c 186 §
524, effective July 1, 1996.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Severability—1977 ex.s. c 328: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 328 § 20.]
43.21G.020 Definitions. As used in this chapter:
(1) "Energy supply facility" means a facility which
produces, extracts, converts, transports, or stores energy.
(2) "Energy" means any of the following, individually
or in combination: Petroleum fuels; other liquid fuels;
natural or synthetic fuel gas; solid carbonaceous fuels;
fissionable nuclear material, or electricity.
(3) "Person" means an individual, partnership, joint
venture, private or public corporation, association, firm,
public service company, political subdivision, municipal
corporation, government agency, public utility district, joint
operating agency or any other entity, public or private,
however organized.
(4) "Committee" means the *joint committee on energy
and utilities created by RCW 44.39.010 as now or hereafter
amended.
(5) "Distributor" means any person, private corporation,
partnership, individual proprietorship, utility, including
investor-owned utilities, joint operating agencies, municipal
utility, public utility district, or cooperative, which engages
in or is authorized to engage in the activity of generating,
transmitting, or distributing energy in this state.
(6) "Regulated distributor" means a public service
company as defined in chapter 80.04 RCW which engages
(2002 Ed.)
43.21G.010
in or is authorized to engage in the activity of generating,
transmitting, or distributing energy in this state.
(7) "Energy supply alert" means a situation which
threatens to disrupt or diminish the supply of energy to the
extent that the public health, safety, and general welfare may
be jeopardized.
(8) "Energy emergency" means a situation in which the
unavailability or disruption of the supply of energy poses a
clear and foreseeable danger to the public health, safety, and
general welfare.
(9) "State or local governmental agency" means any
county, city, town, municipal corporation, political subdivision of the state, or state agency. [1977 ex.s. c 328 § 2;
1975-’76 2nd ex.s. c 108 § 16.]
*Reviser’s note: The "joint committee on energy and utilities" was
changed to the "joint committee on energy supply" by 2001 c 214 § 30.
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.030 Intent in developing energy production,
allocation, and consumption programs. It is the intent of
the legislature that the governor shall, in developing plans
for the production, allocation, and consumption of energy,
give high priority to supplying vital public services including, but not limited to, essential governmental operations, public health and safety functions, emergency services,
public mass transportation systems, fish production, food
production and processing facilities, including the provision
of water to irrigated agriculture, and energy supply facilities,
during a condition of energy supply alert or energy emergency. In developing any such plans, provisions should be
made for the equitable distribution of energy among the
geographic areas of the state.
It is further the intent of the legislature that the governor
shall, to the extent possible, encourage and rely upon
voluntary programs and local and regional programs for the
production, allocation, and consumption of energy and that
involvement of energy users and producers be secured in
implementing such programs. [1977 ex.s. c 328 § 3; 1975’76 2nd ex.s. c 108 § 17.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.040 Governor’s energy emergency powers—
Energy supply alert—Construction of chapter. (1) The
governor may subject to the definitions and limitations
provided in this chapter:
(a) Upon finding that an energy supply alert exists
within this state or any part thereof, declare a condition of
energy supply alert; or
(b) Upon finding that an energy emergency exists within
this state or any part thereof, declare a condition of energy
emergency. A condition of energy emergency shall terminate thirty consecutive days after the declaration of such
condition if the legislature is not in session at the time of
such declaration and if the governor fails to convene the
legislature pursuant to Article III, section 7 of the Constitution of the state of Washington within thirty consecutive
days of such declaration. If the legislature is in session or
convened, in accordance with this subsection, the duration of
the condition of energy emergency shall be limited in
accordance with subsection (3) of this section.
[Title 43 RCW—page 155]
43.21G.040
Title 43 RCW: State Government—Executive
Upon the declaration of a condition of energy supply
alert or energy emergency, the governor shall present to the
committee any proposed plans for programs, controls,
standards, and priorities for the production, allocation, and
consumption of energy during any current or anticipated
condition of energy emergency, any proposed plans for the
suspension or modification of existing rules of the Washington Administrative Code, and any other relevant matters the
governor deems desirable. The governor shall review any
recommendations of the committee concerning such plans
and matters.
Upon the declaration of a condition of energy supply
alert or energy emergency, the emergency powers as set
forth in this chapter shall become effective only within the
area described in the declaration.
(2) A condition of energy supply alert shall terminate
ninety consecutive days after the declaration of such condition unless:
(a) Extended by the governor upon issuing a finding that
the energy supply alert continues to exist, and with prior
approval of such an extension by the committee; or
(b) Extended by the governor based on a declaration by
the president of the United States of a national state of
emergency in regard to energy supply; or
(c) Upon the request of the governor, extended by
declaration of the legislature by concurrent resolution of a
continuing energy supply alert.
An initial extension of an energy supply alert approved
and implemented under this subsection shall be for a
specified period of time not to exceed ninety consecutive
days after the expiration of the original declaration. Any
subsequent extensions shall be for a specified period of time
not to exceed one hundred twenty consecutive days after the
expiration of the previous extension.
(3) A condition of energy emergency shall terminate
forty-five consecutive days after the declaration of such
condition unless:
(a) Extended by the governor upon issuing a finding that
the energy emergency continues to exist, and with prior
approval of such an extension by the committee; or
(b) Extended by the governor based on a declaration by
the president of the United States of a national state of
emergency in regard to energy supply; or
(c) Upon the request of the governor, extended by
declaration of the legislature by concurrent resolution of a
continuing energy emergency.
An initial extension of an energy emergency approved
and implemented under this subsection shall be for a
specified period of time not to exceed forty-five consecutive
days after the expiration of the original declaration. Any
subsequent extensions shall be for a specified period of time
not to exceed sixty consecutive days after the expiration of
the previous extension.
(4) A condition of energy supply alert or energy
emergency shall cease to exist upon a declaration to that
effect by either of the following: (a) The governor; or (b)
the legislature, by concurrent resolution, if in regular or
special session: PROVIDED, That the governor shall
terminate a condition of energy supply alert or energy
emergency when the energy supply situation upon which the
declaration of a condition of energy supply alert or energy
emergency was based no longer exists.
[Title 43 RCW—page 156]
(5) In a condition of energy supply alert, the governor
may, as deemed necessary to preserve and protect the public
health, safety, and general welfare, and to minimize, to the
fullest extent possible, the injurious economic, social, and
environmental consequences of such energy supply alert,
issue orders to: (a) Suspend or modify existing rules of the
Washington Administrative Code of any state agency relating
to the consumption of energy by such agency or to the
production of energy, and (b) direct any state or local governmental agency to implement programs relating to the
consumption of energy by the agency which have been
developed by the governor or the agency and reviewed by
the committee.
(6) In addition to the powers in subsection (5) of this
section, in a condition of energy emergency, the governor
may, as deemed necessary to preserve and protect the public
health, safety, and general welfare, and to minimize, to the
fullest extent possible, the injurious economic, social, and
environmental consequences of such an emergency, issue
orders to: (a) Implement programs, controls, standards, and
priorities for the production, allocation, and consumption of
energy; (b) suspend and modify existing pollution control
standards and requirements or any other standards or
requirements affecting or affected by the use of energy,
including those relating to air or water quality control; and
(c) establish and implement regional programs and agreements for the purposes of coordinating the energy programs
and actions of the state with those of the federal government
and of other states and localities.
(7) The governor shall make a reasonable, good faith
effort to provide the committee with notice when the
governor is considering declaring a condition of energy
supply alert or energy emergency. The governor shall
immediately transmit the declaration of a condition of energy
supply alert or energy emergency and the findings upon
which the declaration is based and any orders issued under
the powers granted in this chapter to the committee. The
governor shall provide the committee with at least fourteen
days’ notice when requesting an extension of a condition of
energy supply alert or energy emergency, unless such notice
is waived by the committee.
(8) Nothing in this chapter shall be construed to mean
that any program, control, standard, priority or other policy
created under the authority of the emergency powers
authorized by this chapter shall have any continuing legal
effect after the cessation of the condition of energy supply
alert or energy emergency.
(9) If any provision of this chapter is in conflict with
any other provision, limitation, or restriction which is now
in effect under any other law of this state, including, but not
limited to, chapter 34.05 RCW, this chapter shall govern and
control, and such other law or rule issued thereunder shall be
deemed superseded for the purposes of this chapter.
(10) Because of the emergency nature of this chapter,
all actions authorized or required hereunder, or taken
pursuant to any order issued by the governor, shall be
exempted from any and all requirements and provisions of
the state environmental policy act of 1971, chapter 43.21C
RCW, including, but not limited to, the requirement for
environmental impact statements.
(11) Except as provided in this section nothing in this
chapter shall exempt a person from compliance with the
(2002 Ed.)
Energy Supply Emergencies, Alerts
provisions of any other law, rule, or directive unless specifically ordered by the governor. [2002 c 192 § 2; 1987 c 505
§ 83; 1985 c 308 § 1; 1981 c 281 § 1; 1980 c 87 § 23; 1979
ex.s. c 158 § 1; 1977 ex.s. c 328 § 4; 1975-’76 2nd ex.s. c
108 § 18.]
Effective date—1985 c 308: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 29,
1985." [1985 c 308 § 2.]
Severability—1981 c 281: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 281 § 3.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.050 Duty of executive authority of state and
local governmental agencies to carry out supply alert or
emergency measures—Liability for actions. To protect the
public welfare during a condition of energy supply alert or
energy emergency, the executive authority of each state or
local governmental agency is hereby authorized and directed
to take action to carry out the orders issued by the governor
pursuant to this chapter as now or hereafter amended. A
local governmental agency shall not be liable for any lawful
actions consistent with RCW 43.21G.030 as now or hereafter
amended taken in good faith in accordance with such orders
issued by the governor. [1981 c 281 § 2; 1977 ex.s. c 328
§ 5; 1975-’76 2nd ex.s. c 108 § 19.]
Severability—1981 c 281: See note following RCW 43.21G.040.
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.060 Consideration of actions, orders, etc., of
federal authorities. In order to attain uniformity, as far as
is practicable throughout the United States, in measures
taken to aid in energy crisis management, all action taken
under this chapter as now or hereafter amended, and all
orders and rules made pursuant hereto, shall be taken or
made with due consideration for and consistent when practicable with the orders, rules, regulations, actions, recommendations, and requests of federal authorities. [1977 ex.s. c
328 § 6; 1975-’76 2nd ex.s. c 108 § 20.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.070 Compliance by affected persons.
Notwithstanding any provision of law or contract to the
contrary, all persons who are affected by an order issued or
action taken pursuant to this chapter as now or hereafter
amended shall comply therewith immediately. [1977 ex.s.
c 328 § 7; 1975-’76 2nd ex.s. c 108 § 21.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.080 Compliance by distributors—Fair and
just reimbursement. The governor may order any distributor to take such action on his behalf as may be required to
implement orders issued pursuant to this chapter as now or
hereafter amended: PROVIDED, That orders to regulated
distributors shall be issued by the Washington utilities and
transportation commission in conformance with orders of the
(2002 Ed.)
43.21G.040
governor. No distributor shall be liable for actions taken in
accordance with such orders issued by the governor or the
Washington utilities and transportation commission.
All allocations of energy from one distributor to another
distributor pursuant to orders issued or as a result of actions
taken under this chapter as now or hereafter amended are
subject to fair and just reimbursement. Such reimbursement
for any allocation of energy between regulated distributors
shall be subject to the approval of the Washington utilities
and transportation commission. A distributor is authorized
to enter into agreements with another distributor for the
purpose of determining financial or commodity reimbursement. [1977 ex.s. c 328 § 8; 1975-’76 2nd ex.s. c 108 §
22.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.090 Petition for exception or modification—
Appeals. (1) Any person aggrieved by an order issued or
action taken pursuant to this chapter as now or hereafter
amended may petition the governor and request an exception
from or modification of such order or action. The governor
may grant, modify, or deny such petition as the public
interest may require.
(2) An appeal from any order issued or action taken
pursuant to this chapter as now or hereafter amended may be
taken to the state supreme court. Such an appeal shall take
the form of a petition for a writ of mandamus or prohibition
under Article IV, section 4 of the state Constitution, and the
supreme court shall have exclusive jurisdiction to hear and
act upon such an appeal. Notwithstanding the provisions of
chapter 7.16 RCW, or any other applicable statute, the
superior courts of this state shall have no jurisdiction to entertain an action or suit relating to any order issued or action
taken pursuant to this chapter as now or hereafter amended,
nor to hear and determine any appeal from any such order.
The provisions of Rule 16.2, Rules of Appellate Procedure,
shall apply to any proceedings in the supreme court brought
pursuant to this chapter as now or hereafter amended. [1977
ex.s. c 328 § 9; 1975-’76 2nd ex.s. c 108 § 23.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
43.21G.100 Penalty. Any person wilfully violating
any provision of an order issued by the governor pursuant to
this chapter shall be guilty of a gross misdemeanor. [1975’76 2nd ex.s. c 108 § 24.]
43.21G.900 Severability—Effective date—1975-’76
2nd ex.s. c 108. See notes following RCW 43.21F.010.
Chapter 43.21H
STATE ECONOMIC POLICY
Sections
43.21H.010 Purpose.
43.21H.020 State and local authorities to insure that economic values be
given appropriate consideration in rule-making process.
43.21H.030 Statutory obligations of agencies not affected.
43.21H.900 Severability—1975-’76 2nd ex.s. c 117.
[Title 43 RCW—page 157]
43.21H.010
Title 43 RCW: State Government—Executive
43.21H.010 Purpose. The purpose of this chapter is
to assert that it is the intent of the legislature that economic
values are given appropriate consideration along with
environmental, social, health, and safety considerations in the
promulgation of rules by state and local government. [1975’76 2nd ex.s. c 117 § 1.]
43.21H.020 State and local authorities to insure
that economic values be given appropriate consideration
in rule-making process. All state agencies and local government entities with rule-making authority under state law
or local ordinance shall adopt methods and procedures which
will insure that economic values will be given appropriate
consideration in the rule-making process along with environmental, social, health, and safety considerations. [1975-’76
2nd ex.s. c 117 § 2.]
43.21H.030 Statutory obligations of agencies not
affected. Nothing in this chapter shall in any way affect the
specific statutory obligations of any agency:
(1) To comply with environmental, social, health, safety,
or other standards prescribed by law;
(2) To coordinate or consult with any other public
agency; or
(3) To act, or refrain from acting, where required by
law, upon the recommendations or certification of another
public agency. [1975-’76 2nd ex.s. c 117 § 3.]
43.21H.900 Severability—1975-’76 2nd ex.s. c 117.
If any provision of this act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1975-’76 2nd ex.s. c 117 § 4.]
Chapter 43.21I
OIL SPILL PREVENTION PROGRAM
(Formerly: Office of marine safety)
Sections
43.21I.005
43.21I.010
43.21I.030
43.21I.040
43.21I.900
Abolishment
Findings—Consolidation of oil spill programs—
Administrator of consolidated oil spill program.
Program created—Powers and duties—Definitions.
Director’s powers.
Authority to administer oaths and issue subpoenas.
Effective dates—Severability—1991 c 200.
of office: RCW 88.46.921.
43.21I.005 Findings—Consolidation of oil spill programs—Administrator of consolidated oil spill program.
Reviser’s note: RCW 43.21I.005 was amended by 2000 c 69 § 35
without reference to its decodification by 2000 c 69 § 36. It has been
decodified for publication purposes under RCW 1.12.025.
43.21I.010 Program created—Powers and duties—
Definitions. (1) There is hereby created within the department of ecology an oil spill prevention program. For the
program, the department shall be vested with all powers and
duties transferred to it from the *office of marine safety and
such other powers and duties as may be authorized by law.
The main administrative office for the program shall be
[Title 43 RCW—page 158]
located in the city of Olympia. The director may establish
administrative facilities in other locations, if deemed necessary for the efficient operation of the program, and if
consistent with the principles set forth in subsection (2) of
this section.
(2) The oil spill prevention program shall be organized
consistent with the goals of providing state government with
a focus in marine transportation and serving the people of
this state. The legislature recognizes that the director needs
sufficient organizational flexibility to carry out the program’s
various duties. To the extent practical, the director shall
consider the following organizational principles:
(a) Clear lines of authority which avoid functional
duplication within and between subelements of the program;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the
legislature, the consumer, and the general public; and
(c) Maximum span of control without jeopardizing
adequate supervision.
(3) The department, through the program, shall provide
leadership and coordination in identifying and resolving
threats to the safety of marine transportation and the impact
of marine transportation on the environment:
(a) Working with other state agencies and local governments to strengthen the state and local governmental partnership in providing public protection;
(b) Providing expert advice to the executive and
legislative branches of state government;
(c) Providing active and fair enforcement of rules;
(d) Working with other federal, state, and local agencies
and facilitating their involvement in planning and implementing marine safety measures;
(e) Providing information to the public; and
(f) Carrying out such other related actions as may be
appropriate to this purpose.
(4) In accordance with the administrative procedure act,
chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment before the
adoption of standards, guidelines, and rules.
(5) Consistent with the principles set forth in subsection
(2) of this section, the director may create such administrative divisions, offices, bureaus, and programs within the
program as the director deems necessary. The director shall
have complete charge of and supervisory powers over the
program, except where the director’s authority is specifically
limited by law.
(6) The director shall appoint such personnel as are
necessary to carry out the duties of the program. In addition
to exemptions set forth in RCW 41.06.070, up to four
professional staff members shall be exempt from the
provisions of chapter 41.06 RCW. All other employees of
the program shall be subject to the provisions of chapter
41.06 RCW.
(7) The definitions in this section apply throughout this
chapter.
(a) "Department" means the department of ecology.
(b) "Director" means the director of the department.
[2000 c 69 § 27; 1992 c 73 § 4; (1995 2nd sp.s. c 14 § 515
expired June 30, 1997); 1991 c 200 § 402. Formerly RCW
43.21A.710.]
(2002 Ed.)
Oil Spill Prevention Program
*Reviser’s note: The office of marine safety was abolished and its
powers, duties, and functions transferred to the department of ecology by
1991 c 200 § 430, effective July 1, 1997.
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See
note following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
43.21I.030 Director’s powers. In addition to any
other powers granted the director, the director may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules
necessary to carry out the provisions of this chapter and
chapter 88.46 RCW;
(2) Appoint such advisory committees as may be
necessary to carry out the provisions of this chapter and
chapter 88.46 RCW. Members of such advisory committees
are authorized to receive travel expenses in accordance with
RCW 43.03.050 and 43.03.060. The director shall review
each advisory committee within the jurisdiction of the
program and each statutory advisory committee on a biennial
basis to determine if such advisory committee is needed.
The criteria specified in *RCW 43.131.070 shall be used to
determine whether or not each advisory committee shall be
continued;
(3) Undertake studies, research, and analysis necessary
to carry out the provisions of this chapter and chapter 88.46
RCW;
(4) Delegate powers, duties, and functions of the
program to employees of the department as the director
deems necessary to carry out the provisions of this chapter
and chapter 88.46 RCW;
(5) Enter into contracts on behalf of the department to
carry out the purposes of this chapter and chapter 88.46
RCW;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program for the purposes of
this chapter and chapter 88.46 RCW; or
(7) Accept gifts, grants, or other funds. [2000 c 69 §
28; 1992 c 73 § 11; (1995 2nd sp.s. c 14 § 516 expired June
30, 1997); 1991 c 200 § 405. Formerly RCW 43.21A.715.]
*Reviser’s note: RCW 43.131.070 was repealed by 2000 c 189 § 11.
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See
note following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
43.21I.040 Authority to administer oaths and issue
subpoenas. (1) The director shall have full authority to
administer oaths and take testimony thereunder, to issue
subpoenas requiring the attendance of witnesses before the
director together with all books, memoranda, papers, and
(2002 Ed.)
43.21I.010
other documents, articles or instruments, and to compel the
disclosure by such witnesses of all facts known to them
relative to the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings shall
be governed by chapter 34.05 RCW.
(3) Subpoenas issued in the conduct of investigations
required or authorized by other statutory provisions or
necessary in the enforcement of other statutory provisions
shall be governed by chapter 34.05 RCW. [2000 c 69 § 29;
1991 c 200 § 407; (1995 2nd sp.s. c 14 § 517 expired June
30, 1997). Formerly RCW 43.21A.720.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See
note following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
43.21I.900 Effective dates—Severability—1991 c
200. See RCW 90.56.901 and 90.56.904.
Chapter 43.21J
ENVIRONMENTAL AND FOREST
RESTORATION PROJECTS
Sections
43.21J.005
43.21J.010
43.21J.030
43.21J.040
43.21J.050
43.21J.060
43.21J.070
43.21J.800
43.21J.900
43.21J.901
43.21J.902
43.21J.903
43.21J.904
Legislative findings.
Intent—Purpose—Definitions.
Environmental enhancement and job creation task force.
Environmental enhancement and restoration project proposals—Evaluation—Award of funds.
Training or employment.
Unemployment compensation benefits—Training.
Unemployment compensation benefits—Special base year
and benefit year.
Joint legislative audit and review committee report.
Short title—1993 c 516.
Section captions and part headings—1993 c 516.
Severability—1993 c 516.
Conflict with federal requirements—1993 c 516.
Effective date—1993 c 516.
43.21J.005 Legislative findings. (1) The legislature
finds that the long-term health of the economy of Washington state depends on the sustainable management of its
natural resources. Washington’s forests, estuaries, waterways, and watersheds provide a livelihood for thousands of
citizens of Washington state and millions of dollars of
income and tax revenues every year from forests, fisheries,
shellfisheries, recreation, tourism, and other water-dependent
industries.
(2) The legislature further finds that the livelihoods and
revenues produced by Washington’s forests, estuaries,
waterways, and watersheds would be enhanced by immediate
investments in clean water infrastructure and habitat restoration.
(3) The legislature further finds that an insufficiency in
financial resources, especially in timber-dependent communities, has resulted in investments in clean water and habitat
restoration too low to ensure the long-term economic and
environmental health of Washington’s forests, estuaries,
waterways, and watersheds.
[Title 43 RCW—page 159]
43.21J.005
Title 43 RCW: State Government—Executive
(4) The legislature further finds that unemployed
workers and Washington’s economically distressed communities, especially timber-dependent areas, can benefit from
opportunities for employment in environmental restoration
projects.
(5) The legislature therefore declares that immediate
investments in a variety of environmental restoration
projects, based on sound principles of watershed management and environmental and forest restoration, are necessary
to rehabilitate damaged watersheds and to assist dislocated
workers and the unemployed gain job skills necessary for
long-term employment. [1993 c 516 § 1.]
43.21J.010 Intent—Purpose—Definitions. (1) It is
the intent of this chapter to provide financial resources to
make substantial progress toward: (a) Implementing the
Puget Sound water quality management plan and other
watershed-based management strategies and plans; (b)
ameliorating degradation to watersheds; and (c) keeping and
creating stable, environmentally sound, good wage employment in Washington state. The legislature intends that
employment under this chapter is not to result in the displacement or partial displacement, whether by the reduction
of hours of nonovertime work, wages, or other employment
benefits, of currently employed workers, including but not
limited to state civil service employees, or of currently or
normally contracted services.
(2) It is the purpose of this chapter to:
(a) Implement clean water, forest, and habitat restoration
projects that will produce measurable improvements in water
and habitat quality, that rate highly when existing environmental ranking systems are applied, and that provide
economic stability.
(b) Facilitate the coordination and consistency of
federal, state, tribal, local, and private water and habitat
protection and enhancement programs in the state’s watersheds.
(c) Fund necessary projects for which a public planning
process has been completed.
(d) Provide immediate funding to create jobs and
training for environmental restoration and enhancement jobs
for unemployed workers and displaced workers in impact
areas, especially rural natural resources-dependent communities.
(3) For purposes of this chapter "impact areas" means:
(a) Distressed counties as defined in RCW 43.165.010(3)(a);
(b) subcounty areas in those counties not covered under (a)
of this subsection that are rural natural resources impact
areas as defined in *RCW 43.31.601; (c) urban subcounty
areas as defined in **RCW 43.165.010(3)(c); and (d) areas
that the task force determines are likely to experience
dislocations in the near future from downturns in natural
resource-based industries.
(4) For purposes of this chapter, "high-risk youth"
means youth eligible for Washington conservation corps
programs under chapter 43.220 RCW or Washington service
corps programs under chapter 50.65 RCW.
(5) For purposes of this chapter, "dislocated forest
products worker" has the meaning set forth in *RCW 50.70.010.
(6) For purposes of this chapter, "task force" means the
environmental enhancement and job creation task force
[Title 43 RCW—page 160]
created under RCW 43.21J.030. [1995 c 226 § 26; 1993 c
516 § 2.]
Reviser’s note: *(1) RCW 43.31.601 and 50.70.010 were repealed
by 1995 c 226 § 35, effective June 30, 2001.
**(2) RCW 43.165.010 was amended by 1996 c 290 § 2, changing
subsection (3)(c) to subsection (3)(d).
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
43.21J.030 Environmental enhancement and job
creation task force. (1) There is created the environmental
enhancement and job creation task force within the office of
the governor. The purpose of the task force is to provide a
coordinated and comprehensive approach to implementation
of chapter 516, Laws of 1993. The task force shall consist
of the commissioner of public lands, the director of the
department of fish and wildlife, the director of the department of ecology, the director of the parks and recreation
commission, the timber team coordinator, the executive
director of the work force training and education coordinating board, and the executive director of the *Puget
Sound water quality authority, or their designees. The task
force may seek the advice of the following agencies and
organizations: The department of community, trade, and
economic development, the conservation commission, the
employment security department, the interagency committee
for outdoor recreation, appropriate federal agencies, appropriate special districts, the Washington state association of
counties, the association of Washington cities, labor organizations, business organizations, timber-dependent communities, environmental organizations, and Indian tribes. The
governor shall appoint the task force chair. Members of the
task force shall serve without additional pay. Participation
in the work of the committee by agency members shall be
considered in performance of their employment. The
governor shall designate staff and administrative support to
the task force and shall solicit the participation of agency
personnel to assist the task force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the
criteria set forth in RCW 43.21J.040, requests for funds from
the **environmental and forest restoration account and
making distributions from the account. The task force shall
award funds for projects and training programs it approves
and may allocate the funds to state agencies for disbursement
and contract administration;
(b) Coordinating a process to assist state agencies and
local governments to implement effective environmental and
forest restoration projects funded under this chapter;
(c) Considering unemployment profile data provided by
the employment security department.
(3) Beginning July 1, 1994, the task force shall have the
following responsibilities:
(a) To solicit and evaluate proposals from state and
local agencies, private nonprofit organizations, and tribes for
environmental and forest restoration projects;
(b) To rank the proposals based on criteria developed by
the task force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be
funded from the account created in **RCW 43.21J.020 and
for projects or programs as designated in the omnibus
(2002 Ed.)
Environmental and Forest Restoration Projects
operating and capital appropriations acts. [1998 c 245 § 60;
1994 c 264 § 17; 1993 c 516 § 5.]
Reviser’s note: *(1) The Puget Sound water quality authority and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§
11 and 12. Powers, duties, and functions of the Puget Sound water quality
authority pertaining to cleanup and protection of Puget Sound transferred to
the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
**(2) The "environmental and forest restoration account" was created
in RCW 43.21J.020 which was repealed by 2000 c 150 § 2, effective July
1, 2001.
43.21J.040 Environmental enhancement and
restoration project proposals—Evaluation—Award of
funds. (1) Subject to the limitations of *RCW 43.21J.020,
the task force shall award funds from the *environmental
and forest restoration account on a competitive basis. The
task force shall evaluate and rate environmental enhancement
and restoration project proposals using the following criteria:
(a) The ability of the project to produce measurable
improvements in water and habitat quality;
(b) The cost-effectiveness of the project based on: (i)
Projected costs and benefits of the project; (ii) past costs and
environmental benefits of similar projects; and (iii) the
ability of the project to achieve cost efficiencies through its
design to meet multiple policy objectives;
(c) The inclusion of the project as a high priority in a
federal, state, tribal, or local government plan relating to
environmental or forest restoration, including but not limited
to a local watershed action plan, storm water management
plan, capital facility plan, growth management plan, or a
flood control plan; or the ranking of the project by conservation districts as a high priority for water quality and habitat
improvements;
(d) The number of jobs to be created by the project for
dislocated forest products workers, high-risk youth, and
residents of impact areas;
(e) Participation in the project by environmental
businesses to provide training, cosponsor projects, and
employ or jointly employ project participants;
(f) The ease with which the project can be administered
from the community the project serves;
(g) The extent to which the project will either augment
existing efforts by organizations and governmental entities
involved in environmental and forest restoration in the
community or receive matching funds, resources, or in-kind
contributions; and
(h) The capacity of the project to produce jobs and jobrelated training that will pay market rate wages and impart
marketable skills to workers hired under this chapter.
(2) The following types of projects and programs shall
be given top priority in the first fiscal year after July 1,
1993:
(a) Projects that are highly ranked in and implement
adopted or approved watershed action plans, such as those
developed pursuant to **Puget Sound water quality authority
rules adopted for local planning and management of
nonpoint source pollution;
(b) Conservation district projects that provide water
quality and habitat improvements;
(c) Indian tribe projects that provide water quality and
habitat improvements; or
(2002 Ed.)
43.21J.030
(d) Projects that implement actions approved by a
shellfish protection district under chapter 100, Laws of 1992.
(3) Funds shall not be awarded for the following
activities:
(a) Administrative rule making;
(b) Planning; or
(c) Public education. [1993 c 516 § 4.]
Reviser’s note: *(1) The "environmental and forest restoration
account" was created in RCW 43.21J.020 which was repealed by 2000 c
150 § 2, effective July 1, 2001.
**(2) The Puget Sound water quality authority and its powers and
duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated
June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and 12.
Powers, duties, and functions of the Puget Sound water quality authority
pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
43.21J.050 Training or employment. (1) Eligibility
for training or employment in projects funded through the
*environmental and forest restoration account shall, to the
extent practicable, be for workers who are currently unemployed.
(2) To the greatest extent practicable, the following
groups of individuals shall be given preference for training
or employment in projects funded through the *environmental and forest restoration account:
(a) Dislocated workers who are receiving unemployment
benefits or have exhausted unemployment benefits; and
(b) High-risk youth.
(3) Projects funded for forest restoration shall be for
workers whose employment was terminated in the Washington forest products industry within the previous four years.
(4) The task force shall submit a list to private industry
councils and the employment security department of projects
receiving funds under the provisions of this chapter. The list
shall include the number, location, and types of jobs expected to be provided by each project. The employment security
department shall recruit workers for these jobs by:
(a) Notifying dislocated forest workers who meet the
definitions in chapter 50.70 RCW, who are receiving
unemployment benefits or who have exhausted unemployment benefits, of their eligibility for the programs;
(b) Notifying other unemployed workers;
(c) Developing a pool of unemployed workers including
high-risk youth eligible to enroll in the program; and
(d) Establishing procedures for workers to apply to the
programs.
(5) The employment security department shall refer
eligible workers to employers hiring under the *environmental and forest restoration account programs. Recipients
of funds shall consider the list of eligible workers developed
by the employment security department before conducting
interviews or making hiring decisions. Recipients of funds
shall ensure that workers are aware of whatever opportunities
for vocational training, job placement, and remedial education are available from the employment security department.
(6) An individual is eligible for applicable employment
security benefits while participating in training related to this
chapter. Eligibility shall be confirmed by the commissioner
of employment security by submitting a commissionerapproved training waiver.
(7) Persons receiving funds from the *environmental
and forest restoration account shall not be considered state
[Title 43 RCW—page 161]
43.21J.050
Title 43 RCW: State Government—Executive
employees for the purposes of existing provisions of law
with respect to hours of work, sick leave, vacation, and civil
service but shall receive health benefits. Persons receiving
funds from this account who are hired by a state agency,
except for Washington conservation and service corps
enrollees, shall receive medical and dental benefits as
provided under chapter 41.05 RCW and industrial insurance
coverage under Title 51 RCW, but are exempt from the
provisions of chapter 41.06 RCW.
(8) Compensation for employees, except for Washington
conservation and service corps enrollees, hired under the
program established by this chapter shall be based on market
rates in accordance with the required skill and complexity of
the jobs created. Remuneration paid to employees under this
chapter shall be considered covered employment for purposes of chapter 50.04 RCW.
(9) Employment under this program shall not result in
the displacement or partial displacement, whether by the
reduction of hours of nonovertime work, wages, or other
employment benefits, of currently employed workers, including but not limited to state civil service employees, or of
currently or normally contracted services. [1993 c 516 § 8.]
*Reviser’s note: The "environmental and forest restoration account"
was created in RCW 43.21J.020 which was repealed by 2000 c 150 § 2,
effective July 1, 2001.
43.21J.060 Unemployment compensation benefits—
Training. An individual shall be considered to be in
training with the approval of the commissioner as defined in
RCW 50.20.043, and be eligible for applicable unemployment insurance benefits while participating in and making
satisfactory progress in training related to this chapter.
[1993 c 516 § 9.]
43.21J.070 Unemployment compensation benefits—
Special base year and benefit year. For the purpose of
providing the protection of the unemployment compensation
system to individuals at the conclusion of training or
employment obtained as a result of this chapter, a special
base year and benefit year are established.
(1) Only individuals who have entered training or
employment provided by the *environmental and forest
restoration account, and whose employment or training under
such account was not considered covered under chapter
50.04 RCW, shall be allowed the special benefit provisions
of this chapter.
(2) An application for initial determination made under
this chapter must be filed in writing with the employment
security department within twenty-six weeks following the
week in which the individual commenced employment or
training obtained as a result of this chapter. Notice from the
individual, from the employing entity, or notice of hire from
employment security department administrative records shall
satisfy this requirement.
(3) For the purpose of this chapter, a special base year
is established for an individual consisting of the first four of
the last five completed calendar quarters, or if a benefit year
is not established using the first four of the last five completed calendar quarters as the base year, the last four completed
calendar quarters immediately prior to the first day of the
calendar week in which the individual began employment or
[Title 43 RCW—page 162]
training provided by the *environmental and forest restoration account.
(4) A special individual benefit year is established
consisting of the entire period of training or employment
provided by the *environmental and forest restoration
account and a fifty-two consecutive week period commencing with the first day of the calendar week in which the
individual last participated in such employment or training.
No special benefit year shall have a duration in excess of
three hundred twelve calendar weeks. Such special benefit
year will not be established unless the criteria contained in
RCW 50.04.030 has been met, except that an individual
meeting the requirements of this chapter and who has an
unexpired benefit year established which would overlap the
special benefit year may elect to establish a special benefit
year under this chapter, notwithstanding the provisions in
RCW 50.04.030 relating to establishment of a subsequent
benefit year, and RCW 50.40.010 relating to waiver of
rights. Such unexpired benefit year shall be terminated with
the beginning of the special benefit year if the individual
elects to establish a special benefit year under this chapter.
(5) The individual’s weekly benefit amount and maximum amount payable during the special benefit year shall be
governed by the provisions contained in RCW 50.20.120.
The individual’s basic and continuing right to benefits shall
be governed by the general laws and rules relating to the
payment of unemployment compensation benefits to the
extent that they are not in conflict with the provisions of this
chapter.
(6) The fact that wages, hours, or weeks worked during
the special base year may have been used in computation of
a prior valid claim for unemployment compensation shall not
affect a claim for benefits made under the provisions of this
chapter. However, wages, hours, and weeks worked used in
computing entitlement on a claim filed under this chapter
shall not be available or used for establishing entitlement or
amount of benefits in any succeeding benefit year.
(7) Benefits paid to an individual filing under the
provisions of this section shall not be charged to the experience rating account of any contribution paying employer.
[1993 c 516 § 10.]
*Reviser’s note: The "environmental and forest restoration account"
was created in RCW 43.21J.020 which was repealed by 2000 c 150 § 2,
effective July 1, 2001.
43.21J.800 Joint legislative audit and review
committee report. On or before June 30, 1998, the joint
legislative audit and review committee shall prepare a report
to the legislature evaluating the implementation of the
environmental restoration jobs act of 1993, chapter 516,
Laws of 1993. [1996 c 288 § 36; 1993 c 516 § 11.]
43.21J.900 Short title—1993 c 516. This act shall be
known as the environmental restoration jobs act of 1993.
[1993 c 516 § 15.]
43.21J.901 Section captions and part headings—
1993 c 516. Section captions and part headings as used in
this act constitute no part of the law. [1993 c 516 § 16.]
(2002 Ed.)
Environmental and Forest Restoration Projects
43.21J.902 Severability—1993 c 516. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 c 516 § 17.]
43.21J.903 Conflict with federal requirements—
1993 c 516. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state or the eligibility
of employers in this state for federal unemployment tax
credits, the conflicting part of this act is hereby declared to
be inoperative solely to the extent of the conflict, and such
finding or determination shall not affect the operation of the
remainder of this act. The rules under this act shall meet
federal requirements that are a necessary condition to the
receipt of federal funds by the state or the granting of federal
unemployment tax credits to employers in this state. [1993
c 516 § 19.]
43.21J.904 Effective date—1993 c 516. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 516 § 20.]
Chapter 43.21K
ENVIRONMENTAL EXCELLENCE
PROGRAM AGREEMENTS
Sections
43.21K.005
43.21K.010
43.21K.020
43.21K.030
43.21K.040
43.21K.050
43.21K.060
43.21K.070
43.21K.080
43.21K.090
43.21K.100
43.21K.110
43.21K.120
43.21K.130
43.21K.140
43.21K.150
43.21K.160
43.21K.170
Purpose—1997 c 381.
Definitions.
Agreements—Environmental results.
Authority for agreements—Restrictions.
Proposals for agreements.
Stakeholder participation.
Terms and conditions of agreements.
Public comment—Notice—Responsiveness summary—Copy
to federal agency.
Effect of agreements on legal requirements and permits—
Permit revisions—Programmatic agreements.
Judicial review.
Continued effect of agreements and permits—Modification
of affected permit or approval.
Enforceable and voluntary commitments—Enforcement
actions.
Reduced fee schedule.
Rule-making authority.
Advisory committee.
Costs of processing proposals—Fees—Voluntary contributions.
Termination of authority to enter into agreements.
Environmental excellence account.
43.21K.005 Purpose—1997 c 381. The purpose of
chapter 381, Laws of 1997 is to create a voluntary program
authorizing environmental excellence program agreements
with persons regulated under the environmental laws of the
state of Washington, and to direct agencies of the state of
Washington to solicit and support the development of
agreements that use innovative environmental measures or
strategies to achieve environmental results more effectively
or efficiently.
(2002 Ed.)
43.21J.902
Agencies shall encourage environmental excellence
program agreements that favor or promote pollution prevention, source reduction, or improvements in practices that are
transferable to other interested entities or that can achieve
better overall environmental results than required by otherwise applicable rules and requirements.
In enacting chapter 381, Laws of 1997 it is not the
intent of the legislature that state environmental standards be
applied in a manner that could result in these state standards
being waived under section 121 of the federal comprehensive
environmental response, compensation, and liability act (42
U.S.C. Sec. 9261). [1997 c 381 § 1.]
43.21K.010 Definitions. The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "State, regional, or local agency" means an agency,
board, department, authority, or commission that administers
environmental laws.
(2) "Coordinating agency" means the state, regional, or
local agency with the primary regulatory responsibility for
the proposed environmental excellence program agreement.
If multiple agencies have jurisdiction to administer state
environmental laws affected by an environmental excellence
agreement, the department of ecology shall designate or act
as the coordinating agency.
(3) "Director" means the individual or body of individuals in whom the ultimate legal authority of an agency is
vested by any provision of law. If the agency head is a
body of individuals, a majority of those individuals constitutes the director.
(4) "Environmental laws" means chapters 43.21A, 70.94,
70.95, 70.105, 70.119A, *75.20, 90.48, 90.52, 90.58, 90.64,
and 90.71 RCW, and RCW 90.54.020(3)(b) and rules
adopted under those chapters and section. The term environmental laws as used in this chapter does not include any
provision of the Revised Code of Washington, or of any
municipal ordinance or enactment, that regulates the selection of a location for a new facility.
(5) "Facility" means a site or activity that is regulated
under any of the provisions of the environmental laws.
(6) "Legal requirement" includes any provision of an
environmental law, rule, order, or permit.
(7) "Sponsor" means the owner or operator of a facility,
including a municipal corporation, subject to regulation
under the environmental laws of the state of Washington, or
an authorized representative of the owner or operator, that
submits a proposal for an environmental excellence program
agreement.
(8) "Stakeholder" means a person who has a direct
interest in the proposed environmental excellence program
agreement or who represents a public interest in the proposed environmental excellence program agreement.
Stakeholders may include communities near the project, local
or state governments, permittees, businesses, environmental
and other public interest groups, employees or employee
representatives, or other persons. [1997 c 381 § 2.]
*Reviser’s note: Chapter 75.20 RCW was recodified as chapter 77.55
RCW by 2000 c 107. See Comparative Table for that chapter in the Table
of Disposition of Former RCW Sections, Volume 0.
[Title 43 RCW—page 163]
43.21K.020
Title 43 RCW: State Government—Executive
43.21K.020 Agreements—Environmental results.
An environmental excellence program agreement entered into
under this chapter must achieve more effective or efficient
environmental results than the results that would be otherwise achieved. The basis for comparison shall be a reasonable estimate of the overall impact of the participating
facility on the environment in the absence of an environmental excellence program agreement. More effective environmental results are results that are better overall than those
that would be achieved under the legal requirements superseded or replaced by the agreement. More efficient environmental results are results that are achieved at reduced cost
but do not decrease the overall environmental results
achieved by the participating facility. An environmental
excellence program agreement may not authorize either (1)
the release of water pollutants that will cause to be exceeded,
at points of compliance in the ambient environment established pursuant to law, numeric surface water or ground
water quality criteria or numeric sediment quality criteria
adopted as rules under chapter 90.48 RCW; or (2) the
emission of any air contaminants that will cause to be
exceeded any air quality standard as defined in RCW
70.94.030(3); or (3) a decrease in the overall environmental
results achieved by the participating facility compared with
results achieved over a representative period before the date
on which the agreement is proposed by the sponsor.
However, an environmental excellence program agreement
may authorize reasonable increases in the release of pollutants to permit increases in facility production or facility
expansion and modification. [1997 c 381 § 3.]
43.21K.030 Authority for agreements—Restrictions.
(1) The director of a state, regional, or local agency may
enter into an environmental excellence program agreement
with any sponsor, even if one or more of the terms of the
environmental excellence program agreement would be
inconsistent with an otherwise applicable legal requirement.
An environmental excellence program agreement must meet
the requirements of RCW 43.21K.020. Otherwise applicable
legal requirements identified according to RCW
43.21K.060(1) shall be superseded and replaced in accordance with RCW 43.21K.080.
(2) The director of a state, regional, or local agency may
enter into an environmental excellence program agreement
only to the extent the state, regional, or local agency has
jurisdiction to administer state environmental laws either
directly or indirectly through the adoption of rules.
(3) Where a sponsor proposes an environmental excellence program agreement that would affect legal requirements applicable to the covered facility that are administered
by more than one state, regional, or local agency, the coordinating agency shall take the lead in developing the
environmental excellence program agreement with the
sponsor and other agencies administering legal requirements
applicable to the covered facility and affected by the
agreement. The environmental excellence program agreement does not become effective until the agreement is
approved by the director of each agency administering legal
requirements identified according to RCW 43.21K.060(1).
(4) No director may enter into an environmental
excellence program agreement applicable to a remedial
[Title 43 RCW—page 164]
action conducted under the Washington model toxics control
act, chapter 70.105D RCW, or the federal comprehensive
environmental response, compensation and liability act (42
U.S.C. Sec. 9601 et seq.). No action taken under this
chapter shall be deemed a waiver of any applicable, relevant,
or appropriate requirements for any remedial action conducted under the Washington model toxics control act or the
federal comprehensive environmental response, compensation
and liability act.
(5) The directors of state, regional, or local agencies
shall not enter into an environmental excellence program
agreement or a modification of an environmental excellence
program agreement containing terms affecting legal requirements adopted to comply with provisions of a federal
regulatory program and to which the responsible federal
agency objects after notice under the terms of RCW
43.21K.070(4).
(6) The directors of regional or local governments may
not enter into an environmental excellence program agreement or a modification of an environmental excellence
program agreement containing terms affecting legal requirements that are subject to review or appeal by a state agency,
including but not limited to chapters 70.94, 70.95, and 90.58
RCW, and to which the responsible state agency objects after
notice is given under the terms of RCW 43.21K.070(4).
[1997 c 381 § 4.]
43.21K.040 Proposals for agreements. (1) A sponsor
may propose an environmental excellence program agreement. A trade association or other authorized representative
of a sponsor or sponsors may propose a programmatic
environmental excellence program agreement for multiple
facilities.
(2) A sponsor must submit, at a minimum, the following
information and other information that may be requested by
the director or directors required to sign the agreement:
(a) A statement that describes how the proposal is
consistent with the purpose of this chapter and the project
approval criteria in RCW 43.21K.020;
(b)(i) For a site-specific proposal, a comprehensive
description of the proposed environmental excellence project
that includes the nature of the facility and the operations that
will be affected, how the facility or operations will achieve
results more effectively or efficiently, and the nature of the
results anticipated; or
(ii) For a programmatic proposal, a comprehensive
description of the proposed environmental excellence project
that identifies the facilities and the operations that are
expected to participate, how participating facilities or
operations will achieve environmental results more effectively or efficiently, the nature of the results anticipated, and the
method to identify and document the commitments made by
individual participants;
(c) An environmental checklist, containing sufficient
information to reasonably inform the public of the nature of
the proposed environmental excellence program agreement
and describing probable significant adverse environmental
impacts and environmental benefits expected from implementation of the proposal;
(d) A draft environmental excellence program agreement;
(2002 Ed.)
Environmental Excellence Program Agreements
(e) A description of the stakeholder process as provided
in RCW 43.21K.050;
(f) A preliminary identification of the permit amendments or modifications that may be necessary to implement
the proposed environmental excellence program agreement.
[1997 c 381 § 5.]
43.21K.050 Stakeholder participation. (1)
Stakeholder participation in and support for an environmental
excellence program agreement is vital to the integrity of the
environmental excellence program agreement and helps to
inform the decision whether an environmental excellence
program agreement can be approved.
(2) A proposal for an environmental excellence program
agreement shall include the sponsor’s plan to identify and
contact stakeholders, to advise stakeholders of the facts and
nature of the project, and to request stakeholder participation
and review. Stakeholder participation and review shall occur
during the development, consideration, and implementation
stages of the proposed environmental excellence program
agreement. The plan shall include notice to the employees
of the facility to be covered by the proposed environmental
excellence program agreement and public notice in the area
of the covered facility.
(3) The coordinating agency shall extend an invitation
to participate in the development of the proposal to a broad
and representative sector of the public likely to be affected
by the environmental excellence program agreement, including representatives of local community, labor, environmental, and neighborhood advocacy groups. The coordinating agency shall select participants to be included in the
stakeholder process that are representative of the diverse sectors of the public that are interested in the agreement. The
stakeholder process shall include the opportunity for discussion and comment at multiple stages of the process and
access to the information relied upon by the directors in
approving the agreement.
(4) The coordinating agency will identify any additional
provisions for the stakeholder process that the director of the
coordinating agency, in the director’s sole discretion,
considers appropriate to the success of the stakeholder
process, and provide for notice to the United States environmental protection agency or other responsible federal agency
of each proposed environmental excellence program agreement that may affect legal requirements of any program
administered by that agency. [1997 c 381 § 6.]
43.21K.060 Terms and conditions of agreements.
An environmental excellence program agreement must
contain the following terms and conditions:
(1) An identification of all legal requirements that are
superseded or replaced by the environmental excellence
program agreement;
(2) A description of all legal requirements that are
enforceable as provided in RCW 43.21K.110(1) that are
different from those legal requirements applicable in the
absence of the environmental excellence program agreement;
(3) A description of the voluntary goals that are or will
be pursued by the sponsor;
(2002 Ed.)
43.21K.040
(4) A statement describing how the environmental
excellence program agreement will achieve the purposes of
this chapter;
(5) A statement describing how the environmental
excellence program agreement will be implemented, including a list of steps and an implementation schedule;
(6) A statement that the proposed environmental
excellence program agreement will not increase overall
worker safety risks or cause an unjust or disproportionate
and inequitable distribution of environmental risks among
diverse economic and cultural communities;
(7) A summary of the stakeholder process that was followed in the development of the environmental excellence
program agreement;
(8) A statement describing how any participating facility
shall measure and demonstrate its compliance with the
environmental excellence program agreement including,
without limitation, a description of the methods to be used
to monitor performance, criteria that represent acceptable
performance, and the method of reporting performance to the
public and local communities. The facility’s compliance
with the agreement must be independently verifiable;
(9) A description of and plan for public participation in
the implementation of the environmental excellence program
agreement and for public access to information needed to
assess the benefits of the environmental excellence program
agreement and the sponsor’s compliance with the environmental excellence program agreement;
(10) A schedule of periodic performance review of the
environmental excellence program agreement by the directors
that signed the agreement;
(11) Provisions for voluntary and involuntary termination of the agreement;
(12) The duration of the environmental excellence
program agreement and provisions for renewal;
(13) Statements approving the environmental excellence
program agreement made by the sponsor and by or on behalf
of directors of each state, regional, or local agency administering legal requirements that are identified according to
subsection (1) of this section;
(14) Additional terms as requested by the directors
signing the environmental excellence program agreement and
consistent with this chapter;
(15) Draft permits or permit modifications as needed to
implement the environmental excellence program agreement;
(16) With respect to a programmatic environmental
excellence program agreement, a statement of the method
with which to identify and document the specific commitments to be made by individual participants. [1997 c 381 §
7.]
43.21K.070
Public comment—Notice—
Responsiveness summary—Copy to federal agency. (1)
The coordinating agency shall provide at least thirty days
after notice has been published in a newspaper under
subsection (2) of this section for public comment on a
proposal to enter into or modify an environmental excellence
program agreement. The coordinating agency may provide
for an additional period of public comment if required by the
complexity of the proposed environmental excellence
program agreement and the degree of public interest. Before
[Title 43 RCW—page 165]
43.21K.070
Title 43 RCW: State Government—Executive
the start of the comment period, the coordinating agency
shall prepare a proposed agreement, a public notice and a
fact sheet. The fact sheet shall: (a) Briefly describe the
principal facts and the significant factual, legal, methodological and policy questions considered by the directors signing
the agreement, and the directors’ proposed decisions; and (b)
briefly describe how the proposed action meets the requirements of RCW 43.21K.020.
(2) The coordinating agency shall publish notice of the
proposed agreement in the Washington State Register and in
a newspaper of general circulation in the vicinity of the
facility or facilities covered by the proposed environmental
excellence program agreement. The notice shall generally
describe the agreement or modification; the facilities to be
covered; summarize the changes in legal requirements that
will result from the agreement; summarize the reasons for
approving the agreement or modifications; identify an agency
person to contact for additional information; state that the
proposed agreement or modification and fact sheet are
available on request; and state that comments may be
submitted to the agency during the comment period. The
coordinating agency shall order a public informational
meeting or a public hearing to receive oral comments if the
written comments during the comment period demonstrate
considerable public interest in the proposed agreement.
(3) The coordinating agency shall prepare and make
available a responsiveness summary indicating the agencies’
actions taken in response to comments and the reasons for
those actions.
(4) With respect to an environmental excellence program agreement that affects legal requirements adopted to
comply with provisions of a federal regulatory program, the
coordinating agency shall provide a copy of the environmental excellence program agreement, and a copy of the notice
required by subsection (1) of this section, to the federal
agency that is responsible for administering that program at
least thirty days before entering into or modifying the
environmental excellence program agreement, and shall
afford the federal agency the opportunity to object to those
terms of the environmental excellence program agreement or
modification of an environmental excellence program
agreement affecting the legal requirements. The coordinating agency shall provide similar notice to state agencies that
have statutory review or appeal responsibilities regarding
provisions of the environmental excellence program agreement. [1997 c 381 § 8.]
43.21K.080 Effect of agreements on legal requirements and permits—Permit revisions—Programmatic
agreements. (1) Notwithstanding any other provision of
law, any legal requirement identified under RCW
43.21K.060(1) shall be superseded or replaced in accordance
with the terms of the environmental excellence program
agreement. Legal requirements contained in a permit that
are affected by an environmental excellence program
agreement will continue to be enforceable until such time as
the permit is revised in accordance with subsection (2) of
this section. With respect to any other legal requirements,
the legal requirements contained in the environmental
excellence program agreement are effective as provided by
the environmental excellence program agreement, and the
[Title 43 RCW—page 166]
facility or facilities covered by an environmental excellence
program agreement shall comply with the terms of the
environmental excellence program agreement in lieu of the
legal requirements that are superseded and replaced by the
approved environmental excellence program agreement.
(2) Any permits affected by an environmental excellence
program agreement shall be revised to conform to the
environmental excellence program agreement by the agency
with jurisdiction. The permit revisions will be completed
within one hundred twenty days of the effective date of the
agreement in accordance with otherwise applicable procedural requirements, including, where applicable, public notice
and the opportunity for comment, and the opportunity for
review and objection by federal agencies.
(3) Other than as superseded or replaced as provided in
an approved environmental excellence program agreement,
any existing permit requirements remain in effect and are
enforceable.
(4) A programmatic environmental excellence program
agreement shall become applicable to an individual facility
when all directors entering into the programmatic agreement
approve the owner or operator’s commitment to comply with
the agreement. A programmatic agreement may not take
effect, however, until notice and an opportunity to comment
for the individual facility has been provided in accordance
with the requirements of RCW 43.21K.070 (1) through (3).
[1997 c 381 § 9.]
43.21K.090 Judicial review. (1) A decision by the
directors of state, regional, or local agencies to approve a
proposed environmental excellence program agreement, or to
terminate or modify an approved environmental excellence
program agreement, is subject to judicial review in superior
court. For purposes of judicial review, the court may grant
relief from the decision to approve or modify an environmental excellence program agreement only if it determines
that the action: (a) Violates constitutional provisions; (b)
exceeds the statutory authority of the agency; (c) was
arbitrary and capricious; or (d) was taken without compliance with the procedures provided by this chapter. However, the decision of the director or directors shall be accorded
substantial deference by the court. A decision not to enter
into or modify an environmental excellence program agreement and a decision not to accept a commitment under RCW
43.21K.080(4) to comply with the terms of a programmatic
environmental excellence [program] agreement are within the
sole discretion of the directors of the state, regional, or local
agencies and are not subject to review.
(2) An appeal from a decision to approve or modify a
facility specific or a programmatic environmental excellence
program agreement is not timely unless filed with the
superior court and served on the parties to the environmental
excellence program agreement within thirty days of the date
on which the agreement or modification is signed by the
director. For an environmental excellence program agreement or modification signed by more than one director, there
is only one appeal, and the time for appeal shall run from
the last date on which the agreement or modification is
signed by a director.
(3) A decision to accept the commitment of a specific
facility to comply with the terms of a programmatic environ(2002 Ed.)
Environmental Excellence Program Agreements
mental excellence program agreement, or to modify the
application of an agreement to a specific facility, is subject
to judicial review as described in subsection (1) of this
section. An appeal is not timely unless filed with the
superior court and served on the directors signing the agreement, the sponsor, and the owner or operator of the specific
facility within thirty days of the date the director or directors
that signed the programmatic agreement approve the owner
or operator’s commitment to comply with the agreement.
For a programmatic environmental excellence program
agreement or modification signed by more than one director,
there shall be only one appeal and the time for appeal shall
run from the last date on which a director approves the commitment.
(4) The issuance of permits and permit modifications is
subject to review under otherwise applicable law.
(5) An appeal of a decision by a director under *section
11 of this act to terminate in whole or in part a facility
specific or programmatic environmental excellence program
agreement is not timely unless filed with the superior court
and served on the director within thirty days of the date on
which notice of the termination is issued under *section
11(2) of this act. [1997 c 381 § 10.]
*Reviser’s note: Section 11 of this act was vetoed by the governor.
43.21K.100 Continued effect of agreements and
permits—Modification of affected permit or approval.
After a termination under *section 11 of this act is final and
no longer subject to judicial review, the sponsor has sixty
days in which to apply for any permit or approval affected
by any terminated portion of the environmental excellence
program agreement. An application filed during the
sixty-day period shall be deemed a timely application for
renewal of a permit under the terms of any applicable law.
Except as provided in *section 11(4) of this act, the terms
and conditions of the environmental excellence program
agreement and of permits issued will continue in effect until
a final permit or approval is issued. If the sponsor fails to
submit a timely or complete application, any affected permit
or approval may be modified at any time that is consistent
with applicable law. [1997 c 381 § 12.]
*Reviser’s note: Section 11 of this act was vetoed by the governor.
43.21K.110 Enforceable and voluntary commitments—Enforcement actions. (1) The legal requirements
contained in the environmental excellence program agreement in accordance with RCW 43.21K.060(2) are enforceable commitments of the facility covered by the agreement.
Any violation of these legal requirements is subject to
penalties and remedies to the same extent as the legal
requirements that they superseded or replaced.
(2) The voluntary goals stated in the environmental
excellence program agreement in accordance with RCW
43.21K.060(3) are voluntary commitments of the facility
covered by the agreement. If the facility fails to meet these
goals, it shall not be subject to any form of enforcement
action, including penalties, orders, or any form of injunctive
relief. The failure to make substantial progress in meeting
these goals may be a basis on which to terminate the
environmental excellence program agreement under *section
11 of this act.
(2002 Ed.)
43.21K.090
(3) Nothing in this chapter limits the authority of an
agency, the attorney general, or a prosecuting attorney to
initiate an enforcement action for violation of any applicable
legal requirement. However, no civil, criminal, or administrative action may be brought with respect to any legal
requirement that is superseded or replaced under the terms
of an environmental excellence program agreement.
(4) This chapter does not create any new authority for
citizen suits, and does not alter or amend other statutory
provisions authorizing citizen suits. [1997 c 381 § 13.]
*Reviser’s note: Section 11 of this act was vetoed by the governor.
43.21K.120 Reduced fee schedule. An environmental
excellence program agreement may contain a reduced fee
schedule with respect to a program applicable to the covered
facility or facilities. [1997 c 381 § 14.]
43.21K.130 Rule-making authority. Any state,
regional, or local agency administering programs under an
environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an
agency adopt rules or ordinances in order to consider or
enter into environmental excellence program agreements.
[1997 c 381 § 16.]
43.21K.140 Advisory committee. The director of the
department of ecology shall appoint an advisory committee
to review the effectiveness of the environmental excellence
program agreement program and to make a recommendation
to the legislature concerning the continuation, termination, or
modification of the program. The committee also may make
recommendations it considers appropriate for revision of any
regulatory program that is affected by an environmental
excellence program agreement. The committee shall be
composed of one representative each from two state agencies, two representatives of the regulated community, and
two representatives of environmental organizations or other
public interest groups. The committee must submit a report
and its recommendation to the legislature not later than
October 31, 2001. The department of ecology shall provide
the advisory committee with such support as they may
require. [1997 c 381 § 17.]
43.21K.150 Costs of processing proposals—Fees—
Voluntary contributions. (1) Agencies authorized to enter
into environmental excellence program agreements may
assess and collect a fee to recover the costs of processing
environmental excellence program agreement proposals. The
amount of the fee may not exceed the direct and indirect
costs of processing the environmental excellence program
agreement proposal. Processing includes, but is not limited
to: Working with the sponsor to develop the agreement,
meeting with stakeholder groups, conducting public meetings
and hearings, preparing a record of the decision to enter into
or modify an agreement, and defending any appeal from a
decision to enter into or modify an agreement. Fees also
may include, to the extent specified by the agreement, the
agencies’ direct costs of monitoring compliance with those
specific terms of an agreement not covered by permits issued
to the participating facility.
[Title 43 RCW—page 167]
43.21K.150
Title 43 RCW: State Government—Executive
(2) Agencies assessing fees may graduate the initial fees
for processing an environmental excellence program agreement proposal to account for the size of the sponsor and to
make the environmental excellence program agreement
program more available to small businesses. An agency may
exercise its discretion to waive all or any part of the fees.
(3) Sponsors may voluntarily contribute funds to the
administration of an agency’s environmental excellence
program agreement program. [1997 c 381 § 18.]
43.21K.160 Termination of authority to enter into
agreements. The authority of a director to enter into a new
environmental excellence program agreement program shall
be terminated June 30, 2002. Environmental excellence
program agreements entered into before June 30, 2002, shall
remain in force and effect subject to the provisions of this
chapter. [1997 c 381 § 19.]
43.21K.170 Environmental excellence account. The
environmental excellence account is hereby created in the
state treasury. All fees and voluntary contributions collected
by state agencies under RCW 43.21K.150 shall be deposited
into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be
used only for purposes consistent with the environmental
excellence program created under this chapter. Moneys in
the account may be appropriated to each agency in an
amount equal to the amount each agency collects and
deposits into the account. [1997 c 381 § 32.]
Chapter 43.22
DEPARTMENT OF LABOR AND INDUSTRIES
Sections
43.22.005
43.22.010
43.22.020
43.22.030
43.22.040
43.22.050
43.22.051
43.22.053
43.22.260
43.22.270
43.22.282
43.22.290
43.22.300
43.22.310
43.22.330
43.22.331
43.22.335
43.22.340
43.22.345
43.22.350
43.22.355
Deputy directors.
Divisions of department—Personnel.
Supervisor of industrial insurance—Appointment—
Authority—Personnel.
Powers and duties.
Supervisor of industrial safety and health—Appointment—
Authority—Personnel.
Powers and duties.
Rule making restricted.
Supervisor of building and construction safety inspection
services—Appointment—Authority—Personnel.
Supervisor of industrial relations—Appointment—
Authority—Personnel.
Powers and duties.
Industrial welfare committee abolished—Transfer of powers,
duties, and functions.
Reports by employers.
Compelling attendance of witnesses and testimony—Penalty.
Access to plants—Penalty for refusal.
Annual report.
Annual report on workers’ compensation fraud.
Manufactured homes, mobile homes, recreational vehicles—
Definitions.
Manufactured homes, mobile homes, recreational vehicles—
Safety rules—Compliance.
Mobile homes, recreational or commercial vehicles—
Penalty.
Mobile homes, recreational or commercial vehicles—
Compliance insignia—Fee schedule—Out-of-state sales.
Mobile homes, recreational or commercial vehicles—Selfcertification for recreational vehicles and park trailers—
[Title 43 RCW—page 168]
Procedures—Performance audit of quality control programs.
43.22.360 Mobile homes, recreational or commercial vehicles—Plans
and specifications—Approval—Alterations—Rules.
43.22.370 Mobile homes, recreational or commercial vehicles—Leased,
sold, or manufactured in state prior to July 1, 1968—
Compliance not required—Exception.
43.22.380 Mobile homes, recreational or commercial vehicles—
Manufactured for use outside state—Compliance not
required—Exception.
43.22.390 Mobile homes, recreational or commercial vehicles—Insigne
of approval, when required.
43.22.400 Mobile homes, recreational or commercial vehicles—
Meeting standards of other states at least equal to this
state.
43.22.410 Mobile homes, recreational or commercial vehicles—
Meeting requirements of chapter deemed compliance
with county or city ordinances.
43.22.420 Factory assembled structures advisory board.
43.22.430 RCW 43.22.340 and 43.22.350 through 43.22.420 not to
apply to common carrier equipment.
43.22.431 Manufactured home safety and construction standards—
Enforcement by director of labor and industries authorized.
43.22.432 Manufactured home construction and safety standards and
regulations—Rules.
43.22.433 Violations—Penalties.
43.22.434 Inspections and investigations necessary to adopt or enforce
rules—Director’s duties—Fees.
43.22.435 Altering a mobile or manufactured home—Permit—
Penalties—Appeals—Notice of correction.
43.22.436 Mobile and manufactured home installations—Exemptions
and variances from permitting requirements and alteration rules—Conditional sales of altered mobile and
manufactured homes.
43.22.440 Manufactured and mobile home installation service and
warranty service standards—Enforcement.
43.22.442 Warranty service—Timely compensation for work performed.
43.22.445 Mobile homes—Warranties and inspections—Advertising of
dimensions.
43.22.450 Factory built housing and commercial structures, regulating
installation of—Definitions.
43.22.455 Factory built housing and commercial structures, regulating
installation of—Housing must be approved, have department insignia—Significance of insignia—Modification
of housing during installation must be approved.
43.22.460 Factory built housing and commercial structures, regulating
installation of—Certain requirements reserved to local
jurisdictions.
43.22.465 Factory built housing and commercial structures, regulating
installation of—Injunctive process, procedure.
43.22.470 Factory built housing and commercial structures, regulating
installation of—Delegation of inspection duty to local
agency.
43.22.480 Factory built housing and commercial structures, installation—Rules—Enforcement—Standards—Fees.
43.22.485 Factory built housing and commercial structures, regulating
installation of—Recognizing out-of-state standards,
enforcement, as department approved.
43.22.490 Factory built housing and commercial structures, regulating
installation of—Violation as misdemeanor—Penalty.
43.22.495 Manufactured housing—Department of community, trade,
and economic development duties.
43.22.500 Printing and distribution of publications—Fees.
43.22.505 Printing and distribution of publications—Authorized subject
matters.
43.22.550 Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
Apprenticeship council: RCW 49.04.010, 49.04.030.
Boiler inspections: Chapter 70.79 RCW.
Department created: RCW 43.17.010.
Director
appointment: RCW 43.17.020.
(2002 Ed.)
Department of Labor and Industries
board of pilotage commissioners, ex officio chairman: RCW 88.16.010.
chief assistants: RCW 43.17.040.
oath: RCW 43.17.030.
powers and duties: RCW 43.17.030.
vacancy: RCW 43.17.020, 43.17.040.
Displaced homemaker act, departmental participation: RCW 28B.04.080.
Electrical apparatus use and construction rules, change of, enforcement:
RCW 19.29.040.
Electrical installations
adoption of standards: RCW 19.28.031.
electrical inspectors: RCW 19.28.321.
enforcement duties: RCW 19.28.321.
inspections: RCW 19.28.101.
Explosives, duties: Chapter 70.74 RCW.
Farm labor contractors, duties: Chapter 19.30 RCW.
Industrial deaths, autopsies and post-mortems: RCW 68.50.103 through
68.50.105.
Industrial safety and health standards: Chapter 49.17 RCW.
Labor disputes, arbitration: Chapter 49.08 RCW.
Occupational forecast—Agency consultation: RCW 50.38.030.
Office located at state capital: RCW 43.17.050.
Prevailing wages on public works—Director of labor and industries to
arbitrate disputes: RCW 39.12.060.
Public employees collective bargaining, powers and duties: Chapter 41.56
RCW.
Rules and regulations: RCW 43.17.060.
Seasonal laborers: Chapter 49.40 RCW.
State building code: Chapter 19.27 RCW.
Underground work: Chapter 49.24 RCW.
Victims of crimes, compensation, duties of department: Chapter 7.68 RCW.
Wage collection: Chapter 49.48 RCW.
Wages, minimum: Chapter 49.46 RCW.
43.22.005 Deputy directors. The director of labor
and industries may appoint and deputize two assistant
directors to be known as deputy directors. The director shall
designate one deputy director who, in case a vacancy occurs
in the office of director, shall continue in charge of the
department until a director is appointed and qualified, or the
governor appoints an acting director. [1985 c 325 § 1; 1969
ex.s. c 32 § 2.]
43.22.010 Divisions of department—Personnel. The
department of labor and industries shall be organized into
divisions that promote efficient and effective performance of
the duties the agency is charged by statute to administer.
The director may appoint such clerical and other
assistants as may be necessary for the general administration
of the department. [1994 c 164 § 2; 1974 ex.s. c 27 § 1.
Prior: 1973 1st ex.s. c 153 § 8; 1973 1st ex.s. c 52 § 2;
1971 c 66 § 2; 1969 ex.s. c 32 § 1; 1965 c 8 § 43.22.010;
prior: (i) 1927 c 306 § 1, part; 1917 c 36 § 2, part; RRS §
8637, part. (ii) 1921 c 7 § 74; RRS § 10832.]
Effective date—1973 1st ex.s. c 52: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 52 § 12.]
43.22.020 Supervisor of industrial insurance—
Appointment—Authority—Personnel. The director of
labor and industries shall appoint and deputize an assistant,
to be known as the supervisor of industrial insurance, who
(2002 Ed.)
Chapter 43.22
shall have authority to perform those duties delegated by the
director and by statute.
The director may appoint and employ such adjusters,
medical and other examiners, auditors, inspectors, clerks, and
other assistants as may be necessary to the administration of
workers’ compensation and medical aid in this state. [1994
c 164 § 3; 1965 c 8 § 43.22.020. Prior: 1921 c 7 § 75;
RRS § 10833.]
Industrial insurance: Title 51 RCW.
43.22.030 Powers and duties. The director of labor
and industries shall:
(1) Exercise all the powers and perform all the duties
prescribed by law with respect to the administration of
workers’ compensation and medical aid in this state;
(2) Have the custody of all property acquired by the
state at execution sales upon judgments obtained for delinquent industrial insurance premiums or medical aid contributions, and penalties and costs; sell and dispose of the same
at private sales for the sale purchase price, and pay the
proceeds into the state treasury to the credit of the accident
fund, or medical aid fund, as the case may be. In case of
the sale of real estate the director shall execute the deed in
the name of the state. [1994 c 164 § 4; 1987 c 185 § 16;
1965 c 8 § 43.22.030. Prior: 1921 c 7 § 78, part; RRS §
10836, part.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Workers’ compensation: Title 51 RCW.
43.22.040 Supervisor of industrial safety and
health—Appointment—Authority—Personnel. The
director of labor and industries shall appoint and deputize an
assistant, to be known as the supervisor of industrial safety
and health, who shall have authority to perform those duties
delegated by the director and by statute.
The director may appoint and employ such inspectors,
clerks, and other assistants as may be necessary to carry on
the industrial safety and health work of the department.
[1994 c 164 § 5; 1973 1st ex.s. c 52 § 3; 1965 c 8 §
43.22.040. Prior: 1921 c 7 § 76; RRS § 10834.]
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Administrative expenses: RCW 51.16.105.
43.22.050 Powers and duties. The director of labor
and industries shall:
(1) Exercise all the powers and perform all the duties
prescribed by law in relation to the inspection of factories,
mills, workshops, storehouses, warerooms, stores and
buildings, and the machinery and apparatus therein contained, and steam vessels, and other vessels operated by
machinery, and in relation to the administration and enforcement of all laws and safety standards providing for the
protection of employees in mills, factories, workshops, and
in employments subject to the provisions of Title 51 RCW,
and in relation to the enforcement, inspection, certification,
and promulgation of safe places and safety device standards
in all industries: PROVIDED, HOWEVER, This section
shall not apply to railroads;
[Title 43 RCW—page 169]
43.22.050
Title 43 RCW: State Government—Executive
(2) Exercise all the powers and perform all the duties
prescribed by law in relation to the inspection of tracks,
bridges, structures, machinery, equipment, and apparatus of
street railways, gas plants, electrical plants, water systems,
telephone lines, telegraph lines, and other public utilities,
with respect to the safety of employees, and the administration and enforcement of all laws providing for the
protection of employees of street railways, gas plants,
electrical plants, water systems, telephone lines, telegraph
lines, and other public utilities;
(3) Exercise all the powers and perform all the duties
prescribed by law in relation to the enforcement, amendment,
alteration, change, and making additions to, rules and
regulations concerning the operation, placing, erection,
maintenance, and use of electrical apparatus, and the
construction thereof. [1994 c 164 § 6; 1973 1st ex.s. c 52
§ 4; 1971 ex.s. c 239 § 9; 1965 c 8 § 43.22.050. Prior:
1955 c 173 § 1; 1921 c 7 § 80; RRS § 10838.]
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Severability—1971 ex.s. c 239: See RCW 70.62.900.
Boilers and steam vessels: Chapter 70.79 RCW.
Electrical apparatus: Chapters 19.28, 19.29 RCW.
Elevators, escalators and dumbwaiters: Chapter 70.87 RCW.
Industrial safety and health: Chapter 49.17 RCW.
43.22.051 Rule making restricted. For rules adopted
after July 27, 1997, the director of the department of labor
and industries may not rely solely on a statute’s statement of
intent or purpose, on the enabling provisions of the statute
establishing the agency, or on any combination of those
provisions, for statutory authority to adopt any rule. This
section does not apply to rules adopted under chapter 39.12
RCW. [1997 c 409 § 103.]
Part headings—1997 c 409: "Part headings used in this act do not
constitute any part of the law." [1997 c 409 § 607.]
Severability—1997 c 409: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 409 § 609.]
43.22.053 Supervisor of building and construction
safety inspection services—Appointment—Authority—
Personnel. The director of labor and industries shall appoint
and deputize an assistant, to be known as the supervisor of
building and construction safety inspection services, who
shall have authority to perform those duties delegated by the
director and by statute.
The director may appoint and employ such inspectors,
clerks, and other assistants as may be necessary to carry on
building and construction safety inspection services subject
to the provisions of chapter 41.06 RCW. [1994 c 164 § 7;
1969 ex.s. c 32 § 3.]
43.22.260 Supervisor of industrial relations—
Appointment—Authority—Personnel. The director of
labor and industries shall appoint and deputize an assistant,
to be known as the supervisor of industrial relations, who
shall have authority to perform those duties delegated by the
director and by statute.
[Title 43 RCW—page 170]
The director may appoint an assistant to be known as
the industrial statistician, and an assistant to be known as the
supervisor of employment standards and may appoint and
employ experts, clerks, and other assistants as may be
necessary to carry on the industrial relations work of the
department. [1994 c 164 § 10; 1975 1st ex.s. c 296 § 31;
1973 2nd ex.s. c 16 § 11; 1973 1st ex.s. c 154 § 82; 1965 c
8 § 43.22.260. Prior: 1921 c 7 § 77; RRS § 10835.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Severability—1973 2nd ex.s. c 16: See RCW 49.12.900.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
43.22.270 Powers and duties. The director of labor
and industries shall have the power, and it shall be the
director’s duty:
(1) To study and keep in touch with problems of
industrial relations and, from time to time, make public
reports and recommendations to the legislature;
(2) To, with the assistance of the industrial statistician,
exercise all the powers and perform all the duties in relation
to collecting, assorting, and systematizing statistical details
relating to labor within the state and systematizing such
statistical information to, as far as possible, conform to the
plans and reports of the United States department of labor;
(3) To, with the assistance of the industrial statistician,
make such special investigations and collect such special
statistical information as may be needed for use by the
department or division of the state government having need
of industrial statistics;
(4) To, with the assistance of the supervisor of employment standards, supervise the administration and enforcement
of all laws respecting the employment and relating to the
health, sanitary conditions, surroundings, hours of labor, and
wages of employees employed in business and industry in
accordance with the provisions of chapter 49.12 RCW;
(5) To exercise all the powers and perform all the
duties, not specifically assigned to the department of labor
and industries, now vested in, and required to be performed
by, the commissioner of labor;
(6) To exercise such other powers and perform such
other duties as may be provided by law. [1994 c 164 § 11;
1977 c 75 § 48; 1975 1st ex.s. c 296 § 32; 1973 2nd ex.s. c
16 § 12; 1973 1st ex.s. c 154 § 83; 1965 c 8 § 43.22.270.
Prior: 1921 c 7 § 81; RRS 10839.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Severability—1973 2nd ex.s. c 16: See RCW 49.12.900.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Apprenticeships: Chapter 49.04 RCW.
Arbitration of disputes: Chapter 49.08 RCW.
Public employees’ collective bargaining, arbitration of disputes: RCW
41.56.100.
Public employment labor relations: Chapter 41.58 RCW.
Wage collection for aggrieved employees: RCW 49.48.040.
43.22.282 Industrial welfare committee abolished—
Transfer of powers, duties, and functions. The industrial
welfare committee established by this chapter is abolished.
All powers, duties, and functions of the committee are
(2002 Ed.)
Department of Labor and Industries
transferred to the director of labor and industries. [1982 c
163 § 16.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
43.22.290 Reports by employers. Every owner,
operator, or manager of a factory, workshop, mill, mine, or
other establishment where labor is employed, shall make to
the department, upon blanks furnished by it, such reports and
returns as the department may require, for the purpose of
compiling such labor statistics as are authorized by this
chapter, and the owner or business manager shall make such
reports and returns within the time prescribed therefor by the
director, and shall certify to the correctness thereof.
In the reports of the department no use shall be made of
the names of individuals, firms, or corporations supplying
the information called for by this section, such information
being deemed confidential, and not for the purpose of
disclosing personal affairs, and any officer, agent, or
employee of the department violating this provision shall be
fined a sum not exceeding five hundred dollars, or be
imprisoned for not more than one year. [1965 c 8 §
43.22.290. Prior: 1901 c 74 § 3; RRS § 7588.]
43.22.300 Compelling attendance of witnesses and
testimony—Penalty. The director may issue subpoenas,
administer oaths and take testimony in all matters relating to
the duties herein required, such testimony to be taken in
some suitable place in the vicinity to which testimony is
applicable.
Witnesses subpoenaed and testifying before any officer
of the department shall be paid the same fees as witnesses
before a superior court, such payment to be made from the
funds of the department.
Any person duly subpoenaed under the provisions of
this section who wilfully neglects or refuses to attend or
testify at the time and place named in the subpoena, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall
be punished by a fine of not less than twenty-five dollars nor
more than one hundred dollars, or by imprisonment in the
county jail not exceeding thirty days. [1965 c 8 § 43.22.300.
Prior: 1901 c 74 § 4; RRS § 7589.]
43.22.310 Access to plants—Penalty for refusal.
The director or any employee of the department of labor and
industries may enter any factory, mill, office, workshop, or
public or private works at any time for the purpose of
gathering facts and statistics as provided by this chapter, and
examine into the methods of protection from danger to
employees, and the sanitary conditions in and around such
buildings and places and make a record thereof, and any
owner or occupant of such factory, mill, office or workshop,
or public or private works, or his agent who refuses to allow
an inspector or employee of the department to enter, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall
be punished by a fine of not less than twenty-five dollars nor
more than one hundred dollars, or be imprisoned in the
county jail not to exceed ninety days. [1965 c 8 §
43.22.310. Prior: 1901 c 74 § 5; RRS § 7590.]
(2002 Ed.)
43.22.282
43.22.330 Annual report. The director of labor and
industries shall submit to the governor each year a report of
business transacted by the department during the preceding
fiscal year together with such statistics and information as
the governor deems of public interest and such recommendations as the director believes merit consideration in the
interest of improved administration. [1977 c 75 § 49; 1965
c 8 § 43.22.330. Prior: (i) 1901 c 74 § 2; RRS § 7587. (ii)
1901 c 74 § 7; RRS § 7592.]
43.22.331 Annual report on workers’ compensation
fraud. The department shall annually compile a comprehensive report on workers’ compensation fraud in Washington.
The report shall include the department’s activities related to
the prevention, detection, and prosecution of worker,
employer, and provider fraud and the cost of such activities,
as well as the actual and estimated cost savings of such
activities. The report shall be submitted to the appropriate
committees of the legislature prior to the start of the legislative session in January. [1995 c 160 § 7.]
43.22.335 Manufactured homes, mobile homes,
recreational vehicles—Definitions. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout RCW 43.22.340 through 43.22.434,
43.22.442, and 43.22.495.
(1) "Conversion vendor units" means a motor vehicle or
recreational vehicle that has been converted or built for the
purpose of being used for commercial sales at temporary
locations. The units must be less than eight feet six inches
wide in the set-up position and the inside working area must
be less than forty feet in length.
(2) "Indigent" means a person receiving an annual
income, after taxes, of one hundred twenty-five percent or
less of the current federally established poverty level.
(3) "Manufactured home" means a single-family
dwelling required to be built in accordance with regulations
adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401
et seq.).
(4) "Medical unit" means a self-propelled unit used to
provide medical examinations, treatments, and medical and
dental services or procedures, not including emergency
response vehicles.
(5) "Mobile home" means a factory-built dwelling built
before June 15, 1976, to standards other than the national
manufactured housing construction and safety standards act
of 1974 (42 U.S.C. 5401 et seq.), and acceptable under
applicable state codes in effect at the time of construction or
introduction of the home into this state.
(6) "Park trailer" means a park trailer as defined in the
American national standards institute A119.5 standard for
park trailers.
(7) "Recreational vehicle" means a vehicular-type unit
primarily designed for recreational camping or travel use that
has its own motive power or is mounted on or towed by
another vehicle. The units include travel trailers, fifth-wheel
trailers, folding camping trailers, truck campers, and motor
homes. [2002 c 268 § 9; 2001 c 335 § 1; 1999 c 22 § 1;
1995 c 280 § 1.]
[Title 43 RCW—page 171]
43.22.335
Title 43 RCW: State Government—Executive
Purpose—Finding—Effective dates—2002 c 268: See notes
following RCW 43.22.434.
Application—2001 c 335: "This act applies to manufactured homes
without regard to the date such homes may have been altered." [2001 c 335
§ 10.]
43.22.340 Manufactured homes, mobile homes,
recreational vehicles—Safety rules—Compliance. (1) The
director shall adopt specific rules for conversion vending
units and medical units. The rules for conversion vending
units and medical units shall be established to protect the
occupants from fire; to address other life safety issues; and
to ensure that the design and construction are capable of
supporting any concentrated load of five hundred pounds or
more.
(2) The director of labor and industries shall adopt rules
governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in mobile
homes, commercial coaches, recreational vehicles, and/or
park trailers: PROVIDED, That the director shall not
prescribe or enforce rules governing the body and frame
design of recreational vehicles and park trailers until after
the American National Standards Institute shall have published standards and specifications upon this subject. The
rules shall be reasonably consistent with recognized and
accepted principles of safety for body and frame design and
plumbing, heating, and electrical installations, in order to
protect the health and safety of the people of this state from
dangers inherent in the use of substandard and unsafe body
and frame design, construction, plumbing, heating, electrical,
and other equipment and shall correlate with and, so far as
practicable, conform to the then current standards and
specifications of the American National Standards Institute
standards A119.1 for mobile homes and commercial coaches,
A119.2 for recreational vehicles, and A119.5 for park
trailers.
(3) Except as provided in RCW 43.22.436, it shall be
unlawful for any person to lease, sell or offer for sale, within
this state, any mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles,
and/or park trailers manufactured after January 1, 1968,
containing plumbing, heating, electrical, or other equipment,
and after July 1, 1970, body and frame design or construction, unless such equipment, design, or construction meets
the requirements of the rules provided for in this section.
[2002 c 268 § 6; 1999 c 22 § 2; 1995 c 280 § 2; 1970 ex.s.
c 27 § 1; 1969 ex.s. c 229 § 1; 1967 c 157 § 1.]
Purpose—Finding—Effective dates—2002 c 268: See notes
following RCW 43.22.434.
43.22.345 Mobile homes, recreational or commercial
vehicles—Penalty. Any person violating the provisions of
RCW 43.22.340 shall be guilty of a misdemeanor. Each day
upon which a violation occurs shall constitute a separate
violation. [1995 c 280 § 3; 1969 ex.s. c 229 § 4.]
43.22.350 Mobile homes, recreational or commercial
vehicles—Compliance insignia—Fee schedule—Out-ofstate sales. (1) In compliance with any applicable provisions of this chapter, the director of the department of labor
and industries shall establish a schedule of fees, whether on
the basis of plan approval or inspection, for the issuance of
[Title 43 RCW—page 172]
an insigne which indicates that the mobile home, commercial
coach, conversion vending units, medical units, recreational
vehicle, and/or park trailer complies with the provisions of
RCW 43.22.340 through 43.22.410 or for any other purpose
specifically authorized by any applicable provision of this
chapter.
(2) Insignia are not required on mobile homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, and/or park trailers manufactured
within this state for sale outside this state which are sold to
persons outside this state. [1999 c 22 § 3; 1995 c 280 § 4;
1977 ex.s. c 21 § 6; 1970 ex.s. c 27 § 2; 1967 c 157 § 2.]
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.355 Mobile homes, recreational or commercial
vehicles—Self-certification for recreational vehicles and
park trailers—Procedures—Performance audit of quality
control programs. The director or the director’s authorized
representative may allow qualifying recreational vehicle and/
or park trailer manufacturers to be self-certified as to
compliance with the American National Standards Institute
A119.2 standard for recreational vehicles and the American
National Standards Institute A119.5 standard for park
trailers. Except as provided in subsection (4) of this section,
a manufacturer approved for the department’s self-certification is exempt from the requirements under RCW 43.22.434
and 43.22.360. The director shall adopt rules to implement
the self-certification program. The director may establish
fees at a sufficient level to cover the costs of administering
this program.
(1) Before a manufacturer becomes self-certified, the
department shall make an initial audit of the manufacturer
making self-certification application. The audit must review
and report on the following:
(a) The manufacturer’s quality control program;
(b) The manufacturer’s demonstrated ability to manufacture products in conformance with either or both of the
American National Standards Institute standards A119.2 and
A119.5; and
(c) The availability on site of comprehensive plans for
each model being manufactured.
(2) At the sole discretion of the director, a manufacturer
currently being audited by the department that is deemed to
meet the criteria for an initial self-certification audit may
become a self-certified manufacturer without an additional
self-certification audit.
(3) If the department denies an application to allow a
manufacturer to be self-certified, the manufacturer shall be
notified in writing including the reasons for denial. A copy
of the initial self-certification audit shall be provided to the
manufacturer. A manufacturer who is denied self-certification may appeal the denial under chapter 34.05 RCW.
(4) If the department has reason to believe that the
manufacturer is no longer meeting the criteria established in
subsection (1) of this section, the department may make an
audit of the manufacturer. For purposes of enforcement of
this subsection, the department retains inspection and
investigation authority under RCW 43.22.434. At the
conclusion of this audit, the director or the director’s
authorized representative may continue the manufacturer’s
self-certification or require the manufacturer to meet all of
(2002 Ed.)
Department of Labor and Industries
the requirements of this chapter from which the manufacturer
was once exempted.
(5) The manufacturer to whom the authorization is given
shall pay all of the costs of the initial self-certification audit
and any subsequent audit that the department has the
authority to perform.
(6) The department shall conduct a performance audit of
additional industry association quality control programs
utilized by self-certified manufacturers at least once every
two years. [1995 c 280 § 6.]
43.22.360 Mobile homes, recreational or commercial
vehicles—Plans and specifications—Approval—
Alterations—Rules. (1) Plans and specifications of each
model or production prototype of a mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer showing body and frame
design, construction, plumbing, heating and electrical
specifications and data shall be submitted to the department
of labor and industries for approval and recommendations
with respect to compliance with the rules and standards of
each of such agencies. When plans have been submitted and
approved as required, no changes or alterations shall be
made to body and frame design, construction, plumbing,
heating or electrical installations or specifications shown
thereon in any mobile home, commercial coach, conversion
vending units, medical units, recreational vehicle, or park
trailer without prior written approval of the department of
labor and industries.
(2) The director may adopt rules that provide for
approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or
certified in a state whose licensure or certification requirements meet or exceed Washington requirements. [1999 c 22
§ 4. Prior: 1995 c 289 § 1; 1995 c 280 § 7; 1970 ex.s. c 27
§ 3; 1967 c 157 § 3.]
43.22.370 Mobile homes, recreational or commercial
vehicles—Leased, sold, or manufactured in state prior to
July 1, 1968—Compliance not required—Exception. Any
mobile home, commercial coach, conversion vending units,
medical units, recreational vehicle, and/or park trailer leased
or sold in Washington and manufactured prior to July 1,
1968, which has not been inspected prior to its sale and
which does not meet the requirements prescribed will not be
required to comply with those requirements except for
alterations or installations referred to in RCW 43.22.360.
[1999 c 22 § 5; 1995 c 280 § 8; 1970 ex.s. c 27 § 4; 1969
ex.s. c 229 § 2; 1967 c 157 § 4.]
43.22.380 Mobile homes, recreational or commercial
vehicles—Manufactured for use outside state—
Compliance not required—Exception. Used mobile
homes, commercial coaches, conversion vending units,
medical units, recreational vehicles, and/or park trailers
manufactured for use outside this state which do not meet
the requirements prescribed and have been used for six
months or more will not be required to comply with those
requirements except for alterations or installations referred to
in RCW 43.22.360. [1999 c 22 § 6; 1995 c 280 § 9; 1970
ex.s. c 27 § 5; 1967 c 157 § 5.]
(2002 Ed.)
43.22.355
43.22.390 Mobile homes, recreational or commercial
vehicles—Insigne of approval, when required. Mobile
homes, commercial coaches, conversion vending units,
medical units, recreational vehicles, and/or park trailers
subject to the provisions of RCW 43.22.340 through
43.22.410, and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles,
and/or park trailers upon which alterations of body and
frame design, construction or installations of plumbing, heating or electrical equipment referred to in RCW 43.22.360 are
made after July 1, 1968, shall have affixed thereto such
insigne of approval. [1999 c 22 § 7; 1995 c 280 § 10; 1970
ex.s. c 27 § 6; 1967 c 157 § 6.]
43.22.400 Mobile homes, recreational or commercial
vehicles—Meeting standards of other states at least equal
to this state. If the director of the department of labor and
industries determines that the standards for body and frame
design, construction and the plumbing, heating and electrical
equipment installed in mobile homes, commercial coaches,
recreational vehicles, and/or park trailers by the statutes or
rules and regulations of other states are at least equal to the
standards prescribed by this state, he may so provide by
regulation. Any mobile home, commercial coach, recreational vehicle, and/or park trailer which a state listed in such
regulations has approved as meeting its standards for body
and frame design, construction and plumbing, heating and
electrical equipment shall be deemed to meet the standards
of the director of the department of labor and industries, if
he determines that the standards of such state are actually
being enforced. [1995 c 280 § 11; 1970 ex.s. c 27 § 7; 1967
c 157 § 7.]
43.22.410 Mobile homes, recreational or commercial
vehicles—Meeting requirements of chapter deemed
compliance with county or city ordinances. Any mobile
home, commercial coach, conversion vending units, medical
units, recreational vehicle, and/or park trailer that meets the
requirements prescribed under RCW 43.22.340 shall not be
required to comply with any ordinances of a city or county
prescribing requirements for body and frame design, construction or plumbing, heating and electrical equipment
installed in mobile homes, commercial coaches, conversion
vending units, medical units, recreational vehicles, and/or
park trailers. [1999 c 22 § 8; 1995 c 280 § 12; 1970 ex.s.
c 27 § 8; 1967 c 157 § 8.]
43.22.420 Factory assembled structures advisory
board. There is hereby created a factory assembled structures advisory board consisting of nine members to be
appointed by the director of labor and industries. It shall be
the purpose and function of the board to advise the director
on all matters pertaining to the enforcement of this chapter
including but not limited to standards of body and frame
design, construction and plumbing, heating and electrical
installations, minimum inspection procedures, the adoption
of rules pertaining to the manufacture of factory assembled
structures, manufactured homes, commercial coaches,
conversion vending units, medical units, recreational vehicles, and park trailers. The advisory board shall periodically
review the rules adopted under RCW 43.22.450 through
[Title 43 RCW—page 173]
43.22.420
Title 43 RCW: State Government—Executive
43.22.490 and shall recommend changes of such rules to the
department if it deems changes advisable.
The members of the advisory board shall be representative of consumers, the regulated industries, and allied
professionals. The term of each member shall be four years.
However, the director may appoint the initial members of the
advisory board to staggered terms not exceeding four years.
The chief inspector or any person acting as chief
inspector for the factory assembled structures, manufactured
or mobile home, commercial coach, conversion vending
units, medical units, recreational vehicle, and park trailer
section shall serve as secretary of the board during his tenure
as chief. Meetings of the board shall be called at the
discretion of the director of labor and industries, but at least
quarterly. Each member of the board shall be paid travel
expenses in accordance with RCW 43.03.050 and 43.03.060
which shall be paid out of the appropriation to the department of labor and industries, upon vouchers approved by the
director of labor and industries or his or her designee. [2001
c 335 § 2; 1999 c 22 § 9; 1995 c 280 § 13; 1987 c 330 §
601; 1975-’76 2nd ex.s. c 34 § 103; 1971 ex.s. c 82 § 1;
1970 ex.s. c 27 § 9; 1969 ex.s. c 229 § 3.]
Application—2001 c 335: See note following RCW 43.22.335.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.22.430 RCW 43.22.340 and 43.22.350 through
43.22.420 not to apply to common carrier equipment.
RCW 43.22.340 and 43.22.350 through 43.22.420 shall not
apply to common carrier equipment. [1970 ex.s. c 27 § 10.]
notice thereof is given to the department, the standards or
regulations shall be considered automatically adopted by the
state under this chapter after the expiration of thirty days
from publication in the federal register of a final order
describing the deletions or amendments unless within that
thirty day period the department objects to the deletion or
amendment. In case of objection, the department shall
proceed under the rule making procedure of chapter 34.05
RCW.
(2) The department shall adopt rules with respect to
manufactured homes that require the prior written approval
of the department before changes or alterations may be made
to a manufactured home that differ from the construction
standards provided for in this section.
(3) Except as provided in RCW 43.22.436, it is unlawful
for any person to lease, sell, or offer for sale, within this
state, a manufactured home unless the home meets the
requirements of the rules provided for in this section. [2002
c 268 § 7; 2001 c 335 § 4; 1977 ex.s. c 21 § 2.]
Purpose—Finding—Effective dates—2002 c 268: See notes
following RCW 43.22.434.
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.433 Violations—Penalties. Any person who
violates any of the provisions of RCW 43.22.431 through
43.22.434 and 43.22.350 or any rules or regulations adopted
pursuant to RCW 43.22.431 through 43.22.434 and
43.22.350 is guilty of a gross misdemeanor, punishable by
a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or by both such fine and
imprisonment. [1977 ex.s. c 21 § 3.]
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.431 Manufactured home safety and construction standards—Enforcement by director of labor and
industries authorized. The director of the department of
labor and industries may enforce manufactured home safety
and construction standards adopted by the secretary of
housing and urban development under the national manufactured home construction and safety standards act of 1974
(800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore,
the director may make agreements with the United States
government and private inspection organizations to implement the development and enforcement of applicable
provisions of this chapter and the national manufactured
home construction and safety standards act of 1974 (800
Stat. 700; 42 U.S.C. Secs. 5401-5426). [2001 c 335 § 3;
1977 ex.s. c 21 § 1.]
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: "This 1977 amendatory act is not
intended to repeal, alter, or diminish existing state law respecting mobile
homes, commercial coaches, and recreational vehicles in those areas
unregulated under federal law." [1977 ex.s. c 21 § 4.]
43.22.432 Manufactured home construction and
safety standards and regulations—Rules. (1) The department may adopt all standards and regulations adopted by the
secretary under the national manufactured home construction
and safety standards act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426) for manufactured home construction and
safety standards. If any deletions or amendments to the
federal standards or regulations are thereafter made and
[Title 43 RCW—page 174]
43.22.434 Inspections and investigations necessary
to adopt or enforce rules—Director’s duties—Fees.
(Expires April 1, 2004.) (1) The director or the director’s
authorized representative may conduct such inspections,
investigations, and audits as may be necessary to adopt or
enforce manufactured and mobile home, commercial coach,
conversion vending units, medical units, recreational vehicle,
park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this
chapter or to carry out the director’s duties under this
chapter.
(2) For purposes of enforcement of this chapter, persons
duly designated by the director upon presenting appropriate
credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice
enter any factory, warehouse, or establishment in which
manufactured and mobile homes, commercial coaches,
conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built
commercial structures are manufactured, stored, or held for
sale;
(b) At reasonable times, within reasonable limits, and in
a reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards
adopted by the secretary of housing and urban development
under the national manufactured home construction and
(2002 Ed.)
Department of Labor and Industries
safety standards act of 1974. Each inspection shall be
commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending
unit or medical unit, inspect an alteration.
(3) For purposes of determining compliance with this
chapter’s permitting requirements for alterations of mobile
and manufactured homes, the department may audit the
records of a contractor as defined in chapter 18.27 RCW or
RCW 18.106.020(1) or an electrical contractor as defined in
RCW 19.28.006 when the department has reason to believe
that a violation of the permitting requirements has occurred.
The department shall adopt rules implementing the auditing
procedures. Information obtained from a contractor through
an audit authorized by this subsection is confidential and not
open to public inspection under chapter 42.17 RCW.
(4)(a) The department shall set a schedule of fees by
rule which will cover the costs incurred by the department
in the administration of RCW 43.22.335 through 43.22.490.
(b) Subject to (a) of this subsection, and for the purposes of implementing the pilot project approved by the
mobile/manufactured home alteration task force, the department may adopt by rule a temporary statewide fee schedule
that decreases fees for mobile/manufactured home alteration
permits and increases fees for factory-built housing and
commercial structures plan review and inspection services.
Under the temporary fee schedule, the department may
waive mobile/manufactured home alteration permit fees for
indigent permit applicants. The department may increase
fees for factory-built housing and commercial structures plan
review and inspection services in excess of the fiscal growth
factor under chapter 43.135 RCW, if the increases are
necessary to fund the cost of administering RCW 43.22.335
through 43.22.490. In no instance shall any fee that applies
to the factory-built housing and commercial plan review and
inspection services be increased in excess of forty percent.
(5) This section expires April 1, 2004. [2002 c 268 §
2; 2001 c 335 § 5; 1999 c 22 § 10; 1995 c 280 § 5; 1977
ex.s. c 21 § 5.]
Purpose—Finding—2002 c 268: "The purpose of this act is to
implement the recommendations of the joint legislative task force created
by chapter 335, Laws of 2001. The legislature recognizes the need to
improve communications among mobile/manufactured homeowners,
regulatory agencies, and other interested parties, to streamline the complex
regulatory environment and inflexible enforcement system, and to promote
problem-solving at an early stage. To assist in achieving these goals, the
legislature:
(1) Encourages the relevant agencies to conduct a pilot project that
tests an interagency coordinated system for processing permits for
alterations or repairs of mobile and manufactured homes; and
(2) Recognizes the task force’s work in reviewing agency rules related
to alteration permit requirements and supports the task force’s recommendations to the agency regarding those rules. The legislature finds that assisting
consumers to understand when an alteration of a mobile or manufactured
home is subject to a permit, and when it is not, will improve compliance
with the agency rules and further the code’s safety goals." [2002 c 268 §
1.]
Effective dates—2002 c 268: "(1) Sections 1, 2, and 4 through 9 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [March 29, 2002].
(2) Section 3 of this act takes effect April 1, 2004." [2002 c 268 §
10.]
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
(2002 Ed.)
43.22.434
43.22.434 Inspections and investigations necessary
to adopt or enforce rules—Director’s duties—Fees.
(Effective April 1, 2004.) (1) The director or the director’s
authorized representative may conduct such inspections,
investigations, and audits as may be necessary to adopt or
enforce manufactured and mobile home, commercial coach,
conversion vending units, medical units, recreational vehicle,
park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this
chapter or to carry out the director’s duties under this
chapter.
(2) For purposes of enforcement of this chapter, persons
duly designated by the director upon presenting appropriate
credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice
enter any factory, warehouse, or establishment in which
manufactured and mobile homes, commercial coaches,
conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built
commercial structures are manufactured, stored, or held for
sale;
(b) At reasonable times, within reasonable limits, and in
a reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards
adopted by the secretary of housing and urban development
under the national manufactured home construction and
safety standards act of 1974. Each inspection shall be
commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending
unit or medical unit, inspect an alteration.
(3) For purposes of determining compliance with this
chapter’s permitting requirements for alterations of mobile
and manufactured homes, the department may audit the
records of a contractor as defined in chapter 18.27 RCW or
RCW 18.106.020(1) or an electrical contractor as defined in
RCW 19.28.006 when the department has reason to believe
that a violation of the permitting requirements has occurred.
The department shall adopt rules implementing the auditing
procedures. Information obtained from a contractor through
an audit authorized by this subsection is confidential and not
open to public inspection under chapter 42.17 RCW.
(4)(a) The department shall set a schedule of fees by
rule which will cover the costs incurred by the department
in the administration of RCW 43.22.335 through 43.22.490.
(b) Effective April 1, 2004, the department must adopt
a new fee schedule that is the same as the fee schedule that
was in effect immediately prior to the temporary fee schedule authorized in section 2(4)(b), chapter 268, Laws of 2002.
However, the new fee schedule must be adjusted by the
fiscal growth factors not applied during the period that the
temporary fee schedule was in effect. [2002 c 268 § 3; 2001
c 335 § 5; 1999 c 22 § 10; 1995 c 280 § 5; 1977 ex.s. c 21
§ 5.]
Purpose—Finding—Effective dates—2002 c 268: See notes
following RCW 43.22.434.
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.435 Altering a mobile or manufactured
home—Permit—Penalties—Appeals—Notice of correction. (1)(a) In addition to or in lieu of any other penalty
[Title 43 RCW—page 175]
43.22.435
Title 43 RCW: State Government—Executive
applicable under this chapter, and except as provided in (b)
of this subsection, the department may assess a civil penalty
of not more than one thousand dollars against a contractor,
firm, partnership, or corporation, that fails to obtain a permit
before altering a mobile or manufactured home as required
under this chapter or rules adopted under this chapter. Each
day on which a violation occurs constitutes a separate
violation. However, the cumulative penalty for the same
occurrence may not exceed five thousand dollars.
(b) The department must adopt a schedule of civil
penalties giving due consideration to the appropriateness of
the penalty with respect to the gravity of the violation and
the history of previous violations. Penalties for subsequent
violations, not constituting the same occurrence, committed
within two years of a prior violation by the same party or
entity, or by an individual who was a principal or officer of
the same entity, must be double the amount of the penalty
for the prior violation or one thousand dollars, whichever is
greater.
(2)(a) The department may issue a notice of correction
before issuing a civil penalty assessment. The notice must
include:
(i) A description of the violation;
(ii) A statement of what is required to correct the
violation;
(iii) The date by which the department requires correction to be achieved; and
(iv) Notice of the individual or department office that
must be contacted to obtain a permit or other compliance
information.
(b) A notice of correction is not a formal enforcement
action, is not subject to appeal, and is a public record.
(c) If the department issues a notice of correction, it
shall not issue a civil penalty for the violation identified in
the notice of correction unless the responsible person fails to
comply with the notice.
(3)(a) The department must issue written notices of civil
penalties imposed under this section, with the reasons for the
penalty, by certified mail to the last known address of the
party named in the notice.
(b) If a party desires to contest a notice of civil penalty
issued under this section, the party must file a notice of
appeal with the department within twenty days of the
department’s mailing of the notice of civil penalty. An
administrative law judge of the office of administrative
hearings will hear and determine the appeal. Appeal
proceedings must be conducted pursuant to chapter 34.05
RCW. An appeal of the administrative law judge’s determination or order shall be to the superior court. The superior
court’s decision is subject only to discretionary review under
the rules of appellate procedure. [2002 c 268 § 4.]
Purpose—Finding—Effective dates—2002 c 268: See notes
following RCW 43.22.434.
43.22.436 Mobile and manufactured home installations—Exemptions and variances from permitting
requirements and alteration rules—Conditional sales of
altered mobile and manufactured homes. (1) With respect
to mobile and manufactured homes that are installed in
accordance with the standards adopted under RCW
43.22.440:
(a) The department shall adopt rules that:
[Title 43 RCW—page 176]
(i) Specify exemptions from a requirement for a permit
to alter a mobile or manufactured home;
(ii) Authorize the granting of variances from the rules
adopted under this section for alterations that use materials,
designs, or methods of construction different from those
required under the rules adopted under this chapter; and
(iii) Require the seller of a mobile or manufactured
home to deliver to the buyer prior to the sale: (A) A
completed property transfer disclosure statement in accordance with chapter 64.06 RCW, unless the seller is exempt
or the buyer waives his or her rights under chapter 64.06
RCW; and (B) the variance, if any, granted under the rules
adopted under this section.
(b) The department may adopt a rule that allows parties
to enter into a conditional sale of an altered mobile or
manufactured home. However, a conditional sales agreement
may be executed only if, prior to execution, the parties have
complied with the department’s requirements related to
permit approval and a variance granted under the rules, if
any, and with property transfer disclosure statement requirements.
(2) This chapter does not prohibit the sale of an altered
mobile or manufactured home installed in accordance with
the standards adopted under RCW 43.22.440. If, after an
inspection requested by any party to a sale, including a party
financing the sale, the department determines that an
alteration may constitute a hazard to life, safety, or health,
the department shall so notify the parties in writing within
thirty days of completing the inspection and may notify the
local official responsible for enforcing the uniform fire code
adopted under chapter 19.27 RCW or local health officer, as
applicable, within the relevant jurisdiction. [2002 c 268 §
5.]
Purpose—Finding—Effective dates—2002 c 268: See notes
following RCW 43.22.434.
43.22.440 Manufactured and mobile home installation service and warranty service standards—
Enforcement. (1) The legislature finds that inspections of
manufactured and mobile home installation are not done on
a consistent basis. Manufactured and mobile homes provide
housing for many people in the state, and improperly
installed manufactured or mobile homes are a serious health
and safety risk. Where possible and practical, manufactured
and mobile homes should be treated the same as any housing
inhabited or to be inhabited by persons in this state, including housing built according to the state building code.
(2) In consultation with the factory assembled structures
advisory board for manufactured homes, the director of labor
and industries shall by rule establish uniform standards for
the performance and workmanship of installation service and
warranty service by persons or entities engaged in performing the services within this state for all manufactured and
mobile homes, as defined in RCW 46.04.302. The standards
shall conform, where applicable, with statutes, rules, and
recommendations established under the national manufactured home construction and safety standards act of 1974 (42
U.S.C. Sec. 5401 et seq.). These rules regarding the installation of manufactured and mobile homes shall be enforced
and fees charged by the counties and cities in the same
manner the state building code is enforced under RCW
19.27.050.
(2002 Ed.)
Department of Labor and Industries
(3) In addition to and in conjunction with the remedies
provided in this chapter, failure to remedy any breach of the
standards and rules so established, upon adequate notice and
within a reasonable time, is a violation of the consumer
protection act, chapter 19.86 RCW and subject to the remedies provided in that chapter. [2001 c 335 § 6; 1988 c 239
§ 5; 1980 c 153 § 1.]
Application—2001 c 335: See note following RCW 43.22.335.
43.22.442 Warranty service—Timely compensation
for work performed. A manufacturer of manufactured
homes who designates a representative within this state to
provide consumers with warranty service for manufactured
homes on behalf of the manufacturer shall make reasonable
and timely compensation to the representative for performance of the warranty service. [2001 c 335 § 7; 1980 c 153
§ 2.]
Application—2001 c 335: See note following RCW 43.22.335.
43.22.445 Mobile homes—Warranties and inspections—Advertising of dimensions. See RCW 46.70.135.
43.22.450 Factory built housing and commercial
structures, regulating installation of—Definitions.
Whenever used in RCW 43.22.450 through 43.22.490:
(1) "Department" means the Washington state department of labor and industries;
(2) "Approved" means approved by the department;
(3) "Factory built housing" means any structure designed
primarily for human occupancy other than a manufactured or
mobile home the structure or any room of which is either
entirely or substantially prefabricated or assembled at a place
other than a building site;
(4) "Install" means the assembly of factory built housing
or factory built commercial structures at a building site;
(5) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory
built commercial structure is installed or is to be installed;
(6) "Local enforcement agency" means any agency of
the governing body of any city or county which enforces
laws or ordinances governing the construction of buildings;
(7) "Commercial structure" means a structure designed
or used for human habitation, or human occupancy for
industrial, educational, assembly, professional or commercial
purposes. [2001 c 335 § 8; 1973 1st ex.s. c 22 § 1; 1970
ex.s. c 44 § 1.]
Application—2001 c 335: See note following RCW 43.22.335.
43.22.455 Factory built housing and commercial
structures, regulating installation of—Housing must be
approved, have department insignia—Significance of
insignia—Modification of housing during installation
must be approved. No factory built housing or factory
built commercial structure shall be installed on a building
site in this state after the effective date of the regulations
adopted pursuant to RCW 43.22.480 unless it is approved
and bears the insignia of approval of the department.
(1) Any factory built housing or factory built commercial structure bearing an insignia of approval of the department shall be deemed to comply with any laws, ordinances
or regulations enacted by any city or county or any local
(2002 Ed.)
43.22.440
enforcement agency which govern the manufacture and
construction of factory built housing or factory built commercial structures or on-site housing.
(2) No factory built housing or factory built commercial
structure which has been approved by the department shall
be in any way modified prior to, or during installation by a
manufacturer or installer unless approval of such modification is first made by the department. [1973 1st ex.s. c 22 §
2; 1970 ex.s. c 44 § 2.]
43.22.460 Factory built housing and commercial
structures, regulating installation of—Certain requirements reserved to local jurisdictions. Local land use
requirements, building setbacks, side and rear yard requirements, site development and property line requirements, and
review and regulation of zoning requirements are specifically
reserved to local jurisdictions notwithstanding anything
contained in RCW 43.22.450 through 43.22.490. [1970 ex.s.
c 44 § 3.]
43.22.465 Factory built housing and commercial
structures, regulating installation of—Injunctive process,
procedure. The department may obtain from a superior
court having jurisdiction, a temporary injunction enjoining
the installation of factory built housing or factory built
commercial structures on any building site upon affidavit of
the department that such factory built housing or factory
built commercial structures do not conform to the requirements of RCW 43.22.450 through 43.22.490 or to the rules
adopted pursuant to RCW 43.22.450 through 43.22.490. The
affidavit must set forth such violations in detail. The injunction may be made permanent, in the discretion of the court.
[1973 1st ex.s. c 22 § 3; 1970 ex.s. c 44 § 4.]
43.22.470 Factory built housing and commercial
structures, regulating installation of—Delegation of
inspection duty to local agency. The department shall have
the authority to delegate all or part of its duties of inspection
to a local enforcement agency. [1970 ex.s. c 44 § 5.]
43.22.480 Factory built housing and commercial
structures, installation—Rules—Enforcement—
Standards—Fees. (1) The department shall adopt and
enforce rules that protect the health, safety, and property of
the people of this state by assuring that all factory built
housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and
other components thereof are reasonably safe. The rules
shall be reasonably consistent with recognized and accepted
principles of safety and structural soundness, and in adopting
the rules the department shall consider, so far as practicable,
the standards and specifications contained in the uniform
building, plumbing, and mechanical codes, including the
barrier free code and the Washington energy code as adopted
by the state building code council pursuant to chapter
19.27A RCW, and the national electrical code, including the
state rules as adopted pursuant to chapter 19.28 RCW and
published by the national fire protection association or, when
applicable, the temporary worker building code adopted
under RCW 70.114A.081.
[Title 43 RCW—page 177]
43.22.480
Title 43 RCW: State Government—Executive
(2) The department shall set a schedule of fees which
will cover the costs incurred by the department in the
administration and enforcement of RCW 43.22.450 through
43.22.490.
(3) The director may adopt rules that provide for
approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or
certified in a state whose licensure or certification requirements meet or exceed Washington requirements. [1998 c 37
§ 4; 1995 c 289 § 2; 1989 c 134 § 1; 1979 ex.s. c 76 § 2;
1973 1st ex.s. c 22 § 5; 1970 ex.s. c 44 § 7.]
43.22.485 Factory built housing and commercial
structures, regulating installation of—Recognizing out-ofstate standards, enforcement, as department approved.
If the director of the department determines that the standards for factory built housing or factory built commercial
structures prescribed by statute, rule or regulation of another
state are at least equal to the regulations prescribed under
RCW 43.22.450 through 43.22.490, and that such standards
are actually enforced by such other state, he may provide by
regulation that factory built housing or factory built commercial structures approved by such other state shall be deemed
to have been approved by the department. [1973 1st ex.s. c
22 § 6; 1970 ex.s. c 44 § 8.]
43.22.490 Factory built housing and commercial
structures, regulating installation of—Violation as
misdemeanor—Penalty. Any person who violates any of
the provisions of RCW 43.22.450 through 43.22.490 or any
rules or regulations adopted pursuant to RCW 43.22.450
through 43.22.490 is guilty of a misdemeanor, punishable by
a fine not exceeding five hundred dollars or by imprisonment
not exceeding thirty days, or by both such fine and imprisonment. [1970 ex.s. c 44 § 9.]
43.22.495 Manufactured housing—Department of
community, trade, and economic development duties.
Beginning on July 1, 1991, the department of community,
trade, and economic development shall be responsible for
performing all the consumer complaint and related functions
of the state administrative agency that are required for
purposes of complying with the regulations established by
the federal department of housing and urban development for
manufactured housing, including the preparation and submission of the state administrative plan.
The department of community, trade, and economic
development may enter into state or local interagency
agreements to coordinate site inspection activities with
record monitoring and complaint handling. The interagency
agreement may also provide for the reimbursement for cost
of work that an agency performs. The department may
include other related areas in any interagency agreements
which are necessary for the efficient provision of services.
The directors of the department of community, trade,
and economic development and the department of labor and
industries shall immediately take such steps as are necessary
to ensure that chapter 176, Laws of 1990 is implemented on
June 7, 1990. [1995 c 399 § 69; 1990 c 176 § 1.]
43.22.500 Printing and distribution of publications—Fees. The department of labor and industries, to
defray the costs of printing, reprinting, or distributing printed
matter issued by the department of labor and industries
including, but not limited to, the matters listed in RCW
43.22.505, may charge a fee for such publications in an
amount which will reimburse the department for the costs of
printing, reprinting, and distributing such publications: PROVIDED, That every person subject to regulation by the
department may upon request receive without charge one
copy per year of any publication printed pursuant to RCW
43.22.505 whenever such person is affected by any statute,
rule or regulation printed therein. All fees collected shall be
deposited in the state treasury to the credit of the appropriate
fund or account. [1979 ex.s. c 67 § 2; 1975 1st ex.s. c 123
§ 1.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
43.22.505 Printing and distribution of publications—Authorized subject matters. The department of
labor and industries is specifically authorized to print,
reprint, and distribute subject matter including but not
limited to the following:
(1) The provisions of Title 51 RCW;
(2) The provisions of Title 49 RCW;
(3) The provisions of chapter 7.68 RCW;
(4) The provisions of chapter 88.16 RCW;
(5) The provisions of chapter 19.28 RCW;
(6) The provisions of chapter 43.22 RCW;
(7) The provisions of chapter 41.56 RCW;
(8) The provisions of chapter 49.66 RCW;
(9) The provisions of chapter 70.79 RCW;
(10) The provisions of chapter 70.74 RCW;
(11) The provisions of chapter 70.87 RCW;
(12) The provisions of all other statutes administered by
the department or such statutes as have a relationship to the
functions and obligations of the department; and
(13) The rules and regulations of the department of
labor and industries, the state apprenticeship council, the
state board of pilotage commissioners and the board of boiler
rules promulgated pursuant to the statutory provisions cited
above. [1975 1st ex.s. c 123 § 2.]
43.22.550 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The
director may contract with the federal internal revenue
service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other
federal credentials or documents, at specified offices and
locations of the agency in conjunction with any application
for state licenses under chapter 19.02 RCW. [1997 c 51 §
4.]
Intent—1997 c 51: See note following RCW 19.02.300.
Department of community, trade, and economic development duties: RCW
43.63A.460.
[Title 43 RCW—page 178]
(2002 Ed.)
Department of Agriculture
Chapter 43.23
DEPARTMENT OF AGRICULTURE
Sections
43.23.001
43.23.002
43.23.005
43.23.010
43.23.015
43.23.025
43.23.030
43.23.033
43.23.035
43.23.037
43.23.042
43.23.050
43.23.070
43.23.090
43.23.110
43.23.120
43.23.130
43.23.160
43.23.170
43.23.200
43.23.205
43.23.220
43.23.230
43.23.240
43.23.250
43.23.255
Definitions.
Director—Appointment—Powers and duties—Salary.
Deputy director—Appointment—Powers and duties.
Divisions of department—Assistant directors—State veterinarian—Salaries—Assignment of duties.
Divisions of department—Reassignment of division functions.
Rule-making authority.
Powers and duties.
Funding staff support for commodity boards and commissions—Rules.
Powers and duties—State agricultural market development
programs and activities.
Publishing and dissemination costs—Deposit of proceeds.
Consultation with commodity commissions.
Powers and duties.
Powers and duties of state veterinarian.
Powers and duties.
Powers and duties.
Bulletins and reports.
Annual report.
Powers and duties.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Official chemists of department—Designated—Duties.
Additional chemists—Appointment—Duties—Compensation.
Disposition of impounded livestock on Hanford reservation—Agreements to act as federal government’s agent.
Agricultural local fund.
Senior environmental corps—Department powers and duties.
Collection of unpaid penalties, assessments, and debts—Use
of collection agencies.
Assessments levied by director—Personal debt—Costs of
collecting—Civil actions authorized—Attorneys’ fees.
Interest on unpaid balances.
Dishonored check or negotiable instrument.
Export market development project records—Confidentiality.
Market development and promotion matching fund program.
Trade barrier matching fund program.
43.23.260
43.23.265
43.23.270
43.23.275
43.23.280
Agricultural
enabling act of 1955, powers and duties under, generally: Chapter 15.66
RCW.
enabling act of 1961, powers and duties under, generally: Chapter 15.65
RCW.
fairs and youth shows, director’s duties relating to: Chapter 15.76 RCW.
pest districts: Chapter 17.12 RCW.
Animal
carcasses, disposal: Chapter 16.68 RCW.
health: Chapter 16.36 RCW.
Apiaries act: Chapter 15.60 RCW.
Apiculture division: RCW 15.60.010.
Apple commission: Chapter 15.24 RCW.
Chief assistants: RCW 43.17.040.
Cold storage food lockers: Chapter 19.32 RCW.
Commercial feed law, director’s duties relating to: Chapter 15.53 RCW.
Commission merchants: Chapter 20.01 RCW.
Control of pet animals infected with diseases communicable to humans,
director’s duties: Chapter 16.70 RCW.
Dairies and dairy products, director’s duties relating to: Chapter 15.36
RCW.
Department created: RCW 43.17.010.
Drugs, food and cosmetics act: Chapter 69.04 RCW.
Eggs and egg products, duties concerning: Chapter 69.25 RCW.
Fair fund, horse racing moneys, disposition: RCW 15.76.115.
Farm labor
contractors: Chapter 19.30 RCW.
(2002 Ed.)
Chapter 43.23
director may aid in obtaining and employment of: RCW 15.64.010.
unemployment compensation: RCW 50.04.150.
Farm marketing act, powers and duties under, generally: Chapter 15.64
RCW.
Food, drug and cosmetic act, duties under: Chapter 69.04 RCW.
Grades and packs, generally, standards of, duties relating to: Chapters
15.04, 15.17 RCW.
Honey, enforcement powers and duties: Chapter 69.28 RCW.
Horticultural plants and facilities, inspection and licensing of, duties
relating to: Chapter 15.13 RCW.
Inspection, duties relating to generally: Chapter 15.04 RCW.
International marketing program for agricultural commodities and trade
center: RCW 28B.30.535 through 28B.30.543.
Livestock
identification: Chapter 16.57 RCW.
markets: Chapter 16.65 RCW.
Marketing, director’s duties relating to: Chapters 15.64, 15.65, 15.66
RCW.
Milk, fluid milk act, director’s duties relating to: Chapter 15.36 RCW.
Milk and milk products for animal food act, duties relating to: Chapter
15.37 RCW.
Minimum flows and levels—Departmental authority exclusive—Other
recommendations considered: RCW 90.03.247.
Oath: RCW 43.17.030.
Office maintained at state capital: RCW 43.17.050.
Pesticide application act: Chapter 17.21 RCW.
Pesticide control act, director’s duties under: Chapter 15.58 RCW.
Planting stock act, powers and duties relating to: Chapter 15.14 RCW.
Poisons, enforcement of
caustic or corrosive poison act: RCW 69.36.040.
chapter relating to: RCW 69.40.025.
Powers and duties generally: RCW 43.17.030, chapter 43.23 RCW.
Predatory birds, controlled by: RCW 15.04.110, 15.04.120.
Rule-making power: RCW 43.17.060.
Rural rehabilitation program, director’s duties relating to: Chapter 15.70
RCW.
Seeds, director’s duties relating to: Chapter 15.49 RCW.
Soil conservation: Chapter 89.08 RCW.
State fairs commission: Chapter 15.76 RCW.
State international trade fairs, duties relating to: RCW 43.31.800 through
43.31.850.
State trade fair fund, horse racing moneys, disposition: RCW 43.31.805.
Vacancy: RCW 43.17.020, 43.17.040.
Weighing commodities in highway transport—Weighmasters, director’s
duties relating to: Chapter 15.80 RCW.
43.23.001 Definitions. For purposes of this chapter:
(1) "Department" means department of agriculture;
(2) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or
not incorporated. [1995 c 374 § 61.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
43.23.002 Director—Appointment—Powers and
duties—Salary. The executive and administrative head of
the department of agriculture shall be the director. The
director shall be appointed by the governor with the consent
of the senate and shall have complete charge of and supervisory power over the department. The director shall be paid
a salary fixed by the governor in accordance with RCW
43.03.040. [1983 c 248 § 1.]
[Title 43 RCW—page 179]
43.23.005
Title 43 RCW: State Government—Executive
43.23.005 Deputy director—Appointment—Powers
and duties. The director of agriculture may appoint a
deputy director who shall assist the director in the administration of the affairs of the department and who shall have
charge and general supervision of the department in the
absence or disability of the director, and who, in case a
vacancy occurs in the office of director, shall continue in
charge of the department until a director is appointed and
qualified, or the governor appoints an acting director. [1983
c 248 § 2; 1967 c 240 § 14.]
43.23.010 Divisions of department—Assistant
directors—State veterinarian—Salaries—Assignment of
duties. In order to obtain maximum efficiency and effectiveness within the department of agriculture, the director
may create such administrative divisions within the department as he or she deems necessary. The director shall
appoint a deputy director as well as such assistant directors
as shall be needed to administer the several divisions within
the department. The director shall appoint no more than
eight assistant directors. The officers appointed under this
section are exempt from the provisions of the state civil
service law as provided in RCW 41.06.070(1)(g), and shall
be paid salaries to be fixed by the governor in accordance
with the procedure established by law for the fixing of
salaries for officers exempt from the operation of the state
civil service law. The director shall also appoint and deputize a state veterinarian who shall be an experienced veterinarian properly licensed to practice veterinary medicine in
this state.
The director of agriculture shall have charge and general
supervision of the department and may assign supervisory
and administrative duties other than those specified in RCW
43.23.070 to the division which in his or her judgment can
most efficiently carry on those functions. [2002 c 354 §
244; 1990 c 37 § 1; 1983 c 248 § 3; 1967 c 240 § 1; 1965
c 8 § 43.23.010. Prior: 1951 c 170 § 1; 1921 c 7 § 83;
RRS § 10841.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Severability—1967 c 240: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 c 240 § 52.]
Apiary advisory committee: RCW 15.60.010.
43.23.015 Divisions of department—Reassignment
of division functions. Except for the functions specified in
RCW 43.23.070, the director may, at his discretion, reassign
any of the functions delegated to the various divisions of the
department under the provisions of this chapter or any other
law to any other division of the department. [1983 c 248 §
4; 1967 c 240 § 15.]
43.23.025 Rule-making authority. For rules adopted
after July 23, 1995, the director of agriculture may not rely
solely on a section of law stating a statute’s intent or
purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions,
for statutory authority to adopt any rule. [1995 c 403 §
104.]
[Title 43 RCW—page 180]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.23.030 Powers and duties. The director of
agriculture shall exercise all the powers and perform all the
duties relating to the development of markets, for agricultural products, state and federal cooperative marketing
programs, land utilization for agricultural purposes, water
resources, transportation, and farm labor as such matters
relate to the production, distribution and sale of agricultural
commodities including private sector cultured aquatic
products as defined in RCW 15.85.020. [1985 c 457 § 15;
1983 c 248 § 5; 1967 c 240 § 3; 1965 c 8 § 43.23.030.
Prior: (i) 1921 c 7 § 90; RRS § 10848. (ii) 1937 c 90 § 10;
RRS § 10847-1.]
Fair commission: Chapter 15.76 RCW.
Farm marketing: Chapters 15.64, 15.65, 15.66 RCW.
43.23.033 Funding staff support for commodity
boards and commissions—Rules. (1) The director may
provide by rule for a method to fund staff support for all
commodity boards and commissions if a position is not
directly funded by the legislature.
(2) Staff support funded under this section and RCW
15.65.047(1)(c), 15.66.055(3), 15.24.215, 15.26.265,
15.28.320, 15.44.190, 15.88.180, and 16.67.190 shall be
limited to one-half full-time equivalent employee for all
commodity boards and commissions. [2002 c 313 § 78.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
43.23.035 Powers and duties—State agricultural
market development programs and activities. The
department of agriculture is hereby designated as the agency
of state government for the administration and implementation of state agricultural market development programs and
activities, both domestic and foreign, and shall, in addition
to the powers and duties otherwise imposed by law, have the
following powers and duties:
(1) To study the potential marketability of various
agricultural commodities of this state in foreign and domestic
trade;
(2) To collect, prepare, and analyze foreign and domestic market data;
(3) To establish a program to promote and assist in the
marketing of Washington-bred horses: PROVIDED, That
the department shall present a proposal to the legislature no
later than December 1, 1986, that provides for the elimination of all state funding for the program after June 30, 1989;
(4) To encourage and promote the sale of Washington’s
agricultural commodities and products at the site of their
production through the development and dissemination of
referral maps and other means;
(5) To encourage and promote those agricultural
industries, such as the wine industry, which attract visitors
to rural areas in which other agricultural commodities and
products are produced and are, or could be, made available
for sale;
(2002 Ed.)
Department of Agriculture
(6) To encourage and promote the establishment and use
of public markets in this state for the sale of Washington’s
agricultural products;
(7) To maintain close contact with foreign firms and
governmental agencies and to act as an effective intermediary between foreign nations and Washington traders;
(8) To publish and disseminate to interested citizens and
others information which will aid in carrying out the
purposes of chapters 43.23, 15.64, 15.65, and 15.66 RCW;
(9) To encourage and promote the movement of foreign
and domestic agricultural goods through the ports of Washington;
(10) To conduct an active program by sending representatives to, or engaging representatives in, foreign countries
to promote the state’s agricultural commodities and products;
(11) To assist and to make Washington agricultural
concerns more aware of the potentials of foreign trade and
to encourage production of those commodities that will have
high export potential and appeal;
(12) To coordinate the trade promotional activities of
appropriate federal, state, and local public agencies, as well
as civic organizations; and
(13) To develop a coordinated marketing program with
the department of community, trade, and economic development, utilizing existing trade offices and participating in
mutual trade missions and activities.
As used in this section, "agricultural commodities"
includes products of both terrestrial and aquatic farming.
[1995 c 399 § 70; 1986 c 202 § 1; 1985 c 159 § 3.]
Severability—1986 c 202: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 202 § 7.]
Legislative declaration and intent—1985 c 159: "The legislature
declares that:
(1) Marketing is a dynamic and changing part of Washington
agriculture and a vital element in expanding the state economy.
(2) The export of agricultural products produced in Washington state
contributes substantial benefits to the economic base of the state, provides
a large number of jobs and sizeable tax revenues to state and local
governments, provides an important stabilizing effect on prices received by
agricultural producers, and contributes to the United States balance of trade.
(3) State government should play a significant role in the development
and expansion of markets for Washington grown and processed agricultural
and food products.
(4) In order for state government to serve the best interests of
agriculture in the area of market development, the role of state government
in this area must be clearly defined.
(5) The department of agriculture, the department of commerce and
economic development, and the IMPACT center at Washington State
University, each possesses its own unique body of knowledge, expertise,
and relationships that, when combined and applied in a logical and
cooperative manner, will benefit the agricultural industry and the overall
state economy and will provide a powerful force to seek aggressively new
domestic and international markets for Washington’s agricultural products.
It is the intent of the legislature to establish an organized agricultural
market development function within state government with clearly defined
areas of responsibility which will be responsive to the state’s agricultural
and food products industries’ needs, without duplicating established private
sector marketing efforts." [1985 c 159 § 1.]
43.23.037 Publishing and dissemination costs—
Deposit of proceeds. The director may collect moneys to
recover the reasonable costs of publishing and disseminating
informational materials by the department. Materials may be
disseminated in printed or electronic format. All moneys
collected shall be deposited in the agricultural local fund or
(2002 Ed.)
43.23.035
other appropriate fund administered by the director. [1997
c 303 § 5.]
Findings—1997 c 303: See note following RCW 43.135.055.
43.23.042 Consultation with commodity commissions. The director may consult with each commodity
commission established under state law in order to establish
or maintain an integrated comprehensive regulatory scheme
for each commodity and the agricultural industry in this state
as a whole. [2002 c 313 § 112.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
43.23.050 Powers and duties. The director of
agriculture shall:
(1) Exercise all the powers and perform all the duties
prescribed by law relating to horticulture, and horticultural
plants and products;
(2) Enforce and supervise the administration of all laws
relating to horticulture, horticultural products, and horticultural interests. [1983 c 248 § 6; 1967 c 240 § 5; 1965 c 8
§ 43.23.050. Prior: 1921 c 7 § 91; RRS § 10849.]
Horticultural
pests and diseases: Chapter 15.08 RCW.
plants and facilities: Chapter 15.13 RCW.
43.23.070 Powers and duties of state veterinarian.
The state veterinarian shall exercise all the powers and
perform all duties prescribed by law relating to diseases
among animals and the quarantine and destruction of
diseased animals.
The state veterinarian shall enforce and supervise the
administration of all laws relating to meat inspection, the
prevention, detection, control and eradication of diseases of
animals, and all other matters relative to the diseases of
livestock and their effect upon the public health. [1998 c 8
§ 20; 1983 c 248 § 7; 1967 c 240 § 7; 1965 c 8 § 43.23.070.
Prior: 1943 c 56 § 1; 1921 c 7 § 92; Rem. Supp. 1943 §
10850.]
Animal health: Chapter 16.36 RCW.
Dairies and dairy products: Chapter 15.36 RCW.
Diseased animals: Chapter 16.36 RCW.
43.23.090 Powers and duties. The director of
agriculture shall exercise all powers and perform all duties
prescribed by law with respect to the inspection of foods,
food products, drinks, milk and milk products, and dairies
and dairy products and the components thereof.
He shall enforce and supervise the administration of all
laws relating to foods, food products, drinks, milk and milk
products, dairies and dairy products, and their inspection,
manufacture, and sale. [1983 c 248 § 8; 1967 c 240 § 9;
1965 c 8 § 43.23.090. Prior: 1921 c 7 § 93; RRS § 10851.]
Commercial feed law: Chapter 15.53 RCW.
Eggs and egg products: Chapter 69.25 RCW.
Food, drugs and cosmetics: Chapter 69.04 RCW.
Honey: Chapter 69.28 RCW.
Weighing commodities in highway transport: Chapter 15.80 RCW.
Weights and measures: Chapter 19.94 RCW.
[Title 43 RCW—page 181]
43.23.110
Title 43 RCW: State Government—Executive
43.23.110 Powers and duties. The director of
agriculture shall exercise all powers and perform all duties
prescribed by law with respect to grains, grain and hay
products, grain and terminal warehouses, commercial feeds,
commercial fertilizers, and chemical pesticides.
He shall enforce and supervise the administration of all
laws relating to grains, grain and hay products, grain and
terminal warehouses, commercial feeds, commercial fertilizers, and chemical pesticides. [1983 c 248 § 9; 1967 c 240
§ 11; 1965 c 8 § 43.23.110. Prior: 1921 c 7 § 94; RRS §
10852.]
Commercial fertilizers: Chapter 15.54 RCW.
Grain and terminal warehouses: Chapter 22.09 RCW.
Quarantine: Chapter 17.24 RCW.
Seeds: Chapter 15.49 RCW.
Weeds: Chapters 17.04 and 17.06 RCW.
43.23.120 Bulletins and reports. The director of
agriculture may publish and distribute bulletins and reports
embodying information upon the subjects of agriculture,
horticulture, livestock, dairying, foods and drugs, and other
matters pertaining to his department. [1977 c 75 § 50; 1965
c 8 § 43.23.120. Prior: (i) 1919 c 126 § 1, part; 1913 c 60
§ 6, part; RRS § 2724, part. (ii) 1921 c 7 § 89, part; RRS
§ 10847, part.]
43.23.130 Annual report. The director of agriculture
shall make an annual report to the governor containing an
account of all matters pertaining to his department and its
administration. [1977 c 75 § 51; 1965 c 8 § 43.23.130.
Prior: (i) 1919 c 126 § 1, part; 1913 c 60 § 6, part; RRS §
2724, part. (ii) 1921 c 7 § 89, part; RRS § 10847, part.]
43.23.160 Powers and duties. The director of
agriculture shall exercise all the powers and perform all the
duties prescribed by law relating to commission merchants,
livestock identification, livestock brand registration and
inspection. All officers appointed to enforce these laws who
have successfully completed a course of training prescribed
by the Washington state criminal justice training commission
shall have the authority generally vested in a peace officer
solely for the purpose of enforcing these laws.
He shall enforce and supervise the administration of all
laws relating to commission merchants, livestock identification and shall have the power to enforce all laws relating to
any division under the supervision of the director of agriculture. [1983 c 248 § 10; 1967 c 240 § 13. Prior: 1965 c 8
§ 43.23.160; prior: 1951 c 170 § 3.]
43.23.170 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department of agriculture shall be in accordance with RCW 43.05.100 and
43.05.110. [1995 c 403 § 623.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.23.200 Official chemists of department—
Designated—Duties. The chief chemist of the department
[Title 43 RCW—page 182]
of agriculture dairy and food laboratory and the chief
chemist of the department of agriculture chemical and hop
laboratory shall be the official chemists of the department of
agriculture. Official chemists of the department shall
provide laboratory services and analyze all substances that
the director of agriculture may send to them and report to
the director without unnecessary delay the results of any
analysis so made. When called upon by the director, they or
any of the additional chemists provided for pursuant to RCW
43.23.205 shall assist in any prosecution for the violation of
any law enforced by the department. [1987 c 393 § 14;
1981 c 297 § 27.]
Severability—1981 c 297: See note following RCW 15.36.201.
43.23.205 Additional chemists—Appointment—
Duties—Compensation. The director of agriculture may
appoint one or more competent graduate chemists to serve as
additional chemist of the department of agriculture, who may
perform any of the duties required of and under the supervision of the official chemists, and whose compensation shall
be fixed by the director. [1981 c 297 § 28.]
Severability—1981 c 297: See note following RCW 15.36.201.
43.23.220 Disposition of impounded livestock on
Hanford reservation—Agreements to act as federal
government’s agent. The director of agriculture may enter
written agreements with one or more agencies of the United
States to act as the federal government’s agent for determining the disposition of livestock impounded on the federal
Hanford reservation. The director’s authority under such an
agreement may include, but is not limited to, selling or
donating, on behalf of the federal government, unclaimed
livestock to a qualified person, organization, or governmental
agency that the director determines to be capable of humanely transporting and caring for the livestock. The director
may sell or donate such livestock only if the livestock
remains unclaimed after the completion of a reasonable
attempt to ascertain ownership and, if ownership is not
otherwise determined, by the publication of notice that the
livestock has been impounded on the reservation. [1983 c
248 § 12.]
43.23.230 Agricultural local fund. The agricultural
local fund is hereby established in the custody of the state
treasurer. The fund shall consist of such money as is
directed by law for deposit in the fund, and such other
money not subject to appropriation that the department
authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law,
may only be expended in accordance with those restrictions.
The department may make disbursements from the fund.
The fund is not subject to legislative appropriation. [1988 c
254 § 1.]
43.23.240 Senior environmental corps—Department
powers and duties. (1) The department of agriculture shall
have the following powers and duties in carrying out its
responsibilities for the senior environmental corps created
under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
(2002 Ed.)
Department of Agriculture
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 8.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.23.250 Collection of unpaid penalties, assessments, and debts—Use of collection agencies. Except as
otherwise specified by law, the director or his or her
designee has the authority to retain collection agencies
licensed under chapter 19.16 RCW for the purposes of
collecting unpaid penalties, assessments, and other debts
owed to the department.
The director or his or her designee may also collect as
costs moneys paid to the collection agency as charges, or in
the case of credit cards or financial instruments, such as
checks returned for nonpayment, moneys paid to financial
institutions. [1995 c 374 § 62.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
43.23.255 Assessments levied by director—Personal
debt—Costs of collecting—Civil actions authorized—
Attorneys’ fees. Except as otherwise specified by law, any
due and payable assessment levied under the authority of the
director or his or her designee in such specified amount as
may be determined by the department shall constitute a
personal debt of every person so assessed or who otherwise
owes the same, and the same shall be due and payable to the
department when payment is called for by the department.
In the event any person fails to pay the department the full
amount of such assessment or such other sum on or before
the date due, the department may, and is hereby authorized
to, add to such unpaid assessment or other sum an amount
not exceeding ten percent of the same to defray the cost of
enforcing the collecting of the same. In the event of failure
of such person or persons to pay any such due and payable
assessment or other sum, the department may bring a civil
action against such person or persons in a court of competent
jurisdiction for the collections thereof, including all costs and
reasonable attorneys’ fees together with the above specified
ten percent, and such action shall be tried and judgment
rendered as in any other cause of action for debt due and
payable. [1995 c 374 § 63.]
43.23.240
for all unpaid balances for moneys owed to the department.
[1995 c 374 § 64.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
43.23.265 Dishonored check or negotiable instrument. Except as otherwise specified by law, in the event a
check or negotiable instrument as defined by RCW 62A.3104 is dishonored by nonacceptance or nonpayment, the
department is entitled to collect a reasonable handling fee for
each instrument. If the check or instrument is not paid
within fifteen days and proper notice is sent, the department
is authorized to recover the assessment, the handling fee, and
any other charges allowed by RCW 62A.3-515. [1995 c 374
§ 65.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
43.23.270 Export market development project
records—Confidentiality. Except for release of statistical
information not descriptive of any readily identifiable person
or persons, all financial and commercial information and
records supplied by persons to the department with respect
to export market development projects shall be kept confidential unless confidentiality is waived by the party supplying the information. For purposes of this section, persons
include any natural person, joint venture, firm, partnership or
association, private or public corporation, or governmental
entity. [1996 c 80 § 2.]
43.23.275 Market development and promotion
matching fund program. There is created a market
development and promotion matching fund program within
the Washington state department of agriculture. The purpose
of the program is to allow the department of agriculture and
the agricultural industry to combine funds in order to
enhance access to markets that are growth sales areas for the
industry’s product. The goal of the program is to expose
buyers to Washington’s diverse agricultural products. The
agriculture [agricultural] industry may bring in buying
missions, perform trade promotions in various markets, hire
overseas contractors, and perform other marketing functions
that help it target the correct buyer and market for its product. [2001 c 324 § 2.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Findings—Intent—2001 c 324: "The legislature finds that the
growing and processing of food and agricultural products is the dominant
industry in Washington state and a major employer in rural Washington.
The legislature also finds that agriculture is a critical component of
Washington’s international trade industry, accounting for billions of dollars
in exports every year.
The legislature further finds that the export market for Washington’s
agricultural products has dropped significantly in recent years and that such
a drop has negatively impacted the economy in Washington’s agricultural
regions. Therefore, it is the intent of the legislature to enhance
Washington’s international trade of agricultural products by increasing
funding for the Washington state department of agriculture’s international
marketing program in an effort to promote marketing of Washington’s
products and to assist the agricultural industry in efforts to reduce trade
barriers that stand in the way of trade in new and emerging markets." [2001
c 324 § 1.]
43.23.260 Interest on unpaid balances. Except as
otherwise specified by law, the department is authorized to
charge interest at the rate authorized under RCW 43.17.240
43.23.280 Trade barrier matching fund program.
(1) The legislature finds that trade barriers have become an
increasingly important issue in the agricultural arena.
(2002 Ed.)
[Title 43 RCW—page 183]
43.23.280
Title 43 RCW: State Government—Executive
Further, the world trade organization highlighted the need for
"a fair and level playing field." The legislature finds that
both large and small commodity groups need adequate
resources to address trade barrier issues.
(2) There is created within the department of agriculture
a trade barrier matching fund program to assist agriculture
[agricultural] industries in fighting trade barriers. The
purpose of the program is to allow the department of
agriculture and the agricultural industry to combine funds in
order to address trade barriers issues impacting the agricultural industry. [2001 c 324 § 3.]
Findings—Intent—2001 c 324: See note following RCW 43.23.275.
Chapter 43.24
DEPARTMENT OF LICENSING
Sections
43.24.001
Department of licensing—Creation—Director—Powers,
duties, and functions—Personnel.
43.24.005 Director—Appointment—Salary.
43.24.016 Powers and duties—Generally.
43.24.020 Powers and duties—Licensing.
43.24.023 Rule-making authority.
43.24.030 "License" defined.
43.24.040 Forms to be prescribed.
43.24.060 Examinations—Committees—Duties, compensation, travel
expenses.
43.24.065 Appointment of temporary additional members of boards
and committees for administration and grading of examinations.
43.24.080 Issuance of licenses.
43.24.084 Professional licenses—Use of social security numbers and
drivers’ license numbers prohibited.
43.24.085 License or registration fees for businesses, occupations and
professions—Policy—Maximum fees—Determination.
43.24.086 Fee policy for professions, occupations, and businesses—
Determination by rule.
43.24.090 Examination of handicapped persons.
43.24.112 Suspension of license—Noncompliance with support order—
Reissuance.
43.24.115 Director’s duties as to refusal, revocation or suspension of
licenses—Performance by assistants.
43.24.120 Appeal—Further review.
43.24.125 Enforcement in accordance with RCW 43.05.100 and
43.05.110.
43.24.130 License moratorium for persons in service.
43.24.140 Extension or modification of licensing, certification, or
registration period authorized—Rules and regulations,
manner and content.
Applications for licenses, discrimination to require disclosure of race or
religion in: RCW 43.01.100, 43.01.110.
Corporation doing business without license, penalty: RCW 9.24.040.
Department created: RCW 46.01.020, 43.17.010.
Drivers’ training schools, director’s powers and duties relating to: Chapter
46.82 RCW.
Emergency management workers, licensing requirements waived during
emergency: RCW 38.52.180.
For-hire vehicles, certificates and operators’ permits, director’s powers and
duties relating to: Chapter 46.72 RCW.
Gambling commission, administrator and staff for: RCW 9.46.080.
Health, department of, functions transferred to: RCW 43.70.901.
Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054
and 2.36.0571.
Marine recreation land act, duties: Chapter 79A.25 RCW.
Massachusetts trusts, rules and regulations by director: RCW 23.90.040.
Motor vehicles
[Title 43 RCW—page 184]
accident reports, tabulation and analysis of to be available to: RCW
46.52.060.
administration by director of licensing: RCW 46.01.030, 46.01.040.
agents of: RCW 46.01.130, 46.01.140.
amateur radio operators with special license plates, director to furnish
lists of: RCW 46.16.340.
annual reports to governor: RCW 46.01.290.
certified copies of departmental records relating to, department to furnish:
RCW 46.01.250.
departmental records relating to, destruction of: RCW 46.01.260.
financial responsibility act, director’s powers and duties under: Chapter
46.29 RCW.
general powers of director: RCW 46.01.130.
lighting and other vehicle equipment, director’s powers and duties
relating to: Chapter 46.37 RCW.
motor vehicle dealer’s licenses, director’s powers and duties relating to:
Chapter 46.70 RCW.
motor vehicle fuel tax, duties concerning: Chapter 82.36 RCW.
motor vehicle fund moneys distributed to: RCW 46.68.090.
motor vehicle revenue, director’s powers and duties relating to: Chapter
46.68 RCW.
motor vehicle transporters’ licenses, director’s powers and duties relating
to: Chapter 46.76 RCW.
safety responsibility act, director’s powers and duties relating to:
Chapter 46.29 RCW.
vehicle and operator licensing, rules for: RCW 46.01.110.
vehicle wreckers’ licensing, director’s powers and duties relating to:
Chapter 46.80 RCW.
Oath of director: RCW 43.17.030.
Offices of department maintained at state capital: RCW 43.17.050.
Powers and duties of director: RCW 43.17.030, 43.24.020, chapter 46.01
RCW.
Rules of department: RCW 43.17.060, 46.01.110.
Seal: RCW 46.01.170.
Securities act, licensing requirements: Chapter 21.20 RCW.
Vacancies in department: RCW 43.17.020, 43.17.040.
Veterans, motor vehicle license issued free to disabled: RCW 73.04.110.
Veterans’ preferences, qualifications for: RCW 73.04.090.
43.24.001 Department of licensing—Creation—
Director—Powers, duties, and functions—Personnel. See
chapter 46.01 RCW.
43.24.005 Director—Appointment—Salary. The
director of licensing shall be appointed by the governor with
the consent of the senate and shall serve at the pleasure of
the governor. The director shall receive a salary in an
amount fixed by the governor in accordance with RCW
43.03.040. [1999 c 240 § 3.]
43.24.016 Powers and duties—Generally. (1) The
director of licensing shall supervise and administer the
activities of the department of licensing and shall advise the
governor and the legislature with respect to matters under the
jurisdiction of the department.
(2) In addition to other powers and duties granted to the
director, the director has the following powers and duties:
(a) Enter into contracts on behalf of the state to carry
out the responsibilities of the department;
(b) Accept and expend gifts and grants, whether such
grants be of federal or other funds;
(c) Appoint a deputy director and such assistant directors, special assistants, and administrators as may be needed
to administer the department. These employees are exempt
from the provisions of chapter 41.06 RCW;
(2002 Ed.)
Department of Licensing
(d) Adopt rules in accordance with chapter 34.05 RCW
and perform all other functions necessary to carry out the
responsibilities of the department;
(e) Delegate powers, duties, and functions as the
director deems necessary for efficient administration, but the
director is responsible for the official acts of the officers and
employees of the department; and
(f) Perform other duties as are necessary and consistent
with law.
(3) The director may establish advisory groups as may
be necessary to carry out the responsibilities of the department.
(4) The internal affairs of the department shall be under
the control of the director in order that the director may
manage the department in a flexible and intelligent manner
as dictated by changing contemporary circumstances. Unless
specifically limited by law, the director shall have complete
charge and supervisory powers over the department. The
director may create such administrative structures as the
director deems appropriate, except as otherwise specified by
law, and the director may employ such personnel as may be
necessary in accordance with chapter 41.06 RCW, except as
otherwise provided by law. [1999 c 240 § 4.]
43.24.020 Powers and duties—Licensing. In
addition to other powers and duties granted to the department, the director of licensing shall administer all laws with
respect to the examination of applicants for, and the issuance
of, licenses to persons to engage in any business, profession,
trade, occupation, or activity except for health professions.
[1999 c 240 § 1; 1994 c 92 § 496; 1989 1st ex.s. c 9 § 314;
1979 c 158 § 95; 1965 c 100 § 2; 1965 c 8 § 43.24.020.
Prior: (i) 1921 c 7 § 96; RRS § 10854. (ii) 1921 c 7 § 104;
RRS § 10862. (iii) 1929 c 133 § 1; RRS § 5852-24.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Powers, duties and functions of director and department of licensing:
Chapter 46.01 RCW.
43.24.023 Rule-making authority. For rules adopted
after July 23, 1995, the director of the department of
licensing may not rely solely on a section of law stating a
statute’s intent or purpose, on the enabling provisions of the
statute establishing the agency, or on any combination of
such provisions, for statutory authority to adopt any rule,
except rules defining or clarifying terms in, or procedures
necessary to the implementation of, a statute. [1995 c 403
§ 107.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.24.030 "License" defined. The word "license"
shall be construed to mean and include license, certificate of
registration, certificate of qualification, certificate of competency, certificate of authority, and any other instrument, by
whatever name designated, authorizing the practice of a profession or calling, the carrying on of a business or occupation, or the doing of any act required by law to be authorized
by the state. [1965 c 8 § 43.24.030. Prior: 1921 c 7 § 98;
RRS § 10856.]
(2002 Ed.)
43.24.016
43.24.040 Forms to be prescribed. The director of
licensing shall prescribe the various forms of applications,
certificates, and licenses required by law. [1979 c 158 § 97;
1965 c 8 § 43.24.040. Prior: 1921 c 7 § 97; RRS § 10855.]
Application forms—Licenses—Mention of race or religion prohibited: RCW
43.01.100, 43.01.110.
Director to prescribe forms for applications, licenses, certificates: RCW
46.01.160.
43.24.060 Examinations—Committees—Duties,
compensation, travel expenses. (1) The director of
licensing shall, from time to time, fix such times and places
for holding examinations of applicants as may be convenient,
and adopt general rules and regulations prescribing the
method of conducting examinations.
The governor, from time to time, upon the request of
the director of licensing, shall appoint examining committees, composed of three persons possessing the qualifications
provided by law to conduct examinations of applicants for
licenses to practice the respective professions or callings for
which licenses are required.
The committees shall prepare the necessary lists of
examination questions, conduct the examinations, which may
be either oral or written, or partly oral and partly written,
and shall make and file with the director of licensing lists,
signed by all the members conducting the examination,
showing the names and addresses of all applicants for
licenses who have successfully passed the examination, and
showing separately the names and addresses of the applicants
who have failed to pass the examination, together with all
examination questions and the written answers thereto
submitted by the applicants.
Each member of a committee shall receive twenty-five
dollars per day for each day spent in conducting the examination and in going to and returning from the place of
examination, and travel expenses, in accordance with RCW
43.03.050 and 43.03.060.
(2) The director of licensing may appoint advisory
committees to advise the department regarding the preparation of examinations for professional licensing and such
other specific aspects of regulating the professions within the
jurisdiction of the department as the director may designate.
Such a committee and its members shall serve at the
pleasure of the director.
Each member of an advisory committee shall be
compensated in accordance with RCW 43.03.240 and shall
receive reimbursement for travel expenses incurred in attending meetings of the committee in accordance with RCW
43.03.050 and 43.03.060. [1984 c 287 § 78; 1982 c 227 §
15; 1979 c 158 § 98; 1975-’76 2nd ex.s. c 34 § 105; 1965
c 100 § 3; 1965 c 8 § 43.24.060. Prior: 1921 c 7 § 99;
RRS § 10857.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.24.065 Appointment of temporary additional
members of boards and committees for administration
and grading of examinations. The director of licensing
may, at the request of a board or committee established
[Title 43 RCW—page 185]
43.24.065
Title 43 RCW: State Government—Executive
under Title 18 RCW under the administrative authority of
the department of licensing, appoint temporary additional
members for the purpose of participating as members during
the administration and grading of practical examinations for
licensure, certification, or registration. The appointment
shall be for the duration of the examination specified in the
request. Individuals so appointed must meet the same
minimum qualifications as regular members of the board or
committee, including the requirement to be licensed, certified, or registered. While serving as board or committee
members, persons so appointed have all the powers, duties,
and immunities and are entitled to the emoluments, including
travel expenses in accordance with RCW 43.03.050 and
43.03.060, of regular members of the board or committee.
This authority is intended to provide for more efficient,
economical, and effective examinations. [1985 c 116 § 1.]
43.24.080 Issuance of licenses. Except as provided
in RCW 43.24.112, at the close of each examination the
department of licensing shall prepare the proper licenses,
where no further fee is required to be paid, and issue
licenses to the successful applicants signed by the director
and notify all successful applicants, where a further fee is
required, of the fact that they are entitled to receive such
license upon the payment of such further fee to the department of licensing and notify all applicants who have failed
to pass the examination of that fact. [1997 c 58 § 866; 1979
c 158 § 99; 1965 c 100 § 4; 1965 c 8 § 43.24.080. Prior:
1921 c 7 § 101; RRS § 10859.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.24.084 Professional licenses—Use of social
security numbers and drivers’ license numbers prohibited. Social security numbers and drivers’ license numbers
may not be used as part of a professional license. Professional licenses containing such information that are in
existence on January 1, 2002, shall comply with this section
by the next renewal date. [2001 c 276 § 1.]
Effective date—2001 c 276: "This act takes effect January 1, 2002."
[2001 c 276 § 2.]
43.24.085 License or registration fees for businesses,
occupations and professions—Policy—Maximum fees—
Determination.
Reviser’s note: RCW 43.24.085 was amended by 1983 c 75 § 17
without reference to its repeal by 1983 c 168 § 13. It has been decodified
for publication purposes pursuant to RCW 1.12.025.
43.24.086 Fee policy for professions, occupations,
and businesses—Determination by rule. It shall be the
policy of the state of Washington that the cost of each
professional, occupational[,] or business licensing program
be fully borne by the members of that profession, occupation[,] or business. The director of licensing shall from time
to time establish the amount of all application fees, license
fees, registration fees, examination fees, permit fees, renewal
fees, and any other fee associated with licensing or regu[Title 43 RCW—page 186]
lation of professions, occupations[,] or businesses, except for
health professions, administered by the department of
licensing. In fixing said fees, the director shall set the fees
for each such program at a sufficient level to defray the
costs of administering that program. All such fees shall be
fixed by rule adopted by the director in accordance with the
provisions of the administrative procedure act, chapter 34.05
RCW. [1999 c 240 § 2; 1989 1st ex.s. c 9 § 315; 1987 c
467 § 7; 1983 c 168 § 12.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1983 c 168: See RCW 18.120.910.
Regulation of health professions: Chapters 18.120 and 18.122 RCW.
43.24.090 Examination of handicapped persons.
Any person taking any written examination prescribed or
authorized by law, for a license or permit to practice any
trade, occupation, or profession, who, because of any
handicap, is unable to write the examination himself, may
dictate it to and have it written or typed by another, to the
same effect as though the examination were written out by
himself. Any expense connected therewith shall be borne by
the person taking the examination. [1965 c 8 § 43.24.090.
Prior: 1947 c 143 § 1; Rem. Supp. 1947 § 8265-20.]
43.24.112 Suspension of license—Noncompliance
with support order—Reissuance. The department shall
immediately suspend any license issued by the department of
licensing of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license shall be
automatic upon the department’s receipt of a release issued
by the department of social and health services stating that
the licensee is in compliance with the order. [1997 c 58 §
869.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.24.115 Director’s duties as to refusal, revocation
or suspension of licenses—Performance by assistants.
The director may deputize one or more of his assistants to
perform his duties with reference to refusal, revocation or
suspension of licenses, including the power to preside at
hearings and to render decisions therein subject to the
approval of the director. [1965 c 100 § 6.]
43.24.120 Appeal—Further review. Except as
provided in RCW 43.24.112, any person feeling aggrieved
by the refusal of the director to issue a license, or to renew
one, or by the revocation or suspension of a license shall
(2002 Ed.)
Department of Licensing
have a right of appeal to superior court from the decision of
the director of licensing, which shall be taken, prosecuted,
heard, and determined in the manner provided in chapter
34.05 RCW.
The decision of the superior court may be reviewed by
the supreme court or the court of appeals in the same
manner as other civil cases. [1997 c 58 § 868; 1987 c 202
§ 212; 1979 c 158 § 102; 1971 c 81 § 112; 1965 c 8 §
43.24.120. Prior: 1921 c 7 § 106; RRS § 10864.]
Rules of court: Writ procedure superseded by RAP 2.1, 2.2, 18.22.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Intent—1987 c 202: See note following RCW 2.04.190.
43.24.125 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department of licensing
shall be in accordance with RCW 43.05.100 and 43.05.110.
[1995 c 403 § 624.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.24.130 License moratorium for persons in
service. Notwithstanding any provision of law to the
contrary, the license of any person licensed by the director
of licensing to practice a profession or engage in an occupation, if valid and in force and effect at the time the licensee
entered service in the armed forces or the merchant marine
of the United States, shall continue in full force and effect
so long as such service continues, unless sooner suspended,
canceled, or revoked for cause as provided by law. The
director shall renew the license of every such person who
applies for renewal thereof within six months after being
honorably discharged from service upon payment of the
renewal fee applicable to the then current year or other
license period. [1979 c 158 § 103; 1965 c 8 § 43.24.130.
Prior: 1945 c 112 § 1; 1943 c 108 § 1; RRS § 10864-1.]
43.24.140 Extension or modification of licensing,
certification, or registration period authorized—Rules
and regulations, manner and content. Notwithstanding
any provision of law to the contrary which provides for a
licensing period for any type of license subject to this
chapter, the director of licensing may, from time to time,
extend or otherwise modify the duration of any licensing,
certification, or registration period, whether an initial or renewal period, if the director determines that it would result
in a more economical or efficient operation of state government and that the public health, safety, or welfare would not
be substantially adversely affected thereby. However, no
license, certification, or registration may be issued or approved for a period in excess of four years, without renewal.
Such extension, reduction, or other modification of a
licensing, certification, or registration period shall be by rule
or regulation of the department of licensing adopted in
accordance with the provisions of chapter 34.05 RCW. Such
(2002 Ed.)
43.24.120
rules and regulations may provide a method for imposing
and collecting such additional proportional fee as may be
required for the extended or modified period. [1984 c 279
§ 25; 1979 c 158 § 104; 1971 c 52 § 1.]
Severability—1984 c 279: See RCW 18.130.901.
Chapter 43.27A
WATER RESOURCES
Sections
43.27A.015 Powers, duties and functions of department of water resources, director thereof, transferred to department of ecology.
43.27A.020 Definitions.
43.27A.090 Powers and duties of department.
43.27A.130 Department of ecology to inventory state water resources.
43.27A.190 Water resource orders.
43.27A.220 "Person" defined.
43.27A.900 Liberal construction.
43.27A.910 Severability—1967 c 242.
43.27A.015 Powers, duties and functions of department of water resources, director thereof, transferred to
department of ecology. See RCW 43.21A.064.
43.27A.020 Definitions. As used in this chapter, and
unless the context indicates otherwise, words and phrase
shall mean:
"Department" means the department of ecology;
"Director" means the director of ecology;
"State agency" and "state agencies" mean any branch,
department or unit of state government, however designated
or constituted;
"Water resources" means all waters above, upon, or
beneath the surface of the earth, located within the state and
over which the state has sole or concurrent jurisdiction.
"Beneficial use" means, but its meaning shall not be
limited to: Domestic water supplies; irrigation; fish, shellfish, game, and other aquatic life; recreation; industrial water
supplies; generation of hydroelectric power; and navigation.
[1987 c 109 § 31; 1967 c 242 § 2.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.27A.090 Powers and duties of department. The
department shall be empowered as follows:
(1) To represent the state at, and fully participate in, the
activities of any basin or regional commission, interagency
committee, or any other joint interstate or federal-state
agency, committee or commission, or publicly financed
entity engaged in the planning, development, administration,
management, conservation or preservation of the water
resources of the state.
(2) To prepare the views and recommendations of the
state of Washington on any project, plan or program relating
to the planning, development, administration, management,
conservation and preservation of any waters located in or
affecting the state of Washington, including any federal
permit or license proposal, and appear on behalf of, and
present views and recommendations of the state at any
proceeding, negotiation or hearing conducted by the federal
government, interstate agency, state or other agency.
[Title 43 RCW—page 187]
43.27A.090
Title 43 RCW: State Government—Executive
(3) To cooperate with, assist, advise and coordinate
plans with the federal government and its officers and
agencies, and serve as a state liaison agency with the federal
government in matters relating to the use, conservation,
preservation, quality, disposal or control of water and
activities related thereto.
(4) To cooperate with appropriate agencies of the
federal government and/or agencies of other states, to enter
into contracts, and to make appropriate contributions to
federal or interstate projects and programs and governmental
bodies to carry out the provisions of this chapter.
(5) To apply for, accept, administer and expend grants,
gifts and loans from the federal government or any other
entity to carry out the purposes of this chapter and make
contracts and do such other acts as are necessary insofar as
they are not inconsistent with other provisions hereof.
(6) To develop and maintain a coordinated and comprehensive state water and water resources related development
plan, and adopt, with regard to such plan, such policies as
are necessary to insure that the waters of the state are used,
conserved and preserved for the best interest of the state.
There shall be included in the state plan a description of
developmental objectives and a statement of the recommended means of accomplishing these objectives. To the
extent the director deems desirable, the plan shall integrate
into the state plan, the plans, programs, reports, research and
studies of other state agencies.
(7) To assemble and correlate information relating to
water supply, power development, irrigation, watersheds,
water use, future possibilities of water use and prospective
demands for all purposes served through or affected by water
resources development.
(8) To assemble and correlate state, local and federal
laws, regulations, plans, programs and policies affecting the
beneficial use, disposal, pollution, control or conservation of
water, river basin development, flood prevention, parks,
reservations, forests, wildlife refuges, drainage and sanitary
systems, waste disposal, water works, watershed protection
and development, soil conservation, power facilities and area
and municipal water supply needs, and recommend suitable
legislation or other action to the legislature, the congress of
the United States, or any city, municipality, or to responsible
state, local or federal executive departments or agencies.
(9) To cooperate with federal, state, regional, interstate
and local public and private agencies in the making of plans
for drainage, flood control, use, conservation, allocation and
distribution of existing water supplies and the development
of new water resource projects.
(10) To encourage, assist and advise regional, and city
and municipal agencies, officials or bodies responsible for
planning in relation to water aspects of their programs, and
coordinate local water resources activities, programs, and
plans.
(11) To promulgate such rules and regulations as are
necessary to carry out the purposes of this chapter.
(12) To hold public hearings, and make such investigations, studies and surveys as are necessary to carry out the
purposes of the chapter.
(13) To subpoena witnesses, compel their attendance,
administer oaths, take the testimony of any person under
oath and require the production of any books or papers when
the department deems such measures necessary in the
[Title 43 RCW—page 188]
exercise of its rule-making power or in determining whether
or not any license, certificate, or permit shall be granted or
extended. [1988 c 127 § 25; 1967 c 242 § 9.]
43.27A.130 Department of ecology to inventory
state water resources. The department of ecology may
make complete inventories of the state’s water resources and
enter into such agreements with the director of the United
States geological survey as will insure that investigations and
surveys are carried on in an economical manner. [1988 c
127 § 26; 1967 c 242 § 15.]
43.27A.190 Water resource orders. Notwithstanding
and in addition to any other powers granted to the department of ecology, whenever it appears to the department that
a person is violating or is about to violate any of the
provisions of the following:
(1) Chapter 90.03 RCW; or
(2) Chapter 90.44 RCW; or
(3) Chapter 86.16 RCW; or
(4) Chapter 43.37 RCW; or
(5) Chapter 43.27A RCW; or
(6) Any other law relating to water resources administered by the department; or
(7) A rule or regulation adopted, or a directive or order
issued by the department relating to subsections (1) through
(6) of this section; the department may cause a written
regulatory order to be served upon said person either
personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged
by him. The order shall specify the provision of the statute,
rule, regulation, directive or order alleged to be or about to
be violated, and the facts upon which the conclusion of
violating or potential violation is based, and shall order the
act constituting the violation or the potential violation to
cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts
within a specific and reasonable time. The regulation of a
headgate or controlling works as provided in RCW
90.03.070, by a watermaster, stream patrolman, or other
person so authorized by the department shall constitute a
regulatory order within the meaning of this section. A
regulatory order issued hereunder shall become effective
immediately upon receipt by the person to whom the order
is directed, except for regulations under RCW 90.03.070
which shall become effective when a written notice is
attached as provided therein. Any person aggrieved by such
order may appeal the order pursuant to RCW 43.21B.310.
[1987 c 109 § 11; 1969 ex.s. c 284 § 7.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
43.27A.220 "Person" defined. Whenever the word
"person" is used in RCW 43.27A.190, it shall be construed
to include any political subdivision, government agency,
municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity
whatsoever. [1988 c 127 § 27; 1969 ex.s. c 284 § 11.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
(2002 Ed.)
Water Resources
43.27A.900 Liberal construction. The rule of strict
construction shall have no application to this chapter, but the
same shall be liberally construed, in order to carry out the
purposes and objectives for which this chapter is intended.
[1967 c 242 § 22.]
43.27A.910 Severability—1967 c 242. If any
provision of this chapter, or its application to any person or
circumstance, is held invalid, the remainder of this chapter,
or the application to other persons or circumstances, is not
affected. [1967 c 242 § 21.]
Chapter 43.30
DEPARTMENT OF NATURAL RESOURCES
Sections
43.30.010
43.30.020
43.30.030
43.30.040
43.30.050
43.30.060
43.30.095
43.30.115
43.30.125
43.30.130
43.30.135
43.30.138
43.30.141
43.30.145
43.30.150
43.30.160
43.30.170
43.30.180
43.30.210
43.30.250
43.30.260
43.30.265
43.30.270
43.30.280
43.30.290
43.30.300
43.30.310
43.30.350
43.30.355
43.30.360
43.30.370
43.30.390
43.30.400
43.30.410
43.30.420
(2002 Ed.)
Purpose.
Definitions.
Department created.
Board of natural resources—Composition.
Administrator of department.
Supervisor of natural resources—Appointment.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Park land trust revolving fund.
Department to exercise certain powers and duties—State
geological survey.
Department to exercise certain powers and duties—
Commissioner of public lands.
Powers of department—Forested lands.
Duties of department—Mining.
Gifts and bequests relating to mining.
Collection of minerals for exhibition.
Powers and duties of board—Personnel—Advisory committees—Organization—Travel expenses.
Powers and duties of administrator—Personnel.
Powers and duties of supervisor—Personnel—Bond.
Oaths may be administered by supervisor and deputies.
Administrator may designate substitute for member of board,
commission, etc.
Property transactions, restrictive conveyances, highway purpose—Existing law to continue.
Real property—Services and facilities available to other state
agencies, cost.
Real property asset base—Natural resources real property
replacement account.
Employees—Applicability of merit system.
Natural resources equipment fund—Authorized—Purposes—
Expenditure.
Natural resources equipment fund—Reimbursement.
Outdoor recreation—Construction, operation, and maintenance of primitive facilities—Right of way and public
access—Use of state and federal outdoor recreation
funds.
Rules pertaining to public use of state lands—
Enforcement—Penalty.
Department of natural resources to exercise mining and
geology powers and duties of department of conservation.
Department to participate in and administer federal Safe
Drinking Water Act in conjunction with other departments.
Clarke-McNary fund.
Cooperative farm forestry funds.
Sustainable harvest sale.
Senior environmental corps—Department powers and duties.
Watershed restoration projects—Permit processing.
Cost-reimbursement agreements for complex projects.
43.27A.900
Categories of trails—Policy statement as to certain state lands: RCW
79A.35.070.
Commissioner of public lands: Chapters 43.12, 79.01 RCW.
Disposition of off-road vehicle moneys: RCW 46.09.110.
Distribution of snowmobile registration fees: RCW 46.10.080.
Duties: RCW 50.70.050.
Forests and forest products: Title 76 RCW.
Infractions: Chapter 7.84 RCW.
Leases for onshore and offshore facilities: RCW 90.48.386.
Metals mining and milling operations, department of natural resources
responsibilities: Chapter 78.56 RCW.
Multiple use concept in management and administration of state-owned
lands: Chapter 79.68 RCW.
Programs for dislocated forest products workers: Chapter 50.70 RCW.
Public lands: Title 79 RCW.
Refunds from motor vehicle fund of amounts taxed as off-road vehicle fuel—
Distribution—Use: RCW 46.09.170.
Sale, lease, and disposal of lands within Seashore Conservation Area:
RCW 79A.05.630.
Treasurer’s duty to refund snowmobile fuel tax to general fund—
Crediting—Use: RCW 46.10.150.
Trust lands—Periodic review to identify parcels appropriate for transfer to
parks and recreation commission: RCW 79A.05.220.
Wildlife and recreation lands; funding of maintenance and operation:
Chapter 79A.20 RCW.
Youth development and conservation corps: Chapter 79A.05 RCW.
43.30.010 Purpose. The purpose of this chapter is to
provide for more effective and efficient management of the
forest and land resources in the state by consolidating into a
department of natural resources certain powers, duties and
functions of the division of forestry of the department of
conservation and development, the board of state land
commissioners, the state forest board, all state sustained
yield forest committees, director of conservation and
development, state capitol committee, director of licensing,
secretary of state, director of revenue, and commissioner of
public lands. [1979 c 107 § 4; 1965 c 8 § 43.30.010. Prior:
1957 c 38 § 1.]
43.30.020 Definitions. For the purpose of this
chapter, except where a different interpretation is required by
the context:
(1) "Department" means the department of natural
resources;
(2) "Board" means the board of natural resources;
(3) "Administrator" means the administrator of the
department of natural resources;
(4) "Supervisor" means the supervisor of natural
resources;
(5) "Agency" and "state agency" means any branch,
department, or unit of the state government, however
designated or constituted;
(6) "Commissioner" means the commissioner of public
lands. [1965 c 8 § 43.30.020. Prior: 1957 c 38 § 2.]
43.30.030 Department created. The department of
natural resources is hereby created, to consist of a board of
natural resources, an administrator and a supervisor. [1965
c 8 § 43.30.030. Prior: 1957 c 38 § 3.]
[Title 43 RCW—page 189]
43.30.040
Title 43 RCW: State Government—Executive
43.30.040
Board of natural resources—
Composition. The board shall consist of six members: The
governor or the governor’s designee, the superintendent of
public instruction, the commissioner of public lands, the
dean of the college of forest resources of the University of
Washington, the dean of the college of agriculture of
Washington State University, and a representative of those
counties that contain state forest lands acquired or transferred
under chapter 76.12 RCW.
The county representative shall be selected by the
legislative authorities of those counties that contain state
forest lands acquired or transferred under chapter 76.12
RCW. In the selection of the county representative, each
participating county shall have one vote. The Washington
state association of counties shall conduct a meeting for the
purpose of making the selection and shall notify the board of
the selection. The county representative shall be a duly
elected member of a county legislative authority who shall
serve a term of four years unless the representative should
leave office for any reason. The initial term shall begin on
July 1, 1986. [1986 c 227 § 1; 1979 ex.s. c 57 § 9; 1965 c
8 § 43.30.040. Prior: 1957 c 38 § 4.]
43.30.050 Administrator of department. The
commissioner of public lands shall be the administrator of
the department. [1965 c 8 § 43.30.050. Prior: 1957 c 38
§ 5.]
43.30.060 Supervisor of natural resources—
Appointment. The supervisor shall be appointed by the
administrator with the advice and consent of the board. He
shall serve at the pleasure of the administrator. [1965 c 8 §
43.30.060. Prior: 1957 c 38 § 6.]
43.30.095 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the commissioner or supervisor of public
lands shall be in accordance with RCW 43.05.100 and
43.05.110. [1995 c 403 § 625.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.30.115 Park land trust revolving fund. The park
land trust revolving fund is to be utilized by the department
of natural resources for the exclusive purpose of acquiring
real property, including all reasonable costs associated with
these acquisitions, as a replacement for the property transferred to the state parks and recreation commission, as
directed by the legislature in order to maintain the land base
of the affected trusts or under RCW 76.12.125. Proceeds
from transfers of real property to the state parks and recreation commission or other proceeds identified from transfers
of real property as directed by the legislature shall be
deposited in this fund. Disbursement from the park land
trust revolving fund to acquire replacement property shall be
on the authorization of the department of natural resources.
In order to maintain an effective expenditure and revenue
control, the park land trust revolving fund is subject in all
respects to chapter 43.88 RCW, but no appropriation is
[Title 43 RCW—page 190]
required to permit expenditures and payment of obligations
from the fund. [2000 c 148 § 4; 1995 c 211 § 5.]
Findings—Intent—Effective date—Severability—1995 c 211: See
notes following RCW 79A.05.070.
43.30.125 Department to exercise certain powers
and duties—State geological survey. The department of
natural resources shall assume full charge and supervision of
the state geological survey and perform such other duties as
may be prescribed by law. [1988 c 127 § 3; 1965 c 8 §
43.21.050. Prior: 1921 c 7 § 69; RRS § 10827. Formerly
RCW 43.21.050.]
Mining survey reports, forwarding to: RCW 78.06.030.
Provisions relating to geological survey: Chapter 43.92 RCW, RCW
43.27A.130.
43.30.130 Department to exercise certain powers
and duties—Commissioner of public lands. The department shall exercise all of the powers, duties and functions
now vested in the commissioner of public lands and such
powers, duties and functions are hereby transferred to the
department: PROVIDED, That nothing herein contained
shall effect his ex officio membership on any committee
provided by law. [1965 c 8 § 43.30.130. Prior: 1957 c 38
§ 13.]
43.30.135 Powers of department—Forested lands.
(1) The department may:
(a) Inquire into the production, quality, and quantity of
second growth timber to ascertain conditions for reforestation; and
(b) Publish information pertaining to forestry and forest
products which it considers of benefit to the people of the
state.
(2) The department shall:
(a) Collect information through investigation by its employees, on forest lands owned by the state, including:
(i) Condition of the lands;
(ii) Forest fire damage;
(iii) Illegal cutting, trespassing, or thefts; and
(iv) The number of acres and the value of the timber
that is cut and removed each year, to determine which state
lands are valuable chiefly for growing timber;
(b) Prepare maps of each timbered county showing state
land therein; and
(c) Protect state land as much as is practical and feasible
from fire, trespass, theft, and the illegal cutting of timber.
(3) When the department considers it to be in the best
interest of the state, it may cooperate with any agency of
another state, the United States or any agency thereof, the
Dominion of Canada or any agency or province thereof, and
any county, town, corporation, individual, or Indian tribe
within the state of Washington in:
(a) Forest surveys;
(b) Forest studies;
(c) Forest products studies; and
(d) Preparation of plans for the protection, management,
and replacement of trees, wood lots, and timber tracts.
[1986 c 100 § 50.]
Study—1989 c 424: "The department of natural resources shall
conduct a study of state-owned hardwood forests. The study shall include,
but is not limited to: A comprehensive inventory of state-owned hardwood
(2002 Ed.)
Department of Natural Resources
forests and a qualitative assessment of those stands, research into reforestation of hardwoods on state lands, and an analysis of management policies
for increasing the supply of commercially harvestable hardwoods on state
lands." [1989 c 424 § 5.]
Report to legislature—1989 c 424: "If by October 1, 1989, the
United States congress makes an appropriation to the United States forest
service for a Washington state forest inventory and timber supply study, the
department of natural resources shall conduct an inventory and prepare a
report on the timber supply in Washington state. The report shall identify
the quantity of timber present now and the quantity of timber that may be
available from forest lands in the future using various assumptions of
landowner management, including changes in the forest land base, amount
of capital invested in timber management, and expected harvest age. This
report shall categorize the results according to region of the state, land
ownership, land productivity, and according to major timber species.
The report shall contain an estimate of the acreage and volume of old
growth and other timber on lands restricted from commercial timber
harvesting due to state or federal decisions, such as national parks,
wilderness areas, national recreation areas, scenic river designations, natural
areas, geologic areas, or other land allocations which restrict or limit timber
harvesting activities. The department shall determine the definition of old
growth for the purposes of this section.
State appropriations for these purposes in the 1989-91 budget may be
expended if needed for project planning and design. The report shall be
submitted to the appropriate committees of the senate and the house of
representatives by June 1, 1991." [1989 c 424 § 8.]
43.30.138 Duties of department—Mining. The
department of natural resources shall:
(1) Collect, compile, publish, and disseminate statistics
and information relating to mining, milling, and metallurgy;
(2) Make special studies of the mineral resources and
industries of the state;
(3) Collect and assemble an exhibit of mineral specimens, both metallic and nonmetallic, especially those of
economic and commercial importance; such collection to
constitute the museum of mining and mineral development;
(4) Collect and assemble a library pertaining to mining,
milling, and metallurgy of books, reports, drawings, tracings,
and maps and other information relating to the mineral
industry and the arts and sciences of mining and metallurgy;
(5) Make a collection of models, drawings, and descriptions of the mechanical appliances used in mining and
metallurgical processes;
(6) Issue bulletins and reports with illustrations and
maps with detailed description of the natural mineral
resources of the state;
(7) Preserve and maintain such collections and library
open to the public for reference and examination and
maintain a bureau of general information concerning the
mineral and mining industry of the state, and issue from time
to time at cost of publication and distribution such bulletins
as may be deemed advisable relating to the statistics and
technology of minerals and the mining industry;
(8) Make determinative examinations of ores and
minerals, and consider other scientific and economical
problems relating to mining and metallurgy;
(9) Cooperate with all departments of the state government, state educational institutions, the United States
geological survey and the United States bureau of mines.
All departments of the state government and educational
institutions shall render full cooperation to the department in
compiling useful and scientific information relating to the
mineral industry within and without the state, without cost to
the department. [1988 c 127 § 4; 1965 c 8 § 43.21.070.
(2002 Ed.)
43.30.135
Prior: 1935 c 142 § 2; RRS § 8614-2. Formerly RCW
43.21.070.]
Mining survey reports forwarded to: RCW 78.06.030.
43.30.141 Gifts and bequests relating to mining.
The department of natural resources may receive on behalf
of the state, for the benefit of mining and mineral development, gifts, bequests, devises, and legacies of real or
personal property and use them in accordance with the
wishes of the donors and manage, use, and dispose of them
for the best interests of mining and mineral development.
[1988 c 127 § 5; 1965 c 8 § 43.21.080. Prior: 1935 c 142
§ 3; RRS § 8614-3. Formerly RCW 43.21.080.]
43.30.145 Collection of minerals for exhibition. The
department of natural resources may, from time to time,
prepare special collections of ores and minerals representative of the mineral industry of the state to be displayed or
used at any world fair, exposition, mining congress, or state
exhibition, in order to promote information relating to the
mineral wealth of the state. [1988 c 127 § 6; 1965 c 8 §
43.21.090. Prior: 1935 c 142 § 4; RRS § 8614-4. Formerly
RCW 43.21.090.]
43.30.150 Powers and duties of board—Personnel—
Advisory committees—Organization—Travel expenses.
The board shall:
(1) Perform duties relating to appraisal, appeal, approval
and hearing functions as provided by law;
(2) Establish policies to insure that the acquisition, management and disposition of all lands and resources within the
department’s jurisdiction are based on sound principles
designed to achieve the maximum effective development and
use of such lands and resources consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in
Article 16, section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided
for in Article 15, section 1 of the state Constitution as
amended;
(5) Hold regular monthly meetings at such times as it
may determine, and such special meetings as may be called
by the chairman or majority of the board membership upon
written notice to all members thereof: PROVIDED, That the
board may dispense with any regular meetings, except that
the board shall not dispense with two consecutive regular
meetings;
(6) Adopt and enforce such rules and regulations as may
be deemed necessary and proper for carrying out the powers,
duties and functions imposed upon it by this chapter;
(7) Employ and fix the compensation of such technical,
clerical and other personnel as may be deemed necessary for
the performance of its duties;
(8) Appoint such advisory committees as it may deem
appropriate to advise and assist it to more effectively
discharge its responsibilities. The members of such committees shall receive no compensation, but shall be entitled to
reimbursement for travel expenses in attending committee
meetings in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended;
[Title 43 RCW—page 191]
43.30.150
Title 43 RCW: State Government—Executive
(9) Meet and organize within thirty days after March 6,
1957 and on the third Monday of each January following a
state general election at which the elected ex officio members of the board are elected. The board shall select its own
chairman. The commissioner of public lands shall be the
secretary of the board. The board may select a vice chairman from among its members. In the absence of the
chairman and vice chairman at a meeting of the board, the
members shall elect a chairman pro tem. No action shall be
taken by the board except by the agreement of at least four
members. The department and the board shall maintain its
principal office at the capital;
(10) Be entitled to reimbursement individually for travel
expenses incurred in the discharge of their official duties in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. [1988 c 128 § 10; 1986 c
227 § 2; 1975-’76 2nd ex.s. c 34 § 107; 1965 c 8 §
43.30.150. Prior: 1957 c 38 § 15.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.30.160 Powers and duties of administrator—
Personnel. The administrator shall have responsibility for
performance of all the powers, duties and functions of the
department except those specifically assigned to the board.
In the performance of his powers, duties and functions, the
administrator shall conform to policies established by the
board, and may employ and fix the compensation of such
personnel as may be required to perform the duties of his
office. [1965 c 8 § 43.30.160. Prior: 1957 c 38 § 16.]
43.30.170 Powers and duties of supervisor—
Personnel—Bond. The supervisor shall:
(1) Be charged with the direct supervision of the
department’s activities as delegated to him by the administrator;
(2) Perform his duties in conformance with the policies
established by the board;
(3) Organize the department, with approval of the
administrator, into such subordinate divisions as he may
deem appropriate for the conduct of its operations;
(4) Employ and fix the compensation of such technical,
clerical and other personnel as may be required to carry on
activities under his supervision;
(5) Delegate by order any of his powers, duties and
functions to one or more deputies or assistants as he may
desire;
(6) Furnish before entering upon his duties a surety
bond payable to the state in such amount as may be determined by the board, conditioned for the faithful performance
of his duties and for his accounting of all moneys and property of the state that may come into his possession or under
his control by virtue of his office. [1965 c 8 § 43.30.170.
Prior: 1957 c 38 § 17.]
43.30.180 Oaths may be administered by supervisor
and deputies. The supervisor and his duly authorized
deputies may administer oaths. [1965 c 8 § 43.30.180.
Prior: 1957 c 38 § 18.]
[Title 43 RCW—page 192]
43.30.210 Administrator may designate substitute
for member of board, commission, etc. When any officer,
member, or employee of an agency abolished by provisions
of this chapter is, under provisions of existing law, designated as a member ex officio of another board, commission,
committee, or other agency, and no provision is made in this
chapter with respect to a substitute, the administrator shall
designate the officer or other person to serve hereafter in that
capacity. [1965 c 8 § 43.30.210. Prior: 1957 c 38 § 21.]
43.30.250 Property transactions, restrictive conveyances, highway purpose—Existing law to continue.
Nothing in this chapter shall be interpreted as changing
existing law with respect to:
(1) Property given to a state agency on restrictive
conveyance with provision for reversion to the grantor or for
the vesting of title in another if and when such property is
not used by the agency concerned for the stipulated purposes;
(2) Land or other property acquired by any state agency
for highway purposes. [1965 c 8 § 43.30.250. Prior: 1957
c 38 § 25.]
43.30.260 Real property—Services and facilities
available to other state agencies, cost. Upon request by
any state agency vested by law with the authority to acquire
or manage real property, the department shall make available
to such agency the facilities and services of the department
of natural resources with respect to such acquisition or
management, upon condition that such agency reimburse the
department for the costs of such services. [1965 c 8 §
43.30.260. Prior: 1957 c 38 § 26.]
43.30.265 Real property asset base—Natural
resources real property replacement account. (1) The
legislature finds that the department of natural resources has
a need to maintain the real property asset base it manages
and needs an accounting mechanism to complete transactions
without reducing the real property asset base.
(2) The natural resources real property replacement
account is created in the state treasury. This account shall
consist of funds transferred or paid for the disposal or
transfer of real property by the department of natural
resources under RCW 79.01.009. The funds in this account
shall be used solely for the acquisition of replacement real
property and may be spent only when, and as, authorized by
legislative appropriation. [1992 c 167 § 1.]
43.30.270 Employees—Applicability of merit
system. All employees of the department of natural resources shall be governed by any merit system which is now or
may hereafter be enacted by law governing such employment. [1965 c 8 § 43.30.270. Prior: 1957 c 38 § 27.]
43.30.280 Natural resources equipment fund—
Authorized—Purposes—Expenditure. A revolving fund
in the custody of the state treasurer, to be known as the
natural resources equipment fund, is hereby created to be
expended by the department of natural resources without
appropriation solely for the purchase of equipment, machinery, and supplies for the use of the department and for the
(2002 Ed.)
Department of Natural Resources
payment of the costs of repair and maintenance of such
equipment, machinery, and supplies. [1965 c 8 § 43.30.280.
Prior: 1963 c 141 § 1.]
43.30.290 Natural resources equipment fund—
Reimbursement. The natural resources equipment fund
shall be reimbursed by the department of natural resources
for all moneys expended from it. Reimbursement may be
prorated over the useful life of the equipment, machinery,
and supplies purchased by moneys from the fund. Reimbursement may be made from moneys appropriated or
otherwise available to the department for the purchase, repair
and maintenance of equipment, machinery, and supplies and
shall be prorated on the basis of relative benefit to the
programs. For the purpose of making reimbursement, all
existing and hereafter acquired equipment, machinery, and
supplies of the department shall be deemed to have been
purchased from the natural resources equipment fund. [1965
c 8 § 43.30.290. Prior: 1963 c 141 § 2.]
43.30.300 Outdoor recreation—Construction,
operation, and maintenance of primitive facilities—Right
of way and public access—Use of state and federal outdoor recreation funds. The department of natural resources
is authorized:
(1) To construct, operate, and maintain primitive
outdoor recreation and conservation facilities on lands under
its jurisdiction which are of primitive character when deemed
necessary by the department to achieve maximum effective
development of such lands and resources consistent with the
purposes for which the lands are held. This authority shall
be exercised only after review by the interagency committee
for outdoor recreation and determination by the committee
that the department is the most appropriate agency to
undertake such construction, operation and maintenance.
Such review is not required for campgrounds designated and
prepared or approved by the department.
(2) To acquire right of way and develop public access
to lands under the jurisdiction of the department of natural
resources and suitable for public outdoor recreation and
conservation purposes.
(3) To receive and expend funds from federal and state
outdoor recreation funding measures for the purposes of
RCW 43.30.300 and *79.08.109. [1987 c 472 § 13; 1986 c
100 § 51; 1967 ex.s. c 64 § 1.]
*Reviser’s note: RCW 79.08.109 was recodified as RCW
79A.50.110 pursuant to 1999 c 249 § 1601.
Severability—1987 c 472: See RCW 79.71.900.
Construction—1967 ex.s. c 64: "Nothing in this act shall be
construed as affecting the jurisdiction or responsibility of any other state or
local governmental agency, except as provided in section 1 of this act."
[1967 ex.s. c 64 § 4.]
Severability—1967 ex.s. c 64: "If any provision of sections 1
through 4 of this act, or its application to any person or circumstances is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1967 ex.s. c 64 § 3.]
Exchange of lands to secure private lands for parks and recreation
purposes: RCW 79A.50.110.
Interagency committee for outdoor recreation: Chapter 79A.25 RCW.
43.30.310 Rules pertaining to public use of state
lands—Enforcement—Penalty. For the promotion of the
(2002 Ed.)
43.30.280
public safety and the protection of public property, the
department of natural resources may, in accordance with
chapter 34.05 RCW, issue, promulgate, adopt, and enforce
rules pertaining to use by the public of state-owned lands
and property which are administered by the department.
A violation of any rule adopted under this section shall
constitute a misdemeanor unless the department specifies by
rule, when not inconsistent with applicable statutes, that
violation of the rule is an infraction under chapter 7.84
RCW: PROVIDED, That violation of a rule relating to
traffic including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of a rule
equivalent to those provisions of Title 46 RCW set forth in
RCW 46.63.020 remains a misdemeanor.
The commissioner of public lands and such of his
employees as he may designate shall be vested with police
powers when enforcing:
(1) The rules of the department adopted under this
section; or
(2) The general criminal statutes or ordinances of the
state or its political subdivisions where enforcement is
necessary for the protection of state-owned lands and
property. [1987 c 380 § 14; 1979 ex.s. c 136 § 38; 1969
ex.s. c 160 § 1.]
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
43.30.350 Department of natural resources to
exercise mining and geology powers and duties of
department of conservation. See RCW 43.27A.120 and
43.27A.130.
43.30.355 Department to participate in and administer federal Safe Drinking Water Act in conjunction
with other departments. See RCW 43.21A.445.
43.30.360 Clarke-McNary fund. The department and
Washington State University may each receive funds from
the federal government in connection with cooperative work
with the United States department of agriculture, authorized
by sections 4 and 5 of the Clarke-McNary act of congress,
approved June 7, 1924, providing for the procurement,
protection, and distribution of forestry seed and plants for
the purpose of establishing windbreaks, shelter belts, and
farm wood lots and to assist the owners of farms in establishing, improving, and renewing wood lots, shelter belts,
and windbreaks; and are authorized to disburse such funds
as needed. During the 2001-2003 fiscal biennium, the
legislature may transfer from the Clarke-McNary fund to the
state general fund such amounts as reflect the excess fund
balance of the Clarke-McNary fund. [2002 c 371 § 908;
1986 c 100 § 46.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
43.30.370 Cooperative farm forestry funds. The
department and Washington State University may each
receive funds from the federal government for cooperative
work, as authorized by the cooperative forest management
[Title 43 RCW—page 193]
43.30.370
Title 43 RCW: State Government—Executive
act of congress, approved May 18, 1937, and as subsequently authorized by any amendments to or substitutions for that
act, for all purposes authorized by those acts, and to disburse
the funds in cooperation with the federal government in
accordance therewith. [1986 c 100 § 47.]
43.30.390 Sustainable harvest sale. The board of
natural resources shall offer for sale the sustainable harvest
as identified in the 1984-1993 forest land management
program, or as subsequently revised. In the event that decisions made by entities other than the department cause a
decrease in the sustainable harvest the department shall offer
additional timber sales from state-managed lands. [1989 c
424 § 9.]
Effective date—1989 c 424: See note following RCW 76.12.210.
43.30.400 Senior environmental corps—Department
powers and duties. (1) The department of natural resources
shall have the following powers and duties in carrying out its
responsibilities for the senior environmental corps created
under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corpsapproved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps-approved projects.
(2) The department shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 10.]
cost-reimbursement agreement under this section for projects
conducted under the lease.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit or lease applicant. Under the
provisions of a cost-reimbursement agreement, funds from
the applicant shall be used by the department to contract
with an independent consultant to carry out the work covered
by the cost-reimbursement agreement. The department may
also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the
consultant, to provide necessary technical assistance when an
independent consultant with comparable technical skills is
unavailable, and to recover reasonable and necessary direct
and indirect costs that arise from processing the permit or
lease. The department shall, in developing the agreement,
ensure that final decisions that involve policy matters are
made by the agency and not by the consultant. The department shall make an estimate of the number of permanent
staff hours to process the permits or leases, and shall
contract with consultants to replace the time and functions
committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work
on permits or leases not covered by cost-reimbursement
agreements. The department may not use any funds under
a cost-reimbursement agreement to replace or supplant
existing funding. The restrictions of chapter 42.52 RCW
apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2005. The
department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005,
until the project is completed. [2000 c 251 § 3.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.30.410 Watershed restoration projects—Permit
processing. A permit required by the department for a
watershed restoration project as defined in RCW 89.08.460
shall be processed in compliance with RCW 89.08.450
through 89.08.510. [1995 c 378 § 13.]
43.30.420 Cost-reimbursement agreements for
complex projects. (1) The department may enter into a
written cost-reimbursement agreement with a permit or lease
applicant for a complex project to recover from the applicant
the reasonable costs incurred by the department in carrying
out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit or lease processing. The costreimbursement agreement shall identify the specific tasks,
costs, and schedule for work to be conducted under the
agreement. For purposes of this section, a complex project
is a project for which an environmental impact statement is
required under chapter 43.21C RCW. An applicant for a
lease issued under chapter 79.90 RCW may not enter into a
[Title 43 RCW—page 194]
Chapter 43.31
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
(Formerly: Department of trade and economic development)
Sections
43.31.055
43.31.057
43.31.086
43.31.088
43.31.0925
43.31.093
43.31.125
43.31.145
43.31.205
43.31.215
43.31.390
43.31.403
43.31.406
Business expansion and trade development.
Washington products—Expansion of market—Pamphlet.
Business assistance center—Additional duties.
Business assistance center—ISO-9000 quality standards.
Business assistance center—Minority and women business
development office.
Minority and women-owned small businesses—
Entrepreneurial training courses.
Advisory groups.
Foreign offices—Promotion of overseas trade and commerce.
Hanford reservation—Promotion of sublease for nuclearrelated industry.
Hanford reservation—Tri-Cities area—Emphasize work
force and facilities.
Information from environmental profile—Use in brochures
and presentations—Availability to local economic development groups.
Investment opportunities office—Finding and purpose.
Investment opportunities office—Definitions.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.31.409
43.31.411
43.31.414
43.31.417
43.31.422
43.31.425
43.31.428
Investment opportunities office—Created.
Investment opportunities office—Duties.
Investment opportunities office—Service fees.
Investment opportunities office—Contracting authority.
Hanford area economic investment fund.
Hanford area economic investment fund committee.
Hanford area economic investment fund committee—
Powers.
43.31.502 Child care facility revolving fund—Purpose—Source of
funds.
43.31.504 Child care facility fund committee—Generally.
43.31.506 Child care facility fund committee—Authority to award
moneys from fund.
43.31.508 Child care facility fund committee—Loans to child care
facilities.
43.31.512 Child care facility fund committee—Loans or grants to individuals, businesses, or organizations.
43.31.514 Child care facility fund committee—Grants, repayment requirements.
43.31.522 Marketplace program—Definitions.
43.31.524 Marketplace program—Generally.
43.31.526 Marketplace program—Contracts to foster linkages—
Department duties.
43.31.545 Recycled materials and products—Market development.
43.31.800 State international trade fairs—"Director" defined.
43.31.805 State trade fair fund.
43.31.810 State international trade fairs—State aid eligibility requirements.
43.31.820 State international trade fairs—Application for funds.
43.31.830 State international trade fairs—Certification of fairs—
Allotments—Division and payment from state trade fair
fund.
43.31.832 State trade fairs—Transfer of surplus funds in state trade fair
fund to general fund—Expenditure.
43.31.833 State trade fairs—Transfer of surplus funds in state trade fair
fund to general fund—Construction.
43.31.834 State trade fairs—Transfer of surplus funds in state trade fair
fund to general fund—Construction.
43.31.840 State international trade fairs—Post audit of participating
fairs—Reports.
43.31.850 State international trade fairs—State international trade fair
defined.
43.31.859 Rural development council—Successor organization—
Funding.
43.31.942 Bond anticipation notes—Pacific Northwest festival facility
construction account created—Deposit of proceeds from
bonds and notes.
43.31.956 General obligation bonds—Authorized—Issuance, sale,
terms, conditions, etc.—Appropriation required—Pledge
and promise—Seal.
43.31.960 Administration of proceeds.
43.31.962 Retirement of bonds from cultural facilities bond redemption
fund of 1979—Retirement of bonds from state general
obligation bond retirement fund—Remedies of bondholders.
43.31.964 Bonds legal investment for public funds.
Chief assistants: RCW 43.17.040.
Cities and towns, annexation, director member of review board: RCW
35.13.171.
Clean Washington center: Chapter 70.95H RCW.
Department created: RCW 43.17.010.
Department to arrange provision of information on environmental laws:
RCW 43.21A.515.
Development credit corporations: Chapter 31.20 RCW.
Diverse cultures and languages encouraged—State policy: RCW 1.20.100.
Industrial development revenue bonds: Chapter 39.84 RCW.
Industrial projects of statewide significance—Appointment of ombudsmen:
RCW 43.157.030.
Joint committee on nuclear energy: Chapter 44.39 RCW.
Nuclear energy, thermal, electric generating power facilities, joint development: Chapter 54.44 RCW.
Oath: RCW 43.17.030.
(2002 Ed.)
Chapter 43.31
Occupational forecast—Agency consultation: RCW 50.38.030.
Office maintained at state capital: RCW 43.17.050.
Public disclosure: RCW 42.17.310.
Regulatory fairness act: Chapter 19.85 RCW.
Rules and regulations: RCW 43.17.060.
Steam generating facility, powers of director: RCW 43.21A.612.
43.31.055
ment.
Business expansion and trade develop-
Reviser’s note: RCW 43.31.055 was amended by 1993 c 512 § 4
without reference to its repeal by 1993 c 280 § 82, effective July 1, 1994.
It has been decodified, effective July 1, 1994, for publication purposes
pursuant to RCW 1.12.025.
43.31.057 Washington products—Expansion of
market—Pamphlet. The department of community, trade,
and economic development is directed to develop and
promote means to stimulate the expansion of the market for
Washington products and shall have the following powers
and duties:
(1) To develop a pamphlet for statewide circulation
which will encourage the purchase of items produced in the
state of Washington;
(2) To include in the pamphlet a listing of products of
Washington companies which individuals can examine when
making purchases so they may have the opportunity to select
one of those products in support of this program;
(3) To distribute the pamphlets on the broadest possible
basis through local offices of state agencies, business
organizations, chambers of commerce, or any other means
the department deems appropriate;
(4) In carrying out these powers and duties the department shall cooperate and coordinate with other agencies of
government and the private sector. [1993 c 280 § 39; 1986
c 183 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Legislative declaration—1986 c 183: "The legislature declares that:
(1) The development and sale of Washington business products is a
vital element in expanding the state economy.
(2) The marketing of items produced in Washington state contributes
substantial benefits to the economic base of the state, provides a large
number of jobs and sizeable tax revenues to state and local governments,
and provides an important stimulation to the economic strength of
Washington companies.
(3) State government should play a significant role in the development
and expansion of markets for Washington products." [1986 c 183 § 1.]
Severability—1986 c 183: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 183 § 5.]
43.31.086 *Business assistance center—Additional
duties. To assist state agencies in reducing regulatory costs
to small business and to promote greater public participation
in the rule-making process, the *business assistance center
shall:
(1) Develop agency guidelines for the preparation of a
small business economic impact statement and compliance
with chapter 19.85 RCW;
(2) Review and provide comments to agencies on draft
or final small business economic impact statements;
(3) Advise the joint administrative rules review committee on whether an agency reasonably assessed the costs of a
[Title 43 RCW—page 195]
43.31.086
Title 43 RCW: State Government—Executive
proposed rule and reduced the costs for small business as
required by chapter 19.85 RCW; and
(4) Organize and chair a state rules coordinating
committee, consisting of agency rules coordinators and
interested members of the public, to develop an education
and training program that includes, among other components,
a component that addresses voluntary compliance, for agency
personnel responsible for rule development and implementation. The *business assistance center shall submit recommendations to the department of personnel for an administrative procedures training program that is based on the sharing
of interagency resources. [1994 c 249 § 15.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
43.31.088 *Business assistance center—ISO-9000
quality standards. (1) The department, through its *business assistance center, shall assist companies seeking to
adopt ISO-9000 quality standards. The department shall:
(a) Prepare and disseminate information regarding ISO9000;
(b) Assemble and maintain information on public and
private sector individuals, organizations, educational institutions, and advanced technology centers that can provide
technical assistance to firms that wish to become ISO-registered;
(c) Assemble and maintain information on Washington
firms which have received ISO registration;
(d) Undertake other activities it deems necessary to
execute this section;
(e) Survey appropriate sectors to determine the level of
interest in receiving ISO-9000 certification and coordinate
with the program;
(f) Establish a mechanism for businesses to make selfassessments of relative need to become ISO-9000 certified;
(g) Assist and support nonprofit organizations, and other
organizations, currently providing education, screening, and
certification training; and
(h) Coordinate the Washington program with other
similar state, regional, and federal programs.
(2) For the purposes of this section, "ISO-9000" means
the series of standards published in 1987, and subsequent
revisions, by the international organization for standardization for quality assurance in design, development, production, final inspection and testing, and installation and
servicing of products, processes, and services.
(3) For the purposes of this section, registration to the
American national standards institute/American society for
quality control Q90 series shall be considered ISO-9000
registration. [1994 c 140 § 2.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Findings—Intent—1994 c 140: "The legislature finds that since the
publication by the international organization for standardization of its ISO9000 series of quality systems standards, more than twenty thousand
facilities in the United Kingdom and several thousand in Europe have
become registered in the standards. By comparison, currently only about
[Title 43 RCW—page 196]
four hundred United States companies have adopted the standards. The
international organization for standardization is a Geneva-based organization
founded in 1947 to promote standardization with a view to facilitating trade.
The legislature further finds that the growing world-wide acceptance
by over sixty nations of the ISO-9000 series of quality systems standards,
including adoption by the twelve nations of the European Community,
means that more Washington companies will need to look at the adoption
of ISO-9000 to remain competitive in global markets. Adoption of ISO9000, as well as other quality systems, may also help Washington companies improve quality. However, many small businesses know little about
the standards or how registration is achieved.
It is the intent of the legislature that the department of community,
trade, and economic development encourage and assist state businesses to
adopt ISO-9000 and other quality systems as part of the state’s strategy for
global industrial competitiveness." [1994 c 140 § 1.]
Effective date—1994 c 140: "This act shall take effect July 1, 1994."
[1994 c 140 § 4.]
43.31.0925 *Business assistance center—Minority
and women business development office. There is established within the department’s *business assistance center the
minority and women business development office. This
office shall provide business-related assistance to minorities
and women as well as serve as an outreach program to
increase minority and women-owned businesses’ awareness
and use of existing business assistance services. [1993 c 512
§ 7.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.31.093 Minority and women-owned small
businesses—Entrepreneurial training courses. The
department of community, trade, and economic development
shall contract with public and private agencies, institutions,
and organizations to conduct entrepreneurial training courses
for minority and women-owned small businesses. The
instruction shall be intensive, practical training courses in financing, marketing, managing, accounting, and
recordkeeping for a small business, with an emphasis on
federal, state, local, or private programs available to assist
small businesses. The *business assistance center may
recommend professional instructors, with practical knowledge and experience on how to start and operate a business,
to teach the courses. Instruction shall be offered in major
population centers throughout the state at times and locations
which are convenient for minority and women small business
owners and entrepreneurs. [1995 c 399 § 71; 1993 c 512 §
6.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.31.125 Advisory groups. The director may
establish such advisory groups as in the director’s discretion
are necessary to carry out the purposes of this chapter.
Members of and vacancies in such advisory groups shall be
filled by appointment by the director. Members shall receive
reimbursement for travel expenses incurred in the perfor(2002 Ed.)
Department of Community, Trade, and Economic Development
mance of their duties in accordance with RCW 43.03.050
and 43.03.060. [1985 c 466 § 16.]
Effective date—1985 c 466: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 466 § 96.]
Severability—1985 c 466: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 466 § 95.]
Headings—1985 c 466: "As used in this act, section headings
constitute no part of the law." [1985 c 466 § 77.]
Transfer of assets—1985 c 466: "All reports, documents, surveys,
books, records, files, papers, or written material in the possession of the
department of commerce and economic development shall be delivered to
the custody of the department of trade and economic development. All
cabinets, furniture, office equipment, motor vehicles, and other tangible
property employed by the department of commerce and economic development shall be made available to the department of trade and economic
development. All funds, credits, or other assets held by the department of
commerce and economic development shall be assigned to the department
of trade and economic development.
Any appropriations made to the department of commerce and
economic development shall, June 30, 1985, be transferred and credited to
the department of trade and economic development.
Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same
to the state agencies concerned." [1985 c 466 § 19.]
Transfer of employees—1985 c 466: "All classified employees of
the department of commerce and economic development are transferred to
the jurisdiction of the department of trade and economic development. All
employees classified under chapter 41.06 RCW, the state civil service law,
are assigned to the department of trade and economic development to
perform their usual duties upon the same terms as formerly, without any
loss of rights, subject to any action that may be appropriate thereafter in
accordance with the laws and rules governing state civil service." [1985 c
466 § 20.]
Continuation of rules and business and existing contracts and
obligations—1985 c 466: "All rules and all pending business before the
department of commerce and economic development shall be continued and
acted upon by the department of trade and economic development. All
existing contracts and obligations shall remain in full force and shall be
performed by the department of trade and economic development." [1985
c 466 § 21.]
Savings—1985 c 466: "The transfer of the powers, duties, functions,
and personnel of the department of commerce and economic development
shall not affect the validity of any act performed prior to June 30, 1985."
[1985 c 466 § 22.]
Apportionment of funds—1985 c 466: "If apportionments of
budgeted funds are required because of the transfers directed by sections 19
through 22, chapter 466, Laws of 1985, the director of financial management shall certify the apportionments to the agencies affected, the state
auditor, and the state treasurer. Each of these shall make the appropriate
transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification." [1985 c 466 § 23.]
43.31.145 Foreign offices—Promotion of overseas
trade and commerce. The department is charged with the
primary role within state government for the establishment
and operation of foreign offices created for the purpose of
promoting overseas trade and commerce. [1991 c 24 § 7;
1985 c 466 § 18.]
Effective date—1991 c 24: See RCW 43.290.900.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
(2002 Ed.)
43.31.125
43.31.205 Hanford reservation—Promotion of
sublease for nuclear-related industry. In an effort to
enhance the economy of the Tri-Cities area, the department
of community, trade, and economic development is directed
to promote the existence of the lease between the state of
Washington and the federal government executed September
10, 1964, covering one thousand acres of land lying within
the Hanford reservation near Richland, Washington, and the
opportunity of subleasing the land to entities for nuclearrelated industry, in agreement with the terms of the lease.
When promoting the existence of the lease, the department
shall work in cooperation with any associate development
organization located in or near the Tri-Cities area. [1993 c
280 § 41; 1992 c 228 § 2; 1990 c 281 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Legislative findings—1992 c 228: "The legislature finds that the
ninety-nine-year lease of one thousand acres of land by the state from the
federal government requires that the state use any rent moneys from
subleasing the land for the development of the leased land and nuclearrelated industries in the Tri-Cities area. The legislature further finds that the
new emphasis on waste cleanup at Hanford and the new technologies
needed for environmental restoration warrant a renewed effort to promote
development of the leased land and nuclear-related industries in the TriCities area." [1992 c 228 § 1.]
Legislative findings—1990 c 281: "The legislature finds that the one
thousand acres of land leased from the federal government to the state of
Washington on the Hanford reservation constitutes an unmatched resource
for development of high-technology industry, nuclear medicine research, and
research into new waste immobilization and reduction techniques. The
legislature further finds that continued diversification of the Tri-Cities
economy will help stabilize and improve the Tri-Cities economy, and that
this effort can be aided by emphasizing the resources of local expertise and
nearby facilities." [1990 c 281 § 1.]
43.31.215 Hanford reservation—Tri-Cities area—
Emphasize work force and facilities. When the department
implements programs intended to attract or maintain industrial or high-technology investments in the state, the department shall, to the extent possible, emphasize the following:
(1) The highly skilled and trained work force in the TriCities area;
(2) The world-class research facilities in the area,
including the fast flux test facility and the Pacific Northwest
laboratories;
(3) The existence of the one thousand acres leased by
the state from the federal government for the purpose of
nuclear-related industries; and
(4) The ability for high-technology and medical industries to safely dispose of low-level radioactive waste at the
Hanford commercial low-level waste disposal facility. [1990
c 281 § 3.]
Legislative findings—1990 c 281: See note following RCW
43.31.205.
43.31.390 Information from environmental profile—
Use in brochures and presentations—Availability to local
economic development groups. The department shall
incorporate information from the environmental profile
developed by the department of ecology in accordance with
RCW 43.21A.510 in preparing promotional brochures and in
its presentations to businesses considering locating in
Washington state. It shall also make the information
available to local economic development groups for use in
[Title 43 RCW—page 197]
43.31.390
Title 43 RCW: State Government—Executive
local economic development efforts. [1985 c 466 § 33; 1984
c 94 § 4.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Findings—1984 c 94: See note following RCW 43.21A.510.
43.31.403 Investment opportunities office—Finding
and purpose. The legislature finds that the growth of small
and young businesses will have a favorable impact on the
Washington economy by creating jobs, increasing competition in the market place, and expanding tax revenues.
Access to financial markets by entrepreneurs is vital to this
process. Without reasonable access to financing, talented
and aggressive entrepreneurs are cut out of the economic
system and the state’s economy suffers. It is the purpose of
RCW 43.31.403 through 43.31.414 to guarantee that entrepreneurs and investors have an institutionalized means of
meeting their respective needs for access to capital resources
and information about promising business investments in
Washington state. [1989 c 312 § 1.]
Severability—1989 c 312: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 312 § 10.]
43.31.406 Investment opportunities office—
Definitions. As used in RCW 43.31.403 through 43.31.414,
the term:
(1) "Entrepreneur" means an individual, proprietorship,
joint venture, partnership, trust, business trust, syndicate,
association, joint stock company, cooperative, corporation, or
any other organization operating in this state, engaged in
manufacturing, wholesaling, transportation services, traded
services, or the development of destination tourism resorts,
with fewer than two hundred fifty employees and paying
more than fifty percent of its contributions or payments for
the purposes of unemployment insurance to this state.
(2) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by
hand or machinery, to materials so that as a result thereof a
new, different, or useful substance or article of tangible
personal property is produced for sale or commercial or
industrial use and shall include the production or fabrication
of specially made or custom made articles. "Manufacturing"
also includes computer programming, the production of
computer software, and other computer-related services, and
the activities performed by research and development
laboratories and commercial testing laboratories.
(3) "Traded services" means those commercial and
professional services that are developed for sale outside the
state.
(4) "Wholesaling" means activities related to the sale or
storage of commodities in large quantities.
(5) "Transportation services" means those services
which involve the transport of passengers or goods.
(6) "Destination tourism resort" means a tourism and
recreation complex that is developed primarily as a location
for recreation and tourism activities that will be used
primarily by nonresidents of the immediate area. [1989 c
312 § 2.]
Severability—1989 c 312: See note following RCW 43.31.403.
[Title 43 RCW—page 198]
43.31.409 Investment opportunities office—Created.
There is created in the *business assistance center of the
department of community, trade, and economic development
the Washington investment opportunities office. [1993 c 280
§ 42; 1989 c 312 § 3.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.411 Investment opportunities office—Duties.
The Washington investment opportunities office shall:
(1) Maintain a list of all entrepreneurs engaged in
manufacturing, wholesaling, transportation services, development of destination tourism resorts, or traded services
throughout the state seeking capital resources and interested
in the services of the investment opportunities office.
(2) Maintain a file on each entrepreneur which may
include the entrepreneur’s business plan and any other
information which the entrepreneur offers for review by
potential investors.
(3) Assist entrepreneurs in procuring the managerial and
technical assistance necessary to attract potential investors.
Such assistance shall include the automatic referral to the
small business innovators opportunity program of any
entrepreneur with a new product meriting the services of the
program.
(4) Provide entrepreneurs with information about
potential investors and provide investors with information
about those entrepreneurs which meet the investment criteria
of the investor.
(5) Promote small business securities financing.
(6) Remain informed about investment trends in capital
markets and preferences of individual investors or investment
firms throughout the nation through literature surveys,
conferences, and private meetings.
(7) Publicize the services of the investment opportunities
office through public meetings throughout the state, appropriately targeted media, and private meetings. Whenever
practical, the office shall use the existing services of local
associate development organizations in outreach and identification of entrepreneurs and investors. [1998 c 245 § 61;
1993 c 280 § 43; 1989 c 312 § 4.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.414 Investment opportunities office—Service
fees. The *business assistance center may charge reasonable
fees or other appropriate charges to participants using the
services of the investment opportunities office for the
purpose of defraying all or part of the costs of the *business
assistance center in administering this program. [1989 c 312
§ 5.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Severability—1989 c 312: See note following RCW 43.31.403.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.31.417 Investment opportunities office—
Contracting authority. The director of the *business
assistance center may enter into contracts with nongovernmental agencies to provide any of the services under RCW
43.31.411. [1989 c 312 § 6.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.422 Hanford area economic investment fund.
The Hanford area economic investment fund is established
in the custody of the state treasurer. Moneys in the fund
shall only be used for reasonable assistant attorney general
costs in support of the committee or pursuant to the recommendations of the committee created in RCW 43.31.425 and
the approval of the director of community, trade, and
economic development for Hanford area revolving loan
funds, Hanford area infrastructure projects, or other Hanford
area economic development and diversification projects, but
may not be used for government or nonprofit organization
operating expenses. Up to five percent of moneys in the
fund may be used for program administration. For the
purpose of this chapter "Hanford area" means Benton and
Franklin counties. Disbursements from the fund shall be on
the authorization of the director of community, trade, and
economic development or the director’s designee after an
affirmative vote of at least six members of the committee
created in RCW 43.31.425 on any recommendations by the
committee created in RCW 43.31.425. The fund is subject
to the allotment procedures under chapter 43.88 RCW, but
no appropriation is required for disbursements. The legislature intends to establish similar economic investment funds
for areas that develop low-level radioactive waste disposal
facilities. [1998 c 76 § 1; 1993 c 280 § 44; 1991 c 272 §
19.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Effective dates—1991 c 272: See RCW 81.108.901.
Surcharge on waste generators: RCW 43.200.230, 43.200.233, and
43.200.235.
43.31.425 Hanford area economic investment fund
committee. The Hanford area economic investment fund
committee is hereby established.
(1) The committee shall have eleven members. The
governor shall appoint the members, in consultation with
Hanford area elected officials, subject to the following
requirements:
(a) All members shall either reside or be employed
within the Hanford area.
(b) The committee shall have a balanced membership
representing one member each from the elected leadership of
Benton county, Franklin county, the city of Richland, the
city of Kennewick, the city of Pasco, a Hanford area port
district, the labor community, and four members from the
Hanford area business and financial community.
(c) Careful consideration shall be given to assure
minority representation on the committee.
(2) Each member appointed by the governor shall serve
a term of three years, except that of the members first
(2002 Ed.)
43.31.417
appointed, four shall serve two-year terms and four shall
serve one-year terms. A person appointed to fill a vacancy
of a member shall be appointed in a like manner and shall
serve for only the unexpired term. A member is eligible for
reappointment. A member may be removed by the governor
for cause.
(3) The governor shall designate a member of the
committee as its chairperson. The committee may elect such
other officers as it deems appropriate. Six members of the
committee constitute a quorum and six affirmative votes are
necessary for the transaction of business or the exercise of
any power or function of the committee.
(4) The members shall serve without compensation, but
are entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties in
accordance with RCW 43.03.050 and 43.03.060.
(5) Members shall not be liable to the state, to the fund,
or to any other person as a result of their activities, whether
ministerial or discretionary, as members except for willful
dishonesty or intentional violations of law. The department
may purchase liability insurance for members and may indemnify these persons against the claims of others. [1998 c
76 § 2; 1991 c 272 § 20.]
Effective dates—1991 c 272: See RCW 81.108.901.
43.31.428 Hanford area economic investment fund
committee—Powers. The Hanford area economic investment fund committee created under RCW 43.31.425 may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Utilize the services of other governmental agencies;
(3) Accept from any federal or state agency loans or
grants for the purposes of funding Hanford area revolving
loan funds, Hanford area infrastructure projects, or Hanford
area economic development projects;
(4) Recommend to the director rules for the administration of the program, including the terms and rates pertaining
to its loans, and criteria for awarding grants, loans, and
financial guarantees;
(5) Recommend to the director a spending strategy for
the moneys in the fund created in RCW 43.31.422. The
strategy shall include five and ten year goals for economic
development and diversification for use of the moneys in the
Hanford area;
(6) Recommend to the director no more than two
allocations eligible for funding per calendar year, with a first
priority on Hanford area revolving loan allocations, and
Hanford area infrastructure allocations followed by other
Hanford area economic development and diversification
projects if the committee finds that there are no suitable
allocations in the priority allocations described in this
section;
(7) Establish and administer a revolving fund consistent
with this section and RCW 43.31.422 and 43.31.425; and
(8) Make grants from the Hanford area economic
investment fund consistent with this section and RCW
43.31.422 and 43.31.425. [1998 c 76 § 3; 1991 c 272 § 21.]
Effective dates—1991 c 272: See RCW 81.108.901.
[Title 43 RCW—page 199]
43.31.502
Title 43 RCW: State Government—Executive
43.31.502 Child care facility revolving fund—
Purpose—Source of funds. (1) A child care facility
revolving fund is created. Money in the fund shall be used
solely for the purpose of starting or improving a child care
facility pursuant to RCW *43.31.085 and 43.31.502 through
43.31.514. Only moneys from private or federal sources
may be deposited into this fund.
(2) Funds provided under this section shall not be
subject to reappropriation. The child care facility fund
committee may use loan and grant repayments and income
for the revolving fund program. [1991 c 248 § 1; 1989 c
430 § 3.]
*Reviser’s note: RCW 43.31.085 was repealed by 1993 c 280 § 81,
effective June 30, 1996.
Legislative findings—1989 c 430: "The legislature finds that
increasing the availability and affordability of quality child care will
enhance the stability of the family and facilitate expanded economic
prosperity in the state. The legislature finds that balancing work and family
life is a critical concern for employers and employees. The dramatic
increase in participation of women in the work force has resulted in a
demand for affordable child care exceeding the supply. The future of the
state’s work force depends in part upon the availability of quality affordable
child care. There are not enough child care services and facilities to meet
the needs of working parents, the costs of care are often beyond the
resources of working parents, and facilities are not located conveniently to
work places and neighborhoods. The prospect for labor shortages resulting
from the aging of the population and the importance of the quality of the
work force to the competitiveness of Washington businesses make the
availability of quality child care an important concern for the state’s
businesses.
The legislature further finds that a partnership between business and
child care providers can help the market for child care adjust to the needs
of businesses and working families and improve productivity, reduce
absenteeism, improve recruitment, and improve morale among Washington’s
labor force. The legislature further finds that private and public partnerships
and investments are necessary to increase the supply, affordability, and
quality of child care in the state." [1989 c 430 § 1.]
Severability—1989 c 430: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 430 § 12.]
43.31.504 Child care facility fund committee—
Generally. The child care facility fund committee is
established within the *business assistance center of the
department of community, trade, and economic development.
The committee shall administer the child care facility fund,
with review by the director of community, trade, and
economic development.
(1) The committee shall have five members. The
director of community, trade, and economic development
shall appoint the members, who shall include:
(a) Two persons experienced in investment finance and
having skills in providing capital to new businesses, in
starting and operating businesses, and providing professional
services to small or expanding businesses;
(b) One person representing a philanthropic organization
with experience in evaluating funding requests;
(c) One child care services expert; and
(d) One early childhood development expert.
In making these appointments, the director shall give
careful consideration to ensure that the various geographic
regions of the state are represented and that members will be
available for meetings and are committed to working
cooperatively to address child care needs in Washington
state.
[Title 43 RCW—page 200]
(2) The committee shall elect officers from among its
membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and
other matters necessary to the ongoing functioning of the
committee.
(3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(4) Committee members shall not be liable to the state,
to the child care facility fund, or to any other person as a
result of their activities, whether ministerial or discretionary,
as members except for willful dishonesty or intentional
violation of the law. The department of community, trade,
and economic development may purchase liability insurance
for members and may indemnify these persons against the
claims of others. [1993 c 280 § 45; 1989 c 430 § 4.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.506 Child care facility fund committee—
Authority to award moneys from fund. The child care
facility fund committee is authorized to solicit applications
for and award grants and loans from the child care facility
fund to assist persons, businesses, or organizations to start a
licensed child care facility, or to make capital improvements
in an existing licensed child care facility. Grants and loans
shall be awarded on a one-time only basis, and shall not be
awarded to cover operating expenses beyond the first three
months of business. No grant shall exceed twenty-five
thousand dollars. No loan shall exceed one hundred thousand dollars. [1991 c 248 § 2; 1989 c 430 § 5.]
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.508 Child care facility fund committee—
Loans to child care facilities. The child care facility fund
committee is authorized, upon application, to use the child
care facility fund to guarantee loans made to persons, businesses, or organizations to start a licensed child care facility,
or to make capital improvements in an existing licensed
child care facility.
(1) Loan guarantees shall be awarded on a one-time
only basis, and shall not be awarded for loans to cover
operating expenses beyond the first three months of business.
(2) The total aggregate amount of the loan guarantee
awarded to any applicant may not exceed twenty-five
thousand dollars and may not exceed eighty percent of the
loan.
(3) The total aggregate amount of guarantee from the
child care facility fund, with respect to the guaranteed
portions of loans, may not exceed at any time an amount
equal to five times the balance in the child care facility fund.
[1989 c 430 § 6.]
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.31.512 Child care facility fund committee—
Loans or grants to individuals, businesses, or organizations. The child care facility fund committee shall award
loan guarantees, loans or grants to those persons, businesses,
or organizations meeting the minimum standards set forth in
this chapter who will best serve the intent of the chapter to
increase the availability of high quality, affordable child care
in Washington state. The committee shall promulgate rules
regarding the application for and disbursement of loan
guarantees, loans, or grants from the fund, including loan
terms and repayment procedures. At a minimum, such rules
shall require an applicant to submit a plan which includes a
detailed description of:
(1) The need for a new or improved child care facility
in the area served by the applicant;
(2) The steps the applicant will take to serve a reasonable number of handicapped children as defined in *chapter
72.40 RCW, sick children, infants, children requiring night
time or weekend care, or children whose costs of care are
subsidized by government;
(3) Why financial assistance from the state is needed to
start or improve the child care facility;
(4) How the guaranteed loan, loan, or grant will be
used, and how such uses will meet the described need;
(5) The child care services to be available at the facility
and the capacity of the applicant to provide those services;
and
(6) The financial status of the applicant, including other
resources available to the applicant which will ensure the
continued viability of the facility and the availability of its
described services.
Recipients shall annually for two years following the
receipt of the loan guarantee, loan, or grant, submit to the
child care facility fund committee a report on the facility and
how it is meeting the child care needs for which it was
intended. [1989 c 430 § 7.]
*Reviser’s note: Chapter 72.40 RCW does not contain a definition
of "handicapped children."
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.514 Child care facility fund committee—
Grants, repayment requirements. Where the child care
facility fund committee makes a grant to a person, organization, or business, the grant shall be repaid to the child care
facility fund if the child care facility using the grant to start
or expand ceases to provide child care earlier than the
following time periods from the date the grant is made: (1)
Twelve months for a grant up to five thousand dollars; (2)
twenty-four months for a grant over five thousand dollars up
to ten thousand dollars; (3) thirty-six months for a grant over
ten thousand dollars up to fifteen thousand dollars; (4) fortyeight months for a grant over fifteen thousand dollars up to
twenty thousand dollars; and (5) sixty months for a grant
over twenty thousand dollars up to twenty-five thousand
dollars. [1989 c 430 § 8.]
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.522 Marketplace program—Definitions.
Unless the context clearly requires otherwise, the definitions
(2002 Ed.)
43.31.512
in this section apply throughout RCW 43.31.524 and 43.31.526:
(1) "Department" means the department of community,
trade, and economic development.
(2) "Center" means the business assistance center
established under *RCW 43.31.083.
(3) "Director" means the director of community, trade,
and economic development.
(4) "Local nonprofit organization" means a local
nonprofit organization organized to provide economic
development or community development services, including
but not limited to associate development organizations,
economic development councils, and community development corporations. [1993 c 280 § 46; 1990 c 57 § 2; 1989
c 417 § 2.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Finding—1990 c 57; 1989 c 417: "The legislature finds and declares
that substantial benefits in increased employment and business activity can
be obtained by assisting businesses in identifying opportunities to purchase
the goods and services they need from Washington state suppliers rather
than from out-of-state suppliers and in identifying new markets for
Washington state firms to provide goods and services. The replacement of
out-of-state imports with services and manufactured goods produced in-state
can be an important source of economic growth in a local community
especially in rural areas. Businesses in the state are often unaware that
goods and services they purchase from out-of-state suppliers are available
from in-state firms with substantial advantages in responsiveness, service,
and price. Increasing the economic partnerships between businesses in
Washington state can build bridges between urban and rural communities
and can result in the identification of additional opportunities for successful
economic development initiatives. Providing additional information to
businesses regarding in-state sources of goods and services can be a
particularly valuable component of revitalization strategies in economically
distressed areas. The legislature finds and declares that it is the policy of
the state to strengthen the economies of local communities by increasing the
economic partnerships between in-state businesses and creating programs to
assist businesses in identifying in-state sources of goods and services, and
in addition to identify new markets for Washington firms to provide goods
and services." [1990 c 57 § 1; 1989 c 417 § 1.]
Severability—1989 c 417: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 417 § 15.]
43.31.524 Marketplace program—Generally. There
is established a Washington marketplace program within the
business assistance center established under *RCW
43.31.083. The program shall assist businesses to competitively meet their needs for goods and services within
Washington state by providing information relating to the
replacement of imports or the fulfillment of new requirements with Washington products produced in Washington
state. The program shall place special emphasis on strengthening rural economies in economically distressed areas of the
state meeting the criteria of an "eligible area" as defined in
RCW 82.60.020(3). [1993 c 280 § 47; 1990 c 57 § 3; 1989
c 417 § 3.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
[Title 43 RCW—page 201]
43.31.524
Title 43 RCW: State Government—Executive
Finding—1990 c 57; 1989 c 417: See note following RCW
43.31.522.
Severability—1989 c 417: See note following RCW 43.31.522.
43.31.526 Marketplace program—Contracts to
foster linkages—Department duties. (1) The department
shall contract with governments, industry associations, or
local nonprofit organizations to foster cooperation and
linkages between distressed and nondistressed areas and
between urban and rural areas, and between Washington and
other Northwest states. The department may enter into joint
contracts with multiple nonprofit organizations. Contracts
with economic development organizations to foster cooperation and linkages between distressed and nondistressed areas
and urban and rural areas shall be structured by the department and the distressed area marketplace programs. Contracts with economic development organizations shall:
(a) Award contracts based on a competitive bidding
process, pursuant to chapter 43.19 RCW; and
(b) Ensure that each location contain sufficient business
activity to permit effective program operation.
The department may require that contractors contribute
at least twenty percent local funding.
(2) The contracts with governments, industry associations, or local nonprofit organizations shall be for, but not
limited to, the performance of the following services for the
Washington marketplace program:
(a) Contacting Washington state businesses to identify
goods and services they are currently buying or are planning
in the future to buy out-of-state and determine which of
these goods and services could be purchased on competitive
terms within the state;
(b) Identifying locally sold goods and services which are
currently provided by out-of-state businesses;
(c) Determining, in consultation with local business,
goods and services for which the business is willing to make
contract agreements;
(d) Advertising market opportunities described in (c) of
this subsection;
(e) Receiving bid responses from potential suppliers and
sending them to that business for final selection; and
(f) Establish linkages with federal, regional, and
Northwest governments, industry associations, and nonprofit
organizations to foster buying leads and information benefiting Washington suppliers and industry and trade associations.
(3) Contracts may include provisions for charging
service fees of businesses that participate in the program.
(4) The center shall also perform the following activities
in order to promote the goals of the program:
(a) Prepare promotional materials or conduct seminars
to inform communities and organizations about the Washington marketplace program;
(b) Provide technical assistance to communities and
organizations interested in developing an import replacement
program;
(c) Develop standardized procedures for operating the
local component of the Washington marketplace program;
and
(d) Provide continuing management and technical
assistance to local contractors. [1998 c 245 § 62; 1994 c 47
§ 2; 1993 c 280 § 48; 1990 c 57 § 4; 1989 c 417 § 4.]
[Title 43 RCW—page 202]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Finding—1990 c 57; 1989 c 417: See note following RCW
43.31.522.
Severability—1989 c 417: See note following RCW 43.31.522.
43.31.545 Recycled materials and products—
Market development. The department is the lead state
agency to assist in establishing and improving markets for
recyclable materials generated in the state. [1991 c 319 §
210; 1989 c 431 § 64.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
Clean Washington center: Chapter 70.95H RCW.
43.31.800 State international trade fairs—
"Director" defined. "Director" as used in RCW *43.31.790
through 43.31.850 and **67.16.100 means the director of
community, trade, and economic development. [1993 c 280
§ 52; 1987 c 195 § 4; 1965 c 148 § 2.]
Reviser’s note: *(1) RCW 43.31.790 was repealed by 1993 c 280 §
82, effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing the
reference to "director."
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
43.31.805 State trade fair fund. The state trade fair
fund is created in the custody of the state treasury. All
moneys received by the department of community, trade, and
economic development for the purposes of this fund shall be
deposited into the fund. Expenditures from the fund may be
used only for the purpose of assisting state trade fairs. Only
the director of community, trade, and economic development
or the director’s designee may authorize expenditures from
the fund. The fund is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for
expenditures. [1998 c 345 § 3.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
43.31.810 State international trade fairs—State aid
eligibility requirements. For the purposes of *RCW
43.31.790 through 43.31.850 and **67.16.100, as now or
hereafter amended, state international trade fair organizations, to be eligible for state financial aid hereunder (1) must
have had at least two or more years of experience in the
presentation of or participation in state international trade
fairs, whether held in this state, another state or territory of
the United States or a foreign country, however these need
not be consecutive years; (2) must be able to provide, from
its own resources derived from general admission or otherwise, funds sufficient to match at least one-half the amount
of state financial aid allotted. [1987 c 195 § 5; 1975 1st
ex.s. c 292 § 3; 1965 c 148 § 3.]
Reviser’s note: *(1) RCW 43.31.790 was repealed by 1993 c 280 §
82, effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing
references to state trade fairs.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.31.820 State international trade fairs—
Application for funds. The board of trustees of any state
international trade fair sponsored by any public agency,
qualifying under the provisions of *RCW 43.31.790 through
43.31.850 and **67.16.100, as now or hereafter amended,
may apply to the director for moneys to carry on the
continued development as well as the operation of said fair,
said money to be appropriated from the state trade fair fund
as provided for in ***RCW 67.16.100, as now or hereafter
amended. [1987 c 195 § 6; 1975 1st ex.s. c 292 § 4; 1965
c 148 § 4.]
Reviser’s note: *(1) RCW 43.31.790 was repealed by 1993 c 280 §
82, effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing
references to state trade fairs.
***(3) RCW 67.16.100 was amended by 1998 c 345 § 5, removing
references to the state trade fair fund, which is now regulated under RCW
43.31.805.
43.31.830 State international trade fairs—
Certification of fairs—Allotments—Division and payment
from state trade fair fund. (1) It shall be the duty of the
director of community, trade, and economic development to
certify, from the applications received, the state international
trade fair or fairs qualified and entitled to receive funds
under *RCW 67.16.100, and under rules established by the
director.
(2) The director shall make annual allotments to state
international trade fairs determined qualified to be entitled to
participate in the state trade fair fund and shall fix times for
the division of and payment from the state trade fair fund:
PROVIDED, That total payment to any one state international trade fair shall not exceed sixty thousand dollars in
any one year, where participation or presentation occurs
within the United States, and eighty thousand dollars in any
one year, where participation or presentation occurs outside
the United States: PROVIDED FURTHER, That a state
international trade fair may qualify for the full allotment of
funds under either category. Upon certification of the
allotment and division of fair funds by the director the
treasurer shall proceed to pay the same to carry out the
purposes of RCW 67.16.100. [1993 c 280 § 53; 1987 c 195
§ 7; 1975 1st ex.s. c 292 § 5; 1965 c 148 § 5.]
*Reviser’s note: RCW 67.16.100 was amended by 1998 c 345 § 5,
removing references to state trade fairs.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
43.31.832 State trade fairs—Transfer of surplus
funds in state trade fair fund to general fund—
Expenditure. Funds determined to be surplus funds by the
director may be transferred from the state trade fair fund to
the general fund upon the recommendation of the director
and the state treasurer: PROVIDED, That the director may
also elect to expend up to one million dollars of such surplus
on foreign trade related activities, including, but not limited
to, promotion of investment, tourism, and foreign trade.
[1985 c 466 § 34; 1981 2nd ex.s. c 2 § 1; 1975 1st ex.s. c
292 § 8; 1972 ex.s. c 93 § 2.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
State trade fair fund: RCW 43.31.805.
(2002 Ed.)
43.31.820
43.31.833 State trade fairs—Transfer of surplus
funds in state trade fair fund to general fund—
Construction. RCW 43.31.832 through 43.31.834 shall not
be construed to interfere with the state financial aid made
available under the provisions of *RCW 43.31.790 through
43.31.850 regardless of whether such aid was made available
before or after May 23, 1972. [1987 c 195 § 8; 1985 c 466
§ 35; 1972 ex.s. c 93 § 3.]
*Reviser’s note: RCW 43.31.790 was repealed by 1993 c 280 § 82,
effective July 1, 1994.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.31.834 State trade fairs—Transfer of surplus
funds in state trade fair fund to general fund—
Construction. RCW 43.31.832 through 43.31.834 shall be
construed to supersede any provision of existing law to the
contrary. [1985 c 466 § 36; 1972 ex.s. c 93 § 4.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.31.840 State international trade fairs—Post audit
of participating fairs—Reports. The director of community, trade, and economic development shall at the end of each
year for which an annual allotment has been made, conduct
a post audit of all of the books and records of each state
international trade fair participating in the state trade fair
fund. The purpose of such post audit shall be to determine
how and to what extent each participating state international
trade fair has expended all of its funds.
The audit required by this section shall be a condition
to future allotments of money from the state international
trade fair fund, and the director shall make a report of the
findings of each post audit and shall use such report as a
consideration in an application for any future allocations.
[1993 c 280 § 54; 1975 1st ex.s. c 292 § 6; 1965 c 148 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
43.31.850 State international trade fairs—State
international trade fair defined. State international trade
fair as used in *RCW 43.31.790 through 43.31.840 and
**67.16.100, as now or hereafter amended, shall mean a fair
supported by public agencies basically for the purpose of
introducing and promoting the sale of manufactured or
cultural products and services of a given area, whether
presented in this state, the United States or its territories, or
in a foreign country. [1987 c 195 § 9; 1975 1st ex.s. c 292
§ 7; 1965 c 148 § 8.]
Reviser’s note: *(1) RCW 43.31.790 was repealed by 1993 c 280 §
82, effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing
references to state trade fairs.
43.31.859 Rural development council—Successor
organization—Funding. Notwithstanding anything to the
contrary in chapter 41.06 RCW or any other provision of
law, the department may contract to provide funding to a
successor organization under *RCW 43.31.856 to carry out
activities of the organization that are consistent with the
department’s powers and duties. All moneys for contracts
[Title 43 RCW—page 203]
43.31.859
Title 43 RCW: State Government—Executive
entered into under this section are subject to appropriation.
[1999 c 299 § 4.]
*Reviser’s note: RCW 43.31.856 was repealed by 1999 c 299 § 6,
effective June 30, 2002.
43.31.942 Bond anticipation notes—Pacific Northwest festival facility construction account created—
Deposit of proceeds from bonds and notes.
Reviser’s note: RCW 43.31.942 was amended by 1985 c 57 § 30
without reference to its repeal by 1985 c 466 § 76, effective June 30, 1985.
It has been decodified for publication purposes pursuant to RCW 1.12.025.
43.31.956 General obligation bonds—Authorized—
Issuance, sale, terms, conditions, etc.—Appropriation
required—Pledge and promise—Seal. For the purpose of
providing matching funds for the planning, design, construction, renovation, furnishing, and landscaping of a regionally
based performing arts facility, to be known as "the Washington center for the performing arts" facility located in
Thurston county within the area of the city of Olympia, and
for the purpose of providing matching funds for the restoration and renovation of "the Pantages theatre" facility located
in Pierce county within the area of the city of Tacoma, the
state finance committee is directed and authorized to issue
general obligation bonds of the state of Washington in the
sum of three million dollars, or so much thereof as may be
required to finance that portion of the grant by the state for
the projects as provided by law: PROVIDED, That one
million five hundred thousand dollars shall be allocated for
the Washington center for the performing arts, to be built or
renovated on real estate provided by the city of Olympia as
a performing arts recreational facility for the people of the
state of Washington: AND PROVIDED FURTHER, That
one million five hundred thousand dollars shall be allocated
for the renovation and restoration of the "Pantages theatre"
as a performing arts recreational facility for the people of the
state of Washington.
No bonds may be issued for the Washington center for
the performing arts unless matching funds are provided or
secured from the federal government, private sources, or any
other sources available including funds available pursuant to
chapter 67.28 RCW in the amount of one million five
hundred thousand dollars for the Washington center for the
performing arts and the city of Olympia provides real estate
for the site of the facility.
No bonds may be issued for the Pantages theatre unless
matching funds are provided or secured from the federal
government, private sources, or any other sources available
including funds available pursuant to chapter 67.28 RCW in
the amount of one million five hundred thousand dollars for
the Pantages theatre.
No bonds authorized by this section shall be offered for
sale without prior legislative appropriation, and these bonds
shall be paid and discharged within thirty years of the date
of issuance in accordance with Article VIII, section 1 of the
state Constitution.
The state finance committee is authorized to prescribe
the form of the bonds, the time of sale of all or any portion
or portions of the bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
[Title 43 RCW—page 204]
pay the principal and interest when due. The committee
may provide that the bonds, or any of them may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1981 c 244 § 1; 1979 ex.s. c 260 § 1.]
Severability—1979 ex.s. c 260: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 260 § 7.]
43.31.960 Administration of proceeds. The principal
proceeds from the sale of the bonds authorized in RCW
43.31.956 shall be administered by the director of community, trade, and economic development. [1995 c 399 § 72;
1987 c 195 § 10; 1979 ex.s. c 260 § 3.]
Severability—1979 ex.s. c 260: See note following RCW 43.31.956.
43.31.962 Retirement of bonds from cultural
facilities bond redemption fund of 1979—Retirement of
bonds from state general obligation bond retirement
fund—Remedies of bondholders. The cultural facilities
bond redemption fund of 1979, hereby created in the state
treasury, shall be used for the purpose of the payment of
interest on and retirement of the bonds and notes authorized
to be issued by RCW 43.31.956 and *43.31.958. The state
finance committee, on or before June 30th of each year, shall
certify to the state treasurer the amount needed in the
ensuing twelve months to meet bond retirement and interest
requirements. Not less than thirty days prior to the date on
which any such interest or principal and interest payment is
due, the state treasurer shall withdraw from any general state
revenues received in the state treasury an amount equal to
the amount certified by the state finance committee to be due
on such payment date and deposit the same in the cultural
facilities bond redemption fund of 1979.
If a state general obligation bond retirement fund is
created in the state treasury by chapter 230, Laws of 1979
1st ex. sess. and becomes effective by statute prior to the
issuance of any of the bonds authorized by RCW 43.31.956
through 43.31.964, the state general obligation bond retirement fund shall be used for purposes of RCW 43.31.956
through 43.31.964 in lieu of the cultural facilities bond
redemption fund of 1979, and the cultural facilities bond
redemption fund of 1979 shall cease to exist.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
payment of funds as directed by this section. [1979 ex.s. c
260 § 4.]
*Reviser’s note: RCW 43.31.958 was repealed by 1991 sp.s. c 13 §
122, effective July 1, 1991.
Severability—1979 ex.s. c 260: See note following RCW 43.31.956.
State general obligation bond retirement fund: RCW 43.83.160.
43.31.964 Bonds legal investment for public funds.
The bonds authorized by RCW 43.31.956 shall be a legal
investment for all state funds under state control and all
funds of municipal corporations. [1979 ex.s. c 260 § 5.]
Severability—1979 ex.s. c 260: See note following RCW 43.31.956.
(2002 Ed.)
Economic Assistance Act of 1972
Chapter 43.31A
ECONOMIC ASSISTANCE ACT OF 1972
Sections
43.31A.400 Economic assistance authority abolished—Transfer of duties
to department of revenue.
43.31A.400 Economic assistance authority abolished—Transfer of duties to department of revenue. The
economic assistance authority established by section 2,
chapter 117, Laws of 1972 ex. sess. as amended by section
111, chapter 34, Laws of 1975-’76 2nd ex. sess. is abolished,
effective June 30, 1982. Any remaining duties of the
economic assistance authority are transferred to the department of revenue on that date. The public facilities construction loan and grant revolving account within the state
treasury is continued to service the economic assistance
authority’s loans. [1991 sp.s. c 13 § 27; 1981 c 76 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Review—Report—1981 c 76: "The economic assistance authority
shall be reviewed and analyzed during the interim between the 1981 and
1982 legislative sessions by the ways and means committees of the house
of representatives and senate and a report shall be presented, with any
recommendations, to the forty-seventh legislature which convenes in January
1, 1982." [1981 c 76 § 3.]
Savings—1981 c 76: "This act does not affect any duty owed by a
taxpayer, political subdivision of the state, or Indian tribe under the statutes
repealed under section 6 of this act. The duties owed shall be administered
as if the laws in section 6 of this act were not repealed. New investment
tax deferral certificates under chapter 43.31A RCW shall not be issued on
or after June 30, 1982. The deferral of taxes and the repayment schedules
under tax deferral certificates issued before June 30, 1982, are not affected."
[1981 c 76 § 7.]
Severability—1981 c 76: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 76 § 8.]
Effective dates—1981 c 76: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions. Sections 1 and 2 of this act
shall take effect March 1, 1981. Section 3 of this act shall take effect May
1, 1981. Sections 4, 5, 6, and 7 of this act shall take effect June 30, 1982."
[1981 c 76 § 9.]
Chapter 43.31C
COMMUNITY EMPOWERMENT ZONES
Sections
43.31C.005
43.31C.010
43.31C.020
43.31C.030
43.31C.040
43.31C.050
43.31C.060
43.31C.070
43.31C.900
43.31C.901
43.31C.902
(2002 Ed.)
Findings—Declaration.
Definitions.
Community empowerment zone—Application.
Community empowerment zone—Requirements.
Community empowerment plan—Requirements—
Annual progress report.
Community empowerment zones—Amendment—
Termination.
Administration of chapter—Powers and duties of department.
Administration of community empowerment zone—
Jurisdiction of local government—Community
empowerment zone administrator.
Short title.
Conflict with federal requirements—2000 c 212.
Severability—2000 c 212.
Chapter 43.31A
43.31C.005 Findings—Declaration. (1) The legislature finds that:
(a) There are geographic areas within communities that
are characterized by a lack of employment opportunities, an
average income level that is below the median income level
for the surrounding community, a lack of affordable housing,
deteriorating infrastructure, and a lack of facilities for
community services, job training, and education;
(b) Strategies to encourage reinvestment in these areas
by assisting local businesses to become stronger and area
residents to gain economic power involve a variety of
activities and partnerships;
(c) Reinvestment in these areas cannot be accomplished
with only governmental resources and require a comprehensive approach that integrates various incentives, programs,
and initiatives to meet the economic, physical, and social
needs of the area;
(d) Successful reinvestment depends on a local
government’s ability to coordinate public resources in a
cohesive, comprehensive strategy that is designed to leverage
long-term private investment in an area;
(e) Reinvestment can strengthen the overall tax base
through increased tax revenue from expanded and new
business activities and physical property improvement;
(f) Local governments, in cooperation with area residents, can provide leadership as well as planning and
coordination of resources and necessary supportive services
to address reinvestment in the area; and
(g) It is in the public interest to adopt a targeted
approach to revitalization and enlist the resources of all
levels of government, the private sector, community-based
organizations, and community residents to revitalize an area.
(2) The legislature declares that the purposes of the
community empowerment zone act are to:
(a) Encourage reinvestment through strong partnerships
and cooperation between all levels of government, community-based organizations, area residents, and the private sector;
(b) Involve the private sector and stimulate private
reinvestment through the judicious use of public resources;
(c) Target governmental resources to those areas of
greatest need; and
(d) Include all levels of government, community
individuals, organizations, and the private sector in the
policy-making process. [2000 c 212 § 1.]
43.31C.010 Definitions. The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Area" means a geographic area within a local
government that is described by a close perimeter boundary.
(2) "Community empowerment zone" means an area
meeting the requirements of RCW 43.31C.020 and officially
designated by the director.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Director" means the director of the department of
community, trade, and economic development.
(5) "Local government" means a city, code city, town,
or county. [2000 c 212 § 2.]
[Title 43 RCW—page 205]
43.31C.020
Title 43 RCW: State Government—Executive
43.31C.020 Community empowerment zone—
Application. (1) The department, in cooperation with the
department of revenue, the employment security department,
and the office of financial management, may approve
applications submitted by local governments for an area’s
designation as a community empowerment zone under this
chapter. The application for designation shall be in the form
and manner and contain such information as the department
may prescribe, provided that the application shall:
(a) Contain information sufficient for the director to
determine if the criteria established in RCW 43.31C.030
have been met;
(b) Be submitted on behalf of the local government by
its chief elected official, or, if none, by the governing body
of the local government;
(c) Contain a five-year community empowerment plan
that meets the requirements of RCW 43.31C.040; and
(d) Certify that area residents were given the opportunity to participate in the development of the five-year community empowerment strategy required under RCW 43.31C.040.
(2) No local government shall submit more than two
areas to the department for possible designation as a community empowerment zone under this chapter.
(3)(a) The director may designate up to six community
empowerment zones, statewide, from among the applications
submitted for designation as a community empowerment
zone.
(b) The director shall make determinations of designated
community empowerment zones on the basis of the following factors:
(i) The strength and quality of the local government
commitments to meet the needs identified in the five-year
community empowerment plan required under RCW
43.31C.040.
(ii) The level of private sector commitment of additional
resources and contribution to the community empowerment
zone.
(iii) The potential for revitalization of the area as a
result of designation as a community empowerment zone.
(iv) Other factors the director deems necessary.
(c) The determination of the director as to the areas
designated as community empowerment zones shall be final.
(4) Except as provided in RCW 43.31C.050, an area that
was designated a community empowerment zone before
January 1, 1996, under this section, automatically and
without additional action by the local government continues
its designation under this chapter.
(5) The department may not designate additional
community empowerment zones after January 1, 2004, but
may amend or rescind designation of community empowerment zones in accordance with RCW 43.31C.050. [2000 c
212 § 3; 1994 sp.s. c 7 § 702; 1993 sp.s. c 25 § 401.
Formerly RCW 43.63A.700.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
43.31C.030 Community empowerment zone—
Requirements. (1) The director may not designate an area
as a community empowerment zone unless that area meets
the following requirements:
[Title 43 RCW—page 206]
(a) The area must be designated by the legislative
authority of the local government as an area to receive
federal, state, and local assistance designed to increase
economic, physical, or social activity in the area;
(b) The area must have at least fifty-one percent of the
households in the area with incomes at or below eighty
percent of the county’s median income, adjusted for household size;
(c) The average unemployment rate for the area, for the
most recent twelve-month period for which data is available
must be at least one hundred twenty percent of the average
unemployment rate of the county; and
(d) A five-year community empowerment plan for the
area that meets the requirements of RCW 43.31C.040 must
be adopted.
(2) The director may establish, by rule, such other
requirements as the director may reasonably determine
necessary and appropriate to assure that the purposes of this
chapter are satisfied.
(3) In determining if an area meets the requirements of
this section, the director may consider data provided by the
United States bureau of the census from the most recent
census or any other reliable data that the director determines
to be acceptable for the purposes for which the data is used.
[2000 c 212 § 4; 1994 sp.s. c 7 § 703; 1993 sp.s. c 25 §
402. Formerly RCW 43.63A.710.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
43.31C.040 Community empowerment plan—
Requirements—Annual progress report. (1) The five-year
community empowerment plan required under RCW
43.31C.020 shall contain information that describes the
community development needs of the proposed community
empowerment zone and present a strategy for meeting those
needs. The plan shall address the following categories:
(a) Housing needs for all economic segments of the
proposed community empowerment zone;
(b) Public infrastructure needs, such as transportation,
water, sanitation, energy, and drainage and flood control;
(c) Other public facilities needs, such as neighborhood
facilities or facilities for the provision of health, education,
recreation, public safety, and other services;
(d) Community economic development needs, such as
commercial and industrial revitalization, job creation and
retention considering the unemployment and underemployment of area residents, accessibility to financial resources by
area residents and businesses, investment within the area,
and other related components of community economic
development; and
(e) Social service needs of residents in the proposed
community empowerment zone.
(2) The local government must provide a description of
its strategy for meeting the needs identified in subsection (1)
of this section. As part of the community empowerment
zone strategy, the local government must identify the needs
for which specific plans are currently in place and the source
of funds expected to be used. For the balance of the area’s
needs, the local government must identify the source of
funds expected to become available during the next two-year
(2002 Ed.)
Community Empowerment Zones
period and actions the local government will take to acquire
those funds.
(3) The local government must submit an annual
progress report to the department that details the extent to
which the local government is working to meet the needs
identified in the five-year community empowerment plan.
If applicable, the progress report must also contain a
discussion on the impediments to meeting the needs outlined
in the five-year community empowerment plan. The
department must determine the date the annual progress
reports are due from each local government. [2000 c 212 §
5.]
43.31C.050 Community empowerment zones—
Amendment—Termination. (1) The terms or conditions of
a community empowerment zone approved under this
chapter may be amended to:
(a) Alter the boundaries of the community empowerment zone; or
(b) Terminate the designation of a community empowerment zone.
(2)(a) A request for an amendment under subsection
(1)(a) of this section may not be in effect until the department issues an amended designation for the community
empowerment zone that approves the requested amendment.
The local government must promptly file with the department a request for approval that contains information the
department deems necessary to evaluate the proposed
changes and its impact on the area’s designation as a
community empowerment zone under RCW 43.31C.030.
The local government must hold at least two public hearings
on the proposed changes and include the information in its
request for an amendment to its community empowerment
zone.
(b) The department shall approve or disapprove a
proposed amendment to a community empowerment zone
within sixty days of its receipt of a request under subsection
(1)(a) of this section. The department may not approve
changes to a community empowerment zone that are not in
conformity with this chapter.
(3)(a) The termination of an area’s designation as a
community empowerment zone under subsection (1)(b) of
this section is not effective until the department issues a
finding stating the reasons for the termination, which may
include lack of commitment of resources to activities in the
community empowerment zone by the public, private, and
community-based sectors. The local government may file an
appeal to the department’s findings within sixty days of the
notice to terminate the area’s designation. The department
must notify the local government of the results within thirty
days of the filing of the appeal.
(b) A termination of an area’s designation as a community empowerment zone has no effect on benefits previously
extended to individual businesses. The local government
may not commit benefits to a business after the effective
date of the termination of an area’s designation as a community empowerment zone.
(4) The department may request applications from local
governments for designation as community empowerment
zones under this chapter as a result of a termination of an
(2002 Ed.)
43.31C.040
area’s designation as a community empowerment zone under
this section. [2000 c 212 § 6.]
43.31C.060 Administration of chapter—Powers and
duties of department. The department must administer this
chapter and has the following powers and duties:
(1) To monitor the implementation of chapter 212, Laws
of 2000 and submit reports evaluating the effectiveness of
the program and any suggestions for legislative changes to
the governor and legislature by December 1, 2000;
(2) To develop evaluation and performance measures for
local governments to measure the effectiveness of the
program at the local level on meeting the objectives of this
chapter;
(3) To provide information and appropriate assistance to
persons desiring to locate and operate a business in a
community empowerment zone;
(4) To work with appropriate state agencies to coordinate the delivery of programs, including but not limited to
housing, community and economic development, small
business assistance, social service, and employment and
training programs which are carried on in a community
empowerment zone; and
(5) To develop rules necessary for the administration of
this chapter. [2000 c 212 § 7.]
43.31C.070 Administration of community empowerment zone—Jurisdiction of local government—
Community empowerment zone administrator. The
administration of a community empowerment zone is under
the jurisdiction of the local government. Each local government must, by ordinance, designate a community empowerment zone administrator for the area designated as a community empowerment zone that is within its jurisdiction. A
community empowerment zone administrator must be an
officer or employee of the local government. The community empowerment zone administrator is the liaison between
the local government, the department, the business community, and labor and community-based organizations within the
community empowerment zone. [2000 c 212 § 8.]
43.31C.900 Short title. This chapter may be known
and cited as the Washington community empowerment zone
act. [2000 c 212 § 9.]
43.31C.901 Conflict with federal requirements—
2000 c 212. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting
part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected,
and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements
that are a necessary condition to the receipt of federal funds
by the state. [2000 c 212 § 12.]
43.31C.902 Severability—2000 c 212. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
[Title 43 RCW—page 207]
43.31C.902
Title 43 RCW: State Government—Executive
application of the provision to other persons or circumstances is not affected. [2000 c 212 § 14.]
officio, shall constitute the state finance committee. [1965
c 8 § 43.33.010. Prior: 1961 c 300 § 2; 1921 c 7 § 6, part;
RRS § 10764, part.]
Chapter 43.32
COUNTY ROADS DESIGN STANDARDS
43.33.022 Washington public deposit protection
commission, state finance committee constitutes, powers,
duties and functions. See chapter 39.58 RCW.
(Formerly: Design standards committee)
Sections
43.32.010
43.32.020
Composition of committee.
Duties of committee.
43.32.010 Composition of committee. There is
created a state design standards committee of seven members, six of which shall be appointed by the executive committee of the Washington state association of counties to
hold office at its pleasure and the seventh to be the state aid
engineer for the department of transportation. The members
to be appointed by the executive committee of the Washington state association of counties shall be restricted to the
membership of such association or to those holding the
office and/or performing the functions of county engineer in
any of the several counties of the state. [1982 c 145 § 4;
1971 ex.s. c 85 § 6; 1965 c 8 § 43.32.010. Prior: 1949 c
165 § 2; RRS § 6450-8.]
43.33.030 Records—Administrative and clerical
assistance. The state finance committee shall keep a full
and complete public record of its proceedings in appropriate
books of record.
The state treasurer shall provide administrative and
clerical assistance for the state finance committee. [1981 c
3 § 24; 1965 c 8 § 43.33.030. Prior: 1961 c 300 § 4; 1907
c 12 § 2; RRS § 5537.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33.040 Rules and regulations—Chairman. The
state finance committee may make appropriate rules and
regulations for the performance of its duties. The state
treasurer shall act as chairman of the committee. [1965 c 8
§ 43.33.040. Prior: 1907 c 12 § 3; RRS § 5538.]
Design standards committee for arterial streets: Chapter 35.78 RCW.
43.32.020 Duties of committee. On or before January
1, 1950, and from time to time thereafter the design standards committee shall adopt uniform design standards for the
county primary road systems. [1965 c 8 § 43.32.020. Prior:
1949 c 165 § 3; RRS § 6450-8j.]
Design standards for county roads and bridges: Chapter 36.86 RCW.
Chapter 43.33
STATE FINANCE COMMITTEE
Sections
43.33.010
43.33.022
Composition of committee.
Washington public deposit protection commission, state
finance committee constitutes, powers, duties and functions.
43.33.030 Records—Administrative and clerical assistance.
43.33.040 Rules and regulations—Chairman.
43.33.130 Reports of debt management activities.
Acquisition of highway property in advance of programmed construction,
committee duties relating to: Chapter 47.12 RCW.
Bonds, notes and other evidences of indebtedness, finance committee duties:
Chapter 39.42 RCW.
Committee created: RCW 43.17.070.
County held United States bonds, disposal: RCW 36.33.190.
Fiscal agencies: Chapter 43.80 RCW.
Industrial insurance, investments: RCW 51.44.100.
Intoxicating liquor warehouses, acquisition: RCW 66.08.160.
State depositaries: Chapter 43.85 RCW.
State investment board: Chapter 43.33A RCW.
Washington State University Tree Fruit Research Center office-laboratory
facility, financing, finance committee powers and duties: RCW
28B.30.600 through 28B.30.620.
43.33.010 Composition of committee. The state
treasurer, the lieutenant governor, and the governor, ex
[Title 43 RCW—page 208]
43.33.130 Reports of debt management activities.
The state finance committee shall prepare written reports at
least annually summarizing the debt management activities
of the finance committee, which reports shall be sent to
agencies having a direct financial interest in the issuance and
sale of bonds by the committee, and to other persons on
written request. [1998 c 245 § 63; 1981 c 3 § 25; 1977 ex.s.
c 251 § 10.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Chapter 43.33A
STATE INVESTMENT BOARD
Sections
43.33A.010 General powers and duties.
43.33A.020 Board created—Membership—Terms—Vacancies—
Removal.
43.33A.025 Criminal history record checks for board staff finalist candidates.
43.33A.030 Trusteeship of funds—Contracts—Delegation of powers and
duties.
43.33A.035 Delegation of authority—Investments or investment properties.
43.33A.040 Quorum—Meetings—Chairperson—Vice chairperson.
43.33A.050 Compensation of members—Travel expenses.
43.33A.060 Employment restrictions.
43.33A.070 Liability of members.
43.33A.080 Investment of funds in farm, soil, water conservation loans
and in Washington land bank.
43.33A.090 Records.
43.33A.100 Offices—Personnel—Officers—Compensation—Transfer of
employees—Existing contracts and obligations.
43.33A.110 Rules and regulations—Investment policies and procedures.
43.33A.120 Examination of accounts, files, and other records.
43.33A.130 Securities—State treasurer may cause same to be registered
in the name of the nominee.
43.33A.135 Investment policy—Investment options.
43.33A.140 Investments—Standard of investment and management.
43.33A.150 Reports of investment activities.
(2002 Ed.)
State Investment Board
43.33A.160 Funding of board—State investment board expense account.
43.33A.170 Commingled trust funds—Participation of funds in investments of board.
43.33A.180 Investment accounting—Transfer of functions and duties
from state treasurer’s office.
43.33A.190 Self-directed investment—Board’s duties.
43.33A.200 Creation of entities for investment purposes—Liability—Tax
status.
43.33A.210 Assets not publicly traded—Treatment of rent and income—
Management accounts—Application of this chapter and
chapter 39.58 RCW.
43.33A.220 Emergency reserve fund—Board’s duties.
43.33A.230 Basic health plan self-insurance reserve account—Board
duties and powers.
43.33A.010 General powers and duties. The state
investment board shall exercise all the powers and perform
all duties prescribed by law with respect to the investment of
public trust and retirement funds. [1981 c 3 § 1.]
Effective dates—1981 c 3: "Sections 2, 4, 5, 6, 7, 10, 11, 16, and 47
of this 1980 act shall take effect on July 1, 1980. The remaining sections
of this 1980 act shall take effect on July 1, 1981." [1981 c 3 § 46.]
Reviser’s note: Substitute House Bill No. 1610 was enacted during
the 1980 legislative session, but was vetoed. The veto was overridden by
the legislature as follows: Passed the House of Representatives on January
30, 1981; passed the Senate on February 6, 1981. The bill became chapter
3, Laws of 1981.
Severability—1981 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1981 c 3 § 49.]
43.33A.020 Board created—Membership—Terms—
Vacancies—Removal. There is hereby created the state
investment board to consist of fifteen members to be
appointed as provided in this section.
(1) One member who is an active member of the public
employees’ retirement system and has been an active
member for at least five years. This member shall be
appointed by the governor, subject to confirmation by the
senate, from a list of nominations submitted by organizations
representing active members of the system. The initial term
of appointment shall be one year.
(2) One member who is an active member of the law
enforcement officers’ and fire fighters’ retirement system
and has been an active member for at least five years. This
member shall be appointed by the governor, subject to
confirmation by the senate, from a list of nominations
submitted by organizations representing active members of
the system. The initial term of appointment shall be two
years.
(3) One member who is an active member of the
teachers’ retirement system and has been an active member
for at least five years. This member shall be appointed by
the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment
shall be three years.
(4) The state treasurer or the assistant state treasurer if
designated by the state treasurer.
(5) A member of the state house of representatives.
This member shall be appointed by the speaker of the house
of representatives.
(6) A member of the state senate. This member shall be
appointed by the president of the senate.
(2002 Ed.)
Chapter 43.33A
(7) One member who is a retired member of a state
retirement system shall be appointed by the governor, subject
to confirmation by the senate. The initial term of appointment shall be three years.
(8) The director of the department of labor and industries.
(9) The director of the department of retirement systems.
(10) One member who is an active member of the
school employees’ retirement system and has at least five
years of service credit. This member shall be appointed by
the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment
shall be three years.
(11) Five nonvoting members appointed by the state
investment board who are considered experienced and
qualified in the field of investments.
The legislative members shall serve terms of two years.
The initial legislative members appointed to the board shall
be appointed no sooner than January 10, 1983. The position
of a legislative member on the board shall become vacant at
the end of that member’s term on the board or whenever the
member ceases to be a member of the senate or house of
representatives from which the member was appointed.
After the initial term of appointment, all other members
of the state investment board, except ex officio members,
shall serve terms of three years and shall hold office until
successors are appointed. Members’ terms, except for ex
officio members, shall commence on January 1 of the year
in which the appointments are made.
Members may be reappointed for additional terms.
Appointments for vacancies shall be made for the unexpired
terms in the same manner as the original appointments. Any
member may be removed from the board for cause by the
member’s respective appointing authority. [2002 c 303 § 1;
1985 c 195 § 1; 1981 c 219 § 1; 1981 c 3 § 2.]
Effective date—2002 c 303: "This act takes effect September 1,
2002." [2002 c 303 § 3.]
Effective dates—1981 c 219: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [May 14, 1981], except sections 1 and 2 of this act shall
take effect July 1, 1981." [1981 c 219 § 6.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.025 Criminal history record checks for
board staff finalist candidates. (1) Notwithstanding any
provision of RCW 43.43.700 through 43.43.815, the state
investment board shall require a criminal history record
check for conviction records through the Washington state
patrol criminal identification system, and through the federal
bureau of investigation, for the purpose of conducting
preemployment evaluations of each finalist candidate for a
board staff position exempt from the provisions of chapter
41.06 RCW, or for any other position in which the employee
will have authority for or access to: (a) Funds under the
jurisdiction or responsibility of the investment board; or (b)
data or security systems of the investment board or designs
for such systems. The record check shall include a fingerprint check using a complete Washington state criminal
[Title 43 RCW—page 209]
43.33A.025
Title 43 RCW: State Government—Executive
identification fingerprint card, which shall be forwarded by
the state patrol to the federal bureau of investigation.
(2) Information received by the investment board
pursuant to this section shall be made available by the
investment board only to board employees involved in the
selection, hiring, background investigation, or job assignment
of the person who is the subject of the record check, or to
that subject person, and it shall be used only for the purposes of making, supporting, or defending decisions regarding
the appointment or hiring of persons for these positions, or
securing any necessary bonds or other requirements for such
employment. Otherwise, the reports, and information
contained therein, shall remain confidential and shall not be
subject to the disclosure requirements of chapter 42.17
RCW.
(3) Fees charged by the Washington state patrol, or the
federal bureau of investigation, for conducting these investigations and providing these reports shall be paid by the
investment board. [2000 c 188 § 1; 1999 c 226 § 1.]
43.33A.030 Trusteeship of funds—Contracts—
Delegation of powers and duties. Trusteeship of those
funds under the authority of the board is vested in the voting
members of the board. The nonvoting members of the board
shall advise the voting members on matters of investment
policy and practices.
The board may enter into contracts necessary to carry
out its powers and duties. The board may delegate any of
its powers and duties to its executive director as deemed
necessary for efficient administration and when consistent
with the purposes of chapter 3, Laws of 1981.
Subject to guidelines established by the board, the
board’s executive director may delegate to board staff any of
the executive director’s powers and duties including, but not
limited to, the power to make investment decisions and to
execute investment and other contracts on behalf of the
board. [1997 c 161 § 1; 1981 c 3 § 3.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.035 Delegation of authority—Investments or
investment properties. The board or its executive director
may delegate by contract to private sector or other external
advisors or managers the discretionary authority, as fiduciaries, to purchase or otherwise acquire, sell, or otherwise
dispose of or manage investments or investment properties
on behalf of the board, subject to investment or management
criteria established by the board or its executive director.
Such criteria relevant to particular investments or class of
investment applicable under the board’s contract with an
advisor or manager must be incorporated by reference into
the contract. [1997 c 161 § 2.]
43.33A.040 Quorum—Meetings—Chairperson—
Vice chairperson. (1) A quorum to conduct the business of
the state investment board consists of at least six voting
members. No action may be taken by the board without the
affirmative vote of six members.
(2) The state investment board shall meet at least
quarterly at such times as it may fix. The board shall elect
a chairperson and vice chairperson annually: PROVIDED,
[Title 43 RCW—page 210]
That the legislative members are not eligible to serve as
chairperson. [2002 c 303 § 2; 1981 c 219 § 2; 1981 c 3 §
4.]
Effective date—2002 c 303: See note following RCW 43.33A.020.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.050 Compensation of members—Travel
expenses. Members of the state investment board who are
public employees shall serve without compensation but shall
suffer no loss because of absence from their regular employment. Members of the board who are not public employees
shall be compensated in accordance with RCW 43.03.240.
Members of the board who are not legislators shall be
reimbursed for travel expenses incurred in the performance
of their duties as provided in RCW 43.03.050 and 43.03.060.
Legislative members shall receive allowances provided for
in RCW 44.04.120. [1984 c 287 § 80; 1981 c 3 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.060 Employment restrictions. No member
during the term of appointment may be employed by any
investment brokerage or mortgage servicing firm doing business with the state investment board. A trust department of
a commercial bank or trust company organized under federal
or state law is not considered a mortgage servicing firm for
purposes of this section. [1981 c 3 § 6.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.070 Liability of members. No member of the
state investment board is liable for the negligence, default,
or failure of any other person or other member of the board
to perform the duties of the member’s office and no member
of the board shall be considered or held to be an insurer of
the funds or assets of any of the trust and retirement funds
nor is any nonvoting member liable for actions performed
with the exercise of reasonable diligence within the scope of
the member’s authorized activities as a member of the board.
[1981 c 3 § 7.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.080 Investment of funds in farm, soil, water
conservation loans and in Washington land bank. The
state investment board may invest those funds which are not
under constitutional prohibition in: (1) Farm ownership and
soil and water conservation loans fully guaranteed as to
principal and interest under the Bankhead-Jones farm tenant
act administered by the United States department of agriculture; and (2) the Washington land bank established by
*chapter 31.30 RCW. [1987 c 29 § 2; 1981 c 3 § 8.]
*Reviser’s note: Chapter 31.30 RCW was repealed by 1998 c 12 §
1.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
(2002 Ed.)
State Investment Board
43.33A.090 Records. The state investment board shall
keep a full and complete public record of its proceedings in
appropriate books of record. Within sixty days of July 1,
1981, the state investment board shall assume physical
custody of all investment accounts, files, and other records
of each fund placed under the investment authority of the
board. [1981 c 3 § 9.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.100 Offices—Personnel—Officers—
Compensation—Transfer of employees—Existing contracts and obligations. The state investment board shall
maintain appropriate offices and employ such personnel as
may be necessary to perform its duties. Employment by the
investment board shall include but not be limited to an
executive director, investment officers, and a confidential
secretary, which positions are exempt from classified service
under chapter 41.06 RCW. Employment of the executive
director by the board shall be for a term of three years, and
such employment shall be subject to confirmation of the
state finance committee: PROVIDED, That nothing shall
prevent the board from dismissing the director for cause
before the expiration of the term nor shall anything prohibit
the board, with the confirmation of the state finance committee, from employing the same individual as director in
succeeding terms. Compensation levels for the executive
director, a confidential secretary, and all investment officers,
including the deputy director for investment management,
employed by the investment board shall be established by
the state investment board. The investment board is authorized to maintain a retention pool, from the earnings of the
funds managed by the board, in order to address recruitment
and retention problems. The compensation levels for
investment officers shall be limited to the average of state
funds of similar size, based upon a biennial survey conducted by the investment board, with review and comment by the
joint legislative audit and review committee. However, in
any fiscal year the salary increases granted by the investment
board from the retention pool to investment officers pursuant
to this section may not exceed an average of five percent.
The investment board shall provide notice to the director
of the department of personnel, the director of financial
management, and the chairs of the house of representatives
and senate fiscal committees of proposed changes to the
compensation levels for the positions. The notice shall be
provided not less than sixty days prior to the effective date
of the proposed changes.
As of July 1, 1981, all employees classified under
chapter 41.06 RCW and engaged in duties assumed by the
state investment board on July 1, 1981, are assigned to the
state investment board. The transfer shall not diminish any
rights granted these employees under chapter 41.06 RCW
nor exempt the employees from any action which may occur
thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the
functions transferred to the state investment board in *this
1980 act shall remain in full force and effect, and shall be
performed by the board. None of the transfers directed by
*this 1980 act shall affect the validity of any act performed
by a state entity or by any official or employee thereof prior
(2002 Ed.)
43.33A.090
to July 1, 1981. [2001 c 302 § 1; 1993 c 281 § 50; 1981 c
219 § 3; 1981 c 3 § 10.]
*Reviser’s note: For "this 1980 act," see note following RCW
43.33A.030.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.110 Rules and regulations—Investment
policies and procedures. The state investment board may
make appropriate rules and regulations for the performance
of its duties. The board shall establish investment policies
and procedures designed exclusively to maximize return at
a prudent level of risk. However, in the case of the department of labor and industries’ accident, medical aid, and
reserve funds, the board shall establish investment policies
and procedures designed to attempt to limit fluctuations in
industrial insurance premiums and, subject to this purpose,
to maximize return at a prudent level of risk. The board
shall adopt rules to ensure that its members perform their
functions in compliance with chapter 42.52 RCW. Rules
adopted by the board shall be adopted pursuant to chapter
34.05 RCW. [1994 c 154 § 310; 1989 c 179 § 1; 1988 c
130 § 1; 1981 c 219 § 4; 1981 c 3 § 11.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.120 Examination of accounts, files, and
other records. All accounts, files, and other records of the
state investment board which pertain to each retirement
system are subject at any time or from time to time to such
reasonable periodic, special, or other examinations by the
department of retirement systems as the director of the
department of retirement systems deems necessary or appropriate. [1981 c 3 § 12.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.130 Securities—State treasurer may cause
same to be registered in the name of the nominee. The
state treasurer may cause any securities in which the state
investment board deals to be registered in the name of a
nominee without mention of any fiduciary relationship,
except that adequate records shall be maintained to identify
the actual owner of the security so registered. The securities
so registered shall be held in the physical custody of the
state treasurer, the federal reserve system, the designee of
the state treasurer, or, at the election of the designee and
upon approval of the state treasurer, the Depository Trust
Company of New York City or its designees.
With respect to the securities, the nominee shall act only
upon the order of the state investment board. All rights to
the dividends, interest, and sale proceeds from the securities
and all voting rights of the securities are vested in the actual
owners of the securities, and not in the nominee. [1999 c
228 § 1; 1981 c 3 § 13.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
[Title 43 RCW—page 211]
43.33A.135
Title 43 RCW: State Government—Executive
43.33A.135 Investment policy—Investment options.
The state investment board has the full power to establish
investment policy, develop participant investment options,
and manage investment funds for the state deferred compensation plan, consistent with the provisions of RCW
41.50.770 and 41.50.780. The board may continue to offer
the investment options provided as of June 11, 1998, until
the board establishes a deferred compensation plan investment policy and adopts new investment options after
considering the recommendations of the employee retirement
benefits board. [1998 c 116 § 13.]
43.33A.140 Investments—Standard of investment
and management. The state investment board shall invest
and manage the assets entrusted to it with reasonable care,
skill, prudence, and diligence under circumstances then
prevailing which a prudent person acting in a like capacity
and familiar with such matters would use in the conduct of
an activity of like character and purpose.
The board shall:
(1) Consider investments not in isolation, but in the
context of the investment of the particular fund as a whole
and as part of an overall investment strategy, which should
incorporate risk and return objectives reasonably suited for
that fund; and
(2) Diversify the investments of the particular fund
unless, because of special circumstances, the board reasonably determines that the purposes of that fund are better
served without diversifying. However, no corporate fixedincome issue or common stock holding may exceed three
percent of the cost or six percent of the market value of the
assets of that fund. [1998 c 14 § 1; 1981 c 3 § 14.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.150 Reports of investment activities. (1) The
state investment board shall prepare written reports at least
quarterly summarizing the investment activities of the state
investment board, which reports shall be sent to the governor, the senate ways and means committee, the house
appropriations committee, the department of retirement
systems, and other agencies having a direct financial interest
in the investment of funds by the board, and to other persons
on written request. The state investment board shall provide
information to the department of retirement systems necessary for the preparation of monthly reports.
(2) At least annually, the board shall report on the
board’s investment activities for the department of labor and
industries’ accident, medical aid, and reserve funds to the
senate financial institutions and insurance committee, the
senate economic development and labor committee, and the
house commerce and labor committee, or appropriate
successor committees. [1989 c 179 § 2; 1981 c 3 § 15.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.160 Funding of board—State investment
board expense account. (1) The state investment board
shall be funded from the earnings of the funds managed by
the state investment board, proportional to the value of the
assets of each fund, subject to legislative appropriation.
[Title 43 RCW—page 212]
(2) There is established in the state treasury a state
investment board expense account from which shall be paid
the operating expenses of the state investment board. Prior
to November 1 of each even-numbered year, the state investment board shall determine and certify to the state
treasurer and the office of financial management the value of
the various funds managed by the investment board in order
to determine the proportional liability of the funds for the
operating expenses of the state investment board. Pursuant
to appropriation, the state treasurer is authorized to transfer
such moneys from the various funds managed by the
investment board to the state investment board expense
account as are necessary to pay the operating expenses of the
investment board. [1991 sp.s. c 13 § 32; 1985 c 57 § 32;
1982 c 10 § 10. Prior: 1981 c 242 § 1; 1981 c 219 § 5;
1981 c 3 § 16.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—1981 c 242: See note following RCW 43.79.330.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.170 Commingled trust funds—Participation
of funds in investments of board. The state investment
board is authorized to establish commingled trust funds in
the state treasury for the implementation of specific investment programs for any combination of funds under its
jurisdiction. At the discretion of the state investment board,
the funds under the jurisdiction of the board may participate
in the investments made by the board through state investment board commingled trust funds. The state investment
board may establish accounts within any such commingled
trust fund as necessary for the implementation of specific
investment programs. The combining of moneys from funds
located outside the state treasury with moneys from funds
located within the state treasury for investment under this
section shall not affect the nature, character, or purpose of a
participating fund. [1999 c 227 § 1; 1982 c 58 § 1.]
43.33A.180 Investment accounting—Transfer of
functions and duties from state treasurer’s office. The
state investment board shall account for and report on the
investments authorized by this chapter in the manner
prescribed by the office of financial management under
chapter 43.88 RCW.
After approval of the director of financial management,
all positions, reports, documents, and office equipment along
with any appropriation necessary for carrying out the
functions and duties transferred shall, on July 1, 1992, be
transferred from the state treasurer’s office to the state
investment board. All employees assigned to such classified
positions to be transferred, are assigned, without any loss of
rights, to the state investment board. [1992 c 232 § 905.]
Severability—1992 c 232: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 232 § 911.]
(2002 Ed.)
State Investment Board
43.33A.190 Self-directed investment—Board’s
duties. Pursuant to RCW 41.34.130, the state investment
board shall invest all self-directed investment moneys under
teachers’ retirement system plan 3, the school employees’ retirement system plan 3, and the public employees’ retirement
system plan 3 with full power to establish investment policy,
develop investment options, and manage self-directed
investment funds. [2000 c 247 § 701; 1998 c 341 § 707;
1995 c 239 § 321.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c
239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
43.33A.200 Creation of entities for investment
purposes—Liability—Tax status. (1) The board is authorized to create corporations under Title 23B RCW, limited
liability companies under chapter 25.15 RCW, and limited
partnerships under chapter 25.10 RCW, of which it may or
may not be the general partner, for the purposes of transferring, acquiring, holding, overseeing, operating, or disposing
of real estate or other investment assets that are not publicly
traded on a daily basis or on an organized exchange. The
liability of each entity created by the board is limited to the
assets or properties of that entity. No creditor or other
person has any right of action against the board, its members
or employees, or the state of Washington on account of any
debts, obligations, or liabilities of the entity. Entities created
under this section may be authorized by the board to make
any investment that the board may make, including but not
limited to the acquisition of: Equity interests in operating
companies, the indebtedness of operating companies, and
real estate.
(2) Directors, officers, and other principals of entities
created under this section must be board members, board
staff, or principals or employees of an advisor or manager
engaged by contract by the board or the entity to manage
real estate or other investment assets of the entity. Directors
of entities created under this section must be appointed by
the board. Officers and other principals of entities created
under this section are appointed by the directors.
(3) A public corporation, limited liability company, or
limited partnership created under this section has the same
immunity or exemption from taxation as that of the state.
The entity shall pay an amount equal to the amounts that
would be paid for taxes otherwise levied upon real property
and personal property to the public official charged with the
collection of such real property and personal property taxes
as if the property were in private ownership. The proceeds
of such payments must be allocated as though the property
were in private ownership. [1997 c 359 § 1.]
43.33A.210 Assets not publicly traded—Treatment
of rent and income—Management accounts—Application
of this chapter and chapter 39.58 RCW. Rent and other
income from real estate or other investment assets that are
not publicly traded on a daily basis or on an organized
exchange that are acquired and being held for investment by
(2002 Ed.)
43.33A.190
the board or by an entity created under RCW 43.33A.200 by
the board, and being managed by an external advisor or
other property manager under contract, shall not be deemed
income or state funds for the purposes of chapter 39.58
RCW and this title, until distributions are made to the board
of such income from the advisor or manager. Bank and
other accounts established by the advisor or property
manager for the purpose of the management of such investment assets shall not be deemed accounts established by the
state for the purpose of chapter 39.58 RCW and this title.
[1997 c 359 § 2.]
43.33A.220 Emergency reserve fund—Board’s
duties. Pursuant to RCW 43.135.051, the state investment
board shall invest moneys in the emergency reserve fund
established in chapter 43.135 RCW with full power to
establish investment policies for the fund. [1999 c 288 § 2.]
Effective date—1999 c 288: See note following RCW 43.135.051.
43.33A.230 Basic health plan self-insurance reserve
account—Board duties and powers. (1) The state investment board has the full power to invest, reinvest, manage,
contract, sell, or exchange investment money in the basic
health plan self-insurance reserve account. All investment
and operating costs associated with the investment of money
shall be paid under RCW 43.33A.160 and 43.84.160. With
the exception of these expenses, the earnings from the
investment of the money shall be retained by the account.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care under RCW 43.33A.140 and the investment policy
established by the state investment board.
(3) As deemed appropriate by the investment board,
money in the account may be commingled for investment
with other funds subject to investment by the board.
(4) The investment board shall routinely consult and
communicate with the health care authority on the investment policy, earnings of the account, and related needs of
the account. [2000 c 80 § 6.]
Chapter 43.34
CAPITOL COMMITTEE
Sections
43.34.010 Composition of committee.
43.34.015 Secretary of committee—Committee records.
43.34.040 Buildings—Erection—Improvements.
43.34.080 Capitol campus design advisory committee—Generally.
43.34.090 Building names.
Capitol building lands: Chapter 79.24 RCW.
Committee created: RCW 43.17.070.
East capitol site, powers and duties concerning: RCW 79.24.500.
Housing for state offices, duties: RCW 43.82.010.
43.34.010 Composition of committee. The governor
or the governor’s designee, the lieutenant governor, the
secretary of state, and the commissioner of public lands, ex
officio, shall constitute the state capitol committee. [1997 c
279 § 1; 1979 ex.s. c 57 § 10; 1965 c 8 § 43.34.010. Prior:
1961 c 300 § 5; 1921 c 7 § 8; RRS § 10766.]
[Title 43 RCW—page 213]
43.34.015
Title 43 RCW: State Government—Executive
43.34.015 Secretary of committee—Committee
records. The commissioner of public lands shall be the
secretary of the state capitol committee, but the committee
may appoint a suitable person as acting secretary thereof,
and fix his or her compensation. However, all records of the
committee shall be filed in the office of the commissioner of
public lands. [1997 c 279 § 2; 1965 c 8 § 43.34.015. Prior:
1959 c 257 § 45; 1909 c 69 § 1; RRS § 7897. Formerly
RCW 79.24.080.]
and the impact upon the local community’s economy,
environment, traffic patterns, and other factors;
(d) The relationship of overall state capitol facility
planning to the respective comprehensive plans for longrange urban development of the cities of Olympia, Lacey,
and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting
proposals, street furniture, sculpture, monuments, and access
to the capitol campus and buildings. [1990 c 93 § 1.]
43.34.040 Buildings—Erection—Improvements.
The state capitol committee may erect one or more permanent buildings; one or more temporary buildings; excavate or
partially excavate for any such building or buildings;
partially erect any such building or buildings; make other
temporary or permanent improvements wholly or in part;
upon the capitol grounds belonging to the state and known
as the "Sylvester site" or "Capitol place" in Olympia,
Washington. [1965 c 8 § 43.34.040. Prior: 1933 ex.s. c 34
§ 1; RRS § 7915-1.]
43.34.090 Building names. (1) The legislature shall
approve names for new or existing buildings on the state
capitol grounds based upon recommendations from the state
capitol committee and the director of the department of
general administration, with the advice of the capitol campus
design advisory committee, subject to the following limitations:
(a) An existing building may be renamed only after a
substantial renovation or a change in the predominant tenant
agency headquartered in the building.
(b) A new or existing building may be named or
renamed after:
(i) An individual who has played a significant role in
Washington history;
(ii) The purpose of the building;
(iii) The single or predominant tenant agency headquartered in the building;
(iv) A significant place name or natural place in
Washington;
(v) A Native American tribe located in Washington;
(vi) A group of people or type of person;
(vii) Any other appropriate person consistent with this
section as recommended by the director of the department of
general administration.
(c) The names on the facades of the state capitol group
shall not be removed.
(2) The legislature shall approve names for new or
existing public rooms or spaces on the west capitol campus
based upon recommendations from the state capitol committee and the director of the department of general administration, with the advice of the capitol campus design advisory
committee, subject to the following limitations:
(a) An existing room or space may be renamed only
after a substantial renovation;
(b) A new or existing room or space may be named or
renamed only after:
(i) An individual who has played a significant role in
Washington history;
(ii) The purpose of the room or space;
(iii) A significant place name or natural place in
Washington;
(iv) A Native American tribe located in Washington;
(v) A group of people or type of person;
(vi) Any other appropriate person consistent with this
section as recommended by the director of the department of
general administration.
(3) When naming or renaming buildings, rooms, and
spaces under this section, consideration must be given to:
(a) Any disparity that exists with respect to the gender of
persons after whom buildings, rooms, and spaces are named
on the state capitol grounds; (b) the diversity of human
43.34.080 Capitol campus design advisory committee—Generally. (1) The capitol campus design advisory
committee is established as an advisory group to the capitol
committee and the director of general administration to
review programs, planning, design, and landscaping of state
capitol facilities and grounds and to make recommendations
that will contribute to the attainment of architectural,
aesthetic, functional, and environmental excellence in design
and maintenance of capitol facilities on campus and located
in neighboring communities.
(2) The advisory committee shall consist of the following persons who shall be appointed by and serve at the
pleasure of the governor:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The governor shall appoint the chair and vice-chair and
shall instruct the director of general administration to provide
the staff and resources necessary for implementing this
section. The advisory committee shall meet at least once
every ninety days and at the call of the chair.
The members of the committee shall be reimbursed as
provided in RCW 43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the
secretary of state and two members of the house of representatives, one from each caucus, who shall be appointed by the
speaker of the house of representatives, and two members of
the senate, one from each caucus, who shall be appointed by
the president of the senate.
(4) The advisory committee shall review plans and
designs affecting state capitol facilities as they are developed. The advisory committee’s review shall include:
(a) The process of solicitation and selection of appropriate professional design services including design-build
proposals;
(b) Compliance with the capitol campus master plan and
design concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol
facilities relative to the service needs of state government
[Title 43 RCW—page 214]
(2002 Ed.)
Capitol Committee
achievement; and (c) the diversity of the state’s citizenry and
history.
(4) For purposes of this section, "state capitol grounds"
means buildings and land owned by the state and otherwise
designated as state capitol grounds, including the west
capitol campus, the east capitol campus, the north capitol
campus, the Tumwater campus, the Lacey campus, Sylvester
Park, Centennial Park, the Old Capitol Building, and Capitol
Lake. [2002 c 164 § 1.]
Chapter 43.37
WEATHER MODIFICATION
Sections
43.37.010
43.37.030
43.37.040
43.37.050
43.37.060
43.37.080
43.37.090
43.37.100
43.37.110
43.37.120
43.37.130
43.37.140
43.37.150
43.37.160
43.37.170
43.37.180
43.37.190
43.37.200
43.37.210
43.37.215
43.37.220
43.37.910
Definitions.
Powers and duties.
Promotion of research and development activities—
Contracts and agreements.
Hearing procedure.
Acceptance of gifts, donations, etc.
License and permit required.
Exemptions.
Licenses—Requirements, duration, renewal, fees.
Permits—Requirements—Hearing as to issuance.
Separate permit for each operation—Filing and publishing
notice of intention—Activities restricted by permit and
notice.
Notice of intention—Contents.
Notice of intention—Publication.
Financial responsibility.
Fees—Sanctions for failure to pay.
Records and reports—Open to public examination.
Revocation, suspension, modification of license or permit.
Liability of state denied—Legal rights of private persons not
affected.
Penalty.
Legislative declaration.
Program of emergency cloud seeding authorized.
Exemption of licensee from certain requirements.
Effective date—1973 c 64.
43.37.010 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Department" means the department of ecology;
(2) "Operation" means the performance of weather
modification and control activities pursuant to a single
contract entered into for the purpose of producing or attempting to produce, a certain modifying effect within one
geographical area over one continuing time interval not
exceeding one year; or, in case the performance of weather
modification and control activities is to be undertaken
individually or jointly by a person or persons to be benefited
and not undertaken pursuant to a contract, "operation" means
the performance of weather modification and control
activities entered into for the purpose of producing, or
attempting to produce, a certain modifying effect within one
geographical area over one continuing time interval not
exceeding one year;
(3) "Research and development" means theoretical
analysis exploration and experimentation, and the extension
of investigative findings and theories of a scientific or
technical nature into practical application for experimental
and demonstration purposes, including the experimental
production and testing of models, devices, equipment,
materials, and processes;
(2002 Ed.)
43.34.090
(4) "Weather modification and control" means changing
or controlling, or attempting to change or control, by
artificial methods, the natural development of any or all
atmospheric cloud forms or precipitation forms which occur
in the troposphere. [1973 c 64 § 1; 1965 c 8 § 43.37.010.
Prior: 1957 c 245 § 1.]
43.37.030 Powers and duties. In the performance of
its functions the department may, in addition to any other
acts authorized by law:
(1) Establish advisory committees to advise with and
make recommendations to the department concerning
legislation, policies, administration, research, and other
matters;
(2) Establish by regulation or order such standards and
instructions to govern the carrying out of research or projects
in weather modification and control as the department may
deem necessary or desirable to minimize danger to health or
property; and make such rules and regulations as are necessary in the performance of its powers and duties;
(3) Make such studies, investigations, obtain such
information, and hold such hearings as the department may
deem necessary or proper to assist it in exercising its
authority or in the administration or enforcement of this
chapter or any regulations or orders issued thereunder;
(4) Appoint and fix the compensation of such personnel,
including specialists and consultants, as are necessary to
perform its duties and functions;
(5) Acquire, in the manner provided by law, such
materials, equipment, and facilities as are necessary to
perform its duties and functions;
(6) Cooperate with public or private agencies in the
performance of the department’s functions or duties and in
furtherance of the purposes of this chapter;
(7) Represent the state in any and all matters pertaining
to plans, procedures, or negotiations for interstate compacts
relating to weather modification and control. [1973 c 64 §
2; 1965 c 8 § 43.37.030. Prior: 1957 c 245 § 3.]
43.37.040 Promotion of research and development
activities—Contracts and agreements. The department
shall exercise its powers in such manner as to promote the
continued conduct of research and development activities in
the fields specified below by private or public institutions or
persons and to assist in the acquisition of an expanding fund
of theoretical and practical knowledge in such fields. To this
end the department may conduct, and make arrangements,
including contracts and agreements, for the conduct of,
research and development activities relating to:
(1) The theory and development of methods of weather
modification and control, including processes, materials, and
devices related thereto;
(2) Utilization of weather modification and control for
agricultural, industrial, commercial, and other purposes;
(3) The protection of life and property during research
and operational activities. [1973 c 64 § 3; 1965 c 8 §
43.37.040. Prior: 1957 c 245 § 4.]
43.37.050 Hearing procedure. In the case of
hearings pursuant to RCW 43.37.180 the department shall,
and in other cases may, cause a record of the proceedings to
[Title 43 RCW—page 215]
43.37.050
Title 43 RCW: State Government—Executive
be taken and filed with the department, together with its
findings and conclusions. For any hearing, the director of
the department or a representative designated by him is
authorized to administer oaths and affirmations, examine
witnesses, and issue, in the name of the department, notice
of the hearing or subpoenas requiring any person to appear
and testify, or to appear and produce documents, or both, at
any designated place. [1973 c 64 § 4; 1965 c 8 § 43.37.050.
Prior: 1957 c 245 § 5.]
43.37.060 Acceptance of gifts, donations, etc. (1)
The department may, subject to any limitations otherwise
imposed by law, receive and accept for and in the name of
the state any funds which may be offered or become
available from federal grants or appropriations, private gifts,
donations, or bequests, or any other source, and may expend
such funds, subject to any limitations otherwise provided by
law, for the encouragement of research and development by
a state, public, or private agency, either by direct grant, by
contract or other cooperative means.
(2) All license and permit fees paid to the department
shall be deposited in the state general fund. [1973 c 64 § 5;
1965 c 8 § 43.37.060. Prior: 1957 c 245 § 6.]
43.37.080 License and permit required. Except as
provided in RCW 43.37.090, no person shall engage in
activities for weather modification and control except under
and in accordance with a license and a permit issued by the
department authorizing such activities. [1973 c 64 § 6; 1965
c 8 § 43.37.080. Prior: 1957 c 245 § 8.]
43.37.090 Exemptions. The department, to the extent
it deems practical, shall provide by regulation for exempting
from license, permit, and liability requirements, (1) research
and development and experiments by state and federal
agencies, institutions of higher learning, and bona fide
nonprofit research organizations; (2) laboratory research and
experiments; (3) activities of an emergent character for
protection against fire, frost, sleet, or fog; and (4) activities
normally engaged in for purposes other than those of
inducing, increasing, decreasing, or preventing precipitation
or hail. [1973 c 64 § 7; 1965 c 8 § 43.37.090. Prior: 1957
c 245 § 9.]
43.37.100 Licenses—Requirements, duration,
renewal, fees. (1) Licenses to engage in activities for
weather modification and control shall be issued to applicants therefor who pay the license fee required and who
demonstrate competence in the field of meteorology to the
satisfaction of the department, reasonably necessary to
engage in activities for weather modification and control. If
the applicant is an organization, these requirements must be
met by the individual or individuals who will be in control
and in charge of the operation for the applicant.
(2) The department shall issue licenses in accordance
with such procedures and subject to such conditions as it
may by regulation establish to effectuate the provisions of
this chapter. Each license shall be issued for a period to
expire at the end of the calendar year in which it is issued
and, if the licensee possesses the qualifications necessary for
the issuance of a new license, shall upon application be
[Title 43 RCW—page 216]
renewed at the expiration of such period. A license shall be
issued or renewed only upon the payment to the department
of one hundred dollars for the license or renewal thereof.
[1973 c 64 § 8; 1965 c 8 § 43.37.100. Prior: 1957 c 245 §
10.]
43.37.110 Permits—Requirements—Hearing as to
issuance. The department shall issue permits in accordance
with such procedures and subject to such conditions as it
may by regulation establish to effectuate the provisions of
this chapter only:
(1) If the applicant is licensed pursuant to this chapter;
(2) If a sufficient notice of intention is published and
proof of publication is filed as required by RCW 43.37.140;
(3) If the applicant furnishes proof of financial responsibility, as provided in RCW 43.37.150, in an amount to be
determined by the department but not to exceed twenty
thousand dollars;
(4) If the fee for a permit is paid as required by RCW
43.37.160;
(5) If the weather modification and control activities to
be conducted under authority of the permit are determined
by the department to be for the general welfare and public
good;
(6) If the department has held an open public hearing in
Olympia as to such issuance. [1973 c 64 § 9; 1965 c 8 §
43.37.110. Prior: 1961 c 154 § 2; 1957 c 245 § 11.]
43.37.120 Separate permit for each operation—
Filing and publishing notice of intention—Activities
restricted by permit and notice. A separate permit shall be
issued for each operation. Prior to undertaking any weather
modification and control activities the licensee shall file with
the department and also cause to be published a notice of
intention. The licensee, if a permit is issued, shall confine
his activities for the permitted operation within the time and
area limits set forth in the notice of intention, unless modified by the department; and his activities shall also conform
to any conditions imposed by the department upon the
issuance of the permit or to the terms of the permit as
modified after issuance. [1973 c 64 § 10; 1965 c 8 §
43.37.120. Prior: 1961 c 154 § 3; 1957 c 245 § 12.]
43.37.130 Notice of intention—Contents. The notice
of intention shall set forth at least all the following:
(1) The name and address of the licensee;
(2) The nature and object of the intended operation and
the person or organization on whose behalf it is to be
conducted;
(3) The area in which and the approximate time during
which the operation will be conducted;
(4) The area which is intended to be affected by the
operation;
(5) The materials and methods to be used in conducting
the operation. [1965 c 8 § 43.37.130. Prior: 1957 c 245 §
13.]
43.37.140 Notice of intention—Publication. (1) The
applicant shall cause the notice of intention, or that portion
thereof including the items specified in RCW 43.37.130, to
be published at least once a week for three consecutive
(2002 Ed.)
Weather Modification
weeks in a legal newspaper having a general circulation and
published within any county in which the operation is to be
conducted and in which the affected area is located, or, if the
operation is to be conducted in more than one county or if
the affected area is located in more than one county or is
located in a county other than the one in which the operation
is to be conducted, then in a legal newspaper having a general circulation and published within each of such counties.
In case there is no legal newspaper published within the
appropriate county, publication shall be made in a legal
newspaper having a general circulation within the county;
(2) Proof of publication, made in the manner provided
by law, shall be filed by the licensee with the department
within fifteen days from the date of the last publication of
the notice. [1973 c 64 § 11; 1965 c 8 § 43.37.140. Prior:
1961 c 154 § 4; 1957 c 245 § 14.]
43.37.150 Financial responsibility. Proof of financial
responsibility may be furnished by an applicant by his
showing, to the satisfaction of the department, his ability to
respond in damages for liability which might reasonably be
attached to or result from his weather modification and
control activities in connection with the operation for which
he seeks a permit. [1973 c 64 § 12; 1965 c 8 § 43.37.150.
Prior: 1957 c 245 § 15.]
43.37.160 Fees—Sanctions for failure to pay. The
fee to be paid by each applicant for a permit shall be
equivalent to one and one-half percent of the estimated cost
of such operation, the estimated cost to be computed by the
department from the evidence available to it. The fee is due
and payable to the department as of the date of the issuance
of the permit; however, if the applicant is able to give to the
department satisfactory security for the payment of the
balance, he may be permitted to commence the operation,
and a permit may be issued therefor, upon the payment of
not less than fifty percent of the fee. The balance due shall
be paid within three months from the date of the termination
of the operation as prescribed in the permit. Failure to pay
a permit fee as required shall be grounds for suspension or
revocation of the license of the delinquent permit holder and
grounds for refusal to renew his license or to issue any
further permits to such person. [1973 c 64 § 13; 1965 c 8
§ 43.37.160. Prior: 1957 c 245 § 16.]
43.37.170 Records and reports—Open to public
examination. (1) Every licensee shall keep and maintain a
record of all operations conducted by him pursuant to his
license and each permit, showing the method employed, the
type of equipment used, materials and amounts thereof used,
the times and places of operation of the equipment, the name
and post office address of each individual participating or
assisting in the operation other than the licensee, and such
other general information as may be required by the department and shall report the same to the department at the time
and in the manner required.
(2) The department shall require written reports in such
manner as it provides but not inconsistent with the provisions of this chapter, covering each operation for which a
permit is issued. Further, the department shall require
written reports from such organizations as are exempted
(2002 Ed.)
43.37.140
from license, permit, and liability requirements as provided
in RCW 43.37.090.
(3) The reports and records in the custody of the
department shall be open for public examination. [1973 c 64
§ 14; 1965 c 8 § 43.37.170. Prior: 1957 c 245 § 17.]
43.37.180 Revocation, suspension, modification of
license or permit. (1) The department may suspend or
revoke any license or permit issued if it appears that the
licensee no longer possesses the qualifications necessary for
the issuance of a new license or permit. The department
may suspend or revoke any license or permit if it appears
that the licensee has violated any of the provisions of this
chapter. Such suspension or revocation shall occur only
after notice to the licensee and a reasonable opportunity
granted such licensee to be heard respecting the grounds of
the proposed suspension or revocation. The department may
refuse to renew the license of, or to issue another permit to,
any applicant who has failed to comply with any provision
of this chapter.
(2) The department may modify the terms of a permit
after issuance thereof if the licensee is first given notice and
a reasonable opportunity for a hearing respecting the grounds
for the proposed modification and if it appears to the
department that it is necessary for the protection of the
health or the property of any person to make the modification proposed. [1973 c 64 § 15; 1965 c 8 § 43.37.180.
Prior: 1957 c 245 § 18.]
43.37.190 Liability of state denied—Legal rights of
private persons not affected. Nothing in this chapter shall
be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state
officials or employees for any weather modification and
control activities of any private person or group, nor to
affect in any way any contractual, tortious, or other legal
rights, duties, or liabilities between any private persons or
groups. [1973 c 64 § 16; 1965 c 8 § 43.37.190. Prior:
1957 c 245 § 19.]
43.37.200 Penalty. Any person violating any of the
provisions of this chapter or any lawful regulation or order
issued pursuant thereto, shall be guilty of a misdemeanor;
and a continuing violation is punishable as a separate offense
for each day during which it occurs. [1965 c 8 § 43.37.200.
Prior: 1957 c 245 § 20.]
43.37.210 Legislative declaration. The legislature
finds and declares that when prolonged lack of precipitation
or shortages of water supply in the state cause severe
hardships affecting the health, safety, and welfare of the
people of the state, a program to increase precipitation is
occasionally needed for the generation of hydroelectric
power, for domestic purposes, and to alleviate hardships
created by the threat of forest fires and shortages of water
for agriculture. Cloud seeding has been demonstrated to be
such a program of weather modification with increasing
scientific certainty. [1981 c 278 § 1.]
43.37.215 Program of emergency cloud seeding
authorized. The director of ecology may establish by rule
[Title 43 RCW—page 217]
43.37.215
Title 43 RCW: State Government—Executive
under chapter 34.05 RCW a program of emergency cloud
seeding. The director may include in these rules standards
and guidelines for determining the situations which warrant
cloud seeding and the means to be used for cloud seeding.
[1981 c 278 § 2.]
Actions during state of emergency exempt from chapter 43.21C RCW:
RCW 43.21C.210.
43.37.220 Exemption of licensee from certain
requirements. Upon a proclamation of a state of emergency, related to a lack of precipitation or a shortage of water
supply, by the governor under RCW 43.06.210, the department shall exempt a licensee from the requirements of RCW
43.37.110 (2) and (6) and RCW 43.37.140. [1981 c 278 §
3.]
Actions during state of emergency exempt from chapter 43.21C RCW:
RCW 43.21C.210.
43.37.910 Effective date—1973 c 64. The effective
date of this 1973 amendatory act shall be July 1, 1973.
[1973 c 64 § 18.]
Chapter 43.41
OFFICE OF FINANCIAL MANAGEMENT
Sections
43.41.030
43.41.035
43.41.040
43.41.050
43.41.060
43.41.070
43.41.080
43.41.090
43.41.100
43.41.102
43.41.104
43.41.106
43.41.110
43.41.120
43.41.130
43.41.140
43.41.150
43.41.160
43.41.170
43.41.180
43.41.190
43.41.195
43.41.220
43.41.230
43.41.240
43.41.250
43.41.260
Purpose.
Office of program planning and fiscal management redesignated office of financial management.
Definitions.
Office of financial management created—Transfer of powers, duties, and functions.
Director—Appointment—Salary—Vacancy—Delegation of
powers and duties.
Personnel.
Deputy and assistant directors.
State civil service law—Certain personnel of office of financial management exempted.
Director’s powers and duties.
Director—Contract for collection and tabulation of census
block statistics.
Settlement and payment of accounts—Duty to require.
Settlement and payment of accounts—Authority to require
testimony and evidence.
Powers and duties of office of financial management.
Advisory or coordinating councils.
Passenger motor vehicles owned or operated by state agencies—Duty to establish policies as to acquisition, operation, authorized use, etc.—Use of gasohol and alternative fuels.
Employee commuting in state-owned or leased vehicle—
Policies and regulations.
Inventory of state land resources—Developing and maintaining—Summaries.
State health care cost containment policies.
Budgeting process—Agencies implementing energy conservation to retain cost savings.
Electronic funds and information transfer—State agency use.
Community network programs—Recommended legislation.
Community networks—Fund distribution formula.
Review of boards and commissions by governor—Report—
Termination—Transfers.
Boards and commissions reviewed—Exceptions.
Approval of board or commission not established or required by statute.
Criteria for new board or commission not established or
required by statute.
Monitoring enrollee level in basic health plan and medicaid
caseload of children—Funding levels adjustment.
[Title 43 RCW—page 218]
43.41.270
Natural resource-related and environmentally based grant
and loan programs—Administration and monitoring
assistance—Report to legislative committees.
43.41.280 Risk management—Principles.
43.41.290 Risk management—Definitions applicable to RCW
43.19.19361 and 43.19.19362.
43.41.300 Risk management—Division created—Powers and duties.
43.41.310 Risk management—Procurement of insurance and bonds.
43.41.320 Risk management—Procurement of insurance for municipalities.
43.41.330 Risk management—Enforcement of bonds under RCW
39.59.010.
43.41.340 Risk management—Liability account—Actuarial studies.
43.41.350 Risk management—Safety and loss control program.
43.41.360 Bonds of state officers and employees—Fixing amount—
Additional bonds—Exemptions—Duties of director.
43.41.370 Loss prevention review team—Appointment—Duties.
43.41.380 Loss prevention review team—Final report—Use of report
and testimony limited—Response report.
43.41.901 Construction—1977 ex.s. c 270.
43.41.905 Interagency task force on unintended pregnancy.
43.41.940 Central budget agency abolished.
43.41.950 Saving—1969 ex.s. c 239.
43.41.970 Federal requirements for receipt of federal funds.
43.41.980 Severability—1969 ex.s. c 239.
Reviser’s note: Throughout this chapter the phrase "this 1969
amendatory act" or "this act" has been changed to "this chapter". The
phrase also includes RCW 43.88.020, 43.88.025 and 41.06.075.
Assessments and charges against state lands: Chapter 79.44 RCW.
Budgeting, accounting, and reporting system, powers and duties: Chapter
43.88 RCW.
Checks and drafts, form prescribed by: RCW 43.88.160.
Classes and number of positions for agencies fixed by: RCW 43.88.160.
Corrective measures by agencies, duties to enforce: RCW 43.88.160.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Efficiency surveys and analyses of agencies: RCW 43.88.160.
Employee training authorized: RCW 43.88.160.
Inventory of state-owned or leased facilities—Report: RCW 43.82.150.
Motor vehicle fund, distribution of amount to counties, office to furnish
information: RCW 46.68.124.
Moving expenses of state officers and employees, approval by: RCW
43.03.110.
Occupational forecast—Agency consultation: RCW 50.38.030.
Pay and classification plans, review of: RCW 43.88.160.
Personal service contracts, filing with office of financial management,
duties: Chapter 39.29 RCW.
Public printing, duties concerning: Chapter 43.78 RCW.
Regulations, duty to promulgate: RCW 43.88.160.
Regulatory fairness act, office of financial management participation:
Chapter 19.85 RCW.
Reports of agencies, authority to require: RCW 43.88.160.
Reports to governor, duplication of effort or lack of coordination between
agencies: RCW 43.88.160.
Requirements to seek federal waivers and state law changes to medical
assistance programs: RCW 43.20A.860.
State employees’ retirement system, duties: RCW 41.40.048.
Subsistence allowance for officials and employees, director to prescribe:
RCW 43.03.050.
Tort claims against state, duties: Chapter 4.92 RCW.
Warrants or checks, form prescribed by: RCW 43.88.160.
43.41.030 Purpose. The legislature finds that the need
for long-range state program planning and for the short-range
planning carried on through the budget process, complement
each other. The biennial budget submitted to the legislature
must be considered in the light of the longer-range plans and
(2002 Ed.)
Office of Financial Management
43.41.030
goals of the state. The effectiveness of the short-range plan
presented as budget proposals, cannot be measured without
being aware of these longer-range goals. Thus efficient
management requires that the planning and fiscal activities
of state government be integrated into a unified process. It
is the purpose of this chapter to bring these functions
together in a new division of the office of the governor to be
called the office of financial management. [1979 c 151 §
109; 1969 ex.s. c 239 § 1.]
as he may deem necessary to the fulfillment of the purposes
of this chapter. [1979 c 151 § 112; 1969 ex.s. c 239 § 4.]
43.41.035 Office of program planning and fiscal
management redesignated office of financial management.
From and after September 21, 1977, the office of program
planning and fiscal management shall be known and designated as the office of financial management. [1977 ex.s. c
114 § 1.]
43.41.080 Deputy and assistant directors. The
director may appoint such deputy directors and assistant
directors as shall be needed to administer the office of
financial management. The officers appointed under this
section and exempt from the provisions of the state civil
service law by the terms of RCW 41.06.075, shall be paid
salaries to be fixed by the governor in accordance with the
procedure established by law for the fixing of salaries for
officers exempt from the operation of the state civil service
law. [1979 c 151 § 113; 1969 ex.s. c 239 § 6.]
43.41.040 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Office" means the office of financial management.
(2) "Director" means the director of financial management.
(3) "Agency" means and includes every state agency,
office, officer, board, commission, department, state institution, or state institution of higher education, which includes
all state universities, regional universities, The Evergreen
State College, and community and technical colleges. [1993
c 500 § 4; 1979 c 151 § 110; 1969 ex.s. c 239 § 2.]
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
43.41.050 Office of financial management created—
Transfer of powers, duties, and functions. There is
created in the office of the governor, the office of financial
management which shall be composed of the present central
budget agency and the state planning, program management,
and population and research divisions of the present *planning and community affairs agency. Any powers, duties and
functions assigned to the central budget agency, or any state
planning, program management, or population and research
functions assigned to the present *planning and community
affairs agency by the 1969 legislature, shall be transferred to
the office of financial management. [1979 c 151 § 111;
1969 ex.s. c 239 § 3.]
*Reviser’s note: "Planning and community affairs agency" means
"department of community development." See RCW 43.63A.045.
43.41.060 Director—Appointment—Salary—
Vacancy—Delegation of powers and duties. The executive
head of the office of financial management shall be the
director, who shall be appointed by the governor with the
consent of the senate, and who shall serve at the pleasure of
the governor. He shall be paid a salary to be fixed by the
governor in accordance with the provisions of RCW
43.03.040. If a vacancy occurs in his position while the
senate is not in session, the governor shall make a temporary
appointment until the next meeting of the senate, when he
shall present to that body his nomination for the office. The
director may delegate such of his powers, duties and
functions to other officers and employees of the department
(2002 Ed.)
43.41.070 Personnel. The director shall have the
power to employ such personnel as may be necessary for the
general administration of the office: PROVIDED, That,
except as elsewhere specified in this chapter, such employment is in accordance with the rules of the state civil service
law, chapter 41.06 RCW. [1969 ex.s. c 239 § 5.]
43.41.090 State civil service law—Certain personnel
of office of financial management exempted. See RCW
41.06.075.
43.41.100 Director’s powers and duties. The
director of financial management shall:
(1) Supervise and administer the activities of the office
of financial management.
(2) Exercise all the powers and perform all the duties
prescribed by law with respect to the administration of the
state budget and accounting system.
(3) Advise the governor and the legislature with respect
to matters affecting program management and planning.
(4) Make efficiency surveys of all state departments and
institutions, and the administrative and business methods
pursued therein, examine into the physical needs and
industrial activities thereof, and make confidential reports to
the governor, recommending necessary betterments, repairs,
and the installation of improved and more economical
administrative methods, and advising such action as will
result in a greater measure of self-support and remedies for
inefficient functioning.
The director may enter into contracts on behalf of the
state to carry out the purposes of this chapter; he may act for
the state in the initiation of or participation in any multigovernmental agency program relative to the purposes of this
chapter; and he may accept gifts and grants, whether such
grants be of federal or other funds. [1979 c 151 § 114; 1969
ex.s. c 239 § 8.]
43.41.102 Director—Contract for collection and
tabulation of census block statistics. Subject to a specific
appropriation for that purpose, the director of financial
management is hereby authorized and directed to contract
with the United States bureau of census for collection and
tabulation of block statistics in any or all cities and towns.
[1979 c 151 § 115; 1977 ex.s. c 128 § 5.]
Severability—1977 ex.s. c 128: See note following RCW 29.04.040.
[Title 43 RCW—page 219]
43.41.104
Title 43 RCW: State Government—Executive
43.41.104 Settlement and payment of accounts—
Duty to require. Upon receipt of information from the state
auditor as provided in *RCW 43.09.050(5) as now or
hereafter amended, the director of financial management
shall require all persons who have received any moneys
belonging to the state and have not accounted therefor, to
settle their accounts and make payment thereof. [1979 c 151
§ 116; 1977 ex.s. c 144 § 10.]
*Reviser’s note: RCW 43.09.050 was amended by 1992 c 118 § 6,
changing subsection (5) to subsection (6).
43.41.106 Settlement and payment of accounts—
Authority to require testimony and evidence. The director
of financial management may, in his discretion, require any
person presenting an account for settlement to be sworn
before him, and to answer, orally or in writing, as to any
facts relating to it. [1979 c 151 § 117; 1977 ex.s. c 144 §
11.]
43.41.110 Powers and duties of office of financial
management. The office of financial management shall:
(1) Provide technical assistance to the governor and the
legislature in identifying needs and in planning to meet those
needs through state programs and a plan for expenditures.
(2) Perform the comprehensive planning functions and
processes necessary or advisable for state program planning
and development, preparation of the budget, inter-departmental and inter-governmental coordination and cooperation, and
determination of state capital improvement requirements.
(3) Provide assistance and coordination to state agencies
and departments in their preparation of plans and programs.
(4) Provide general coordination and review of plans in
functional areas of state government as may be necessary for
receipt of federal or state funds.
(5) Participate with other states or subdivisions thereof
in interstate planning.
(6) Encourage educational and research programs that
further planning and provide administrative and technical
services therefor.
(7) Carry out the provisions of RCW 43.62.010 through
43.62.050 relating to the state census.
(8) Carry out the provisions of this chapter and chapter
4.92 RCW relating to risk management.
(9) Be the official state participant in the federal-state
cooperative program for local population estimates and as
such certify all city and county special censuses to be
considered in the allocation of state and federal revenues.
(10) Be the official state center for processing and
dissemination of federal decennial or quinquennial census
data in cooperation with other state agencies.
(11) Be the official state agency certifying annexations,
incorporations, or disincorporations to the United States
bureau of the census.
(12) Review all United States bureau of the census
population estimates used for federal revenue sharing
purposes and provide a liaison for local governments with
the United States bureau of the census in adjusting or
correcting revenue sharing population estimates.
(13) Provide fiscal notes depicting the expected fiscal
impact of proposed legislation in accordance with chapter
43.88A RCW.
[Title 43 RCW—page 220]
(14) Be the official state agency to estimate and manage
the cash flow of all public funds as provided in chapter
43.88 RCW. To this end, the office shall adopt such rules
as are necessary to manage the cash flow of public funds.
[2002 c 332 § 23; 1981 2nd ex.s. c 4 § 13; 1979 c 10 § 3.
Prior: 1977 ex.s. c 110 § 4; 1977 ex.s. c 25 § 6; 1969 ex.s.
c 239 § 11.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
43.41.120 Advisory or coordinating councils. The
director or the governor may establish such additional
advisory or coordinating councils as may be necessary to
carry out the purposes of this chapter. Members of such
councils shall serve at the pleasure of the governor. They
shall receive no compensation for their services, but shall be
reimbursed for travel expenses while engaged in business of
the councils in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. [1975-’76
2nd ex.s. c 34 § 114; 1969 ex.s. c 239 § 12.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.41.130 Passenger motor vehicles owned or
operated by state agencies—Duty to establish policies as
to acquisition, operation, authorized use, etc.—Use of
gasohol and alternative fuels. The director of financial
management, after consultation with other interested or
affected state agencies, shall establish overall policies
governing the acquisition, operation, management, maintenance, repair, and disposal of, all passenger motor vehicles
owned or operated by any state agency. Such policies shall
include but not be limited to a definition of what constitutes
authorized use of a state owned or controlled passenger
motor vehicle and other motor vehicles on official state
business. The definition shall include, but not be limited to,
the use of state-owned motor vehicles for commuter ride
sharing so long as the entire capital depreciation and
operational expense of the commuter ride-sharing arrangement is paid by the commuters. Any use other than such
defined use shall be considered as personal use.
Such policies shall also include the widest possible use
of gasohol and cost-effective alternative fuels in all motor
vehicles owned or operated by any state agency. As used in
this section, "gasohol" means motor vehicle fuel which
contains more than nine and one-half percent alcohol by
volume. [1982 c 163 § 13; 1980 c 169 § 1; 1979 c 111 §
12; 1975 1st ex.s. c 167 § 5.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
Severability—1979 c 111: See note following RCW 46.74.010.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
Commuter ride sharing: Chapter 46.74 RCW.
Motor vehicle management and transportation: RCW 43.19.500 through
43.19.635.
43.41.140 Employee commuting in state-owned or
leased vehicle—Policies and regulations. Pursuant to
policies and regulations promulgated by the office of
(2002 Ed.)
Office of Financial Management
financial management, an elected state officer or delegate or
a state agency director or delegate may permit an employee
to commute in a state-owned or leased vehicle if such travel
is on official business, as determined in accordance with
RCW 43.41.130, and is determined to be economical and
advantageous to the state, or as part of a commute trip
reduction program as required by RCW 70.94.551. [1993 c
394 § 3; 1979 c 151 § 119; 1975 1st ex.s. c 167 § 15.]
Finding—Purpose—1993 c 394: See note following RCW
43.01.220.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.41.150 Inventory of state land resources—
Developing and maintaining—Summaries. The office of
financial management shall provide by administrative
regulation for the maintenance of an inventory of all state
owned or controlled land resources by all state agencies
owning or controlling land. That office shall cooperate with
the state departments and agencies charged with administering state owned or controlled land resources to assist them
in developing and maintaining land resources inventories that
will permit their respective inventories to be summarized
into meaningful reports for the purposes of providing
executive agencies with information for planning, budgeting,
and managing state owned or administered land resources
and to provide the legislature, its members, committees, and
staff with data needed for formulation of public policy.
Such departments or agencies shall maintain and make
available such summary inventory information as may be
prescribed by the rules of the office of financial management. That office shall give each affected department or
agency specific written notice of hearings for consideration,
adoption, or modification of such rules. All information
submitted to that office under this section are a matter of
public record and shall be available from said agency upon
request. [1981 c 157 § 5.]
43.41.160 State health care cost containment
policies. (1) It is the purpose of this section to ensure
implementation and coordination of chapter 70.14 RCW as
well as other legislative and executive policies designed to
contain the cost of health care that is purchased or provided
by the state. In order to achieve that purpose, the director
may:
(a) Establish within the office of financial management
a health care cost containment program in cooperation with
all state agencies;
(b) Implement lawful health care cost containment
policies that have been adopted by the legislature or the
governor, including appropriation provisos;
(c) Coordinate the activities of all state agencies with
respect to health care cost containment policies;
(d) Study and make recommendations on health care
cost containment policies;
(e) Monitor and report on the implementation of health
care cost containment policies;
(f) Appoint a health care cost containment technical
advisory committee that represents state agencies that are
involved in the direct purchase, funding, or provision of
health care; and
(2002 Ed.)
43.41.140
(g) Engage in other activities necessary to achieve the
purposes of this section.
(2) All state agencies shall cooperate with the director
in carrying out the purpose of this section. [1986 c 303 §
11.]
Health care authority: Chapter 41.05 RCW.
43.41.170 Budgeting process—Agencies implementing energy conservation to retain cost savings. The office
of financial management shall ensure that to the extent
possible the budget process shall allow state agencies
implementing energy conservation to retain the resulting cost
savings for other purposes, including further energy conservation. [1989 c 11 § 15; 1986 c 325 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Findings—1986 c 325: "The legislature finds that:
(1) Capital investments in energy conservation in buildings can
produce significant reductions in energy use, reducing the need to import or
extract fossil fuels and lowering the cost of operating buildings.
(2) The state of Washington has an obligation to operate state
buildings efficiently and to implement all cost-effective energy conservation
measures so that citizens are assured that public funds are spent wisely and
so that citizens have an example of the savings possible from energy
conservation.
(3) The state has completed energy consumption and walk-through
surveys of its buildings and other facilities and has established a schedule
for technical assistance studies which is the basis for implementing energy
conservation measure installations to meet the milestones in RCW
43.19.680. However, there is uncertainty that the milestones will be met.
(4) The potential savings from energy conservation can be more
readily realized by explicitly considering conservation measures and
procedures in the state’s budgeting and long-range planning process." [1986
c 325 § 1.]
43.41.180 Electronic funds and information transfer—State agency use. (1) The office of financial management is authorized to approve the use of electronic and other
technological means to transfer both funds and information
whenever economically feasible, to eliminate paper documentation wherever possible, and to provide greater fiscal
responsibility. This authorization includes but is not limited
to the authority to approve use of electronic means to
transfer payroll, vendor payments, and benefit payments and
acceptance of credit cards, debit cards, and other consumer
debt instruments for payment of taxes, licenses, and fees.
The office of financial management shall adopt rules under
*RCW 43.41.110(13) to specify the manner in which
electronic and other technological means, including credit
cards, are available to state agencies.
(2) No state agency may use electronic or other technological means, including credit cards, without specific
continuing authorization from the office of financial management. [1993 c 500 § 2.]
*Reviser’s note: RCW 43.41.110 was amended by 2002 c 332 § 23,
changing subsection (13) to subsection (14).
Finding—1993 c 500: "The legislature finds that:
(1) Effective and efficient management of the state’s cash resources
requires expeditious revenue collection, aggregation, and investment of
available balances and timely payments;
(2) The use of credit cards, debit cards, and electronic transfers of
funds and information are customary and economical business practices to
improve cash management that the state should consider and use when
appropriate;
(3) Statutory changes are necessary to aid the state in complying with
the federal cash management improvement act of 1990; and
[Title 43 RCW—page 221]
43.41.180
Title 43 RCW: State Government—Executive
(4) The policies, procedures, and practices of cash management should
be reviewed and revised as required to ensure that the state achieves the
most effective cash management possible." [1993 c 500 § 1.]
Severability—1993 c 500: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 500 § 12.]
Effective date—1993 c 500: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 500 § 13.]
43.41.190 Community network programs—
Recommended legislation. The office of financial management shall review the administration of funds for programs
identified under RCW 70.190.110 and propose legislation to
complete interdepartmental transfers of funds or programs as
necessary. The office of financial management shall review
statutes that authorize the programs identified under RCW
70.190.110 and suggest legislation to eliminate statutory
requirements that may interfere with the administration of
that policy. [1994 sp.s. c 7 § 318.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.41.195 Community networks—Fund distribution
formula. (1) The office of financial management, in
consultation with affected parties, shall establish a fund
distribution formula for determining allocations to the
community networks authorized under RCW 70.190.130.
The formula shall reflect the local needs assessment for atrisk children and consider:
(a) The number of arrests and convictions for juvenile
violent offenses;
(b) The number of arrests and convictions for crimes
relating to juvenile drug offenses and alcohol-related
offenses;
(c) The number of teen pregnancies and parents;
(d) The number of child and teenage suicides and
attempted suicides; and
(e) The high school graduation rate.
(2) In developing the formula, the office of financial
management shall reserve five percent of the funds for the
purpose of rewarding community networks.
(3) The reserve fund shall be used by the council to
reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent
criminal acts by juveniles, substance abuse, teen pregnancy
and male parentage, teen suicide attempts, or school dropout
rates. [1999 c 372 § 8; 1994 sp.s. c 7 § 319.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.41.220 Review of boards and commissions by
governor—Report—Termination—Transfers. (1) The
governor shall conduct a review of all of the boards and
commissions identified under RCW 43.41.230 and, by
January 8th of every odd-numbered year, submit to the
legislature a report recommending which boards and commissions should be terminated or consolidated based upon
the criteria set forth in subsection (3) of this section. The
report must state which of the criteria were relied upon with
respect to each recommendation. The governor shall submit
[Title 43 RCW—page 222]
an executive request bill by January 8th of every oddnumbered year to implement the recommendations by expressly terminating the appropriate boards and commissions
and by providing for the transfer of duties and obligations
under this section. The governor shall accept and review
with special attention recommendations made, not later than
June 1st of each even-numbered year, by the standing
committees of the legislature in determining whether to
include any board or commission in the report and bill
required by this section.
(2) In addition to terminations and consolidations under
subsection (1) of this section, the governor may recommend
the transfer of duties and obligations from a board or
commission to another existing state entity.
(3) In preparing his or her report and legislation, the
governor shall make an evaluation based upon answers to the
questions set forth in this subsection. The governor shall
give these criteria priority in the order listed.
(a) Has the mission of the board or commission been
completed or ceased to be critical to effective state government?
(b) Does the work of the board or commission directly
affect public safety, welfare, or health?
(c) Can the work of the board or commission be
effectively done by another state agency without adverse
impact on public safety, welfare, or health?
(d) Will termination of the board or commission have a
significant adverse impact on state revenue because of loss
of federal funds?
(e) Will termination of the board or commission save
revenues, be cost neutral, or result in greater expenditures?
(f) Is the work of the board or commission being done
by another board, commission, or state agency?
(g) Could the work of the board or commission be
effectively done by a nonpublic entity?
(h) Will termination of the board or commission result
in a significant loss of expertise to state government?
(i) Will termination of the board or commission result
in operational efficiencies that are other than fiscal in nature?
(j) Could the work of the board or commission be done
by an ad hoc committee? [1994 sp.s. c 9 § 873.]
Declaration—Purpose—1994 sp.s. c 9: "The legislature declares
there has been an excessive proliferation of boards and commissions within
state government. These boards and commissions are often created without
legislative review or input and without an assessment of whether there is a
resulting duplication of purpose or process. Once created, they frequently
duplicate the duties of existing governmental entities, create additional
expense, and obscure responsibility. It has been difficult to control the
growth of boards and commissions because of the many special interests
involved. Accordingly, the legislature establishes the process in this chapter
to eliminate redundant and obsolete boards and commissions and to restrict
the establishment of new boards and commissions." [1994 sp.s. c 9 § 872.]
Effective date—1994 sp.s. c 9 §§ 872-876: "Sections 872 through
876 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect immediately [April 6, 1994]."
[1994 sp.s. c 9 § 877.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.230 Boards and commissions reviewed—
Exceptions. The boards and commissions to be reviewed by
the governor must be all entities that are required to be
included in the list prepared by the office of financial
(2002 Ed.)
Office of Financial Management
management under RCW 43.88.505, other than entities
established under: (1) Constitutional mandate; (2) court
order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government
receiving federal financial assistance if, in the judgment of
the governor, no other state agency, board, or commission
would satisfy the requirement. [1994 sp.s. c 9 § 874.]
Declaration—Purpose—Effective date—1994 sp.s. c 9 §§ 872-876:
See notes following RCW 43.41.220.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.240 Approval of board or commission not
established or required by statute. A new board or
commission not established or required in statute that must
be included in the report required by RCW 43.88.505 may
not be established without the express approval of the
director of financial management. [1998 c 245 § 64; 1994
sp.s. c 9 § 875.]
Declaration—Purpose—Effective date—1994 sp.s. c 9 §§ 872-876:
See notes following RCW 43.41.220.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.250 Criteria for new board or commission not
established or required by statute. When acting on a
request to establish a new board or commission under RCW
43.41.240, the director of the office of financial management
shall consider the following criteria giving priority in the
order listed:
(1) If approval is critical to public safety, health, or
welfare or to the effectiveness of state government;
(2) If approval will not result in duplication of the work
or responsibilities of another governmental agency;
(3) If approval will not have a significant impact on
state revenues;
(4) If approval is for a limited duration or on an ad hoc
basis;
(5) If the work of the board or commission could be
effectively done by a nonpublic entity;
(6) If approval will result in significant enhancement of
expertise in state government; and
(7) If approval will result in operational efficiencies
other than fiscal savings. [1994 sp.s. c 9 § 876.]
Declaration—Purpose—Effective date—1994 sp.s. c 9 §§ 872-876:
See notes following RCW 43.41.220.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.260 Monitoring enrollee level in basic health
plan and medicaid caseload of children—Funding levels
adjustment. The health care authority, the office of
financial management, and the department of social and
health services shall together monitor the enrollee level in
the basic health plan and the medicaid caseload of children
funded from the health services account. The office of
financial management shall adjust the funding levels by
interagency reimbursement of funds between the basic health
plan and medicaid and adjust the funding levels between the
health care authority and the medical assistance administration of the department of social and health services to
maximize combined enrollment. [1995 c 265 § 21.]
(2002 Ed.)
43.41.230
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
43.41.270 Natural resource-related and environmentally based grant and loan programs—Administration
and monitoring assistance—Report to legislative committees. (1) The office of financial management shall assist
natural resource-related agencies in developing outcomefocused performance measures for administering natural
resource-related and environmentally based grant and loan
programs. These performance measures are to be used in
determining grant eligibility, for program management and
performance assessment.
(2) The office of financial management and the
governor’s salmon recovery office shall assist natural
resource-related agencies in developing recommendations for
a monitoring program to measure outcome-focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated
monitoring strategy developed by the monitoring oversight
committee established in RCW 77.85.210.
(3) Natural resource agencies shall consult with grant or
loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and
report to the office of financial management on the implementation of this section. The office of financial management shall report to the appropriate legislative committees of
the legislature on the agencies’ implementation of this
section, including any necessary changes in current law, and
funding requirements by July 31, 2002. Natural resource
agencies shall assist the office of financial management in
preparing the report, including complying with time frames
for submitting information established by the office of
financial management.
(4) For purposes of this section, "natural resourcerelated agencies" include the department of ecology, the
department of natural resources, the department of fish and
wildlife, the state conservation commission, the interagency
committee for outdoor recreation, the salmon recovery
funding board, and the public works board within the
department of community, trade, and economic development.
(5) For purposes of this section, "natural resourcerelated environmentally based grant and loan programs"
includes the conservation reserve enhancement program;
dairy nutrient management grants under chapter 90.64 RCW;
state conservation commission water quality grants under
chapter 89.08 RCW; coordinated prevention grants, public
participation grants, and remedial action grants under RCW
70.105D.070; water pollution control facilities financing
under chapter 70.146 RCW; aquatic lands enhancement
grants under RCW 79.24.580; habitat grants under the
Washington wildlife and recreation program under RCW
79A.15.040; salmon recovery grants under chapter 77.85
RCW; and the public work[s] trust fund program under
chapter 43.155 RCW. The term also includes programs
administered by the department of fish and wildlife related
to protection or recovery of fish stocks which are funded
with moneys from the capital budget. [2001 c 227 § 2.]
Findings—Intent—2001 c 227: "The legislature finds that the
amount of overall requests for funding for natural resource-related programs
in the capital budget has been steadily growing. The legislature also finds
that there is an increasing interest by the public in examining the perfor[Title 43 RCW—page 223]
43.41.270
Title 43 RCW: State Government—Executive
mance of the projects and programs to determine the return on their
investments and that a coordinated and integrated response by state agencies
will allow for better targeting of resources. The legislature further finds that
there is a need to improve the data and the integration of data that is
collected by state agencies and grant and loan recipients in order to better
measure the outcomes of projects and programs. The legislature intends to
begin implementing the recommendations contained in the joint legislative
audit and review committee’s report number 01-1 on investing in the
environment in order to improve the efficiency, effectiveness, and accountability of these natural resource-related programs funded in the state capital
budget." [2001 c 227 § 1.]
measurement, minimization, assumption, transfer, and loss
adjustment which is aimed at protecting assets and revenues
against accidental loss. [1977 ex.s. c 270 § 3. Formerly
RCW 43.19.19363.]
43.41.280 Risk management—Principles. It is the
policy of the state for the management of risks to which it
is exposed to apply the following principles consistently in
a state program of risk management:
(1) To identify those liability and property risks which
may have a significant economic impact on the state;
(2) To evaluate risk in terms of the state’s ability to
fund potential loss rather than the ability of an individual
agency to fund potential loss;
(3) To eliminate or improve conditions and practices
which contribute to loss whenever practical;
(4) To assume risks to the maximum extent practical;
(5) To provide flexibility within the state program to
meet the unique requirements of any state agency for
insurance coverage or service;
(6) To purchase commercial insurance:
(a) When the size and nature of the potential loss make
it in the best interest of the state to purchase commercial
insurance; or
(b) When the fiduciary of encumbered property insists
on commercial insurance; or
(c) When the interest protected is not a state interest and
an insurance company is desirable as an intermediary; or
(d) When services provided by an insurance company
are considered necessary; or
(e) When services or coverages provided by an insurance company are cost-effective; or
(f) When otherwise required by statute; and
(7) To develop plans for the management and protection
of the revenues and assets of the state. [1985 c 188 § 2;
1977 ex.s. c 270 § 1. Formerly RCW 43.19.19361.]
43.41.300 Risk management—Division created—
Powers and duties. There is hereby created a risk management division within the office of financial management.
The director shall implement the risk management policy in
RCW 43.41.280 through the risk management division. The
director shall appoint a risk manager to supervise the risk
management division. The risk management division shall
make recommendations when appropriate to state agencies
on the application of prudent safety, security, loss prevention, and loss minimization methods so as to reduce or avoid
risk or loss. [2002 c 332 § 7; 1998 c 245 § 55; 1987 c 505
§ 25; 1985 c 188 § 3; 1977 ex.s. c 270 § 2. Formerly RCW
43.19.19362.]
Intent—2002 c 332: "It is the intent of the legislature that state risk
management should have increased visibility at a policy level in state
government. This increased visibility can best be accomplished by the
transfer of the statewide risk management function from the department of
general administration to the office of financial management. The
legislature intends that this transfer will result in increasing visibility for the
management and funding of statewide risk, increasing executive involvement in risk management issues, and improving statewide risk management
accountability." [2002 c 332 § 1.]
Effective date—2002 c 332: "This act shall take effect July 1, 2002."
[2002 c 332 § 26.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
43.41.290 Risk management—Definitions applicable
to *RCW 43.19.19361 and 43.19.19362. As used in *RCW
43.19.19361 and 43.19.19362:
(1) "State agency" includes any state office, agency,
commission, department, or institution, including colleges,
universities, and community colleges, financed in whole or
part from funds appropriated by the legislature; and
(2) "Risk management" means the total effort and
continuous step by step process of risk identification,
[Title 43 RCW—page 224]
*Reviser’s note: RCW 43.19.19361 and 43.19.19362 were recodified
as RCW 43.41.280 and 43.41.300, respectively, pursuant to 2002 c 332 §
25, effective July 1, 2002.
Intent—2002 c 332: See note following RCW 43.41.280.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
43.41.310 Risk management—Procurement of
insurance and bonds. As a means of providing for the
procurement of insurance and bonds on a volume rate basis,
the director shall purchase or contract for the needs of state
agencies in relation to all such insurance and bonds:
PROVIDED, That authority to purchase insurance may be
delegated to state agencies. Insurance in force shall be
reported to the risk management division periodically under
rules established by the director. Nothing contained in this
section shall prohibit the use of licensed agents or brokers
for the procurement and service of insurance.
The amounts of insurance or bond coverage shall be as
fixed by law, or if not fixed by law, such amounts shall be
as fixed by the director.
The premium cost for insurance acquired and bonds
furnished shall be paid from appropriations or other appropriate resources available to the state agency or agencies for
which procurement is made, and all vouchers drawn in
payment therefor shall bear the written approval of the risk
management division prior to the issuance of the warrant in
payment therefor. Where deemed advisable the premium
cost for insurance and bonds may be paid by the risk
management administration account which shall be reimbursed by the agency or agencies for which procurement is
made. [2002 c 332 § 5; 1998 c 105 § 8; 1985 c 188 § 1;
1977 ex.s. c 270 § 6; 1975 c 40 § 9; 1965 c 8 § 43.19.1935.
Prior: 1959 c 178 § 18. Formerly RCW 43.19.1935.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1998 c 105: See note following RCW 43.19.025.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
(2002 Ed.)
Office of Financial Management
43.41.320 Risk management—Procurement of
insurance for municipalities. The director, through the risk
management division, may purchase, or contract for the purchase of, property and liability insurance for any municipality upon request of the municipality.
As used in this section, "municipality" means any city,
town, county, special purpose district, municipal corporation,
or political subdivision of the state of Washington. [2002 c
332 § 6; 1985 c 188 § 5. Formerly RCW 43.19.1936.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
43.41.330 Risk management—Enforcement of bonds
under RCW 39.59.010. The director, through the risk
management division, shall receive and enforce bonds posted
pursuant to RCW 39.59.010 (3) and (4). [2002 c 332 § 8;
1988 c 281 § 6. Formerly RCW 43.19.19367.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Severability—1988 c 281: See RCW 39.59.900.
43.41.340 Risk management—Liability account—
Actuarial studies. The office shall conduct periodic
actuarial studies to determine the amount of money needed
to adequately fund the liability account. [2002 c 332 § 9;
1989 c 419 § 11. Formerly RCW 43.19.19369.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Liability account created: RCW 4.92.130.
43.41.350 Risk management—Safety and loss
control program. (1) The office of risk management shall
establish a coordinated safety and loss control program to
reduce liability exposure, safeguard state assets, and reduce
costs associated with state liability and property losses.
(2) State agencies shall provide top management support
and commitment to safety and loss control, and develop
awareness through education, training, and information
sharing.
(3) The office of risk management shall develop and
maintain centralized loss history information for the purpose
of identifying and analyzing risk exposures. Loss history
information shall be privileged and confidential and reported
only to appropriate agencies.
(4) The office of risk management shall develop
methods of statistically monitoring agency and statewide
effectiveness in controlling losses.
(5) The office of risk management will routinely review
agency loss control programs as appropriate to suggest
improvements, and observe and recognize successful safety
policies and procedures.
(6) The office of risk management shall provide direct
assistance to smaller state agencies in technical aspects of
proper safety and loss control procedures, upon request.
[1989 c 419 § 6. Formerly RCW 43.19.19368.]
Intent—2002 c 332: See note following RCW 43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
(2002 Ed.)
43.41.320
43.41.360 Bonds of state officers and employees—
Fixing amount—Additional bonds—Exemptions—Duties
of director. In addition to other powers and duties prescribed by this chapter, the director shall:
(1) Fix the amount of bond to be given by each appointive state officer and each employee of the state in all cases
where it is not fixed by law;
(2) Require the giving of an additional bond, or a bond
in a greater amount than provided by law, in all cases where
in his judgment the statutory bond is not sufficient in amount
to cover the liabilities of the officer or employee;
(3) Exempt subordinate employees from giving bond
when in his judgment their powers and duties are such as not
to require a bond. [1975 c 40 § 13. Formerly RCW
43.19.540.]
Intent—2002 c 332: See note following RCW 43.41.280.
43.41.370 Loss prevention review team—
Appointment—Duties. (1) The director of financial management shall appoint a loss prevention review team when
the death of a person, serious injury to a person, or other
substantial loss is alleged or suspected to be caused at least
in part by the actions of a state agency, unless the director
in his or her discretion determines that the incident does not
merit review. A loss prevention review team may also be
appointed when any other substantial loss occurs as a result
of agency policies, litigation or defense practices, or other
management practices. When the director decides not to
appoint a loss prevention review team he or she shall issue
a statement of the reasons for the director’s decision. The
statement shall be made available on the web site of the
office of financial management. The director’s decision
pursuant to this section to appoint or not appoint a loss
prevention review team shall not be admitted into evidence
in a civil or administrative proceeding.
(2) A loss prevention review team shall consist of at
least three but no more than five persons, and may include
independent consultants, contractors, or state employees, but
it shall not include any person employed by the agency
involved in the loss or risk of loss giving rise to the review,
nor any person with testimonial knowledge of the incident to
be reviewed. At least one member of the review team shall
have expertise relevant to the matter under review.
(3) The loss prevention review team shall review the
death, serious injury, or other incident and the circumstances
surrounding it, evaluate its causes, and recommend steps to
reduce the risk of such incidents occurring in the future.
The loss prevention review team shall accomplish these tasks
by reviewing relevant documents, interviewing persons with
relevant knowledge, and reporting its recommendations in
writing to the director of financial management and the
director of the agency involved in the loss or risk of loss
within the time requested by the director of financial
management. The final report shall not disclose the contents
of any documents required by law to be kept confidential.
(4) Pursuant to guidelines established by the director,
state agencies must notify the office of financial management
immediately upon becoming aware of a death, serious injury,
or other substantial loss that is alleged or suspected to be
caused at least in part by the actions of the state agency.
State agencies shall provide the loss prevention review team
[Title 43 RCW—page 225]
43.41.370
Title 43 RCW: State Government—Executive
ready access to relevant documents in their possession and
ready access to their employees. [2002 c 333 § 2.]
Intent—2002 c 333: "The legislature intends that when the death of
a person, serious injury to a person, or other substantial loss is alleged or
suspected to be caused at least in part by the actions of a state agency, a
loss prevention review shall be conducted. The legislature recognizes the
tension inherent in a loss prevention review and the need to balance the
prevention of harm to the public with state agencies’ accountability to the
public. The legislature intends to minimize this tension and to foster open
and frank discussions by granting members of the loss prevention review
teams protection from having to testify, and by declaring a general rule that
the work product of these teams is inadmissible in civil actions or
administrative proceedings." [2002 c 333 § 1.]
43.41.380 Loss prevention review team—Final
report—Use of report and testimony limited—Response
report. (1) The final report from a loss prevention review
team to the director of financial management shall be made
public by the director promptly upon receipt, and shall be
subject to public disclosure. The final report shall be subject
to discovery in a civil or administrative proceeding. However, the final report shall not be admitted into evidence or
otherwise used in a civil or administrative proceeding except
pursuant to subsection (2) of this section.
(2) The relevant excerpt or excerpts from the final
report of a loss prevention review team may be used to
impeach a fact witness in a civil or administrative proceeding only if the party wishing to use the excerpt or
excerpts from the report first shows the court by clear and
convincing evidence that the witness, in testimony provided
in deposition or at trial in the present proceeding, has
contradicted his or her previous statements to the loss
prevention review team on an issue of fact material to the
present proceeding. In that case, the party may use only the
excerpt or excerpts necessary to demonstrate the contradiction. This section shall not be interpreted as expanding the
scope of material that may be used to impeach a witness.
(3) No member of a loss prevention review team may
be examined in a civil or administrative proceeding as to (a)
the work of the loss prevention review team, (b) the incident
under review, (c) his or her statements, deliberations,
thoughts, analyses, or impressions relating to the work of the
loss prevention review team or the incident under review, or
(d) the statements, deliberations, thoughts, analyses, or
impressions of any other member of the loss prevention
review team, or any person who provided information to it,
relating to the work of the loss prevention review team or
the incident under review.
(4) Any document that exists prior to the appointment
of a loss prevention review team, or that is created independently of such a team, does not become inadmissible merely
because it is reviewed or used by the loss prevention review
team. A person does not become unavailable as a witness
merely because the person has been interviewed by or has
provided a statement to a loss prevention review team.
However, if called as a witness, the person may not be
examined regarding the person’s interactions with the loss
prevention review team, including without limitation whether
the loss prevention review team interviewed the person, what
questions the loss prevention review team asked, and what
answers the person provided to the loss prevention review
team. This section shall not be construed as restricting the
[Title 43 RCW—page 226]
person from testifying fully in any proceeding regarding his
or her knowledge of the incident under review.
(5) Documents prepared by or for the loss prevention
review team are inadmissible and may not be used in a civil
or administrative proceeding, except that excerpts may be
used to impeach the credibility of a witness under the same
circumstances that excerpts of the final report may be used
pursuant to subsection (2) of this section.
(6) The restrictions set forth in this section shall not
apply in a licensing or disciplinary proceeding arising from
an agency’s effort to revoke or suspend the license of any
licensed professional based in whole or in part upon allegations of wrongdoing in connection with the death, injury, or
other incident reviewed by the loss prevention review team.
(7) Within one hundred twenty days after completion of
the final report of a loss prevention review team, the agency
under review shall issue to the office of financial management a response to the report. The response will indicate (a)
which of the report’s recommendations the agency hopes to
implement, (b) whether implementation of those recommendations will require additional funding or legislation, and (c)
whatever other information the director may require. This
response shall be considered part of the final report and shall
be subject to all provisions of this section that apply to the
final report, including without limitation the restrictions on
admissibility and use in civil or administrative proceedings
and the obligation of the director to make the final report
public.
(8) Nothing in RCW 43.41.370 or this section is
intended to limit the scope of a legislative inquiry into or
review of an incident that is the subject of a loss prevention
review.
(9) Nothing in RCW 43.41.370 or in this section affects
chapter 70.41 RCW and application of that chapter to stateowned or managed hospitals licensed under chapter 70.41
RCW. [2002 c 333 § 3.]
Intent—2002 c 333: See note following RCW 43.41.370.
43.41.901 Construction—1977 ex.s. c 270. Nothing
in this 1977 amendatory act shall be construed as amending,
repealing, or otherwise affecting RCW 28B.20.250 through
28B.20.255. [1977 ex.s. c 270 § 9. Formerly RCW
43.19.19364.]
Intent—2002 c 332: See note following RCW 43.41.280.
43.41.905 Interagency task force on unintended
pregnancy. The legislature finds that, according to the
department of health’s monitoring system, sixty percent of
births to women on medicaid were identified as unintended
by the women themselves. The director of the office of
financial management shall establish an interagency task
force on unintended pregnancy in order to:
(1) Review existing research on the short and long-range
costs;
(2) Analyze the impact on the temporary assistance for
needy families program; and
(3) Develop and implement a state strategy to reduce
unintended pregnancy. [1997 c 58 § 1001.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
(2002 Ed.)
Office of Financial Management
43.41.940 Central budget agency abolished. On
August 11, 1969, the central budget agency is abolished.
[1969 ex.s. c 239 § 17.]
43.41.950 Saving—1969 ex.s. c 239. Nothing in this
chapter shall be construed as affecting any existing rights
acquired under the sections amended or repealed herein
except as to the governmental agencies referred to and their
officials and employees, nor as affecting any actions,
activities or proceedings validated thereunder, nor as affecting any civil or criminal proceedings instituted thereunder,
nor any rule, regulation, resolution or order promulgated
thereunder, nor any administrative action taken thereunder;
nor shall the transfer of powers, duties and functions
provided for herein affect the validity of any act performed
by such agency or any officer thereof prior to August 11,
1969. [1969 ex.s. c 239 § 18.]
43.41.970 Federal requirements for receipt of
federal funds. If any part of this chapter is ruled to be in
conflict with federal requirements which are a prescribed
condition of the allocation of federal funds to the state, or to
any departments or agencies thereof, such conflicting part of
this chapter is declared to be inoperative solely to the extent
of the conflict. No such ruling shall affect the operation of
the remainder of this chapter. Any internal reorganization
carried out under the terms of this chapter shall meet federal
requirements which are a necessary condition to the receipt
of federal funds by the state. [1969 ex.s. c 239 § 20.]
43.41.980 Severability—1969 ex.s. c 239. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of this chapter,
or the application of the provision to other persons or circumstances shall not be affected. [1969 ex.s. c 239 § 21.]
Chapter 43.42
OFFICE OF PERMIT ASSISTANCE
Sections
43.42.005
43.42.010
43.42.020
43.42.030
43.42.040
43.42.050
43.42.060
43.42.070
43.42.900
43.42.901
43.42.905
Findings—Purpose—Intent.
Office created—Duties.
Operating principle—Providing information regarding permits.
Definitions.
Maintaining and furnishing information—Contact point—
Call center—Web site.
Assisting project applicant—Project facilitator—Project
scoping.
Coordinating permit agencies—Project coordinator—Cost
reimbursement agreement.
Cost reimbursement agreements.
Jurisdiction of energy facility site evaluation council not
affected.
Authority of permit agencies not affected.
Transfer of powers, duties, functions.
43.42.005 Findings—Purpose—Intent. (1) The
legislature finds that the health and safety of its citizens,
natural resources, and the environment are vital interests of
the state that must be protected to preserve the state’s quality
of life. The legislature also finds that the state’s economic
well-being is a vital interest that depends upon the develop(2002 Ed.)
43.41.940
ment of fair, coordinated environmental permitting processes
that ensure that the state not only protects natural resources
but also encourages appropriate activities that stimulate
growth and development. The legislature further finds that
Washington’s environmental protection programs have
established strict standards to reduce pollution and protect
public health and safety and the environment.
(2) The legislature also finds that, as the number of
environmental and land use laws have grown in Washington,
so have the number of permits required of business and
government. The increasing number of individual permits
and permit agencies has generated the potential for conflict,
overlap, and duplication among various state, local, and
federal permits. Lack of coordination in the processing of
project applications may cause costly delays and frustration
to applicants.
(3) The legislature further finds that not all project
applicants require the same type of assistance. Applicants
with small projects may merely need information about local
and state permits and assistance in applying for those
permits, while intermediate-sized projects may require a
facilitated permit process, and large complex projects may
need extensive coordination among local, state, and federal
agencies and tribal governments.
(4) The legislature, therefore, finds that a range of assistance and coordination options should be available to project
applicants from a state office independent of any local, state,
or federal permit agency. The legislature finds that citizens,
businesses, and project applicants should be provided with:
(a) A reliable and consolidated source of information
concerning federal, state, and local environmental and land
use laws and procedures that may apply to any given project;
(b) Facilitated interagency forums for discussion of
significant issues related to the multiple permitting processes
if needed for some project applicants; and
(c) Active coordination of all applicable regulatory and
land use permitting procedures if needed for some project
applicants.
(5) The legislature declares that the purpose of this
chapter is to transfer the existing permit assistance center in
the department of ecology to a new office of permit assistance in the office of financial management to:
(a) Assure that citizens, businesses, and project applicants will continue to be provided with vital information
regarding environmental and land use laws and with assistance in complying with environmental and land use laws to
promote understanding of these laws and to protect public
health and safety and the environment;
(b) Ensure that facilitation of project permit decisions by
permit agencies promotes both process efficiency and
environmental protection;
(c) Allow for coordination of permit processing for large
projects upon project applicants’ request and at project
applicants’ expense to promote efficiency, ensure certainty,
and avoid conflicts among permit agencies; and
(d) Provide these services through an office independent
of any permit agency to ensure that any potential or perceived conflicts of interest related to providing these services
or making permit decisions can be avoided.
(6) The legislature intends that establishing an office of
permit assistance will provide these services without abrogating or limiting the authority of any permit agency to make
[Title 43 RCW—page 227]
43.42.005
Title 43 RCW: State Government—Executive
decisions on permits that it issues. The legislature therefore
declares that the office of permit assistance shall have
authority to provide these services but shall not have any
authority to make decisions on permits. [2002 c 153 § 1.]
Reviser’s note—Sunset Act application: The office of permit
assistance is subject to review, termination, and possible extension under
chapter 43.131 RCW, the Sunset Act. See RCW 43.131.401. RCW
43.42.005 through 43.42.070 and 43.42.900 through 43.42.905 are scheduled
for future repeal under RCW 43.131.402.
43.42.010 Office created—Duties. (1) The office of
permit assistance is created in the office of financial management and shall be administered by the office of the governor
to assist citizens, businesses, and project applicants.
(2) The office shall:
(a) Maintain and furnish information as provided in
RCW 43.42.040;
(b) Furnish facilitation as provided in RCW 43.42.050;
(c) Furnish coordination as provided in RCW 43.42.060;
(d) Coordinate cost reimbursement as provided in RCW
43.42.070;
(e) Work with state agencies and local governments to
continue to develop a range of permit assistance options for
project applicants;
(f) Review initiatives developed by the transportation
permit efficiency and accountability committee established
in chapter 47.06C RCW and determine if any would be
beneficial if implemented for other types of projects;
(g) Work to develop informal processes for dispute
resolution between agencies and permit applicants;
(h) Conduct customer surveys to evaluate its effectiveness; and
(i) Provide the following biennial reports to the governor and the appropriate committees of the legislature:
(i) A performance report, based on the customer surveys
required in (h) of this subsection;
(ii) A report on any statutory or regulatory conflicts
identified by the office in the course of its duties that arise
from differing legal authorities and roles of agencies and
how these were resolved. The report may include recommendations to the legislature and to agencies; and
(iii) A report regarding use of outside independent
consultants under RCW 43.42.070, including the nature and
amount of work performed and implementation of requirements relating to costs.
(3) The office shall give priority to furnishing assistance
to small projects when expending general fund moneys
allocated to it. [2002 c 153 § 2.]
(2) This section does not create an independent cause of
action, affect any existing cause of action, or establish time
limits for purposes of RCW 64.40.020. [2002 c 153 § 3.]
Sunset Act application: See note following RCW 43.42.005.
43.42.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Office" means the office of permit assistance in the
office of financial management established in RCW
43.42.010.
(2) "Permit" means any permit, certificate, use authorization, or other form of governmental approval required in
order to construct or operate a project in the state of Washington.
(3) "Permit agency" means any state or local agency
authorized by law to issue permits.
(4) "Project" means any activity, the conduct of which
requires a permit or permits from one or more permit
agencies.
(5) "Project applicant" means a citizen, business, or any
entity seeking a permit or permits in the state of Washington. [2002 c 153 § 4.]
Sunset Act application: See note following RCW 43.42.005.
43.42.040 Maintaining and furnishing information—Contact point—Call center—Web site. The office
shall assist citizens, businesses, and project applicants by
maintaining and furnishing information, including, but not
limited to:
(1) To the extent possible, compiling and periodically
updating one or more handbooks containing lists and
explanations of permit laws, including all relevant local,
state, federal, and tribal laws. In providing this information,
the office shall seek the cooperation of relevant local, state,
and federal agencies and tribal governments;
(2) Establishing and providing notice of a point of
contact for obtaining information;
(3) Working closely and cooperatively with the business
license center in providing efficient and nonduplicative
service;
(4) Collecting and making available information
regarding federal, state, local, and tribal government programs that rely on private professional expertise to assist
agencies in project permit review; and
(5) Developing a call center and a web site. [2002 c
153 § 5.]
Sunset Act application: See note following RCW 43.42.005.
Sunset Act application: See note following RCW 43.42.005.
43.42.020 Operating principle—Providing information regarding permits. (1) The office shall operate on the
principle that citizens of the state of Washington should
receive the following information regarding permits:
(a) A date and time for a decision on a permit;
(b) The information required for an agency to make a
decision on a permit, recognizing that changes in the project
or other circumstances may change the information required;
and
(c) An estimate of the maximum amount of costs in
fees, studies, or public processes that will be incurred by the
project applicant.
43.42.050 Assisting project applicant—Project
facilitator—Project scoping. At the request of a project
applicant, the office shall assist the project applicant in
determining what regulatory requirements, processes, and
permits apply to the project, as provided in this section.
(1) The office shall assign a project facilitator who shall
discuss applicable regulatory requirements, permits, and
processes with the project applicant and explain the available
options for obtaining required permits.
(2) If the project applicant and the project facilitator
agree that the project would benefit from a project scoping,
the project facilitator shall conduct a project scoping by the
[Title 43 RCW—page 228]
(2002 Ed.)
Office of Permit Assistance
project applicant and the relevant state and local permit
agencies. The project facilitator shall invite the participation
of the relevant federal permit agencies and tribal governments.
(a) The purpose of the project scoping is to identify the
issues and information needs of the project applicant and the
participating permit agencies regarding the project, share
perspectives, and jointly develop a strategy for the processing of required permits by each participating permit agency.
(b) The scoping shall address:
(i) The permits that are required for the project;
(ii) The permit application forms and other application
requirements of the participating permit agencies;
(iii) The specific information needs and issues of
concern of each participant and their significance;
(iv) Any statutory or regulatory conflicts that might
arise from the differing authorities and roles of the permit
agencies;
(v) Any natural resources, including federal or state
listed species, that might be adversely affected by the project
and might cause an alteration of the project or require
mitigation; and
(vi) The anticipated time required for permit decisions
by each participating permit agency, including the time
required to determine if the permit application is complete,
to conduct environmental review, and to review and process
the application. In determining the time required, full
consideration must be given to achieving the greatest
possible efficiencies through any concurrent studies and any
consolidated applications, hearings, and comment periods.
(c) The outcome of the project scoping shall be documented in writing, furnished to the project applicant, and be
made available to the public.
(d) The project scoping shall be completed within sixty
days of the project applicant’s request for a project scoping.
(e) Upon completion of the project scoping, the participating permit agencies shall proceed under their respective
authority. The agencies are encouraged to remain in
communication for purposes of coordination until their final
permit decisions are made.
(3) This section does not create an independent cause of
action, affect any existing cause of action, or establish time
limits for purposes of RCW 64.40.020. [2002 c 153 § 6.]
Sunset Act application: See note following RCW 43.42.005.
43.42.060 Coordinating permit agencies—Project
coordinator—Cost reimbursement agreement. (1) The
office may coordinate the processing by participating permit
agencies of permits required for a project, at the request of
the project applicant through a cost reimbursement agreement as provided in subsection (3) of this section or with the
agreement of the project applicant as provided in subsection
(4) of this section.
(2) The office shall assign a project coordinator to
perform any or all of the following functions, as specified by
the terms of a cost reimbursement agreement under subsection (3) of this section or an agreement under subsection
(4) of this section:
(a) Serve as the main point of contact for the project
applicant;
(2002 Ed.)
43.42.050
(b) Conduct a project scoping as provided in RCW
43.42.050(2);
(c) Verify that the project applicant has all the information needed to complete applications;
(d) Coordinate the permit processes of the permit
agencies;
(e) Manage the applicable administrative procedures;
(f) Work to assure that timely permit decisions are made
by the permit agencies and maintain contact with the project
applicant and the permit agencies to ensure adherence to
schedules;
(g) Assist in resolving any conflict or inconsistency
among permit requirements and conditions; and
(h) Coordinate with relevant federal permit agencies and
tribal governments to the extent possible.
(3) At the request of a project applicant and as provided
in RCW 43.42.070, the project coordinator shall coordinate
negotiations among the project applicant, the office, and
participating permit agencies to enter into a cost reimbursement agreement and shall coordinate implementation of
the agreement, which shall govern coordination of permit
processing by the participating permit agencies.
(4) The office may determine that it is in the public
interest to coordinate the processing of permits for certain
projects that are complex in scope, require multiple permits,
involve multiple jurisdictions, or involve a significant
number of affected parties. Upon such a determination, the
office may enter into an agreement with the project applicant
and the participating permit agencies to coordinate the
processing of permits for the project. The office may limit
the number of such agreements according to the resources
available to the office and the permit agencies at the time.
[2002 c 153 § 7.]
Sunset Act application: See note following RCW 43.42.005.
43.42.070 Cost reimbursement agreements. (1) The
office may coordinate negotiation and implementation of a
written agreement among the project applicant, the office,
and participating permit agencies to recover from the project
applicant the reasonable costs incurred by the office in
carrying out the provisions of RCW 43.42.050(2) and
43.42.060(2) and by participating permit agencies in carrying
out permit processing tasks specified in the agreement.
(2) The office may coordinate negotiation and implementation of a written agreement among the project applicant, the office, and participating permit agencies to recover
from the project applicant the reasonable costs incurred by
outside independent consultants selected by the office and
participating permit agencies to perform permit processing
tasks.
(3) Outside independent consultants may only bill for
the costs of performing those permit processing tasks that are
specified in a cost reimbursement agreement under this
section. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that provides for progress payments.
(4) The office shall adopt a policy to coordinate cost
reimbursement agreements with outside independent consultants. Cost reimbursement agreements coordinated by the
office under this section must be based on competitive bids
[Title 43 RCW—page 229]
43.42.070
Title 43 RCW: State Government—Executive
that are awarded for each agreement from a prequalified
consultant roster.
(5) Independent consultants hired under a cost reimbursement agreement, shall report directly to the permit
agency. The office shall assure that final decisions are made
by the permit agency and not by the consultant.
(6) The office shall develop procedures for determining,
collecting, and distributing cost reimbursement for carrying
out the provisions of this chapter.
(7) For a cost reimbursement agreement, the office and
participating permit agencies shall negotiate a work plan and
schedule for reimbursement. Prior to distributing scheduled
reimbursement to the agencies, the office shall verify that the
agencies have met the obligations contained in their work
plan.
(8) Prior to commencing negotiations with the project
applicant for a cost reimbursement agreement, the office
shall request work load analyses from each participating
permitting agency. These analyses shall be available to the
public. The work load of a participating permit agency may
only be modified with the concurrence of the agency and if
there is both good cause to do so and no significant impact
on environmental review.
(9) The office shall develop guidance to ensure that, in
developing cost reimbursement agreements, conflicts of
interest are eliminated.
(10) For project permit processes that it coordinates, the
office shall coordinate the negotiation of all cost reimbursement agreements executed under RCW 43.21A.690,
43.30.420, 43.70.630, 43.300.080, and 70.94.085. The office
and the permit agencies shall be signatories to the agreements. Each permit agency shall manage performance of its
portion of the agreement.
(11) If a permit agency or the project applicant foresees,
at any time, that it will be unable to meet its obligations
under the cost reimbursement agreement, it shall notify the
office and state the reasons. The office shall notify the
participating permit agencies and the project applicant and,
upon agreement of all parties, adjust the schedule, or, if
necessary, coordinate revision of the work plan. [2002 c 153
§ 8.]
center at the department of ecology are transferred to the
office created in RCW 43.42.010.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
department of ecology pertaining to the powers, functions,
and duties transferred shall be delivered to the custody of the
office. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the
department of ecology in carrying out the powers, functions,
and duties transferred shall be made available to the office.
All funds, credits, or other assets held in connection with the
powers, functions, and duties transferred shall be assigned to
the office.
(b) Any appropriations made to the department of
ecology for carrying out the powers, functions, and duties
transferred shall, on June 30, 2002, be transferred and
credited to the office.
(c) Whenever any question arises as to the transfer of
any personnel, funds, books, documents, records, papers,
files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties
and functions transferred, the director of financial management shall make a determination as to the proper allocation
and certify the same to the state agencies concerned.
(3) All rules and all pending business before the
department of ecology pertaining to the powers, functions,
and duties transferred shall be continued and acted upon by
the office. All existing contracts and obligations shall
remain in full force and shall be performed by the office.
(4) The transfer of the powers, duties, and functions of
the permit assistance center shall not affect the validity of
any act performed before June 13, 2002.
(5) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [2002 c
153 § 10.]
Sunset Act application: See note following RCW 43.42.005.
Sunset Act application: See note following RCW 43.42.005.
43.42.900 Jurisdiction of energy facility site evaluation council not affected. Nothing in this chapter affects
the jurisdiction of the energy facility site evaluation council
under chapter 80.50 RCW. [2002 c 153 § 11.]
Sunset Act application: See note following RCW 43.42.005.
43.42.901 Authority of permit agencies not affected.
(1) Nothing in this chapter shall be construed to abrogate or
diminish the functions, powers, or duties granted to any
permit agency by law.
(2) Nothing in this chapter grants the office authority to
decide if a permit shall be issued. The authority for determining if a permit shall be issued shall remain with the
permit agency. [2002 c 153 § 12.]
Chapter 43.43
WASHINGTON STATE PATROL
Sections
43.43.010
43.43.015
43.43.020
43.43.030
43.43.035
43.43.037
43.43.040
43.43.050
43.43.060
43.43.070
Sunset Act application: See note following RCW 43.42.005.
43.43.080
43.42.905 Transfer of powers, duties, functions. (1)
The powers, duties, and functions of the permit assistance
43.43.090
43.43.100
43.43.110
[Title 43 RCW—page 230]
Patrol created.
Affirmative action.
Appointment of personnel.
Powers and duties—Peace officers.
Governor, lieutenant governor, and governor-elect—
Security and protection—Duty to provide.
Legislature—Security and protection—Duty to provide.
Disability of patrol officers.
Tenure of patrol officers.
Suspension or demotion of probationary officers.
Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary officers—
Complaint—Hearing.
Criminal complaint—Authority to suspend officer—
Hearing.
Procedure at hearing.
Review of order.
Reinstatement on acquittal.
(2002 Ed.)
Washington State Patrol
43.43.112
43.43.115
43.43.120
43.43.130
43.43.135
43.43.137
43.43.138
43.43.139
43.43.142
43.43.165
43.43.220
43.43.230
43.43.235
43.43.240
43.43.250
43.43.260
43.43.263
43.43.264
43.43.270
43.43.271
43.43.274
43.43.278
43.43.280
43.43.285
43.43.290
43.43.295
43.43.310
43.43.320
43.43.330
43.43.340
43.43.350
43.43.360
43.43.370
43.43.380
43.43.390
43.43.480
43.43.490
43.43.500
43.43.510
43.43.530
43.43.540
43.43.550
43.43.560
43.43.565
43.43.570
43.43.600
43.43.610
(2002 Ed.)
Private law enforcement off-duty employment—
Guidelines.
Real property—Sale of surplus at fair market value—
Distribution of proceeds.
Patrol retirement system—Definitions.
Retirement fund created—Membership.
Membership in more than one retirement system.
Reestablishment of service credit by former members
who are members of the public employees’ retirement system—Conditions.
Establishing, restoring service credit.
Membership while serving as state legislator—
Conditions.
Retirement board abolished—Transfer of powers, duties,
and functions.
Board may receive contributions from any source.
Retirement fund—Expenses.
Total service credit.
Service credit for paid leave of absence.
Legal adviser.
Retirement of members.
Benefits.
Effect of certain accumulated vacation leave on retirement benefits.
Benefit calculation—Limitation.
Retirement allowances—Members commissioned before
January 1, 2003.
Retirement allowances—Members commissioned on or
after January 1, 2003—Court-approved property
settlement.
Minimum retirement allowance—Annual adjustment.
Retirement option.
Repayment of contributions on death or termination of
employment—Election to receive reduced retirement allowance at age fifty-five.
Special death benefit—Death in the course of employment.
Status in case of disablement.
Accumulated contributions—Payment upon death of
member.
Benefits exempt from taxation and legal process—
Assignability—Exceptions—Deductions for group
insurance premiums or for state patrol memorial
foundation contributions.
Penalty for falsification.
Examinations for promotion.
Eligible list, and promotions therefrom—Affirmative
action.
Determination of eligibility for examination for promotion.
Probationary period.
Staff or technical officers.
Minimum salaries.
Bicycle awareness program—Generally.
Routine traffic enforcement information—Report to the
legislature.
Routine traffic enforcement information—Data collection—Training materials on racial profiling.
Crime information center—Established—Purpose—
Functions.
Crime information center—Files of general assistance to
law enforcement agencies established.
Crime information center—Cost of terminal facilities.
Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.
Traffic safety education officers—Powers—Pay and
reimbursement.
Automatic fingerprint information system—Report.
Automatic fingerprint information system account.
Automatic fingerprint identification system—Conditions
for local establishment or operation—Exemption—
Rules.
Drug control assistance unit—Created.
Drug control assistance unit—Duties.
43.43.620
43.43.630
43.43.640
43.43.650
43.43.655
43.43.670
43.43.680
43.43.690
43.43.700
43.43.705
43.43.710
43.43.715
43.43.720
43.43.725
43.43.730
43.43.735
43.43.740
43.43.742
43.43.745
43.43.750
43.43.752
43.43.753
43.43.7532
43.43.754
43.43.7541
43.43.756
43.43.758
43.43.759
43.43.760
43.43.765
43.43.770
43.43.775
43.43.780
43.43.785
43.43.800
43.43.810
43.43.815
43.43.820
43.43.830
Chapter 43.43
Drug control assistance unit—Additional duties—
Information system on violations—Inter-unit communications network.
Drug control assistance unit—Use of existing facilities
and systems.
Drug control assistance unit—Certain investigators exempt from state civil service act.
Drug control assistance unit—Employment of necessary
personnel.
Drug control assistance unit—Special narcotics enforcement unit.
Bureau of forensic laboratory services—Powers—
Priorities.
Controlled substance, simulator solution analysis—Prima
facie evidence.
Crime laboratory analysis—Guilty persons to pay fee.
Identification, child abuse, vulnerable adult abuse, and
criminal history section—Generally.
Identification data—Processing procedure—Definitions.
Availability of information.
Identification—Cooperation with other criminal justice
agencies.
Local identification and records systems—Assistance.
Records as evidence.
Records—Inspection—Requests for purge or modification—Appeals.
Photographing and fingerprinting—Powers and duties of
law enforcement agencies, department of licensing,
and courts—Other data.
Photographing and fingerprinting—Transmittal of data—
Compliance audits.
Submission of fingerprints taken from persons for noncriminal purposes—Fees.
Convicted persons, fingerprinting required, records—
Furloughs, information to section, notice to local
agencies—Arrests, disposition information—
Convicts, information to section, notice to local
agencies—Registration of sex offenders.
Use of force to obtain identification information—
Liability.
DNA identification system—Plan—Report.
Findings—DNA identification system—DNA data
base—DNA data bank.
DNA identification system—DNA data base account.
DNA identification system—Biological samples—
Collection, use, testing—Scope and application of
section.
DNA identification system—Collection of biological
samples—Fee.
DNA identification system—Analysis, assistance, and
testimony services.
DNA identification system—Local law enforcement
systems—Limitations.
DNA identification system—Rule-making requirements.
Personal identification—Requests—Purpose—
Applicants—Fee.
Reports of transfer, release or changes as to committed
or imprisoned persons—Records.
Unidentified deceased persons.
Interagency contracts.
Transfer of records, data, equipment to section.
Criminal justice services—Consolidation—Establishment
of program.
Criminal justice services programs—Duties of executive
committee.
Obtaining information by false pretenses—Unauthorized
use of information—Falsifying records—Penalty.
Conviction record furnished to employer—Purposes—
Notification to subject of record—Fees—
Limitations—Injunctive relief, damages, attorneys’
fees—Disclaimer of liability—Rules.
Stale records.
Background checks—Access to children or vulnerable
persons—Definitions.
[Title 43 RCW—page 231]
Chapter 43.43
43.43.832
Title 43 RCW: State Government—Executive
Background checks—Disclosure of information—
Sharing of criminal background information by
health care facilities.
43.43.833
Background checks—State immunity.
43.43.834
Background checks by business, organization, or insurance company—Limitations—Civil liability.
43.43.835
Background checks—Drug-related conviction information.
43.43.836
Disclosure to individual of own record—Fee.
43.43.838
Record checks—Transcript of conviction record, disciplinary board decision, criminal charges, or civil
adjudication—Finding of no evidence, identification document—Immunity—Rules.
43.43.839
Fingerprint identification account.
43.43.840
Notification of physical or sexual abuse or exploitation
of child or vulnerable adult—Notification of employment termination because of crimes against
persons.
43.43.842
Vulnerable adults—Additional licensing requirements
for agencies, facilities, and individuals providing
services.
43.43.845
Crimes against children—Notification of conviction or
guilty plea of school employee.
43.43.850
Organized crime intelligence unit—Created.
43.43.852
"Organized crime" defined.
43.43.854
Powers and duties of organized crime intelligence unit.
43.43.856
Divulging investigative information prohibited—
Confidentiality—Security of records and files.
43.43.858
Organized crime advisory board—Created—
Membership—Meetings—Travel expenses.
43.43.860
Organized crime advisory board—Terms of members.
43.43.862
Organized crime advisory board—Powers and duties.
43.43.864
Information to be furnished board—Security—
Confidentiality.
43.43.866
Organized crime prosecution revolving fund.
43.43.870
Missing children clearinghouse and hot line, duties of
state patrol.
43.43.880
Agreements with contiguous states—Jointly occupied
ports of entry—Collection of fees and taxes.
43.43.900
Severability—1969 c 12.
43.43.910
Severability—1972 ex.s. c 152.
43.43.911
Severability—1973 1st ex.s. c 202.
43.43.930
State fire protection services—Intent.
43.43.932
State fire protection policy board—Created—Members.
43.43.934
State fire protection policy board—Duties—Fire training
and education master plan—Fire protection master
plan.
43.43.936
State fire protection policy board—Advisory duties.
43.43.938
Director of fire protection—Appointment—Duties.
43.43.940
Fire service training program—Grants and bequests.
43.43.942
Fire service training—Fees and fee schedules.
43.43.944
Fire service training account.
43.43.946
Fire services trust fund.
43.43.948
Fire services trust fund—Expenditures.
43.43.950
Fire service training center bond retirement account of
1977.
43.43.952
Arson investigation information system—Findings—
Intent.
Abatement of certain structures, signs or devices on city streets, county
roads or state highways as public nuisances, chief’s duties relating to:
RCW 47.36.180.
Abating as public nuisance signs erected or maintained contrary to highway
advertising control act, chief’s duties relating to: RCW 47.42.080.
Aircraft cost sharing: See 1990 c 298 § 4.
Amateur radio operators with special license plates, list of furnished to:
RCW 46.16.340.
Authority: Chapter 10.93 RCW.
Chaplain authorized: RCW 41.22.020.
Civil disorder, use of patrol: RCW 43.06.270.
Control of traffic on capitol grounds, chief enforcing officer: RCW
46.08.160.
Coroner’s report of deaths by vehicle accidents, to be made to: RCW
46.52.050.
[Title 43 RCW—page 232]
Disturbances at state penal facilities
development of contingency plans—Scope—Local participation: RCW
72.02.150.
use of outside law enforcement personnel—Scope: RCW 72.02.160.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Driver license fees for use of state patrol: RCW 46.68.041.
Enforcement of laws on limited access facilities, state patrol to have
independent and concurrent jurisdiction: RCW 47.52.200.
Facilities siting, coordination with department of licensing: RCW
46.01.330.
Funding, state patrol highway account: RCW 46.68.030.
Hazardous materials incident command agency, state patrol as: RCW
70.136.030.
Index cross-reference record of accidents of motor vehicle operators, chief
to furnish: RCW 46.52.120.
Inspection of railroad company passenger-carrying vehicles by state patrol:
RCW 81.61.040.
Insurance, group life, generally: RCW 48.24.090.
Intoxicating liquor, report of seizure: RCW 66.32.090.
Jurisdiction: Chapter 10.93 RCW.
Motor vehicle
accidents and reports, powers and duties relating to: Chapter 46.52
RCW.
equipment standards—Powers and duties: RCW 46.37.005.
inspection duties: Chapter 46.32 RCW.
size, weight and load limits, duties: Chapter 46.44 RCW.
Off-road and nonhighway vehicles: Chapter 46.09 RCW.
Portability of public retirement benefits: Chapter 41.54 RCW.
Private carrier drivers, rules: RCW 46.73.010.
Prohibited practices relating to motor vehicle inspection by members of:
RCW 46.32.050.
School buses, regulations for design, marking and mode of operation, chief
to advise on: RCW 46.61.380.
Snowmobile act enforcement: RCW 46.10.200.
State patrol highway account: RCW 46.68.030.
Teletypewriter communications network, powers and duties of chief:
Chapter 43.89 RCW.
Towing operators, appointment by the state patrol: RCW 46.55.115.
Traffic safety commission, chief of state patrol member of: RCW 43.59.030.
Transportation of hazardous materials, chief’s powers and duties relating
to: RCW 46.48.170 through 46.48.180.
43.43.010 Patrol created. There shall be a department of state government known as the "Washington state
patrol." The chief thereof shall be known as the chief of the
Washington state patrol, and members thereof shall be
known as Washington state patrol officers. [1965 c 8 §
43.43.010. Prior: 1933 c 25 § 1; RRS § 6362-59.]
43.43.015 Affirmative action. For the purposes of
this chapter, "affirmative action" means a procedure by
which racial minorities, women, persons in the protected age
category, persons with disabilities, Vietnam-era veterans, and
disabled veterans are provided with increased employment
opportunities. It shall not mean any sort of quota system.
[1985 c 365 § 4.]
43.43.020 Appointment of personnel. The governor,
with the advice and consent of the senate, shall appoint the
chief of the Washington state patrol, determine his compensation, and may remove him at will.
The chief shall appoint a sufficient number of competent
persons to act as Washington state patrol officers, may
(2002 Ed.)
Washington State Patrol
remove them for cause, as provided in this chapter, and shall
make promotional appointments, determine their compensation, and define their rank and duties, as hereinafter provided.
The chief may appoint employees of the Washington
state patrol to serve as special deputies, with such restricted
police authority as the chief shall designate as being necessary and consistent with their assignment to duty. Such
appointment and conferral of authority shall not qualify said
employees for membership in the Washington state patrol
retirement system, nor shall it grant tenure of office as a
regular officer of the Washington state patrol.
The chief may personally appoint, with the consent of
the state treasurer, employees of the office of the state
treasurer who are qualified under the standards of the
criminal justice training commission, or who have comparable training and experience, to serve as special deputies.
The law enforcement powers of any special deputies appointed in the office of the state treasurer shall be designated by
the chief and shall be restricted to those powers necessary to
provide for statewide security of the holdings or property of
or under the custody of the office of the state treasurer.
These appointments may be revoked by the chief at any time
and shall be revoked upon the written request of the state
treasurer or by operation of law upon termination of the
special deputy’s employment with the office of the state
treasurer or thirty days after the chief who made the appointment leaves office. The chief shall be civilly immune for
the acts of such special deputies. Such appointment and
conferral of authority shall not qualify such employees for
membership in the Washington state patrol retirement
system, nor shall it grant tenure of office as a regular officer
of the Washington state patrol. [1983 c 144 § 1; 1981 c 338
§ 4; 1973 1st ex.s. c 80 § 1; 1965 c 8 § 43.43.020. Prior:
1949 c 192 § 1; 1933 c 25 § 3; Rem. Supp. 1949 § 636261.]
Civil service exemptions: RCW 41.06.070.
43.43.030 Powers and duties—Peace officers. The
chief and other officers of the Washington state patrol shall
have and exercise, throughout the state, such police powers
and duties as are vested in sheriffs and peace officers
generally, and such other powers and duties as are prescribed
by law. [1965 c 8 § 43.43.030. Prior: 1933 c 25 § 2; RRS
§ 6362-60.]
General authority law enforcement agency: RCW 10.93.020.
43.43.035 Governor, lieutenant governor, and
governor-elect—Security and protection—Duty to
provide. The chief of the Washington state patrol is
directed to provide security and protection for the governor,
the governor’s family, and the lieutenant governor to the
extent and in the manner the governor and the chief of the
Washington state patrol deem adequate and appropriate.
In the same manner the chief of the Washington state
patrol is directed to provide security and protection for the
governor-elect from the time of the November election.
[1991 c 63 § 1; 1965 ex.s. c 96 § 1.]
43.43.037 Legislature—Security and protection—
Duty to provide. The chief of the Washington state patrol
(2002 Ed.)
43.43.020
is directed to provide such security and protection for both
houses of the legislative building while in session as in the
opinion of the speaker of the house and the president of the
senate may be necessary therefor upon the advice of the
respective sergeant-at-arms of each legislative body. [1965
ex.s. c 96 § 2.]
43.43.040 Disability of patrol officers. (1) The chief
of the Washington state patrol shall relieve from active duty
Washington state patrol officers who, while in the performance of their official duties, or while on standby or
available for duty, have been or hereafter may be injured or
incapacitated to such an extent as to be mentally or physically incapable of active service: PROVIDED, That:
(a) Any officer disabled while performing line duty who
is found by the chief to be physically incapacitated shall be
placed on disability leave for a period not to exceed six
months from the date of injury or the date incapacitated.
During this period, the officer shall be entitled to all pay,
benefits, insurance, leave, and retirement contributions
awarded to an officer on active status, less any compensation
received through the department of labor and industries. No
such disability leave shall be approved until an officer has
been unavailable for duty for more than forty consecutive
work hours. Prior to the end of the six-month period, the
chief shall either place the officer on disability status or
return the officer to active status.
For the purposes of this section, "line duty" is active
service which encompasses the traffic law enforcement
duties and/or other law enforcement responsibilities of the
state patrol. These activities encompass all enforcement
practices of the laws, accident and criminal investigations, or
actions requiring physical exertion or exposure to hazardous
elements.
The chief shall define by rule the situations where a
disability has occurred during line duty;
(b) Benefits under this section for a disability that is incurred while in other employment will be reduced by any
amount the officer receives or is entitled to receive from
workers’ compensation, social security, group insurance,
other pension plan, or any other similar source provided by
another employer on account of the same disability;
(c) An officer injured while engaged in willfully tortious
or criminal conduct shall not be entitled to disability benefits
under this section; and
(d) Should a disability beneficiary whose disability was
not incurred in line of duty, prior to attaining age fifty,
engage in a gainful occupation, the chief shall reduce the
amount of his retirement allowance to an amount which
when added to the compensation earned by him in such
occupation shall not exceed the basic salary currently being
paid for the rank the retired officer held at the time he was
disabled. All such disability beneficiaries under age fifty
shall file with the chief every six months a signed and sworn
statement of earnings and any person who shall knowingly
swear falsely on such statement shall be subject to prosecution for perjury. Should the earning capacity of such beneficiary be further altered, the chief may further alter his disability retirement allowance as indicated above. The failure
of any officer to file the required statement of earnings shall
be cause for cancellation of retirement benefits.
[Title 43 RCW—page 233]
43.43.040
Title 43 RCW: State Government—Executive
(2) Officers on disability status shall receive one-half of
their compensation at the existing wage, during the time the
disability continues in effect, less any compensation received
through the department of labor and industries. They shall
be subject to mental or physical examination at any state
institution or otherwise under the direction of the chief of the
patrol at any time during such relief from duty to ascertain
whether or not they are able to resume active duty. [1998
c 194 § 1; 1987 c 185 § 17; 1981 c 165 § 1; 1973 2nd ex.s.
c 20 § 1; 1965 c 8 § 43.43.040. Prior: 1947 c 174 § 1;
1943 c 215 § 1; RRS § 6362-65.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1981 c 165: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 165 § 2.]
Effective date—1981 c 165: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect January
1, 1981." [1981 c 165 § 3.]
43.43.050 Tenure of patrol officers. Washington
state patrol officers shall be entitled to retain their ranks and
positions until death or resignation, or until suspended,
demoted, or discharged in the manner hereinafter provided.
[1965 c 8 § 43.43.050. Prior: 1943 c 205 § 1; Rem. Supp.
1943 § 6362-66.]
43.43.060 Suspension or demotion of probationary
officers. The chief of the Washington state patrol may
suspend or demote any officer with probationary status,
without preferring charges against the officer, and without a
hearing. [1984 c 141 § 1; 1965 c 8 § 43.43.060. Prior:
1943 c 205 § 2; Rem. Supp. 1943 § 6362-67.]
43.43.070 Discharge of probationary officers—
Discharge, demotion, or suspension of nonprobationary
officers—Complaint—Hearing. Discharge of any officer
with probationary status and discharge, demotion, or suspension of any officer with nonprobationary status shall be only
for cause, which shall be clearly stated in a written complaint, sworn to by the person preferring the charges, and
served upon the officer complained of.
Upon being so served, any such officer shall be entitled
to a public hearing before a trial board consisting of two
Washington state patrol officers of the rank of captain, and
one officer of equal rank with the officer complained of,
who shall be selected by the chief of the Washington state
patrol by lot from the roster of the patrol. In the case of
complaint by an officer, such officer shall not be a member
of the trial board. [1984 c 141 § 2; 1965 c 8 § 43.43.070.
Prior: 1943 c 205 § 3; Rem. Supp. 1943 § 6362-68.]
43.43.080 Criminal complaint—Authority to
suspend officer—Hearing. When the complaint served
upon an officer is of a criminal nature calling for the
discharge of the officer, the chief of the patrol may immediately suspend the officer without pay pending a trial board
hearing. The board shall be convened no later than fortyfive days from the date of suspension. However, this does
not preclude the granting of a mutually agreed upon exten[Title 43 RCW—page 234]
sion; in such cases the officer shall remain on suspension
without pay.
An officer complained of may waive a hearing and
accept the proposed discipline by written notice to the chief
of the patrol. [1989 c 28 § 1; 1965 c 8 § 43.43.080. Prior:
1943 c 205 § 4; Rem. Supp. 1943 § 6362-69.]
43.43.090 Procedure at hearing. At the hearing, an
administrative law judge appointed under chapter 34.12
RCW shall be the presiding officer, and shall make all
necessary rulings in the course of the hearing, but shall not
be entitled to vote.
The complainant and the officer complained of may
submit evidence, and be represented by counsel, and a full
and complete record of the proceedings, and all testimony,
shall be taken down by a stenographer.
After hearing, the findings of the trial board shall be
submitted to the chief. Such findings shall be final if the
charges are not sustained. In the event the charges are
sustained the chief may determine the proper disciplinary
action and declare it by written order served upon the officer
complained of. [1989 c 28 § 2; 1984 c 141 § 3; 1965 c 8 §
43.43.090. Prior: 1943 c 205 § 5; Rem. Supp. 1943 §
6362-70.]
43.43.100 Review of order. Any officer subjected to
disciplinary action may, within ten days after the service of
the order upon the officer, apply to the superior court of
Thurston county for a writ of review to have the reasonableness and lawfulness of the order inquired into and determined.
The superior court shall review the determination of the
chief of the Washington state patrol in a summary manner,
based upon the record of the hearing before the trial board,
and shall render its decision within ninety days, either
affirming or reversing the order of the chief, or remanding
the matter to the chief for further action. A transcript of the
trial board hearing shall be provided to the court by the state
patrol after being paid for by the officer subjected to
disciplinary action. However, if the officer prevails before
the court, the state patrol shall reimburse the officer for the
cost of the transcript. [1984 c 141 § 4; 1965 c 8 §
43.43.100. Prior: 1943 c 205 § 6; Rem. Supp. 1943 §
6362-71.]
43.43.110 Reinstatement on acquittal. If as a result
of any trial board hearing, or review proceeding, an officer
complained of is found not guilty of the charges against him,
he shall be immediately reinstated to his former position, and
be reimbursed for any loss of salary suffered by reason of
the previous disciplinary action. [1965 c 8 § 43.43.110.
Prior: 1943 c 205 § 7; Rem. Supp. 1943 § 6362-72.]
43.43.112 Private law enforcement off-duty employment—Guidelines. Washington state patrol officers may
engage in private law enforcement off-duty employment in
uniform for private benefit, subject to guidelines adopted by
the chief of the Washington state patrol. These guidelines
must ensure that the integrity and professionalism of the
Washington state patrol is preserved. Use of Washington
(2002 Ed.)
Washington State Patrol
state patrol officer’s uniforms shall be considered de minimis
use of state property. [1997 c 375 § 1.]
43.43.115 Real property—Sale of surplus at fair
market value—Distribution of proceeds. Whenever real
property owned by the state of Washington and under the
jurisdiction of the Washington state patrol is no longer
required, it may be sold at fair market value. All proceeds
received from the sale of real property, less any real estate
broker commissions, shall be deposited into the state patrol
highway account: PROVIDED, That if accounts or funds
other than the state patrol highway account have contributed
to the purchase or improvement of the real property, the
office of financial management shall determine the proportional equity of each account or fund in the property and
improvements, and shall direct the proceeds to be deposited
proportionally therein. [1993 c 438 § 1.]
43.43.120 Patrol retirement system—Definitions.
As used in the following sections, unless a different meaning
is plainly required by the context:
(1) "Retirement system" means the Washington state
patrol retirement system.
(2) "Retirement fund" means the Washington state patrol
retirement fund.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Member" means any person included in the
membership of the retirement fund.
(5) "Employee" means any commissioned employee of
the Washington state patrol.
(6)(a) "Cadet," for a person who became a member of
the retirement system after June 12, 1980, is a person who
has passed the Washington state patrol’s entry-level oral,
written, physical performance, and background examinations
and is, thereby, appointed by the chief as a candidate to be
a commissioned officer of the Washington state patrol.
(b) "Cadet," for a person who became a member of the
retirement system before June 12, 1980, is a trooper cadet,
patrol cadet, or employee of like classification, employed for
the express purpose of receiving the on-the-job training
required for attendance at the state patrol academy and for
becoming a commissioned trooper. "Like classification"
includes: Radio operators or dispatchers; persons providing
security for the governor or legislature; patrolmen; drivers’
license examiners; weighmasters; vehicle safety inspectors;
central wireless operators; and warehousemen.
(7) "Beneficiary" means any person in receipt of
retirement allowance or any other benefit allowed by this
chapter.
(8) "Regular interest" means interest compounded
annually at such rates as may be determined by the director.
(9) "Retirement board" means the board provided for in
this chapter.
(10) "Insurance commissioner" means the insurance
commissioner of the state of Washington.
(11) "Lieutenant governor" means the lieutenant governor of the state of Washington.
(12) "Service" shall mean services rendered to the state
of Washington or any political subdivisions thereof for
which compensation has been paid. Full time employment
(2002 Ed.)
43.43.112
for seventy or more hours in any given calendar month shall
constitute one month of service. An employee who is
reinstated in accordance with RCW 43.43.110 shall suffer no
loss of service for the period reinstated subject to the
contribution requirements of this chapter. Only months of
service shall be counted in the computation of any retirement
allowance or other benefit provided for herein. Years of
service shall be determined by dividing the total number of
months of service by twelve. Any fraction of a year of
service as so determined shall be taken into account in the
computation of such retirement allowance or benefit.
(13) "Prior service" shall mean all services rendered by
a member to the state of Washington, or any of its political
subdivisions prior to August 1, 1947, unless such service has
been credited in another public retirement or pension system
operating in the state of Washington.
(14) "Current service" shall mean all service as a
member rendered on or after August 1, 1947.
(15)(a) "Average final salary," for members commissioned prior to January 1, 2003, shall mean the average
monthly salary received by a member during the member’s
last two years of service or any consecutive two-year period
of service, whichever is the greater, as an employee of the
Washington state patrol; or if the member has less than two
years of service, then the average monthly salary received by
the member during the member’s total years of service.
(b) "Average final salary," for members commissioned
on or after January 1, 2003, shall mean the average monthly
salary received by a member for the highest consecutive
sixty service credit months; or if the member has less than
sixty months of service, then the average monthly salary
received by the member during the member’s total months
of service.
(16) "Actuarial equivalent" shall mean a benefit of equal
value when computed upon the basis of such mortality table
as may be adopted and such interest rate as may be determined by the director.
(17) Unless the context expressly indicates otherwise,
words importing the masculine gender shall be extended to
include the feminine gender and words importing the
feminine gender shall be extended to include the masculine
gender.
(18) "Director" means the director of the department of
retirement systems.
(19) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(20) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(21) "Contributions" means the deduction from the
compensation of each member in accordance with the
contribution rates established under chapter 41.45 RCW.
(22) "Annual increase" means as of July 1, 1999,
seventy-seven cents per month per year of service which
amount shall be increased each subsequent July 1st by three
percent, rounded to the nearest cent.
(23)(a) "Salary," for members commissioned prior to
July 1, 2001, shall exclude any overtime earnings related to
RCW 47.46.040, or any voluntary overtime, earned on or
after July 1, 2001.
(b) "Salary," for members commissioned on or after
July 1, 2001, shall exclude any overtime earnings related to
RCW 47.46.040 or any voluntary overtime, lump sum
[Title 43 RCW—page 235]
43.43.120
Title 43 RCW: State Government—Executive
payments for deferred annual sick leave, unused accumulated
vacation, unused accumulated annual leave, holiday pay, or
any form of severance pay.
(24) "Plan 2" means the Washington state patrol
retirement system plan 2, providing the benefits and funding
provisions covering commissioned employees who first
become members of the system on or after January 1, 2003.
[2001 c 329 § 3; 1999 c 74 § 1; 1983 c 81 § 1; 1982 1st
ex.s. c 52 § 24; 1980 c 77 § 1; 1973 1st ex.s. c 180 § 1;
1969 c 12 § 1; 1965 c 8 § 43.43.120. Prior: 1955 c 244 §
1; 1953 c 262 § 1; 1951 c 140 § 1; 1947 c 250 § 1; Rem.
Supp. 1947 § 6362-81.]
Effective date—2001 c 329: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 329 § 14.]
Effective date—1983 c 81: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1983." [1983 c 81 § 4.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: "The provisions of this 1969 amendatory
act are intended to be remedial and procedural and any benefits heretofore
paid to recipients hereunder pursuant to any previous act are retroactively
included and authorized as a part of this act." [1969 c 12 § 8.]
43.43.130 Retirement fund created—Membership.
(1) A Washington state patrol retirement fund is hereby
established for members of the Washington state patrol
which shall include funds created and placed under the
management of a retirement board for the payment of
retirement allowances and other benefits under the provisions
hereof.
(2) Any employee of the Washington state patrol, upon
date of commissioning, shall be eligible to participate in the
retirement plan and shall start contributing to the fund
immediately. Any employee of the Washington state patrol
employed by the state of Washington or any of its political
subdivisions prior to August 1, 1947, unless such service has
been credited in another public retirement or pension system
operating in the state of Washington shall receive full credit
for such prior service but after that date each new commissioned employee must automatically participate in the
fund. If a member shall terminate service in the patrol and
later reenter, he shall be treated in all respects as a new
employee.
(3)(a) A member who reenters or has reentered service
within ten years from the date of his termination, shall upon
completion of six months of continuous service and upon the
restoration of all withdrawn contributions, plus interest as
determined by the director, which restoration must be
completed within five years after resumption of service, be
returned to the status of membership he earned at the time
of termination.
(b) A member who does not meet the time limitations
for restoration under (a) of this subsection, may restore the
service credit destroyed by the withdrawn contributions by
paying the amount required under RCW 41.50.165(2) prior
to retirement.
(4)(a) An employee of the Washington state patrol who
becomes a member of the retirement system after June 12,
1980, and who has service as a cadet in the patrol training
[Title 43 RCW—page 236]
program may make an irrevocable election to transfer the
service to the retirement system. Any member upon making
such election shall have transferred all existing service
credited in a prior public retirement system in this state for
periods of employment as a cadet. Transfer of credit under
this subsection is contingent on completion of the transfer of
funds specified in (b) of this subsection.
(b) Within sixty days of notification of a member’s
cadet service transfer as provided in (a) of this subsection,
the department of retirement systems shall transfer the
employee’s accumulated contributions attributable to the
periods of service as a cadet, including accumulated interest.
(5) A member of the retirement system who has served
or shall serve on active federal service in the armed forces
of the United States pursuant to and by reason of orders by
competent federal authority, who left or shall leave the
Washington state patrol to enter such service, and who
within one year from termination of such active federal
service, resumes employment as a state employee, shall have
his service in such armed forces credited to him as a
member of the retirement system: PROVIDED, That no
such service in excess of five years shall be credited unless
such service was actually rendered during time of war or
emergency.
(6) An active employee of the Washington state patrol
who either became a member of the retirement system prior
to June 12, 1980, and who has prior service as a cadet in the
public employees’ retirement system may make an irrevocable election to transfer such service to the retirement system
within a period ending June 30, 1985, or, if not an active
employee on July 1, 1983, within one year of returning to
commissioned service, whichever date is later. Any member
upon making such election shall have transferred all existing
service credited in the public employees’ retirement system
which constituted service as a cadet together with the
employee’s contributions plus credited interest. If the
employee has withdrawn the employee’s contributions, the
contributions must be restored to the public employees’
retirement system before the transfer of credit can occur and
such restoration must be completed within the time limits
specified in this subsection for making the elective transfer.
(7) An active employee of the Washington state patrol
who either became a member of the retirement system prior
to June 12, 1980, or who has prior service as a cadet in the
public employees’ retirement system may make an irrevocable election to transfer such service to the retirement system
if they have not met the time limitations of subsection (6) of
this section by paying the amount required under RCW
41.50.165(2) less the contributions transferred. Any member
upon making such election shall have transferred all existing
service credited in the public employees’ retirement system
that constituted service as a cadet together with the
employee’s contributions plus credited interest. If the
employee has withdrawn the employee’s contributions, the
contributions must be restored to the public employees’
retirement system before the transfer of credit can occur and
such restoration must be completed within the time limits
specified in subsection (6) of this section for making the
elective transfer.
(8) An active employee of the Washington state patrol
may establish up to six months’ retirement service credit in
the state patrol retirement system for any period of employ(2002 Ed.)
Washington State Patrol
ment by the Washington state patrol as a cadet if service
credit for such employment was not previously established
in the public employees’ retirement system, subject to the
following:
(a) Certification by the patrol that such employment as
a cadet was for the express purpose of receiving on-the-job
training required for attendance at the state patrol academy
and for becoming a commissioned trooper.
(b) Payment by the member of employee contributions
in the amount of seven percent of the total salary paid for
each month of service to be established, plus interest at
seven percent from the date of the probationary service to
the date of payment. This payment shall be made by the
member no later than July 1, 1988.
(c) If the payment required under (b) of this subsection
was not made by July 1, 1988, the member may establish the
probationary service by paying the amount required under
RCW 41.50.165(2).
(d) A written waiver by the member of the member’s
right to ever establish the same service in the public
employees’ retirement system at any time in the future.
(9) The department of retirement systems shall make the
requested transfer subject to the conditions specified in
subsections (6) and (7) of this section or establish additional
credit as provided in subsection (8) of this section. Employee contributions and credited interest transferred shall be
credited to the employee’s account in the Washington state
patrol retirement system. [1994 c 197 § 33; 1987 c 215 § 1;
1986 c 154 § 1; 1983 c 81 § 2; 1980 c 77 § 2; 1965 c 8 §
43.43.130. Prior: 1953 c 262 § 2; 1951 c 140 § 2; 1947 c
250 § 2; Rem. Supp. 1947 § 6362-82.]
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Effective date—1987 c 215: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 215 § 3.]
Effective date—1983 c 81: See note following RCW 43.43.120.
43.43.135 Membership in more than one retirement
system. In any case where the Washington state patrol
retirement system has in existence an agreement with another
retirement system in connection with exchange of service
credit or an agreement whereby members can retain service
credit in more than one system, an employee holding
membership in, or receiving pension benefits under, any
retirement plan operated wholly or in part by an agency of
the state or political subdivision thereof, or who is by reason
of his current employment contributing to or otherwise establishing the right to receive benefits from any such retirement
plan, shall be allowed membership rights should the agreement so provide. [1965 c 8 § 43.43.135. Prior: 1951 c 140
§ 10.]
43.43.137 Reestablishment of service credit by
former members who are members of the public
employees’ retirement system—Conditions. Former
members of the retirement system established under this
chapter who are currently members of the retirement system
governed by chapter 41.40 RCW are permitted to reestablish
service credit with the system subject to the following:
(2002 Ed.)
43.43.130
(1) The former member must have separated and
withdrawn contributions from the system prior to January 1,
1966, and not returned to membership since that date;
(2) The former member must have been employed by
the department of licensing, or its predecessor agency, in a
capacity related to drivers’ license examining within thirty
days after leaving commissioned status with the state patrol;
and
(3) The former member must make payment to the
system of the contributions withdrawn with interest at the
rate set by the director from the date of withdrawal to the
date of repayment. Such payment must be made no later
than June 30, 1986. [1986 c 154 § 2.]
43.43.138 Establishing, restoring service credit.
Notwithstanding any provision to the contrary, persons who
fail to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited
membership service represented by withdrawn contributions;
or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 5.]
43.43.139 Membership while serving as state
legislator—Conditions. Any member of the retirement
system who, on or after January 1, 1995, is on leave of
absence for the purpose of serving as a state legislator, may
elect to continue to be a member of this retirement system.
The member shall continue to receive service credit subject
to the following:
(1) The member will not receive more than one month’s
service credit in a calendar month;
(2) Employer contributions shall be paid by the legislature;
(3) Contributions shall be based on the regular compensation which the member would have received had such a
member not served in the legislature;
(4) The service and compensation credit under this
section shall be granted only for periods during which the
legislature is in session; and
(5) No service credit for service as a legislator will be
allowed after a member separates from employment with the
Washington state patrol. [1997 c 123 § 1.]
43.43.142 Retirement board abolished—Transfer of
powers, duties, and functions. The retirement board
established by this chapter is abolished. All powers, duties,
and functions of the board are transferred to the director of
retirement systems. [1982 c 163 § 18.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
43.43.165 Board may receive contributions from
any source. Contributions may be received by the Washington state patrol retirement board from any public or private
source for deposit into the Washington state patrol retirement
fund, and said contributions shall be dealt with in the same
[Title 43 RCW—page 237]
43.43.165
Title 43 RCW: State Government—Executive
manner as other state patrol retirement funds and subject to
the terms of the contribution. [1965 c 8 § 43.43.165. Prior:
1955 c 244 § 4.]
43.43.220 Retirement fund—Expenses. The Washington state patrol retirement fund shall be the fund from
which shall be paid all retirement allowances or benefits in
lieu thereof which are payable as provided herein. The
expenses of operating the retirement system shall be paid
from appropriations made for the operation of the Washington state patrol. [1989 c 273 § 25; 1973 1st ex.s. c 180
§ 2; 1965 c 8 § 43.43.220. Prior: 1961 c 93 § 1; 1957 c
162 § 2; 1951 c 140 § 3; 1947 c 250 § 11; Rem. Supp. 1947
§ 6362-91.]
not apply to a member serving as chief of the Washington
state patrol.
(2) Any member who has completed twenty-five years
of credited service or has attained the age of fifty-five may
apply to retire as provided in RCW 43.43.260, by completing
and submitting an application form to the department, setting
forth at what time the member desires to be retired. [1982
1st ex.s. c 52 § 26; 1975-’76 2nd ex.s. c 116 § 1; 1969 c 12
§ 3; 1965 c 8 § 43.43.250. Prior: 1963 c 175 § 1; 1957 c
162 § 3; 1951 c 140 § 4; 1947 c 250 § 14; Rem. Supp. 1947
§ 6362-94.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: See note following RCW 43.43.120.
Severability—1989 c 273: See RCW 41.45.900.
43.43.230 Total service credit. Subject to the
provisions of RCW 43.43.260, at retirement, the total service
credited to a member shall consist of all the member’s
current service and accredited prior service. [1982 1st ex.s.
c 52 § 25; 1965 c 8 § 43.43.230. Prior: 1953 c 262 § 3;
1947 c 250 § 12; Rem. Supp. 1947 § 6362-92.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
43.43.235 Service credit for paid leave of absence.
(1) A member who is on a paid leave of absence authorized
by a member’s employer shall continue to receive service
credit as provided under the provisions of RCW 43.43.120
through 43.43.310.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve
as an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member’s
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
basic salary reported for a member who establishes service
credit under this subsection may not be greater than the
salary paid to the highest paid job class covered by the
collective bargaining agreement. [2000 c 78 § 1.]
Retroactive application—2000 c 78 § 1: "Section 1 of this act
applies on a retroactive basis to members for whom compensation and hours
were reported under the circumstances described in section 1 of this act.
Section 1 of this act may also be applied on a retroactive basis to November
23, 1987, to members for whom compensation and hours would have been
reported except for explicit instructions from the department of retirement
systems." [2000 c 78 § 2.]
43.43.240 Legal adviser. The attorney general shall
be the legal adviser of the retirement board. [1965 c 8 §
43.43.240. Prior: 1947 c 250 § 13; Rem. Supp. 1947 §
6362-93.]
43.43.250 Retirement of members. (1) Any member
who has attained the age of sixty years shall be retired on
the first day of the calendar month next succeeding that in
which said member shall have attained the age of sixty:
PROVIDED, That the requirement to retire at age sixty shall
[Title 43 RCW—page 238]
43.43.260 Benefits. Upon retirement from service as
provided in RCW 43.43.250, a member shall be granted a
retirement allowance which shall consist of:
(1) A prior service allowance which shall be equal to
two percent of the member’s average final salary multiplied
by the number of years of prior service rendered by the
member.
(2) A current service allowance which shall be equal to
two percent of the member’s average final salary multiplied
by the number of years of service rendered while a member
of the retirement system.
(3)(a) Any member commissioned prior to January 1,
2003, with twenty-five years service in the Washington state
patrol may have the member’s service in the armed forces
credited as a member whether or not the individual left the
employ of the Washington state patrol to enter such armed
forces: PROVIDED, That in no instance shall military
service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance, a member must
restore all withdrawn accumulated contributions, which
restoration must be completed on the date of the member’s
retirement, or as provided under RCW 43.43.130, whichever
occurs first: AND PROVIDED FURTHER, That this
section shall not apply to any individual, not a veteran within
the meaning of RCW 41.06.150.
(b) A member who leaves the Washington state patrol
to enter the armed forces of the United States shall be
entitled to retirement system service credit for up to five
years of military service. This subsection shall be administered in a manner consistent with the requirements of the
federal uniformed services employment and reemployment
rights act.
(i) The member qualifies for service credit under this
subsection if:
(A) Within ninety days of the member’s honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(B) The member makes the employee contributions
required under RCW 41.45.0631 and 41.45.067 within five
years of resumption of service or prior to retirement,
whichever comes sooner; or
(C) Prior to retirement and not within ninety days of the
member’s honorable discharge or five years of resumption
(2002 Ed.)
Washington State Patrol
of service the member pays the amount required under RCW
41.50.165(2).
(ii) Upon receipt of member contributions under
(b)(i)(B) of this subsection, the department shall establish the
member’s service credit and shall bill the employer for its
contribution required under RCW 41.45.060 for the period
of military service, plus interest as determined by the department.
(iii) The contributions required under (b)(i)(B) of this
subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be
estimated with reasonable certainty, the compensation reported for the member in the year prior to when the member
went on military leave.
(4) In no event shall the total retirement benefits from
subsections (1), (2), and (3) of this section, of any member
exceed seventy-five percent of the member’s average final
salary.
(5) Beginning July 1, 2001, and every year thereafter,
the department shall determine the following information for
each retired member or beneficiary whose retirement
allowance has been in effect for at least one year:
(a) The original dollar amount of the retirement allowance;
(b) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(c) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(d) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual
adjustment to the original retirement allowance and shall be
applied beginning with the July payment. In no event,
however, shall the annual adjustment:
(i) Produce a retirement allowance which is lower than
the original retirement allowance;
(ii) Exceed three percent in the initial annual adjustment; or
(iii) Differ from the previous year’s annual adjustment
by more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year’s average consumer price index for
the Seattle-Tacoma-Bremerton Washington area for urban
wage earners and clerical workers, all items, compiled by the
bureau of labor statistics, United States department of labor.
The provisions of this section shall apply to all members
presently retired and to all members who shall retire in the
future. [2002 c 27 § 3; 2001 c 329 § 4; 1994 c 197 § 34;
1982 1st ex.s. c 52 § 27; 1973 1st ex.s. c 180 § 3; 1971 ex.s.
c 278 § 1; 1969 c 12 § 4; 1965 c 8 § 43.43.260. Prior:
1963 c 175 § 2; 1957 c 162 § 4; 1955 c 244 § 2; 1951 c 140
§ 5; 1947 c 250 § 15; Rem. Supp. 1947 § 6362-95.]
Effective date—2001 c 329: See note following RCW 43.43.120.
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—1971 ex.s. c 278: "This 1971 amendatory act shall
have an effective date of July 1, 1971." [1971 ex.s. c 278 § 2.]
Construction—1969 c 12: See note following RCW 43.43.120.
(2002 Ed.)
43.43.260
43.43.263 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect
on retirement benefits under this chapter. [1983 c 283 § 5.]
43.43.264 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits
imposed by section 401(a)(17) of the federal internal revenue
code for qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 4.]
43.43.270 Retirement allowances—Members
commissioned before January 1, 2003. For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an
allowance which shall continue as long as the member lives.
(2) If a member should die while in service the
member’s lawful spouse shall be paid an allowance which
shall be equal to fifty percent of the average final salary of
the member. If the member should die after retirement the
member’s lawful spouse shall be paid an allowance which
shall be equal to the retirement allowance then payable to
the member or fifty percent of the final average salary used
in computing the member’s retirement allowance, whichever
is less. The allowance paid to the lawful spouse shall
continue as long as the spouse lives: PROVIDED, That if
a surviving spouse who is receiving benefits under this
subsection marries another member of this retirement system
who subsequently predeceases such spouse, the spouse shall
then be entitled to receive the higher of the two survivors’
allowances for which eligibility requirements were met, but
a surviving spouse shall not receive more than one survivor’s
allowance from this system at the same time under this
subsection. To be eligible for an allowance the lawful
surviving spouse of a retired member shall have been married to the member prior to the member’s retirement and
continuously thereafter until the date of the member’s death
or shall have been married to the retired member at least two
years prior to the member’s death. The allowance paid to
the lawful spouse may be divided with an ex spouse of the
member by a dissolution order as defined in RCW
41.50.500(3) incident to a divorce occurring after July 1,
2002. The dissolution order must specifically divide both
the member’s benefit and any spousal survivor benefit, and
must fully comply with RCW 41.50.670 and 41.50.700.
(3) If a member should die, either while in service or
after retirement, the member’s surviving unmarried children
under the age of eighteen years shall be provided for in the
following manner:
(a) If there is a surviving spouse, each child shall be
entitled to a benefit equal to five percent of the final average
salary of the member or retired member. The combined
benefits to the surviving spouse and all children shall not
exceed sixty percent of the final average salary of the
member or retired member; and
(b) If there is no surviving spouse or the spouse should
die, the child or children shall be entitled to a benefit equal
[Title 43 RCW—page 239]
43.43.270
Title 43 RCW: State Government—Executive
to thirty percent of the final average salary of the member or
retired member for one child and an additional ten percent
for each additional child. The combined benefits to the
children under this subsection shall not exceed sixty percent
of the final average salary of the member or retired member.
Payments under this subsection shall be prorated equally
among the children, if more than one.
(4) If a member should die in the line of duty while
employed by the Washington state patrol, the member’s
surviving children under the age of twenty years and eleven
months if attending any high school, college, university, or
vocational or other educational institution accredited or
approved by the state of Washington shall be provided for in
the following manner:
(a) If there is a surviving spouse, each child shall be
entitled to a benefit equal to five percent of the final average
salary of the member. The combined benefits to the
surviving spouse and all children shall not exceed sixty
percent of the final average salary of the member;
(b) If there is no surviving spouse or the spouse should
die, the unmarried child or children shall be entitled to
receive a benefit equal to thirty percent of the final average
salary of the member or retired member for one child and an
additional ten percent for each additional child. The combined benefits to the children under this subsection shall not
exceed sixty percent of the final average salary. Payments
under this subsection shall be prorated equally among the
children, if more than one; and
(c) If a beneficiary under this subsection reaches the age
of twenty-one years during the middle of a term of enrollment the benefit shall continue until the end of that term.
(5) The provisions of this section shall apply to members who have been retired on disability as provided in RCW
43.43.040 if the officer was a member of the Washington
state patrol retirement system at the time of such disability
retirement. [2002 c 158 § 15; 2001 c 329 § 6; 1989 c 108
§ 1; 1984 c 206 § 1; 1982 1st ex.s. c 52 § 28; 1973 2nd
ex.s. c 14 § 3; 1973 1st ex.s. c 180 § 4. Prior: 1969 c 12
§ 6; 1965 c 8 § 43.43.270; prior: 1963 c 175 § 3; 1961 c 93
§ 2; 1951 c 140 § 6; 1947 c 250 § 16; Rem. Supp. 1947 §
6362-96.]
Effective date—2001 c 329: See note following RCW 43.43.120.
Effective date—1989 c 108: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 108 § 2.]
Applicability—1984 c 206: "This act shall apply only to surviving
spouses receiving benefits under RCW 43.43.270(2) on or after March 27,
1984. No surviving spouse whose benefits under RCW 43.43.270(2) were
terminated before March 27, 1984, due to remarriage shall be governed by
this act, and this act shall neither retroactively nor prospectively restore such
terminated benefits. This act shall apply only to surviving unmarried
children receiving benefits under RCW 43.43.270 (3) or (4) on or after
March 27, 1984. No benefits shall be paid under RCW 43.43.270 (3)(b) or
(4)(b) for any period before March 27, 1984." [1984 c 206 § 2.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: See note following RCW 43.43.120.
43.43.271 Retirement allowances—Members
commissioned on or after January 1, 2003—Court-approved property settlement. (1) A member commissioned
on or after January 1, 2003, upon retirement for service as
[Title 43 RCW—page 240]
prescribed in RCW 43.43.250 or disability retirement under
RCW 43.43.040, shall elect to have the retirement allowance
paid pursuant to the following options, calculated so as to be
actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout the
member’s life. However, if the retiree dies before the total
of the retirement allowance paid to the retiree equals the
amount of the retiree’s accumulated contributions at the time
of retirement, then the balance shall be paid to the member’s
estate, or such person or persons, trust, or organization as the
retiree shall have nominated by written designation duly
executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree’s death, then to the surviving spouse; or if there
be neither such designated person or persons still living at
the time of death nor a surviving spouse, then to the retiree’s
legal representative.
(b) The department shall adopt rules that allow a
member to select a retirement option that pays the member
a reduced retirement allowance and upon death, such portion
of the member’s reduced retirement allowance as the
department by rule designates shall be continued throughout
the life of and paid to a designated person. Such person
shall be nominated by the member by written designation
duly executed and filed with the department at the time of
retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred
percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member’s
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member’s spouse as
the beneficiary. This benefit shall be calculated to be
actuarially equivalent to the benefit options available under
subsection (1) of this section unless spousal consent is not
required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3) No later than January 1, 2003, the department shall
adopt rules that allow a member additional actuarially
equivalent survivor benefit options, and shall include, but are
not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided
for in RCW 41.50.670.
(2002 Ed.)
Washington State Patrol
(ii) A member who entered into a postretirement
marriage prior to the effective date of the rules adopted
pursuant to this subsection and satisfies the conditions of
(a)(i) of this subsection shall have one year to designate their
spouse as a survivor beneficiary following the adoption of
the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a
nonspouse as survivor beneficiary shall have the opportunity
to remove the survivor designation and have their future
benefit adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this
subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall
adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who has completed at
least five years of service and the member’s divorcing
spouse be divided into two separate benefits payable over the
life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member’s benefit subsequent to the
division into two separate benefits shall be made solely to
the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the
ages provided in RCW 43.43.250(2) and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor
benefit options available in subsection (3) of this section.
Any actuarial reductions subsequent to the division into two
separate benefits shall be made solely to the separate benefit
of the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 16; 2001 c 329 § 5.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.274 Minimum retirement allowance—Annual
adjustment. Effective January 1, 2003, the minimum
retirement allowance under RCW 43.43.260 and
43.43.270(2) in effect on January 1, 2002, shall be increased
by three percent. Each January 1st thereafter, the minimum
retirement allowance of the preceding year shall be increased
(2002 Ed.)
43.43.271
by three percent. [2001 c 329 § 8; 1999 c 74 § 3; 1997 c 72
§ 1.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.278 Retirement option. By July 1, 2000, the
department of retirement systems shall adopt rules that allow
a member to select an actuarially equivalent retirement
option that pays the member a reduced retirement allowance
and upon death shall be continued throughout the life of a
lawful surviving spouse. The continuing allowance to the
lawful surviving spouse shall be subject to the yearly
increase provided by RCW 43.43.260(5). The allowance to
the lawful surviving spouse under this section, and the
allowance for an eligible child or children under RCW
43.43.270, shall not be subject to the limit for combined
benefits under RCW 43.43.270. [2001 c 329 § 9; 2000 c
186 § 9; 1999 c 74 § 4.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.280 Repayment of contributions on death or
termination of employment—Election to receive reduced
retirement allowance at age fifty-five. (1) If a member
dies before retirement, and has no surviving spouse or
children under the age of eighteen years, all contributions
made by the member, including any amount paid under
RCW 41.50.165(2), with interest as determined by the
director, less any amount identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid to
such person or persons as the member shall have nominated
by written designation duly executed and filed with the
department, or if there be no such designated person or persons, then to the member’s legal representative.
(2) If a member should cease to be an employee before
attaining age sixty for reasons other than the member’s
death, or retirement, the individual shall thereupon cease to
be a member except as provided under *RCW 43.43.130 (2)
and (3) and, the individual may withdraw the member’s
contributions to the retirement fund, including any amount
paid under RCW 41.50.165(2), with interest as determined
by the director, by making application therefor to the
department, except that: A member who ceases to be an
employee after having completed at least five years of
service shall remain a member during the period of the
member’s absence from employment for the exclusive
purpose only of receiving a retirement allowance to begin at
attainment of age sixty, however such a member may upon
written notice to the department elect to receive a reduced
retirement allowance on or after age fifty-five which allowance shall be the actuarial equivalent of the sum necessary
to pay regular retirement benefits as of age sixty: PROVIDED, That if such member should withdraw all or part of the
member’s accumulated contributions, the individual shall
thereupon cease to be a member and this subsection shall not
apply. [1994 c 197 § 35; 1991 c 365 § 32; 1987 c 215 § 2;
1982 1st ex.s. c 52 § 29; 1973 1st ex.s. c 180 § 5; 1969 c 12
§ 7; 1965 c 8 § 43.43.280. Prior: 1961 c 93 § 3; 1951 c
140 § 7; 1947 c 250 § 17; Rem. Supp. 1947 § 6363-97.]
*Reviser’s note: RCW 43.43.130 was amended by 1994 c 197 § 33
changing subsections (2) and (3) to subsections (2), (3), and (4).
[Title 43 RCW—page 241]
43.43.280
Title 43 RCW: State Government—Executive
Intent—Severability—Effective date—1994 c 197: See notes
following RCW 41.50.165.
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 215: See note following RCW 43.43.130.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: See note following RCW 43.43.120.
43.43.285 Special death benefit—Death in the
course of employment. (1) A one hundred fifty thousand
dollar death benefit shall be paid to the member’s estate, or
such person or persons, trust or organization as the member
shall have nominated by written designation duly executed
and filed with the department. If there be no such designated person or persons still living at the time of the member’s
death, such member’s death benefit shall be paid to the
member’s surviving spouse as if in fact such spouse had
been nominated by written designation, or if there be no
such surviving spouse, then to such member’s legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [1996 c 226 § 2.]
Effective date—1996 c 226: See note following RCW 41.26.048.
43.43.290 Status in case of disablement. A person
receiving benefits under RCW 43.43.040 will be a nonactive
member. If any person who is or has been receiving
benefits under RCW 43.43.040 returns or has returned to
active duty with the Washington state patrol, the person shall
become an active member of the retirement system on the
first day of reemployment. The person may acquire service
credit for the period of disablement by paying into the
retirement fund all contributions required based on the
compensation which would have been received had the
person not been disabled. To acquire service credit, the
person shall complete the required payment within five years
of return to active service or prior to retirement, whichever
occurs first. Persons who return to active service prior to
July 1, 1982, shall complete the required payment within
five years of July 1, 1982, or prior to retirement, whichever
occurs first. No service credit for the disability period may
be allowed unless full payment is made. Interest shall be
charged at the rate set by the director of retirement systems
from the date of return to active duty or from July 1, 1982,
whichever is later, until the date of payment. The Washington state patrol shall pay into the retirement system the
amount which it would have contributed had the person not
been disabled. The payment shall become due and payable,
in total, when the person makes the first payment. If the
person fails to complete the full payment required within the
time period specified, any payments made to the retirement
fund under this section shall be refunded with interest and
any payment by the Washington state patrol to the retirement
fund for this purpose shall be refunded. [1982 1st ex.s. c 52
§ 30; 1965 c 8 § 43.43.290. Prior: 1947 c 250 § 18; Rem.
Supp. 1947 § 6362-98.]
[Title 43 RCW—page 242]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
43.43.295 Accumulated contributions—Payment
upon death of member. (1) For members commissioned on
or after January 1, 2003, except as provided in RCW
11.07.010, if a member or a vested member who has not
completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member’s
credit in the retirement system at the time of such member’s
death, less any amount identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid to the
member’s estate, or such person or persons, trust, or organization as the member shall have nominated by written
designation duly executed and filed with the department. If
there be no such designated person or persons still living at
the time of the member’s death, such member’s accumulated
contributions standing to such member’s credit in the
retirement system, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid to the member’s estate, or such person or persons,
trust, or organization as the member shall have nominated by
written designation duly executed and filed with the department. If there be no such designated person or persons still
living at the time of the member’s death, such member’s
accumulated contributions standing to such member’s credit
in the retirement system, less any amount identified as owing
to an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall
be paid to the member’s surviving spouse as if in fact such
spouse had been nominated by written designation, or if
there be no such surviving spouse, then to such member’s
legal representatives.
(2) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies,
the surviving spouse or eligible child or children shall elect
to receive either:
(a) A retirement allowance computed as provided for in
RCW 43.43.260, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 43.43.278 and if the member was not eligible for
normal retirement at the date of death a further reduction
from age fifty-five or when the member could have attained
twenty-five years of service, whichever is less; if a surviving
spouse who is receiving a retirement allowance dies leaving
a child or children of the member under the age of majority,
then such child or children shall continue to receive an
allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority; if there is
no surviving spouse eligible to receive an allowance at the
time of the member’s death, such member’s child or children
under the age of majority shall receive an allowance share
and share alike calculated under this section making the assumption that the ages of the spouse and member were equal
at the time of the member’s death; or
(2002 Ed.)
Washington State Patrol
(b)(i) The member’s accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
(ii) If the member dies, one hundred fifty percent of the
member’s accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670. Any accumulated contributions
attributable to restorations made under RCW 41.50.165(2)
shall be refunded at one hundred percent.
(3) If a member who is eligible for retirement or a
member who has completed at least ten years of service dies,
and is not survived by a spouse or an eligible child, then the
accumulated contributions standing to the member’s credit,
less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member’s death, then to the
member’s legal representatives. [2001 c 329 § 7.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.310 Benefits exempt from taxation and legal
process—Assignability—Exceptions—Deductions for
group insurance premiums or for state patrol memorial
foundation contributions. (1) Except as provided in
subsections (2) and (3) of this section, the right of any
person to a retirement allowance or optional retirement
allowance under the provisions hereof and all moneys and
investments and income thereof are exempt from any state,
county, municipal, or other local tax and shall not be subject
to execution, garnishment, attachment, the operation of
bankruptcy or the insolvency laws, or other processes of law
whatsoever and shall be unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a)
a wage assignment order for child support issued pursuant to
chapter 26.18 RCW, (b) an order to withhold and deliver
issued pursuant to chapter 74.20A RCW, (c) a notice of
payroll deduction issued pursuant to RCW 26.23.060, (d) a
mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an
obligee under a dissolution order as defined in RCW
41.50.500(3) which fully complies with RCW 41.50.670 and
41.50.700, or (f) any administrative or court order expressly
authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to
prohibit a beneficiary of a retirement allowance from
authorizing deductions therefrom for payment of premiums
due on any group insurance policy or plan issued for the
benefit of a group comprised of members of the Washington
state patrol or other public employees of the state of Washington, or for contributions to the Washington state patrol
memorial foundation. [1991 c 365 § 23; 1989 c 360 § 29.
Prior: 1987 c 326 § 25; 1987 c 63 § 1; 1982 1st ex.s. c 52
(2002 Ed.)
43.43.295
§ 31; 1979 ex.s. c 205 § 8; 1977 ex.s. c 256 § 1; 1965 c 8
§ 43.43.310; prior: 1951 c 140 § 8; 1947 c 250 § 20; Rem.
Supp. 1947 § 6362-100.]
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
43.43.320 Penalty for falsification. Any person who
knowingly makes any false statement or falsifies or permits
to be falsified any record or records of the Washington state
patrol retirement fund in any attempt to defraud such fund
shall be guilty of a gross misdemeanor. [1965 c 8 §
43.43.320. Prior: 1947 c 250 § 21; Rem. Supp. 1947 §
6362-101.]
43.43.330 Examinations for promotion. Appropriate
examinations shall be conducted for the promotion of
commissioned patrol officers to the rank of sergeant and
lieutenant. The examinations shall be prepared and conducted under the supervision of the chief of the Washington state
patrol, who shall cause at least thirty days written notice
thereof to be given to all patrol officers eligible for such
examinations. The written notice shall specify the expected
type of examination and relative weights to be assigned if a
combination of tests is to be used. Examinations shall be
given once every two years, or whenever the eligible list
becomes exhausted as the case may be. After the giving of
each such examination a new eligible list shall be compiled
replacing any existing eligible list for such rank. Only
grades attained in the last examination given for a particular
rank shall be used in compiling each eligible list therefor.
The chief, or in his discretion a committee of three individuals appointed by him, shall prepare and conduct the examinations, and thereafter grade and evaluate them in accordance
with the following provisions, or factors: For promotion to
the rank of sergeant or lieutenant, the examination shall
consist of one or more of the following components: (1)
Oral examination; (2) written examination; (3) service rating;
(4) personnel record; (5) assessment center or other valid
tests that measures the skills, knowledge, and qualities
needed to perform these jobs. A cutoff score may be set for
each testing component that allows only those scoring above
the cutoff on one component to proceed to take a subsequent
component. [1993 c 155 § 1; 1985 c 4 § 1; 1969 ex.s. c 20
§ 1; 1965 c 8 § 43.43.330. Prior: 1959 c 115 § 1; 1949 c
192 § 2; Rem. Supp. 1949 § 6362-61a.]
43.43.340 Eligible list, and promotions therefrom—
Affirmative action. (1) The names of all officers who have
passed examinations satisfactorily shall be placed on an
eligible list in the order of the grade attained in the examinations. The chief, or the committee mentioned in RCW
43.43.330 at the chief’s request, may determine the lowest
examination grade which will qualify an officer for inclusion
of his or her name on an eligible list. Examination papers
shall be graded promptly and an eligible list shall be made
up immediately thereafter. All officers taking an examination shall be informed of the grade earned.
(2) After an eligible list is made up all promotions shall
be made from the five top names on the applicable list, and
[Title 43 RCW—page 243]
43.43.340
Title 43 RCW: State Government—Executive
if needed to comply with affirmative action goals three
additional names referred under subsection (3) of this
section. Not all three additional names need be promoted at
the time they are referred and they may be referred more
than once. Each officer shall be informed in writing as his
or her name is included in the top five on an eligible list or
referred under subsection (3) of this section. No officer
whose name appears within the top five on any eligible list
shall be passed over for promotion more than three times.
(3) If the vacancy to be filled is identified as part of the
state patrol’s affirmative action goals as established under its
affirmative action plan, the chief may refer for consideration
up to three additional names per vacancy of individuals who
are on the eligible list and who are members of one or more
of the protected groups under Title VII of the 1964 Civil
Rights Act and chapter 49.60 RCW, or for federal contract
compliance purposes, veterans and disabled veterans as
defined in the Vietnam Era Veterans Readjustment Act of
1974, Title 41 C.F.R., chapter 60, part 60-250.
The three additional names referred for each vacancy
shall be the top three members of the protected groups
designated by the chief for referral for that vacancy in
accordance with the state patrol’s affirmative action goals.
These names shall be drawn in rank order from the remaining names of protected group members on the eligible list,
after ranking by examination grade. For each vacancy, a
total of three supplementary names may be referred.
(4) After having qualified for promotion hereunder an
officer must pass a medical examination and must be
certified as to physical fitness to perform the duties of the
advanced position by one of three doctors designated by the
chief of the Washington state patrol.
(5) The state patrol shall consult with the human rights
commission in the development of rules pertaining to
affirmative action. The state patrol shall transmit a report
annually to the human rights commission which states the
progress the state patrol has made in meeting affirmative
action goals and timetables. [1985 c 365 § 6; 1965 c 8 §
43.43.340. Prior: 1949 c 192 § 3; Rem. Supp. 1949 §
6362-61b.]
43.43.350 Determination of eligibility for examination for promotion. Eligibility for examination for promotion shall be determined as follows:
Patrol officers with one year of probationary experience,
in addition to three years experience as a regular patrolman
before the date of the first examination occurrence, shall be
eligible for examination for the rank of sergeant; patrol
officers with one year of probationary experience in the rank
of sergeant before the date of the first examination occurrence, in addition to two years as a regular sergeant, shall
be eligible for examination for the rank of lieutenant. [1998
c 193 § 1; 1969 ex.s. c 20 § 2; 1965 c 8 § 43.43.350. Prior:
1949 c 192 § 4, part; Rem. Supp. 1949 § 6362-61c, part.]
43.43.360 Probationary period. All newly appointed
or promoted officers shall serve a probationary period of one
year after appointment or promotion, whereupon their
probationary status shall terminate, and they shall acquire
regular status in the particular grade, unless given notice in
writing to the contrary by the chief prior to the expiration of
[Title 43 RCW—page 244]
the probationary period. [1984 c 141 § 5; 1965 c 8 §
43.43.360. Prior: 1949 c 192 § 4, part; Rem. Supp. 1949 §
6362-61c, part.]
43.43.370 Staff or technical officers. The chief of
the Washington state patrol may appoint such staff or
technical officers as he deems necessary for the efficient
operation of the patrol, and he may assign whatever rank he
deems necessary to such staff or technical officers for the
duration of their service as such.
Staff or technical officers may be returned to their line
rank or position whenever the chief so desires. Staff or
technical officers without line command assignment and
whose duties are of a special or technical nature shall hold
their staff or technical rank on a continuing probationary
basis; however, such staff or technical officers, if otherwise
eligible, shall not be prevented from taking the line promotion examinations, and qualifying for promotion whenever
the examinations may be held.
If a staff or technical officer returns to line operations
he shall return in the rank that he holds in the line command, unless promoted to a higher rank through examination
and appointment as herein provided: PROVIDED, Nothing
contained herein shall be construed as giving the chief the
right to demote or to reduce the rank of any officer of the
patrol who was holding such office on April 1, 1949. [1965
c 8 § 43.43.370. Prior: 1949 c 192 § 5; Rem. Supp. 1949
§ 6362-61d.]
43.43.380 Minimum salaries. The minimum monthly
salary paid to state patrol officers shall be as follows:
Officers, three hundred dollars; staff or technical sergeants,
three hundred twenty-five dollars; line sergeants, three
hundred fifty dollars; lieutenants, three hundred seventy-five
dollars; captains, four hundred twenty-five dollars. [1965 c
8 § 43.43.380. Prior: 1949 c 192 § 6; Rem. Supp. 1949 §
6362-61e.]
43.43.390 Bicycle awareness program—Generally.
Bicycling is increasing in popularity as a form of recreation
and as an alternative mode of transportation. To make
bicycling safer, the various law enforcement agencies should
enforce traffic regulations for bicyclists. By enforcing
bicycle regulations, law enforcement officers are reinforcing
educational programs. Bicycling takes more skill than most
people realize. Since bicyclists have a low profile in traffic
and are unprotected, they need more defensive riding skills
than motorists do.
A bicycle awareness program is created within the
Washington state patrol. In developing the curriculum for
the bicycle awareness program the patrol shall consult with
the traffic safety commission and with bicycling groups
providing bicycle safety education. The patrol shall conduct
the program in conjunction with the safety education officer
program and may use other law enforcement personnel and
volunteers to implement the program for children in grades
kindergarten through six. The patrol shall ensure that each
safety educator presenting the bicycle awareness program has
received specialized training in bicycle safety education and
has been trained in effective defensive bicycle riding skills.
[1991 c 214 § 1.]
(2002 Ed.)
Washington State Patrol
Bicycle transportation management program: RCW 47.04.190.
43.43.480 Routine traffic enforcement information—Report to the legislature. (1) Beginning May 1,
2000, the Washington state patrol shall collect, and report
semiannually to the criminal justice training commission, the
following information:
(a) The number of individuals stopped for routine traffic
enforcement, whether or not a citation or warning was
issued;
(b) Identifying characteristics of the individual stopped,
including the race or ethnicity, approximate age, and gender;
(c) The nature of the alleged violation that led to the
stop;
(d) Whether a search was instituted as a result of the
stop; and
(e) Whether an arrest was made, or a written citation
issued, as a result of either the stop or the search.
(2) The criminal justice training commission and the
Washington state patrol shall compile the information
required under subsection (1) of this section and make a
report to the legislature no later than December 1, 2000.
[2000 c 118 § 1.]
Effective date—2000 c 118: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 24, 2000]." [2000 c 118 § 4.]
43.43.490 Routine traffic enforcement information—Data collection—Training materials on racial
profiling. (1) The Washington state patrol shall work with
the criminal justice training commission and the Washington
association of sheriffs and police chiefs to develop (a)
further criteria for collection and evaluation of the data
collected under RCW 43.43.480, and (b) training materials
for use by the state patrol and local law enforcement
agencies on the issue of racial profiling.
(2) The Washington state patrol, criminal justice training
commission, and Washington association of sheriffs and
police chiefs shall encourage local law enforcement agencies
to voluntarily collect the data set forth under RCW
43.43.480(1). [2000 c 118 § 2.]
Effective date—2000 c 118: See note following RCW 43.43.480.
43.43.500 Crime information center—Established—
Purpose—Functions. There is established the Washington
state crime information center to be located in the records
division of the Washington state patrol and to function under
the direction of the chief of the Washington state patrol.
The center shall serve to coordinate crime information, by
means of data processing, for all law enforcement agencies
in the state. It shall make such use of the facilities of the
law enforcement teletype system as is practical. It shall
provide access to the national crime information center, to
motor vehicle and driver license information, to the sex
offender central registry, and to such other public records as
may be accessed by data processing and which are pertinent
to law enforcement. [1998 c 67 § 1; 1967 ex.s. c 27 § 1.]
Effective date—1998 c 67: "This act takes effect June 30, 1999."
[1998 c 67 § 3.]
(2002 Ed.)
43.43.390
43.43.510 Crime information center—Files of
general assistance to law enforcement agencies established. As soon as is practical and feasible there shall be
established, by means of data processing, files listing stolen
and wanted vehicles, outstanding warrants, identifying
children whose parents, custodians, or legal guardians have
reported as having run away from home or the custodial
residence, identifiable stolen property, files maintaining the
central registry of sex offenders required to register under
chapter 9A.44 RCW, and such other files as may be of
general assistance to law enforcement agencies. [1998 c 67
§ 2; 1995 c 312 § 45; 1967 ex.s. c 27 § 2.]
Effective date—1998 c 67: See note following RCW 43.43.500.
Short title—1995 c 312: See note following RCW 13.32A.010.
43.43.530 Crime information center—Cost of
terminal facilities. The cost of additional terminal facilities
necessary to gain access to the Washington state crime information center shall be borne by the respective agencies
operating the terminal facilities. [1967 ex.s. c 27 § 4.]
43.43.540 Sex offenders and kidnapping offenders—
Central registry—Reimbursement to counties. The
county sheriff shall (1) forward the information, photographs,
and fingerprints obtained pursuant to RCW 9A.44.130,
including any notice of change of address, to the Washington
state patrol within five working days; and (2) upon implementation of RCW 4.24.550(5)(a), forward any information
obtained pursuant to RCW 9A.44.130 that is necessary to
operate the registered sex offender web site described in
RCW 4.24.550(5)(a) to the Washington association of
sheriffs and police chiefs within five working days of
receiving the information, including any notice of change of
address or change in risk level notification. The state patrol
shall maintain a central registry of sex offenders and
kidnapping offenders required to register under RCW
9A.44.130 and shall adopt rules consistent with chapters
10.97, 10.98, and 43.43 RCW as are necessary to carry out
the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330. The
Washington state patrol shall reimburse the counties for the
costs of processing the offender registration, including taking
the fingerprints and the photographs. [2002 c 118 § 2; 1998
c 220 § 4; 1997 c 113 § 6; 1990 c 3 § 403.]
Conflict with federal requirements—2002 c 118: See note
following RCW 4.24.550.
Severability—1998 c 220: See note following RCW 9A.44.130.
Findings—1997 c 113: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Sex offense and kidnapping offense defined: RCW 9A.44.130.
43.43.550 Traffic safety education officers—
Powers—Pay and reimbursement. (1) The chief of the
Washington state patrol shall designate twenty-four or more
officers as traffic safety education officers. The chief of the
Washington state patrol shall make the designations in a
manner designed to ensure that the programs under subsection (2) of this section are reasonably available in all areas
of the state.
[Title 43 RCW—page 245]
43.43.550
Title 43 RCW: State Government—Executive
(2) The chief of the Washington state patrol may permit
these traffic safety education officers to appear in their offduty hours in uniform to give programs in schools or the
community on the duties of the state patrol, traffic safety, or
crime prevention.
(3) The traffic safety education officers may accept such
pay and reimbursement of expenses as are approved by the
state patrol from the sponsoring organization.
(4) The state patrol is encouraged to work with community organizations to set up these programs statewide. [1984
c 217 § 1.]
(3) Counties or local agencies that purchased or signed
a contract to purchase an automatic fingerprint identification
system prior to January 1, 1987, are exempt from the
requirements of this section. The Washington state patrol
shall charge fees for processing latent fingerprints submitted
to the patrol by counties or local jurisdictions exempted from
the requirements of this section. The fees shall cover, as
nearly as practicable, the direct and indirect costs to the
patrol of processing such fingerprints.
(4) The Washington state patrol shall adopt rules to
implement this section. [1987 c 450 § 1.]
43.43.560 Automatic fingerprint information
system—Report. (1) To support criminal justice services in
the local communities throughout this state, the state patrol
shall develop a plan for and implement an automatic
fingerprint information system. In implementing the
automatic fingerprint information system, the state patrol
shall either purchase or lease the appropriate computer
systems. If the state patrol leases a system, the lease
agreement shall include purchase options. The state patrol
shall procure the most efficient system available.
(2) The state patrol shall report on the automatic
fingerprint information system to the legislature no later than
January 1, 1987. The report shall include a time line for
implementing each stage, a local agency financial participation analysis, a system analysis, a full cost/purchase analysis,
a vendor bid evaluation, and a space location analysis that
includes a site determination. The state patrol shall coordinate the preparation of this report with the office of financial
management. [1986 c 196 § 1.]
43.43.600 Drug control assistance unit—Created.
There is hereby created in the Washington state patrol a drug
control assistance unit. [1970 ex.s. c 63 § 1.]
43.43.565 Automatic fingerprint information system
account. (1) The automatic fingerprint information system
account is established in the custody of the state treasurer.
Moneys in the account may be spent only for the purposes
of purchasing or leasing automatic fingerprint information
systems after appropriation by the legislature.
(2) Any moneys received by the state from bureau of
justice assistance grants shall be deposited in the automatic
fingerprint information system account if not inconsistent
with the terms of the grant. [1986 c 196 § 2.]
43.43.570 Automatic fingerprint identification
system—Conditions for local establishment or operation—Exemption—Rules. (1) No local law enforcement
agency may establish or operate an automatic fingerprint
identification system unless:
(a) Both the hardware and software of the local system
are compatible with the state system under RCW 43.43.560;
and
(b) The local system is equipped to receive and answer
inquiries from the Washington state patrol automatic fingerprint identification system and transmit data to the Washington state patrol automatic fingerprint identification system.
(2) A local law enforcement agency operating an
automatic fingerprint identification system shall transmit data
on fingerprint entries to the Washington state patrol electronically by computer. This requirement shall be in addition to
those under RCW 10.98.050 and 43.43.740.
[Title 43 RCW—page 246]
43.43.610 Drug control assistance unit—Duties.
The drug control assistance unit shall provide investigative
assistance for the purpose of enforcement of the provisions
of chapter 69.40 RCW. [1983 c 3 § 107; 1980 c 69 § 1;
1970 ex.s. c 63 § 2.]
43.43.620 Drug control assistance unit—Additional
duties—Information system on violations—Inter-unit
communications network. The drug control assistance unit
shall:
(1) Establish a record system to coordinate with all law
enforcement agencies in the state a comprehensive system of
information concerning violations of the narcotic and drug
laws.
(2) Provide a communications network capable of
interconnecting all offices and investigators of the unit.
[1970 ex.s. c 63 § 3.]
43.43.630 Drug control assistance unit—Use of
existing facilities and systems. In order to maximize the
efficiency and effectiveness of state resources, the drug
control assistance unit shall, where feasible, use existing
facilities and systems. [1970 ex.s. c 63 § 4.]
43.43.640 Drug control assistance unit—Certain
investigators exempt from state civil service act. Any
investigators employed pursuant to RCW 43.43.610 shall be
exempt from the state civil service act, chapter 41.06 RCW.
[1980 c 69 § 3; 1970 ex.s. c 63 § 5.]
43.43.650 Drug control assistance unit—
Employment of necessary personnel. The chief of the
Washington state patrol may employ such criminalists,
chemists, clerical and other personnel as are necessary for
the conduct of the affairs of the drug control assistance unit.
[1970 ex.s. c 63 § 6.]
43.43.655 Drug control assistance unit—Special
narcotics enforcement unit. A special narcotics enforcement unit is established within the Washington state patrol
drug control assistance unit. The unit shall be coordinated
between the Washington state patrol, the attorney general,
and the Washington association of sheriffs and police chiefs.
The initial unit shall consist of attorneys, investigators, and
(2002 Ed.)
Washington State Patrol
the necessary accountants and support staff. It is the
responsibility of the unit to: (1) Conduct criminal narcotic
profiteering investigations and assist with prosecutions, (2)
train local undercover narcotic agents, and (3) coordinate
federal, state, and local interjurisdictional narcotic investigations. [1989 c 271 § 235.]
Reviser’s note: 1989 c 271 § 235 directed that this section be added
to chapter 9A.82 RCW. Since this placement appears inappropriate, this
section has been codified in chapter 43.43 RCW.
Severability—1989 c 271: See note following RCW 9.94A.510.
43.43.670 Bureau of forensic laboratory services—
Powers—Priorities. (1) There is created in the Washington
state patrol a bureau of forensic laboratory services system
which is authorized to:
(a) Provide laboratory services for the purpose of
analyzing and scientifically handling any physical evidence
relating to any crime.
(b) Provide training assistance for local law enforcement
personnel.
(c) Provide all necessary toxicology services requested
by all coroners, medical examiners, and prosecuting attorneys.
(2) The bureau of forensic laboratory services shall
assign priority to a request for services with due regard to
whether the case involves criminal activity against persons.
The Washington state forensic investigations council shall
assist the bureau of forensic laboratory services in devising
policies to promote the most efficient use of laboratory
services consistent with this section. The forensic investigations council shall be actively involved in the preparation of
the bureau of forensic laboratory services budget and shall
approve the bureau of forensic laboratory services budget
prior to its formal submission by the state patrol to the office
of financial management pursuant to RCW 43.88.030. [1999
c 40 § 6; 1995 c 398 § 1; 1980 c 69 § 2.]
Effective date—1999 c 40: See note following RCW 43.103.010.
43.43.680 Controlled substance, simulator solution
analysis—Prima facie evidence. (1) In all prosecutions
involving the analysis of a controlled substance or a sample
of a controlled substance by the crime laboratory system of
the state patrol, a certified copy of the analytical report
signed by the supervisor of the state patrol’s crime laboratory or the forensic scientist conducting the analysis is prima
facie evidence of the results of the analytical findings.
(2) The defendant or a prosecutor may subpoena the
forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the
issue at no cost to the defendant, if the subpoena is issued at
least ten days prior to the trial date.
(3) In all prosecutions involving the analysis of a
certified simulator solution by the Washington state toxicology laboratory of the University of Washington, a certified
copy of the analytical report signed by the state toxicologist
or the toxicologist conducting the analysis is prima facie
evidence of the results of the analytical findings, and of
certification of the simulator solution used in the BAC
verifier datamaster or any other alcohol/breath-testing
equipment subsequently adopted by rule.
(2002 Ed.)
43.43.655
(4) The defendant of a prosecution may subpoena the
toxicologist who conducted the analysis of the simulator
solution to testify at the preliminary hearing and trial of the
issue at no cost to the defendant, if thirty days prior to
issuing the subpoena the defendant gives the state toxicologist notice of the defendant’s intention to require the
toxicologist’s appearance. [1994 c 271 § 501; 1992 c 129 §
1.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
43.43.690 Crime laboratory analysis—Guilty
persons to pay fee. (1) When a person has been adjudged
guilty of violating any criminal statute of this state and a
crime laboratory analysis was performed by a state crime
laboratory, in addition to any other disposition, penalty, or
fine imposed, the court shall levy a crime laboratory analysis
fee of one hundred dollars for each offense for which the
person was convicted. Upon a verified petition by the
person assessed the fee, the court may suspend payment of
all or part of the fee if it finds that the person does not have
the ability to pay the fee.
(2) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
would constitute a violation of any criminal statute of this
state and a crime laboratory analysis was performed, in
addition to any other disposition imposed, the court shall
assess a crime laboratory analysis fee of one hundred dollars
for each adjudication. Upon a verified petition by a minor
assessed the fee, the court may suspend payment of all or
part of the fee [if] it finds that the minor does not have the
ability to pay the fee.
(3) All crime laboratory analysis fees assessed under
this section shall be collected by the clerk of the court and
forwarded to the state general fund, to be used only for
crime laboratories. The clerk may retain five dollars to
defray the costs of collecting the fees. [1992 c 129 § 2.]
43.43.700 Identification, child abuse, vulnerable
adult abuse, and criminal history section—Generally.
There is hereby established within the Washington state
patrol a section on identification, child abuse, vulnerable
adult abuse, and criminal history hereafter referred to as the
section.
In order to aid the administration of justice the section
shall install systems for the identification of individuals,
including the fingerprint system and such other systems as
the chief deems necessary. The section shall keep a complete record and index of all information received in convenient form for consultation and comparison.
The section shall obtain from whatever source available
and file for record the fingerprints, palmprints, photographs,
or such other identification data as it deems necessary, of
persons who have been or shall hereafter be lawfully arrested
and charged with, or convicted of any criminal offense. The
section may obtain like information concerning persons
arrested for or convicted of crimes under the laws of another
state or government.
The section shall also contain like information concerning persons, over the age of eighteen years, who have been
found to have physically abused or sexually abused or
[Title 43 RCW—page 247]
43.43.700
Title 43 RCW: State Government—Executive
exploited a child pursuant to a dependency proceeding under
chapter 13.34 RCW, or to have abused or financially
exploited a vulnerable adult pursuant to a protection proceeding under chapter 74.34 RCW. [1998 c 141 § 2; 1989 c 334
§ 6; 1987 c 486 § 9; 1985 c 201 § 7; 1984 c 17 § 17; 1972
ex.s. c 152 § 1.]
43.43.705 Identification data—Processing procedure—Definitions. Upon the receipt of identification data
from criminal justice agencies within this state, the section
shall immediately cause the files to be examined and upon
request shall promptly return to the contributor of such data
a transcript of the record of previous arrests and dispositions
of the persons described in the data submitted.
Upon application, the section shall furnish to criminal
justice agencies, or to the department of social and health
services, hereinafter referred to as the "department", a
transcript of the criminal offender record information, dependency record information, or protection proceeding record
information available pertaining to any person of whom the
section has a record.
For the purposes of RCW 43.43.700 through 43.43.785
the following words and phrases shall have the following
meanings:
"Criminal offender record information" includes, and
shall be restricted to identifying data and public record
information recorded as the result of an arrest or other
initiation of criminal proceedings and the consequent
proceedings related thereto. "Criminal offender record
information" shall not include intelligence, analytical, or
investigative reports and files.
"Criminal justice agencies" are those public agencies
within or outside the state which perform, as a principal
function, activities directly relating to the apprehension,
prosecution, adjudication or rehabilitation of criminal offenders.
"Dependency record information" includes and shall be
restricted to identifying data regarding a person, over the age
of eighteen, who was a party to a dependency proceeding
brought under chapter 13.34 RCW and who has been found,
pursuant to such dependency proceeding, to have sexually
abused or exploited or physically abused a child.
"Protection proceeding record information" includes and
shall be restricted to identifying data regarding a person,
over eighteen, who was a respondent to a protection proceeding brought under chapter 74.34 RCW and who has been
found pursuant to such a proceeding to have abused or
financially exploited a vulnerable adult.
The section may refuse to furnish any information
pertaining to the identification or history of any person or
persons of whom it has a record, or other information in its
files and records, to any applicant if the chief determines
that the applicant has previously misused information
furnished to such applicant by the section or the chief
believes that the applicant will not use the information
requested solely for the purpose of due administration of the
criminal laws or for the purposes enumerated in *RCW
43.43.760(3). The applicant may appeal such determination
by notifying the chief in writing within thirty days. The
hearing shall be before an administrative law judge appointed under chapter 34.12 RCW and in accordance with
[Title 43 RCW—page 248]
procedures for adjudicative proceedings under chapter 34.05
RCW. [1999 c 151 § 1101; 1989 c 334 § 7; 1987 c 486 §
10; 1985 c 201 § 8; 1977 ex.s. c 314 § 14; 1972 ex.s. c 152
§ 2.]
*Reviser’s note: RCW 43.43.760 was amended by 2001 c 217 § 3,
changing subsection (3) to subsection (4).
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
43.43.710 Availability of information. Information
contained in the files and records of the section relative to
the commission of any crime by any person shall be considered privileged and shall not be made public or disclosed for
any personal purpose or in any civil court proceedings
except upon a written order of the judge of a court wherein
such civil proceedings are had. All information contained in
the files of the section relative to criminal records and
personal histories of persons arrested for the commission of
a crime shall be available to all criminal justice agencies
upon the filing of an application as provided in RCW
43.43.705.
Although no application for information has been made
to the section as provided in RCW 43.43.705, the section
may transmit such information in the chief’s discretion, to
such agencies as are authorized by RCW 43.43.705 to make
application for it. [1995 c 369 § 13; 1987 c 486 § 11; 1986
c 266 § 87; 1985 c 201 § 9; 1979 ex.s. c 36 § 7. Prior:
1977 ex.s. c 314 § 15; 1977 ex.s. c 30 § 1; 1972 ex.s. c 152
§ 3.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.715 Identification—Cooperation with other
criminal justice agencies. The section shall, consistent with
the procedures set forth in chapter 152, Laws of 1972 ex.
sess., cooperate with all other criminal justice agencies, and
the department, within or without the state, in an exchange
of information regarding convicted criminals and those suspected of or wanted for the commission of crimes, and
persons who are the subject of dependency record information or protection proceeding record information, to the end
that proper identification may rapidly be made and the ends
of justice served. [1989 c 334 § 8; 1985 c 201 § 10; 1972
ex.s. c 152 § 4.]
43.43.720 Local identification and records systems—Assistance. At the request of any criminal justice
agency within this state, the section may assist such agency
in the establishment of local identification and records
systems. [1972 ex.s. c 152 § 5.]
43.43.725 Records as evidence. Any copy of a
criminal offender record, photograph, fingerprint, or other
paper or document in the files of the section, including
dependency record information, certified by the chief or his
designee to be a true and complete copy of the original or of
information on file with the section, shall be admissible in
evidence in any court of this state pursuant to the provisions
of RCW 5.44.040. [1985 c 201 § 11; 1972 ex.s. c 152 § 6.]
(2002 Ed.)
Washington State Patrol
43.43.730 Records—Inspection—Requests for purge
or modification—Appeals. (1) Any individual shall have
the right to inspect criminal offender record information, or
dependency record information, on file with the section
which refers to him. If an individual believes such information to be inaccurate or incomplete, he may request the
section to purge, modify or supplement it and to advise such
persons or agencies who have received his record and whom
the individual designates to modify it accordingly. Should
the section decline to so act, or should the individual believe
the section’s decision to be otherwise unsatisfactory, the
individual may appeal such decision to the superior court in
the county in which he is resident, or the county from which
the disputed record emanated or Thurston county. The court
shall in such case conduct a de novo hearing, and may order
such relief as it finds to be just and equitable.
(2) The section may prescribe reasonable hours and a
place for inspection, and may impose such additional
restrictions, including fingerprinting, as are reasonably
necessary both to assure the record’s security and to verify
the identities of those who seek to inspect them: PROVIDED, That the section may charge a reasonable fee for
fingerprinting. [1985 c 201 § 12; 1977 ex.s. c 314 § 16;
1972 ex.s. c 152 § 7.]
43.43.735 Photographing and fingerprinting—
Powers and duties of law enforcement agencies, department of licensing, and courts—Other data. (1) It shall be
the duty of the sheriff or director of public safety of every
county, and the chief of police of every city or town, and of
every chief officer of other law enforcement agencies duly
operating within this state, to cause the photographing and
fingerprinting of all adults and juveniles lawfully arrested for
the commission of any criminal offense constituting a felony
or gross misdemeanor. (a) When such juveniles are brought
directly to a juvenile detention facility, the juvenile court
administrator is also authorized, but not required, to cause
the photographing, fingerprinting, and record transmittal to
the appropriate law enforcement agency; and (b) a further
exception may be made when the arrest is for a violation
punishable as a gross misdemeanor and the arrested person
is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff
or director of public safety of every county, and the chief of
police of every city or town, and every chief officer of other
law enforcement agencies operating within this state to
photograph and record the fingerprints of all adults lawfully
arrested, all persons who are the subject of dependency
record information, or all persons who are the subject of
protection proceeding record information.
(3) Such sheriffs, directors of public safety, chiefs of
police, and other chief law enforcement officers, may record,
in addition to photographs and fingerprints, the palmprints,
soleprints, toeprints, or any other identification data of all
persons whose photograph and fingerprints are required or
allowed to be taken under this section, all persons who are
the subject of dependency record information, or all persons
who are the subject of protection proceeding record information, when in the discretion of such law enforcement officers
it is necessary for proper identification of the arrested person
or the investigation of the crime with which he is charged.
(2002 Ed.)
43.43.730
(4) It shall be the duty of the department of health or
the court having jurisdiction over the dependency action and
protection proceedings under chapter 74.34 RCW to cause
the fingerprinting of all persons who are the subject of a
disciplinary board final decision, dependency record information, protection proceeding record information, or to obtain
other necessary identifying information, as specified by the
section in rules adopted under chapter 34.05 RCW to carry
out the provisions of this subsection.
(5) The court having jurisdiction over the dependency
or protection proceeding action may obtain and record, in
addition to fingerprints, the photographs, palmprints,
soleprints, toeprints, or any other identification data of all
persons who are the subject of dependency record information or protection proceeding record information, when in the
discretion of the court it is necessary for proper identification
of the person. [1991 c 3 § 297. Prior: 1989 c 334 § 9;
1989 c 6 § 2; prior: 1987 c 486 § 12; 1987 c 450 § 2; 1985
c 201 § 13; 1972 ex.s. c 152 § 8.]
43.43.740 Photographing and fingerprinting—
Transmittal of data—Compliance audits. (1) It shall be
the duty of the sheriff or director of public safety of every
county, and the chief of police of every city or town, and of
every chief officer of other law enforcement agencies duly
operating within this state to furnish within seventy-two
hours from the time of arrest to the section the required sets
of fingerprints together with other identifying data as may be
prescribed by the chief, of any person lawfully arrested,
fingerprinted, and photographed pursuant to RCW 43.43.735.
(2) Law enforcement agencies may retain and file copies
of the fingerprints, photographs, and other identifying data
and information obtained pursuant to RCW 43.43.735. Said
records shall remain in the possession of the law enforcement agency as part of the identification record and are not
returnable to the subjects thereof.
(3) It shall be the duty of the court having jurisdiction
over the dependency action to furnish dependency record
information, obtained pursuant to RCW 43.43.735, to the
section within seven days, excluding Saturdays, Sundays, and
holidays, from the date that the court enters a finding,
pursuant to a dependency action brought under chapter 13.34
RCW, that a person over the age of eighteen, who is a party
to the dependency action, has sexually abused or exploited
or physically abused a child.
(4) The court having jurisdiction over the dependency
or protection proceeding action may retain and file copies of
the fingerprints, photographs, and other identifying data and
information obtained pursuant to RCW 43.43.735. These
records shall remain in the possession of the court as part of
the identification record and are not returnable to the
subjects thereof.
(5) It shall be the duty of a court having jurisdiction
over the protection proceeding to furnish protection proceeding record information, obtained under RCW 43.43.735 to
the section within seven days, excluding Saturdays, Sundays,
and holidays, from the date that the court enters a final order
pursuant to a protection proceeding brought under chapter
74.34 RCW, that a person over the age of eighteen, who is
the respondent to the protection proceeding, has abused or
[Title 43 RCW—page 249]
43.43.740
Title 43 RCW: State Government—Executive
financially exploited a vulnerable adult as that term is
defined in RCW 43.43.830.
(6) The section shall administer periodic compliance
audits for the department of licensing and each court having
jurisdiction over dependency and protection proceeding
actions as defined in chapters 13.34 and 74.34 RCW,
respectively. Such audits shall ensure that all dependency
record information regarding persons over the age of
eighteen years has been furnished to the section as required
in subsection (3) of this section. [1989 c 334 § 10. Prior:
1987 c 486 § 13; 1987 c 450 § 3; 1985 c 201 § 14; 1972
ex.s. c 152 § 9.]
43.43.742 Submission of fingerprints taken from
persons for noncriminal purposes—Fees. The Washington
state patrol shall adopt rules concerning submission of
fingerprints taken by local agencies after July 26, 1987, from
persons for license application or other noncriminal purposes. The Washington state patrol may charge fees for
submission of fingerprints which will cover as nearly as
practicable the direct and indirect costs to the Washington
state patrol of processing such submission. [1987 c 450 §
4.]
43.43.745 Convicted persons, fingerprinting required, records—Furloughs, information to section,
notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local
agencies—Registration of sex offenders. (1) It shall be the
duty of the sheriff or director of public safety of every
county, of the chief of police of each city or town, or of
every chief officer of other law enforcement agencies
operating within this state, to record the fingerprints of all
persons held in or remanded to their custody when convicted
of any crime as provided for in RCW 43.43.735 for which
the penalty of imprisonment might be imposed and to
disseminate and file such fingerprints in the same manner as
those recorded upon arrest pursuant to RCW 43.43.735 and
43.43.740.
(2) Every time the secretary authorizes a furlough as
provided for in RCW 72.66.012 the department of corrections shall notify, thirty days prior to the beginning of such
furlough, the sheriff or director of public safety of the
county to which the prisoner is being furloughed, the nearest
Washington state patrol district facility in the county wherein
the furloughed prisoner is to be residing, and other similar
criminal justice agencies that the named prisoner has been
granted a furlough, the place to which furloughed, and the
dates and times during which the prisoner will be on
furlough status. In the case of an emergency furlough the
thirty-day time period shall not be required but notification
shall be made as promptly as possible and before the
prisoner is released on furlough.
(3) Disposition of the charge for which the arrest was
made shall be reported to the section at whatever stage in the
proceedings a final disposition occurs by the arresting law
enforcement agency, county prosecutor, city attorney, or
court having jurisdiction over the offense: PROVIDED,
That the chief shall promulgate rules pursuant to chapter
34.05 RCW to carry out the provisions of this subsection.
[Title 43 RCW—page 250]
(4) Whenever a person serving a sentence for a term of
confinement in a state correctional facility for convicted
felons, pursuant to court commitment, is released on an order
of the state indeterminate sentence review board, or is discharged from custody on expiration of sentence, the department of corrections shall promptly notify the sheriff or
director of public safety, the nearest Washington state patrol
district facility, and other similar criminal justice agencies
that the named person has been released or discharged, the
place to which such person has been released or discharged,
and the conditions of his or her release or discharge.
Local law enforcement agencies shall require persons
convicted of sex offenses to register pursuant to RCW
9A.44.130. In addition, nothing in this section shall be
construed to prevent any local law enforcement authority
from recording the residency and other information concerning any convicted felon or other person convicted of a
criminal offense when such information is obtained from a
source other than from registration pursuant to RCW
9A.44.130 which source may include any officer or other
agency or subdivision of the state.
(5) The existence of the notice requirement in subsection (2) of this section will not require any extension of the
release date in the event the release plan changes after
notification. [1994 c 129 § 7; 1993 c 24 § 1; 1990 c 3 §
409; 1985 c 346 § 6; 1973 c 20 § 1; 1972 ex.s. c 152 § 10.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Construction—Prior rules and regulations—1973 c 20: See note
following RCW 72.66.010.
43.43.750 Use of force to obtain identification
information—Liability. In exercising their duties and
authority under RCW 43.43.735 and 43.43.740, the sheriffs,
directors of public safety, chiefs of police, and other chief
law enforcement officers, may, consistent with constitutional
and legal requirements, use such reasonable force as is
necessary to compel an unwilling person to submit to being
photographed, or fingerprinted, or to submit to any other
identification procedure, except interrogation, which will
result in obtaining physical evidence serving to identify such
person. No one having the custody of any person subject to
the identification procedures provided for in chapter 152,
Laws of 1972 ex. sess., and no one acting in his aid or under
his direction, and no one concerned in such publication as is
provided for in RCW 43.43.740, shall incur any liability,
civil or criminal, for anything lawfully done in the exercise
of the provisions of chapter 152, Laws of 1972 ex. sess.
[1972 ex.s. c 152 § 11.]
43.43.752 DNA identification system—Plan—
Report. (1) To support criminal justice services in the local
communities throughout this state, the state patrol in consultation with the University of Washington school of medicine
shall develop a plan for and establish a DNA identification
system. In implementing the plan, the state patrol shall
purchase the appropriate equipment and supplies. The state
patrol shall procure the most efficient equipment available.
(2002 Ed.)
Washington State Patrol
(2) The DNA identification system as established shall
be compatible with that utilized by the federal bureau of
investigation.
(3) The state patrol and the University of Washington
school of medicine shall report on the DNA identification
system to the legislature no later than November 1, 1989.
The report shall include a timeline for implementing each
stage, a local agency financial participation analysis, a
system analysis, a full cost/purchase analysis, a vendor bid
evaluation, and a space location analysis that includes a site
determination. The state patrol shall coordinate the preparation of this report with the office of financial management.
[1989 c 350 § 2.]
Funding limitations—1989 c 350: "Any moneys received by the
state from the federal bureau of justice assistance shall be used to conserve
state funds if not inconsistent with the terms of the grant. To the extent that
federal funds are available for the purposes of this act, state funds
appropriated in this section shall lapse and revert to the general fund."
[1989 c 350 § 8.]
43.43.753 Findings—DNA identification system—
DNA data base—DNA data bank. The legislature finds
that recent developments in molecular biology and genetics
have important applications for forensic science. It has been
scientifically established that there is a unique pattern to the
chemical structure of the deoxyribonucleic acid (DNA)
contained in each cell of the human body. The process for
identifying this pattern is called "DNA identification."
The legislature further finds that DNA data bases are
important tools in criminal investigations, in the exclusion of
individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts. It is the policy of this
state to assist federal, state, and local criminal justice and
law enforcement agencies in both the identification and
detection of individuals in criminal investigations and the
identification and location of missing and unidentified
persons. Therefore, it is in the best interest of the state to
establish a DNA data base and DNA data bank containing
DNA samples submitted by persons convicted of felony
offenses and DNA samples necessary for the identification
of missing persons and unidentified human remains.
The legislature further finds that the DNA identification
system used by the federal bureau of investigation and the
Washington state patrol has no ability to predict genetic
disease or predisposal to illness. Nonetheless, the legislature
intends that biological samples collected under RCW
43.43.754, and DNA identification data obtained from the
samples, be used only for purposes related to criminal
investigation, identification of human remains or missing
persons, or improving the operation of the system authorized
under RCW 43.43.752 through 43.43.758. [2002 c 289 § 1;
1989 c 350 § 1.]
Severability—2002 c 289: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 289 § 7.]
Effective date—2002 c 289: "This act takes effect July 1, 2002."
[2002 c 289 § 9.]
43.43.7532 DNA identification system—DNA data
base account. The state DNA data base account is created
in the custody of the state treasurer. All receipts under
RCW 43.43.7541 must be deposited into the account.
(2002 Ed.)
43.43.752
Expenditures from the account may be used only for creation, operation, and maintenance of the DNA data base
under RCW 43.43.754. Only the chief of the Washington
state patrol or the chief’s designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation
is not required for expenditures. [2002 c 289 § 5.]
Severability—Effective date—2002 c 289: See notes following
RCW 43.43.753.
43.43.754 DNA identification system—Biological
samples—Collection, use, testing—Scope and application
of section. (1) Every adult or juvenile individual convicted
of a felony, stalking under RCW 9A.46.110, harassment
under RCW 9A.46.020, communicating with a minor for
immoral purposes under RCW 9.68A.090, or adjudicated
guilty of an equivalent juvenile offense must have a biological sample collected for purposes of DNA identification
analysis in the following manner:
(a) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who do not serve
a term of confinement in a department of corrections facility,
and do serve a term of confinement in a city or county jail
facility, the city or county shall be responsible for obtaining
the biological samples either as part of the intake process
into the city or county jail or detention facility for those
persons convicted on or after July 1, 2002, or within a
reasonable time after July 1, 2002, for those persons incarcerated before July 1, 2002, who have not yet had a biological sample collected, beginning with those persons who will
be released the soonest.
(b) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who do not serve
a term of confinement in a department of corrections facility,
and do not serve a term of confinement in a city or county
jail facility, the local police department or sheriff’s office is
responsible for obtaining the biological samples after
sentencing on or after July 1, 2002.
(c) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense, who are serving
or who are to serve a term of confinement in a department
of corrections facility or a department of social and health
services facility, the facility holding the person shall be
responsible for obtaining the biological samples either as part
of the intake process into such facility for those persons
convicted on or after July 1, 2002, or within a reasonable
time after July 1, 2002, for those persons incarcerated before
July 1, 2002, who have not yet had a biological sample
collected, beginning with those persons who will be released
the soonest.
(2) Any biological sample taken pursuant to RCW
43.43.752 through 43.43.758 may be retained by the forensic
laboratory services bureau, and shall be used solely for the
purpose of providing DNA or other tests for identification
analysis and prosecution of a criminal offense or for the
identification of human remains or missing persons. Nothing
in this section prohibits the submission of results derived
from the biological samples to the federal bureau of investigation combined DNA index system.
(3) The director of the forensic laboratory services
bureau of the Washington state patrol shall perform testing
on all biological samples collected under subsection (1) of
[Title 43 RCW—page 251]
43.43.754
Title 43 RCW: State Government—Executive
this section, to the extent allowed by funding available for
this purpose. The director shall give priority to testing on
samples collected from those adults or juveniles convicted of
a felony or adjudicated guilty of an equivalent juvenile
offense that is defined as a sex offense or a violent offense
in RCW 9.94A.030.
(4) This section applies to all adults who are convicted
of a sex or violent offense after July 1, 1990; and to all
adults who were convicted of a sex or violent offense on or
prior to July 1, 1990, and who are still incarcerated on or
after July 25, 1999. This section applies to all juveniles who
are adjudicated guilty of a sex or violent offense after July
1, 1994; and to all juveniles who were adjudicated guilty of
a sex or violent offense on or prior to July 1, 1994, and who
are still incarcerated on or after July 25, 1999. This section
applies to all adults and juveniles who are convicted of a
felony other than a sex or violent offense, stalking under
RCW 9A.46.110, harassment under RCW 9A.46.020, or
communicating with a minor for immoral purposes under
RCW 9.68A.090, or adjudicated guilty of an equivalent
juvenile offense, on or after July 1, 2002; and to all adults
and juveniles who were convicted or adjudicated guilty of
such an offense before July 1, 2002, and are still incarcerated on or after July 1, 2002.
(5) This section creates no rights in a third person. No
cause of action may be brought based upon the noncollection
or nonanalysis or the delayed collection or analysis of a
biological sample authorized to be taken under RCW
43.43.752 through 43.43.758.
(6) The detention, arrest, or conviction of a person
based upon a data base match or data base information is not
invalidated if it is determined that the sample was obtained
or placed in the data base by mistake, or if the conviction or
juvenile adjudication that resulted in the collection of the
biological sample was subsequently vacated or otherwise
altered in any future proceeding including but not limited to
posttrial or postfact-finding motions, appeals, or collateral
attacks. [2002 c 289 § 2; 1999 c 329 § 2; 1994 c 271 §
402; 1990 c 230 § 3; 1989 c 350 § 4.]
Severability—Effective date—2002 c 289: See notes following
RCW 43.43.753.
Findings—1999 c 329: "The legislature finds it necessary to expand
the current pool of convicted offenders who must have a blood sample
drawn for purposes of DNA identification analysis. The legislature further
finds that there is a high rate of recidivism among certain types of violent
and sex offenders and that drawing blood is minimally intrusive. Creating
an expanded DNA data bank bears a rational relationship to the public’s
interest in enabling law enforcement to better identify convicted violent and
sex offenders who are involved in unsolved crimes, who escape to reoffend,
and who reoffend after release." [1999 c 329 § 1.]
Severability—1999 c 329: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 329 § 3.]
Finding—1994 c 271: "The legislature finds that DNA identification
analysis is an accurate and useful law enforcement tool for identifying and
prosecuting sexual and violent offenders. The legislature further finds no
compelling reason to exclude juvenile sexual and juvenile violent offenders
from DNA identification analysis." [1994 c 271 § 401.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Finding—Funding limitations—1989 c 350: See notes following
RCW 43.43.752.
[Title 43 RCW—page 252]
43.43.7541 DNA identification system—Collection
of biological samples—Fee. Every sentence imposed under
chapter 9.94A RCW, for a felony specified in RCW
43.43.754 that is committed on or after July 1, 2002, must
include a fee of one hundred dollars for collection of a
biological sample as required under RCW 43.43.754, unless
the court finds that imposing the fee would result in undue
hardship on the offender. The fee is a court-ordered legal
financial obligation as defined in RCW 9.94A.030, payable
by the offender after payment of all other legal financial
obligations included in the sentence has been completed.
The clerk of the court shall transmit fees collected to the
state treasurer for deposit in the state DNA data base account
created under RCW 43.43.7532. [2002 c 289 § 4.]
Severability—Effective date—2002 c 289: See notes following
RCW 43.43.753.
43.43.756 DNA identification system—Analysis,
assistance, and testimony services. The state patrol in
consultation with the University of Washington school of
medicine may:
(1) Provide DNA analysis services to law enforcement
agencies throughout the state after July 1, 1990;
(2) Provide assistance to law enforcement officials and
prosecutors in the preparation and utilization of DNA
evidence for presentation in court; and
(3) Provide expert testimony in court on DNA evidentiary issues. [1989 c 350 § 5.]
Finding—Funding limitations—1989 c 350: See notes following
RCW 43.43.752.
43.43.758 DNA identification system—Local law
enforcement systems—Limitations. (1) Except as provided
in subsection (2) of this section, no local law enforcement
agency may establish or operate a DNA identification system
before July 1, 1990, and unless:
(a) The equipment of the local system is compatible
with that of the state system under RCW 43.43.752;
(b) The local system is equipped to receive and answer
inquiries from the Washington state patrol DNA identification system and transmit data to the Washington state patrol
DNA identification system; and
(c) The procedure and rules for the collection, analysis,
storage, expungement, and use of DNA identification data do
not conflict with procedures and rules applicable to the state
patrol DNA identification system.
(2) Nothing in this section shall prohibit a local law
enforcement agency from performing DNA identification
analysis in individual cases to assist law enforcement
officials and prosecutors in the preparation and use of DNA
evidence for presentation in court. [1990 c 230 § 2; 1989 c
350 § 6.]
Finding—Funding limitations—1989 c 350: See notes following
RCW 43.43.752.
43.43.759 DNA identification system—Rule-making
requirements. The Washington state patrol shall consult
with the forensic investigations council and adopt rules to
implement RCW 43.43.752 through 43.43.758. The rules
shall prohibit the use of DNA identification data for any
research or other purpose that is not related to a criminal
(2002 Ed.)
Washington State Patrol
investigation, to the identification of human remains or
missing persons, or to improving the operation of the system
authorized by RCW 43.43.752 through 43.43.758. The rules
must also identify appropriate sources and collection methods for biological samples needed for purposes of DNA
identification analysis. [2002 c 289 § 3; 1990 c 230 § 1.]
Severability—Effective date—2002 c 289: See notes following
RCW 43.43.753.
43.43.760 Personal identification—Requests—
Purpose—Applicants—Fee. (1) Whenever a resident of
this state appears before any law enforcement agency and
requests an impression of his or her fingerprints to be made,
such agency may comply with his or her request and make
the required copies of the impressions on forms marked
"Personal Identification". The required copies shall be
forwarded to the section and marked "for personal identification only".
The section shall accept and file such fingerprints
submitted voluntarily by such resident, for the purpose of
securing a more certain and easy identification in case of
death, injury, loss of memory, or other similar circumstances. Upon the request of such person, the section shall
return his or her identification data.
(2) Whenever a person claiming to be a victim of
identity theft appears before any law enforcement agency
and requests an impression of his or her fingerprints to be
made, such agency may comply with this request and make
the required copies of the impressions on forms marked
"Personal Identification." The required copies shall be forwarded to the section and marked "for personal identification
only."
The section shall accept and file such fingerprints
submitted by such resident, for the purpose of securing a
more certain and easy identification in cases of identity theft.
The section shall provide a statement showing that the
victim’s impression of fingerprints has been accepted and
filed with the section.
The statement provided to the victim shall state clearly
in twelve-point print:
"The person holding this statement has claimed to be a
victim of identity theft. Pursuant to chapter 9.35 RCW, a
business is required by law to provide this victim with
copies of all relevant application and transaction information
related to the transaction being alleged as a potential or
actual identity theft. A business must provide this information once the victim makes a request in writing, shows this
statement, any government issued photo identification card,
and a copy of a police report."
Upon the request of such person, the section shall return
his or her identification data.
(3) Whenever any person is an applicant for appointment to any position or is an applicant for employment or is
an applicant for a license to be issued by any governmental
agency, and the law or a regulation of such governmental
agency requires that the applicant be of good moral character
or not have been convicted of a crime, or is an applicant for
appointment to or employment with a criminal justice
agency, or the department, or is an applicant for the services
of an international matchmaking organization, the applicant
may request any law enforcement agency to make an
(2002 Ed.)
43.43.759
impression of his or her fingerprints to be submitted to the
section. The law enforcement agency may comply with such
request and make copies of the impressions on forms marked
"applicant", and submit such copies to the section.
The section shall accept such fingerprints and shall
cause its files to be examined and shall promptly send to the
appointing authority, employer, licensing authority, or
international matchmaking organization indicated on the
form of application, a transcript of the record of previous
crimes committed by the person described on the data
submitted, or a transcript of the dependency record information regarding the person described on the data submitted, or
if there is no record of his or her commission of any crimes,
or if there is no dependency record information, a statement
to that effect.
(4) The Washington state patrol shall charge fees for
processing of noncriminal justice system requests for
criminal history record information pursuant to this section
which will cover, as nearly as practicable, the direct and
indirect costs to the patrol of processing such requests.
Any law enforcement agency may charge a fee not to
exceed five dollars for the purpose of taking fingerprint
impressions or searching its files of identification for
noncriminal purposes. [2002 c 115 § 5; 2001 c 217 § 3;
1985 c 201 § 15; 1983 c 184 § 1; 1972 ex.s. c 152 § 13.]
Effective date—2002 c 115: See RCW 19.220.900.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Dissemination of information—Limitations—Disclaimer of liability: RCW
43.43.815.
43.43.765 Reports of transfer, release or changes as
to committed or imprisoned persons—Records. The
principal officers of the jails, correctional institutions, state
mental institutions and all places of detention to which a
person is committed under chapter 10.77 RCW, chapter
71.06 RCW, or chapter 71.09 RCW for treatment or under
a sentence of imprisonment for any crime as provided for in
RCW 43.43.735 shall within seventy-two hours, report to the
section, any interinstitutional transfer, release or change of
release status of any person held in custody pursuant to the
rules promulgated by the chief.
The principal officers of all state mental institutions to
which a person has been committed under chapter 10.77
RCW, chapter 71.06 RCW, or chapter 71.09 RCW shall
keep a record of the photographs, description, fingerprints,
and other identification data as may be obtainable from the
appropriate criminal justice agency. [1990 c 3 § 131; 1983
c 3 § 108; 1972 ex.s. c 152 § 14.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.770 Unidentified deceased persons. It shall be
the duty of the sheriff or director of public safety of every
county, or the chief of police of every city or town, or the
chief officer of other law enforcement agencies operating
within this state, coroners or medical examiners, to record
whenever possible the fingerprints and such other identification data as may be useful to establish identity, of all
unidentified dead bodies found within their respective
jurisdictions, and to furnish to the section all data so obtained. The section shall search its files and otherwise make
[Title 43 RCW—page 253]
43.43.770
Title 43 RCW: State Government—Executive
a reasonable effort to determine the identity of the deceased
and notify the contributing agency of the finding.
In all cases where there is found to exist a criminal
record for the deceased, the section shall notify the federal
bureau of investigation and each criminal justice agency,
within or outside the state in whose jurisdiction the decedent
has been arrested, of the date and place of death of decedent.
[1972 ex.s. c 152 § 15.]
43.43.775 Interagency contracts. The legislative
authority of any county, city or town may authorize its
sheriff, director of public safety or chief of police to enter
into any contract with another public agency which is
necessary to carry out the provisions of chapter 152, laws of
1972 ex. sess. [1972 ex.s. c 152 § 16.]
43.43.780 Transfer of records, data, equipment to
section. All fingerprint cards, photographs, file cabinets,
equipment, and other records collected and filed by the
bureau of criminal identification, and now in the department
of social and health services shall be transferred to the
Washington state patrol for use by the section on identification created by chapter 152, Laws of 1972 ex. sess. [1972
ex.s. c 152 § 17.]
43.43.785
Criminal justice services—
Consolidation—Establishment of program. The legislature finds that there is a need for the Washington state patrol
to establish a program which will consolidate existing
programs of criminal justice services within its jurisdiction
so that such services may be more effectively utilized by the
criminal justice agencies of this state. The chief shall
establish such a program which shall include but not be
limited to the identification section, all auxiliary systems
including the Washington crime information center and the
teletypewriter communications network, the drug control
assistance unit, and any other services the chief deems
necessary which are not directly related to traffic control.
[1999 c 151 § 1102; 1972 ex.s. c 152 § 18.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
43.43.800 Criminal justice services programs—
Duties of executive committee. The executive committee
created in RCW 10.98.160 shall review the provisions of
RCW 43.43.700 through 43.43.785 and the administration
thereof and shall consult with and advise the chief of the
state patrol on matters pertaining to the policies of criminal
justice services program. [1999 c 151 § 1103; 1972 ex.s. c
152 § 21.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
43.43.810 Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty. Any person who wilfully requests, obtains
or seeks to obtain criminal offender record information under
false pretenses, or who wilfully communicates or seeks to
communicate criminal offender record information to any
agency or person except in accordance with chapter 152,
laws of 1972 ex. sess., or any member, officer, employee or
[Title 43 RCW—page 254]
agent of the section, the council or any participating agency,
who wilfully falsifies criminal offender record information,
or any records relating thereto, shall for each such offense be
guilty of a misdemeanor. [1977 ex.s. c 314 § 17; 1972 ex.s.
c 152 § 23.]
43.43.815 Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—
Limitations—Injunctive relief, damages, attorneys’ fees—
Disclaimer of liability—Rules. (1) Notwithstanding any
provision of RCW 43.43.700 through 43.43.810 to the
contrary, the Washington state patrol shall furnish a conviction record, as defined in RCW 10.97.030, pertaining to any
person of whom the Washington state patrol has a record
upon the written or electronic request of any employer for
the purpose of:
(a) Securing a bond required for any employment;
(b) Conducting preemployment and postemployment
evaluations of employees and prospective employees who, in
the course of employment, may have access to information
affecting national security, trade secrets, confidential or
proprietary business information, money, or items of value;
or
(c) Assisting an investigation of suspected employee
misconduct where such misconduct may also constitute a
penal offense under the laws of the United States or any
state.
(2) When an employer has received a conviction record
under subsection (1) of this section, the employer shall
notify the subject of the record of such receipt within thirty
days after receipt of the record, or upon completion of an
investigation under subsection (1)(c) of this section. The
employer shall make the record available for examination by
its subject and shall notify the subject of such availability.
(3) The Washington state patrol shall charge fees for
disseminating records pursuant to this section which will
cover, as nearly as practicable, the direct and indirect costs
to the Washington state patrol of disseminating such records.
(4) Information disseminated pursuant to this section or
RCW 43.43.760 shall be available only to persons involved
in the hiring, background investigation, or job assignment of
the person whose record is disseminated and shall be used
only as necessary for those purposes enumerated in subsection (1) of this section.
(5) Any person may maintain an action to enjoin a
continuance of any act or acts in violation of any of the
provisions of this section, and if injured thereby, for the
recovery of damages and for the recovery of reasonable
attorneys’ fees. If, in such action, the court finds that the
defendant is violating or has violated any of the provisions
of this section, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such
injunctive relief, the plaintiff in the action is entitled to
recover from the defendant the amount of the actual damages, if any, sustained by him if actual damages to the plaintiff
are alleged and proved. In any suit brought to enjoin a
violation of this chapter, the prevailing party may be
awarded reasonable attorneys’ fees, including fees incurred
upon appeal. Commencement, pendency, or conclusion of
a civil action for injunction or damages shall not affect the
(2002 Ed.)
Washington State Patrol
liability of a person or agency to criminal prosecution for a
violation of chapter 10.97 RCW.
(6) Neither the section, its employees, nor any other
agency or employee of the state is liable for defamation,
invasion of privacy, negligence, or any other claim in
connection with any dissemination of information pursuant
to this section or RCW 43.43.760.
(7) The Washington state patrol may adopt rules and
forms to implement this section and to provide for security
and privacy of information disseminated pursuant hereto,
giving first priority to the criminal justice requirements of
chapter 43.43 RCW. Such rules may include requirements
for users, audits of users, and other procedures to prevent
use of criminal history record information inconsistent with
this section.
(8) Nothing in this section shall authorize an employer
to make an inquiry not otherwise authorized by law, or be
construed to affect the policy of the state declared in RCW
9.96A.010, encouraging the employment of ex-offenders.
[1995 c 169 § 1; 1982 c 202 § 1.]
43.43.820 Stale records. Stale records shall be
destroyed in a manner to be prescribed by the chief. [1972
ex.s. c 152 § 25.]
43.43.830 Background checks—Access to children
or vulnerable persons—Definitions. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout RCW 43.43.830 through 43.43.840.
(1) "Applicant" means:
(a) Any prospective employee who will or may have
unsupervised access to children under sixteen years of age or
developmentally disabled persons or vulnerable adults during
the course of his or her employment or involvement with the
business or organization;
(b) Any prospective volunteer who will have regularly
scheduled unsupervised access to children under sixteen
years of age, developmentally disabled persons, or vulnerable
adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i)
five or fewer children under twelve years of age, (ii) three
or fewer children between twelve and sixteen years of age,
(iii) developmentally disabled persons, or (iv) vulnerable
adults; or
(c) Any prospective adoptive parent, as defined in RCW
26.33.020.
(2) "Business or organization" means a business or
organization licensed in this state, any agency of the state, or
other governmental entity, that educates, trains, treats,
supervises, houses, or provides recreation to developmentally
disabled persons, vulnerable adults, or children under sixteen
years of age, including but not limited to public housing
authorities, school districts, and educational service districts.
(3) "Civil adjudication" means a specific court finding
of sexual abuse or exploitation or physical abuse in a
dependency action under RCW 13.34.040 or in a domestic
relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding
of abuse or financial exploitation in a protection proceeding
under chapter 74.34 RCW. It does not include adminis(2002 Ed.)
43.43.815
trative proceedings. The term "civil adjudication" is further
limited to court findings that identify as the perpetrator of
the abuse a named individual, over the age of eighteen years,
who was a party to the dependency or dissolution proceeding
or was a respondent in a protection proceeding in which the
finding was made and who contested the allegation of abuse
or exploitation.
(4) "Conviction record" means "conviction record"
information as defined in RCW 10.97.030(3) relating to a
crime against children or other persons committed by either
an adult or a juvenile. It does not include a conviction for
an offense that has been the subject of an expungement,
pardon, annulment, certificate of rehabilitation, or other
equivalent procedure based on a finding of the rehabilitation
of the person convicted, or a conviction that has been the
subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include
convictions for offenses for which the defendant received a
deferred or suspended sentence, unless the record has been
expunged according to law.
(5) "Crime against children or other persons" means a
conviction of any of the following offenses: Aggravated
murder; first or second degree murder; first or second degree
kidnaping; first, second, or third degree assault; first, second,
or third degree assault of a child; first, second, or third
degree rape; first, second, or third degree rape of a child;
first or second degree robbery; first degree arson; first
degree burglary; first or second degree manslaughter; first or
second degree extortion; indecent liberties; incest; vehicular
homicide; first degree promoting prostitution; communication
with a minor; unlawful imprisonment; simple assault; sexual
exploitation of minors; first or second degree criminal
mistreatment; endangerment with a controlled substance;
child abuse or neglect as defined in RCW 26.44.020; first or
second degree custodial interference; first or second degree
custodial sexual misconduct; malicious harassment; first,
second, or third degree child molestation; first or second
degree sexual misconduct with a minor; patronizing a
juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor;
custodial assault; violation of child abuse restraining order;
child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they
may be renamed in the future.
(6) "Crimes relating to drugs" means a conviction of a
crime to manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance.
(7) "Crimes relating to financial exploitation" means a
conviction for first, second, or third degree extortion; first,
second, or third degree theft; first or second degree robbery;
forgery; or any of these crimes as they may be renamed in
the future.
(8) "Disciplinary board final decision" means any final
decision issued by a disciplining authority under chapter
18.130 RCW or the secretary of the department of health for
the following businesses or professions:
(a) Chiropractic;
(b) Dentistry;
(c) Dental hygiene;
(d) Massage;
(e) Midwifery;
(f) Naturopathy;
[Title 43 RCW—page 255]
43.43.830
Title 43 RCW: State Government—Executive
(g) Osteopathic medicine and surgery;
(h) Physical therapy;
(i) Physicians;
(j) Practical nursing;
(k) Registered nursing; and
(l) Psychology.
"Disciplinary board final decision," for real estate
brokers and salespersons, means any final decision issued by
the director of the department of licensing for real estate
brokers and salespersons.
(9) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same
business or organization as the applicant; or
(b) Any relative or guardian of any of the children or
developmentally disabled persons or vulnerable adults to
which the applicant has access during the course of his or
her employment or involvement with the business or
organization.
(10) "Vulnerable adult" means "vulnerable adult" as
defined in chapter 74.34 RCW, except that for the purposes
of requesting and receiving background checks pursuant to
RCW 43.43.832, it shall also include adults of any age who
lack the functional, mental, or physical ability to care for
themselves.
(11) "Financial exploitation" means the illegal or
improper use of a vulnerable adult or that adult’s resources
for another person’s profit or advantage.
(12) "Agency" means any person, firm, partnership,
association, corporation, or facility which receives, provides
services to, houses or otherwise cares for vulnerable adults.
[2002 c 229 § 3; 1999 c 45 § 5; 1998 c 10 § 1; 1996 c 178
§ 12; 1995 c 250 § 1; 1994 c 108 § 1; 1992 c 145 § 16.
Prior: 1990 c 146 § 8; 1990 c 3 § 1101; prior: 1989 c 334
§ 1; 1989 c 90 § 1; 1987 c 486 § 1.]
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—1996 c 178: See note following RCW 18.35.110.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
At-risk children volunteer program: RCW 43.150.080.
Developmentally disabled persons: RCW 41.06.475.
State hospitals: RCW 72.23.035.
43.43.832 Background checks—Disclosure of
information—Sharing of criminal background information by health care facilities. (1) The legislature finds that
businesses and organizations providing services to children,
developmentally disabled persons, and vulnerable adults need
adequate information to determine which employees or licensees to hire or engage. The legislature further finds that
many developmentally disabled individuals and vulnerable
adults desire to hire their own employees directly and also
need adequate information to determine which employees or
licensees to hire or engage. Therefore, the Washington state
patrol criminal identification system shall disclose, upon the
request of a business or organization as defined in RCW
43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an applicant’s record for convictions of offenses against
children or other persons, convictions for crimes relating to
financial exploitation, but only if the victim was a vulnerable
adult, adjudications of child abuse in a civil action, the
[Title 43 RCW—page 256]
issuance of a protection order against the respondent under
chapter 74.34 RCW, and disciplinary board final decisions
and any subsequent criminal charges associated with the
conduct that is the subject of the disciplinary board final
decision.
(2) The legislature also finds that the state board of
education may request of the Washington state patrol
criminal identification system information regarding a
certificate applicant’s record for convictions under subsection
(1) of this section.
(3) The legislature also finds that law enforcement
agencies, the office of the attorney general, prosecuting
authorities, and the department of social and health services
may request this same information to aid in the investigation
and prosecution of child, developmentally disabled person,
and vulnerable adult abuse cases and to protect children and
adults from further incidents of abuse.
(4) The legislature further finds that the department of
social and health services must consider the information
listed in subsection (1) of this section in the following
circumstances:
(a) When considering persons for state employment in
positions directly responsible for the supervision, care, or
treatment of children, vulnerable adults, or individuals with
mental illness or developmental disabilities;
(b) When considering persons for state positions
involving unsupervised access to vulnerable adults to
conduct comprehensive assessments, financial eligibility
determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions
otherwise required by federal law to meet employment
standards;
(c) When licensing agencies or facilities with individuals
in positions directly responsible for the care, supervision, or
treatment of children, developmentally disabled persons, or
vulnerable adults, including but not limited to agencies or
facilities licensed under chapter 74.15 or 18.51 RCW;
(d) When contracting with individuals or businesses or
organizations for the care, supervision, case management, or
treatment of children, developmentally disabled persons, or
vulnerable adults, including but not limited to services
contracted for under chapter 18.20, *18.48, 70.127, 70.128,
72.36, or 74.39A RCW or Title 71A RCW;
(e) When individual providers are paid by the state or
providers are paid by home care agencies to provide in-home
services involving unsupervised access to persons with
physical, mental, or developmental disabilities or mental
illness, or to vulnerable adults as defined in chapter 74.34
RCW, including but not limited to services provided under
chapter 74.39 or 74.39A RCW.
(5) Whenever a state conviction record check is required
by state law, persons may be employed or engaged as
volunteers or independent contractors on a conditional basis
pending completion of the state background investigation.
Whenever a national criminal record check through the
federal bureau of investigation is required by state law, a
person may be employed or engaged as a volunteer or
independent contractor on a conditional basis pending
completion of the national check. The Washington personnel
resources board shall adopt rules to accomplish the purposes
of this subsection as it applies to state employees.
(2002 Ed.)
Washington State Patrol
(6)(a) For purposes of facilitating timely access to
criminal background information and to reasonably minimize
the number of requests made under this section, recognizing
that certain health care providers change employment
frequently, health care facilities may, upon request from
another health care facility, share copies of completed
criminal background inquiry information.
(b) Completed criminal background inquiry information
may be shared by a willing health care facility only if the
following conditions are satisfied: The licensed health care
facility sharing the criminal background inquiry information
is reasonably known to be the person’s most recent employer, no more than twelve months has elapsed from the date
the person was last employed at a licensed health care
facility to the date of their current employment application,
and the criminal background information is no more than
two years old.
(c) If criminal background inquiry information is shared,
the health care facility employing the subject of the inquiry
must require the applicant to sign a disclosure statement
indicating that there has been no conviction or finding as
described in RCW 43.43.842 since the completion date of
the most recent criminal background inquiry.
(d) Any health care facility that knows or has reason to
believe that an applicant has or may have a disqualifying
conviction or finding as described in RCW 43.43.842,
subsequent to the completion date of their most recent
criminal background inquiry, shall be prohibited from relying
on the applicant’s previous employer’s criminal background
inquiry information. A new criminal background inquiry
shall be requested pursuant to RCW 43.43.830 through
43.43.842.
(e) Health care facilities that share criminal background
inquiry information shall be immune from any claim of
defamation, invasion of privacy, negligence, or any other
claim in connection with any dissemination of this information in accordance with this subsection.
(f) Health care facilities shall transmit and receive the
criminal background inquiry information in a manner that
reasonably protects the subject’s rights to privacy and
confidentiality.
(g) For the purposes of this subsection, "health care
facility" means a nursing home licensed under chapter 18.51
RCW, a boarding home licensed under chapter 18.20 RCW,
or an adult family home licensed under chapter 70.128
RCW.
(7) If a federal bureau of investigation check is required
in addition to the state background check by the department
of social and health services, an applicant who is not
disqualified based on the results of the state background
check shall be eligible for a one hundred twenty day
provisional approval to hire, pending the outcome of the
federal bureau of investigation check. The department may
extend the provisional approval until receipt of the federal
bureau of investigation check. If the federal bureau of
investigation check disqualifies an applicant, the department
shall notify the requestor that the provisional approval to hire
is withdrawn and the applicant may be terminated. [2000 c
87 § 1; 1997 c 392 § 524; 1995 c 250 § 2; 1993 c 281 § 51;
1990 c 3 § 1102. Prior: 1989 c 334 § 2; 1989 c 90 § 2;
1987 c 486 § 2.]
(2002 Ed.)
43.43.832
*Reviser’s note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective date—1993 c 281: See note following RCW 41.06.022.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.833 Background checks—State immunity. If
information is released under this chapter by the state of
Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal
record or adverse civil or administrative decisions; (2) make
no determination that the subject of the inquiry is suitable
for involvement with a business or organization; and (3) are
not liable for defamation, invasion of privacy, negligence, or
any other claim in connection with any lawful dissemination
of information. [1997 c 392 § 529.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
43.43.834 Background checks by business, organization, or insurance company—Limitations—Civil liability.
(1) A business or organization shall not make an inquiry to
the Washington state patrol under RCW 43.43.832 or an
equivalent inquiry to a federal law enforcement agency
unless the business or organization has notified the applicant
who has been offered a position as an employee or volunteer, that an inquiry may be made.
(2) A business or organization shall require each
applicant to disclose to the business or organization whether
the applicant has been:
(a) Convicted of any crime against children or other
persons;
(b) Convicted of crimes relating to financial exploitation
if the victim was a vulnerable adult;
(c) Convicted of crimes related to drugs as defined in
RCW 43.43.830;
(d) Found in any dependency action under RCW
13.34.040 to have sexually assaulted or exploited any minor
or to have physically abused any minor;
(e) Found by a court in a domestic relations proceeding
under Title 26 RCW to have sexually abused or exploited
any minor or to have physically abused any minor;
(f) Found in any disciplinary board final decision to
have sexually or physically abused or exploited any minor or
developmentally disabled person or to have abused or
financially exploited any vulnerable adult; or
(g) Found by a court in a protection proceeding under
chapter 74.34 RCW, to have abused or financially exploited
a vulnerable adult.
The disclosure shall be made in writing and signed by
the applicant and sworn under penalty of perjury. The
disclosure sheet shall specify all crimes against children or
other persons and all crimes relating to financial exploitation
as defined in RCW 43.43.830 in which the victim was a
vulnerable adult.
(3) The business or organization shall pay such reasonable fee for the records check as the state patrol may require
under RCW 43.43.838.
[Title 43 RCW—page 257]
43.43.834
Title 43 RCW: State Government—Executive
(4) The business or organization shall notify the
applicant of the state patrol’s response within ten days after
receipt by the business or organization. The employer shall
provide a copy of the response to the applicant and shall
notify the applicant of such availability.
(5) The business or organization shall use this record
only in making the initial employment or engagement
decision. Further dissemination or use of the record is
prohibited, except as provided in RCW 28A.320.155. A
business or organization violating this subsection is subject
to a civil action for damages.
(6) An insurance company shall not require a business
or organization to request background information on any
employee before issuing a policy of insurance.
(7) The business and organization shall be immune from
civil liability for failure to request background information
on an applicant unless the failure to do so constitutes gross
negligence. [1999 c 21 § 2; 1998 c 10 § 3; 1990 c 3 §
1103. Prior: 1989 c 334 § 3; 1989 c 90 § 3; 1987 c 486 §
3.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.835 Background checks—Drug-related
conviction information. For purposes of background
checks, convictions for crimes relating to drugs may be used
as a tool for investigation and may be used for any decision
regarding the person’s suitability for a position in which the
person may have unsupervised access to children or vulnerable adults. [1998 c 10 § 2.]
43.43.836 Disclosure to individual of own record—
Fee. An individual may contact the state patrol to ascertain
whether that same individual has a civil adjudication,
disciplinary board final decision, or conviction record. The
state patrol shall disclose such information, subject to the fee
established under RCW 43.43.838. [1987 c 486 § 4.]
43.43.838 Record checks—Transcript of conviction
record, disciplinary board decision, criminal charges, or
civil adjudication—Finding of no evidence, identification
document—Immunity—Rules. (1) After January 1, 1988,
and notwithstanding any provision of RCW 43.43.700
through 43.43.810 to the contrary, the state patrol shall
furnish a transcript of the conviction record, disciplinary
board final decision and any subsequent criminal charges
associated with the conduct that is the subject of the disciplinary board final decision, or civil adjudication record
pertaining to any person for whom the state patrol or the
federal bureau of investigation has a record upon the written
request of:
(a) The subject of the inquiry;
(b) Any business or organization for the purpose of
conducting evaluations under RCW 43.43.832;
(c) The department of social and health services;
(d) Any law enforcement agency, prosecuting authority,
or the office of the attorney general; or
(e) The department of social and health services for the
purpose of meeting responsibilities set forth in chapter 74.15,
18.51, 18.20, or 72.23 RCW, or any later-enacted statute
which purpose is to regulate or license a facility which
[Title 43 RCW—page 258]
handles vulnerable adults. However, access to conviction records pursuant to this subsection (1)(e) does not limit or
restrict the ability of the department to obtain additional
information regarding conviction records and pending
charges as set forth in RCW 74.15.030(2)(b).
After processing the request, if the conviction record,
disciplinary board final decision and any subsequent criminal
charges associated with the conduct that is the subject of the
disciplinary board final decision, or adjudication record
shows no evidence of a crime against children or other
persons or, in the case of vulnerable adults, no evidence of
crimes relating to financial exploitation in which the victim
was a vulnerable adult, an identification declaring the
showing of no evidence shall be issued to the business or
organization by the state patrol and shall be issued within
fourteen working days of the request. The business or
organization shall provide a copy of the identification
declaring the showing of no evidence to the applicant.
Possession of such identification shall satisfy future record
check requirements for the applicant for a two-year period
unless the prospective employee is any current school district
employee who has applied for a position in another school
district.
(2) The state patrol shall by rule establish fees for
disseminating records under this section to recipients
identified in subsection (1)(a) and (b) of this section. The
state patrol shall also by rule establish fees for disseminating
records in the custody of the national crime information
center. The revenue from the fees shall cover, as nearly as
practicable, the direct and indirect costs to the state patrol of
disseminating the records: PROVIDED, That no fee shall be
charged to a nonprofit organization for the records check:
PROVIDED FURTHER, That in the case of record checks
using fingerprints requested by school districts and educational service districts, the state patrol shall charge only for
the incremental costs associated with checking fingerprints
in addition to name and date of birth. Record checks
requested by school districts and educational service districts
using only name and date of birth shall continue to be provided free of charge.
(3) No employee of the state, employee of a business or
organization, or the business or organization is liable for
defamation, invasion of privacy, negligence, or any other
claim in connection with any lawful dissemination of information under RCW 43.43.830 through 43.43.840 or
43.43.760.
(4) Before July 26, 1987, the state patrol shall adopt
rules and forms to implement this section and to provide for
security and privacy of information disseminated under this
section, giving first priority to the criminal justice requirements of this chapter. The rules may include requirements
for users, audits of users, and other procedures to prevent
use of civil adjudication record information or criminal
history record information inconsistent with this chapter.
(5) Nothing in RCW 43.43.830 through 43.43.840 shall
authorize an employer to make an inquiry not specifically
authorized by this chapter, or be construed to affect the
policy of the state declared in chapter 9.96A RCW. [1995
c 29 § 1; 1992 c 159 § 7; 1990 c 3 § 1104. Prior: 1989 c
334 § 4; 1989 c 90 § 4; 1987 c 486 § 5.]
Findings—1992 c 159: See note following RCW 28A.400.303.
(2002 Ed.)
Washington State Patrol
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.839 Fingerprint identification account. The
fingerprint identification account is created in the custody of
the state treasurer. All receipts from incremental charges of
fingerprint checks requested for noncriminal justice purposes
and electronic background requests shall be deposited in the
account. Receipts for fingerprint checks by the federal
bureau of investigation may also be deposited in the account.
Expenditures from the account may be used only for the cost
of record checks. Only the chief of the state patrol or the
chief’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW. No appropriation is required for
expenditures prior to July 1, 1997. After June 30, 1997, the
account shall be subject to appropriation. [1995 c 169 § 2;
1992 c 159 § 8.]
Findings—1992 c 159: See note following RCW 28A.400.303.
43.43.840 Notification of physical or sexual abuse or
exploitation of child or vulnerable adult—Notification of
employment termination because of crimes against
persons. (1) The supreme court shall by rule require the
courts of the state to notify the state patrol of any dependency action under RCW 13.34.040, domestic relations action
under Title 26 RCW, or protection action under chapter
74.34 RCW, in which the court makes specific findings of
physical abuse or sexual abuse or exploitation of a child or
abuse or financial exploitation of a vulnerable adult.
(2) The department of licensing shall notify the state
patrol of any disciplinary board final decision that includes
specific findings of physical abuse or sexual abuse or
exploitation of a child or abuse or financial exploitation of
a vulnerable adult.
(3) When a business or an organization terminates, fires,
dismisses, fails to renew the contract, or permits the resignation of an employee because of crimes against children or
other persons or because of crimes relating to the financial
exploitation of a vulnerable adult, and if that employee is
employed in a position requiring a certificate or license
issued by a licensing agency such as the state board of
education, the business or organization shall notify the
licensing agency of such termination of employment. [1997
c 386 § 40. Prior: 1989 c 334 § 5; 1989 c 90 § 5; 1987 c
486 § 6.]
43.43.842 Vulnerable adults—Additional licensing
requirements for agencies, facilities, and individuals
providing services. (1)(a) The secretary of social and health
services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies, facilities, and licensed individuals who provide care and treatment
to vulnerable adults, including nursing pools registered under
chapter 18.52C RCW. These additional requirements shall
ensure that any person associated with a licensed agency or
facility having unsupervised access with a vulnerable adult
shall not have been: (i) Convicted of a crime against persons as defined in RCW 43.43.830, except as provided in
this section; (ii) convicted of crimes relating to financial
exploitation as defined in RCW 43.43.830, except as
(2002 Ed.)
43.43.838
provided in this section; (iii) found in any disciplinary board
final decision to have abused a vulnerable adult under RCW
43.43.830; or (iv) the subject in a protective proceeding
under chapter 74.34 RCW.
(b) A person associated with a licensed agency or
facility who has unsupervised access with a vulnerable adult
shall make the disclosures specified in RCW 43.43.834(2).
The person shall make the disclosures in writing, sign, and
swear to the contents under penalty of perjury. The person
shall, in the disclosures, specify all crimes against children
or other persons, all crimes relating to financial exploitation,
and all crimes relating to drugs as defined in RCW
43.43.830, committed by the person.
(2) The rules adopted under this section shall permit the
licensee to consider the criminal history of an applicant for
employment in a licensed facility when the applicant has one
or more convictions for a past offense and:
(a) The offense was simple assault, assault in the fourth
degree, or the same offense as it may be renamed, and three
or more years have passed between the most recent conviction and the date of application for employment;
(b) The offense was prostitution, or the same offense as
it may be renamed, and three or more years have passed
between the most recent conviction and the date of application for employment;
(c) The offense was theft in the third degree, or the
same offense as it may be renamed, and three or more years
have passed between the most recent conviction and the date
of application for employment;
(d) The offense was theft in the second degree, or the
same offense as it may be renamed, and five or more years
have passed between the most recent conviction and the date
of application for employment;
(e) The offense was forgery, or the same offense as it
may be renamed, and five or more years have passed
between the most recent conviction and the date of application for employment.
The offenses set forth in (a) through (e) of this subsection do not automatically disqualify an applicant from
employment by a licensee. Nothing in this section may be
construed to require the employment of any person against
a licensee’s judgment.
(3) In consultation with law enforcement personnel, the
secretary of social and health services and the secretary of
health shall investigate, or cause to be investigated, the
conviction record and the protection proceeding record
information under this chapter of the staff of each agency or
facility under their respective jurisdictions seeking licensure
or relicensure. An individual responding to a criminal
background inquiry request from his or her employer or
potential employer shall disclose the information about his
or her criminal history under penalty of perjury. The
secretaries shall use the information solely for the purpose of
determining eligibility for licensure or relicensure. Criminal
justice agencies shall provide the secretaries such information as they may have and that the secretaries may require
for such purpose. [1998 c 10 § 4; 1997 c 392 § 518; 1992
c 104 § 1; 1989 c 334 § 11.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
[Title 43 RCW—page 259]
43.43.845
Title 43 RCW: State Government—Executive
43.43.845 Crimes against children—Notification of
conviction or guilty plea of school employee. (1) Upon a
guilty plea or conviction of a person of any felony crime
involving the physical neglect of a child under chapter 9A.42
RCW, the physical injury or death of a child under chapter
9A.32 or 9A.36 RCW (except motor vehicle violations under
chapter 46.61 RCW), sexual exploitation of a child under
chapter 9.68A RCW, sexual offenses under chapter 9A.44
RCW where a minor is the victim, promoting prostitution of
a minor under chapter 9A.88 RCW, or the sale or purchase
of a minor child under RCW 9A.64.030, the prosecuting
attorney shall determine whether the person holds a certificate or permit issued under chapters 28A.405 and 28A.410
RCW or is employed by a school district. If the person is
employed by a school district or holds a certificate or permit
issued under chapters 28A.405 and 28A.410 RCW, the
prosecuting attorney shall notify the state patrol of such
guilty pleas or convictions.
(2) When the state patrol receives information that a
person who has a certificate or permit issued under chapters
28A.405 and 28A.410 RCW or is employed by a school
district has pled guilty to or been convicted of one of the
felony crimes under subsection (1) of this section, the state
patrol shall immediately transmit that information to the
superintendent of public instruction. It shall be the duty of
the superintendent of public instruction to provide this
information to the state board of education and the school
district employing the individual who pled guilty or was
convicted of the crimes identified in subsection (1) of this
section. [1990 c 33 § 577; 1989 c 320 § 6.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 320: See note following RCW 28A.410.090.
43.43.850 Organized crime intelligence unit—
Created. There is hereby created in the Washington state
patrol an organized crime intelligence unit which shall be
under the direction of the chief of the Washington state
patrol. [1973 1st ex.s. c 202 § 1.]
43.43.852 "Organized crime" defined. For the
purposes of RCW 43.43.850 through 43.43.864 "organized
crime" means those activities which are conducted and
carried on by members of an organized, disciplined association, engaged in supplying illegal goods and services and/or
engaged in criminal activities in contravention of the laws of
this state or of the United States. [1973 1st ex.s. c 202 § 2.]
43.43.854 Powers and duties of organized crime
intelligence unit. The organized crime intelligence unit
shall collect, evaluate, collate, and analyze data and specific
investigative information concerning the existence, structure,
activities and operations of organized crime and the participants involved therein; coordinate such intelligence data into
a centralized system of intelligence information; furnish and
exchange pertinent intelligence data with law enforcement
agencies and prosecutors with such security and confidentiality as the chief of the Washington state patrol may determine; develop intelligence data concerning the infiltration of
organized crime into legitimate businesses within the state of
Washington and furnish pertinent intelligence information
[Title 43 RCW—page 260]
thereon to law enforcement agencies and prosecutors in
affected jurisdictions; and may assist law enforcement
agencies and prosecutors in developing evidence for purposes of criminal prosecution of organized crime activities upon
request. [1973 1st ex.s. c 202 § 3.]
43.43.856 Divulging investigative information
prohibited—Confidentiality—Security of records and
files. (1) On and after April 26, 1973 it shall be unlawful
for any person to divulge specific investigative information
pertaining to activities related to organized crime which he
has obtained by reason of public employment with the state
of Washington or its political subdivisions unless such
person is authorized or required to do so by operation of
state or federal law. Any person violating this subsection
shall be guilty of a felony.
(2) Except as provided in RCW 43.43.854, or pursuant
to the rules of the supreme court of Washington, all of the
information and data collected and processed by the organized crime intelligence unit shall be confidential and not
subject to examination or publication pursuant to chapter
42.17 RCW (Initiative Measure No. 276).
(3) The chief of the Washington state patrol shall
prescribe such standards and procedures relating to the
security of the records and files of the organized crime
intelligence unit, as he deems to be in the public interest
with the advice of the governor and the board. [1973 1st
ex.s. c 202 § 4.]
43.43.858 Organized crime advisory board—
Created—Membership—Meetings—Travel expenses.
There is hereby created the organized crime advisory board
of the state of Washington. The board shall consist of
fourteen voting and two nonvoting members.
The lieutenant governor shall appoint four members of
the senate to the board, no more than two of whom shall be
from the same political party.
The governor shall appoint six members to the board.
Two members shall be county prosecuting attorneys and
shall be appointed from a list of four county prosecutors
agreed upon and submitted to the governor by the elected
county prosecutors. One member shall be a municipal police
chief, and one member shall be a county sheriff, both of
whom shall be appointed from a list of three police chiefs
and three sheriffs agreed upon and submitted to the governor
by the association of sheriffs and police chiefs (RCW
36.28A.010). One member shall be a retired judge of a
court of record. One member shall be the secretary of
corrections or the secretary’s designee.
The United States attorneys for the western and eastern
districts of Washington shall be requested to serve on the
board as nonvoting members and shall not be eligible to
serve as chairperson.
The speaker of the house shall appoint four members of
the house of representatives to the board, no more than two
of whom shall be from the same political party.
The members of the board shall be qualified on the
basis of knowledge and experience in matters relating to
crime prevention and security or with such other abilities as
may be expected to contribute to the effective performance
of the board’s duties. The members of the board shall meet
(2002 Ed.)
Washington State Patrol
with the chief of the Washington state patrol at least four
times a year to perform the duties enumerated in RCW
43.43.862 and to discuss any other matters related to
organized crime. Additional meetings of the board may be
convened at the call of the chairperson or by a majority of
the members. The board shall elect its own chairperson
from among its members. Legislative members shall receive
reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 44.04.120,
and the other members in accordance with RCW 43.03.050
and 43.03.060. [2000 c 38 § 1; 1987 c 65 § 1; 1980 c 146
§ 14; 1975-’76 2nd ex.s. c 34 § 115; 1973 1st ex.s. c 202 §
5.]
Severability—1980 c 146: See RCW 10.29.900.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Statewide special inquiry judge act: Chapter 10.29 RCW.
43.43.860 Organized crime advisory board—Terms
of members. The term of each legislative member shall be
two years and shall be conditioned upon such member retaining membership in the legislature and in the same
political party of which he was a member at the time of
appointment.
The term of each nonlegislative member shall be two
years and shall be conditioned upon such member retaining
the official position from which he was appointed. [1987 c
65 § 2; 1980 c 146 § 15; 1973 1st ex.s. c 202 § 6.]
Severability—1980 c 146: See RCW 10.29.900.
43.43.862 Organized crime advisory board—Powers
and duties. The board shall:
(1) Advise the governor on the objectives, conduct,
management, and coordination of the various activities
encompassing the overall statewide organized crime intelligence effort;
(2) Conduct a continuing review and assessment of
organized crime and related activities in which the organized
crime intelligence unit of the Washington state patrol is
engaged;
(3) Receive, consider and take appropriate action with
respect to matters related to the board by the organized
crime intelligence unit of the Washington state patrol in
which the support of the board will further the effectiveness
of the statewide organized crime intelligence effort; and
(4) Report to the governor concerning the board’s
findings and appraisals, and make appropriate recommendations for actions to achieve increased effectiveness of the
state’s organized crime intelligence effort in meeting state
and national organized crime intelligence needs. [1973 1st
ex.s. c 202 § 7.]
43.43.864 Information to be furnished board—
Security—Confidentiality. In order to facilitate performance of the board’s functions, the chief of the Washington
state patrol shall make available to the board all information
with respect to organized crime and related matters which
the board may require for the purpose of carrying out its
responsibilities to the governor in accordance with the
provisions of RCW 43.43.850 through 43.43.864. Such
information made available to the board shall be given all
(2002 Ed.)
43.43.858
necessary security protection in accordance with the terms
and provisions of applicable laws and regulations and shall
not be revealed or divulged publicly or privately by members
of the board. [1973 1st ex.s. c 202 § 8.]
43.43.866 Organized crime prosecution revolving
fund. There shall be a fund known as the organized crime
prosecution revolving fund which shall consist of such
moneys as may be appropriated by law. The state treasurer
shall be custodian of the revolving fund. Disbursements
from the revolving fund shall be subject to budget approval
given by the organized crime advisory board pursuant to
RCW 10.29.090, and may be made either on authorization
of the governor or the governor’s designee, or upon request
of a majority of the members of the organized crime
advisory board. In order to maintain an effective expenditure and revenue control, the organized crime prosecution
revolving fund shall be subject in all respects to chapter
43.88 RCW but no appropriation shall be required to permit
expenditures and payment of obligations from the fund.
[1980 c 146 § 16.]
Severability—1980 c 146: See RCW 10.29.900.
43.43.870 Missing children clearinghouse and hot
line, duties of state patrol. See chapter 13.60 RCW.
43.43.880 Agreements with contiguous states—
Jointly occupied ports of entry—Collection of fees and
taxes. The Washington state patrol may negotiate and enter
into bilateral agreements with designated representatives of
contiguous states. Agreements may provide for the manning
and operation of jointly occupied ports of entry, for the
collection of highway user fees, registration fees, and taxes
that may be required by statute or rule. Agreements may
further provide for the collection of these fees and taxes by
either party state at jointly occupied ports of entry before
authorization is given for vehicles to legally operate within
that state or jurisdiction, and for the enforcement of safety,
size, and weight statutes or rules of the respective states.
[1988 c 21 § 1.]
43.43.900 Severability—1969 c 12. If any provision
of this chapter or its application to any person or circumstance is held invalid the remainder of the chapter, or its
application of the provision to any other person or circumstances is not affected. [1969 c 12 § 9.]
43.43.910 Severability—1972 ex.s. c 152. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1972 ex.s. c 152 § 22.]
43.43.911 Severability—1973 1st ex.s. c 202. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 202 § 9.]
[Title 43 RCW—page 261]
43.43.930
Title 43 RCW: State Government—Executive
43.43.930 State fire protection services—Intent.
The legislature finds that fire protection services at the state
level are provided by different, independent state agencies.
This has resulted in a lack of a comprehensive state-level
focus for state fire protection services, funding, and policy.
The legislature further finds that the paramount duty of the
state in fire protection services is to enhance the capacity of
all local jurisdictions to assure that their personnel with fire
suppression, prevention, inspection, origin and cause, and
arson investigation responsibilities are adequately trained to
discharge their responsibilities. It is the intent of the
legislature to consolidate fire protection services into a single
state agency and to create a state board with the responsibility of (1) establishing a comprehensive state policy regarding
fire protection services and (2) advising the chief of the
Washington state patrol and the director of fire protection on
matters relating to their duties under state law. It is also the
intent of the legislature that the fire protection services
program created herein will assist local fire protection agencies in program development without encroaching upon their
historic autonomy. It is the further intent of the legislature
that the fire protection services program be implemented
incrementally to assure a smooth transition, to build local,
regional, and state capacity, and to avoid undue burdens on
jurisdictions with limited resources. [1995 c 369 § 14; 1993
c 280 § 68; 1986 c 266 § 54. Formerly RCW 43.63A.300.]
Application—1995 c 369: "This act does not apply to forest fire
service personnel and programs." [1995 c 369 § 70.]
Effective date—1995 c 369: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 369 § 72.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
43.43.932 State fire protection policy board—
Created—Members. There is created the state fire protection policy board consisting of eight members appointed by
the governor:
(1) One representative of fire chiefs;
(2) One insurance industry representative;
(3) One representative of cities and towns;
(4) One representative of counties;
(5) One full-time, paid, career fire fighter;
(6) One volunteer fire fighter;
(7) One representative of fire commissioners; and
(8) One representative of fire control programs of the
department of natural resources.
In making the appointments required under subsections
(1) through (7) [(8)] of this section, the governor shall (a)
seek the advice of and consult with organizations involved
in fire protection; and (b) ensure that racial minorities,
women, and persons with disabilities are represented.
The terms of the appointed members of the board shall
be three years and until a successor is appointed and
qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three
members to terms of two years, and four members to terms
of three years. In the case of a vacancy of a member
appointed under subsections (1) through (7) [(8)] of this
[Title 43 RCW—page 262]
section, the governor shall appoint a new representative to
fill the unexpired term of the member whose office has
become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the
member was appointed to represent. The members of the
board appointed pursuant to subsections (1) and (5) of this
section and holding office on July 1, 1995, shall serve the
remainder of their terms, and the reduction of the board
required by section 15, chapter 369, Laws of 1995, shall
occur upon the expiration of their terms.
The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and
43.03.060.
The board shall select its own chairperson and shall
meet at the request of the governor or the chairperson and at
least four times per year. [1995 c 369 § 15; 1986 c 266 §
55. Formerly RCW 43.63A.310.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.934 State fire protection policy board—
Duties—Fire training and education master plan—Fire
protection master plan. Except for matters relating to the
statutory duties of the chief of the Washington state patrol
that are to be carried out through the director of fire protection, the board shall have the responsibility of developing a
comprehensive state policy regarding fire protection services.
In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master
plan that allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and
technical colleges to provide academic, vocational, and field
training programs for the fire service and (ii) with the higher
education coordinating board and the state colleges and
universities to provide instructional programs requiring
advanced training, especially in command and management
skills;
(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention,
inspection, and investigation responsibilities that assure
continuing assessment of skills and are flexible enough to
meet emerging technologies. With particular respect to
training for fire investigations, the master plan shall encourage cross training in appropriate law enforcement skills. To
meet special local needs, fire agencies may adopt more
stringent requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and
community colleges, institutions of higher education, and any
department or division of the state, or of any county or
municipal corporation in establishing and maintaining instruction in fire service training and education in accordance
with any act of congress and legislation enacted by the
legislature in pursuance thereof and in establishing, building,
and operating training and education facilities.
Industrial fire departments and private fire investigators
may participate in training and education programs under
this chapter for a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing,
equipping, maintaining, and operating necessary fire service
(2002 Ed.)
Washington State Patrol
training and education facilities subject to the provisions of
chapter 43.19 RCW;
(e) Develop and adopt a master plan for the purchase,
lease, or other acquisition of real estate necessary for fire
service training and education facilities in a manner provided
by law; and
(f) Develop and adopt a plan with a goal of providing
training at the level of fire fighter one, as defined by the
board, to all fire fighters in the state. The plan will include
a reimbursement for fire protection districts and city fire
departments of not less than two dollars for every hour of
fire fighter one training. The Washington state patrol shall
not provide reimbursement for more than one hundred fifty
hours of fire fighter one training for each fire fighter trained.
(2) In addition to its responsibilities for fire service
training, the board shall:
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop
objectives and priorities to improve fire protection for the
state’s citizens including: (i) The comprehensiveness of state
and local inspections required by law for fire and life safety;
(ii) the level of skills and training of inspectors, as well as
needs for additional training; and (iii) the efforts of local,
regional, and state inspection agencies to improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs
and ensure development of local arson control programs;
(d) Provide representation for local fire protection
services to the governor in state-level fire protection planning matters such as, but not limited to, hazardous materials
control;
(e) Recommend to the adjutant general rules on minimum information requirements of automatic location
identification for the purposes of enhanced 911 emergency
service;
(f) Seek and solicit grants, gifts, bequests, devises, and
matching funds for use in furthering the objectives and
duties of the board, and establish procedures for administering them;
(g) Promote mutual aid and disaster planning for fire
services in this state;
(h) Assure the dissemination of information concerning
the amount of fire damage including that damage caused by
arson, and its causes and prevention; and
(i) Implement any legislation enacted by the legislature
to meet the requirements of any acts of congress that apply
to this section.
(3) In carrying out its statutory duties, the board shall
give particular consideration to the appropriate roles to be
played by the state and by local jurisdictions with fire
protection responsibilities. Any determinations on the
division of responsibility shall be made in consultation with
local fire officials and their representatives.
To the extent possible, the board shall encourage
development of regional units along compatible geographic,
population, economic, and fire risk dimensions. Such
regional units may serve to: (a) Reinforce coordination
among state and local activities in fire service training,
reporting, inspections, and investigations; (b) identify areas
of special need, particularly in smaller jurisdictions with
inadequate resources; (c) assist the state in its oversight
responsibilities; (d) identify funding needs and options at
(2002 Ed.)
43.43.934
both the state and local levels; and (e) provide models for
building local capacity in fire protection programs. [1999 c
117 § 1; 1999 c 24 § 3; 1998 c 245 § 65. Prior: 1995 c
369 § 16; 1995 c 243 § 11; 1993 c 280 § 69; 1986 c 266 §
56. Formerly RCW 43.63A.320.]
Reviser’s note: This section was amended by 1999 c 24 § 3 and by
1999 c 117 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—1999 c 24: See note following RCW 38.52.505.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—1995 c 243 § 11: "Section 11 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect July 1, 1995." [1995 c 243 § 13.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.936 State fire protection policy board—
Advisory duties. In regards to the statutory duties of the
chief of the Washington state patrol that are to be carried out
through the director of fire protection, the board shall serve
in an advisory capacity in order to enhance the continuity of
state fire protection services. In this capacity, the board
shall:
(1) Advise the chief of the Washington state patrol and
the director of fire protection on matters pertaining to their
duties under law; and
(2) Advise the chief of the Washington state patrol and
the director of fire protection on all budgeting and fiscal
matters pertaining to the duties of the director of fire
protection and the board. [1995 c 369 § 17; 1993 c 280 §
70; 1986 c 266 § 57. Formerly RCW 43.63A.330.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.938
Director of fire protection—
Appointment—Duties. (1) Wherever the term state fire
marshal appears in the Revised Code of Washington or the
Washington Administrative Code it shall mean the director
of fire protection.
(2) The chief of the Washington state patrol shall
appoint an officer who shall be known as the director of fire
protection. The board, after consulting with the chief of the
Washington state patrol, shall prescribe qualifications for the
position of director of fire protection. The board shall
submit to the chief of the Washington state patrol a list
containing the names of three persons whom the board
believes meet its qualifications. If requested by the chief of
the Washington state patrol, the board shall submit one
additional list of three persons whom the board believes
meet its qualifications. The appointment shall be from one
of the lists of persons submitted by the board.
(3) The director of fire protection may designate one or
more deputies and may delegate to those deputies his or her
duties and authorities as deemed appropriate.
[Title 43 RCW—page 263]
43.43.938
Title 43 RCW: State Government—Executive
(4) The director of fire protection, in accordance with
the policies, objectives, and priorities of the fire protection
policy board, shall prepare a biennial budget pertaining to
fire protection services. Such biennial budget shall be
submitted as part of the Washington state patrol’s budget
request.
(5) The director of fire protection, shall implement and
administer, within constraints established by budgeted
resources, the policies, objectives, and priorities of the board
and all duties of the chief of the Washington state patrol that
are to be carried out through the director of fire protection.
Such administration shall include negotiation of agreements
with the state board for community and technical colleges,
the higher education coordinating board, and the state
colleges and universities as provided in *RCW 43.63A.320.
Programs covered by such agreements shall include, but not
be limited to, planning curricula, developing and delivering
instructional programs and materials, and using existing
instructional personnel and facilities. Where appropriate,
such contracts shall also include planning and conducting
instructional programs at the state fire service training center.
(6) The chief of the Washington state patrol, through the
director of fire protection, shall seek the advice of the board
in carrying out his or her duties under law. [1995 c 369 §
18; 1993 c 280 § 71; 1986 c 266 § 58. Formerly RCW
43.63A.340.]
*Reviser’s note: RCW 43.63A.320 was recodified as RCW
43.43.934 pursuant to 1995 c 369 § 69, effective July 1, 1995.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.940 Fire service training program—Grants
and bequests. The Washington state patrol may accept any
and all donations, grants, bequests, and devises, conditional
or otherwise, or money, property, service, or other things of
value which may be received from the United States or any
agency thereof, any governmental agency, any institution,
person, firm, or corporation, public and private, to be held,
used, or applied for the purposes of the fire service training
program established in RCW 43.43.934. [1995 c 369 § 19;
1986 c 266 § 59. Formerly RCW 43.63A.350.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.942 Fire service training—Fees and fee
schedules. The Washington state patrol may: (1) Impose
and collect fees for fire service training; and (2) establish
and set fee schedules for fire service training. [1995 c 369
§ 20; 1986 c 266 § 60. Formerly RCW 43.63A.360.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.944 Fire service training account. (1) The fire
service training account is hereby established in the state
treasury. The fund shall consist of:
[Title 43 RCW—page 264]
(a) All fees received by the Washington state patrol for
fire service training;
(b) All grants and bequests accepted by the Washington
state patrol under RCW 43.43.940; and
(c) Twenty percent of all moneys received by the state
on fire insurance premiums.
(2) Moneys in the account may be appropriated only for
fire service training. [1999 c 117 § 2; 1995 c 369 § 21;
1986 c 266 § 61. Formerly RCW 43.63A.370.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.946 Fire services trust fund. The fire services
trust fund is created in the state treasury. All receipts
designated by the legislature shall be deposited in the fund.
Appropriations from the fund may be made exclusively for
the purposes specified in *RCW 43.63A.377. [1991 c 135
§ 2. Formerly RCW 43.63A.375.]
*Reviser’s note: RCW 43.63A.377 was recodified as RCW
43.43.948 pursuant to 1995 c 369 § 69, effective July 1, 1995.
Intent—1991 c 135: "It is necessary for the health, safety, and
welfare of the people of the state of Washington that fire code enforcement,
public education on fire prevention, fire training for fire and emergency
response personnel, and administration of these activities be funded in a
dependable manner. It is therefore the intent of the legislature to establish
a fund for these purposes." [1991 c 135 § 1.]
Effective date—1991 c 135: "This act is necessary for the preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July 1, 1991."
[1991 c 135 § 8.]
Severability—1991 c 135: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 135 § 9.]
43.43.948 Fire services trust fund—Expenditures.
Money from the fire services trust fund may be expended for
the following purposes:
(1) Training of fire service personnel, including both
classroom and hands-on training at the state fire training
center or other locations approved by the chief of the
Washington state patrol through the director of fire protection services;
(2) Maintenance and operation at the state’s fire training
center near North Bend. If in the future the state builds or
leases other facilities as other fire training centers, a portion
of these moneys may be used for the maintenance and
operation at these centers;
(3) Lease or purchase of equipment for use in the
provisions of training to fire service personnel;
(4) Grants or subsidies to local jurisdictions to allow
them to perform their functions under this section;
(5) Costs of administering these programs under this
section;
(6) Licensing and enforcement of state laws governing
the sales of fireworks; and
(7) Development with the legal fireworks industry and
funding of a statewide public education program for fireworks safety. [1995 c 369 § 22; 1991 c 135 § 3. Formerly
RCW 43.63A.377.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
(2002 Ed.)
Washington State Patrol
Intent—Effective date—Severability—1991 c 135: See notes
following RCW 43.43.946.
43.43.950 Fire service training center bond retirement account of 1977. The state fire service training center
bond retirement account of 1977 is hereby reestablished as
an account within the treasury for the purpose of the
payment of the principal of and interest on the bonds
authorized to be issued pursuant to chapter 349, Laws of
1977 ex. sess., or chapter 470, Laws of 1985 or, if the legislature so determines, for any bonds and notes hereafter
authorized and issued for the commission for vocational
education or the statutory successor to its powers and duties
involving the state fire training center.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
such bonds. The state treasurer shall withdraw from any
general state revenues received in the state treasury and
deposit in the state general obligation bond retirement fund
such amounts and at such times as are required by the bond
proceedings. [1991 sp.s. c 13 § 79. Formerly RCW
43.63A.380.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.43.952 Arson investigation information system—
Findings—Intent. (1) The legislature finds that provisions
for information systems relating to statistics and reporting for
fire prevention, suppression, and damage control do not
adequately address the needs of ongoing investigations of
fire incidents where the cause is suspected or determined to
be the result of negligence or otherwise suggestive of some
criminal activity, particularly that of arson. It is the intent
of the legislature to establish an information and reporting
system designed specifically to assist state and local officers
in conducting such investigations and, where substantiated,
to undertake prosecution of individuals suspected of such
activities.
(2)(a) In addition to the information provided by local
officials about the cause, origin, and extent of loss in fires
under chapter 48.48 RCW, there is hereby created the state
arson investigation information system in the Washington
state patrol.
(b) The chief of the Washington state patrol shall
develop the arson investigation information system in
consultation with representatives of the various state and
local officials charged with investigating fires resulting from
suspicious or criminal activities under chapter 48.48 RCW
and of the insurance industry.
(c) The arson investigation information system shall be
designed to include at least the following attributes: (i) The
information gathered and reported shall meet the diverse
needs of state and local investigating agencies; (ii) the forms
and reports are drafted in understandable terms of common
usage; and (iii) the results shall be adaptable to the varying
levels of available resources, maintained in a manner to
foster data sharing and mutual aid activities, and made
available to other law enforcement agencies responsible for
criminal investigations.
(2002 Ed.)
43.43.948
(d) All insurers required to report claim information
under the provisions of chapter 48.50 RCW shall cooperate
fully with any requests from the chief of the Washington
state patrol in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced. [1995 c 369 §
64.]
Reviser’s note: 1995 c 369 directed that this section be added to
chapter 43.10 RCW. This section has been codified in chapter 43.43 RCW,
which relates more directly to the functions of the chief of the Washington
state patrol with regard to fire protection.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Chapter 43.46
ARTS COMMISSION
Sections
43.46.005
43.46.015
43.46.030
43.46.040
43.46.045
43.46.050
43.46.055
43.46.060
43.46.070
43.46.090
43.46.095
43.46.900
Purpose.
Washington state arts commission established—
Composition.
Terms—Vacancies.
Compensation—Travel expenses—Organization—
Chairperson—Rules—Quorum.
Executive director—Employees.
Powers and duties generally.
Development of arts and humanities.
Gifts and grants.
Biennial report.
Commission as reflecting state’s responsibility—Acquisition
of works of art for public buildings and lands—Visual
arts program established.
State art collection.
Effective date—1985 c 317.
43.46.005 Purpose. The conservation and development of the state’s artistic resources is essential to the social,
educational, and economic growth of the state of Washington. Artists, works of art, and artistic institutions contribute
to the quality of life and the general welfare of the citizens
of the state, and are an appropriate matter of concern to the
government of the state of Washington. [1985 c 317 § 1.]
43.46.015 Washington state arts commission
established—Composition. There is established a Washington state arts commission. The commission consists of
nineteen members appointed by the governor and four
members of the legislature, one from each caucus in the
senate and appointed by the president of the senate and one
from each caucus in the house of representatives and
appointed by the speaker of the house of representatives.
The governor shall appoint citizens representing the various
disciplines within the visual, performing and literary arts,
and other citizens active in the arts community. The
governor shall consider nominations for membership from
individuals actively involved in cultural, state or community
organizations. The governor shall also consider geographical
distribution of the membership in the appointment of new
members. [1999 c 241 § 1; 1985 c 317 § 2.]
43.46.030 Terms—Vacancies. Members shall serve
three year terms. A legislative member shall serve as long
as he or she is a member of the legislative body from which
he or she was appointed. Each member will continue to
[Title 43 RCW—page 265]
43.46.030
Title 43 RCW: State Government—Executive
serve until a successor is appointed. Vacancies shall be
filled by appointment for the remainder of the unexpired
term. [1985 c 317 § 3; 1967 ex.s. c 125 § 4; 1965 c 8 §
43.46.030. Prior: 1961 c 301 § 3.]
43.46.040 Compensation—Travel expenses—
Organization—Chairperson—Rules—Quorum. Members
of the commission shall serve without compensation.
However, nonlegislative members shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060 and legislative members shall be reimbursed as
provided in RCW 44.04.120. The commission shall organize, elect a chairperson annually, and adopt rules pursuant
to chapter 34.05 RCW. A majority of its members constitute
a quorum. Any action as defined in RCW 42.30.020(3) shall
be taken only at a meeting at which a quorum is present.
[1985 c 317 § 4; 1965 c 8 § 43.46.040. Prior: 1961 c 301
§ 4.]
43.46.045 Executive director—Employees. The
governor shall select a full time executive director from a list
of three names submitted by the commission by September
1, 1988, and anytime thereafter that a vacancy occurs. The
executive director shall receive no other salary and shall not
be otherwise gainfully employed. Subject to the provisions
of chapter 41.06 RCW, the executive director may also
employ such clerical and other assistants as may be reasonably required to carry out commission functions. The executive director shall serve at the pleasure of the governor.
[1988 c 81 § 23; 1985 c 317 § 5; 1967 ex.s. c 125 § 2.]
43.46.050 Powers and duties generally. The commission shall meet, study, plan, and advise the governor, the
various departments of the state and the state legislature and
shall make such recommendations as it deems proper for the
cultural development of the state of Washington. [1985 c
317 § 6; 1965 c 8 § 43.46.050. Prior: 1961 c 301 § 5.]
43.46.055 Development of arts and humanities. The
commission may develop, sponsor, promote and administer
any activity, project, or program within or without this state
which is related to the growth and development of the arts
and humanities in the state of Washington and may assist
any person or public or private agency to this end. [1985 c
317 § 7; 1967 ex.s. c 125 § 1.]
43.46.060 Gifts and grants. The commission may
accept gifts and grants upon such terms as the commission
shall deem proper. [1965 c 8 § 43.46.060. Prior: 1961 c
301 § 6.]
43.46.070 Biennial report. The commission shall
make a biennial report of its proceedings and recommendations to the governor, which shall contain a full description
of program and project activity, including fund sources and
expenditures for the biennium covered by the report. [1985
c 317 § 8; 1965 c 8 § 43.46.070. Prior: 1961 c 301 § 7.]
43.46.090 Commission as reflecting state’s responsibility—Acquisition of works of art for public buildings
[Title 43 RCW—page 266]
and lands—Visual arts program established. The legislature recognizes this state’s responsibility to foster culture and
the arts and its interest in the viable development of her artists and craftsmen by the establishment of the Washington
state arts commission. The legislature declares it to be a
policy of this state that a portion of appropriations for capital
expenditures be set aside for the acquisition of works of art
to be placed in public buildings or lands. There is hereby
established a visual arts program to be administered by the
Washington state arts commission. [1983 c 204 § 1; 1974
ex.s. c 176 § 1.]
Severability—1983 c 204: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 204 § 11.]
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Colleges and universities, purchases of works of art—Procedure: RCW
28B.10.025.
Purchase of works of art—Procedure: RCW 43.19.455.
School districts, purchases of works of art—Procedure: RCW 28A.335.210.
43.46.095 State art collection. All works of art
purchased and commissioned under the visual arts program
shall become a part of a state art collection developed,
administered, and operated by the Washington state arts
commission. All works of art previously purchased or
commissioned under RCW 43.46.090, 43.17.200, 43.19.455,
28B.10.025, or 28A.335.210 shall be considered a part of
the state art collection to be administered by the Washington
state arts commission. [1990 c 33 § 578; 1983 c 204 § 2.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
43.46.900 Effective date—1985 c 317. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect June 30,
1985. [1985 c 317 § 10.]
Chapter 43.52
OPERATING AGENCIES
Sections
43.52.250
43.52.260
43.52.272
43.52.290
Definitions.
Scope of authority.
Power commission abolished.
Members of the board of directors of an operating agency—
Compensation—May hold other public position—
Incompatibility of offices doctrine voided.
43.52.300 Powers and duties of an operating agency.
43.52.3411 Revenue bonds or warrants.
43.52.343 Revenue bonds or warrants—Sale by negotiation or advertisement and bid.
43.52.350 Operating agencies to provide fishways, facilities and hatcheries—Contracts.
43.52.360 Operating agency—Formation—Additional projects—
Appeals—Membership, withdrawal—Dissolution.
43.52.370 Operating agency board of directors—Members, appointment, vote, term, etc.—Rules—Proceedings—Limitation
on powers and duties.
43.52.374 Operating agency executive board—Members—Terms—
Removal—Rules—Proceedings—Managing director—
Civil immunities—Defense and indemnification.
(2002 Ed.)
Operating Agencies
43.52.375
43.52.378
43.52.380
43.52.383
43.52.385
43.52.391
43.52.395
43.52.410
43.52.430
43.52.440
43.52.450
43.52.460
43.52.470
43.52.515
43.52.520
43.52.525
43.52.530
43.52.535
43.52.550
43.52.560
43.52.565
43.52.570
43.52.575
43.52.580
43.52.585
43.52.590
43.52.612
43.52.910
Treasurer—Auditor—Powers and duties—Official bonds—
Funds.
Executive board—Appointment of administrative auditor—
Retention of firm for performance audits—Duties of
auditor and firm—Reports.
Member’s preference to buy energy—Apportionment—
Surplus.
Compliance with open public meetings act.
Best interest of ratepayers to determine interest of agency.
Powers and duties of operating agency.
Maximum interest rate operating agency may pay member.
Authority of city or district to contract for electric energy or
falling waters.
Appeals from director of department of ecology.
Effect of chapter on "Columbia River Sanctuary Act."
Chapter requirements are cumulative—Preservation of
rights—Not subject to utilities and transportation commission.
Operating agency to pay in lieu of taxes.
Operating agency—Validity of organization and existence.
Application of Titles 9 and 9A RCW.
Security force—Authorized.
Security force—Criminal history record information.
Security force—Powers and duties—Rules on speed, operation, location of vehicles authorized.
Security force—Membership in retirement system authorized.
Plans for repayment of operating agency obligations maturing prior to planned operation of plant.
Contracts for materials or work required—Sealed bids.
Contracts for materials or work through competitive negotiation authorized—Selection of contractor.
Purchase of materials by telephone or written quotation
authorized—Procedure.
Purchase of materials without competition authorized.
Emergency purchase of materials or work by contract.
Procedures for implementing RCW 43.52.560 through
43.52.580.
Construction of RCW 43.52.560 through 43.52.585.
Contract bid form.
Construction—1965 c 8.
43.52.250 Definitions. As used in this chapter and
unless the context indicates otherwise, words and phrases
shall mean:
"District" means a public utility district as created under
the laws of the state of Washington authorized to engage in
the business of generating and/or distributing electricity.
"City" means any city or town in the state of Washington authorized to engage in the business of generating and/or
distributing electricity.
"Canada" means Canada or any province thereof.
"Operating agency" or "joint operating agency" means
a municipal corporation created pursuant to RCW 43.52.360,
as now or hereafter amended.
"Board of directors" means the board established under
RCW 43.52.370.
"Executive board" means the board established under
RCW 43.52.374.
"Board" means the board of directors of the joint
operating agency unless the operating agency is constructing,
operating, terminating, or decommissioning a nuclear power
plant under a site certification agreement under chapter 80.50
RCW, in which case "board" means the executive board.
"Public utility" means any person, firm or corporation,
political subdivision or governmental subdivision including
cities, towns and public utility districts engaged in or
authorized to engage in the business of generating, transmitting or distributing electric energy.
(2002 Ed.)
Chapter 43.52
"Revenue bonds or warrants" means bonds, notes, bond
anticipation notes, warrants, certificates of indebtedness,
commercial paper, refunding or renewal obligations, payable
from a special fund or revenues of the utility properties
operated by the joint operating agency.
"Electrical resources" means both electric energy and
conservation.
"Electrical energy" means electric energy produced by
any means including water power, steam power, nuclear
power, and conservation.
"Conservation" means any reduction in electric power
consumption as a result of increases in efficiency of energy
use, production, or distribution. [1987 c 376 § 8; 1982 1st
ex.s. c 43 § 1; 1981 1st ex.s. c 1 § 1; 1977 ex.s. c 184 § 1;
1965 c 8 § 43.52.250. Prior: 1953 c 281 § 1.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
Severability—1981 1st ex.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 1st ex.s. c 1 § 5.]
43.52.260 Scope of authority. The authority granted
in this chapter shall apply equally to the generating of
electricity by water power, by steam power, by nuclear
power, conservation, or by any other means whatsoever.
[1987 c 376 § 9; 1977 ex.s. c 184 § 2; 1965 c 8 §
43.52.260. Prior: 1955 c 258 § 18; 1953 c 281 § 20.]
43.52.272 Power commission abolished. The
Washington state power commission is hereby abolished.
[1965 c 8 § 43.52.272. Prior: 1957 c 295 § 8.]
43.52.290 Members of the board of directors of an
operating agency—Compensation—May hold other
public position—Incompatibility of offices doctrine
voided. Members of the board of directors of an operating
agency shall be paid the sum of fifty dollars per day as
compensation for each day or major part thereof devoted to
the business of the operating agency, together with their
traveling and other necessary expenses. Such member may,
regardless of any charter or other provision to the contrary,
be an officer or employee holding another public position
and, if he be such other public officer or employee, he shall
be paid by the operating agency such amount as will,
together with the compensation for such other public position
equal the sum of fifty dollars per day. The common law
doctrine of incompatibility of offices is hereby voided as it
applies to persons sitting on the board of directors or the
executive board of an operating agency and holding an
elective or appointive position on a public utility district
commission or municipal legislative authority or being an
employee of a public utility district or municipality. [1983
1st ex.s. c 3 § 1; 1982 1st ex.s. c 43 § 5; 1977 ex.s. c 184
§ 3; 1965 c 8 § 43.52.290. Prior: 1953 c 281 § 4.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.300 Powers and duties of an operating
agency. An operating agency formed under RCW 43.52.360
shall have authority:
[Title 43 RCW—page 267]
43.52.300
Title 43 RCW: State Government—Executive
(1) To generate, produce, transmit, deliver, exchange,
purchase or sell electric energy and to enter into contracts
for any or all such purposes.
(2) To construct, condemn, purchase, lease, acquire, add
to, extend, maintain, improve, operate, develop and regulate
plants, works and facilities for the generation and/or transmission of electric energy, either within or without the state
of Washington, and to take, condemn, purchase, lease and
acquire any real or personal, public or private property,
franchise and property rights, including but not limited to
state, county and school lands and properties, for any of the
purposes herein set forth and for any facilities or works
necessary or convenient for use in the construction, maintenance or operation of any such works, plants and facilities;
provided that an operating agency shall not be authorized to
acquire by condemnation any plants, works and facilities
owned and operated by any city or district, or by a privately
owned public utility. An operating agency shall be authorized to contract for and to acquire by lease or purchase
from the United States or any of its agencies, any plants,
works or facilities for the generation and transmission of
electricity and any real or personal property necessary or
convenient for use in connection therewith.
(3) To negotiate and enter into contracts with the United
States or any of its agencies, with any state or its agencies,
with Canada or its agencies or with any district or city of
this state, for the lease, purchase, construction, extension,
betterment, acquisition, operation and maintenance of all or
any part of any electric generating and transmission plants
and reservoirs, works and facilities or rights necessary
thereto, either within or without the state of Washington, and
for the marketing of the energy produced therefrom. Such
negotiations or contracts shall be carried on and concluded
with due regard to the position and laws of the United States
in respect to international agreements.
(4) To negotiate and enter into contracts for the purchase, sale, exchange, transmission or use of electric energy
or falling water with any person, firm or corporation,
including political subdivisions and agencies of any state of
Canada, or of the United States, at fair and nondiscriminating rates.
(5) To apply to the appropriate agencies of the state of
Washington, the United States or any thereof, and to Canada
and/or to any other proper agency for such permits, licenses
or approvals as may be necessary, and to construct, maintain
and operate works, plants and facilities in accordance with
such licenses or permits, and to obtain, hold and use such
licenses and permits in the same manner as any other person
or operating unit.
(6) To establish rates for electric energy sold or transmitted by the operating agency. When any revenue bonds or
warrants are outstanding the operating agency shall have the
power and shall be required to establish and maintain and
collect rates or charges for electric energy, falling water and
other services sold, furnished or supplied by the operating
agency which shall be fair and nondiscriminatory and
adequate to provide revenues sufficient for the payment of
the principal and interest on such bonds or warrants and all
payments which the operating agency is obligated to set
aside in any special fund or funds created for such purposes,
and for the proper operation and maintenance of the public
[Title 43 RCW—page 268]
utility owned by the operating agency and all necessary repairs, replacements and renewals thereof.
(7) To act as agent for the purchase and sale at wholesale of electricity for any city or district whenever requested
so to do by such city or district.
(8) To contract for and to construct, operate and
maintain fishways, fish protective devices and facilities and
hatcheries as necessary to preserve or compensate for
projects operated by the operating agency.
(9) To construct, operate and maintain channels, locks,
canals and other navigational, reclamation, flood control and
fisheries facilities as may be necessary or incidental to the
construction of any electric generating project, and to enter
into agreements and contracts with any person, firm or
corporation, including political subdivisions of any state, of
Canada or the United States for such construction, operation
and maintenance, and for the distribution and payment of the
costs thereof.
(10) To employ legal, engineering and other professional
services and fix the compensation of a managing director
and such other employees as the operating agency may
deem necessary to carry on its business, and to delegate to
such manager or other employees such authority as the
operating agency shall determine. Such manager and
employees shall be appointed for an indefinite time and be
removable at the will of the operating agency.
(11) To study, analyze and make reports concerning the
development, utilization and integration of electric generating
facilities and requirements within the state and without the
state in that region which affects the electric resources of the
state.
(12) To acquire any land bearing coal, uranium, geothermal, or other energy resources, within or without the state,
or any rights therein, for the purpose of assuring a long-term,
adequate supply of coal, uranium, geothermal, or other
energy resources to supply its needs, both actual and
prospective, for the generation of power and may make such
contracts with respect to the extraction, sale, or disposal of
such energy resources that it deems proper. [1977 ex.s. c
184 § 4; 1975 1st ex.s. c 37 § 1; 1965 c 8 § 43.52.300.
Prior: 1955 c 258 § 1; 1953 c 281 § 5.]
43.52.3411 Revenue bonds or warrants. For the
purposes provided for in this chapter, an operating agency
shall have power to issue revenue bonds or warrants payable
from the revenues of the utility properties operated by it.
Whenever the board of a joint operating agency shall deem
it advisable to issue bonds or warrants to engage in conservation activities or to construct or acquire any public utility
or any works, plants or facilities or any additions or
betterments thereto or extensions thereof it shall provide
therefor by resolution, which shall specify and adopt the
system or plan proposed and declare the estimated cost
thereof as near as may be. Such cost may include funds for
working capital, for payment of expenses incurred in the
conservation activities or the acquisition or construction of
the utility and for the repayment of advances made to the
operating agency by any public utility district or city.
Except as otherwise provided in RCW 43.52.343, all the
provisions of law as now or hereafter in effect relating to
revenue bonds or warrants of public utility districts shall
(2002 Ed.)
Operating Agencies
apply to revenue bonds or warrants issued by the joint operating agency including, without limitation, provisions relating
to: The creation of special funds and the pledging of
revenues thereto; the time and place of payment of such
bonds or warrants and the interest rate or rates thereon; the
covenants that may be contained therein and the effect
thereof; the execution, issuance, sale, funding, or refunding,
redemption and registration of such bonds or warrants; and
the status thereof as negotiable instruments, as legal securities for deposits of public moneys and as legal investments
for trustees and other fiduciaries and for savings and loan
associations, banks and insurance companies doing business
in this state. However, for revenue bonds or warrants issued
by an operating agency, the provisions under RCW
54.24.030 relating to additional or alternate methods for
payment may be made a part of the contract with the owners
of any revenue bonds or warrants of an operating agency.
The board may authorize the managing director or the
treasurer of the operating agency to sell revenue bonds or
warrants maturing one year or less from the date of issuance,
and to fix the interest rate or rates on such revenue bonds or
warrants with such restrictions as the board shall prescribe.
Such bonds and warrants may be in any form, including
bearer bonds or bearer warrants, or registered bonds or
registered warrants as provided in RCW 39.46.030. Such
bonds and warrants may also be issued and sold in accordance with chapter 39.46 RCW. [1987 c 376 § 10; 1983 c
167 § 116; 1981 1st ex.s. c 1 § 2; 1965 c 8 § 43.52.3411.
Prior: 1957 c 295 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 1st ex.s. c 1: See note following RCW
43.52.250.
43.52.343 Revenue bonds or warrants—Sale by
negotiation or advertisement and bid. All bonds issued by
an operating agency shall be sold and delivered in such manner, at such rate or rates of interest and for such price or
prices and at such time or times as the board shall deem in
the best interests of the operating agency, whether by
negotiation or to the highest and best bidder after such
advertising for bids as the board of the operating agency
may deem proper: PROVIDED, That the board may reject
any and all bids so submitted and thereafter sell such bonds
so advertised under such terms and conditions as it may
deem most advantageous to its own interests. [1981 1st ex.s.
c 1 § 3; 1965 c 8 § 43.52.343. Prior: 1957 c 295 § 7; 1955
c 258 § 10.]
Severability—1981 1st ex.s. c 1: See note following RCW
43.52.250.
43.52.350 Operating agencies to provide fishways,
facilities and hatcheries—Contracts. An operating agency
shall, at the time of the construction of any dam or obstruction, construct and shall thereafter maintain and operate such
fishways, fish protective facilities and hatcheries as the
director of fish and wildlife finds necessary to permit
anadromous fish to pass any dam or other obstruction
operated by the operating agency or to replace fisheries
damaged or destroyed by such dam or obstruction and an
operating agency is further authorized to enter into contracts
with the department of fish and wildlife to provide for the
(2002 Ed.)
43.52.3411
construction and/or operation of such fishways, facilities and
hatcheries. [1994 c 264 § 24; 1988 c 36 § 18; 1977 ex.s. c
184 § 5; 1965 c 8 § 43.52.350. Prior: 1953 c 281 § 11.]
43.52.360 Operating agency—Formation—
Additional projects—Appeals—Membership, withdrawal—Dissolution. Any two or more cities or public utility
districts or combinations thereof may form an operating
agency (herein sometimes called a joint operating agency)
for the purpose of acquiring, constructing, operating and
owning plants, systems and other facilities and extensions
thereof, for the generation and/or transmission of electric
energy and power. Each such agency shall be a municipal
corporation of the state of Washington with the right to sue
and be sued in its own name.
Application for the formation of an operating agency
shall be made to the director of the department of ecology
(herein sometimes referred to as the director) after the
adoption of a resolution by the legislative body of each city
or public utility district to be initial members thereof
authorizing said city or district to participate. Such application shall set forth (1) the name and address of each participant, together with a certified copy of the resolution authorizing its participation; (2) a general description of the project and the principal project works, including dams, reservoirs, power houses and transmission lines; (3) the general
location of the project and, if a hydroelectric project, the
name of the stream on which such proposed project is to be
located; (4) if the project is for the generation of electricity,
the proposed use or market for the power to be developed;
(5) a general statement of the electric loads and resources of
each of the participants; (6) a statement of the proposed
method of financing the preliminary engineering and other
studies and the participation therein by each of the participants.
Within ten days after such application is filed with the
director of the department of ecology notice thereof shall be
published by the director once a week for four consecutive
weeks in a newspaper of general circulation in the county or
counties in which such project is to be located, setting forth
the names of the participants and the general nature, extent
and location of the project. Any public utility wishing to do
so may object to such application by filing an objection,
setting forth the reasons therefor, with the director of the
department of ecology not later than ten days after the date
of last publication of such notice.
Within ninety days after the date of last publication the
director shall either make findings thereon or have instituted
a hearing thereon. In the event the director has neither made
findings nor instituted a hearing within ninety days of the
date of last publication, or if such hearing is instituted within
such time but no findings are made within one hundred and
twenty days of the date of such last publication, the application shall be deemed to have been approved and the operating agency established. If it shall appear (a) that the
statements set forth in said application are substantially
correct; (b) that the contemplated project is such as is
adaptable to the needs, both actual and prospective, of the
participants and such other public utilities as indicate a good
faith intention by contract or by letter of intent to participate
in the use of such project; (c) that no objection to the
[Title 43 RCW—page 269]
43.52.360
Title 43 RCW: State Government—Executive
formation of such operating agency has been filed by any
other public utility which prior to and at the time of the
filing of the application for such operating agency had on
file a permit or license from an agency of the state or an
agency of the United States, whichever has primary jurisdiction, for the construction of such project; (d) that adequate
provision will be made for financing the preliminary engineering, legal and other costs necessary thereto; the director
shall make findings to that effect and enter an order creating
such operating agency, establishing the name thereof and the
specific project for the construction and operation for which
such operating agency is formed. Such order shall not be
construed to constitute a bar to any other public utility
proceeding according to law to procure any required governmental permits, licenses or authority, but such order shall
establish the competency of the operating agency to proceed
according to law to procure such permits, licenses or
authority.
No operating agency shall undertake projects or conservation activities in addition to those for which it was formed
without the approval of the legislative bodies of a majority
of the members thereof. Prior to undertaking any new
project for acquisition of an energy resource, a joint operating agency shall prepare a plan which details a least-cost
approach for investment in energy resources. The plan shall
include an analysis of the costs of developing conservation
compared with costs of developing other energy resources
and a strategy for implementation of the plan. The plan
shall be presented to the energy and utilities committees of
the senate and house of representatives for their review and
comment. In the event that an operating agency desires to
undertake such a hydroelectric project at a site or sites upon
which any publicly or privately owned public utility has a
license or permit or has a prior application for a license or
permit pending with any commission or agency, state or
federal, having jurisdiction thereof, application to construct
such additional project shall be made to the director of the
department of ecology in the same manner, subject to the
same requirements and with the same notice as required for
an initial agency and project and shall not be constructed
until an order authorizing the same shall have been made by
the director in the manner provided for such original
application.
Any party who has joined in filing the application for,
or objections against, the creation of such operating agency
and/or the construction of an additional project, and who
feels aggrieved by any order or finding of the director shall
have the right to appeal to the superior court in the manner
set forth in RCW 43.52.430.
After the formation of an operating agency, any other
city or district may become a member thereof upon application to such agency after the adoption of a resolution of its
legislative body authorizing said city or district to participate,
and with the consent of the operating agency by the affirmative vote of the majority of its members. Any member may
withdraw from an operating agency, and thereupon such
member shall forfeit any and all rights or interest which it
may have in such operating agency or in any of the assets
thereof: PROVIDED, That all contractual obligations
incurred while a member shall remain in full force and
effect. An operating agency may be dissolved by the
unanimous agreement of the members, and the members,
[Title 43 RCW—page 270]
after making provisions for the payment of all debts and
obligations, shall thereupon hold the assets thereof as tenants
in common. [1998 c 245 § 68; 1987 c 376 § 11; 1977 ex.s.
c 184 § 6; 1965 c 8 § 43.52.360. Prior: 1957 c 295 § 1;
1955 c 258 § 3; 1953 c 281 § 12.]
Generation of electric energy by steam: RCW 43.21.250 through
43.21.410.
43.52.370 Operating agency board of directors—
Members, appointment, vote, term, etc.—Rules—
Proceedings—Limitation on powers and duties. (1)
Except as provided in subsection (2) of this section, the
management and control of an operating agency shall be
vested in a board of directors, herein sometimes referred to
as the board. The legislative body of each member of an
operating agency shall appoint a representative who may, at
the discretion of the member and regardless of any charter
or other provision to the contrary, be an officer or employee
of the member, to serve on the board of the operating
agency. Each representative shall have one vote and shall
have, in addition thereto, one vote for each block of electric
energy equal to ten percent of the total energy generated by
the agency during the preceding year purchased by the
member represented by such representative. Each member
may appoint an alternative representative to serve in the
absence or disability of its representative. Each representative shall serve at the pleasure of the member. The
board of an operating agency shall elect from its members a
president, vice president and secretary, who shall serve at the
pleasure of the board. The president and secretary shall
perform the same duties with respect to the operating agency
as are provided by law for the president and secretary,
respectively, of public utility districts, and such other duties
as may be provided by motion, rule or resolution of the
board. The board of an operating agency shall adopt rules
for the conduct of its meetings and the carrying out of its
business, and adopt an official seal. All proceedings of an
operating agency shall be by motion or resolution and shall
be recorded in the minute book which shall be a public record. A majority of the board members shall constitute a
quorum for the transaction of business. A majority of the
votes which the members present are entitled to cast shall be
necessary and sufficient to pass any motion or resolution:
PROVIDED, That such board members are entitled to cast
a majority of the votes of all members of the board. The
members of the board of an operating agency may be
compensated by such agency as is provided in RCW
43.52.290: PROVIDED, That the compensation to any
member shall not exceed five thousand dollars in any year
except for board members who are elected to serve on an
executive board established under RCW 43.52.374.
(2) If an operating agency is constructing, operating,
terminating, or decommissioning a nuclear power plant under
a site certification agreement under chapter 80.50 RCW, the
powers and duties of the board of directors shall include and
are limited to the following:
(a) Final authority on any decision of the operating
agency to purchase, acquire, construct, terminate, or decommission any power plants, works, and facilities except that
once the board of directors has made a final decision
regarding a nuclear power plant, the executive board established under RCW 43.52.374 shall have the authority to
(2002 Ed.)
Operating Agencies
make all subsequent decisions regarding the plant and any of
its components;
(b) Election of members to, removal from, and establishment of salaries for the elected members of the executive
board under RCW 43.52.374(1)(a); and
(c) Selection and appointment of three outside directors
as provided in RCW 43.52.374(1)(b).
All other powers and duties of the operating agency,
including without limitation authority for all actions subsequent to final decisions by the board of directors, including
but not limited to the authority to sell any power plant,
works, and facilities are vested in the executive board established under RCW 43.52.374. [1983 1st ex.s. c 3 § 2;
1982 1st ex.s. c 43 § 2; 1981 1st ex.s. c 3 § 1; 1977 ex.s. c
184 § 7; 1965 c 8 § 43.52.370. Prior: 1957 c 295 § 2;
1953 c 281 § 13.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.374 Operating agency executive board—
Members—Terms—Removal—Rules—Proceedings—
Managing director—Civil immunities—Defense and
indemnification. (1) With the exception of the powers and
duties of the board of directors described in RCW
43.52.370(2), the management and control of an operating
agency constructing, operating, terminating, or decommissioning a nuclear power plant under a site certification
agreement under chapter 80.50 RCW is vested in an executive board established under this subsection and consisting of
eleven members.
(a) Five members of the executive board shall be elected
to four-year terms by the board of directors from among the
members of the board of directors. The board of directors
may provide by rule for the composition of the five members
of the executive board elected from among the members of
the board of directors so as to reflect the member public
utility districts’ and cities’ participation in the joint operating
agency’s projects. Members elected to the executive board
from the board of directors are ineligible for continued
membership on the executive board if they cease to be
members of the board of directors. The board of directors
may also provide by rule for the removal of a member of the
executive board, except for the outside directors. Members
of the board of directors may be elected to serve successive
terms on the executive board. Members elected to the
executive board from the board of directors shall receive a
salary from the operating agency at a rate set by the board
of directors.
(b) Six members of the executive board shall be outside
directors. Three shall be selected and appointed by the
board of directors, and three shall be selected and appointed
by the governor and confirmed by the senate. All outside
directors shall:
(i) Serve four-year terms on the executive board.
However, of the initial members of the executive board, the
board of directors and the governor shall each appoint one
outside director to serve a two-year term, one outside
director to serve a three-year term, and one outside director
to serve a four-year term. Thereafter, all outside directors
shall be appointed for four-year terms. All outside directors
are eligible for reappointment;
(2002 Ed.)
43.52.370
(ii) Receive travel expenses on the same basis as the
five members elected from the board of directors. The
outside directors shall also receive a salary from the operating agency as fixed by the governor;
(iii) Not be an officer or employee of, or in any way
affiliated with, the Bonneville power administration or any
electric utility conducting business in the states of Washington, Oregon, Idaho, or Montana;
(iv) Not be involved in the financial affairs of the
operating agency as an underwriter or financial adviser of
the operating agency or any of its members or any of the
participants in any of the operating agency’s plants; and
(v) Be representative of policy makers in business,
finance, or science, or have expertise in the construction or
management of such facilities as the operating agency is
constructing or operating, or have expertise in the termination, disposition, or liquidation of corporate assets.
(c) The governor may remove outside directors from the
executive board for incompetency, misconduct, or malfeasance in office in the same manner as state appointive
officers under chapter 43.06 RCW. For purposes of this
subsection, misconduct shall include, but not be limited to,
nonfeasance and misfeasance.
(2) Nothing in this chapter shall be construed to mean
that an operating agency is in any manner an agency of the
state. Nothing in this chapter alters or destroys the status of
an operating agency as a separate municipal corporation or
makes the state liable in any way or to any extent for any
preexisting or future debt of the operating agency or any
present or future claim against the agency.
(3) The eleven members of the executive board shall be
selected with the objective of establishing an executive board
which has the resources to effectively carry out its responsibilities. All members of the executive board shall conduct
their business in a manner which in their judgment is in the
interest of all ratepayers affected by the joint operating
agency and its projects.
(4) The executive board shall elect from its members a
chairman, vice chairman, and secretary, who shall serve at
the pleasure of the executive board. The executive board
shall adopt rules for the conduct of its meetings and the
carrying out of its business. All proceedings shall be by
motion or resolution and shall be recorded in the minute
book, which shall be a public record. A majority of the
executive board shall constitute a quorum for the transaction
of business.
(5) With respect to any operating agency existing on
April 20, 1982, to which the provisions of this section are
applicable:
(a) The board of directors shall elect five members to
the executive board no later than sixty days after April 20,
1982; and
(b) The board of directors and the governor shall select
and appoint the initial outside directors and the executive
board shall hold its organizational meeting no later than sixty
days after April 20, 1982, and the powers and duties
prescribed in this chapter shall devolve upon the executive
board at that time.
(6) The executive board shall select and employ a
managing director of the operating agency and may delegate
to the managing director such authority for the management
and control of the operating agency as the executive board
[Title 43 RCW—page 271]
43.52.374
Title 43 RCW: State Government—Executive
deems appropriate. The managing director’s employment is
terminable at the will of the executive board.
(7) Members of the executive board shall be immune
from civil liability for mistakes and errors of judgment in the
good faith performance of acts within the scope of their
official duties involving the exercise of judgment and discretion. This grant of immunity shall not be construed as
modifying the liability of the operating agency.
The operating agency shall undertake the defense of and
indemnify each executive board member made a party to any
civil proceeding including any threatened, pending, or
completed action, suit, or proceeding, whether civil, administrative, or investigative, by reason of the fact he or she is or
was a member of the executive board, against judgments,
penalties, fines, settlements, and reasonable expenses,
actually incurred by him or her in connection with such
proceeding if he or she had conducted himself or herself in
good faith and reasonably believed his or her conduct to be
in the best interest of the operating agency.
In addition members of the executive board who are
utility employees shall not be fired, forced to resign, or
demoted from their utility jobs for decisions they make while
carrying out their duties as members of the executive board
involving the exercise of judgment and discretion. [1983 1st
ex.s. c 3 § 3; 1982 1st ex.s. c 43 § 3; 1981 1st ex.s. c 3 §
2.]
Severability—1982 1st ex.s. c 43: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 43 § 11.]
Savings—1982 1st ex.s. c 43: "(1) All personnel and employees of
a board of directors or executive board or committee displaced by section
3 of this act shall become personnel and employees of the executive board
created in section 3 of this act without any loss of rights, subject to any
appropriate action thereafter.
(2) All pending business before a board of directors or executive board
or committee which is replaced by the executive board created in section 3
of this act shall be continued and acted upon by the new executive board.
(3) This act shall not be construed to alter:
(a) Any existing rights acquired under laws relating to operating
agencies;
(b) The status of any actions, activities, or civil or criminal proceedings of any existing operating agencies;
(c) The status of any collective bargaining agreements, indebtedness,
contracts, or other obligations;
(d) Any valid resolutions, covenants, or agreements between an
operating agency and members, participants in any electric generating
facility, privately owned public utilities, or agencies of the federal
government; or
(e) Any rules, resolutions, or orders adopted by a board of directors
or executive board or committee until canceled or superseded." [1982 1st
ex.s. c 43 § 4.]
43.52.375 Treasurer—Auditor—Powers and
duties—Official bonds—Funds. The board of each joint
operating agency shall by resolution appoint a treasurer. The
treasurer shall be the chief financial officer of the operating
agency, who shall report at least annually to the board a
detailed statement of the financial condition of the operating
agency and of its financial operations for the preceding fiscal
year. The treasurer shall advise the board on all matters
affecting the financial condition of the operating agency.
Before entering upon his duties the treasurer shall give bond
to the operating agency, with a surety company authorized
to write such bonds in this state as surety, in an amount
which the board finds by resolution will protect the operating
[Title 43 RCW—page 272]
agency against loss, conditioned that all funds which he
receives as such treasurer will be faithfully kept and accounted for and for the faithful discharge of his duties. The
amount of such bond may be decreased or increased from
time to time as the board may by resolution direct.
The board shall also appoint an auditor and may require
him to give a bond with a surety company authorized to do
business in the state of Washington in such amount as it
shall by resolution prescribe, conditioned for the faithful
discharge of his duties. The auditor shall report directly to
the board and be responsible to it for discharging his duties.
The premiums on the bonds of the auditor and the
treasurer shall be paid by the operating agency. The board
may provide for coverage of said officers and other persons
on the same bond.
All funds of the joint operating agency shall be paid to
the treasurer and shall be disbursed by him only on warrants
issued by the auditor upon orders or vouchers approved by
the board: PROVIDED, That the board by resolution may
authorize the managing director or any other bonded officer
or employee as legally permissible to approve or disapprove
vouchers presented to defray salaries of employees and other
expenses of the operating agency arising in the usual and
ordinary course of its business, including expenses incurred
by the board of directors, its executive committee, or the
executive board in the performance of their duties. All
moneys of the operating agency shall be deposited forthwith
by the treasurer in such depositaries, and with such securities
as are designated by rules of the board. The treasurer shall
establish a general fund and such special funds as shall be
created by the board, into which he shall place all money of
the joint operating agency as the board by resolution or
motion may direct. [1982 1st ex.s. c 43 § 7; 1981 1st ex.s.
c 3 § 3; 1965 c 8 § 43.52.375. Prior: 1957 c 295 § 4.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.378 Executive board—Appointment of
administrative auditor—Retention of firm for performance audits—Duties of auditor and firm—Reports. The
executive board of any operating agency constructing,
operating, terminating, or decommissioning a nuclear power
plant under a site certification agreement issued pursuant to
chapter 80.50 RCW shall appoint an administrative auditor.
The administrative auditor shall be deemed an officer under
chapter 42.23 RCW. The appointment of the administrative
auditor shall be in addition to the appointment of the auditor
for the issuance of warrants and other purposes as provided
in RCW 43.52.375. The executive board shall retain a
qualified firm or firms to conduct performance audits which
is in fact independent and does not have any interest, direct
or indirect, in any contract with the operating agency other
than its employment hereunder. No member or employee of
any such firm shall be connected with the operating agency
as an officer, employee, or contractor. The administrative
auditor and the firm or firms shall be independently and
directly responsible to the executive board of the operating
agency. The executive board shall require a firm to conduct
continuing audits of the methods, procedures and organization used by the operating agency to control costs, schedules,
productivity, contract amendments, project design and any
other topics deemed desirable by the executive board. The
(2002 Ed.)
Operating Agencies
executive board may also require a firm to analyze particular
technical aspects of the operating agency’s projects and
contract amendments. The firm or firms shall provide
advice to the executive board in its management and control
of the operating agency. At least once each year, the firm
or firms shall prepare and furnish a report of its actions and
recommendations to the executive board for the purpose of
enabling it to attain the highest degree of efficiency in the
management and control of any thermal power project under
construction or in operation. The administrative auditor shall
assist the firm or firms in the performance of its duties. The
administrative auditor and the firm or firms shall consult
regularly with the executive board and furnish any information or data to the executive board which the administrative
auditor, firm, or executive board deems helpful in accomplishing the purpose above stated. The administrative
auditor shall perform such other duties as the executive
board shall prescribe to accomplish the purposes of this
section.
Upon the concurrent request of the chairmen of the
senate or house energy and utilities committees, the operating agency shall report to the committees on a quarterly
basis. [1987 c 505 § 84; 1986 c 158 § 13; 1982 1st ex.s. c
43 § 8; 1981 1st ex.s. c 3 § 4; 1979 ex.s. c 220 § 1.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.380 Member’s preference to buy energy—
Apportionment—Surplus. Members shall have a preference right to the purchase of all electric energy generated by
an operating agency. As between members, the amount of
electric energy to which each shall be entitled shall be
computed annually and shall be based on the same percentage as the purchases of such member bore to the total
generation of the operating agency for the preceding year.
Surplus electric energy, that is energy not contracted for by
the members, may be sold to any public utility authorized by
law to distribute and sell electric energy. [1965 c 8 §
43.52.380. Prior: 1953 c 281 § 14.]
43.52.383 Compliance with open public meetings
act. (1) The legislature intends that the business and
deliberations of joint operating agencies conducted by their
boards of directors, executive boards, committees and
subcommittees be conducted openly and with opportunity for
public input.
(2) The board of directors, executive board, and all
committees or subcommittees thereof shall comply with the
provisions of chapter 42.30 RCW, in order to assure adequate public input and awareness of decisions. [1983 1st
ex.s. c 3 § 4.]
43.52.385 Best interest of ratepayers to determine
interest of agency. For the purposes of this chapter,
including but not limited to RCW 43.52.343, the best interests of all ratepayers affected by the joint operating agency
and its projects shall determine the interest of the operating
agency and its board. [1982 1st ex.s. c 43 § 9.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
(2002 Ed.)
43.52.378
43.52.391 Powers and duties of operating agency.
Except as otherwise provided in this section, a joint operating agency shall have all powers now or hereafter granted
public utility districts under the laws of this state. It shall
not acquire nor operate any electric distribution properties
nor condemn any properties owned by a public utility which
are operated for the generation and transmission of electric
power and energy or are being developed for such purposes
with due diligence under a valid license or permit, nor
purchase or acquire any operating hydroelectric generating
plant owned by any city or district on June 11, 1953, or
which may be acquired by any city or district by condemnation on or after January 1, 1957, nor levy taxes, issue
general obligation bonds, or create subdistricts. It may enter
into any contracts, leases or other undertakings deemed
necessary or proper and acquire by purchase or condemnation any real or personal property used or useful for its
corporate purposes. Actions in eminent domain may be
instituted in the superior court of any county in which any
of the property sought to be condemned is located and the
court in any such action shall have jurisdiction to condemn
property wherever located within the state; otherwise such
actions shall be governed by the same procedure as now or
hereafter provided by law for public utility districts. An
operating agency may sell steam or water not required by it
for the generation of power and may construct or acquire
any facilities it deems necessary for that purpose.
An operating agency may make contracts for any term
relating to the purchase, sale, interchange or wheeling of
power with the government of the United States or any
agency thereof and with any municipal corporation or public
utility, within or without the state, and may purchase or
deliver power anywhere pursuant to any such contract. An
operating agency may acquire any coal-bearing lands for the
purpose of assuring a long-term, adequate supply of coal to
supply its needs, both actual and prospective, for the
generation of power and may make such contracts with
respect to the extraction, sale or disposal of coal that it
deems proper.
Any member of an operating agency may advance or
contribute funds to an agency as may be agreed upon by the
agency and the member, and the agency shall repay such
advances or contributions from proceeds of revenue bonds,
from operating revenues or from any other funds of the
agency, together with interest not to exceed the maximum
specified in RCW 43.52.395(1). The legislative body of any
member may authorize and make such advances or contributions to an operating agency to assist in a plan for termination of a project or projects, whether or not such member is
a participant in such project or projects. Any member who
makes such advances or contributions for terminating a
project or projects in which it is not a participant shall not
assume any liability for any debts or obligations related to
the terminated project or projects on account of such
advance or contribution. [1982 c 1 § 1; 1977 ex.s. c 184 §
8; 1965 c 8 § 43.52.391. Prior: 1957 c 295 § 5.]
Severability—1982 c 1: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1982 c 1 § 3.]
Liability to other taxing districts for increased financial burdens: Chapter
54.36 RCW.
[Title 43 RCW—page 273]
43.52.395
Title 43 RCW: State Government—Executive
43.52.395 Maximum interest rate operating agency
may pay member. (1) The maximum rate at which an
operating agency shall add interest in repaying a member
under RCW 43.52.391 may not exceed the higher of fifteen
percent per annum or four percentage points above the
equivalent coupon issue yield (as published by the Board of
Governors of the Federal Reserve System) of the average bill
rate for twenty-six week treasury bills as determined at the
first bill market auction conducted during the preceding
calendar month.
(2) The maximum rate specified in subsection (1) of this
section is applicable to all advances and contributions made
by each member to the agency prior to January 21, 1982,
and to all renewals of such advances and contributions.
[1989 c 14 § 4; 1982 c 1 § 2.]
Severability—1982 c 1: See note following RCW 43.52.391.
43.52.410 Authority of city or district to contract
for electric energy or falling waters. Any city or district
is authorized to enter into contracts or compacts with any
operating agency or a publicly or privately owned public
utility for the purchase and sale of electric energy or falling
waters: PROVIDED, That no city or district may enter into
a contract or compact with an operating agency to purchase
electric energy, or to purchase or participate in a portion of
an electrical generating project, that commits the city or
district to pay an amount in excess of an express dollar
amount or in excess of an express rate per unit of electrical
energy received. [1983 c 308 § 1; 1977 ex.s. c 184 § 9;
1965 c 8 § 43.52.410. Prior: 1953 c 281 § 17.]
43.52.430 Appeals from director of department of
ecology. Any party in interest deeming itself aggrieved by
any order of the director of the department of ecology may
appeal to the superior court of Thurston county by serving
upon the director and filing with clerk of said court within
thirty days after the entry of the order a notice of appeal.
The director shall, within ten days after service of the notice
of appeal, file with the clerk of the court a return containing
a true copy of the order appealed from, together with a
transcript of the record of the proceeding before the director,
after which the appeal shall be at issue. The appeal shall be
heard and decided by the court upon the record before the
director and the court may either affirm, set aside, or remand
the order appealed from for further proceedings. Appellate
review of the superior court’s decision may be sought as in
other civil cases. [1988 c 202 § 44; 1977 ex.s. c 184 § 10;
1971 c 81 § 113; 1965 c 8 § 43.52.430. Prior: 1953 c 281
§ 19.]
43.52.450 Chapter requirements are cumulative—
Preservation of rights—Not subject to utilities and
transportation commission. The provisions of this chapter
shall be cumulative and shall not impair or supersede the
powers or rights of any person, firm or corporation or
political subdivision of the state of Washington under any
other law. The rights of all persons, firms, corporations and
political subdivisions or operating units of any kind under
existing contracts, renewals thereof or supplements thereto,
with the United States, or any agency thereof, for power, are
hereby preserved and such rights shall not be impaired or
modified by any of the provisions of this chapter or any of
the powers granted by this chapter.
The rates, services and practices of any operating
agency in respect to the power generated, transmitted or sold
by it shall not be governed by the regulations of the utilities
and transportation commission. [1977 ex.s. c 184 § 11;
1965 c 8 § 43.52.450. Prior: 1953 c 281 § 10.]
43.52.460 Operating agency to pay in lieu of taxes.
Any joint operating agency formed under this chapter shall
pay in lieu of taxes payments in the same amounts as paid
by public utility districts. Such payments shall be distributed
in accordance with the provisions applicable to public utility
districts: PROVIDED, HOWEVER, That such tax shall not
apply to steam generated electricity produced by a nuclear
steam powered electric generating facility constructed or
acquired by a joint operating agency and in operation prior
to May 17, 1971. [1971 ex.s. c 75 § 1; 1965 c 8 §
43.52.460. Prior: 1957 c 295 § 10.]
43.52.470 Operating agency—Validity of organization and existence. Except as provided in RCW 43.52.360,
the validity of the organization of any joint operating agency
can be questioned only by action instituted within six months
from the date that the joint operating agency is created. If
the validity of the existence of any joint operating agency is
not challenged within that period, by the filing and service
of a petition or complaint in the action, the state shall be
barred forever from questioning the validity of the joint
operating agency by reason of any defect claimed to exist in
the organization thereof, and it shall be deemed validly
organized for all purposes. Any joint operating agency
heretofore (March 26, 1957) attempted to be organized
pursuant to chapter 43.52 RCW and which has maintained its
existence since the date of such attempted organization, is
hereby declared legal and valid and its organization and
creation are validated and confirmed. [1965 c 8 § 43.52.470.
Prior: 1957 c 295 § 11.]
Severability—1988 c 202: See note following RCW 2.24.050.
43.52.440 Effect of chapter on "Columbia River
Sanctuary Act." Nothing contained in this chapter shall be
construed to amend, modify or repeal in any manner *RCW
75.20.110, commonly known as the "Columbia River
Sanctuary Act", and all matter herein contained shall be
expressly subject to such act. [1983 1st ex.s. c 46 § 178;
1965 c 8 § 43.52.440. Prior: 1953 c 281 § 23.]
*Reviser’s note: RCW 75.20.110 was recodified as RCW 77.55.160
pursuant to 2000 c 107 § 129.
[Title 43 RCW—page 274]
43.52.515 Application of Titles 9 and 9A RCW. All
of the provisions of Titles 9 and 9A RCW apply to actions
of a joint operating agency. [1981 c 173 § 6.]
Severability—1981 c 173: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 173 § 9.]
43.52.520 Security force—Authorized. An operating
agency constructing or operating a nuclear power plant under
a site certificate issued under chapter 80.50 RCW may
(2002 Ed.)
Operating Agencies
establish a security force for the protection and security of
each nuclear power plant site exclusion area. Members of
the security force may be supplied with uniforms and badges
indicating their position as security force members if the
uniforms and badges do not closely resemble the uniforms
or badges of any law enforcement agency or other agency
possessing law enforcement powers in the surrounding area
of the nuclear power plant exclusion area. Members of the
security force shall enroll in and successfully complete a
training program approved by the criminal justice training
commission which does not conflict with any requirements
of the United States nuclear regulatory commission for the
training of security personnel at nuclear power plants. All
costs incurred by the criminal justice training commission in
the preparation, delivery, or certification of the training
programs shall be paid by the operating agency. [1981 c
301 § 1.]
43.52.525 Security force—Criminal history record
information. An operating agency is authorized to obtain
criminal history record information pursuant to RCW
10.97.050 for any member of an operating agency security
force and for any applicant seeking employment as a
member of an operating agency security force. [1981 c 301
§ 2.]
43.52.530 Security force—Powers and duties—Rules
on speed, operation, location of vehicles authorized. (1)
Members of an operating agency security force authorized
under RCW 43.52.520 may use reasonable force to detain,
search, or remove persons who enter or remain without
permission within the nuclear power plant site exclusion area
or whenever, upon probable cause, it appears to a member
of the security force that a person has committed or is
attempting to commit a crime. Should any person be
detained, the security force shall immediately notify the law
enforcement agency, having jurisdiction over the nuclear
power plant site, of the detainment. The security force is
authorized to detain the person for a reasonable time until
custody can be transferred to a law enforcement officer.
Members of a security force may use that force necessary in
the protection of persons and properties located within the
confines of the nuclear power plant site exclusion area.
(2) An operating agency may adopt and enforce rules
controlling the speed, operation, and location of vehicles on
property owned or occupied by the operating agency. Such
rules shall be conspicuously posted and persons violating the
rules may be expelled or detained.
(3) The rights granted in subsection (1) of this section
are in addition to any others that may exist by law including,
but not limited to, the rights granted in RCW 9A.16.020(4).
[1981 c 301 § 3.]
43.52.535 Security force—Membership in retirement system authorized. Members of the operating agency
security force shall be members of the retirement system
under chapter 41.40 RCW. [1981 c 301 § 4.]
43.52.550 Plans for repayment of operating agency
obligations maturing prior to planned operation of plant.
Any municipal corporation, cooperative or mutual which has
(2002 Ed.)
43.52.520
entered into a contract with an operating agency to participate in the construction or acquisition of an energy plant as
defined in chapter 80.50 RCW shall annually adopt a plan
for the repayment of its contractual share of any operating
agency obligation which matures prior to the planned
operation of the plant. The manner of adoption of the plan
shall be subject to the laws regarding approval of rates of the
municipal corporation, cooperative or mutual.
The plan shall include the effect of the means of
repayment on its financial condition, its customers’ rates, its
other contractual rights and obligations, and any other matter
deemed useful by the participant.
Each such participating municipal corporation, cooperative or mutual shall include a statement of the extent of its
contractual obligation to any operating agency in an annual
financial report. [1981 1st ex.s. c 1 § 4.]
Severability—1981 1st ex.s. c 1: See note following RCW
43.52.250.
43.52.560 Contracts for materials or work required—Sealed bids. Except as provided otherwise in this
chapter, a joint operating agency shall purchase any item or
items of materials, equipment, or supplies, the estimated cost
of which is in excess of five thousand dollars exclusive of
sales tax, or order work for construction of generating
projects and associated facilities, the estimated cost of which
is in excess of ten thousand dollars exclusive of sales tax, by
contract in accordance with RCW 54.04.070 and 54.04.080,
which require sealed bids for contracts. [1998 c 245 § 69;
1987 c 376 § 1.]
43.52.565 Contracts for materials or work through
competitive negotiation authorized—Selection of contractor. (1) An operating agency may enter into contracts
through competitive negotiation under subsection (2) of this
section for materials, equipment, supplies, or work to be performed during commercial operation of a nuclear generating
project and associated facilities (a) to replace a defaulted
contract or a contract terminated in whole or in part, or (b)
where consideration of factors in addition to price, such as
technical knowledge, experience, management, staff, or
schedule, is necessary to achieve economical operation of the
project, provided that the managing director or a designee
determines in writing and the executive board finds that
execution of a contract under this section will accomplish
project completion or operation more economically than
sealed bids.
(2) The selection of a contractor shall be made in
accordance with the following procedures:
(a) Proposals shall be solicited through a request for
proposals, which shall state the requirements to be met.
Responses shall describe the professional competence of the
offeror, the technical merits of the offer, and the price.
(b) The request for proposals shall be given adequate
public notice in the same manner as for sealed bids.
(c) As provided in the request for proposals, the
operating agency shall specify at a preproposal conference
the contract requirements in the request for proposal, which
may include but are not limited to: Schedule, managerial,
and staffing requirements, productivity and production levels,
technical expertise, approved project quality assurance
[Title 43 RCW—page 275]
43.52.565
Title 43 RCW: State Government—Executive
procedures, and time and place for submission of proposals.
Any inquiries and responses thereto shall be confirmed in
writing and shall be sent to all potential offerors.
(d) Proposals shall be opened so as to avoid disclosure
of contents to competing offerors during the process of
negotiation. A register of proposals shall be open for public
inspection after contract award.
(e) As provided in the request for proposals, invitations
shall be sent to all responsible offerors who submit proposals
to attend discussions for the purpose of clarification to assure
full understanding of, and responsiveness to, the solicitation
requirements. Any inquiries and responses thereto shall be
confirmed in writing and shall be sent to all offerors.
Offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of
proposals, and such revisions may be permitted after
submissions and prior to award for the purpose of obtaining
best and final offers. In conducting discussions, there shall
be no disclosure of any information derived from proposals
submitted by competing offerors.
(f) The operating agency shall execute a contract with
the responsible offeror whose proposal is determined in
writing to be the most advantageous to the operating agency
and the state taking into consideration the requirements set
forth in the request for proposals. The contract file shall
contain the basis on which the successful offeror is selected.
The operating agency shall conduct a briefing conference on
the selection if requested by an offeror.
(g) The contract may be fixed price or cost-reimbursable, in whole or in part, but not cost-plus-percentage-ofcost.
(h) The operating agency shall retain authority and
responsibility for inspection, testing, and compliance with
applicable regulations or standards of any state or federal
governmental agency. [1998 c 245 § 70; 1994 c 27 § 1;
1987 c 376 § 2.]
43.52.570 Purchase of materials by telephone or
written quotation authorized—Procedure. For the
awarding of a contract to purchase any item or items of
materials, equipment, or supplies in an amount exceeding
five thousand dollars but less than seventy-five thousand
dollars, exclusive of sales tax, the managing director or a
designee may, in lieu of sealed bids, secure telephone and/or
written quotations from at least five vendors, where practical,
and award contracts for purchase of materials, equipment, or
supplies to the lowest responsible bidder. The agency shall
establish a procurement roster, which shall consist of
suppliers and manufacturers who may supply materials or
equipment to the operating agency, and shall provide for
solicitations which will equitably distribute opportunity for
bids among suppliers and manufacturers on the roster.
Immediately after the award is made, the bid quotations
obtained shall be recorded and shall be posted or otherwise
made available for public inspection and copying pursuant to
chapter 42.17 RCW at the office of the operating agency or
any other officially designated location. Waiver of the
deposit or bid bond required for sealed bids may be authorized by the operating agency in securing the bid quotations.
[1987 c 376 § 3.]
[Title 43 RCW—page 276]
43.52.575 Purchase of materials without competition authorized. When the managing director or a designee
determines in writing that it is impracticable to secure
competition for required materials, equipment, or supplies,
he or she may purchase the materials, equipment, or supplies
without competition. The term "impracticable to secure
competition" means:
(1) When material, equipment, or supplies can be
obtained from only one person or firm (single source of
supply); or
(2) When specially designed parts or components are
being procured as replacement parts in support of equipment
specially designed by the manufacturer. [1987 c 376 § 4.]
43.52.580 Emergency purchase of materials or work
by contract. When the managing director or a designee
determines in writing that an emergency endangers the
public safety or threatens property damage or that serious
financial injury would result if materials, supplies, equipment, or work are not obtained by a certain time, and they
cannot be contracted for by that time by means of sealed
bids, the managing director or a designee may purchase
materials, equipment, or supplies or may order work by
contract in any amount necessary, after having taken
precautions to secure a responsive proposal at the lowest
price practicable under the circumstances.
For the purposes of this section the term "serious
financial injury" means that the costs attributable to the delay
caused by contracting by sealed bids exceed the cost of
materials, supplies, equipment, or work to be obtained.
[1987 c 376 § 5.]
43.52.585 Procedures for implementing RCW
43.52.560 through 43.52.580. The executive board shall
establish procedures for implementing RCW 43.52.560
through 43.52.580 by operating agency resolution after
notice, public hearing, and opportunity for public comment.
The procedures shall be established within six months after
July 26, 1987. [1987 c 376 § 6.]
43.52.590 Construction of RCW 43.52.560 through
43.52.585. Nothing in RCW 43.52.560 through 43.52.585
requires reapplication by a joint operating agency in existence on July 26, 1987. [1987 c 376 § 7.]
43.52.612 Contract bid form. A joint operating
agency shall require that bids upon any construction or
improvement of any nuclear generating project and associated facilities shall be made upon the contract bid form
supplied by the operating agency, and in no other manner.
The operating agency may, before furnishing any person,
firm, or corporation desiring to bid upon any work with a
contract bid form, require from the person, firm, or corporation, answers to questions contained in a standard form of
questionnaire and financial statement, including a complete
statement of the financial ability and experience of the
person, firm, or corporation in performing work. The
questionnaire shall be sworn to before a notary public or
other person authorized to take acknowledgement of deeds
and shall be submitted once a year or at such other times as
the operating agency may require. Whenever the operating
(2002 Ed.)
Operating Agencies
agency is not satisfied with the sufficiency of the answers
contained in the questionnaire and financial statement or
whenever the operating agency determines that the person,
firm, or corporation does not meet all of the requirements set
forth in this section, it may refuse to furnish the person,
firm, or corporation with a contract bid form and any bid of
the person, firm, or corporation must be disregarded. The
operating agency shall require that a person, firm, or
corporation have all of the following requirements in order
to obtain a contract form:
(1) Adequate financial resources, the ability to secure
these resources, or the capability to secure a one hundred
percent payment and performance bond;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity,
judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
The refusal shall be conclusive unless appealed to the
superior court of the county where the operating agency is
situated or Thurston county within fifteen days, which appeal
shall be heard summarily within ten days after the appeal is
made and on five days’ notice thereof to the operating
agency.
The prevailing party in such litigation shall be awarded
its attorney fees and costs.
The operating agency shall not be required to make
available for public inspection or copying under chapter
42.17 RCW financial information provided under this
section. [1982 1st ex.s. c 44 § 5.]
Severability—1982 1st ex.s. c 44: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 44 § 10.]
43.52.910 Construction—1965 c 8. This chapter
shall be liberally construed to effectuate its purposes. [1965
c 8 § 43.52.910. Prior: 1957 c 295 § 12.]
Chapter 43.52A
ELECTRIC POWER AND CONSERVATION
PLANNING COUNCIL—STATE’S MEMBERS
Sections
43.52A.010 State agreement to participate in Pacific Northwest Electric
Power and Conservation Planning Council.
43.52A.020 Definitions.
43.52A.030 Appointment of members.
43.52A.040 Terms of members—Vacancies—Residence of members.
43.52A.050 Sufficient time on council activities required—Technical
assistance—Reimbursement—Liaison—Report—
Compensation—Travel expenses.
43.52A.010 State agreement to participate in Pacific
Northwest Electric Power and Conservation Planning
Council. The state of Washington agrees to participate in
the Pacific Northwest Electric Power and Conservation
(2002 Ed.)
43.52.612
Planning Council pursuant to the Pacific Northwest Electric
Power Planning and Conservation Act. [1981 c 14 § 1.]
43.52A.020 Definitions. As used in this chapter:
(1) The term "the act" means the Pacific Northwest
Electric Power Planning and Conservation Act.
(2) The term "council" means the Pacific Northwest
Electric Power and Conservation Planning Council. [1981
c 14 § 2.]
43.52A.030 Appointment of members. The governor, with the consent of the senate, shall appoint two
residents of Washington state to the council pursuant to the
act. These persons shall undertake the functions and duties
of members of the council as specified in the act and in
appropriate state law. Upon appointment by the governor to
the council, the nominee shall make available to the senate
such disclosure information as is requested for the confirmation process, including that required in RCW 42.17.241.
[1984 c 34 § 8; 1981 c 14 § 3.]
43.52A.040 Terms of members—Vacancies—
Residence of members. (1) Unless removed at the
governor’s pleasure, council members shall serve a term
ending January 15 of the third year following appointment
except that, with respect to members initially appointed, the
governor shall designate one member to serve a term ending
January 15 of the second year following appointment. Initial
appointments to the council shall be made within thirty days
of March 9, 1981.
(2) Each member shall serve until a successor is
appointed, but if a successor is not appointed within sixty
days of the beginning of a new term, the member shall be
considered reappointed, subject to the consent of the senate.
(3) A vacancy on the council shall be filled for the
unexpired term by the governor, with the consent of the
senate.
(4) For the first available appointment and at all times
thereafter, one member of Washington’s delegation to the
council shall reside east of the crest of the Cascade Mountains and one member shall reside west of the crest of the
Cascade Mountains. [1984 c 223 § 1; 1981 c 14 § 4.]
43.52A.050 Sufficient time on council activities
required—Technical assistance—Reimbursement—
Liaison—Report—Compensation—Travel expenses. (1)
Council members shall spend sufficient time on council
activities to fully represent the state of Washington in
carrying out the purposes of the act.
(2) State agencies shall provide technical assistance to
council members upon request. The council members shall
request that the council request the administrator of the
Bonneville Power Administration to reimburse the state for
the expenses associated with such assistance as provided in
the act.
(3) The members of the council shall maintain liaison
with the governor or his designees and the committees on
energy and utilities, or their successor entities, of the senate
and house of representatives.
[Title 43 RCW—page 277]
43.52A.050
Title 43 RCW: State Government—Executive
(4) The members of the council shall submit to the
governor and legislature an annual report describing the
activities and plans of the council.
(5) Each member of the council shall receive compensation to be determined by the governor and applicable federal
law and shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060, as now or hereafter amended.
[1981 c 14 § 5.]
Chapter 43.56
UNIFORM LEGISLATION COMMISSION
Sections
43.56.010
43.56.020
43.56.040
43.56.050
Appointment of commissioners.
Duties of commission.
Travel expenses of members.
Membership—Code reviser.
43.56.010 Appointment of commissioners. The
governor shall appoint three suitable persons as a board of
commissioners for the promotion of uniformity of legislation
in the United States. Any vacancy on the board shall be
filled by appointment by the governor. [1965 c 8 §
43.56.010. Prior: 1905 c 59 § 1; RRS § 8204.]
43.56.020 Duties of commission. The board shall
examine the subjects of marriage and divorce, insolvency,
the descent and distribution of property, the execution and
probate of wills, and other subjects upon which uniformity
of legislation in the various states is desirable, but which are
outside of the jurisdiction of the congress of the United
States.
It shall confer upon these matters with the commissioners appointed by other states for the same purpose and
consider and draft uniform laws to be submitted for approval
and adoption by the several states; and generally devise and
recommend such other and further course of action as shall
accomplish such uniformity. [1965 c 8 § 43.56.020. Prior:
1905 c 59 § 2; RRS § 8205.]
43.56.040 Travel expenses of members. No member
of the board shall receive any compensation for his services,
but each member shall be paid travel expenses incurred in
the discharge of official duty in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended, after the account thereof has been audited by the
board.
The board shall keep a full account of its expenditures
and shall report it in each report. There shall be allowed
such expenses for only one annual meeting of the board
within this state, and for the members in attendance, not
oftener than once in each year, at any conference of commissioners outside of this state. [1975-’76 2nd ex.s. c 34 § 118;
1965 c 8 § 43.56.040. Prior: 1955 c 91 § 1; 1905 c 59 § 4;
RRS § 8207.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.56.050 Membership—Code reviser. The code
reviser shall serve as an additional member of the board of
commissioners. [2001 c 205 § 1.]
[Title 43 RCW—page 278]
Effective date—2001 c 205: "This act takes effect August 1, 2001."
[2001 c 205 § 2.]
Chapter 43.58
WASHINGTON-OREGON
BOUNDARY COMMISSION
Sections
43.58.050
43.58.060
43.58.070
43.58.090
Oregon-Washington Columbia River boundary compact—
Ratification.
Oregon-Washington Columbia River boundary compact—
Terms and provisions.
Oregon-Washington Columbia River boundary compact—
Transfer of records, etc., to division of archives.
Oregon-Washington Columbia River boundary compact—
Repeal of RCW 43.58.010 through 43.58.040, when.
43.58.050 Oregon-Washington Columbia River
boundary compact—Ratification. The interstate compact
determining the Oregon-Washington boundary on the
Columbia River which was executed on the 21st day of
December, 1956 by the Oregon commission on interstate
cooperation for the state of Oregon and the WashingtonOregon boundary commission for the state of Washington is
hereby ratified and approved. [1965 c 8 § 43.58.050. Prior:
1957 c 90 § 1.]
Reviser’s note: The effective date of RCW 43.58.050 was March 13,
1957. State Constitution, Amendment 33, recognizing the modification of
the state’s boundaries through appropriate compact procedure, was approved
by the voters on November 4th, 1958, and the governor’s proclamation
relating thereto was issued on December 4th, 1958.
The Oregon legislature has ratified the compact, see Oregon Revised
Statutes §§ 186.510 and 186.520, effective April 4, 1957. See also, Article
XVI of the Oregon Constitution relating to state boundaries which was
adopted by the people November 4, 1958, effective December 3, 1958.
Congressional ratification is contained in Public Law 85-575, dated
July 31, 1958.
43.58.060 Oregon-Washington Columbia River
boundary compact—Terms and provisions. The terms
and provisions of the compact referred to in RCW 43.58.050
are as follows:
INTERSTATE COMPACT DETERMINING
OREGON-WASHINGTON BOUNDARY ON THE
COLUMBIA RIVER
ARTICLE I. PURPOSE
The boundary between the states of Oregon and Washington along the course of the Columbia River has not been
easy to ascertain because of changes in the main channel of
the river with a result that a state of confusion and dispute
exists and the enforcement and administration of the laws of
the two states has been rendered difficult.
The purpose of this compact is to fix with precision by
reference to stations of longitude and latitude the boundary
between the states of Oregon and Washington from one
marine league due west of the mouth of the Columbia River
to the most easterly point at which the 46th parallel of North
latitude crosses said river, at which point the river ceases to
form the boundary between the two states.
ARTICLE II. DESCRIPTION
The boundary between the states of Oregon and Washington from one marine league due west of the mouth of the
(2002 Ed.)
Washington-Oregon Boundary Commission
Columbia River to the point at which the last described point
number (# 191) of the boundary as herein determined meets
the 46th parallel of North latitude at 118° 59’10".12 of West
longitude shall be as follows:
Beginning one marine league at sea off the mouth of the
Columbia river at north latitude 46° 15’00".00; running
thence due east to point number 1 of this description, which
point is at north latitude 46° 15’00".00, west longitude 124°
05’00".00; thence from point number 1 continuing upstream
in the channel of the Columbia river by a series of straight
lines connecting the following numbered and described
points in consecutive order.
Point
Number
North
Latitude
West
Longitude
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
46°15’00".00 124°05’00".00
46°15’51".00 124°02’02".75
46°16’17".00 124°01’45".80
46°16’59".50 124°02’14".40
46°17’28".00 124°02’07".00
46°17’33".25 124°01’12".25
46°16’41".50 124°00’00".00
46°16’03".00 123°58’11".80
46°14’19".80 123°55’42".00
46°14’06".00 123°52’14".50
46°16’09".50 123°44’20".50
46°15’01".00 123°41’12".70
46°15’33".30 123°38’52".80
46°15’23".90 123°35’05".00
46°15’38".00 123°32’23".00
46°16’14".60 123°30’00".00
46°15’46".70 123°27’51".40
46°14’23".50 123°25’51".60
46°13’10".50 123°25’20".50
46°11’29".00 123°25’43".60
46°10’47".80 123°25’38".00
46°09’01".00 123°23’21".50
46°08’33".00 123°18’45".60
46°09’04".50 123°15’47".20
46°10’00".00 123°13’51".20
46°11’20".80 123°09’55".50
46°11’11".30 123°07’10".90
46°09’40".00 123°04’23".50
46°09’24".00 123°03’22".40
46°08’38".40 123°02’00".00
46°08’06".00 123°00’16".00
46°06’20".02 122°57’44".28
46°06’17".36 122°57’38".295
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
46°06’14".71
46°05’02".70
46°03’37".50
46°01’53".50
46°00’52".25
45°58’52".00
45°57’40".00
45°55’57".00
45°54’47".00
45°53’05".00
45°52’06".00
45°50’40".00
45°49’31".20
45°48’37".00
45°46’51".00
45°45’34".20
45°44’04".70
45°42’05".00
45°40’50".80
45°39’26".75
45°38’40".00
45°38’17".00
45°37’35".37
(2002 Ed.)
122°57’32".31
122°54’11".00
122°52’59".50
122°52’35".50
122°51’17".20
122°50’11".80
122°48’46".80
122°48’18".00
122°48’36".75
122°47’48".30
122°47’01".50
122°47’04".50
122°47’41".00
122°47’40".00
122°46’06".30
122°45’37".00
122°45’32".00
122°46’16".00
122°46’24".00
122°45’46".00
122°44’13".00
122°42’47".50
122°41’35".14
Description of
Location
a point on the center line of
the Longview Bridge at
center of main span
57
45°37’29".47 122°41’23".855
58
59
60
45°37’26".52 122°41’18".215
45°37’07".85 122°40’33".42
45°37’05".938 122°40’26".939
61
45°37’05".62
122°40’25".86
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
45°37’03".71
45°36’34".00
45°36’29".80
45°36’20".00
45°35’47".90
45°35’23".50
45°35’01".00
45°34’42".80
45°34’03".00
45°33’49".00
45°34’03".30
45°34’29".50
45°34’33".40
45°34’10".00
45°32’55".20
45°32’38".00
45°32’38".80
45°33’03".25
45°33’55".00
45°34’37".00
45°35’03".00
45°34’53".40
45°35’00".00
45°36’35".00
45°36’53".80
45°36’58".00
45°37’23".00
45°37’59".00
45°38’37".50
45°38’42".00
45°38’40".35
45°38’40".13
122°40’19".38
122°38’27".00
122°36’21".30
122°35’20".00
122°32’48".00
122°31’24".20
122°29’30".00
122°28’20".50
122°27’09".30
122°26’15".80
122°24’36".50
122°23’25".80
122°22’44".00
122°21’04".00
122°19’49".00
122°17’43".70
122°15’56".70
122°14’24".50
122°11’58".50
122°10’54".00
122°08’25".50
122°06’40".00
122°06’02".00
122°02’35".00
122°01’11".50
122°00’08".50
121°58’54".50
121°57’42".80
121°57’16".50
121°57’01".80
121°56’37".34
121°56’22".57
94
95
96
45°38’39".82
45°39’17".00
45°39’43".85
121°56’01".46
121°54’25".00
121°53’58".48
97
98
99
100
101
102
103
104
105
45°39’44".81
45°39’45".77
45°40’15".00
45°41’36".80
45°42’24".75
45°41’39".00
45°41’42".00
45°42’19".00
45°42’17".50
43.58.060
a point on the center line of
Northern Pacific Railroad
Bridge across Columbia
River, which point is at
center of 3rd pier south of
the draw span
a point on the center line of
the west highway bridge
crossing the Columbia River
between Portland, Ore. and
Vancouver, Wash., said point
being 12.0 ft. south from the
center of pier No. 6 of said
bridge
a point on the center line of
the east highway bridge
crossing the Columbia River
between Portland, Ore. and
Vancouver, Wash., said point
being 12.0 ft. south from the
center of pier No. 6 of said
bridge
121°53’58".16
121°53’57".84
121°54’02".00
121°51’57".00
121°48’36".00
121°44’02".00
121°42’22".00
121°40’02".00
121°37’48".50
a point at the intersection of
the axis of Bonneville Dam
and the center line of center
pier of the spillway of said
dam
a point on center line of
bridge at Cascade Locks,
known as "The Bridge of the
Gods" and in the center of
the main span of said bridge
[Title 43 RCW—page 279]
43.58.060
Title 43 RCW: State Government—Executive
106
107
108
45°43’36".00 121°31’54".30
45°43’15".275 121°29’52".445
45°43’07".02 121°29’36".615
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
45°43’04".075 121°29’30".96
45°42’05".20 121°27’41".80
45°41’39".25 121°25’22".00
45°41’35".00 121°24’02".00
45°42’11".50 121°22’17".00
45°42’18".00 121°20’11".50
45°42’00".00 121°18’40".00
45°41’13".30 121°17’10".00
45°40’40".50 121°14’52".00
45°40’17".00 121°12’52".50
45°39’00".00 121°11’57".00
45°37’47".00 121°11’38".40
45°37’00".25 121°11’43".00
45°36’23".80 121°10’57".00
45°36’22".50 121°10’00".00
45°36’29".175 121°08’39".84
45°36’40".89 121°08’22".135
126
127
128
129
130
45°36’43".94
45°36’35".69
45°36’58".44
45°37’06".095
45°37’14".85
121°08’17".53
121°07’50".34
121°07’16".41
121°06’57".58
121°07’02".75
131
132
133
134
135
136
137
45°37’23".97
45°38’53".13
45°39’09".54
45°39’04".04
45°39’12".08
45°38’54".66
45°38’55".91
121°07’08".14
121°05’01".25
121°03’47".80
121°01’57".51
121°00’22".28
120°58’56".33
120°58’49".52
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
45°38’58".405
45°39’24".84
45°39’23".58
45°38’24".54
45°38’35".09
45°40’18".79
45°41’11".69
45°42’19".71
45°42’42".58
45°42’57".18
45°43’48".14
45°44’45".12
45°44’47".00
45°44’47".99
45°44’18".49
45°42’37".59
45°42’00".37
45°41’40".42
45°41’58".55
45°42’41".66
45°43’16".74
45°43’33".84
45°45’43".67
45°46’24".09
45°47’07".10
45°48’26".17
45°49’28".29
45°49’41".97
45°50’25".18
45°50’52".00
120°58’35".90
120°57’06".97
120°56’34".22
120°54’44".75
120°53’40".72
120°51’15".26
120°47’14".64
120°43’38".83
120°42’10".70
120°41’18".11
120°40’05".19
120°38’01".97
120°37’17".91
120°35’23".91
120°33’29".23
120°31’17".65
120°30’16".48
120°28’53".22
120°24’08".96
120°19’30".62
120°16’56".18
120°12’34".62
120°10’10".01
120°08’25".17
120°04’08".70
120°00’49".27
119°57’52".64
119°54’21".95
119°50’53".51
119°48’05".62
[Title 43 RCW—page 280]
a point on the center line of
the Dallas Bridge across the
Columbia River at the center
of the main span of said
bridge
a point on the axis of the
Dalles Dam at Station 48+79
of the center line survey of
said dam
a point on the center line of
the Oregon Trunk Railroad
Bridge and in the center of
the 4th pier from the north
end of said bridge
45°50’45".15
45°51’25".40
45°54’20".70
45°55’10".82
45°55’32".25
45°54’31".37
45°54’23".43
45°55’03".10
45°55’18".10
45°55’51".37
45°55’54".48
119°46’18".16
119°40’07".80
119°37’20".96
119°35’58".28
119°34’13".67
119°31’24".18
119°29’13".01
119°26’57".35
119°21’48".12
119°19’52".71
119°19’39".28
179
180
a point on the center line of
the Hood River Bridge at the
center of the draw span of
said bridge
168
169
170
171
172
173
174
175
176
177
178
45°55’59".59
45°56’10".26
119°19’17".20
119°17’47".60
181
182
183
184
185
186
187
188
189
190
191
45°56’15".24
45°56’24".05
45°55’58".60
45°55’40".97
45°55’40".26
45°55’58".55
45°56’34".25
45°57’31".28
45°58’09".33
45°58’45".73
46°00’00".00
119°17’05".76
119°15’21".40
119°13’28".22
119°11’39".82
119°10’05".04
119°07’30".72
119°05’32".00
119°03’37".36
119°01’33".95
119°00’27".12
118°59’10".12
a point on the center line of
the Umatilla Bridge at the
center of the north main span
of said bridge
a point on the axis of
McNary Dam at the north
face of the south
nonoverflow section
ARTICLE III. RATIFICATION AND
EFFECTIVE DATE
This compact shall become operative when it has been
ratified by the legislatures of the states of Oregon and
Washington and approved by the Congress of the United
States and the Constitutions of the states of Oregon and
Washington have been amended to authorize the establishment of the boundary as herein provided. [1965 c 8 §
43.58.060. Prior: 1957 c 90 § 2.]
43.58.070 Oregon-Washington Columbia River
boundary compact—Transfer of records, etc., to division
of archives. Upon ratification by the state of Oregon and
approval by the Congress of the United States of the
compact set forth in RCW 43.58.060, the secretary of the
Washington-Oregon boundary commission is hereby directed
to transmit all records, work sheets, maps, minutes and other
papers of said commission to the division of archives and records management of the office of the secretary of state.
[1981 c 115 § 3; 1965 c 8 § 43.58.070. Prior: 1957 c 90 §
3.]
Effective date—1981 c 115: See note following RCW 40.14.020.
43.58.090 Oregon-Washington Columbia River
boundary compact—Repeal of RCW 43.58.010 through
43.58.040, when. Chapter 27, Laws of 1937, as amended by
chapter 6, Laws of 1955 extraordinary session and chapter
43.58 RCW [RCW 43.58.010 through 43.58.040] each shall
be repealed when the compact set forth in RCW 43.58.060
has been ratified by the state of Oregon and approved by the
Congress of the United States. [1965 c 8 § 43.58.090.
Prior: 1957 c 90 § 5.]
Reviser’s note: See note following RCW 43.58.050.
(2002 Ed.)
Traffic Safety Commission
Chapter 43.59
TRAFFIC SAFETY COMMISSION
Sections
43.59.010
43.59.020
43.59.030
43.59.040
43.59.050
43.59.060
43.59.070
43.59.080
43.59.140
43.59.150
43.59.150
Purpose—Finding.
Governor responsible for administration of traffic safety
program—Acceptance and disbursal of federal funds.
Members of commission—Appointment—Vacancies—
Governor’s designee to act during governor’s absence.
Powers and duties of commission.
Meetings—Travel expenses of members.
Director of commission—Appointment—Salary.
Director’s duties—Staff—Rules and regulations.
Governor’s duties as chairman.
Driving while under the influence of intoxicating liquor or
any drug—Information and education.
Bicycle and pedestrian safety—Committee and account (as
amended by 1999 c 351).
Bicycle and pedestrian safety—Committee and account (as
amended by 1999 c 372).
43.59.010 Purpose—Finding. (1) The purpose of this
chapter is to establish a new agency of state government to
be known as the Washington traffic safety commission. The
functions and purpose of this commission shall be to find
solutions to the problems that have been created as a result
of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to
plan and supervise programs for the prevention of accidents
on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in
cooperation with all official and unofficial organizations
interested in traffic safety; to coordinate the activities at the
state and local level in the development of statewide and
local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for
investigation and reporting of traffic accidents; to promote
and improve driver education; and to authorize the governor
to perform all functions required to be performed by him
under the federal Highway Safety Act of 1966 (Public Law
89-564; 80 Stat. 731).
(2) The legislature finds and declares that bicycling and
walking are becoming increasingly popular in Washington as
clean and efficient modes of transportation, as recreational
activities, and as organized sports. Future plans for the
state’s transportation system will require increased access
and safety for bicycles and pedestrians on our common
roadways, and federal transportation legislation and funding
programs have created strong incentives to implement these
changes quickly. As a result, many more people are likely
to take up bicycling in Washington both as a leisure activity
and as a convenient, inexpensive form of transportation.
Bicyclists are more vulnerable to injury and accident than
motorists, and should be as knowledgeable as possible about
traffic laws, be highly visible and predictable when riding in
traffic, and be encouraged to wear bicycle safety helmets.
Hundreds of bicyclists and pedestrians are seriously injured
every year in accidents, and millions of dollars are spent on
health care costs associated with these accidents. There is
clear evidence that organized training in the rules and techniques of safe and effective cycling can significantly reduce
the incidence of serious injury and accidents, increase
cooperation among road users, and significantly increase the
incidence of bicycle helmet use, particularly among minors.
(2002 Ed.)
Chapter 43.59
A reduction in accidents benefits the entire community.
Therefore it is appropriate for businesses and community
organizations to provide donations to bicycle and pedestrian
safety training programs. [1998 c 165 § 2; 1967 ex.s. c 147
§ 1.]
Short title—1998 c 165: "This act may be known and cited as the
Cooper Jones Act." [1998 c 165 § 1.]
Driver education courses: Chapter 28A.220 RCW.
Drivers’ training schools: Chapter 46.82 RCW.
43.59.020 Governor responsible for administration
of traffic safety program—Acceptance and disbursal of
federal funds. The governor shall be responsible for the
administration of the traffic safety program of the state and
shall be the official of the state having ultimate responsibility
for dealing with the federal government with respect to all
programs and activities of the state and local governments
pursuant to the Highway Safety Act of 1966 (Public Law 89564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or
donations from any source for the purpose of improving
traffic safety programs in the state of Washington, and is
hereby empowered to contract and to do all other things
necessary in behalf of this state to secure the full benefits
available to this state under the federal Highway Safety Act
of 1966 (Public Law 89-564; 80 Stat. 731) and in so doing,
to cooperate with federal and state agencies, agencies private
and public, interested organizations, and with individuals, to
effectuate the purposes of that enactment, and any and all
subsequent amendments thereto. [1967 ex.s. c 147 § 2.]
43.59.030 Members of commission—Appointment—
Vacancies—Governor’s designee to act during governor’s
absence. The governor shall be assisted in his duties and
responsibilities by the Washington state traffic safety
commission. The Washington traffic safety commission
shall be composed of the governor as chairman, the superintendent of public instruction, the director of licensing, the
secretary of transportation, the chief of the state patrol, the
secretary of health, the secretary of social and health
services, a representative of the association of Washington
cities to be appointed by the governor, a member of the
association of counties to be appointed by the governor, and
a representative of the judiciary to be appointed by the
governor. Appointments to any vacancies among appointee
members shall be as in the case of original appointment.
The governor may designate an employee of the
governor’s office to act on behalf of the governor during the
absence of the governor at one or more of the meetings of
the commission. The vote of the designee shall have the
same effect as if cast by the governor if the designation is in
writing and is presented to the person presiding at the
meetings included within the designation.
The governor may designate a member to preside during
the governor’s absence. [1991 c 3 § 298; 1982 c 30 § 1;
1979 c 158 § 105; 1971 ex.s. c 85 § 7; 1969 ex.s. c 105 §
1; 1967 ex.s. c 147 § 3.]
43.59.040 Powers and duties of commission. In
addition to other responsibilities set forth in this chapter the
commission shall:
[Title 43 RCW—page 281]
43.59.040
Title 43 RCW: State Government—Executive
(1) Advise and confer with the governing authority of
any political subdivision of the state deemed eligible under
the federal Highway Safety Act of 1966 (Public Law 89-564;
80 Stat. 731) for participation in the aims and programs and
purposes of that act;
(2) Advise and confer with all agencies of state government whose programs and activities are within the scope of
the Highway Safety Act including those agencies that are not
subject to direct supervision, administration, and control by
the governor under existing laws;
(3) Succeed to and be vested with all powers, duties,
and jurisdictions previously vested in the Washington state
safety council;
(4) Carry out such other responsibilities as may be
consistent with this chapter. [1983 1st ex.s. c 14 § 1; 1967
ex.s. c 147 § 4.]
43.59.050 Meetings—Travel expenses of members.
The commission shall meet at least quarterly and shall have
such special meetings as may be required. Members of the
commission shall receive no additional compensation for
their services except that which shall be allowed as travel
expenses in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended. [1975-’76 2nd ex.s.
c 34 § 120; 1967 ex.s. c 147 § 6.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.59.060 Director of commission—Appointment—
Salary. The governor as chairman of the commission shall
appoint a person to be director of the Washington traffic
safety commission which director shall be paid such salary
as shall be deemed reasonable and shall serve at the pleasure
of the governor. [1967 ex.s. c 147 § 7.]
43.59.070 Director’s duties—Staff—Rules and
regulations. The director shall be secretary of the commission and shall be responsible for carrying into effect the
commission’s orders and rules and regulations promulgated
by the commission. The director shall also be authorized to
employ such staff as is necessary pursuant to the provisions
of chapter 41.06 RCW. The commission shall adopt such
rules and regulations as shall be necessary to carry into
effect the purposes of this chapter. [1967 ex.s. c 147 § 8.]
43.59.080 Governor’s duties as chairman. The
governor as chairman of said commission shall have the
authority to appoint advisory committees as he may deem
advisable to aid, advise and assist the commission in
carrying out the purposes of this chapter. All actions and
decisions, however, shall be made by the commission.
[1967 ex.s. c 147 § 9.]
43.59.140 Driving while under the influence of
intoxicating liquor or any drug—Information and
education. The Washington traffic safety commission shall
produce and disseminate through all possible media, informational and educational materials explaining the extent of
the problems caused by drinking drivers, the need for public
involvement in their solution, and the penalties of existing
and new laws against driving while under the influence of
[Title 43 RCW—page 282]
intoxicating liquor or any drug. [1991 c 290 § 4; 1983 c
165 § 42.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
43.59.150 Bicycle and pedestrian safety—Committee and account
(as amended by 1999 c 351). (1) The Washington state traffic safety
commission shall establish a program for improving bicycle and pedestrian
safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public
private partnerships which promote bicycle and pedestrian safety. The
traffic safety commission shall periodically report and make recommendations to the legislative transportation committee ((and the fiscal committees
of the house of representatives and the senate by December 1, 1998,
regarding the conclusions of the advisory)) on the progress of the bicycle
and pedestrian safety committee.
(2) The bicycle and pedestrian safety account is created in the state
treasury to support bicycle and pedestrian education or safety programs.
((To the extent that private contributions are received by the traffic safety
commission for the purposes of bicycle and pedestrian safety programs
established under this section, the appropriations from the highway safety
account for this purpose shall lapse.)) [1999 c 351 § 1; 1998 c 165 § 3.]
43.59.150 Bicycle and pedestrian safety—Committee and account
(as amended by 1999 c 372). (1) The Washington state traffic safety
commission shall establish a program for improving bicycle and pedestrian
safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public
private partnerships which promote bicycle and pedestrian safety. ((The
traffic safety commission shall report and make recommendations to the
legislative transportation committee and the fiscal committees of the house
of representatives and the senate by December 1, 1998, regarding the
conclusions of the advisory committee.))
(2) The bicycle and pedestrian safety account is created in the state
treasury. To the extent that private contributions are received by the traffic
safety commission for the purposes of bicycle and pedestrian safety
programs established under this section, the appropriations from the
highway safety account for this purpose shall lapse. [1999 c 372 § 9; 1998
c 165 § 3.]
Reviser’s note: RCW 43.59.150 was amended twice during the 1999
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Short title—1998 c 165: See note following RCW 43.59.010.
Chapter 43.60A
DEPARTMENT OF VETERANS AFFAIRS
Sections
43.60A.010 Definitions.
43.60A.020 Department created—Transfer of powers, duties, and functions to department.
43.60A.030 Director—Qualifications—Salary—Vacancy.
43.60A.040 General powers and duties of director.
43.60A.050 Assistants—Executive staff—Deputy.
43.60A.060 Delegation of powers and duties.
43.60A.070 Additional powers and duties of director.
43.60A.075 Powers as to state veterans’ homes.
43.60A.080 Veterans affairs advisory committee—Created—
Membership—Terms—Powers and duties.
43.60A.100 Counseling services—War-affected veterans.
43.60A.110 Counseling—Coordination of programs.
43.60A.120 Counseling—Priority.
43.60A.130 Counseling—Posttraumatic stress disorder and combat stress
program.
43.60A.900 Transfer of personnel of department of social and health
services engaged in veterans’ services—Rights preserved.
43.60A.901 Transfer of property, records, funds, assets of agencies
whose functions are transferred to department.
(2002 Ed.)
Department of Veterans Affairs
43.60A.902 Rules and regulations, pending business, contracts, of agencies whose functions are transferred to department to be
continued—Savings.
43.60A.903 Certification when apportionments of budgeted funds required because of transfers.
43.60A.904 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Construction to
comply with federal law—Conflicting parts inoperative.
43.60A.905 Savings—1975-’76 2nd ex.s. c 115.
43.60A.906 Collective bargaining units or agreements not altered.
43.60A.907 Liberal construction—1975-’76 2nd ex.s. c 115.
43.60A.908 Severability—1975-’76 2nd ex.s. c 115.
Veterans and veterans’ affairs: Title 73 RCW.
43.60A.010 Definitions. As used in this chapter the
following words and phrases shall have the following
meanings unless the context clearly requires otherwise:
(1) "Department" means the department of veterans
affairs;
(2) "Director" means the director of the department of
veterans affairs;
(3) "Committee" means the veterans affairs advisory
committee. [1975-’76 2nd ex.s. c 115 § 1.]
43.60A.020 Department created—Transfer of
powers, duties, and functions to department. There is
hereby created a department of state government to be
known as the department of veterans affairs. All powers,
duties, and functions now or through action of this legislature vested by law in the department of social and health
services relating to veterans and veteran affairs are transferred to the department, except those powers, duties, and
functions which are expressly directed elsewhere by law.
Powers, duties, and functions to be transferred shall include,
but not be limited to, all those powers, duties, and functions
involving cooperation with other governmental units, such as
cities and counties, or with the federal government, in
particular those concerned with participation in federal
grants-in-aid programs. Also transferred to the department
shall be the powers, duties, and functions of the bonus
division of the treasurer’s office: PROVIDED, That such
transfer shall not occur until the bonus division completes its
current duties of accepting and processing bonus claims
arising from the Vietnam conflict. This section shall not be
construed to continue the powers, duties and functions of
said bonus division beyond a time when such powers, duties
or functions would otherwise cease. [1975-’76 2nd ex.s. c
115 § 2.]
43.60A.030 Director—Qualifications—Salary—
Vacancy. The executive head and appointing authority of
the department shall be the director of veterans affairs. The
director shall be an honorably discharged or retired veteran
of the armed forces of the United States and shall be
appointed by the governor with the consent of the senate and
shall serve at the pleasure of the governor. The director
shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy
occurs in the position of director while the senate is not in
session, the governor shall make a temporary appointment
until the next meeting of the senate, when the governor shall
present the nomination for the office to that body. [1975-’76
2nd ex.s. c 115 § 3.]
(2002 Ed.)
Chapter 43.60A
43.60A.040 General powers and duties of director.
The director of the department of veterans affairs shall have
the power and it shall be the director’s duty:
(1) To conduct, control, and supervise the department;
(2) To appoint and employ and to determine the powers
and duties together with the salaries and other expenses of
such clerical and other personnel, subject to the provisions
of chapter 41.06 RCW, as are necessary to carry out the
duties of the department; and
(3) To perform all other matters and things, whether
similar to the foregoing or not, to carry out the provisions of
this chapter. [1975-’76 2nd ex.s. c 115 § 4.]
43.60A.050 Assistants—Executive staff—Deputy.
The director may appoint such assistants and executive staff
as shall be needed to administer the department, all of whom
shall be veterans. The director shall designate a deputy from
the executive staff who shall have charge and general
supervision of the department in the absence or disability of
the director, and in case of a vacancy in the office of
director, shall continue in charge of the department until a
successor is appointed and qualified, or until the governor
shall appoint an acting director. [1975-’76 2nd ex.s. c 115
§ 5.]
Certain personnel of department exempted from state civil service law:
RCW 41.06.077.
43.60A.060 Delegation of powers and duties. The
director may delegate any power or duty vested in or
transferred to the director by law or executive order to a
deputy director or to any other assistant or subordinate, but
the director shall be responsible for the official acts of the
officers and employees of the department. [1975-’76 2nd
ex.s. c 115 § 6.]
43.60A.070 Additional powers and duties of director. In addition to other powers and duties, the director is
authorized:
(1) To cooperate with officers and agencies of the
United States in all matters affecting veterans affairs;
(2) To accept grants, donations, and gifts on behalf of
this state for veterans affairs from any person, corporation,
government, or governmental agency, made for the benefit
of a former member of the armed forces of this or any other
country;
(3) To be custodian of all the records and files of the
selective service system in Washington that may be turned
over to this state by the United States or any department,
bureau, or agency thereof; and to adopt and promulgate such
rules and regulations as may be necessary for the preservation of such records and the proper use thereof in keeping
with their confidential nature;
(4) To act without bond as conservator of the estate of
a beneficiary of the veterans administration when the director
determines no other suitable person will so act;
(5) To extend on behalf of the state of Washington such
assistance as the director shall determine to be reasonably
required to any veteran and to the dependents of any such
veteran;
(6) To adopt rules pursuant to chapter 34.05 RCW, the
Administrative Procedure Act, with respect to all matters of
[Title 43 RCW—page 283]
43.60A.070
Title 43 RCW: State Government—Executive
administration to carry into effect the purposes of this
section. Such proposed rules shall be submitted by the
department at the time of filing notice with the code reviser
as required by RCW 34.05.320 to the respective legislative
committees of the senate and of the house of representatives
dealing with the subject of veteran affairs legislation through
the offices of the secretary of the senate and chief clerk of
the house of representatives. [1989 c 175 § 108; 1975-’76
2nd ex.s. c 115 § 8.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.60A.075 Powers as to state veterans’ homes. The
director of the department of veterans affairs shall have full
power to manage and govern the state soldiers’ home and
colony, the Washington veterans’ home, and the eastern
Washington veterans’ home. [2001 2nd sp.s. c 4 § 7; 1977
c 31 § 5.]
43.60A.080 Veterans affairs advisory committee—
Created—Membership—Terms—Powers and duties. (1)
There is hereby created a veterans affairs advisory committee
which shall serve in an advisory capacity to the governor
and the director of the department of veterans affairs. The
committee shall be composed of seventeen members to be
appointed by the governor, and shall consist of the following:
(a) One representative of the Washington soldiers’ home
and colony at Orting and one representative of the Washington veterans’ home at Retsil. Each home’s resident council
may nominate up to three individuals whose names are to be
forwarded by the director to the governor. In making the
appointments, the governor shall consider these recommendations or request additional nominations.
(b) One representative each from the three congressionally chartered or nationally recognized veterans service
organizations as listed in the current "Directory of Veterans
Service Organizations" published by the United States
department of veterans affairs with the largest number of
active members in the state of Washington as determined by
the director. The organizations’ state commanders may each
submit a list of three names to be forwarded to the governor
by the director. In making the appointments, the governor
shall consider these recommendations or request additional
nominations.
(c) Ten members shall be chosen to represent those
congressionally chartered or nationally recognized veterans
service organizations listed in the directory under (b) of this
subsection and having at least one active chapter within the
state of Washington. Up to three nominations may be
forwarded from each organization to the governor by the
director. In making the appointments, the governor shall
consider these recommendations or request additional
nominations.
(d) Two members shall be veterans at large. Any
individual or organization may nominate a veteran for an atlarge position. Organizational affiliation shall not be a
prerequisite for nomination or appointment. All nominations
for the at-large positions shall be forwarded by the director
to the governor.
(e) No organization shall have more than one official
representative on the committee at any one time.
[Title 43 RCW—page 284]
(f) In making appointments to the committee, care shall
be taken to ensure that members represent all geographical
portions of the state and minority viewpoints, and that the
issues and views of concern to women veterans are represented.
(2) All members shall have terms of four years. In the
case of a vacancy, appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. No
member may serve more than two consecutive terms, with
vacancy appointments to an unexpired term not considered
as a term. Members appointed before June 11, 1992, shall
continue to serve until the expiration of their current terms;
and then, subject to the conditions contained in this section,
are eligible for reappointment.
(3) The committee shall adopt an order of business for
conducting its meetings.
(4) The committee shall have the following powers and
duties:
(a) To serve in an advisory capacity to the governor and
the director on matters pertaining to the department of
veterans affairs;
(b) To acquaint themselves fully with the operations of
the department and recommend such changes to the governor
and the director as they deem advisable.
(5) Members of the committee shall receive no compensation for the performance of their duties but shall receive a
per diem allowance and mileage expense according to the
provisions of chapter 43.03 RCW. [1995 c 25 § 1; 1992 c
35 § 1; 1987 c 59 § 1; 1985 c 63 § 1; 1983 c 34 § 1; 1977
ex.s. c 285 § 1; 1975-’76 2nd ex.s. c 115 § 14.]
43.60A.100 Counseling services—War-affected
veterans. The department of veterans affairs, to the extent
funds are made available, shall: (1) Contract with professional counseling specialists to provide a range of direct
treatment services to war-affected state veterans and to those
national guard and reservists who served in the Middle East,
and their family members; (2) provide additional treatment
services to Washington state Vietnam veterans for post
traumatic stress disorder, particularly for those veterans
whose post traumatic stress disorder has intensified or
initially emerged due to the war in the Middle East; (3)
provide an educational program designed to train primary
care professionals, such as mental health professionals, about
the effects of war-related stress and trauma; (4) provide
informational and counseling services for the purpose of
establishing and fostering peer-support networks throughout
the state for families of deployed members of the reserves
and the Washington national guard; (5) provide for veterans’
families, a referral network of community mental health
providers who are skilled in treating deployment stress,
combat stress, and post traumatic stress. [1991 c 55 § 1.]
43.60A.110 Counseling—Coordination of programs.
The department shall coordinate the programs contained in
RCW 43.60A.100 with the services offered by the department of social and health services, local mental health
organizations, and the federal department of veterans affairs
to minimize duplication. [1991 c 55 § 2.]
(2002 Ed.)
Department of Veterans Affairs
43.60A.120 Counseling—Priority. The department of veterans affairs shall give priority in its counseling
and instructional programs to treating state veterans located
in rural areas of the state, especially those who are members
of traditionally underserved minority groups, and women
veterans. [1991 c 55 § 3.]
43.60A.130 Counseling—Posttraumatic stress
disorder and combat stress program. The department of
veterans affairs shall design its posttraumatic stress disorder
and combat stress programs and related activities to provide
veterans with as much privacy and confidentiality as possible
and yet consistent with sound program management. [1991
c 55 § 4.]
43.60A.900 Transfer of personnel of department of
social and health services engaged in veterans’ services—
Rights preserved. All employees and personnel of the
department of social and health services directly engaged in
services to veterans shall, on June 25, 1976, be transferred
to the jurisdiction of the department of veterans affairs. All
employees classified under chapter 41.06 RCW, the state
civil service law, shall be assigned to the department to
perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules
governing the state civil service law. [1975-’76 2nd ex.s. c
115 § 9.]
43.60A.901 Transfer of property, records, funds,
assets of agencies whose functions are transferred to
department. All reports, documents, surveys, books,
records, files, papers, or other writings in the possession of
all departments and agencies of state government concerned
with veterans services, and pertaining to the functions
affected by this chapter, shall be delivered to the custody of
the department of veterans affairs. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property
employed in carrying out the powers and duties transferred
by this chapter shall be made available to the department.
All funds, credits, or other assets held in connection with the
functions transferred by this chapter shall be assigned to the
department.
Any appropriations made to the department of social
and health services or other departments or agencies affected
by this chapter for the purpose of carrying out the powers
and duties transferred by this chapter, shall on June 25,
1976, be transferred and credited to the department of
veterans affairs for the purpose of carrying out such transferred powers and duties.
Whenever any question arises as to the transfer of any
funds, including unexpended balances within any accounts,
books, documents, records, papers, files, equipment, or any
other tangible property used or held in the exercise of the
powers and the performance of the duties and functions
transferred under this chapter, the director of financial
management or successor thereto shall make a determination
as to the proper allocation and certify the same to the state
departments and agencies concerned. [1979 c 151 § 125;
1975-’76 2nd ex.s. c 115 § 10.]
(2002 Ed.)
43.60A.120
43.60A.902 Rules and regulations, pending business,
contracts, of agencies whose functions are transferred to
department to be continued—Savings. All rules and
regulations, and all pending business before the departments
and agencies or divisions thereof affected by this chapter
pertaining to matters transferred by this chapter, as of June
25, 1976, shall be continued and acted upon by the department. All existing contracts and obligations pertaining to the
functions transferred by this chapter shall remain in full
force and effect, and shall be performed by the department.
Neither the transfer of any department or agency, or division
thereof, nor any transfer of powers, duties, and functions,
shall affect the validity of any act performed by such
department or agency or division thereof or any officer or
employee thereof prior to June 25, 1976. [1975-’76 2nd
ex.s. c 115 § 11.]
43.60A.903 Certification when apportionments of
budgeted funds required because of transfers. If apportionments of budgeted funds are required because of the
transfers authorized by this chapter, the director of financial
management shall certify such apportionments to the
agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with such certification. [1979 c
151 § 126; 1975-’76 2nd ex.s. c 115 § 12.]
43.60A.904 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Construction to comply with federal law—
Conflicting parts inoperative. In furtherance of the policy
of the state to cooperate with the federal government in all
of the programs included in this chapter, such rules and
regulations as may become necessary to entitle the state to
participate in federal funds may be adopted, unless the same
be expressly prohibited by law. Any internal reorganization
carried out under the terms of this chapter shall meet federal
requirements which are a necessary condition to state receipt
of federal funds. Any section or provision of this chapter
which may be susceptible to more than one construction
shall be interpreted in favor of the construction most likely
to comply with federal laws entitling this state to receive
federal funds for the various programs of the department. If
any part of this chapter is ruled to be in conflict with federal
requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or
agencies thereof, such conflicting part of this chapter is
declared to be inoperative solely to the extent of the conflict.
[1975-’76 2nd ex.s. c 115 § 13.]
43.60A.905 Savings—1975-’76 2nd ex.s. c 115.
Nothing in this chapter shall be construed to affect any
existing rights acquired under RCW 43.17.010, 43.17.020,
43.61.030, 43.61.040, or 43.61.070, as now or hereafter
amended, except as to the governmental agencies referred to
and their officials and employees, nor as affecting any
actions, activities, or proceedings validated thereunder, nor
as affecting any civil or criminal proceedings instituted
thereunder, nor any rule, regulation, or order promulgated
thereunder, nor any administrative action taken thereunder;
[Title 43 RCW—page 285]
43.60A.905
Title 43 RCW: State Government—Executive
and neither the abolition of any agency or division thereof
nor any transfer of powers, duties, and functions as provided
herein, shall affect the validity of any act performed by such
agency or division thereof or any officer thereof prior to
June 25, 1976. [1983 c 3 § 112; 1975-’76 2nd ex.s. c 115
§ 15.]
§ 5; 1970 ex.s. c 18 § 33; 1965 c 8 § 43.61.030. Prior:
1947 c 110 § 6; RRS § 10758-105.]
43.60A.906 Collective bargaining units or agreements not altered. Nothing contained in this chapter shall
be construed to alter any existing collective bargaining unit
or the provisions of any existing collective bargaining agreement until any such agreement has expired or until any such
bargaining unit has been modified by action of the Washington personnel resources board as provided by law. [1993 c
281 § 52; 1975-’76 2nd ex.s. c 115 § 16.]
43.61.040 Director of veterans affairs to make rules
and regulations—Veteran services—Annual report. The
director of veterans affairs shall make such rules and
regulations as may be necessary to carry out the purposes of
this chapter. The department shall furnish information,
advice, and assistance to veterans and coordinate all programs and services in the field of veterans’ claims service,
education, health, vocational guidance and placement, and
services not provided by some other agency of the state or
by the federal government. The director shall submit a
report of the departments’ activities hereunder each year to
the governor. [1977 c 75 § 60; 1975-’76 2nd ex.s. c 115 §
22; 1971 ex.s. c 189 § 6; 1970 ex.s. c 18 § 34; 1965 c 8 §
43.61.040. Prior: 1947 c 110 § 3; RRS § 10758-102.]
Effective date—1993 c 281: See note following RCW 41.06.022.
43.60A.907 Liberal construction—1975-’76 2nd ex.s.
c 115. The rule of strict construction shall have no application to this chapter and it shall be liberally construed in
order to carry out the objective for which it is designed, in
accordance with the legislative intent to give the director the
maximum possible freedom in carrying the provisions of this
chapter into effect. [1975-’76 2nd ex.s. c 115 § 17.]
43.60A.908 Severability—1975-’76 2nd ex.s. c 115.
If any provision of this amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975-’76 2nd ex.s. c 115
§ 25.]
Chapter 43.61
VETERANS’ REHABILITATION COUNCIL
Sections
43.61.030
Contracts with veterans’ organizations to provide veterans
services—Use of funds.
43.61.040 Director of veterans affairs to make rules and regulations—
Veteran services—Annual report.
43.61.060 Donations may be accepted—Procedure for allotment and
use.
43.61.070 Payments to veterans’ organizations—Approval by director
of veterans affairs.
Department of veterans affairs: Chapter 43.60A RCW.
43.61.030 Contracts with veterans’ organizations to
provide veterans services—Use of funds. The director of
veterans affairs is empowered to contract with any veterans’
organizations, now or hereafter chartered by act of congress
to provide veterans services. All sums paid to veterans’
organizations under contract shall be used by the organizations as specified in the contract in the maintenance of a
rehabilitation service and to assist veterans in the prosecution
of their claims and the solution of their problems arising out
of military service. Such service and assistance shall be
rendered all veterans and their dependents and also all
beneficiaries of any military claim, and shall include but not
be limited to those services now rendered by the service
departments of the respective member organizations. [1983
c 260 § 1; 1975-’76 2nd ex.s. c 115 § 21; 1971 ex.s. c 189
[Title 43 RCW—page 286]
Savings—Construction—Severability—1975-’76 2nd ex.s. c 115:
See RCW 43.60A.905, 43.60A.907, 43.60A.908.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
Savings—Construction—Severability—1975-’76 2nd ex.s. c 115:
See RCW 43.60A.905, 43.60A.907, 43.60A.908.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.61.060 Donations may be accepted—Procedure
for allotment and use. The department of veterans affairs
may receive gifts, donations, and grants from any person or
agency and all such gifts, donations, and grants shall be
placed in the general fund and may be allotted and used in
accordance with the donors’ instructions as an unanticipated
receipt pursuant to RCW 43.79.270 through 43.79.282 as
now existing or hereafter amended. [1979 ex.s. c 59 § 1;
1971 ex.s. c 189 § 7; 1965 c 8 § 43.61.060. Prior: 1947 c
110 § 5; RRS § 10758-104.]
43.61.070 Payments to veterans’ organizations—
Approval by director of veterans affairs. Payments to any
veterans’ organization shall first be approved by the director
of veterans affairs and insofar as possible shall be made on
an equitable basis for work done. [1975-’76 2nd ex.s. c 115
§ 24; 1970 ex.s. c 18 § 36; 1965 c 8 § 43.61.070. Prior:
1947 c 110 § 7; RRS § 10758-106.]
Savings—Construction—Severability—1975-’76 2nd ex.s. c 115:
See RCW 43.60A.905, 43.60A.907, 43.60A.908.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
Chapter 43.62
DETERMINATION OF POPULATIONS—
STUDENT ENROLLMENTS
Sections
43.62.010
43.62.020
43.62.030
43.62.035
Office of financial management—Population studies—
Expenditures.
Method of allocating state funds to cities and towns prescribed.
Determination of population—Cities and towns—
Certificate—Allocation of state funds.
Determining population—Projections.
(2002 Ed.)
Determination of Populations—Student Enrollments
43.62.040
43.62.050
Assistance to office of financial management—
Determination by office of financial management conclusive.
Student enrollment forecasts—Report.
43.62.010 Office of financial management—
Population studies—Expenditures. If the state or any of
its political subdivisions, or other agencies, use the population studies services of the office of financial management
or the successor thereto, the state, its political subdivision, or
other agencies utilizing such services shall pay for the cost
of rendering such services. Expenditures shall be paid out
of funds allocated to cities and towns under RCW 82.44.155
and shall be paid from said fund before any allocations or
payments are made to cities and towns under RCW
82.44.155. [1990 c 42 § 317; 1979 c 151 § 127; 1975-’76
2nd ex.s. c 34 § 121; 1965 c 8 § 43.62.010. Prior: 1957 c
175 § 1; 1951 c 96 § 1; 1947 c 51 § 2; RRS § 5508-11.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.62.020 Method of allocating state funds to cities
and towns prescribed. Whenever cities and towns of the
state are, by law, allocated and entitled to be paid any funds
or state moneys from any source, and the allocation and
payment is required to be made on a populations basis,
notwithstanding the provisions of any other law to the
contrary, all such allocations shall be made on the basis of
the population of the respective cities and towns as last
determined by the office of financial management: PROVIDED, That the regular federal decennial census figures
released for cities and towns shall be considered by the
office of financial management in determining the population
of cities and towns. [1979 c 151 § 128; 1965 c 8 §
43.62.020. Prior: 1957 c 175 § 2; prior: (i) 1949 c 60 § 1;
RRS § 5508-3. (ii) 1947 c 51 § 1; RRS § 5508-10.]
43.62.030 Determination of population—Cities and
towns—Certificate—Allocation of state funds. The office
of financial management shall annually as of April 1st,
determine the populations of all cities and towns of the state;
and on or before July 1st of each year, shall file with the
secretary of state a certificate showing its determination as
to the populations of cities and towns of the state. A copy
of such certificate shall be forwarded by the agency to each
state official or department responsible for making allocations or payments, and on and after January 1st next following the date when such certificate or certificates are filed, the
population determination shown in such certificate or
certificates shall be used as the basis for the allocation and
payment of state funds, to cities and towns until the next
January 1st following the filing of successive certificates by
the agency: PROVIDED, That whenever territory is
annexed to a city or town, the population of the annexed
territory shall be added to the population of the annexing
city or town upon the effective date of the annexation as
specified in the relevant ordinance, and upon approval of the
agency as provided in RCW 35.13.260, as now or hereafter
amended, a revised certificate reflecting the determination of
the population as increased from such annexation shall be
(2002 Ed.)
Chapter 43.62
forwarded by the agency to each state official or department
responsible for making allocations or payments, and upon
and after the date of the commencement of the next quarterly
period, the population determination indicated in such
revised certificate shall be used as the basis for allocation
and payment of state funds to such city or town until the
next annual population determination becomes effective:
PROVIDED FURTHER, That whenever any city or town
becomes incorporated subsequent to the determination of
such population, the populations of such cities and towns as
shown in the records of incorporation filed with the secretary
of state shall be used in determining the amount of allocation
and payments, and the agency shall so notify the proper state
officials or departments, and such cities and towns shall be
entitled to participate in allocations thereafter made:
PROVIDED FURTHER, That in case any incorporated city
or town disincorporates subsequent to the filing of such
certificate or certificates, the agency shall promptly notify
the proper state officials or departments thereof, and such
cities and towns shall cease to participate in allocations
thereafter made, and all credit accrued to such incorporated
city or town shall be distributed to the credit of the remaining cities and towns. The secretary of state shall
promptly notify the agency of the incorporation of each new
city and town and of the disincorporation of any cities or
towns.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate due
to an annexation is forwarded by the agency thirty days or
less prior to the commencement of the next quarterly period,
the population of the annexed territory shall not be considered until the commencement of the following quarterly
period.
Armed forces shipboard population, on-base naval group
quarter population, and military dependents living in housing
under United States navy jurisdiction, shall be determined
quarterly by the office of financial management on the first
days of January, April, July, and October. These counts
shall be used to increase or decrease the armed forces
component of the resident population determinations in the
cities of Bremerton and Everett for the purpose of allocating
state revenues according to this section. Counts on the first
day of the quarterly periods commencing with January,
April, July, and October shall be used to adjust the total
population for the following quarter, in the same manner
adjustments are made for population changes due to annexation as specified in RCW 35.13.260 and 35A.14.700.
Population determinations made under this section shall
include only those persons who meet resident population
criteria as defined by the federal bureau of the census.
[1988 c 260 § 1; 1979 c 151 § 129; 1977 c 75 § 61; 1969
ex.s. c 50 § 2; 1965 c 8 § 43.62.030. Prior: 1957 c 175 §
3; 1951 c 96 § 2.]
Determination of population of area annexed to city: RCW 35.13.260.
43.62.035 Determining population—Projections.
The office of financial management shall determine the
population of each county of the state annually as of April
1st of each year and on or before July 1st of each year shall
file a certificate with the secretary of state showing its
[Title 43 RCW—page 287]
43.62.035
Title 43 RCW: State Government—Executive
determination of the population for each county. The office
of financial management also shall determine the percentage
increase in population for each county over the preceding
ten-year period, as of April 1st, and shall file a certificate
with the secretary of state by July 1st showing its determination. At least once every five years or upon the availability
of decennial census data, whichever is later, the office of
financial management shall prepare twenty-year growth
management planning population projections required by
RCW 36.70A.110 for each county that adopts a comprehensive plan under RCW 36.70A.040 and shall review these
projections with such counties and the cities in those
counties before final adoption. The county and its cities may
provide to the office such information as they deem relevant
to the office’s projection, and the office shall consider and
comment on such information before adoption. Each
projection shall be expressed as a reasonable range developed within the standard state high and low projection. The
middle range shall represent the office’s estimate of the most
likely population projection for the county. If any city or
county believes that a projection will not accurately reflect
actual population growth in a county, it may petition the
office to revise the projection accordingly. The office shall
complete the first set of ranges for every county by December 31, 1995.
A comprehensive plan adopted or amended before
December 31, 1995, shall not be considered to be in noncompliance with the twenty-year growth management
planning population projection if the projection used in the
comprehensive plan is in compliance with the range later
adopted under this section. [1997 c 429 § 26; 1995 c 162 §
1; 1991 sp.s. c 32 § 30; 1990 1st ex.s. c 17 § 32.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Effective date—1995 c 162: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 27, 1995]." [1995 c 162 § 2.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
43.62.040 Assistance to office of financial management—Determination by office of financial management
conclusive. The department of revenue or any other state
officer or officials of cities, towns, or counties shall upon
request of the office of financial management furnish such
information, aid, and assistance as may be required by the
office of financial management in the performance of its
population studies. The action of the office of financial
management in determining the population shall be final and
conclusive. [1979 c 151 § 130; 1975 1st ex.s. c 278 § 25;
1965 c 8 § 43.62.040. Prior: 1957 c 175 § 4; 1951 c 96 §
3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
43.62.050 Student enrollment forecasts—Report.
The office of financial management shall develop and
maintain student enrollment forecasts of Washington schools,
including both public and private, elementary schools, junior
high schools, high schools, colleges, and universities. A
current report of such forecasts shall be submitted to the
[Title 43 RCW—page 288]
standing committees on ways and means of the house and
the senate on or before the fifteenth day of November of
each even-numbered year. [1979 c 151 § 131; 1977 c 75 §
62; 1975 1st ex.s. c 293 § 2; 1965 c 8 § 43.62.050. Prior:
1959 c 171 § 1; 1957 c 229 § 1.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Review of reported FTE students: RCW 28A.150.260.
Chapter 43.63A
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
(Formerly: Department of community development)
Sections
43.63A.066 Child abuse and neglect prevention training for participants
in head start or early childhood education assistance
programs—Department’s duties.
43.63A.067 Early childhood assistance programs, department’s duties.
43.63A.075 Community development finance program.
43.63A.105 Considerations in designating local community action and
community service agencies.
43.63A.115 Community action agency network—Delivery system for
federal and state anti-poverty programs.
43.63A.125 Nonresidential social services facilities—Assistance to nonprofit organizations—Competitive process—
Recommendations to legislature for funding.
43.63A.150 State census board abolished.
43.63A.155 Local government bond information—Publication—Rules.
43.63A.190 Distribution of funds for border areas.
43.63A.215 Accessory apartments—Development and placement—Local
governments.
43.63A.230 Employee ownership program—Advisory panel—Reports—
When employee stock ownership plans qualify.
43.63A.240 Senior environmental corps—Finding.
43.63A.245 Senior environmental corps—Definitions.
43.63A.247 Senior environmental corps—Created.
43.63A.249 Senior environmental corps—Goals.
43.63A.265 Senior environmental corps—Department duties—Volunteers
may not displace currently employed workers.
43.63A.270 Senior environmental corps—Volunteer activity to be governed by agreement.
43.63A.275 Retired senior volunteer programs (RSVP)—Funds distribution.
43.63A.400 Grants to public broadcast stations.
43.63A.410 Grants to broadcast stations eligible for grants from corporation for public broadcasting—Formula—Annual financial statements.
43.63A.420 Grants to other broadcast stations—Eligibility—Amounts.
43.63A.460 Manufactured housing—Department duties.
43.63A.465 Manufactured housing—Federal standards—Enforcement.
43.63A.4651 Manufactured housing—Contingent expiration date—RCW
43.63A.465.
43.63A.470 Manufactured housing—Inspections, investigations.
43.63A.475 Manufactured housing—Rules.
43.63A.480 Manufactured housing—Hearing procedures.
43.63A.485 Manufactured housing—Violations—Fines.
43.63A.490 Manufactured housing—Contingent expiration date.
43.63A.500 Farmworker housing construction manuals and plans.
43.63A.505 Agricultural employee housing—One-stop clearinghouse.
43.63A.510 Affordable housing—Inventory of state-owned land.
43.63A.550 Growth management—Inventorying and collecting data.
43.63A.610 Emergency mortgage assistance—Guidelines.
43.63A.620 Emergency rental assistance—Guidelines.
43.63A.630 Emergency mortgage and rental assistance program—
Eligibility.
43.63A.640 Emergency mortgage and rental assistance program—
Duties—Interest rate, assignment, eligibility.
43.63A.645 Emergency housing programs—Rules.
43.63A.650 Housing—Department’s responsibilities.
43.63A.655 Homelessness—Data collection and analyses.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.63A.660 Housing—Technical assistance and information, affordable
housing.
43.63A.670 Home-matching program—Finding, purpose.
43.63A.680 Home-matching program—Pilot programs.
43.63A.690 Minority and women-owned business enterprises—Linked
deposit program.
43.63A.715 Rural enterprise zones—Establishment—Applications—
Authority of zones.
43.63A.720 Prostitution prevention and intervention services—Grant
program.
43.63A.725 Prostitution prevention and intervention grants—Eligibility.
43.63A.730 Prostitution prevention and intervention grants—
Applications, contents.
43.63A.735 Prostitution prevention and intervention grants—Award and
use.
43.63A.740 Prostitution prevention and intervention account.
43.63A.750 Performing arts, art museums, cultural facilities—
Competitive grant program for nonprofit organizations.
43.63A.900 Severability—1967 c 74.
43.63A.901 Severability—1984 c 125.
43.63A.902 Headings—1984 c 125.
43.63A.903 Effective date—1984 c 125.
Annexations to cities or towns, annexation certificate submitted to the
department of community, trade, and economic development: RCW
35.13.260.
Center for volunteerism and citizen service within department of community,
trade, and economic development: RCW 43.150.040.
Community and technical college board to assist in enrollment projections:
RCW 28B.50.090.
Industrial projects of statewide significance—Appointment of ombudsmen:
RCW 43.157.030.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Occupational forecast—Agency consultation: RCW 50.38.030.
Scenic and recreational highway act, planning and design standards
established by department of community, trade, and economic
development: RCW 47.39.040.
43.63A.066 Child abuse and neglect prevention
training for participants in head start or early childhood
education assistance programs—Department’s duties.
The department of community, trade, and economic development shall have primary responsibility for providing child
abuse and neglect prevention training to preschool age
children participating in the federal head start program or the
early childhood education and assistance program established
under RCW 28A.215.010 through 28A.215.200 and
28A.215.900 through 28A.215.908. [1993 c 280 § 58; 1990
c 33 § 579; 1987 c 489 § 4.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Intent—1987 c 489: See note following RCW 28A.300.150.
43.63A.067 Early childhood assistance programs,
department’s duties. See chapter 28A.215 RCW.
43.63A.075 Community development finance
program. The department shall establish a community
development finance program. Pursuant to this program, the
department shall, in cooperation with the local economic
development council: (1) Develop expertise in federal, state,
and local community and economic development programs;
and (2) assist communities and businesses to secure available
financing. To the extent permitted by federal law, the
(2002 Ed.)
Chapter 43.63A
department is encouraged to use federal community block
grant funds to make urban development action grants to
communities which have not been eligible to receive such
grants prior to June 30, 1984. [1999 c 108 § 1; 1993 c 280
§ 59; 1985 c 466 § 53; 1984 c 125 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.63A.105 Considerations in designating local
community action and community service agencies. In
designating local community action agencies or local
community service agencies, the department shall give
special consideration to (1) agencies previously funded under
any community services or antipoverty program; (2) agencies
meeting state and federal program and fiscal requirements;
and (3) successors to such agencies. [1984 c 125 § 10.]
43.63A.115 Community action agency network—
Delivery system for federal and state anti-poverty
programs. (1) The community action agency network,
established initially under the federal economic opportunity
act of 1964 and subsequently under the federal community
services block grant program of 1981, as amended, shall be
a delivery system for federal and state anti-poverty programs
in this state, including but not limited to the community
services block grant program, the low-income energy
assistance program, and the federal department of energy
weatherization program.
(2) Local community action agencies comprise the
community action agency network. The community action
agency network shall serve low-income persons in the
counties. Each community action agency and its service
area shall be designated in the state federal community
service block grant plan as prepared by the department of
community, trade, and economic development.
(3) Funds for anti-poverty programs may be distributed
to the community action agencies by the department of
community, trade, and economic development and other state
agencies in consultation with the authorized representatives
of community action agency networks. [1993 c 280 § 60;
1990 c 156 § 1.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
43.63A.125 Nonresidential social services facilities—
Assistance to nonprofit organizations—Competitive
process—Recommendations to legislature for funding.
(Expires June 30, 2007.) (1) The department shall establish
a competitive process to solicit proposals for and prioritize
projects that assist nonprofit organizations in acquiring,
constructing, or rehabilitating facilities used for the delivery
of nonresidential social services.
(2) The department shall establish a competitive process
to prioritize applications for the assistance as follows:
(a) The department shall conduct a statewide solicitation
of project applications from local governments, nonprofit
organizations, and other entities, as determined by the
department. The department shall evaluate and rank applications in consultation with a citizen advisory committee using
[Title 43 RCW—page 289]
43.63A.125
Title 43 RCW: State Government—Executive
objective criteria. At a minimum, applicants must demonstrate that the requested assistance will increase the efficiency or quality of the social services it provides to citizens.
The evaluation and ranking process shall also include an
examination of existing assets that applicants may apply to
projects. Grant assistance under this section shall not exceed
twenty-five percent of the total cost of the project. The
nonstate portion of the total project cost may include cash,
the value of real property when acquired solely for the purpose of the project, and in-kind contributions.
(b) The department shall submit a prioritized list of
recommended projects to the governor and the legislature in
the department’s biennial capital budget request beginning
with the 2001-2003 biennium and thereafter. For the 19992001 biennium, the department shall conduct a solicitation
and ranking process, as described in (a) of this subsection,
for projects to be funded by appropriations provided for this
program in the 1999-2001 capital budget. The list shall
include a description of each project, the amount of recommended state funding, and documentation of nonstate funds
to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall
not exceed four million dollars. The department may
provide an additional alternate project list which shall not
exceed five hundred thousand dollars. Except for the 19992001 biennium, the department shall not sign contracts or
otherwise financially obligate funds under this section until
the legislature has approved a specific list of projects.
(c) In contracts for grants authorized under this section
the department shall include provisions which require that
capital improvements shall be held by the grantee for a
specified period of time appropriate to the amount of the
grant and that facilities shall be used for the express purpose
of the grant. If the grantee is found to be out of compliance
with provisions of the contract, the grantee shall repay to the
state general fund the principal amount of the grant plus
interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date
of authorization of the grant. [1999 c 295 § 3; 1997 c 374
§ 2.]
Expiration date—1999 c 295: See note following RCW 43.63A.750.
Findings—1997 c 374: "The legislature finds that nonprofit
organizations provide a variety of social services that serve the needs of the
citizens of Washington, including many services implemented under contract
with state agencies. The legislature also finds that the efficiency and quality
of these services may be enhanced by the provision of safe, reliable, and
sound facilities, and that, in certain cases, it may be appropriate for the state
to assist in the development of these facilities." [1997 c 374 § 1.]
43.63A.150 State census board abolished. The state
census board is hereby abolished. [1967 ex.s. c 42 § 3.]
Effective date—1967 ex.s. c 42: See note following RCW 3.30.010.
Savings—1967 ex.s. c 42: See note following RCW 3.30.010.
Population determinations, office financial management: Chapter 43.62
RCW.
43.63A.155 Local government bond information—
Publication—Rules. The department of community, trade,
and economic development shall retain the bond information
it receives under RCW 39.44.210 and 39.44.230 and shall
publish summaries of local government bond issues at least
once a year.
[Title 43 RCW—page 290]
The department of community, trade, and economic
development shall adopt rules under chapter 34.05 RCW to
implement RCW 39.44.210 and 39.44.230. [1993 c 280 §
61; 1989 c 225 § 5; 1985 c 130 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
43.63A.190 Distribution of funds for border areas.
Funds appropriated by the legislature as supplemental
resources for border areas shall be distributed by the state
treasurer pursuant to the formula for distributing funds from
the liquor revolving fund to border areas, and expenditure
requirements for such distributions, under RCW 66.08.196.
[1995 c 159 § 5; 1984 c 125 § 11; 1981 c 269 § 2.]
Effective date—1995 c 159: See note following RCW 66.08.190.
Legislative declaration—1981 c 269: "The legislature finds and
declares that certain counties and municipalities near international borders
are subjected to a constant volume and flow of travelers and visitors for
whom local government services must be provided. The legislature further
finds that it is in the public interest and for the protection of the health,
property, and welfare of the residents and visitors to provide supplemental
resources to augment and maintain existing levels of police protection in
these areas." [1981 c 269 § 1.]
43.63A.215 Accessory apartments—Development
and placement—Local governments. (1) The department
shall, in consultation with the affordable housing advisory
board created in RCW 43.185B.020, report to the legislature
on the development and placement of accessory apartments.
The department shall produce a written report by December
15, 1993, which:
(a) Identifies local governments that allow the siting of
accessory apartments in areas zoned for single-family
residential use; and
(b) Makes recommendations to the legislature designed
to encourage the development and placement of accessory
apartments in areas zoned for single-family residential use.
(2) The recommendations made under subsection (1) of
this section shall not take effect before ninety days following
adjournment of the 1994 regular legislative session.
(3) Unless provided otherwise by the legislature, by
December 31, 1994, local governments shall incorporate in
their development regulations, zoning regulations, or official
controls the recommendations contained in subsection (1) of
this section. The accessory apartment provisions shall be
part of the local government’s development regulation,
zoning regulation, or official control. To allow local
flexibility, the recommendations shall be subject to such
regulations, conditions, procedures, and limitations as determined by the local legislative authority.
(4) As used in this section, "local government" means:
(a) A city or code city with a population that exceeds
twenty thousand;
(b) A county that is required to or has elected to plan
under the state growth management act; and
(c) A county with a population that exceeds one hundred
twenty-five thousand. [1993 c 478 § 7.]
43.63A.230 Employee ownership program—
Advisory panel—Reports—When employee stock ownership plans qualify. (1) The department of community,
trade, and economic development shall integrate an employee
(2002 Ed.)
Department of Community, Trade, and Economic Development
ownership program within its existing technical assistance
programs. The employee ownership program shall provide
technical assistance to cooperatives authorized under chapter
23.78 RCW and conduct educational programs on employee
ownership and self-management. The department shall
include information on the option of employee ownership
wherever appropriate in its various programs.
(2) The department shall maintain a list of firms and
individuals with expertise in the field of employee ownership
and utilize such firms and individuals, as appropriate, in
delivering and coordinating the delivery of technical,
managerial, and educational services. In addition, the
department shall work with and rely on the services of the
employment security department and state institutions of
higher education to promote employee ownership.
(3) The department shall report to the governor, the
appropriate economic development committees of the senate
and the house of representatives, and the ways and means
committees of each house by December 1 of 1988, and each
year thereafter, on the accomplishments of the employeeownership program. Such reports shall include the number
and types of firms assisted, the number of jobs created by
such firms, the types of services, the number of workshops
presented, the number of employees trained, and the results
of client satisfaction surveys distributed to those using the
services of the program.
(4) For purposes of this section, an employee stock
ownership plan qualifies as a cooperative if at least fifty
percent, plus one share, of its voting shares of stock are
voted on a one-person-one-vote basis. [1993 c 280 § 63;
1988 c 186 § 17; 1987 c 457 § 15.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Effective date—1988 c 186 § 17: "Section 17 of this act shall take
effect June 30, 1993." [1988 c 186 § 18.]
Severability—1987 c 457: See RCW 23.78.902.
43.63A.240 Senior environmental corps—Finding.
The legislature finds that:
Enhancement and protection of the state’s environment
demands more resources than government funding can
provide;
A critical underutilized asset to society is the knowledge, skills, abilities, and wisdom of our expanding, able
senior population;
Central to the well-being and continued connection to
society of Washington’s senior citizens is the opportunity for
them to voluntarily continue to provide meaningful contributions and to share their professional training, lifelong skills,
talents, and wisdom with Washington state’s citizens;
It will benefit all the citizens of the state of Washington
to create a partnership between our senior citizens and the
state’s natural resource agencies to augment our capability to
protect, enhance, and appreciate the environment. [1992 c
63 § 1.]
Severability—1992 c 63: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 63 § 16.]
43.63A.245 Senior environmental corps—
Definitions. Unless the context clearly requires otherwise,
(2002 Ed.)
43.63A.230
the definitions in this section apply throughout RCW
43.63A.240 through 43.63A.270.
"Agency" means one of the agencies or organizations
participating in the activities of the senior environmental
corps.
"Coordinator" means the person designated by the
director of community, trade, and economic development to
administer the activities of the senior environmental corps.
"Corps" means the senior environmental corps.
"Department" means the department of community,
trade, and economic development.
"Director" means the director of community, trade, and
economic development or the director’s authorized representative.
"Representative" means the person who is responsible
for the activities of the senior environmental corps in his or
her agency.
"Senior" means any person who is fifty-five years of
age or over.
"Volunteer" means a person who is willing to work
without expectation of salary or financial reward, and who
chooses where he or she provides services and the type of
services he or she provides. [1999 c 151 § 1201; 1993 c
280 § 64; 1992 c 63 § 2.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.247 Senior environmental corps—Created.
The senior environmental corps is created within the department of community, trade, and economic development. The
departments of agriculture, community, trade, and economic
development, employment security, ecology, fish and
wildlife, health, and natural resources, the parks and recreation commission, and the *Puget Sound water quality
authority shall participate in the administration and implementation of the corps and shall appoint representatives to
the council. [1994 c 264 § 25; 1993 c 280 § 65; 1992 c 63
§ 3.]
*Reviser’s note: The Puget Sound water quality authority and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§
11 and 12. Powers, duties, and functions of the Puget Sound water quality
authority pertaining to cleanup and protection of Puget Sound transferred to
the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.249 Senior environmental corps—Goals.
The goals of the corps shall be to:
Provide resources and a support structure to facilitate
corps activities and accomplish goals;
Carry out professional and paraprofessional projects that
focus on conservation, protection, rehabilitation, and enhancement of the state’s natural, environmental, and recreational resources and that otherwise would not be implemented because of limited financial resources;
Provide meaningful opportunities for senior volunteers
to continue to utilize their professional training, lifelong
[Title 43 RCW—page 291]
43.63A.249
Title 43 RCW: State Government—Executive
skills, abilities, experience, and wisdom through participation
in corps projects;
Assist agencies in carrying out statutory assignments
with limited funding resources;
Enhance community understanding of environmental
issues through educational outreach; and
Enhance the state’s ability to provide needed public
services in both urban and rural settings. [1992 c 63 § 4.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.265 Senior environmental corps—
Department duties—Volunteers may not displace currently employed workers. (1) Contingent upon available
funding, the department shall:
Provide a coordinator and staff support to the council as
needed;
Provide support to the agencies for recruitment of
volunteers;
Develop a budget and allocate available funds with the
advice of the council;
Develop a written volunteer agreement;
Collect and maintain project and volunteer records;
Provide reports to the legislature and the council as
requested;
Provide agency project managers and volunteers with
orientation to the corps program and training in the use of
volunteers;
Act as a liaison with and provide information to other
states and jurisdictions on the corps program and program
activities;
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 6.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.270 Senior environmental corps—Volunteer
activity to be governed by agreement. All volunteer
activity must be performed under the terms of a written
master agreement approved by the council and the attorney
general. As a minimum, the volunteer agreement must
include a description of the work that the volunteer is to
perform, including the standards of performance required,
any expenses or other benefits to which the volunteer is to
be entitled, such as mileage, lodging, state industrial coverage, uniforms, or other clothing or supplies, training or other
support to be provided to the volunteer by the agency, the
[Title 43 RCW—page 292]
duration of the agreement, and the terms under which the
agreement may be canceled. [1992 c 63 § 7.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.275 Retired senior volunteer programs
(RSVP)—Funds distribution. (1) Each biennium the
department of community, trade, and economic development
shall distribute such funds as are appropriated for retired
senior volunteer programs (RSVP) as follows:
(a) At least sixty-five percent of the moneys may be
distributed according to formulae and criteria to be determined by the department of community, trade, and economic
development in consultation with the RSVP directors
association.
(b) Up to twenty percent of the moneys may be distributed by competitive grant process to develop RSVP projects
in counties not presently being served, or to expand existing
RSVP services into counties not presently served.
(c) Ten percent of the moneys may be used by the
department of community, trade, and economic development
for administration, monitoring of the grants, and providing
technical assistance to the RSVP projects.
(d) Up to five percent of the moneys may be used to
support projects that will benefit RSVPs statewide.
(2) Grants under subsection (1) of this section shall give
priority to programs in the areas of education, tutoring,
English as a second language, combating of and education
on drug abuse, housing and homeless, and respite care, and
shall be distributed in accordance with the following:
(a) None of the grant moneys may be used to displace
any paid employee in the area being served.
(b) Grants shall be made for programs that focus on:
(i) Developing new roles for senior volunteers in
nonprofit and public organizations with special emphasis on
areas targeted in section 1, chapter 65, Laws of 1992. The
roles shall reflect the diversity of the local senior population
and shall respect their life experiences;
(ii) Increasing the expertise of volunteer managers and
RSVP managers in the areas of communication, recruitment,
motivation, and retention of today’s over-sixty population;
(iii) Increasing the number of senior citizens recruited,
referred, and placed with nonprofit and public organizations;
and
(iv) Providing volunteer support such as: Mileage to
and from the volunteer assignment, recognition, and volunteer insurance. [1993 c 280 § 67; 1992 c 65 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Findings—1992 c 65: "The legislature finds that there is a growing
number of citizens in the state over the age of sixty who have much to offer
their fellow citizens and communities through volunteer service. The
legislature further finds that public programs for education, at-risk youth,
adult literacy, and combating drug abuse have benefited from and are still
in need of the assistance of skilled retired senior volunteer programs
volunteers. In addition the legislature further finds that public programs for
developmentally disabled, environmental protection, corrections, crime
prevention, mental health, long-term and respite care, and housing and
homeless, among others, are also in need of volunteer assistance from the
retired senior volunteer program.
Therefore, the legislature intends to encourage the increased involvement of senior volunteers by providing funding throughout Washington to
promote the development and enhancement of such programs." [1992 c 65
§ 1.]
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.63A.400 Grants to public broadcast stations.
The department of community, trade, and economic development shall distribute grants to eligible public radio and television broadcast stations under RCW 43.63A.410 and
43.63A.420 to assist with programming, operations, and
capital needs. [1993 c 280 § 72; 1987 c 308 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Legislative findings—1987 c 308: "The legislature finds that public
broadcasting creates a cultural and educational environment that is important
to the citizens of the state. The legislature also finds that it is in the public
interest to provide state support to bring cultural, educational, and public
affairs broadcasting services to the citizens of the state." [1987 c 308 § 1.]
43.63A.410 Grants to broadcast stations eligible for
grants from corporation for public broadcasting—
Formula—Annual financial statements. (1) Eligibility for
grants under this section shall be limited to broadcast
stations which are:
(a) Licensed to Washington state organizations, nonprofit corporations, or other entities under section 73.621 of the
regulations of the federal communications commission; and
(b) Qualified to receive community service grants from
the federally chartered corporation for public broadcasting.
Eligibility shall be established as of February 28th of each
year.
(2) The formula in this subsection shall be used to
compute the amount of each eligible station’s grant under
this section.
(a) Appropriations under this section shall be divided
into a radio fund, which shall be twenty-five percent of the
total appropriation under this section, and a television fund,
which shall be seventy-five percent of the total appropriation
under this section. Each of the two funds shall be divided
into a base grant pool, which shall be fifty percent of the
fund, and an incentive grant pool, which shall be the
remaining fifty percent of the fund.
(b) Each eligible participating public radio station shall
receive an equal share of the radio base grant pool, plus a
share of the radio incentive grant pool equal to the proportion its nonfederal financial support bears to the sum of all
participating radio stations’ nonfederal financial support as
most recently reported to the corporation for public
broadcasting.
(c) Each eligible participating public television station
shall receive an equal share of the television base grant pool,
plus a share of the television incentive grant pool equal to
the proportion its nonfederal financial support bears to the
sum of all participating television stations’ nonfederal
financial support as most recently reported to the corporation
for public broadcasting.
(3) Annual financial reports to the corporation for public
broadcasting by eligible stations shall also be submitted by
the stations to the department of community, trade, and
economic development. [1993 c 280 § 73; 1987 c 308 § 3.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Legislative findings—1987 c 308: See note following RCW
43.63A.400.
43.63A.400
43.63A.420 Grants to other broadcast stations—
Eligibility—Amounts. (1) Eligibility for grants under this
section shall be limited to broadcast stations that:
(a) Have a noncommercial educational license granted
by the federal communications commission;
(b) Are not eligible under RCW 43.63A.410;
(c) Have a permanent employee who is assigned
operational management responsibility for the station and
who is not compensated with moneys granted under this
section;
(d) Meet the operating schedule requirements of the
station’s federal broadcast license;
(e) Have facilities and equipment that allow for program
origination and production;
(f) Have a daily broadcast schedule devoted primarily to
serving the educational, informational, and cultural needs of
the community within its primary service area. The programming shall be intended for a general audience and not
designed to further a particular religious philosophy or
political organization;
(g) Originate a locally produced program service
designed to serve the community;
(h) Maintain financial records in accordance with
generally accepted accounting principles; and
(i) Complete an eligibility criteria statement and annual
financial survey pursuant to rules adopted by the *department of community development.
(2)(a) A grant of up to ten thousand dollars per year
may be made under this section to those eligible stations
operating at least twelve hours per day, three hundred sixtyfive days each year, with transmitting facilities developed to
the maximum combination of effective radiated power and
antenna height possible under the station’s federal communications commission license.
(b) A grant of up to eight thousand dollars per year may
be made under this section to those eligible stations operating at least twelve hours per day, three hundred sixty-five
days each year, with transmitting facilities not fully developed under federal communications commission rules.
(c) A grant of up to five thousand dollars per year may
be made under this section to those eligible stations operating less than twelve hours per day, three hundred sixty-five
days each year, with transmitting facilities developed to the
maximum combination of effective radiated power and
antenna height possible under the station’s federal communications commission license.
(d) A grant of up to one thousand five hundred dollars
per year may be made under this section to those eligible
stations not meeting the requirements of (a), (b), or (c) of
this subsection.
(3) Funding received under this section is specifically
for the support of public broadcast operations and facilities
improvements which benefit the general community. No
funds received under this section may be used for any other
purposes by licensees of eligible stations.
(4) Any portion of the appropriation not expended under
this section shall be transferred for expenditure under RCW
43.63A.410. [1987 c 308 § 4.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
(2002 Ed.)
[Title 43 RCW—page 293]
43.63A.420
Title 43 RCW: State Government—Executive
Legislative findings—1987 c 308: See note following RCW
43.63A.400.
43.63A.465 Manufactured housing—Federal
standards—Enforcement. (Contingent expiration date.)
The director of the department of community, trade, and
economic development shall enforce manufactured housing
safety and construction standards adopted by the secretary of
housing and urban development under the National Manufactured Housing Construction and Safety Standards Act of
1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United
States government, state agencies, or private inspection
organizations to implement the development and enforcement
of applicable provisions of this chapter and the National
Manufactured Housing Construction and Safety Standards
Act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426)
regarding the state administrative agency program. [1995 c
399 § 74; 1993 c 124 § 1.]
43.63A.470 Manufactured housing—Inspections,
investigations. (Contingent expiration date.) (1) The
director or the director’s authorized representative shall
conduct such inspections and investigations as may be necessary to implement or enforce manufactured housing rules
adopted under the authority of this chapter or to carry out
the director’s duties under this chapter.
(2) For the purposes of enforcement of this chapter,
persons duly designated by the director upon presenting
appropriate credentials to the owner, operator, or agent in
charge shall:
(a) At reasonable times and without advance notice
enter any factory, warehouse, or establishment in which
manufactured homes are manufactured, stored, or held for
sale; and
(b) At reasonable times, within reasonable limits, and in
a reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards
adopted by the secretary of housing and urban development
under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426). Each inspection shall be commenced and
completed with reasonable promptness.
(3) For the purpose of carrying out the provisions of this
chapter, the director or the director’s authorized representative is authorized:
(a) To require, by general or special orders, any factory,
warehouse, or establishment in which manufactured homes
are manufactured, to file, in such form as prescribed, reports
or answers in writing to specific questions relating to any
function of the department under this chapter. Such reports
and answers shall be made under oath or otherwise, and
shall be filed with the department within such reasonable
time periods as prescribed by the department; and
(b) To hold such hearings, take such testimony, sit and
act at such times and places, administer such oaths, and
require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such
books, papers, correspondence, memorandums, contracts,
agreements, or other records, as the director or such officer
or employee deems advisable.
(4) In carrying out the inspections authorized by this
section the director shall establish by rule, under chapter
34.05 RCW, and impose on manufactured home manufacturers, distributors, and dealers such reasonable fees as may be
necessary to offset the expenses incurred by the director in
conducting the inspections, provided these fees are set in
accordance with guidelines established by the United States
secretary of housing and urban development. [1993 c 124
§ 5.]
Contingent expiration date—RCW 43.63A.465 through
43.63A.490: See RCW 43.63A.490.
Contingent expiration date—RCW 43.63A.465 through
43.63A.490: See RCW 43.63A.490.
43.63A.4651 Manufactured housing—Contingent
expiration date—RCW 43.63A.465. The 1995 amendments
to RCW 43.63A.465 shall expire and be of no force and
effect on January 1 in any year following the failure of the
United States department of housing and urban development
to reimburse the state for the duties described in chapter 124,
Laws of 1993. [1995 c 399 § 219.]
43.63A.475 Manufactured housing—Rules. (Contingent expiration date.) The department shall adopt all rules
under chapter 34.05 RCW necessary to implement chapter
124, Laws of 1993, giving due consideration to standards
and regulations adopted by the secretary of housing and
urban development under the National Manufactured
Housing Construction and Safety Standards Act of 1974 (800
Stat. 700; 42 U.S.C. Secs. 5401-5426) for manufactured
housing construction and safety standards. [1993 c 124 § 2.]
43.63A.460 Manufactured housing—Department
duties. Beginning on July 1, 1991, the department of
community, trade, and economic development shall be
responsible for performing all the consumer complaint and
related functions of the state administrative agency that are
required for purposes of complying with the regulations
established by the federal department of housing and urban
development for manufactured housing, including the
preparation and submission of the state administrative plan.
The department of community, trade, and economic
development may enter into state or local interagency
agreements to coordinate site inspection activities with
record monitoring and complaint handling. The interagency
agreement may also provide for the reimbursement for cost
of work that an agency performs. The department may
include other related areas in any interagency agreements
which are necessary for the efficient provision of services.
The department of labor and industries shall transfer all
records, files, books, and documents necessary for the
department of community, trade, and economic development
to assume these new functions.
The directors of community, trade, and economic
development and the department of labor and industries shall
immediately take such steps as are necessary to ensure that
chapter 176, Laws of 1990 is implemented on June 7, 1990.
[1993 c 280 § 76; 1990 c 176 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Transfer of duties from the department of labor and industries: RCW
43.22.495.
[Title 43 RCW—page 294]
(2002 Ed.)
Department of Community, Trade, and Economic Development
Contingent expiration date—RCW 43.63A.465 through
43.63A.490: See RCW 43.63A.490.
43.63A.480 Manufactured housing—Hearing
procedures. (Contingent expiration date.) The department
shall adopt appropriate hearing procedures under chapter
34.05 RCW for the holding of formal and informal presentation of views, giving due consideration to hearing procedures
adopted by the secretary of housing and urban development
under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426). [1993 c 124 § 3.]
Contingent expiration date—RCW 43.63A.465 through
43.63A.490: See RCW 43.63A.490.
43.63A.485 Manufactured housing—Violations—
Fines. (Contingent expiration date.) (1) A person who
violates any of the provisions of the National Manufactured
Housing Construction and Safety Standards Act of 1974 (800
Stat. 700; 42 U.S.C. Secs. 5401-5426) applicable to RCW
43.63A.465, 43.63A.470, 43.63A.475, and 43.63A.480 or
any rules adopted under RCW 43.63A.465, 43.63A.470,
43.63A.475, and 43.63A.480 is liable to the state of Washington for a civil penalty of not to exceed one thousand
dollars for each such violation. Each violation of the
provisions of the National Manufactured Housing Construction and Safety Standards Act of 1974 (800 Stat. 700; 42
U.S.C. Secs. 5401-5426) applicable to RCW 43.63A.465,
43.63A.470, 43.63A.475, and 43.63A.480 or any rules
adopted under RCW 43.63A.465, 43.63A.470, 43.63A.475,
and 43.63A.480, shall constitute a separate violation with
respect to each manufactured home or with respect to each
failure or refusal to allow or perform an act required thereby,
except that the maximum civil penalty may not exceed one
million dollars for any related series of violations occurring
within one year from the date of the first violation.
(2) An individual or a director, officer, or agent of a
corporation who knowingly and willfully violates any of the
provisions of RCW 43.63A.465, 43.63A.470, 43.63A.475,
and 43.63A.480 or any rules adopted under RCW
43.63A.465, 43.63A.470, 43.63A.475, and 43.63A.480, in a
manner that threatens the health or safety of any purchaser,
shall be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(3) Any legal fees, court costs, expert witness fees, and
staff costs expended by the state in successfully pursuing
violators of RCW 43.63A.465, 43.63A.470, 43.63A.475, and
43.63A.480 shall be reimbursed in full by the violators.
[1993 c 124 § 4.]
Contingent expiration date—RCW 43.63A.465 through
43.63A.490: See RCW 43.63A.490.
43.63A.490 Manufactured housing—Contingent
expiration date. RCW 43.63A.465 through 43.63A.490
shall expire and be of no force and effect on January 1 in
any year following the failure of the United States department of housing and urban development to reimburse the
state for the duties described in RCW 43.63A.465 through
43.63A.490. [1993 c 124 § 6.]
(2002 Ed.)
43.63A.475
43.63A.500 Farmworker housing construction
manuals and plans. The department shall develop, and
make available to the public, model or prototype construction
plans and manuals for several types of farmworker housing,
including but not limited to seasonal housing for individuals
and families, campgrounds, and recreational vehicle parks.
Any person or organization intending to construct
farmworker housing may adopt one or more of these models
as the plan for the proposed housing. [1990 c 253 § 5.]
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
43.63A.505 Agricultural employee housing—Onestop clearinghouse. The department shall establish and
administer a "one-stop clearinghouse" to coordinate state
assistance for growers and nonprofit organizations in
developing housing for agricultural employees. Growers,
housing authorities, and nonprofit organizations shall have
direct access to the one-stop clearinghouse. The department
one-stop clearinghouse shall provide assistance on planning
and design, building codes, temporary worker housing
regulations, financing options, and management to growers
and nonprofit organizations interested in farmworker construction. The department one-stop clearinghouse shall also
provide educational materials and services to local government authorities on Washington state law concerning
farmworker housing. [1999 c 164 § 202.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.63A.510 Affordable housing—Inventory of stateowned land. (1) The department shall work with the
departments of natural resources, transportation, social and
health services, corrections, and general administration to
identify and catalog under-utilized, state-owned land and
property suitable for the development of affordable housing
for very low-income, low-income or moderate-income households. The departments of natural resources, transportation,
social and health services, corrections, and general administration shall provide an inventory of real property that is
owned or administered by each agency and is available for
lease or sale. The inventories shall be provided to the
department by November 1, 1993, with inventory revisions
provided each November 1 thereafter.
(2) Upon written request, the department shall provide
a copy of the inventory of state-owned and publicly owned
lands and buildings to parties interested in developing the
sites for affordable housing.
(3) As used in this section:
(a) "Affordable housing" means residential housing that
is rented or owned by a person who qualifies as a very lowincome, low-income, or moderate-income household or who
is from a special needs population, and whose monthly
housing costs, including utilities other than telephone, do not
exceed thirty percent of the household’s monthly income.
(b) "Very low-income household" means a single
person, family, or unrelated persons living together whose
income is at or below fifty percent of the median income,
adjusted for household size, for the county where the
affordable housing is located.
[Title 43 RCW—page 295]
43.63A.510
Title 43 RCW: State Government—Executive
(c) "Low-income household" means a single person,
family, or unrelated persons living together whose income is
more than fifty percent but is at or below eighty percent of
the median income where the affordable housing is located.
(d) "Moderate-income household" means a single
person, family, or unrelated persons living together whose
income is more than eighty percent but is at or below one
hundred fifteen percent of the median income where the
affordable housing is located. [1993 c 461 § 2; 1990 c 253
§ 6.]
Finding—1993 c 461: "(1) The legislature finds that:
(a) The lack of affordable housing for very low-income, low-income,
or moderate-income households and special needs populations is intensified
by the rising cost of land and construction; and
(b) There are publicly owned land and buildings which may be
suitable to be marketed, sold, leased, or exchanged for the development of
affordable housing.
(2) The legislature declares that the purpose of this act is to:
(a) Provide for an analysis of the inventory of state-owned lands and
buildings prepared by the departments of natural resources, transportation,
corrections, and general administration;
(b) Identify other publicly owned land and buildings that may be
suitable for the development of affordable housing for very-low income,
low-income, or moderate-income households and special needs populations;
(c) Provide a central location of inventories of state and publicly
owned land and buildings that may be suitable to be marketed, sold, leased,
or exchanged for the development of affordable housing; and
(d) Encourage an effective use of publicly owned surplus and
underutilized land and buildings suitable for the development of affordable
housing for very low-income, low-income, or moderate-income households
and special needs populations." [1993 c 461 § 1.]
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
43.63A.550 Growth management—Inventorying and
collecting data. (1) The department shall assist in the
process of inventorying and collecting data on public and
private land for the acquisition of data describing land uses,
demographics, infrastructure, critical areas, transportation
corridors physical features, housing, and other information
useful in managing growth throughout the state. For this
purpose the department shall contract with the department of
information services and shall form an advisory group
consisting of representatives from state, local, and federal
agencies, colleges and universities, and private firms with
expertise in land planning, and geographic information
systems.
(2) The department shall establish a sequence for
acquiring data, giving priority to rapidly growing areas. The
data shall be retained in a manner to facilitate its use in
preparing maps, aggregating with data from multiple
jurisdictions, and comparing changes over time. Data shall
further be retained in a manner which permits its access via
computer.
(3) The department shall work with other state agencies,
local governments, and private organizations that are
inventorying public and private lands to ensure close
coordination and to ensure that duplication of efforts does
not occur. [1998 c 245 § 71; 1990 1st ex.s. c 17 § 21.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
43.63A.610 Emergency mortgage assistance—
Guidelines. Emergency mortgage assistance shall be
provided under the following general guidelines:
[Title 43 RCW—page 296]
(1) Loans provided under the program shall not exceed
an amount equal to twenty-four months of mortgage payments.
(2) The maximum loan amount allowed under the
program shall not exceed twenty thousand dollars.
(3) Loans shall be made to applicants who meet specific
income guidelines established by the department.
(4) Loan payments shall be made directly to the
mortgage lender.
(5) Loans shall be granted on a first-come, first-served
basis.
(6) Repayment of loans provided under the program
shall be made to eligible local organizations, and must not
take more than twenty years. Funds repaid to the program
shall be used as grants or loans under the provisions of
RCW *43.63A.600 through 43.63A.640. [1994 c 114 § 2;
1991 c 315 § 24.]
*Reviser’s note: RCW 43.63A.600 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Effective date—1994 c 114: "This act shall take effect July 1, 1994."
[1994 c 114 § 6.]
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.620 Emergency rental assistance—
Guidelines. Emergency rental assistance shall be provided
under the following general guidelines:
(1) Rental assistance provided under the program may
be in the form of loans or grants and shall not exceed an
amount equal to twenty-four months of rental payments.
(2) Rental assistance shall be made to applicants who
meet specific income guidelines established by the department.
(3) Rental payments shall be made directly to the
landlord.
(4) Rental assistance shall be granted on a first-come,
first-served basis. [1994 c 114 § 3; 1991 c 315 § 25.]
Effective date—1994 c 114: See note following RCW 43.63A.610.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.630 Emergency mortgage and rental
assistance program—Eligibility. To be eligible for
assistance under the program, an applicant must:
(1) Be unable to keep mortgage or rental payments
current, due to a loss of employment, and shall be at
significant risk of eviction;
(2) Have his or her permanent residence located in an
eligible community;
(3) If requesting emergency mortgage assistance, be the
owner of an equitable interest in the permanent residence
and intend to reside in the home being financed;
(4) Be actively seeking new employment or be enrolled
in a training program approved by the director; and
(5) Submit an application for assistance to an organization eligible to receive funds under *RCW 43.63A.600.
[1994 c 114 § 4; 1991 c 315 § 26.]
*Reviser’s note: RCW 43.63A.600 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Effective date—1994 c 114: See note following RCW 43.63A.610.
(2002 Ed.)
Department of Community, Trade, and Economic Development
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.640 Emergency mortgage and rental
assistance program—Duties—Interest rate, assignment,
eligibility. The department shall carry out the following
duties:
(1) Administer the program;
(2) Identify organizations eligible to receive funds to
implement the program;
(3) Develop and adopt the necessary rules and procedures for implementation of the program and for dispersal of
program funds to eligible organizations;
(4) Establish the interest rate for repayment of loans at
two percent below the market rate;
(5) Work with lending institutions and social service
providers in the eligible communities to assure that all
eligible persons are informed about the program;
(6) Utilize federal and state programs that complement
or facilitate carrying out the program;
(7) Ensure that local eligible organizations that dissolve
or become ineligible assign their program funds, rights to
loan repayments, and loan security instruments, to the
government of the county in which the local organization is
located. If the county government accepts the program
assets described in this subsection, it shall act as a local eligible organization under the provisions of RCW
*43.63A.600 through 43.63A.640. If the county government
declines to participate, the program assets shall revert to the
department. [1994 c 114 § 5; 1991 c 315 § 27.]
*Reviser’s note: RCW 43.63A.600 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Effective date—1994 c 114: See note following RCW 43.63A.610.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.645 Emergency housing programs—Rules.
The department shall, by rule, establish program standards,
eligibility standards, eligibility criteria, and administrative
rules for emergency housing programs and specify other
benefits that may arise in consultation with providers. [1999
c 267 § 5.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
43.63A.650 Housing—Department’s responsibilities.
(1) The department shall be the principal state department
responsible for coordinating federal and state resources and
activities in housing, except for programs administered by
the Washington state housing finance commission under
chapter 43.180 RCW, and for evaluating the operations and
accomplishments of other state departments and agencies as
they affect housing.
(2) The department shall work with local governments,
tribal organizations, local housing authorities, nonprofit
community or neighborhood-based organizations, and
regional or statewide nonprofit housing assistance organizations, for the purpose of coordinating federal and state
resources with local resources for housing.
(2002 Ed.)
43.63A.630
(3) The department shall be the principal state department responsible for providing shelter and housing services
to homeless families with children. The department shall
have the principal responsibility to coordinate, plan, and
oversee the state’s activities for developing a coordinated
and comprehensive plan to serve homeless families with
children. The plan shall be developed collaboratively with
the department of social and health services. The department shall include community organizations involved in the
delivery of services to homeless families with children, and
experts in the development and ongoing evaluation of the
plan. The department shall follow professionally recognized
standards and procedures. The plan shall be implemented
within amounts appropriated by the legislature for that
specific purpose in the operating and capital budgets. The
department shall submit the plan to the appropriate committees of the senate and house of representatives no later than
September 1, 1999, and shall update the plan and submit it
to the appropriate committees of the legislature by January
1st of every odd-numbered year through 2007. The plan
shall address at least the following: (a) The need for prevention assistance; (b) the need for emergency shelter; (c)
the need for transitional assistance to aid families into
permanent housing; (d) the need for linking services with
shelter or housing; and (e) the need for ongoing monitoring
of the efficiency and effectiveness of the plan’s design and
implementation. [1999 c 267 § 3; 1993 c 478 § 13.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
43.63A.655 Homelessness—Data collection and
analyses. (1) In order to improve services for the homeless,
the department, within amounts appropriated by the legislature for this specific purpose, shall implement a system for
the ongoing collection and analysis of data about the extent
and nature of homelessness in Washington state, giving
emphasis to information about extent and nature of
homelessness in Washington state families with children.
The system may be merged with other data gathering and
reporting systems and shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with state
agencies including the department of social and health
services, experts, and community organizations involved in
the delivery of services to homeless persons; and
(c) Include related information held or gathered by other
state agencies.
(2) Within amounts appropriated by the legislature, for
this specific purpose, the department shall evaluate the
information gathered and disseminate the analysis and the
evaluation broadly, using appropriate computer networks as
well as written reports. [1999 c 267 § 4.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
43.63A.660 Housing—Technical assistance and
information, affordable housing. The department shall
provide technical assistance and information to state agencies
and local governments to assist in the identification and
removal of regulatory barriers to the development and
[Title 43 RCW—page 297]
43.63A.660
Title 43 RCW: State Government—Executive
placement of affordable housing. In providing assistance the
department may:
(1) Analyze the costs and benefits of state legislation,
rules, and administrative actions and their impact on the
development and placement of affordable housing;
(2) Analyze the costs and benefits of local legislation,
rules, and administrative actions and their impact on the
development and placement of affordable housing;
(3) Assist state agencies and local governments in
determining the impact of existing and anticipated actions,
legislation, and rules on the development and placement of
affordable housing;
(4) Investigate techniques and opportunities for reducing
the life-cycle housing costs through regulatory reform;
(5) Develop model standards and ordinances designed
to reduce regulatory barriers to affordable housing and
assisting in their adoption and use at the state and local
government level;
(6) Provide technical assistance and information to state
agencies and local governments for implementation of
legislative and administrative reform programs to remove
barriers to affordable housing;
(7) Prepare state regulatory barrier removal strategies;
(8) Provide staffing to the affordable housing advisory
board created in RCW 43.185B.020; and
(9) Perform other activities as the director deems
necessary to assist the state, local governments, and the
housing industry in meeting the affordable housing needs of
the state. [1993 c 478 § 14.]
43.63A.670 Home-matching program—Finding,
purpose. (1) The legislature finds that:
(a) The trend toward smaller household sizes will
continue into the foreseeable future;
(b) Many of these households are in housing units that
contain more bedrooms than occupants;
(c) There are older homeowners on relatively low, fixed
income who are experiencing difficulties maintaining their
homes; and
(d) There are single parents, recently widowed persons,
people in the midst of divorce or separation, and handicapped that are faced with displacement due to the high cost
of housing.
(2) The legislature declares that the purpose of RCW
43.63A.680 is to develop a pilot program designed to:
(a) Provide home-matching services that can enable
people to continue living in their homes while promoting
continuity of home ownership and community stability; and
(b) Counter the problem of displacement among people
on relatively low, fixed incomes by linking people offering
living space with people seeking housing. [1993 c 478 §
18.]
43.63A.680 Home-matching program—Pilot programs. (1) The department may develop and administer a
home-matching program for the purpose of providing grants
and technical assistance to eligible organizations to operate
local home-matching programs. For purposes of this section,
"eligible organizations" are those organizations eligible to
receive assistance through the Washington housing trust
fund, chapter 43.185 RCW.
[Title 43 RCW—page 298]
(2) The department may select up to five eligible
organizations for the purpose of implementing a local homematching program. The local home-matching programs are
designed to facilitate: (a) Intergenerational homesharing involving older homeowners sharing homes with younger
persons; (b) homesharing arrangements that involve an
exchange of services such as cooking, housework, gardening,
or babysitting for room and board or some financial consideration such as rent; and (c) the more efficient use of
available housing.
(3) In selecting local pilot programs under this section,
the department shall consider:
(a) The eligible organization’s ability, stability, and
resources to implement the local home-matching program;
(b) The eligible organization’s efforts to coordinate
other support services needed by the individual or family
participating in the local home-matching program; and
(c) Other factors the department deems appropriate.
(4) The eligible organizations shall establish criteria for
participation in the local home-matching program. The
eligible organization shall make a determination of eligibility
regarding the individuals’ or families’ participation in the
local home-matching program. The determination shall
include, but is not limited to a verification of the individual’s
or family’s history of making rent payments in a consistent
and timely manner. [1993 c 478 § 19.]
43.63A.690 Minority and women-owned business
enterprises—Linked deposit program. (1) The department
shall provide technical assistance and loan packaging services that enable minority and women-owned business
enterprises to obtain financing under the linked deposit
program created under RCW 43.86A.060.
(2) The department shall, in consultation with the state
treasurer and office of minority and women’s business
enterprises, monitor the performance of loans made to
minority and women-owned business enterprises under RCW
43.86A.060.
(3) The department, in consultation with the office of
minority and women’s business enterprises, shall develop
indicators to measure the performance of the linked deposit
program in the areas of job creation or retention and providing access to capital to minority or women’s business
enterprises. [2002 c 305 § 3; 1993 c 512 § 31.]
Sunset Act application: See note following RCW 43.86A.060.
Finding—Intent—1993 c 512: See note following RCW 43.86A.060.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.63A.715
Rural enterprise zones—
Establishment—Applications—Authority of zones. The
legislature recognizes the unique difficulties encountered by
communities in rural distressed areas wishing to promote
business development, increase employment opportunities,
and provide a high quality of life for its citizens. In response the legislature authorizes the establishment of rural
enterprise zones that will allow the targeting of state services
and resources in the form of business, industry recruitment,
regulatory relief, and infrastructure development. It is the
intent of the legislature to provide the critical level of
resources and services to businesses and entities located in
(2002 Ed.)
Department of Community, Trade, and Economic Development
these rural enterprise zones that they will be the catalyst for
economic prosperity and diversity throughout rural distressed
areas in Washington.
(1) The department in cooperation with the department
of revenue and other state agencies shall approve applications submitted by local governments in rural distressed
areas. The application shall be in the form and manner and
contain the necessary information designated by the department. The application shall:
(a) Be submitted on behalf of the local government by
the chief elected official or, if none, by the governing body
of the local government;
(b) Outline the purpose for the economic development
enterprise zone and the process in which the application was
developed;
(c) Demonstrate the level of government and community
support for the enterprise zone;
(d) Outline the manner in which the enterprise zone will
be governed and report its activities to the local government
and the department; and
(e) Designate the geographic area in which the rural
enterprise zone will exist.
(2) Rural enterprise zones are authorized to:
(a) Hire a director or designate an individual to oversee
operations;
(b) Seek federal, state, and local government support in
its efforts to target, develop, and attract viable businesses;
(c) Work with the office of business assistance and
recruitment for rural distressed areas in the pursuit of its
economic development activities;
(d) Provide a local one-stop shop for businesses intending to locate, retain, expand, or start their businesses within
its zone; and
(e) Provide comprehensive permitting, zoning, and
regulatory assistance to businesses or entities within the
zone.
(3) Rural enterprise zones are authorized to receive the
services and funding resources as provided under the rural
area marketing plan and other resources assisting rural
distressed areas.
(4) Rural enterprise zones may be established in
conjunction with a foreign trade zone. [1997 c 366 § 9.]
Intent—Goals—Severability—Captions and part headings not
law—1997 c 366: See notes following RCW 82.14.370.
43.63A.720 Prostitution prevention and intervention
services—Grant program. There is established in the
department of community, trade, and economic development
a grant program to enhance funding for prostitution prevention and intervention services. Activities that can be funded
through this grant program shall provide effective prostitution prevention and intervention services, such as counseling,
parenting, housing relief, education, and vocational training,
that:
(1) Comprehensively address the problems of persons
who are prostitutes; and
(2) Enhance the ability of persons to leave or avoid
prostitution. [1995 c 353 § 7.]
(2002 Ed.)
43.63A.715
43.63A.725 Prostitution prevention and intervention
grants—Eligibility. (1) Applications for funding under this
chapter must:
(a) Meet the criteria in RCW 43.63A.720; and
(b) Contain evidence of active participation of the
community and its commitment to providing effective
prevention and intervention services for prostitutes through
the participation of local governments, tribal governments,
networks under chapter 70.190 RCW, human service and
health organizations, and treatment entities and through
meaningful involvement of others, including citizen groups.
(2) Local governments, networks under chapter 70.190
RCW, nonprofit community groups, and nonprofit treatment
providers including organizations that provide services, such
as emergency housing, counseling, and crisis intervention
shall, among others, be eligible for grants established under
RCW 43.63A.720. [1995 c 353 § 8.]
43.63A.730 Prostitution prevention and intervention
grants—Applications, contents. At a minimum, grant
applications must include the following:
(1) The proposed geographic service area;
(2) A description of the extent and effect of the needs
for prostitution prevention and intervention within the
relevant geographic area;
(3) An explanation of how the funds will be used, their
relationship to existing services available within the community, and the need that they will fulfill;
(4) An explanation of what organizations were involved
in the development of the proposal; and
(5) The methods that will be employed to measure the
success of the program. [1995 c 353 § 9.]
43.63A.735 Prostitution prevention and intervention
grants—Award and use. (1) Subject to funds appropriated
by the legislature, including funds in the prostitution prevention and intervention account, the department of community,
trade, and economic development shall make awards under
the grant program established by RCW 43.63A.720.
(2) Awards shall be made competitively based on the
purposes of and criteria in RCW 43.63A.720 through
43.63A.730.
(3) Activities funded under this section may be considered for funding in future years, but shall be considered
under the same terms and criteria as new activities. Funding
of a program or activity under this chapter shall not constitute an obligation by the state of Washington to provide
ongoing funding.
(4) The department of community, trade, and economic
development may receive such gifts, grants, and endowments
from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the
purposes of the grant program established under RCW
43.63A.720 and expend the same or any income from these
sources according to the terms of the gifts, grants, or
endowments.
(5) The department of community, trade, and economic
development may expend up to five percent of the funds
appropriated for the grant program for administrative costs
and grant supervision. [1995 c 353 § 10.]
[Title 43 RCW—page 299]
43.63A.740
Title 43 RCW: State Government—Executive
43.63A.740 Prostitution prevention and intervention
account. The prostitution prevention and intervention
account is created in the state treasury. All designated
receipts from fees under RCW 9.68A.105 and 9A.88.120
shall be deposited into the account. Expenditures from the
account may be used only for funding the grant program to
enhance prostitution prevention and intervention services
under RCW 43.63A.720. [1995 c 353 § 11.]
grantee is found to be out of compliance with provisions of
the contract, the grantee shall repay to the state general fund
the principal amount of the grant plus interest calculated at
the rate of interest on state of Washington general obligation
bonds issued most closely to the date of authorization of the
grant. [1999 c 295 § 1.]
43.63A.750 Performing arts, art museums, cultural
facilities—Competitive grant program for nonprofit
organizations. (Expires June 30, 2007.) (1) A competitive
grant program to assist nonprofit organizations in acquiring,
constructing, or rehabilitating performing arts, art museums,
and cultural facilities is created.
(2)(a) The department shall submit a list of recommended performing arts, art museum projects, and cultural
organization projects eligible for funding to the governor and
the legislature in the department’s biennial capital budget
request beginning with the 2001-2003 biennium and thereafter. The list, in priority order, shall include a description of
each project, the amount of recommended state funding, and
documentation of nonstate funds to be used for the project.
The total amount of recommended state funding for projects
on a biennial project list shall not exceed four million
dollars. The department may provide an additional alternate
project list which shall not exceed five hundred thousand
dollars.
(b) The department shall establish a competitive process
to prioritize applications for state assistance as follows:
(i) The department shall conduct a statewide solicitation
of project applications from nonprofit organizations, local
governments, and other entities, as determined by the
department. The department shall evaluate and rank applications in consultation with a citizen advisory committee,
including a representative from the state arts commission,
using objective criteria. The evaluation and ranking process
shall also consider local community support for projects and
an examination of existing assets that applicants may apply
to projects.
(ii) The department may establish the amount of state
grant assistance for individual project applications but the
amount shall not exceed twenty percent of the estimated total
capital cost or actual cost of a project, whichever is less.
The remaining portions of the project capital cost shall be a
match from nonstate sources. The nonstate match may
include cash, the value of real property when acquired solely
for the purpose of the project, and in-kind contributions.
The department is authorized to set matching requirements
for individual projects. State assistance may be used to fund
separate definable phases of a project if the project demonstrates adequate progress and has secured the necessary
match funding.
(iii) The department shall not sign contracts or otherwise
financially obligate funds under this section until the
legislature has approved a specific list of projects. In
contracts for grants authorized under this section, the
department shall include provisions requiring that capital
improvements be held by the grantee for a specified period
of time appropriate to the amount of the grant and that
facilities be used for the express purpose of the grant. If the
43.63A.900 Severability—1967 c 74. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances is not affected. [1967 c 74 § 16.]
[Title 43 RCW—page 300]
Expiration date—1999 c 295: "Section 1 of this act, RCW
27.34.330, and 43.63A.125 shall expire June 30, 2007." [1999 c 295 § 4.]
43.63A.901 Severability—1984 c 125. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 125 § 23.]
43.63A.902 Headings—1984 c 125. Headings as used
in this act constitute no part of the law. [1984 c 125 § 24.]
43.63A.903 Effective date—1984 c 125. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect June 30,
1984. [1984 c 125 § 25.]
Chapter 43.63B
MOBILE AND MANUFACTURED
HOME INSTALLATION
Sections
43.63B.005
43.63B.010
43.63B.020
43.63B.030
43.63B.035
43.63B.040
43.63B.050
43.63B.060
43.63B.070
43.63B.080
43.63B.090
43.63B.100
43.63B.110
43.63B.120
43.63B.130
43.63B.140
43.63B.150
43.63B.160
43.63B.170
43.63B.800
43.63B.900
43.63B.901
Purpose.
Definitions.
Installer certification—Application—Training.
Installer certification—Training course—Examination.
Installer certification—Alternative to department training
course—Rules.
Installer certification—Issuance of certificate—Renewal—
Suspension of license or certificate for noncompliance
with support order.
Installer certification—Revocation.
Local government installation application and permit requirements.
Fees—Certification program.
Manufactured home installation training account.
Certified installer required on-site—Infraction—Exceptions.
Certified installer required on-site—Infraction—Notice.
Violations—Investigations—Inspections.
Violations—Separate infraction for each day, each worksite.
Violation—Use of uncertified installer.
Notice of infraction.
Infractions adjudicated under administrative procedure act.
Notice as determination.
Penalty.
Rule adoption—Enforcement.
Severability—1994 c 284.
Effective date—1994 c 284.
43.63B.005 Purpose. The purpose of this chapter is
to ensure that all mobile and manufactured homes are
installed by a certified manufactured home installer in
(2002 Ed.)
Mobile and Manufactured Home Installation
accordance with the state installation code, chapter 296-150B
WAC, in order to provide greater protections to consumers
and make the warranty requirement of *RCW 46.70.134
easier to achieve. [1994 c 284 § 14.]
*Reviser’s note: The reference in 1994 c 284 § 14 to "section 2 of
this act" was erroneous. Section 10 of that act, codified as RCW 46.70.134,
was apparently intended.
Dispute mediation: RCW 46.70.136.
43.63B.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Authorized representative" means an employee of
a state agency, city, or county acting on behalf of the
department.
(2) "Certified manufactured home installer" means a
person who is in the business of installing mobile or manufactured homes and who has been issued a certificate by the
department as provided in this chapter.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Director" means the director of community, trade,
and economic development.
(5) "Manufactured home" means a single-family
dwelling built in accordance with the department of housing
and urban development manufactured home construction and
safety standards act, which is a national, preemptive building
code.
(6) "Mobile or manufactured home installation" means
all on-site work necessary for the installation of a manufactured home, including:
(a) Construction of the foundation system;
(b) Installation of the support piers and earthquake
resistant bracing system;
(c) Required connection to foundation system and
support piers;
(d) Skirting;
(e) Connections to the on-site water and sewer systems
that are necessary for the normal operation of the home; and
(f) Extension of the pressure relief valve for the water
heater.
(7) "Manufactured home standards" means the manufactured home construction and safety standards as promulgated
by the United States department of housing and urban
development (HUD).
(8) "Mobile home" means a factory-built dwelling built
prior to June 15, 1976, to standards other than the HUD
code, and acceptable under applicable state codes in effect
at the time of construction or introduction of the home into
the state. Mobile homes have not been built since introduction of the HUD manufactured home construction and safety
standards act.
(9) "Training course" means the education program
administered by the department, or the education course
administered by an approved educational provider, as a
prerequisite to taking the examination for certification.
(10) "Approved educational provider" means an organization approved by the department to provide education and
training of manufactured home installers and local inspectors. [1998 c 124 § 6; 1994 c 284 § 15.]
(2002 Ed.)
43.63B.005
43.63B.020 Installer certification—Application—
Training. A person desiring to be issued a certificate of
manufactured home installation as provided in this chapter
shall make application to the department, in such a form as
required by the department.
Upon receipt of the application and evidence required in
this chapter, the director shall review the information and
make a determination as to whether the applicant is eligible
to take the training course and examination for the certificate
of manufactured home installation. An applicant must
furnish written evidence of six months of experience under
the direct supervision of a certified manufactured home
installer, or other equivalent experience, in order to be
eligible to take the training course and examination. The
director shall establish reasonable rules for the training
course and examinations to be given to applicants for
certificates of manufactured home installation. Upon
determining that the applicant is eligible to take the training
course and examination, the director shall notify the applicant, indicating the time and place for taking the training
course and examination.
The requirement that an applicant must be under the
direct supervision of a certified manufactured home installer
for six months only applies to applications made on or after
July 1, 1996. For applications made before July 1, 1996, the
department shall require evidence of experience to satisfy
this requirement.
The director may allow other persons to take the
training course and examination on manufactured home
installation, without certification. [1994 c 284 § 17.]
43.63B.030 Installer certification—Training
course—Examination. The department shall prepare a
written training course and examination to be administered
to applicants for manufactured home installer certification.
The examination shall be constructed to determine whether
the applicant:
(1) Possesses general knowledge of the technical
information and practical procedures that are necessary for
manufactured home installation;
(2) Is familiar with the federal and state codes and
administrative rules pertaining to manufactured homes; and
(3) Is familiar with the local government regulations as
related to manufactured home installations.
The department shall certify the results of the examination and shall notify the applicant in writing whether the
applicant has passed or failed the examination. An applicant
who failed the examination may retake the training course
and examination. The director may not limit the number of
times that a person may take the training course and examination. [1994 c 284 § 18.]
43.63B.035 Installer certification—Alternative to
department training course—Rules. The department shall
adopt rules to establish and administer a process of approving educational providers as an alternative to the department
training course for installers and local inspectors. [1998 c
124 § 7.]
43.63B.040 Installer certification—Issuance of
certificate—Renewal—Suspension of license or certificate
[Title 43 RCW—page 301]
43.63B.040
Title 43 RCW: State Government—Executive
for noncompliance with support order. (1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course,
passed the examination, paid the fees, and in all other
respects meets the qualifications. The certificate shall bear
the date of issuance, a certification identification number,
and is renewable every three years upon application and
completion of a continuing education program as determined
by the department. A renewal fee shall be assessed for each
certificate. If a person fails to renew a certificate by the
renewal date, the person must retake the examination and
pay the examination fee.
(2) The certificate of manufactured home installation
provided for in this chapter grants the holder the right to
engage in manufactured home installation throughout the
state, without any other installer certification.
(3) The department shall immediately suspend the
license or certificate of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order. If
the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
or certificate shall be automatic upon the department’s
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [1997 c 58 § 874; 1994 c 284 § 19.]
permit shall state either the name and registration number of
the contractor or licensed manufactured home dealer or the
certification identification number of the certified manufactured home installer supervising such installation. A local
government may not issue final approval for the installation
of a manufactured home unless the certified installer or the
installer’s agent has posted at the set-up site the manufactured home installer’s certification number and has identified
the work being performed on the manufactured home
installation on a form prescribed by the department. [1998
c 124 § 8; 1994 c 284 § 20.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.63B.080 Manufactured home installation training
account. The manufactured home installation training
account is created in the state treasury. All receipts collected under this chapter and any legislative appropriations
for manufactured home installation training shall be deposited into the account. Moneys in the account may only be
spent after appropriation. Expenditures from the account
may only be used for the purposes of this chapter. Unexpended and unencumbered moneys that remain in the
account at the end of the fiscal year do not revert to the state
general fund but remain in the account, separately accounted
for, as a contingency reserve. [1994 c 284 § 23.]
43.63B.050 Installer certification—Revocation. (1)
The department may revoke a certificate of manufactured
home installation upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder of the certificate is judged to be incompetent as a result of multiple infractions of the state installation code, WAC 296-150B-200 through 296-150B-255; or
(c) The holder has violated a provision of this chapter
or a rule adopted to implement this chapter.
(2) Before a certificate of manufactured home installation is revoked, the holder must be given written notice of
the department’s intention to revoke the certificate, sent by
registered mail, return receipt requested, to the holder’s last
known address. The notice shall enumerate the allegations
against the holder, and shall give the holder the opportunity
to request a hearing. At the hearing, the department and the
holder may produce witnesses and give testimony. The
hearing shall be conducted in accordance with the provisions
of chapter 34.05 RCW. [1994 c 284 § 21.]
43.63B.060 Local government installation application and permit requirements. Any local government
mobile or manufactured home installation application and
[Title 43 RCW—page 302]
43.63B.070 Fees—Certification program. The
department shall charge reasonable fees to cover the costs to
administer the certification program which shall include but
not be limited to the issuance, renewal, and reinstatement of
all certificates, training courses, and examinations required
under this chapter. All fees collected under this chapter
shall be deposited in the manufactured home installation
training account created in RCW 43.63B.080 and used only
for the purposes specified in this chapter.
The fees shall be limited to covering the direct cost of
issuing the certificates, administering the examinations, and
administering and enforcing this chapter. The costs shall
include only essential travel, per diem, and administrative
support costs. [1994 c 284 § 22.]
43.63B.090 Certified installer required on-site—
Infraction—Exceptions. After July 1, 1995, a mobile or
manufactured home may not be installed without a certified
manufactured home installer providing on-site supervision
whenever installation work is being performed. The certified
manufactured home installer is responsible for the reading,
understanding, and following [of] the manufacturer’s
installation instructions and performance of noncertified
workers engaged in the installation of the home. There shall
be at least one certified manufactured home installer on the
installation site whenever installation work is being performed.
A manufactured home installer certification shall not be
required for:
(1) Site preparation;
(2) Sewer and water connections outside of the building
site;
(3) Specialty trades that are responsible for constructing
accessory structures such as garages, carports, and decks;
(4) Pouring concrete into forms;
(5) Painting and dry wall finishing;
(2002 Ed.)
Mobile and Manufactured Home Installation
(6) Carpet installation;
(7) Specialty work performed within the scope of their
license by licensed plumbers or electricians. This provision
does not waive or lessen any state regulations related to
licensing or permits required for electricians or plumbers;
(8) A mobile or manufactured home owner performing
installation work on their own home; and
(9) A manufacturer’s mobile home installation crew
installing a mobile or manufactured home sold by the
manufacturer except for the on-site supervisor.
Violation of this section is an infraction. [1994 c 284
§ 16.]
43.63B.100 Certified installer required on-site—
Infraction—Notice. An authorized representative of the
department may issue a notice of infraction if the person
supervising the manufactured home installation work fails to
produce evidence of having a certificate issued by the
department in accordance with this chapter. A notice of
infraction issued under this chapter shall be personally
served on or sent by certified mail to the person named in
the notice by the authorized representative. [1994 c 284 §
25.]
43.63B.110 Violations—Investigations—Inspections.
An authorized representative may investigate alleged or
apparent violations of this chapter. Upon presentation of
credentials, an authorized representative, including a local
government building official, may inspect sites at which
manufactured home installation work is undertaken to determine whether such work is being done under the supervision
of a certified manufactured home installer. Upon request of
the authorized representative, a person performing manufactured home installation work shall identify the person
holding the certificate issued by the department in accordance with this chapter. [1994 c 284 § 24.]
43.63B.120 Violations—Separate infraction for each
day, each worksite. Each day in which a person engages in
the installation of manufactured homes in violation of this
chapter is a separate infraction. Each worksite at which a
person engages in the trade of manufactured home installation in violation of this chapter is a separate infraction.
[1994 c 284 § 27.]
43.63B.130 Violation—Use of uncertified installer.
It is a violation of this chapter for any contractor, manufactured home dealer, manufacturer, or home dealer’s or
manufacturer’s agent to engage any person to install a
manufactured home who is not certified in accordance with
this chapter. [1994 c 284 § 28.]
43.63B.140 Notice of infraction. (1) The department
shall prescribe the form of the notice of infraction issued
under this chapter.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination that the infraction has been committed by the person
named in the notice and that the determination is final unless
contested as provided in this chapter;
(2002 Ed.)
43.63B.090
(b) A statement that the infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction;
(c) A statement of the specific infraction for which the
notice was issued;
(d) A statement of a monetary penalty that has been
established for the infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that, at a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and
that the person may subpoena witnesses including the
authorized representative who issued and served the notice
of the infraction;
(g) A statement, that the person shall sign, that the
person promises to respond to the notice of infraction in one
of the ways provided in this chapter;
(h) A statement that refusal to sign the infraction as
directed in (g) of this subsection is a misdemeanor; and
(i) A statement that failure to respond to a notice of
infraction as promised is a misdemeanor and may be
punished by a fine or imprisonment in jail. [1994 c 284 §
26.]
43.63B.150 Infractions adjudicated under administrative procedure act. All violations designated as an
infraction shall be adjudicated in accordance with the
administrative procedure act, chapter 34.05 RCW. [1994 c
284 § 29.]
43.63B.160 Notice as determination. Unless contested in accordance with this chapter, the notice of infraction
represents a determination that the person to whom the
notice was issued committed the infraction. [1994 c 284 §
30.]
43.63B.170 Penalty. (1) A person found to have
committed an infraction under this chapter shall be assessed
a monetary penalty of one thousand dollars.
(2) The administrative law judge may waive, reduce, or
suspend the monetary penalty imposed for the infraction.
(3) Monetary penalties collected under this chapter shall
be remitted as provided in chapter 3.62 RCW. [1994 c 284
§ 31.]
43.63B.800 Rule adoption—Enforcement. The
director may adopt rules in accordance with chapter 34.05
RCW, make specific decisions, orders, and rulings, include
demands and findings within the decisions, orders, and
rulings, and take other necessary action for the implementation and enforcement of duties under this chapter. [1994 c
284 § 32.]
43.63B.900 Severability—1994 c 284. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1994 c 284 § 34.]
[Title 43 RCW—page 303]
43.63B.901
Title 43 RCW: State Government—Executive
43.63B.901 Effective date—1994 c 284. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 1, 1994]. [1994 c 284 § 35.]
Chapter 43.70
DEPARTMENT OF HEALTH
43.70.240
43.70.250
43.70.260
43.70.270
43.70.280
43.70.290
43.70.300
Sections
43.70.005
43.70.010
43.70.020
43.70.030
43.70.040
43.70.045
43.70.047
43.70.050
43.70.052
43.70.054
43.70.060
43.70.064
43.70.066
43.70.068
43.70.070
43.70.075
43.70.080
43.70.090
43.70.095
43.70.097
43.70.100
43.70.110
43.70.115
43.70.120
43.70.130
43.70.140
43.70.150
43.70.160
43.70.170
43.70.180
43.70.185
43.70.190
43.70.195
43.70.200
43.70.210
43.70.220
43.70.230
43.70.235
Intent.
Definitions.
Department created.
Secretary of health.
Secretary’s powers—Rule-making authority.
Warren Featherstone Reid Award for Excellence in Health
Care.
Warren Featherstone Reid Award for Excellence in Health
Care.
Collection, utilization, and accessibility of health-related
data.
Hospital discharge data—Financial reports—Data retrieval—
American Indian health data.
Health care data standards—Submittal of standards to legislature.
Duties of department—Promotion of health care cost-effectiveness.
Health care quality—Findings and intent—Requirements for
conducting study under RCW 43.70.066.
Study—Uniform quality assurance and improvement program—Reports to legislature—Limitation on rule making.
Quality assurance—Interagency cooperation.
Duties of department—Analysis of health services.
Identity of whistleblower protected—Remedy for retaliatory
action—Definitions—Rules.
Transfer of powers and duties from the department of social
and health services.
Authority to administer oaths and issue subpoenas—
Provisions governing subpoenas.
Civil fines.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Reports of violations by secretary—Duty to institute proceedings—Notice to alleged violator.
License fees—Exemption—Waiver.
Licenses—Denial, suspension, revocation, modification.
Federal programs—Rules—Statutes to be construed to meet
federal law.
Powers and duties of secretary—General.
Annual conference of health officers.
Registration of vital statistics.
Duties of registrar.
Threat to public health—Investigation, examination or sampling of articles or conditions constituting—Access—
Subpoena power.
Threat to public health—Order prohibiting sale or disposition of food or other items pending investigation.
Inspection of property where marine species located—
Prohibitions on harvest or landing—Penalties.
Violations—Injunctions and legal proceedings authorized.
Public water systems—Receivership actions brought by
secretary—Plan for disposition.
Enforcement of health laws and state or local rules and
regulations upon request of local health officer.
Right of person to rely on prayer to alleviate ailments not
abridged.
Transfer of powers and duties from the department of licensing.
Office of health consumer assistance created—Duties.
Health care disputes—Certifying independent review organizations—Application—Restrictions—Rules.
[Title 43 RCW—page 304]
43.70.310
43.70.320
43.70.325
43.70.327
43.70.334
43.70.335
43.70.337
43.70.340
43.70.400
43.70.410
43.70.420
43.70.430
43.70.440
43.70.450
43.70.460
43.70.470
43.70.480
43.70.500
43.70.510
43.70.520
43.70.525
43.70.530
43.70.540
43.70.545
43.70.550
43.70.555
43.70.560
43.70.570
43.70.575
43.70.580
43.70.590
43.70.600
43.70.605
43.70.610
43.70.620
43.70.630
43.70.640
43.70.650
43.70.660
43.70.900
Written operating agreements.
License fees for professions, occupations, and businesses.
Appointment of temporary additional members of boards
and committees for administration and grading of examinations.
License moratorium for persons in the service.
Procedure for issuance, renewal, or reissuance of credentials—Extension or modification of licensing, certification, or registration period authorized.
Funeral directors and embalmers subject to chapter 18.130
RCW.
Secretary or secretary’s designee ex officio member of
health professional licensure and disciplinary boards.
Cooperation with department of ecology.
Health professions account—Fees credited—Requirements
for biennial budget request.
Rural health access account.
Public health supplemental account—Annual statement.
Temporary worker housing—Definition.
Temporary worker housing operating license—Fee—
Display—Suspension or revocation—Fines—Refunds—
Rules—Application of department of labor and industries standards.
Temporary worker housing building permit—Plans and
specifications—Fees—Rules.
Temporary worker housing inspection fund—Fees on temporary worker housing operating licenses and building
permits—Licenses generally.
Head injury prevention—Legislative finding.
Head injury prevention—Program, generally.
Head injury prevention—Information preparation.
Head injury prevention—Guidelines on training and education—Training of emergency medical personnel.
Head injury prevention act—Short title—1990 c 270.
Senior environmental corps—Department powers and duties.
Retired primary care provider liability malpractice insurance—Program authorized.
Retired primary care provider liability malpractice insurance—Conditions.
Emergency medical personnel—Futile treatment and natural
death directives—Guidelines.
Health care services practice indicators and risk management
protocols.
Health care services coordinated quality improvement program—Rules.
Public health services improvement plan.
Immunization assessment and enhancement proposals by
local jurisdictions.
Home visitor program.
Data collection—Legislative finding and intent.
Data collection and reporting rules.
Public health services improvement plan—Contents.
Assessment standards.
Media violence—Reporting reduction efforts.
Intent—1995 c 43.
Definitions.
Public health improvement plan—Funds—Performancebased contracts—Rules—Evaluation and report.
American Indian health care delivery plan.
Survey regarding exposure to radio frequencies—Results.
Personal wireless services—Random testing on power density analysis—Rules.
Domestic violence education program—Established—
Findings.
List of contacts—Health care professions.
Cost-reimbursement agreements for complex projects.
Workplace breastfeeding policies—Infant-friendly designation.
School sealant endorsement program—Rules—Fee—Report
to the legislature.
Product safety education.
References to the secretary or department of social and
health services—1989 1st ex.s. c 9.
(2002 Ed.)
Department of Health
43.70.901
References to the director or department of licensing—1989
1st ex.s. c 9.
43.70.902 References to the hospital commission—1989 1st ex.s. c 9.
43.70.910 Effective date—1989 1st ex.s. c 9.
43.70.920 Severability—1989 1st ex.s. c 9.
Health, board of: Chapter 43.20 RCW.
Immunization program, departmental participation: RCW 28A.210.060
through 28A.210.170.
Interagency agreement on fetal alcohol exposure programs: RCW
70.96A.510.
Pesticide advisory board, departmental representation: RCW 17.21.230.
Visual and auditory screening of pupils, data transferred to secretary:
RCW 28A.210.030.
43.70.005 Intent. The legislature finds and declares
that it is of importance to the people of Washington state to
live in a healthy environment and to expect a minimum
standard of quality in health care. The legislature further
finds that the social and economic vitality of the state
depend[s] on a healthy and productive population. The
legislature further declares where it is a duty of the state to
assure a healthy environment and minimum standards of
quality in health care facilities and among health care professionals, the ultimate responsibility for a healthy society lies
with the citizens themselves.
For these reasons, the legislature recognizes the need for
a strong, clear focus on health issues in state government
and among state health agencies to give expression to the
needs of individual citizens and local communities as they
seek to preserve the public health. It is the intent of the
legislature to form such focus by creating a single department in state government with the primary responsibilities
for the preservation of public health, monitoring health care
costs, the maintenance of minimal standards for quality in
health care delivery, and the general oversight and planning
for all the state’s activities as they relate to the health of its
citizenry.
Further, it is the intent of the legislature to improve
illness and injury prevention and health promotion, and
restore the confidence of the citizenry in the expenditure of
public funds on health activities, and to ensure that this new
health agency delivers quality health services in an efficient,
effective, and economical manner that is faithful and
responsive to policies established by the legislature. [1989
1st ex.s. c 9 § 101.]
43.70.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Assessment" means the regular collection, analysis,
and sharing of information about health conditions, risks, and
resources in a community. Assessment activities identify
trends in illness, injury, and death and the factors that may
cause these events. They also identify environmental risk
factors, community concerns, community health resources,
and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and
other investigations and evaluations of health emergencies
and specific ongoing health problems;
(2) "Board" means the state board of health;
(3) "Department" means the department of health;
(4) "Policy development" means the establishment of
social norms, organizational guidelines, operational proce(2002 Ed.)
Chapter 43.70
dures, rules, ordinances, or statutes that promote health or
prevent injury, illness, or death; and
(5) "Secretary" means the secretary of health. [1995 c
269 § 2201; 1994 sp.s. c 7 § 206; 1989 1st ex.s. c 9 § 102.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.70.020 Department created. (1) There is hereby
created a department of state government to be known as the
department of health. The department shall be vested with
all powers and duties transferred to it by chapter 9, Laws of
1989 1st ex. sess. and such other powers and duties as may
be authorized by law. The main administrative office of the
department shall be located in the city of Olympia. The
secretary may establish administrative facilities in other
locations, if deemed necessary for the efficient operation of
the department, and if consistent with the principles set forth
in subsection (2) of this section.
(2) The department of health shall be organized consistent with the goals of providing state government with a
focus in health and serving the people of this state. The
legislature recognizes that the secretary needs sufficient
organizational flexibility to carry out the department’s
various duties. To the extent practical, the secretary shall
consider the following organizational principles:
(a) Clear lines of authority which avoid functional
duplication within and between subelements of the department;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the
legislature, the consumer, and the general public;
(c) Maximum span of control without jeopardizing
adequate supervision;
(d) A substate or regional organizational structure for
the department’s health service delivery programs and
activities that encourages joint working agreements with
local health departments and that is consistent between programs;
(e) Decentralized authority and responsibility, with clear
accountability;
(f) A single point of access for persons receiving like
services from the department which would limit the number
of referrals between divisions.
(3) The department shall provide leadership and coordination in identifying and resolving threats to the public
health by:
(a) Working with local health departments and local
governments to strengthen the state and local governmental
partnership in providing public protection;
(b) Developing intervention strategies;
(c) Providing expert advice to the executive and
legislative branches of state government;
(d) Providing active and fair enforcement of rules;
(e) Working with other federal, state, and local agencies
and facilitating their involvement in planning and implementing health preservation measures;
(f) Providing information to the public; and
(g) Carrying out such other related actions as may be
appropriate to this purpose.
[Title 43 RCW—page 305]
43.70.020
Title 43 RCW: State Government—Executive
(4) In accordance with the administrative procedure act,
chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment by the
department’s clients before the adoption of standards,
guidelines, and rules.
(5) Consistent with the principles set forth in subsection
(2) of this section, the secretary may create such administrative divisions, offices, bureaus, and programs within the
department as the secretary deems necessary. The secretary
shall have complete charge of and supervisory powers over
the department, except where the secretary’s authority is specifically limited by law.
(6) The secretary shall appoint such personnel as are
necessary to carry out the duties of the department in
accordance with chapter 41.06 RCW.
(7) The secretary shall appoint the state health officer
and such deputy secretaries, assistant secretaries, and other
administrative positions as deemed necessary consistent with
the principles set forth in subsection (2) of this section. All
persons who administer the necessary divisions, offices,
bureaus, and programs, and five additional employees shall
be exempt from the provisions of chapter 41.06 RCW. The
officers and employees appointed under this subsection shall
be paid salaries to be fixed by the governor in accordance
with the procedure established by law for the fixing of
salaries for officers exempt from the state civil service law.
(8) The secretary shall administer family services and
programs to promote the state’s policy as provided in RCW
74.14A.025. [1992 c 198 § 8; 1989 1st ex.s. c 9 § 103.]
Severability—Effective date—1992 c 198: See RCW 70.190.910
and 70.190.920.
43.70.030 Secretary of health. The executive head
and appointing authority of the department shall be the
secretary of health. The secretary shall be appointed by, and
serve at the pleasure of, the governor in accordance with
RCW 43.17.020. The secretary shall be paid a salary to be
fixed by the governor in accordance with RCW 43.03.040.
[1989 1st ex.s. c 9 § 104.]
43.70.040 Secretary’s powers—Rule-making
authority. In addition to any other powers granted the
secretary, the secretary may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules
necessary to carry out the provisions of chapter 9, Laws of
1989 1st ex. sess.: PROVIDED, That for rules adopted after
July 23, 1995, the secretary may not rely solely on a section
of law stating a statute’s intent or purpose, on the enabling
provisions of the statute establishing the agency, or on any
combination of such provisions, for statutory authority to
adopt any rule;
(2) Appoint such advisory committees as may be
necessary to carry out the provisions of chapter 9, Laws of
1989 1st ex. sess. Members of such advisory committees
are authorized to receive travel expenses in accordance with
RCW 43.03.050 and 43.03.060. The secretary and the board
of health shall review each advisory committee within their
jurisdiction and each statutory advisory committee on a
biennial basis to determine if such advisory committee is
needed;
[Title 43 RCW—page 306]
(3) Undertake studies, research, and analysis necessary
to carry out the provisions of chapter 9, Laws of 1989 1st
ex. sess. in accordance with RCW 43.70.050;
(4) Delegate powers, duties, and functions of the
department to employees of the department as the secretary
deems necessary to carry out the provisions of chapter 9,
Laws of 1989 1st ex. sess.;
(5) Enter into contracts on behalf of the department to
carry out the purposes of chapter 9, Laws of 1989 1st ex.
sess.;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of
chapter 9, Laws of 1989 1st ex. sess.; or
(7) Solicit and accept gifts, grants, bequests, devises, or
other funds from public and private sources. [2001 c 80 §
2; 1995 c 403 § 105; 1989 1st ex.s. c 9 § 106.]
Findings—Intent—2001 c 80: "(1) The legislature finds that
developing, creating, and maintaining partnerships between the public and
private sectors can enhance and augment current public health services. The
legislature further finds that the department of health should have the ability
to establish such partnerships, and seek out and accept gifts, grants, and
other funding to advance worthy public health goals and programs.
(2) It is the intent of the legislature that gifts and other funds received
by the department of health under the authority granted by RCW 43.70.040
may be used to expand or enhance program operations so long as program
standards established by the department are maintained, but may not
supplant or replace funds for federal, state, county, or city-supported
programs." [2001 c 80 § 1.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.70.045 Warren Featherstone Reid Award for
Excellence in Health Care. There is created an award to
honor and recognize cost-effective and quality health care
services. This award shall be known as the "Warren
Featherstone Reid Award for Excellence in Health Care."
[1994 c 7 § 2.]
Finding—1994 c 7: "The legislature recognizes the critical importance of ensuring that all Washington residents have access to quality and
affordable health care. The legislature further recognizes that substantial
improvements can be made in health care delivery when providers,
including health care facilities, are encouraged to continuously strive for
excellence in quality management practices, value, and consumer satisfaction. The legislature finds that when centers of quality are highlighted and
honored publicly they become examples for other health care providers to
emulate, thereby further promoting the implementation of improved health
care delivery processes." [1994 c 7 § 1.]
43.70.047 Warren Featherstone Reid Award for
Excellence in Health Care. The governor, in conjunction
with the secretary of health, shall identify and honor health
care providers and facilities in Washington state who exhibit
exceptional quality and value in the delivery of health
services. The award shall be given annually consistent with
the availability of qualified nominees. The secretary may
appoint an advisory committee to assist in the selection of
nominees, if necessary. [1994 c 7 § 3.]
43.70.050 Collection, utilization, and accessibility of
health-related data. (1) The legislature intends that the
department, board, and *council promote and assess the
quality, cost, and accessibility of health care throughout the
state as their roles are specified in chapter 9, Laws of 1989
(2002 Ed.)
Department of Health
1st ex. sess. in accordance with the provisions of this chapter. In furtherance of this goal, the secretary shall create an
ongoing program of data collection, storage, assessability,
and review. The legislature does not intend that the department conduct or contract for the conduct of basic research
activity. The secretary may request appropriations for
studies according to this section from the legislature, the
federal government, or private sources.
(2) All state agencies which collect or have access to
population-based, health-related data are directed to allow the
secretary access to such data. This includes, but is not
limited to, data on needed health services, facilities, and
personnel; future health issues; emerging bioethical issues;
health promotion; recommendations from state and national
organizations and associations; and programmatic and
statutory changes needed to address emerging health needs.
Private entities, such as insurance companies, health maintenance organizations, and private purchasers are also encouraged to give the secretary access to such data in their
possession. The secretary’s access to and use of all data
shall be in accordance with state and federal confidentiality
laws and ethical guidelines. Such data in any form where
the patient or provider of health care can be identified shall
not be disclosed, subject to disclosure according to chapter
42.17 RCW, discoverable or admissible in judicial or
administrative proceedings. Such data can be used in
proceedings in which the use of the data is clearly relevant
and necessary and both the department and the patient or
provider are parties.
(3) The department shall serve as the clearinghouse for
information concerning innovations in the delivery of health
care services, the enhancement of competition in the health
care marketplace, and federal and state information affecting
health care costs.
(4) The secretary shall review any data collected,
pursuant to this chapter, to:
(a) Identify high-priority health issues that require study
or evaluation. Such issues may include, but are not limited
to:
(i) Identification of variations of health practice which
indicate a lack of consensus of appropriateness;
(ii) Evaluation of outcomes of health care interventions
to assess their benefit to the people of the state;
(iii) Evaluation of specific population groups to identify
needed changes in health practices and services;
(iv) Evaluation of the risks and benefits of various
incentives aimed at individuals and providers for both
preventing illnesses and improving health services;
(v) Identification and evaluation of bioethical issues
affecting the people of the state; and
(vi) Other such objectives as may be appropriate;
(b) Further identify a list of high-priority health study
issues for consideration by the board or *council, within
their authority, for inclusion in the state health report
required by RCW 43.20.050. The list shall specify the
objectives of each study, a study timeline, the specific
improvements in the health status of the citizens expected as
a result of the study, and the estimated cost of the study; and
(c) Provide background for the state health report
required by RCW 43.20.050.
(5) Any data, research, or findings may also be made
available to the general public, including health professions,
(2002 Ed.)
43.70.050
health associations, the governor, professional boards and
regulatory agencies and any person or group who has
allowed the secretary access to data.
(6) The secretary may charge a fee to persons requesting
copies of any data, research, or findings. The fee shall be
no more than necessary to cover the cost to the department
of providing the copy. [1989 1st ex.s. c 9 § 107.]
*Reviser’s note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204,
effective July 1, 1995.
43.70.052 Hospital discharge data—Financial
reports—Data retrieval—American Indian health data.
(1) To promote the public interest consistent with the purposes of chapter 492, Laws of 1993 as amended by chapter
267, Laws of 1995, the department shall continue to require
hospitals to submit hospital financial and patient discharge
information, which shall be collected, maintained, analyzed,
and disseminated by the department. The department shall,
if deemed cost-effective and efficient, contract with a private
entity for any or all parts of data collection. Data elements
shall be reported in conformance with a uniform reporting
system established by the department. This includes data
elements identifying each hospital’s revenues, expenses,
contractual allowances, charity care, bad debt, other income,
total units of inpatient and outpatient services, and other
financial information reasonably necessary to fulfill the purposes of this section. Data elements relating to use of
hospital services by patients shall be the same as those
currently compiled by hospitals through inpatient discharge
abstracts. The department shall encourage and permit reporting by electronic transmission or hard copy as is practical
and economical to reporters.
(2) In identifying financial reporting requirements, the
department may require both annual reports and condensed
quarterly reports from hospitals, so as to achieve both
accuracy and timeliness in reporting, but shall craft such
requirements with due regard of the data reporting burdens
of hospitals.
(3) The health care data collected, maintained, and
studied by the department shall only be available for
retrieval in original or processed form to public and private
requestors and shall be available within a reasonable period
of time after the date of request. The cost of retrieving data
for state officials and agencies shall be funded through the
state general appropriation. The cost of retrieving data for
individuals and organizations engaged in research or private
use of data or studies shall be funded by a fee schedule
developed by the department that reflects the direct cost of
retrieving the data or study in the requested form.
(4) The department shall, in consultation and collaboration with the federally recognized tribes, urban or other
Indian health service organizations, and the federal area
Indian health service, design, develop, and maintain an
American Indian-specific health data, statistics information
system. The department rules regarding confidentiality shall
apply to safeguard the information from inappropriate use or
release.
(5) All persons subject to the data collection requirements of this section shall comply with departmental
requirements established by rule in the acquisition of data.
[1995 c 267 § 1.]
[Title 43 RCW—page 307]
43.70.052
Title 43 RCW: State Government—Executive
Captions not law—1995 c 267: "Captions as used in this act
constitute no part of the law." [1995 c 267 § 16.]
Severability—1995 c 267: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 267 § 17.]
Effective dates—1995 c 267: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995, except sections 8 through 11 of this act which shall take effect
immediately [May 8, 1995]." [1995 c 267 § 18.]
43.70.054 Health care data standards—Submittal of
standards to legislature. (1) To promote the public interest
consistent with chapter 267, Laws of 1995, the department
of health, in cooperation with the information services board
established under RCW 43.105.032, shall develop health care
data standards to be used by, and developed in collaboration
with, consumers, purchasers, health carriers, providers, and
state government as consistent with the intent of chapter 492,
Laws of 1993 as amended by chapter 267, Laws of 1995, to
promote the delivery of quality health services that improve
health outcomes for state residents. The data standards shall
include content, coding, confidentiality, and transmission
standards for all health care data elements necessary to
support the intent of this section, and to improve administrative efficiency and reduce cost. Purchasers, as allowed by
federal law, health carriers, health facilities and providers as
defined in chapter 48.43 RCW, and state government shall
utilize the data standards. The information and data elements shall be reported as the department of health directs
by rule in accordance with data standards developed under
this section.
(2) The health care data collected, maintained, and
studied by the department under this section or any other
entity: (a) Shall include a method of associating all information on health care costs and services with discrete cases; (b)
shall not contain any means of determining the personal
identity of any enrollee, provider, or facility; (c) shall only
be available for retrieval in original or processed form to
public and private requesters; (d) shall be available within a
reasonable period of time after the date of request; and (e)
shall give strong consideration to data standards that achieve
national uniformity.
(3) The cost of retrieving data for state officials and
agencies shall be funded through state general appropriation.
The cost of retrieving data for individuals and organizations
engaged in research or private use of data or studies shall be
funded by a fee schedule developed by the department that
reflects the direct cost of retrieving the data or study in the
requested form.
(4) All persons subject to this section shall comply with
departmental requirements established by rule in the acquisition of data, however, the department shall adopt no rule or
effect no policy implementing the provisions of this section
without an act of law.
(5) The department shall submit developed health care
data standards to the appropriate committees of the legislature by December 31, 1995. [1997 c 274 § 2; 1995 c 267 §
2.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
[Title 43 RCW—page 308]
43.70.060 Duties of department—Promotion of
health care cost-effectiveness. It is the intent of the
legislature to promote appropriate use of health care resources to maximize access to adequate health care services. The
legislature understands that the rapidly increasing costs of
health care are limiting access to care. To promote health
care cost-effectiveness, the department shall:
(1) Implement the certificate of need program;
(2) Monitor and evaluate health care costs;
(3) Evaluate health services and the utilization of
services for outcome and effectiveness; and
(4) Recommend strategies to encourage adequate and
cost-effective services and discourage ineffective services.
[1989 1st ex.s. c 9 § 108.]
43.70.064 Health care quality—Findings and
intent—Requirements for conducting study under RCW
43.70.066. The legislature finds that it is difficult for
consumers of health care services to determine the quality of
health care prior to purchase or utilization of medical care.
The legislature also finds that accountability is a key
component in promoting quality assurance and quality
improvement throughout the health care delivery system,
including public programs. Quality assurance and improvement standards are necessary to promote the public interest,
contribute to cost efficiencies, and improve the ability of
consumers to ascertain quality health care purchases.
The legislature intends to have consumers, health
carriers, health care providers and facilities, and public
agencies participate in the development of quality assurance
and improvement standards that can be used to develop a
uniform quality assurance program for use by all public and
private health plans, providers, and facilities. To that end,
in conducting the study required under RCW 43.70.066, the
department of health shall:
(1) Consider the needs of consumers, employers, health
care providers and facilities, and public and private health
plans;
(2) Take full advantage of existing national standards of
quality assurance to extend to middle-income populations the
protections required for state management of health programs
for low-income populations;
(3) Consider the appropriate minimum level of quality
assurance standards that should be disclosed to consumers
and employers by health care providers and facilities, and
public and private health plans; and
(4) Consider standards that permit health care providers
and facilities to share responsibility for participation in a
uniform quality assurance program. [1995 c 267 § 3.]
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.066 Study—Uniform quality assurance and
improvement program—Reports to legislature—
Limitation on rule making. (1) The department of health
shall study the feasibility of a uniform quality assurance and
improvement program for use by all public and private
health plans and health care providers and facilities. In this
study, the department shall consult with:
(a) Public and private purchasers of health care services;
(b) Health carriers;
(2002 Ed.)
Department of Health
(c) Health care providers and facilities; and
(d) Consumers of health services.
(2) In conducting the study, the department shall
propose standards that meet the needs of affected persons
and organizations, whether public or private, without creation
of differing levels of quality assurance. All consumers of
health services should be afforded the same level of quality
assurance.
(3) At a minimum, the study shall include but not be
limited to the following program components and indicators
appropriate for consumer disclosure:
(a) Health care provider training, credentialing, and
licensure standards;
(b) Health care facility credentialing and recredentialing;
(c) Staff ratios in health care facilities;
(d) Annual mortality and morbidity rates of cases based
on a defined set of procedures performed or diagnoses
treated in health care facilities, adjusted to fairly consider
variable factors such as patient demographics and case severity;
(e) The average total cost and average length of hospital
stay for a defined set of procedures and diagnoses;
(f) The total number of the defined set of procedures, by
specialty, performed by each physician at a health care
facility within the previous twelve months;
(g) Utilization performance profiles by provider, both
primary care and specialty care, that have been adjusted to
fairly consider variable factors such as patient demographics
and severity of case;
(h) Health plan fiscal performance standards;
(i) Health care provider and facility recordkeeping and
reporting standards;
(j) Health care utilization management that monitors
trends in health service underutilization, as well as
overutilization of services;
(k) Health monitoring that is responsive to consumer,
purchaser, and public health assessment needs; and
(l) Assessment of consumer satisfaction and disclosure
of consumer survey results.
(4) In conducting the study, the department shall
develop standards that permit each health care facility,
provider group, or health carrier to assume responsibility for
and determine the physical method of collection, storage, and
assimilation of quality indicators for consumer disclosure.
The study may define the forms, frequency, and posting
requirements for disclosure of information.
In developing proposed standards under this subsection,
the department shall identify options that would minimize
provider burden and administrative cost resulting from
duplicative private sector data submission requirements.
(5) The department shall submit a preliminary report to
the legislature by December 31, 1995, including recommendations for initial legislation pursuant to subsection (6) of
this section, and may submit supplementary reports and
recommendations as completed, consistent with appropriated
funds and staffing.
(6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer
disclosure provisions unless expressly directed to do so by
an act of law. [1998 c 245 § 72; 1997 c 274 § 3; 1995 c
267 § 4.]
Effective date—1997 c 274: See note following RCW 41.05.021.
(2002 Ed.)
43.70.066
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.068 Quality assurance—Interagency cooperation. The department of health, the health care authority, the
department of social and health services, the office of the
insurance commissioner, and the department of labor and
industries shall form an interagency group for coordination
and consultation on quality assurance activities and collaboration on final recommendations for the study required under
RCW 43.70.066. [1997 c 274 § 4; 1995 c 267 § 5.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.070 Duties of department—Analysis of health
services. The department shall evaluate and analyze readily
available data and information to determine the outcome and
effectiveness of health services, utilization of services, and
payment methods. This section should not be construed as
allowing the department access to proprietary information.
(1) The department shall make its evaluations available
to the board for use in preparation of the state health report
required by RCW 43.20.050, and to consumers, purchasers,
and providers of health care.
(2) The department shall use the information to:
(a) Develop guidelines which may be used by consumers, purchasers, and providers of health care to encourage
necessary and cost-effective services; and
(b) Make recommendations to the governor on how state
government and private purchasers may be prudent purchasers of cost-effective, adequate health services. [1995 c 269
§ 2202; 1989 1st ex.s. c 9 § 109.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
43.70.075 Identity of whistleblower protected—
Remedy for retaliatory action—Definitions—Rules. (1)
The identity of a whistleblower who complains, in good
faith, to the department of health about the improper quality
of care by a health care provider, or in a health care facility,
as defined in *RCW 43.72.010, shall remain confidential.
The provisions of RCW 4.24.500 through 4.24.520, providing certain protections to persons who communicate to
government agencies, shall apply to complaints filed under
this section. The identity of the whistleblower shall remain
confidential unless the department determines that the
complaint was not made in good faith. An employee who
is a whistleblower, as defined in this section, and who as a
result of being a whistleblower has been subjected to
workplace reprisal or retaliatory action has the remedies
provided under chapter 49.60 RCW.
(2)(a) "Improper quality of care" means any practice,
procedure, action, or failure to act that violates any state law
or rule of the applicable state health licensing authority
under Title 18 or chapters 70.41, 70.96A, 70.127, 70.175,
71.05, 71.12, and 71.24 RCW, and enforced by the department of health. Each health disciplinary authority as defined
in RCW 18.130.040 may, with consultation and interdisciplinary coordination provided by the state department of
health, adopt rules defining accepted standards of practice
[Title 43 RCW—page 309]
43.70.075
Title 43 RCW: State Government—Executive
for their profession that shall further define improper quality
of care. Improper quality of care shall not include good
faith personnel actions related to employee performance or
actions taken according to established terms and conditions
of employment.
(b) "Reprisal or retaliatory action" means but is not
limited to: Denial of adequate staff to perform duties;
frequent staff changes; frequent and undesirable office
changes; refusal to assign meaningful work; unwarranted and
unsubstantiated report of misconduct pursuant to Title 18
RCW; letters of reprimand or unsatisfactory performance
evaluations; demotion; reduction in pay; denial of promotion;
suspension; dismissal; denial of employment; and a supervisor or superior encouraging coworkers to behave in a
hostile manner toward the whistleblower.
(c) "Whistleblower" means a consumer, employee, or
health care professional who in good faith reports alleged
quality of care concerns to the department of health.
(3) Nothing in this section prohibits a health care
facility from making any decision exercising its authority to
terminate, suspend, or discipline an employee who engages
in workplace reprisal or retaliatory action against a
whistleblower.
(4) The department shall adopt rules to implement
procedures for filing, investigation, and resolution of
whistleblower complaints that are integrated with complaint
procedures under Title 18 RCW for health professionals or
health care facilities. [1995 c 265 § 19.]
*Reviser’s note: RCW 43.72.010 was repealed by 1995 c 265 § 27.
RCW 48.43.005 was enacted by chapter 265, Laws of 1995, and includes
a definition of "health care facility."
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
43.70.080 Transfer of powers and duties from the
department of social and health services. The powers and
duties of the department of social and health services and the
secretary of social and health services under the following
statutes are hereby transferred to the department of health
and the secretary of health: Chapters 16.70, 18.20, 18.46,
18.71, 18.73, 18.76, 69.30, 70.28, 70.30, *70.32, *70.33,
70.50, 70.58, 70.62, 70.83, **70.83B, 70.90, 70.98, 70.104,
70.116, 70.118, 70.119, 70.119A, 70.121, 70.127, 70.142,
and 80.50 RCW. More specifically, the following programs
and services presently administered by the department of
social and health services are hereby transferred to the department of health:
(1) Personal health and protection programs and related
management and support services, including, but not limited
to: Immunizations; tuberculosis; sexually transmitted
diseases; AIDS; diabetes control; primary health care;
cardiovascular risk reduction; kidney disease; regional
genetic services; newborn metabolic screening; sentinel birth
defects; cytogenetics; communicable disease epidemiology;
and chronic disease epidemiology;
(2) Environmental health protection services and related
management and support services, including, but not limited
to: Radiation, including x-ray control, radioactive materials,
uranium mills, low-level waste, emergency response and
reactor safety, and environmental radiation protection;
drinking water; toxic substances; on-site sewage; recreational
water contact facilities; food services sanitation; shellfish;
[Title 43 RCW—page 310]
and general environmental health services, including schools,
vectors, parks, and camps;
(3) Public health laboratory;
(4) Public health support services, including, but not
limited to: Vital records; health data; local public health
services support; and health education and information;
(5) Licensing and certification services including, but
not limited to: Health and personal care facility survey,
construction review, emergency medical services, laboratory
quality assurance, and accommodations surveys; and
(6) Effective January 1, 1991, parent and child health
services and related management support services, including,
but not limited to: Maternal and infant health; child health;
parental health; nutrition; handicapped children’s services;
family planning; adolescent pregnancy services; high priority
infant tracking; early intervention; parenting education; prenatal regionalization; and power and duties under RCW
43.20A.635. The director of the office of financial management may recommend to the legislature a delay in this
transfer, if it is determined that this time frame is not
adequate. [1989 1st ex.s. c 9 § 201.]
Reviser’s note: *(1) Chapters 70.32 and 70.33 RCW were repealed
and/or recodified in their entirety pursuant to 1999 c 172.
**(2) Chapter 70.83B RCW expired June 30, 1993, pursuant to 1988
c 276 § 12.
43.70.090 Authority to administer oaths and issue
subpoenas—Provisions governing subpoenas. (1) The
secretary shall have full authority to administer oaths and
take testimony thereunder, to issue subpoenas requiring the
attendance of witnesses before the secretary together with all
books, memoranda, papers, and other documents, articles or
instruments, and to compel the disclosure by such witnesses
of all facts known to them relative to the matters under
investigation.
(2) Subpoenas issued in adjudicative proceedings shall
be governed by RCW 34.05.588(1).
(3) Subpoenas issued in the conduct of investigations
required or authorized by other statutory provisions or
necessary in the enforcement of other statutory provisions
shall be governed by RCW 34.05.588(2). [1989 1st ex.s. c
9 § 252.]
43.70.095 Civil fines. This section governs the
assessment of a civil fine against a person by the department. This section does not govern actions taken under
chapter 18.130 RCW.
(1) The department shall give written notice to the
person against whom it assesses a civil fine. The notice
shall state the reasons for the adverse action. The notice
shall be personally served in the manner of service of a
summons in a civil action or shall be given in an other
[another] manner that shows proof of receipt.
(2) Except as otherwise provided in subsection (4) of
this section, the civil fine is due and payable twenty-eight
days after receipt. The department may make the date the
fine is due later than twenty-eight days after receipt. When
the department does so, it shall state the effective date in the
written notice given the person against whom it assesses the
fine.
(3) The person against whom the department assesses a
civil fine has the right to an adjudicative proceeding. The
(2002 Ed.)
Department of Health
proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW. The application must be in writing,
state the basis for contesting the fine, include a copy of the
adverse notice, be served on and received by the department
within twenty-eight days of the person’s receiving the notice
of civil fine, and be served in a manner which shows proof
of receipt.
(4) If the person files a timely and sufficient appeal, the
department shall not implement the action until the final
order has been served. The presiding or reviewing officer
may permit the department to implement part or all of the
action while the proceedings are pending if the appellant
causes an unreasonable delay in the proceedings or for other
good cause. [1991 c 3 § 378.]
43.70.097 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department shall be in
accordance with RCW 43.05.100 and 43.05.110. [1995 c
403 § 626.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.70.100 Reports of violations by secretary—Duty
to institute proceedings—Notice to alleged violator. (1)
It shall be the duty of each assistant attorney general,
prosecuting attorney, or city attorney to whom the secretary
reports any violation of chapter 43.20 or 43.70 RCW, or
regulations promulgated under them, to cause appropriate
proceedings to be instituted in the proper courts, without
delay, and to be duly prosecuted as prescribed by law.
(2) Before any violation of chapter 43.20 or 43.70 RCW
is reported by the secretary to the prosecuting attorney for
the institution of a criminal proceeding, the person against
whom such proceeding is contemplated shall be given
appropriate notice and an opportunity to present his or her
views to the secretary, either orally or in writing, with regard
to such contemplated proceeding. [1989 1st ex.s. c 9 § 262.]
43.70.110 License fees—Exemption—Waiver. (1)
The secretary shall charge fees to the licensee for obtaining
a license. After June 30, 1995, municipal corporations
providing emergency medical care and transportation
services pursuant to chapter 18.73 RCW shall be exempt
from such fees, provided that such other emergency services
shall only be charged for their pro rata share of the cost of
licensure and inspection, if appropriate. The secretary may
waive the fees when, in the discretion of the secretary, the
fees would not be in the best interest of public health and
safety, or when the fees would be to the financial disadvantage of the state.
(2) Fees charged shall be based on, but shall not exceed,
the cost to the department for the licensure of the activity or
class of activities and may include costs of necessary
inspection.
(3) Department of health advisory committees may
review fees established by the secretary for licenses and
comment upon the appropriateness of the level of such fees.
[1993 sp.s. c 24 § 918; 1989 1st ex.s. c 9 § 263.]
(2002 Ed.)
43.70.095
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
43.70.115 Licenses—Denial, suspension, revocation,
modification. This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not
govern actions taken under chapter 18.130 RCW.
(1) The department shall give written notice of the
denial of an application for a license to the applicant or his
or her agent. The department shall give written notice of
revocation, suspension, or modification of a license to the
licensee or his or her agent. The notice shall state the
reasons for the action. The notice shall be personally served
in the manner of service of a summons in a civil action or
shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and
in subsection (4) of this section, revocation, suspension, or
modification is effective twenty-eight days after the licensee
or the agent receives the notice.
(a) The department may make the date the action is
effective later than twenty-eight days after receipt. If the
department does so, it shall state the effective date in the
written notice given the licensee or agent.
(b) The department may make the date the action is
effective sooner than twenty-eight days after receipt when
necessary to protect the public health, safety, or welfare.
When the department does so, it shall state the effective date
and the reasons supporting the effective date in the written
notice given to the licensee or agent.
(c) When the department has received certification
pursuant to chapter 74.20A RCW from the department of
social and health services that the licensee is a person who
is not in compliance with a child support order or *an order
from a court stating that the licensee is in noncompliance
with a residential or visitation order under chapter 26.09
RCW, the department shall provide that the suspension is
effective immediately upon receipt of the suspension notice
by the licensee.
(3) Except for licensees suspended for noncompliance
with a child support order under chapter 74.20A RCW or
noncompliance with a residential or visitation order under
*chapter 26.09 RCW, a license applicant or licensee who is
aggrieved by a department denial, revocation, suspension, or
modification has the right to an adjudicative proceeding.
The proceeding is governed by the Administrative Procedure
Act, chapter 34.05 RCW. The application must be in
writing, state the basis for contesting the adverse action,
include a copy of the adverse notice, be served on and
received by the department within twenty-eight days of the
license applicant’s or licensee’s receiving the adverse notice,
and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or
more days notice of revocation, suspension, or modification
and the licensee files an appeal before its effective date, the
department shall not implement the adverse action until the
final order has been entered. The presiding or reviewing
officer may permit the department to implement part or all
of the adverse action while the proceedings are pending if
the appellant causes an unreasonable delay in the proceeding,
if the circumstances change so that implementation is in the
public interest, or for other good cause.
[Title 43 RCW—page 311]
43.70.115
Title 43 RCW: State Government—Executive
(b) If the department gives a licensee less than twentyeight days notice of revocation, suspension, or modification
and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date
stated in the notice. The presiding or reviewing officer may
order the department to stay implementation of part or all of
the adverse action while the proceedings are pending if
staying implementation is in the public interest or for other
good cause. [1997 c 58 § 843; 1991 c 3 § 377.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.70.120 Federal programs—Rules—Statutes to be
construed to meet federal law. In furtherance of the policy
of this state to cooperate with the federal government in the
public health programs, the department of health shall adopt
such rules and regulations as may become necessary to
entitle this state to participate in federal funds unless the
same be expressly prohibited by law. Any section or
provision of the public health laws of this state which may
be susceptible to more than one construction shall be
interpreted in favor of the construction most likely to satisfy
federal laws entitling this state to receive federal funds for
the various programs of public health. [1989 1st ex.s. c 9 §
264.]
43.70.130 Powers and duties of secretary—General.
The secretary of health shall:
(1) Exercise all the powers and perform all the duties
prescribed by law with respect to public health and vital
statistics;
(2) Investigate and study factors relating to the preservation, promotion, and improvement of the health of the
people, the causes of morbidity and mortality, and the effects
of the environment and other conditions upon the public
health, and report the findings to the state board of health for
such action as the board determines is necessary;
(3) Strictly enforce all laws for the protection of the
public health and the improvement of sanitary conditions in
the state, and all rules, regulations, and orders of the state
board of health;
(4) Enforce the public health laws of the state and the
rules and regulations promulgated by the department or the
board of health in local matters, when in its opinion an
emergency exists and the local board of health has failed to
act with sufficient promptness or efficiency, or is unable for
reasons beyond its control to act, or when no local board has
been established, and all expenses so incurred shall be paid
upon demand of the secretary of the department of health by
the local health department for which such services are
rendered, out of moneys accruing to the credit of the
municipality or the local health department in the current
expense fund of the county;
[Title 43 RCW—page 312]
(5) Investigate outbreaks and epidemics of disease that
may occur and advise local health officers as to measures to
be taken to prevent and control the same;
(6) Exercise general supervision over the work of all
local health departments and establish uniform reporting
systems by local health officers to the state department of
health;
(7) Have the same authority as local health officers,
except that the secretary shall not exercise such authority
unless the local health officer fails or is unable to do so, or
when in an emergency the safety of the public health
demands it, or by agreement with the local health officer or
local board of health;
(8) Cause to be made from time to time, personal health
and sanitation inspections at state owned or contracted
institutions and facilities to determine compliance with
sanitary and health care standards as adopted by the department, and require the governing authorities thereof to take
such action as will conserve the health of all persons
connected therewith, and report the findings to the governor;
(9) Review and approve plans for public water system
design, engineering, operation, maintenance, financing, and
emergency response, as required under state board of health
rules;
(10) Take such measures as the secretary deems
necessary in order to promote the public health, to establish
or participate in the establishment of health educational or
training activities, and to provide funds for and to authorize
the attendance and participation in such activities of employees of the state or local health departments and other
individuals engaged in programs related to or part of the
public health programs of the local health departments or the
state department of health. The secretary is also authorized
to accept any funds from the federal government or any
public or private agency made available for health education
training purposes and to conform with such requirements as
are necessary in order to receive such funds; and
(11) Establish and maintain laboratory facilities and
services as are necessary to carry out the responsibilities of
the department. [1990 c 132 § 2; 1989 1st ex.s. c 9 § 251;
1985 c 213 § 2; 1979 c 141 § 46; 1967 ex.s. c 102 § 1;
1965 c 8 § 43.20.010. Prior: (i) 1909 c 208 § 2; RRS §
6004. (ii) 1921 c 7 § 59; RRS § 10817. Formerly RCW
43.20A.600 and 43.20.010.]
Legislative findings—Severability—1990 c 132: See note following
RCW 43.20.240.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—1967 ex.s. c 102: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 ex.s. c 102 § 13.]
Public water systems—Complaint process: RCW 43.20.240.
43.70.140 Annual conference of health officers. In
order to receive the assistance and advice of local health
officers in carrying out the secretary’s duties and responsibilities, the secretary of health shall hold annually a conference
of local health officers, at such place as the secretary deems
convenient, for the discussion of questions pertaining to
public health, sanitation, and other matters pertaining to the
duties and functions of the local health departments, which
(2002 Ed.)
Department of Health
shall continue in session for such time not exceeding three
days as the secretary deems necessary.
The health officer of each county, district, municipality
and county-city department shall attend such conference
during its entire session, and receive therefor his or her
actual and necessary traveling expenses, to be paid by his or
her county, district, and municipality or county-city department. No claim for such expenses shall be allowed or paid
unless it is accompanied by a certificate from the secretary
of health attesting the attendance of the claimant. [1989 1st
ex.s. c 9 § 253; 1979 c 141 § 50; 1967 ex.s. c 102 § 10;
1965 c 8 § 43.20.060. Prior: 1915 c 75 § 1; RRS § 6005.
Formerly RCW 43.20A.615 and 43.20.060.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.150 Registration of vital statistics. The
secretary of health shall have charge of the state system of
registration of births, deaths, fetal deaths, marriages, and
decrees of divorce, annulment and separate maintenance, and
shall prepare the necessary rules, forms, and blanks for obtaining records, and insure the faithful registration thereof.
[1989 1st ex.s. c 9 § 254; 1979 c 141 § 51; 1967 c 26 § 1;
1965 c 8 § 43.20.070. Prior: 1907 c 83 § 1; RRS § 6018.
Formerly RCW 43.20A.620 and 43.20.070.]
Effective date—1967 c 26: "This act shall take effect on January 1,
1968." [1967 c 26 § 12.]
Vital statistics: Chapter 70.58 RCW.
43.70.160 Duties of registrar. The state registrar of
vital statistics shall prepare, print, and supply to all registrars
all blanks and forms used in registering, recording, and
preserving the returns, or in otherwise carrying out the
purposes of Title 70 RCW; and shall prepare and issue such
detailed instructions as may be required to secure the
uniform observance of its provisions and the maintenance of
a perfect system of registration. No other blanks shall be
used than those supplied by the state registrar. The state
registrar shall carefully examine the certificates received
monthly from the local registrars, county auditors, and clerks
of the court and, if any are incomplete or unsatisfactory, the
state registrar shall require such further information to be
furnished as may be necessary to make the record complete
and satisfactory, and shall cause such further information to
be incorporated in or attached to and filed with the certificate. The state registrar shall furnish, arrange, bind, and
make a permanent record of the certificate in a systematic
manner, and shall prepare and maintain a comprehensive
index of all births, deaths, fetal deaths, marriages, and
decrees of divorce, annulment and separate maintenance
registered. [1989 1st ex.s. c 9 § 255; 1967 c 26 § 2; 1965
c 8 § 43.20.080. Prior: 1961 ex.s. c 5 § 2; 1951 c 106 § 1;
1915 c 180 § 9; 1907 c 83 § 17; RRS § 6034. Formerly
RCW 43.20A.625 and 43.20.080.]
Effective date—1967 c 26: See note following RCW 43.70.150.
Vital statistics: Chapter 70.58 RCW.
43.70.170 Threat to public health—Investigation,
examination or sampling of articles or conditions constituting—Access—Subpoena power. The secretary on his or
her own motion or upon the complaint of any interested
party, may investigate, examine, sample or inspect any
(2002 Ed.)
43.70.140
article or condition constituting a threat to the public health
including, but not limited to, outbreaks of communicable
diseases, food poisoning, contaminated water supplies, and
all other matters injurious to the public health. When not
otherwise available, the department may purchase such samples or specimens as may be necessary to determine whether
or not there exists a threat to the public health. In furtherance of any such investigation, examination or inspection,
the secretary or the secretary’s authorized representative may
examine that portion of the ledgers, books, accounts, memorandums, and other documents and other articles and things
used in connection with the business of such person relating
to the actions involved.
For purposes of such investigation, the secretary or the
secretary’s representative shall at all times have free and
unimpeded access to all buildings, yards, warehouses,
storage and transportation facilities or any other place. The
secretary may also, for the purposes of such investigation,
issue subpoenas to compel the attendance of witnesses, as
provided for in RCW 43.70.090 or the production of books
and documents anywhere in the state. [1989 1st ex.s. c 9 §
256; 1979 c 141 § 53; 1967 ex.s. c 102 § 3. Formerly RCW
43.20A.640 and 43.20.150.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.180 Threat to public health—Order prohibiting sale or disposition of food or other items pending
investigation. Pending the results of an investigation
provided for under RCW 43.70.170, the secretary may issue
an order prohibiting the disposition or sale of any food or
other item involved in the investigation. The order of the
secretary shall not be effective for more than fifteen days
without the commencement of a legal action as provided for
under RCW 43.70.190. [1989 1st ex.s. c 9 § 257; 1979 c
141 § 54; 1967 ex.s. c 102 § 4. Formerly RCW 43.20A.645
and 43.20.160.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.185 Inspection of property where marine
species located—Prohibitions on harvest or landing—
Penalties. (1) The department may enter and inspect any
property, lands, or waters, of this state in or on which any
marine species are located or from which such species are
harvested, whether recreationally or for sale or barter, and
any land or water of this state which may cause or contribute
to the pollution of areas in or on which such species are
harvested or processed. The department may take any
reasonably necessary samples to determine whether such
species or any lot, batch, or quantity of such species is safe
for human consumption.
(2) If the department determines that any species or any
lot, batch, or other quantity of such species is unsafe for
human consumption because consumption is likely to cause
actual harm or because consumption presents a potential risk
of substantial harm, the department may, by order under
chapter 34.05 RCW, prohibit or restrict the commercial or
recreational harvest or landing of any marine species except
the recreational harvest of shellfish as defined in chapter
69.30 RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in
violation of a departmental order prohibiting or restricting
[Title 43 RCW—page 313]
43.70.185
Title 43 RCW: State Government—Executive
such harvest under this section or to possess or sell any
marine species so harvested.
(4) Any person who sells any marine species taken in
violation of this section is subject to the penalties provided
in RCW 69.30.140 and 69.30.150. Any person who harvests
or possesses marine species taken in violation of this section
is guilty of a civil infraction and is subject to the penalties
provided in RCW 69.30.150. Notwithstanding this section,
any person who harvests, possesses, sells, offers to sell,
culls, shucks, or packs shellfish is subject to the penalty
provisions of chapter 69.30 RCW. Charges shall not be
brought against a person under both chapter 69.30 RCW and
this section in connection with this same action, incident, or
event.
(5) The criminal provisions of this section are subject to
enforcement by fish and wildlife officers or ex officio fish
and wildlife officers as defined in RCW 77.08.010.
(6) As used in this section, marine species include all
fish, invertebrate or plant species which are found during
any portion of the life cycle of those species in the marine
environment. [2001 c 253 § 2; 1995 c 147 § 7.]
43.70.190 Violations—Injunctions and legal proceedings authorized. The secretary of health or local health
officer may bring an action to enjoin a violation or the
threatened violation of any of the provisions of the public
health laws of this state or any rules or regulation made by
the state board of health or the department of health pursuant
to said laws, or may bring any legal proceeding authorized
by law, including but not limited to the special proceedings
authorized in Title 7 RCW, in the superior court in the
county in which such violation occurs or is about to occur,
or in the superior court of Thurston county. Upon the filing
of any action, the court may, upon a showing of an immediate and serious danger to residents constituting an emergency, issue a temporary injunctive order ex parte. [1990 c 133
§ 3; 1989 1st ex.s. c 9 § 258; 1979 c 141 § 55; 1967 ex.s.
c 102 § 5. Formerly RCW 43.20A.650 and 43.20.170.]
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.195 Public water systems—Receivership
actions brought by secretary—Plan for disposition. (1)
In any action brought by the secretary of health or by a local
health officer pursuant to chapter 7.60 RCW to place a
public water system in receivership, the petition shall include
the names of one or more suitable candidates for receiver
who have consented to assume operation of the water system. The department shall maintain a list of interested and
qualified individuals, municipal entities, special purpose
districts, and investor-owned water companies with experience in the provision of water service and a history of
satisfactory operation of a water system. If there is no other
person willing and able to be named as receiver, the court
shall appoint the county in which the water system is located
as receiver. The county may designate a county agency to
operate the system, or it may contract with another individual or public water system to provide management for the
system. If the county is appointed as receiver, the secretary
of health and the county health officer shall provide regula[Title 43 RCW—page 314]
tory oversight for the agency or other person responsible for
managing the water system.
(2) In any petition for receivership under subsection (1)
of this section, the department shall recommend that the
court grant to the receiver full authority to act in the best
interests of the customers served by the public water system.
The receiver shall assess the capability, in conjunction with
the department and local government, for the system to
operate in compliance with health and safety standards, and
shall report to the court and the petitioning agency its
recommendations for the system’s future operation, including
the formation of a water-sewer district or other public entity,
or ownership by another existing water system capable of
providing service.
(3) If a petition for receivership and verifying affidavit
executed by an appropriate departmental official allege an
immediate and serious danger to residents constituting an
emergency, the court shall set the matter for hearing within
three days and may appoint a temporary receiver ex parte
upon the strength of such petition and affidavit pending a
full evidentiary hearing, which shall be held within fourteen
days after receipt of the petition.
(4) A bond, if any is imposed upon a receiver, shall be
minimal and shall reasonably relate to the level of operating
revenue generated by the system. Any receiver appointed
pursuant to this section shall not be held personally liable for
any good faith, reasonable effort to assume possession of,
and to operate, the system in compliance with the court’s
orders.
(5) The court shall authorize the receiver to impose
reasonable assessments on a water system’s customers to
recover expenditures for improvements necessary for the
public health and safety.
(6) No later than twelve months after appointment of a
receiver, the petitioning agency, in conjunction with the
county in which the system is located, and the appropriate
state and local health agencies, shall develop and present to
the court a plan for the disposition of the system. The report
shall include the recommendations of the receiver made
pursuant to subsection (2) of this section. The report shall
include all reasonable and feasible alternatives. After
receiving the report, the court shall provide notice to
interested parties and conduct such hearings as are necessary.
The court shall then order the parties to implement one of
the alternatives, or any combination thereof, for the disposition of the system. Such order shall include a date, or
proposed date, for the termination of the receivership.
Nothing in this section authorizes a court to require a city,
town, public utility district, water-sewer district, or irrigation
district to accept a system that has been in receivership
unless the city, town, public utility district, water-sewer district, or irrigation district agrees to the terms and conditions
outlined in the plan adopted by the court.
(7) The court shall not terminate the receivership, and
order the return of the system to the owners, unless the
department of health approves of such an action. The court
may impose reasonable conditions upon the return of the
system to the owner, including the posting of a bond or other
security, routine performance and financial audits, employment of qualified operators and other staff or contracted
services, compliance with financial viability requirements, or
(2002 Ed.)
Department of Health
other measures sufficient to ensure the ongoing proper operation of the system.
(8) If, as part of the ultimate disposition of the system,
an eminent domain action is commenced by a public entity
to acquire the system, the court shall oversee any appraisal
of the system conducted under Title 7 RCW to assure that
the appraised value properly reflects any reduced value
because of the necessity to make improvements to the
system. The court shall have the authority to approve the
appraisal, and to modify it based on any information
provided at an evidentiary hearing. The court’s determination of the proper value of the system, based on the appraisal, shall be final, and only appealable if not supported
by substantial evidence. If the appraised value is appealed,
the court may order that the system’s ownership be transferred upon payment of the approved appraised value. [1999
c 153 § 57; 1994 c 292 § 3; 1990 c 133 § 4.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
43.70.200 Enforcement of health laws and state or
local rules and regulations upon request of local health
officer. Upon the request of a local health officer, the
secretary of health is hereby authorized and empowered to
take legal action to enforce the public health laws and rules
and regulations of the state board of health or local rules and
regulations within the jurisdiction served by the local health
department, and may institute any civil legal proceeding
authorized by the laws of the state of Washington, including
a proceeding under Title 7 RCW. [1990 c 133 § 5; 1989 1st
ex.s. c 9 § 259; 1979 c 141 § 56; 1967 ex.s. c 102 § 6.
Formerly RCW 43.20A.655 and 43.20.180.]
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.210 Right of person to rely on prayer to
alleviate ailments not abridged. Nothing in chapter 43.20
or 43.70 RCW, or RCW 43.70.120 shall be construed to
abridge the right of any person to rely exclusively on
spiritual means alone through prayer to alleviate human
ailments, sickness or disease, in accordance with the tenets
and practice of the Church of Christ, Scientist, nor shall anything in chapters 43.20, 43.70 RCW, or RCW 43.70.120 be
deemed to prohibit a person so relying who is inflicted with
a contagious or communicable disease from being isolated or
quarantined in a private place of his own choice, provided,
it is approved by the local health officer, and all laws, rules
and regulations governing control, sanitation, isolation and
quarantine are complied with. [1989 1st ex.s. c 9 § 260;
1979 c 141 § 59; 1967 ex.s. c 102 § 14. Formerly RCW
43.20A.665 and 43.20.210.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
Prayer: RCW 18.50.030, 70.127.040, 70.128.170, 71.05.070, 74.09.190.
43.70.220 Transfer of powers and duties from the
department of licensing. The powers and duties of the
department of licensing and the director of licensing under
(2002 Ed.)
43.70.195
the following statutes are hereby transferred to the department of health and the secretary of health: Chapters 18.06,
18.19, 18.22, 18.25, 18.29, 18.32, 18.34, 18.35, 18.36A,
18.50, 18.52, 18.52C, 18.53, 18.54, 18.55, 18.57, 18.57A,
18.59, 18.71, 18.71A, 18.74, 18.83, 18.84, 18.79, 18.89,
18.92, 18.108, 18.135, and 18.138 RCW. More specifically,
the health professions regulatory programs and services
presently administered by the department of licensing are
hereby transferred to the department of health. [1994 sp.s.
c 9 § 727; 1989 1st ex.s. c 9 § 301.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.70.230 Office of health consumer assistance
created—Duties. There is created in the department an
office of health consumer assistance. The office shall
establish a statewide hot line and shall assist and serve as an
advocate for consumers who are complainants or witnesses
in a licensing or disciplinary proceeding. [1989 1st ex.s. c
9 § 303.]
43.70.235 Health care disputes—Certifying independent review organizations—Application—Restrictions—
Rules. (1) The department shall adopt rules providing a
procedure and criteria for certifying one or more organizations to perform independent review of health care disputes
described in RCW 48.43.535.
(2) The rules must require that the organization ensure:
(a) The confidentiality of medical records transmitted to
an independent review organization for use in independent
reviews;
(b) That each health care provider, physician, or contract
specialist making review determinations for an independent
review organization is qualified. Physicians, other health
care providers, and, if applicable, contract specialists must be
appropriately licensed, certified, or registered as required in
Washington state or in at least one state with standards
substantially comparable to Washington state. Reviewers
may be drawn from nationally recognized centers of excellence, academic institutions, and recognized leading practice
sites. Expert medical reviewers should have substantial,
recent clinical experience dealing with the same or similar
health conditions. The organization must have demonstrated
expertise and a history of reviewing health care in terms of
medical necessity, appropriateness, and the application of
other health plan coverage provisions;
(c) That any physician, health care provider, or contract
specialist making a review determination in a specific review
is free of any actual or potential conflict of interest or bias.
Neither the expert reviewer, nor the independent review
organization, nor any officer, director, or management
employee of the independent review organization may have
any material professional, familial, or financial affiliation
with any of the following: The health carrier; professional
associations of carriers and providers; the provider; the
provider’s medical or practice group; the health facility at
which the service would be provided; the developer or
manufacturer of a drug or device under review; or the
enrollee;
(d) The fairness of the procedures used by the independent review organization in making the determinations;
[Title 43 RCW—page 315]
43.70.235
Title 43 RCW: State Government—Executive
(e) That each independent review organization make its
determination:
(i) Not later than the earlier of:
(A) The fifteenth day after the date the independent
review organization receives the information necessary to
make the determination; or
(B) The twentieth day after the date the independent
review organization receives the request that the determination be made. In exceptional circumstances, when the
independent review organization has not obtained information necessary to make a determination, a determination may
be made by the twenty-fifth day after the date the organization received the request for the determination; and
(ii) In cases of a condition that could seriously jeopardize the enrollee’s health or ability to regain maximum
function, not later than the earlier of:
(A) Seventy-two hours after the date the independent
review organization receives the information necessary to
make the determination; or
(B) The eighth day after the date the independent review
organization receives the request that the determination be
made;
(f) That timely notice is provided to enrollees of the results of the independent review, including the clinical basis
for the determination;
(g) That the independent review organization has a
quality assurance mechanism in place that ensures the
timeliness and quality of review and communication of
determinations to enrollees and carriers, and the qualifications, impartiality, and freedom from conflict of interest of
the organization, its staff, and expert reviewers; and
(h) That the independent review organization meets any
other reasonable requirements of the department directly
related to the functions the organization is to perform under
this section and RCW 48.43.535.
(3) To be certified as an independent review organization under this chapter, an organization must submit to the
department an application in the form required by the
department. The application must include:
(a) For an applicant that is publicly held, the name of
each stockholder or owner of more than five percent of any
stock or options;
(b) The name of any holder of bonds or notes of the
applicant that exceed one hundred thousand dollars;
(c) The name and type of business of each corporation
or other organization that the applicant controls or is
affiliated with and the nature and extent of the affiliation or
control;
(d) The name and a biographical sketch of each director,
officer, and executive of the applicant and any entity listed
under (c) of this subsection and a description of any relationship the named individual has with:
(i) A carrier;
(ii) A utilization review agent;
(iii) A nonprofit or for-profit health corporation;
(iv) A health care provider;
(v) A drug or device manufacturer; or
(vi) A group representing any of the entities described
by (d)(i) through (v) of this subsection;
(e) The percentage of the applicant’s revenues that are
anticipated to be derived from reviews conducted under
RCW 48.43.535;
[Title 43 RCW—page 316]
(f) A description of the areas of expertise of the health
care professionals and contract specialists making review
determinations for the applicant; and
(g) The procedures to be used by the independent
review organization in making review determinations
regarding reviews conducted under RCW 48.43.535.
(4) If at any time there is a material change in the
information included in the application under subsection (3)
of this section, the independent review organization shall
submit updated information to the department.
(5) An independent review organization may not be a
subsidiary of, or in any way owned or controlled by, a
carrier or a trade or professional association of health care
providers or carriers.
(6) An independent review organization, and individuals
acting on its behalf, are immune from suit in a civil action
when performing functions under chapter 5, Laws of 2000.
However, this immunity does not apply to an act or omission
made in bad faith or that involves gross negligence.
(7) Independent review organizations must be free from
interference by state government in its functioning except as
provided in subsection (8) of this section.
(8) The rules adopted under this section shall include
provisions for terminating the certification of an independent
review organization for failure to comply with the requirements for certification. The department may review the
operation and performance of an independent review
organization in response to complaints or other concerns
about compliance.
(9) In adopting rules for this section, the department
shall take into consideration standards for independent
review organizations adopted by national accreditation
organizations. The department may accept national accreditation or certification by another state as evidence that an
organization satisfies some or all of the requirements for
certification by the department as an independent review
organization. [2000 c 5 § 12.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
43.70.240 Written operating agreements. The
secretary and each of the professional licensing and disciplinary boards under the administration of the department
shall enter into written operating agreements on administrative procedures with input from the regulated profession and
the public. The intent of these agreements is to provide a
process for the department to consult each board on administrative matters and to ensure that the administration and
staff functions effectively enable each board to fulfill its
statutory responsibilities. The agreements shall include, but
not be limited to, the following provisions:
(1) Administrative activities supporting the board’s
policies, goals, and objectives;
(2) Development and review of the agency budget as it
relates to the board; and
(3) Board related personnel issues.
The agreements shall be reviewed and revised in like
manner if appropriate at the beginning of each fiscal year,
and at other times upon written request by the secretary or
the board. [1998 c 245 § 73; 1989 1st ex.s. c 9 § 304.]
(2002 Ed.)
Department of Health
43.70.250 License fees for professions, occupations,
and businesses. It shall be the policy of the state of
Washington that the cost of each professional, occupational,
or business licensing program be fully borne by the members
of that profession, occupation, or business. The secretary
shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees,
permit fees, renewal fees, and any other fee associated with
licensing or regulation of professions, occupations, or businesses administered by the department. In fixing said fees,
the secretary shall set the fees for each program at a sufficient level to defray the costs of administering that program.
All such fees shall be fixed by rule adopted by the secretary
in accordance with the provisions of the administrative
procedure act, chapter 34.05 RCW. [1996 c 191 § 1; 1989
1st ex.s. c 9 § 319.]
43.70.260 Appointment of temporary additional
members of boards and committees for administration
and grading of examinations. The secretary may, at the
request of a board or committee established under Title 18
RCW under the administrative authority of the department of
health, appoint temporary additional members for the
purpose of participating as members during the administration and grading of practical examinations for licensure,
certification, or registration. The appointment shall be for
the duration of the examination specified in the request.
Individuals so appointed must meet the same minimum
qualifications as regular members of the board or committee,
including the requirement to be licensed, certified, or
registered. While serving as board or committee members,
persons so appointed have all the powers, duties, and
immunities and are entitled to the emoluments, including
travel expenses in accordance with RCW 43.03.050 and
43.03.060, of regular members of the board or committee.
This authority is intended to provide for more efficient,
economical, and effective examinations. [1989 1st ex.s. c 9
§ 320.]
43.70.270 License moratorium for persons in the
service. Notwithstanding any provision of law to the
contrary, the license of any person licensed by the secretary
of health to practice a profession or engage in an occupation,
if valid and in force and effect at the time the licensee
entered service in the armed forces or the merchant marine
of the United States, shall continue in full force and effect
so long as such service continues, unless sooner suspended,
canceled, or revoked for cause as provided by law. The
secretary shall renew the license of every such person who
applies for renewal thereof within six months after being
honorably discharged from service upon payment of the
renewal fee applicable to the then current year or other
license period. [1989 1st ex.s. c 9 § 321.]
43.70.280 Procedure for issuance, renewal, or
reissuance of credentials—Extension or modification of
licensing, certification, or registration period authorized.
(1) The secretary, in consultation with health profession
boards and commissions, shall establish by rule the administrative procedures, administrative requirements, and fees for
initial issue, renewal, and reissue of a credential for profes(2002 Ed.)
43.70.250
sions under RCW 18.130.040, including procedures and
requirements for late renewals and uniform application of
late renewal penalties. Failure to renew invalidates the
credential and all privileges granted by the credential.
Administrative procedures and administrative requirements
do not include establishing, monitoring, and enforcing
qualifications for licensure, scope or standards of practice,
continuing competency mechanisms, and discipline when
such authority is authorized in statute to a health profession
board or commission. For the purposes of this section, "in
consultation with" means providing an opportunity for
meaningful participation in development of rules consistent
with processes set forth in RCW 34.05.310.
(2) Notwithstanding any provision of law to the contrary
which provides for a licensing period for any type of license
subject to this chapter including those under RCW
18.130.040, the secretary of health may, from time to time,
extend or otherwise modify the duration of any licensing,
certification, or registration period, whether an initial or
renewal period, if the secretary determines that it would
result in a more economical or efficient operation of state
government and that the public health, safety, or welfare
would not be substantially adversely affected thereby.
However, no license, certification, or registration may be
issued or approved for a period in excess of four years,
without renewal. Such extension, reduction, or other
modification of a licensing, certification, or registration
period shall be by rule or regulation of the department of
health adopted in accordance with the provisions of chapter
34.05 RCW. Such rules and regulations may provide a
method for imposing and collecting such additional proportional fee as may be required for the extended or modified
period. [1999 c 34 § 1; 1998 c 29 § 1; 1996 c 191 § 2;
1989 1st ex.s. c 9 § 322.]
43.70.290 Funeral directors and embalmers subject
to chapter 18.130 RCW. Funeral directors and embalmers,
licensed under chapter 18.39 RCW, are subject to the provisions of chapter 18.130 RCW under the administration of
the department of licensing. The department of licensing
shall review the statutes authorizing the regulation of funeral
directors and embalmers, and recommend any changes
necessary by January 1, 1990. [1989 1st ex.s. c 9 § 323.]
43.70.300 Secretary or secretary’s designee ex
officio member of health professional licensure and
disciplinary boards. In order to provide liaison with the
department of health, provide continuity between changes in
board membership, achieve uniformity as appropriate in
licensure or regulated activities under the jurisdiction of the
department, and to better represent the public interest, the
secretary, or a designee appointed by the secretary, shall
serve as an ex officio member of every health professional
licensure or disciplinary board established under Title 18
RCW under the administrative authority of the department of
health. The secretary shall have no vote unless otherwise
authorized by law. [1989 1st ex.s. c 9 § 318; 1983 c 168 §
11. Formerly RCW 43.24.015.]
Severability—1983 c 168: See RCW 18.120.910.
[Title 43 RCW—page 317]
43.70.310
Title 43 RCW: State Government—Executive
43.70.310 Cooperation with department of ecology.
Where feasible, the department and the state board of health
shall consult with the department of ecology in order that, to
the fullest extent possible, agencies concerned with the
preservation of life and health and agencies concerned with
protection of the environment may integrate their efforts and
endorse policies in common. [1987 c 109 § 25; 1970 ex.s.
c 18 § 12. Formerly RCW 43.20A.140.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
43.70.320 Health professions account—Fees credited—Requirements for biennial budget request. (1) There
is created in the state treasury an account to be known as the
health professions account. All fees received by the department for health professions licenses, registration, certifications, renewals, or examinations and the civil penalties
assessed and collected by the department under RCW
18.130.190 shall be forwarded to the state treasurer who
shall credit such moneys to the health professions account.
(2) All expenses incurred in carrying out the health
professions licensing activities of the department shall be
paid from the account as authorized by legislative appropriation. Any residue in the account shall be accumulated
and shall not revert to the general fund at the end of the
biennium.
(3) The secretary shall biennially prepare a budget
request based on the anticipated costs of administering the
health professions licensing activities of the department
which shall include the estimated income from health professions fees. [1993 c 492 § 411; 1991 sp.s. c 13 § 18;
1991 c 3 § 299; 1985 c 57 § 29; 1983 c 168 § 5. Formerly
RCW 43.24.072.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1983 c 168: See RCW 18.120.910.
43.70.325 Rural health access account. The rural
health access account is created in the custody of the state
treasurer. The account may receive moneys through gift,
grant, or donation to the state for the purposes of the
account. Expenditures from the account may be used only
for rural health programs including, but not limited to, those
authorized in chapters 70.175 and 70.180 RCW, the health
professional and loan repayment programs authorized in
chapter 28B.115 RCW, and to make grants to small or rural
hospitals, or rural public hospital districts, for the purpose of
developing viable, integrated rural health systems. Only the
secretary of health or the secretary’s designee may authorize
expenditures from the account. No appropriation is required
for an expenditure from the account. Any residue in the
account shall accumulate in the account and shall not revert
to the general fund at the end of the biennium. Costs incurred by the department in administering the account shall
be paid from the account. [1992 c 120 § 1.]
[Title 43 RCW—page 318]
43.70.327 Public health supplemental account—
Annual statement. (1) The public health supplemental
account is created in the state treasury. All receipts from
gifts, bequests, devises, or funds, whose use is determined to
further the purpose of maintaining and improving the health
of Washington residents through the public health system
must be deposited into the account. Money in the account
may be spent only after appropriation. Expenditures from
the account may be used only for maintaining and improving
the health of Washington residents through the public health
system. Expenditures from the account shall not be used to
pay for or add permanent full-time equivalent staff positions.
(2) The department shall file an annual statement of the
financial condition, transactions, and affairs of any program
funded under this section in a form and manner prescribed
by the office of financial management. A copy of the
annual statement shall be filed with the speaker of the house
of representatives and the president of the senate. [2001 c
80 § 3.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
43.70.334 Temporary worker housing—Definition.
For the purposes of RCW 43.70.335, 43.70.337, and
43.70.340, "temporary worker housing" has the same
meaning as provided in RCW 70.114A.020. [1999 c 374 §
9.]
43.70.335 Temporary worker housing operating
license—Fee—Display—Suspension or revocation—
Fines—Refunds—Rules—Application of department of
labor and industries standards. (1) Any person providing
temporary worker housing consisting of five or more
dwelling units, or any combination of dwelling units,
dormitories, or spaces that house ten or more occupants, or
any person providing temporary worker housing who makes
the election to comply with the temporary worker building
code under RCW 70.114A.081(1)(g), shall secure an annual
operating license prior to occupancy and shall pay a fee according to RCW 43.70.340. The license shall be conspicuously displayed on site.
(2) Licenses issued under this chapter may be suspended
or revoked upon the failure or refusal of the person providing temporary worker housing to comply with rules adopted
under this section or chapter 70.114A RCW by the department. All such proceedings shall be governed by the
provisions of chapter 34.05 RCW.
(3) The department may assess a civil fine in accordance with RCW 43.70.095 for failure or refusal to obtain a
license prior to occupancy of temporary worker housing.
The department may refund all or part of the civil fine
collected once the operator obtains a valid operating license.
(4) Civil fines under this section shall not exceed twice
the cost of the license plus the cost of the initial on-site
inspection for the first violation of this section, and shall not
exceed ten times the cost of the license plus the cost of the
initial on-site inspection for second and subsequent violations
within any five-year period. The department may adopt
rules as necessary to assure compliance with this section.
[1999 c 374 § 10; 1998 c 37 § 5.]
(2002 Ed.)
Department of Health
43.70.337 Temporary worker housing building
permit—Plans and specifications—Fees—Rules. (1) Any
person who constructs, alters, or makes an addition to
temporary worker housing consisting of five or more
dwelling units, or any combination of dwelling units,
dormitories, or spaces that house ten or more occupants, or
any person who constructs, alters, or makes an addition to
temporary worker housing who elects to comply with the
temporary worker building code under RCW
70.114A.081(1)(g), shall:
(a) Submit plans and specifications for the alteration,
addition, or new construction of this housing prior to
beginning any alteration, addition, or new construction on
this housing;
(b) Apply for and obtain a temporary worker housing
building permit from the department prior to construction or
alteration of this housing; and
(c) Submit a plan review and permit fee to the department of health pursuant to RCW 43.70.340.
(2) The department shall adopt rules as necessary, for
the application procedures for the temporary worker housing
plan review and permit process.
(3) Any alteration of a manufactured structure to be
used for temporary worker housing remains subject to
chapter 43.22 RCW, and the rules adopted under chapter
43.22 RCW. [1998 c 37 § 6.]
43.70.340 Temporary worker housing inspection
fund—Fees on temporary worker housing operating
licenses and building permits—Licenses generally. (1)
The temporary worker housing fund is established in the
custody of the state treasury. The department shall deposit
all funds received under subsections (2) and (3) of this
section and from the legislature to administer a temporary
worker housing permitting, licensing, and inspection program
conducted by the department. Disbursement from the fund
shall be on authorization of the secretary of health or the
secretary’s designee. The fund is subject to the allotment
procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements.
(2) There is imposed a fee on each operating license
issued by the department to every operator of temporary
worker housing that is regulated by the state board of health.
In establishing the fee to be paid under this subsection the
department shall consider the cost of administering a license
as well as enforcing applicable state board of health rules on
temporary worker housing.
(3) There is imposed a fee on each temporary worker
housing building permit issued by the department to every
operator of temporary worker housing as required by RCW
43.70.337. The fee shall include the cost of administering
a permit as well as enforcing the department’s temporary
worker building code as adopted under RCW 70.114A.081.
(4) The department shall conduct a fee study for:
(a) A temporary worker housing operator’s license;
(b) On-site inspections; and
(c) A plan review and building permit for new construction.
After completion of the study, the department shall
adopt these fees by rule by no later than December 31, 1998.
(2002 Ed.)
43.70.337
(5) The term of the operating license and the application
procedures shall be established, by rule, by the department.
[1998 c 37 § 7; 1990 c 253 § 3.]
Legislative finding and purpose—1990 c 253: "The legislature finds
that the demand for housing for migrant and seasonal farmworkers far
exceeds the supply of adequate housing in the state of Washington. In
addition, increasing numbers of these housing units are in deteriorated
condition because they cannot be economically maintained and repaired.
The legislature further finds that the lack of a clear program for the
regulation and inspection of farmworker housing has impeded the construction and renovation of housing units in this state.
It is the purpose of this act for the various agencies involved in the
regulation of farmworker housing to coordinate and consolidate their
activities to provide for efficient and effective monitoring of farmworker
housing. It is intended that this action will provide greater responsiveness
in dealing with public concerns over farmworker housing, and allow greater
numbers of housing units to be built." [1990 c 253 § 1.]
43.70.400 Head injury prevention—Legislative
finding. The legislature finds that head injury is a major
cause of death and disability for Washington citizens. The
costs of head injury treatment and rehabilitation are extensive and resultant disabilities are long and indeterminate.
These costs are often borne by public programs such as
medicaid. The legislature finds further that many such
injuries are preventable. The legislature intends to reduce
the occurrence of head injury by educating persons whose
behavior may place them at risk and by regulating certain
activities. [1990 c 270 § 2.]
43.70.410 Head injury prevention—Program,
generally. As used in RCW 43.70.400 through 43.70.440,
the term "head injury" means traumatic brain injury.
A head injury prevention program is created in the
department of health. The program’s functions may be
integrated with those of similar programs to promote
comprehensive, integrated, and effective health promotion
and disease prevention.
In consultation with the traffic safety commission, the
department shall, directly or by contract, identify and
coordinate public education efforts currently underway
within state government and among private groups to prevent
traumatic brain injury, including, but not limited to, bicycle
safety, pedestrian safety, bicycle passenger seat safety,
motorcycle safety, motor vehicle safety, and sports safety.
If the department finds that programs are not available or not
in use, it may, within funds appropriated for the purpose,
provide grants to promote public education efforts. Grants
may be awarded only after recipients have demonstrated
coordination with relevant and knowledgeable groups within
their communities, including at least schools, brain injury
support organizations, hospitals, physicians, traffic safety
specialists, police, and the public. The department may
accept grants, gifts, and donations from public or private
sources to use to carry out the head injury prevention
program.
The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government.
Agencies are directed to cooperate with assessment efforts
by providing access to data and program records as reasonably required. The department may seek and receive
additional funds from the federal government or private
sources for assessments. Assessments shall contain findings
[Title 43 RCW—page 319]
43.70.410
Title 43 RCW: State Government—Executive
and recommendations that will improve the effectiveness of
public education efforts. These findings shall be distributed
among public and private groups concerned with traumatic
brain injury prevention. [1990 c 270 § 3.]
Bicycle awareness program: RCW 43.43.390.
43.70.420 Head injury prevention—Information
preparation. The department of health, the department of
licensing, and the traffic safety commission shall jointly
prepare information for driver license manuals, driver
education programs, and driving tests to increase driver
awareness of pedestrian safety, to increase driver skills in
avoiding pedestrian and motor vehicle accidents, and to
determine drivers’ abilities to avoid pedestrian motor vehicle
accidents. [1990 c 270 § 4.]
43.70.430 Head injury prevention—Guidelines on
training and education—Training of emergency medical
personnel. The department shall prepare guidelines on relevant training and education regarding traumatic brain injury
for health and education professionals, and relevant public
safety and law enforcement officials. The department shall
distribute such guidelines and any recommendations for
training or educational requirements for health professionals
or educators to the disciplinary authorities governed by
chapter 18.130 RCW and to educational service districts
established under chapter 28A.310 RCW. Specifically, all
emergency medical personnel shall be trained in proper
helmet removal. [1990 c 270 § 6.]
43.70.440 Head injury prevention act—Short title—
1990 c 270. This act shall be known and cited as the Head
Injury Prevention Act of 1990. [1990 c 270 § 1.]
43.70.450 Senior environmental corps—Department
powers and duties. (1) The department of health shall have
the following powers and duties in carrying out its responsibilities for the senior environmental corps created under
RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the *council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 12.]
*Reviser’s note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204,
effective July 1, 1995.
Severability—1992 c 63: See note following RCW 43.63A.240.
[Title 43 RCW—page 320]
43.70.460 Retired primary care provider liability
malpractice insurance—Program authorized. (1) The
department may establish a program to purchase and
maintain liability malpractice insurance for retired primary
care providers who provide primary health care services at
community clinics. The following conditions apply to the
program:
(a) Primary health care services shall be provided at
community clinics that are public or private tax-exempt
corporations;
(b) Primary health care services provided at the clinics
shall be offered to low-income patients based on their ability
to pay;
(c) Retired primary care providers providing health care
services shall not receive compensation for their services;
and
(d) The department shall contract only with a liability
insurer authorized to offer liability malpractice insurance in
the state.
(2) This section and RCW 43.70.470 shall not be
interpreted to require a liability insurer to provide coverage
to a primary care provider should the insurer determine that
coverage should not be offered to a physician [primary care
provider] because of past claims experience or for other
appropriate reasons.
(3) The state and its employees who operate the
program shall be immune from any civil or criminal action
involving claims against clinics or physicians [primary care
providers] that provided health care services under this
section and RCW 43.70.470. This protection of immunity
shall not extend to any clinic or primary care provider
participating in the program.
(4) The department may monitor the claims experience
of retired physicians [primary care providers] covered by
liability insurers contracting with the department.
(5) The department may provide liability insurance
under chapter 113, Laws of 1992 only to the extent funds
are provided for this purpose by the legislature. [1993 c 492
§ 276; 1992 c 113 § 2.]
Finding—1993 c 492: See note following RCW 28B.125.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Legislative declaration—1992 c 113: "There are a number of retired
physicians who wish to provide, or are providing, health care services to
low-income patients without compensation. However, the cost of obtaining
malpractice insurance is a burden that is deterring them from donating their
time and services in treating the health problems of the poor. The necessity
of maintaining malpractice insurance for those in practice is a significant
reality in today’s litigious society.
A program to alleviate the onerous costs of malpractice insurance for
retired physicians providing uncompensated health care services to lowincome patients will encourage philanthropy and augment state resources in
providing for the health care needs of those who have no access to basic
health care services.
An estimated sixteen percent of the nonelderly population do not have
health insurance and lack access to even basic health care services. This is
especially problematic for low-income persons who are young and who are
either unemployed or have entry-level jobs without health care benefits.
The majority of the uninsured, however, are working adults, and some
twenty-nine percent are children.
The legislature declares that this act will increase the availability of
primary care to low-income persons and is in the interest of the public
health and safety." [1992 c 113 § 1.]
(2002 Ed.)
Department of Health
43.70.470 Retired primary care provider liability
malpractice insurance—Conditions. The department may
establish by rule the conditions of participation in the
liability insurance program by retired primary care providers
at clinics utilizing retired physicians [primary care providers]
for the purposes of this section and RCW 43.70.460. These
conditions shall include, but not be limited to, the following:
(1) The participating primary care provider associated
with the clinic shall hold a valid license to practice as a
physician under chapter 18.71 or 18.57 RCW, a naturopath
under chapter 18.36A RCW, a physician assistant under
chapter 18.71A or 18.57A RCW, an advanced registered
nurse practitioner under *chapter 18.88 RCW, a dentist
under chapter 18.32 RCW, or other health professionals as
may be deemed in short supply in the health personnel
resource plan under chapter 28B.125 RCW. All primary
care providers must be in conformity with current requirements for licensure as a retired primary care provider,
including continuing education requirements;
(2) The participating primary care provider shall limit
the scope of practice in the clinic to primary care. Primary
care shall be limited to noninvasive procedures and shall not
include obstetrical care, or any specialized care and treatment. Noninvasive procedures include injections, suturing
of minor lacerations, and incisions of boils or superficial
abscesses. Primary dental care shall be limited to diagnosis,
oral hygiene, restoration, and extractions and shall not
include orthodontia, or other specialized care and treatment;
(3) The provision of liability insurance coverage shall
not extend to acts outside the scope of rendering medical
services pursuant to this section and RCW 43.70.460;
(4) The participating primary care provider shall limit
the provision of health care services to primarily low-income
persons provided that clinics may, but are not required to,
provide means tests for eligibility as a condition for obtaining health care services;
(5) The participating primary care provider shall not
accept compensation for providing health care services from
patients served pursuant to this section and RCW 43.70.460,
nor from clinics serving these patients. "Compensation"
shall mean any remuneration of value to the participating
primary care provider for services provided by the primary
care provider, but shall not be construed to include any
nominal copayments charged by the clinic, nor reimbursement of related expenses of a participating primary care
provider authorized by the clinic in advance of being
incurred; and
(6) The use of mediation or arbitration for resolving
questions of potential liability may be used, however any
mediation or arbitration agreement format shall be expressed
in terms clear enough for a person with a sixth grade level
of education to understand, and on a form no longer than
one page in length. [1993 c 492 § 277; 1992 c 113 § 3.]
*Reviser’s note: Chapter 18.88 RCW was repealed by 1994 sp.s. c
9 § 433, effective July 1, 1994.
Finding—1993 c 492: See note following RCW 28B.125.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Legislative declaration—1992 c 113: See note following RCW
43.70.460.
(2002 Ed.)
43.70.470
43.70.480 Emergency medical personnel—Futile
treatment and natural death directives—Guidelines. The
department of health shall adopt guidelines and protocols for
how emergency medical personnel shall respond when summoned to the site of an injury or illness for the treatment of
a person who has signed a written directive or durable power
of attorney requesting that he or she not receive futile
emergency medical treatment.
The guidelines shall include development of a simple
form that shall be used statewide. [2000 c 70 § 1; 1992 c
98 § 14.]
Application—Severability—1992 c 98: See RCW 70.122.915 and
70.122.920.
43.70.500 Health care services practice indicators
and risk management protocols. The department of health
shall consult with health care providers and facilities,
purchasers, health professional regulatory authorities under
RCW 18.130.040, appropriate research and clinical experts,
and consumers of health care services to identify specific
practice areas where practice indicators and risk management
protocols have been developed, including those that have
been demonstrated to be effective among persons of color.
Practice indicators shall be based upon expert consensus and
best available scientific evidence. The department shall:
(1) Develop a definition of expert consensus and best
available scientific evidence so that practice indicators can
serve as a standard for excellence in the provision of health
care services.
(2) Establish a process to identify and evaluate practice
indicators and risk management protocols as they are
developed by the appropriate professional, scientific, and
clinical communities.
(3) Recommend the use of practice indicators and risk
management protocols in quality assurance, utilization
review, or provider payment to the health services commission. [1993 c 492 § 410.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
43.70.510 Health care services coordinated quality
improvement program—Rules. (1)(a) Health care institutions and medical facilities, other than hospitals, that are
licensed by the department, professional societies or organizations, health care service contractors, health maintenance
organizations, health carriers approved pursuant to chapter
48.43 RCW, and any other person or entity providing health
care coverage under chapter 48.42 RCW that is subject to
the jurisdiction and regulation of any state agency or any
subdivision thereof may maintain a coordinated quality
improvement program for the improvement of the quality of
health care services rendered to patients and the identification and prevention of medical malpractice as set forth in
RCW 70.41.200.
(b) All such programs shall comply with the requirements of RCW 70.41.200(1)(a), (c), (d), (e), (f), (g), and (h)
as modified to reflect the structural organization of the
[Title 43 RCW—page 321]
43.70.510
Title 43 RCW: State Government—Executive
institution, facility, professional societies or organizations,
health care service contractors, health maintenance organizations, health carriers, or any other person or entity providing
health care coverage under chapter 48.42 RCW that is
subject to the jurisdiction and regulation of any state agency
or any subdivision thereof, unless an alternative quality
improvement program substantially equivalent to RCW
70.41.200(1)(a) is developed. All such programs, whether
complying with the requirement set forth in RCW
70.41.200(1)(a) or in the form of an alternative program,
must be approved by the department before the discovery
limitations provided in subsections (3) and (4) of this section
and the exemption under RCW 42.17.310(1)(hh) and
subsection (5) of this section shall apply. In reviewing plans
submitted by licensed entities that are associated with
physicians’ offices, the department shall ensure that the
exemption under RCW 42.17.310(1)(hh) and the discovery
limitations of this section are applied only to information and
documents related specifically to quality improvement
activities undertaken by the licensed entity.
(2) Health care provider groups of ten or more providers
may maintain a coordinated quality improvement program
for the improvement of the quality of health care services
rendered to patients and the identification and prevention of
medical malpractice as set forth in RCW 70.41.200. All
such programs shall comply with the requirements of RCW
70.41.200(1)(a), (c), (d), (e), (f), (g), and (h) as modified to
reflect the structural organization of the health care provider
group. All such programs must be approved by the department before the discovery limitations provided in subsections
(3) and (4) of this section and the exemption under RCW
42.17.310(1)(hh) and subsection (5) of this section shall
apply.
(3) Any person who, in substantial good faith, provides
information to further the purposes of the quality improvement and medical malpractice prevention program or who,
in substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil
damages or other relief as a result of such activity.
(4) Information and documents, including complaints
and incident reports, created specifically for, and collected,
and maintained by a quality improvement committee are not
subject to discovery or introduction into evidence in any
civil action, and no person who was in attendance at a
meeting of such committee or who participated in the
creation, collection, or maintenance of information or
documents specifically for the committee shall be permitted
or required to testify in any civil action as to the content of
such proceedings or the documents and information prepared
specifically for the committee. This subsection does not
preclude: (a) In any civil action, the discovery of the
identity of persons involved in the medical care that is the
basis of the civil action whose involvement was independent
of any quality improvement activity; (b) in any civil action,
the testimony of any person concerning the facts that form
the basis for the institution of such proceedings of which the
person had personal knowledge acquired independently of
such proceedings; (c) in any civil action by a health care
provider regarding the restriction or revocation of that
individual’s clinical or staff privileges, introduction into evidence information collected and maintained by quality
improvement committees regarding such health care provid[Title 43 RCW—page 322]
er; (d) in any civil action challenging the termination of a
contract by a state agency with any entity maintaining a
coordinated quality improvement program under this section
if the termination was on the basis of quality of care
concerns, introduction into evidence of information created,
collected, or maintained by the quality improvement committees of the subject entity, which may be under terms of a
protective order as specified by the court; (e) in any civil
action, disclosure of the fact that staff privileges were
terminated or restricted, including the specific restrictions
imposed, if any and the reasons for the restrictions; or (f) in
any civil action, discovery and introduction into evidence of
the patient’s medical records required by rule of the department of health to be made regarding the care and treatment
received.
(5) Information and documents created specifically for,
and collected and maintained by a quality improvement
committee are exempt from disclosure under chapter 42.17
RCW.
(6) The department of health shall adopt rules as are
necessary to implement this section. [1995 c 267 § 7; 1993
c 492 § 417.]
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
43.70.520 Public health services improvement plan.
(1) The legislature finds that the public health functions of
community assessment, policy development, and assurance
of service delivery are essential elements in achieving the
objectives of health reform in Washington state. The
legislature further finds that the population-based services
provided by state and local health departments are costeffective and are a critical strategy for the long-term containment of health care costs. The legislature further finds that
the public health system in the state lacks the capacity to
fulfill these functions consistent with the needs of a reformed
health care system.
(2) The department of health shall develop, in consultation with local health departments and districts, the state
board of health, the health services commission, area Indian
health service, and other state agencies, health services
providers, and citizens concerned about public health, a public health services improvement plan. The plan shall provide
a detailed accounting of deficits in the core functions of
assessment, policy development, assurance of the current
public health system, how additional public health funding
would be used, and describe the benefits expected from
expanded expenditures.
(3) The plan shall include:
(a) Definition of minimum standards for public health
protection through assessment, policy development, and
assurances:
(i) Enumeration of communities not meeting those
standards;
(ii) A budget and staffing plan for bringing all communities up to minimum standards;
(2002 Ed.)
Department of Health
(iii) An analysis of the costs and benefits expected from
adopting minimum public health standards for assessment,
policy development, and assurances;
(b) Recommended strategies and a schedule for improving public health programs throughout the state, including:
(i) Strategies for transferring personal health care
services from the public health system, into the uniform
benefits package where feasible; and
(ii) Timing of increased funding for public health
services linked to specific objectives for improving public
health; and
(c) A recommended level of dedicated funding for
public health services to be expressed in terms of a percentage of total health service expenditures in the state or a set
per person amount; such recommendation shall also include
methods to ensure that such funding does not supplant
existing federal, state, and local funds received by local
health departments, and methods of distributing funds among
local health departments.
(4) The department shall coordinate this planning
process with the study activities required in section 258,
chapter 492, Laws of 1993.
(5) By March 1, 1994, the department shall provide
initial recommendations of the public health services
improvement plan to the legislature regarding minimum
public health standards, and public health programs needed
to address urgent needs, such as those cited in subsection (7)
of this section.
(6) By December 1, 1994, the department shall present
the public health services improvement plan to the legislature, with specific recommendations for each element of the
plan to be implemented over the period from 1995 through
1997.
(7) Thereafter, the department shall update the public
health services improvement plan for presentation to the
legislature prior to the beginning of a new biennium.
(8) Among the specific population-based public health
activities to be considered in the public health services
improvement plan are: Health data assessment and chronic
and infectious disease surveillance; rapid response to
outbreaks of communicable disease; efforts to prevent and
control specific communicable diseases, such as tuberculosis
and acquired immune deficiency syndrome; health education
to promote healthy behaviors and to reduce the prevalence
of chronic disease, such as those linked to the use of
tobacco; access to primary care in coordination with existing
community and migrant health clinics and other not for
profit health care organizations; programs to ensure children
are born as healthy as possible and they receive immunizations and adequate nutrition; efforts to prevent intentional
and unintentional injury; programs to ensure the safety of
drinking water and food supplies; poison control; trauma
services; and other activities that have the potential to
improve the health of the population or special populations
and reduce the need for or cost of health services. [1993 c
492 § 467.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Additional contents: RCW 43.70.550.
(2002 Ed.)
43.70.520
43.70.525 Immunization assessment and enhancement proposals by local jurisdictions. (1) The department,
in conjunction with local health jurisdictions, shall require
each local health jurisdiction to submit an immunization
assessment and enhancement proposal, consistent with the
standards established in the public health [services] improvement plan, to provide immunization protection to the
children of the state to further reduce vaccine-preventable
diseases.
(2) These plans shall include, but not be limited to:
(a) A description of the population groups in the
jurisdiction that are in the greatest need of immunizations;
(b) A description of strategies to use outreach, volunteer, and other local educational resources to enhance
immunization rates; and
(c) A description of the capacity required to accomplish
the enhancement proposal.
(3) This section shall be implemented consistent with
available funding.
(4) The secretary shall report through the public health
[services] improvement plan to the health care and fiscal
committees of the legislature on the status of the program
and progress made toward increasing immunization rates in
population groups of greatest need. [1994 c 299 § 29.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
Immunization: RCW 28A.210.060.
43.70.530 Home visitor program. The department of
health, the department of social and health services, the
department of community, trade, and economic development,
the superintendent of public instruction, and the employment
security department shall, collectively and collaboratively,
develop a plan for a home health visitor program that shall
have as its primary purpose the prevention of child abuse
and neglect through the provision of selected educational and
supportive services to high risk parents of newborns.
(1) The program shall: (a) Be community-based; (b)
include early hospital-based screening to identify high risk
parents of newborns; (c) provide for an effective, in-home
outreach and support program for high risk parents of
newborns that involves: (i) Frequent home visits, (ii) parent
training on early childhood development, parenting, and the
stress factors that lead to abuse and neglect, and (iii)
referrals to needed social and health services; and (d)
demonstrate effective coordination among current community-based programs that may also serve high risk parents and
their infants, including child abuse prevention programs, first
steps, second steps, the early childhood education and assistance program, the healthy kids program, child welfare
services, the women, infants, and children program, the high
priority infant tracking program, the birth to six program,
local and state public health prevention and early intervention services, and other services as identified.
(2) The plan shall: (a) Include an estimate and a
description of the high risk groups to be served; (b) detail
the screening process and mechanisms to be used to identify
high risk parents; (c) detail the services to be included in the
in-home program; (d) describe staffing that may include the
use of teams of professionals, paraprofessionals, and volunteers; (e) describe how the program will be evaluated,
[Title 43 RCW—page 323]
43.70.530
Title 43 RCW: State Government—Executive
including the measurable outcomes to be achieved; and (f)
provide an estimate of the costs to fully implement the program statewide, and for possible consideration, a series of
pilot projects with a phased-in schedule. [1998 c 245 § 75;
1993 c 179 § 2.]
Intent—1993 c 179: "The incidence of child abuse and neglect has
reached epidemic proportions in the nation. In Washington state alone,
there were sixty-two thousand five hundred reports of child abuse and
neglect in 1991. That is one occurrence for every twenty-one children in
this state. Research shows that most reported cases of physical abuse and
neglect occurs among children under the age of five. Research also shows
that child abuse and neglect can be prevented. One of the most effective
strategies for preventing child abuse and neglect is to provide parents who
are most at risk of abuse, with education and supportive services beginning
at the time their infant is born and continuing in the home. Therefore, it is
the legislature’s intent to develop the home health visitor program in this
state." [1993 c 179 § 1.]
Effective date—1993 c 179: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 30, 1993]." [1993 c 179 § 3.]
43.70.540 Data collection—Legislative finding and
intent. The legislature recognizes that the state patrol, the
office of the administrator for the courts, the sheriffs’ and
police chiefs’ association, the department of social and health
services, the department of community, trade, and economic
development, the sentencing guidelines commission, the
department of corrections, and the superintendent of public
instruction each have comprehensive data and analysis
capabilities that have contributed greatly to our current
understanding of crime and violence, and their causes.
The legislature finds, however, that a single healthoriented agency must be designated to provide consistent
guidelines to all these groups regarding the way in which
their data systems collect this important data. It is not the
intent of the legislature by RCW 43.70.545 to transfer data
collection requirements from existing agencies or to require
the addition of major new data systems. It is rather the
intent to make only the minimum required changes in existing data systems to increase compatibility and comparability,
reduce duplication, and to increase the usefulness of data
collected by these agencies in developing more accurate
descriptions of violence. [1995 c 399 § 76; 1994 sp.s. c 7
§ 201.]
Legislative finding and intent—1994 sp.s. c 7: "The legislature
finds that the increasing violence in our society causes great concern for the
immediate health and safety of our citizens and our social institutions.
Youth violence is increasing at an alarming rate and young people between
the ages of fifteen and twenty-four are at the highest risk of being
perpetrators and victims of violence. Additionally, random violence,
including homicide and the use of firearms, has dramatically increased over
the last decade.
The legislature finds that violence is abhorrent to the aims of a free
society and that it cannot be tolerated. State efforts at reducing violence
must include changes in criminal penalties, reducing the unlawful use of and
access to firearms, increasing educational efforts to encourage nonviolent
means for resolving conflicts, and allowing communities to design their
prevention efforts.
The legislature finds that the problem of violence can be addressed
with many of the same approaches that public health programs have used
to control other problems such as infectious disease, tobacco use, and traffic
fatalities.
Addressing the problem of violence requires the concerted effort of all
communities and all parts of state and local governments. It is the
immediate purpose of chapter 7, Laws of 1994 sp. sess. to: (1) Prevent acts
of violence by encouraging change in social norms and individual behaviors
that have been shown to increase the risk of violence; (2) reduce the rate of
[Title 43 RCW—page 324]
at-risk children and youth, as defined in *RCW 70.190.010; (3) increase the
severity and certainty of punishment for youth and adults who commit
violent acts; (4) reduce the severity of harm to individuals when violence
occurs; (5) empower communities to focus their concerns and allow them
to control the funds dedicated to empirically supported preventive efforts in
their region; and (6) reduce the fiscal and social impact of violence on our
society." [1994 sp.s. c 7 § 101.]
*Reviser’s note: The governor vetoed 1994 sp.s. c 7 § 302, which
amended RCW 70.190.010 to define "at-risk children and youth." RCW
70.190.010 was subsequently amended by 1996 c 132 § 2, which now
includes a definition for "at-risk children."
Severability—1994 sp.s. c 7: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 sp.s. c 7 § 913.]
Effective dates—Contingent expiration date—1994 sp.s. c 7: "(1)
Sections 201 through 204, 302, 323, 411, 412, 417, and 418 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [April 6, 1994].
(2) Sections 904 through 908 of this act shall take effect July 1, 1995.
*(3) Notwithstanding other provisions of this section, if sections 901
through 909 of this act are referred to the voters at the next succeeding
general election and sections 901 through 909 of this act are rejected by the
voters, then the amendments by sections 510 through 512, 519, 521, 525,
and 527 of this act shall expire on July 1, 1995." [1994 sp.s. c 7 § 915
(Referendum Bill No. 43, subsection (3) approved November 8, 1994).]
*Reviser’s note: Sections 901 through 909, chapter 7, Laws of 1994
sp. sess. were approved and ratified by the voters on November 8, 1994, in
Referendum Bill No. 43. Therefore, the amendments to sections 510
through 512, 519, 521, 525, and 527, chapter 7, Laws of 1994 sp. sess. do
not expire on July 1, 1995.
43.70.545 Data collection and reporting rules. (1)
The department of health shall develop, based on recommendations in the public health services improvement plan and
in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating
to acts of violence, at-risk behaviors, and risk and protective
factors. The data collection and reporting rules shall be used
by any public or private entity that is required to report data
relating to these behaviors and conditions. The department
may require any agency or program that is state-funded or
that accepts state funds and any licensed or regulated person
or professional to report these behaviors and conditions. To
the extent possible the department shall require the reports
to be filed through existing data systems. The department
may also require reporting of attempted acts of violence and
of nonphysical injuries. For the purposes of this section
"acts of violence" means self-directed and interpersonal
behaviors that can result in suicide, homicide, and nonfatal
intentional injuries. "At-risk behaviors," "protective factors,"
and "risk factors" have the same meanings as provided in
RCW 70.190.010. A copy of the data used by a school
district to prepare and submit a report to the department shall
be retained by the district and, in the copy retained by the
district, identify the reported acts or behaviors by school site.
(2) The department is designated as the statewide
agency for the coordination of all information relating to
violence and other intentional injuries, at-risk behaviors, and
risk and protective factors.
(3) The department shall provide necessary data to the
local health departments for use in planning by or evaluation
of any community network authorized under RCW
70.190.060.
(2002 Ed.)
Department of Health
(4) The department shall by rule establish requirements
for local health departments to perform assessment related to
at-risk behaviors and risk and protective factors and to assist
community networks in policy development and in planning
and other duties under chapter 7, Laws of 1994 sp. sess.
(5) The department may, consistent with its general
authority and directives under RCW 43.70.540 through
43.70.560, contract with a college or university that has
experience in data collection relating to the health and
overall welfare of children to provide assistance to:
(a) State and local health departments in developing new
sources of data to track acts of violence, at-risk behaviors,
and risk and protective factors; and
(b) Local health departments to compile and effectively
communicate data in their communities. [1998 c 245 § 76;
1994 sp.s. c 7 § 202.]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
43.70.550 Public health services improvement
plan—Contents. The public health services improvement
plan developed under RCW 43.70.520 shall include:
(1) Minimum standards for state and local public health
assessment, performance measurement, policy development,
and assurance regarding social development to reduce at-risk
behaviors and risk and protective factors. The department in
the development of data collection and reporting requirements for the superintendent of public instruction, schools,
and school districts shall consult with the joint select
committee on education restructuring and local school
districts.
(2)(a) Measurable risk factors that are empirically linked
to violent criminal acts by juveniles, teen substance abuse,
teen pregnancy and male parentage, teen suicide attempts,
dropping out of school, child abuse or neglect, and domestic
violence; and
(b) An evaluation of other factors to determine whether
they are empirically related risk factors, such as: Out-ofhome placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills,
gang affiliation, lack of recreational or cultural opportunities,
school absenteeism, court-ordered parenting plans, physical,
emotional, or behavioral problems requiring special needs
assistance in K-12 schools, learning disabilities, and any
other possible factors.
(3) Data collection and analysis standards on at-risk
behaviors and risk and protective factors for use by the local
public health departments and the *state council and the
local community networks to ensure consistent and interchangeable data.
(4) Recommendations regarding any state or federal
statutory barriers affecting data collection or reporting.
The department shall provide an annual report to the
Washington state institute for public policy on the implementation of this section. [1994 sp.s. c 7 § 203.]
*Reviser’s note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204,
effective July 1, 1995.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
(2002 Ed.)
43.70.545
43.70.555 Assessment standards. The department, in
consultation with the family policy council created in chapter
70.190 RCW, shall establish, by rule, standards for local
health departments and networks to use in assessment,
performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent
criminal acts by juveniles, teen substance abuse, teen
pregnancy and male parentage, teen suicide attempts,
dropping out of school, child abuse or neglect, and domestic
violence. The standards shall be based on the standards set
forth in the public health services improvement plan as
required by RCW 43.70.550. [1998 c 245 § 77; 1994 sp.s.
c 7 § 204.]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
43.70.560 Media violence—Reporting reduction
efforts. The legislature encourages the use of a statewide
voluntary, socially responsible policy to reduce the emphasis,
amount, and type of violence in all public media. The
department shall develop a suggested reporting format for
use by the print, television, and radio media in reporting
their voluntary violence reduction efforts. Each area of the
public media may carry out the policy in whatever manner
that area deems appropriate. [1994 sp.s. c 7 § 205.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.70.570 Intent—1995 c 43. The legislature declares
its intent to implement the recommendations of the public
health improvement plan by initiating a program to provide
the public health system with the necessary capacity to
improve the health outcomes of the population of Washington state and establishing the methodology by which improvement in the health outcomes and delivery of public
health activities will be assessed. [1995 c 43 § 1.]
Severability—1995 c 43: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 43 § 14.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
43.70.575 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 43.70.570 through 43.70.580.
(1) "Capacity" means actions that public health jurisdictions must do as part of ongoing daily operations to adequately protect and promote health and prevent disease,
injury, and premature death. The public health improvement
plan identifies capacity necessary for assessment, policy development, administration, prevention, including promotion
and protection, and access and quality.
(2) "Department" means the department of health.
(3) "Local health jurisdiction" means the local health
agency, either county or multicounty, operated by local
government, with oversight and direction from a local board
of health, that provides public health services throughout a
defined geographic area.
(4) "Health outcomes" means long-term objectives that
define optimal, measurable, future levels of health status,
[Title 43 RCW—page 325]
43.70.575
Title 43 RCW: State Government—Executive
maximum acceptable levels of disease, injury, or dysfunction, or prevalence of risk factors in areas such as improving
the rate of immunizations for infants and children to ninety
percent and controlling and reducing the spread of tuberculosis and that are stated in the public health improvement plan.
(5) "Public health improvement plan," also known as the
public health services improvement plan, means the public
health services improvement plan established under RCW
43.70.520, developed by the department, in consultation with
local health departments and districts, the state board of
health, the health services commission, area Indian health
services, and other state agencies, health services providers,
and residents concerned about public health, to provide a
detailed accounting of deficits in the core functions of
assessment, policy development, and assurance of the current
public health system, how additional public health funding
would be used, and to describe the benefits expected from
expanded expenditures.
(6) "Public health" means activities that society does
collectively to assure the conditions in which people can be
healthy. This includes organized community efforts to
prevent, identify, preempt, and counter threats to the public’s
health.
(7) "Public health system" means the department, the
state board of health, and local health jurisdictions. [1995 c
43 § 2.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
43.70.580 Public health improvement plan—
Funds—Performance-based contracts—Rules—
Evaluation and report. The primary responsibility of the
public health system, is to take those actions necessary to
protect, promote, and improve the health of the population.
In order to accomplish this, the department shall:
(1) Identify, as part of the public health improvement
plan, the key health outcomes sought for the population and
the capacity needed by the public health system to fulfill its
responsibilities in improving health outcomes.
(2)(a) Distribute state funds that, in conjunction with
local revenues, are intended to improve the capacity of the
public health system. The distribution methodology shall
encourage system-wide effectiveness and efficiency and
provide local health jurisdictions with the flexibility both to
determine governance structures and address their unique
needs.
(b) Enter into with each local health jurisdiction
performance-based contracts that establish clear measures of
the degree to which the local health jurisdiction is attaining
the capacity necessary to improve health outcomes. The
contracts negotiated between the local health jurisdictions
and the department of health must identify the specific
measurable progress that local health jurisdictions will make
toward achieving health outcomes. A community assessment
conducted by the local health jurisdiction according to the
public health improvement plan, which shall include the
results of the comprehensive plan prepared according to
RCW 70.190.130, will be used as the basis for identifying
the health outcomes. The contracts shall include provisions
to encourage collaboration among local health jurisdictions.
[Title 43 RCW—page 326]
State funds shall be used solely to expand and complement,
but not to supplant city and county government support for
public health programs.
(3) Develop criteria to assess the degree to which
capacity is being achieved and ensure compliance by public
health jurisdictions.
(4) Adopt rules necessary to carry out the purposes of
chapter 43, Laws of 1995.
(5) Biennially, within the public health improvement
plan, evaluate the effectiveness of the public health system,
assess the degree to which the public health system is
attaining the capacity to improve the status of the public’s
health, and report progress made by each local health
jurisdiction toward improving health outcomes. [1995 c 43
§ 3.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
43.70.590 American Indian health care delivery plan. Consistent
with funds appropriated specifically for this purpose, the department shall
establish in conjunction with the area Indian health services system and
providers an advisory group comprised of Indian and non-Indian health care
facilities and providers to formulate an American Indian health care delivery
plan. The plan shall include:
(1) Recommendations to providers and facilities methods for
coordinating and joint venturing with the Indian health services for service
delivery;
(2) Methods to improve American Indian-specific health programming;
and
(3) Creation of co-funding recommendations and opportunities for the
unmet health services programming needs of American Indians. [1995 c 43
§ 4; 1993 c 492 § 468. Formerly RCW 41.05.240.]
Reviser’s note: RCW 41.05.240 was amended and recodified as
RCW 43.70.590 by 1995 c 43 without cognizance of the repeal by 1995 1st
sp.s. c 6 § 9. For rule of construction concerning sections amended and
repealed in the same legislative session, see RCW 1.12.025.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
43.70.600 Survey regarding exposure to radio
frequencies—Results. When funds are appropriated for this
purpose, the department shall conduct a survey of scientific
literature regarding the possible health effects of human
exposure to the radio frequency part of the electromagnetic
spectrum (300Hz to 300GHz). The department may submit
the survey results to the legislature, prepare a summary of
that survey, and make the summary available to the public.
The department may update the survey and summary
periodically. [1998 c 245 § 78; 1996 c 323 § 6.]
Findings—1996 c 323: "The legislature finds that concerns have been
raised over possible health effects from exposure to some wireless
telecommunications facilities, and that exposures from these facilities should
be kept as low as reasonably achievable while still allowing the operation
of these networks. The legislature further finds that the department of
health should serve as the state agency that follows the issues and compiles
information pertaining to potential health effects from wireless telecommunications facilities." [1996 c 323 § 1.]
43.70.605 Personal wireless services—Random
testing on power density analysis—Rules. Unless this
(2002 Ed.)
Department of Health
section is preempted by applicable federal statutes, the
department may require that in residential zones or areas, all
providers of personal wireless services, as defined in
*section 1 of this act, provide random test results on power
density analysis for the provider’s licensed frequencies
showing radio frequency levels before and after development
of the personal wireless service antenna facilities, following
national standards or protocols of the federal communications commission or other federal agencies. This section
shall not apply to microcells as defined in RCW 80.36.375.
The department may adopt rules to implement this section.
[1996 c 323 § 7.]
*Reviser’s note: The reference to section 1 of this act is erroneous.
Section 2 of the act, codified as RCW 43.21C.0384, was apparently
intended.
Findings—1996 c 323: See note following RCW 43.70.600.
43.70.610 Domestic violence education program—
Established—Findings. The legislature finds that domestic
violence is the leading cause of injury among women and is
linked to numerous health problems, including depression,
abuse of alcohol and other drugs, and suicide. Despite the
frequency of medical attention, few people are diagnosed as
victims of spousal abuse. The department, in consultation
with the disciplinary authorities as defined in RCW
18.130.040, shall establish, within available department
general funds, an ongoing domestic violence education
program as an integral part of its health professions regulation. The purpose of the education program is to raise
awareness and educate health care professionals regarding
the identification, appropriate treatment, and appropriate
referral of victims of domestic violence. The disciplinary
authorities having the authority to offer continuing education
may provide training in the dynamics of domestic violence.
No funds from the health professions account may be
utilized to fund activities under this section unless the
disciplinary authority authorizes expenditures from its
proportions of the account. A disciplinary authority may
defray costs by authorizing a fee to be charged for participants or materials relating to any sponsored program. [1996
c 191 § 89.]
43.70.620 List of contacts—Health care professions.
The secretary shall create and maintain a list of contacts with
each of the health care professions regulated under the
following chapters for the purpose of policy advice and
information dissemination: RCW 18.06.080, 18.89.050, and
18.138.070 and chapters 18.135, 18.55, and 18.88A RCW.
[1999 c 151 § 402.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
43.70.630 Cost-reimbursement agreements for
complex projects. (1) The department may enter into a
written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the
reasonable costs incurred by the department in carrying out
the requirements of this chapter, as well as the requirements
of other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies,
and permit processing.
(2002 Ed.)
43.70.605
The cost-reimbursement agreement shall identify the specific
tasks, costs, and schedule for work to be conducted under
the agreement. For purposes of this section, a complex
project is a project for which an environmental impact
statement is required under chapter 43.21C RCW.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions
of a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and
not by the consultant. The department shall make an
estimate of the number of permanent staff hours to process
the permits, and shall contract with consultants to replace the
time and functions committed by these permanent staff to the
project. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that
provides for progress payments. Use of cost-reimbursement
agreements shall not reduce the current level of staff
available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds
under a cost-reimbursement agreement to replace or supplant
existing funding. The restrictions of chapter 42.52 RCW
apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2005. The
department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005,
until the project is completed. [2000 c 251 § 4.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
43.70.640 Workplace breastfeeding policies—Infantfriendly designation. (1) An employer may use the
designation "infant-friendly" on its promotional materials if
the employer has an approved workplace breastfeeding
policy addressing at least the following:
(a) Flexible work scheduling, including scheduling
breaks and permitting work patterns that provide time for
expression of breast milk;
(b) A convenient, sanitary, safe, and private location,
other than a restroom, allowing privacy for breastfeeding or
expressing breast milk;
(c) A convenient clean and safe water source with
facilities for washing hands and rinsing breast-pumping
equipment located in the private location specified in (b) of
this subsection; and
(d) A convenient hygienic refrigerator in the workplace
for the mother’s breast milk.
(2) Employers seeking approval of a workplace
breastfeeding policy must submit the policy to the department of health. The department of health shall review and
approve those policies that meet the requirements of this
[Title 43 RCW—page 327]
43.70.640
Title 43 RCW: State Government—Executive
section. The department may directly develop and implement the criteria for "infant-friendly" employers, or contract
with a vendor for this purpose.
(3) For the purposes of this section, "employer" includes
those employers defined in RCW 49.12.005 and also
includes the state, state institutions, state agencies, political
subdivisions of the state, and municipal corporations or quasi-municipal corporations. [2001 c 88 § 3.]
Acknowledgment—Declaration—Findings—2001 c 88: "(1) The
legislature acknowledges the surgeon general’s summons to all sectors of
society and government to help redress the low breastfeeding rates and
duration in the United States, including the social and workplace factors that
can make it difficult for women to breastfeed. The legislature also
acknowledges the surgeon general’s report on the health and economic
importance of breastfeeding which concludes that:
(a) Breastfeeding is one of the most important contributors to infant
health;
(b) Breastfeeding provides a range of benefits for the infant’s growth,
immunity, and development; and
(c) Breastfeeding improves maternal health and contributes economic
benefits to the family, health care system, and workplace.
(2) The legislature declares that the achievement of optimal infant and
child health, growth, and development requires protection and support for
the practice of breastfeeding. The legislature finds that:
(a) The American academy of pediatrics recommends exclusive
breastfeeding for the first six months of a child’s life and breastfeeding with
the addition of solid foods to continue for at least twelve months, and that
arrangements be made to provide expressed breast milk if the mother and
child must separate during the first year. Children should be breastfed or
fed expressed breast milk when they show signs of need, rather than
according to a set schedule or the location;
(b) Breast milk contains all the nutrients a child needs for optimal
health, growth, and development, many of which can only be found in
breast milk;
(c) Research in developed countries provides strong evidence that
breastfeeding decreases the incidence and/or severity of diarrhea, lower
respiratory tract infection, otitis media, bacteremia, bacterial meningitis,
urinary tract infection, and necrotizing enterocolitis. In addition, a number
of studies show a possible protective effect of breastfeeding against SIDS,
Type I diabetes mellitus, Crohn’s disease, lymphoma, ulcerative colitis, and
allergic diseases;
(d) Studies also indicate health benefits in mothers who breastfeed.
Breastfeeding is one of the few ways that mothers may be able to lower
their risk of developing breast and ovarian cancer, with benefits proportional
to the duration that they are able to breastfeed. In addition, the maternal
hormonal changes stimulated by breastfeeding also help the uterus recover
faster and minimize the amount of blood mothers lose after birth.
Breastfeeding inhibits ovulation and menstrual bleeding, thereby decreasing
the risk of anemia and a precipitous subsequent pregnancy. Breastfeeding
women also have an earlier return to prepregnancy weight;
(e) Approximately two-thirds of women who are employed when they
become pregnant return to the work force by the time their children are six
months old;
(f) Employers benefit when their employees breastfeed. Breastfed
infants are sick less often; therefore, maternal absenteeism from work is
lower in companies with established lactation programs. In addition,
employee medical costs are lower and employee productivity is higher;
(g) According to a survey of mothers in Washington, most want to
breastfeed but discontinue sooner than they hope, citing lack of societal and
workplace support as key factors limiting their ability to breastfeed;
(h) Many mothers fear that they are not making enough breast milk
and therefore decrease or discontinue breastfeeding. Frequency of
breastfeeding or expressing breast milk is the main regulator of milk supply,
such that forcing mothers to go prolonged periods without breastfeeding or
expressing breast milk can undermine their ability to maintain breastfeeding;
and
(i) Maternal stress can physiologically inhibit a mother’s ability to
produce and let down milk. Mothers report modifiable sources of stress
related to breastfeeding, including lack of protection from harassment and
difficulty finding time and an appropriate location to express milk while
away from their babies.
(3) The legislature encourages state and local governmental agencies,
and private and public sector businesses to consider the benefits of
[Title 43 RCW—page 328]
providing convenient, sanitary, safe, and private rooms for mothers to
express breast milk." [2001 c 88 § 1.]
43.70.650 School sealant endorsement program—
Rules—Fee—Report to the legislature. The secretary is
authorized to create a school sealant endorsement program
for dental hygienists and dental assistants. The secretary of
health, in consultation with the dental quality assurance
commission and the dental hygiene examining committee,
shall adopt rules to implement this section.
(1) A dental hygienist licensed in this state after April
19, 2001, is eligible to apply for endorsement by the
department of health as a school sealant dental hygienist
upon completion of the Washington state school sealant
endorsement program. While otherwise authorized to act,
currently licensed hygienists may still elect to apply for the
endorsement.
(2) A dental assistant employed after April 19, 2001, by
a dentist licensed in this state, who has worked under dental
supervision for at least two hundred hours, is eligible to
apply for endorsement by the department of health as a
school sealant dental assistant upon completion of the
Washington state school sealant endorsement program.
While otherwise authorized to act, currently employed dental
assistants may still elect to apply for the endorsement.
(3) The department may impose a fee for implementation of this section.
(4) The secretary shall provide a report to the legislature
by December 1, 2005, evaluating the outcome of chapter 93,
Laws of 2001. [2001 c 93 § 2.]
Findings—Intent—2001 c 93: "The legislature finds that access to
preventive and restorative oral health services by low-income children is
currently restricted by complex regulatory, financial, cultural, and geographic barriers that have resulted in a large number of children suffering
unnecessarily from dental disease. The legislature also finds that very early
exposure to oral health care can reverse this disease in many cases, thereby
significantly reducing costs of providing dental services to low-income
populations.
It is the intent of the legislature to address the problem of poor access
to oral health care by providing for school-based sealant programs through
the endorsement of dental hygienists." [2001 c 93 § 1.]
Effective date—2001 c 93: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 93 § 5.]
43.70.660 Product safety education. (1) The
legislature authorizes the secretary to establish and maintain
a product safety education campaign to promote greater
awareness of products designed to be used by infants and
children, excluding toys, that:
(a) Are recalled by the United States consumer products
safety commission;
(b) Do not meet federal safety regulations and voluntary
safety standards; or
(c) Are unsafe or illegal to place into the stream of
commerce under the infant crib safety act, chapter 70.111
RCW.
(2) The department shall make reasonable efforts to
ensure that this infant and children product safety education
campaign reaches the target population. The target population for this campaign includes, but is not limited to, parents,
foster parents and other caregivers, child care providers,
consignment and resale stores selling infant and child
(2002 Ed.)
Department of Health
products, and charitable and governmental entities serving
infants, children, and families.
(3) The secretary may utilize a combination of methods
to achieve this outreach and education goal, including but
not limited to print and electronic media. The secretary may
operate the campaign or may contract with a vendor.
(4) The department shall coordinate this infant and
children product safety education campaign with childserving entities including, but not limited to, hospitals,
birthing centers, midwives, pediatricians, obstetricians,
family practice physicians, governmental and private entities
serving infants, children, and families, and relevant manufacturers.
(5) The department shall coordinate with other agencies
and entities to eliminate duplication of effort in disseminating infant and children consumer product safety information.
(6) The department may receive funding for this infant
and children product safety education effort from federal,
state, and local governmental entities, child-serving foundations, or other private sources. [2001 c 257 § 2.]
Findings—Intent—2001 c 257: "(1) The legislature finds that infants
and children in Washington are injured, sometimes fatally, by unsafe
consumer products designed for use by infants and children.
(2) The legislature finds that parents and other persons responsible for
the care of infants and children are often unaware that some of these
consumer products have been recalled or are unsafe.
(3) The legislature intends to address this lack of awareness by
establishing a statewide infant and children product safety campaign across
Washington state." [2001 c 257 § 1.]
43.70.900 References to the secretary or department
of social and health services—1989 1st ex.s. c 9. All
references to the secretary or department of social and health
services in the Revised Code of Washington shall be
construed to mean the secretary or department of health
when referring to the functions transferred in RCW
43.70.080, *15.36.005, 18.104.005, 19.32.005,
**28A.210.005, 43.83B.005, 43.99D.005, 43.99E.005,
***70.05.005, 70.08.005, ***70.12.005, 70.22.005,
70.24.005, 70.40.005, 70.41.005, and 70.54.005. [1990 c 33
§ 580; 1989 1st ex.s. c 9 § 801.]
Reviser’s note: *(1) RCW 15.36.005 was recodified as RCW
15.36.471 pursuant to 1994 c 143 § 514.
**(2) RCW 28A.210.005 was repealed by 1995 c 335 § 307.
***(3) RCW 70.05.005 and 70.12.005 were repealed by 1993 c 492
§ 257, effective July 1, 1995.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
43.70.901 References to the director or department
of licensing—1989 1st ex.s. c 9. All references to the
director of licensing or department of licensing in the
Revised Code of Washington shall be construed to mean the
secretary or department of health when referring to the
functions transferred in RCW 43.70.220. [1989 1st ex.s. c
9 § 802.]
43.70.902 References to the hospital commission—
1989 1st ex.s. c 9. All references to the hospital commission in the Revised Code of Washington shall be construed
to mean the secretary or the department of health. [1989 1st
ex.s. c 9 § 803.]
(2002 Ed.)
43.70.660
43.70.910 Effective date—1989 1st ex.s. c 9. This
act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July
1, 1989. [1989 1st ex.s. c 9 § 825.]
43.70.920 Severability—1989 1st ex.s. c 9. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 1st ex.s. c 9 § 826.]
Chapter 43.72
HEALTH SYSTEM REFORM—
HEALTH SERVICES COMMISSION
Sections
43.72.011
43.72.090
43.72.180
43.72.300
43.72.310
43.72.860
43.72.900
43.72.902
43.72.904
43.72.906
43.72.910
43.72.911
43.72.912
43.72.913
43.72.914
43.72.915
43.72.916
Definitions.
Uniform or supplemental benefits—Provision by certified
health plan only—Uniform benefits package as minimum.
Legislative approval—Uniform benefits package and medical risk adjustment mechanisms.
Managed competition—Findings and intent.
Managed competition—Competitive oversight—Attorney
general duties—Anti-trust immunity—Fees.
Managed care pilot projects.
Health services account.
Public health services account.
Health system capacity account.
Personal health services account.
Short title—1993 c 492.
Severability—1993 c 492.
Savings—1993 c 492.
Captions not law—1993 c 492.
Reservation of legislative power—1993 c 492.
Effective dates—1993 c 492.
Effective date—1993 c 494.
43.72.011 Definitions. As used in this chapter,
"health carrier," "health care provider," "provider," "health
plan," and "health care facility" have the same meaning as
provided in RCW 48.43.005. [1997 c 274 § 5.]
Effective date—1997 c 274: See note following RCW 41.05.021.
43.72.090 Uniform or supplemental benefits—Provision by
certified health plan only—Uniform benefits package as minimum. (1)
On and after December 31, 1995, no person or entity in this state shall
provide the uniform benefits package and supplemental benefits as defined
in *RCW 43.72.010 without being certified as a certified health plan by the
insurance commissioner.
(2) On and after December 31, 1995, no certified health plan may
offer less than the uniform benefits package to residents of this state and no
registered employer health plan may provide less than the uniform benefits
package to its employees and their dependents.
(3) The health services commission may authorize renewal or
continuation until December 31, 1996, of health care service contracts,
disability group insurance, or health maintenance policies in effect on
December 31, 1995. [1995 c 2 § 1; 1993 c 492 § 427.]
Reviser’s note: *(1) RCW 43.72.010 was repealed by 1995 c 265 §
27, effective July 1, 1995.
(2) RCW 43.72.090 was also repealed by 1995 c 265 § 27 without
cognizance of its amendment by 1995 c 2 § 1. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
Effective date—1995 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
[Title 43 RCW—page 329]
43.72.090
Title 43 RCW: State Government—Executive
government and its existing public institutions, and shall take effect
immediately [February 3, 1995]." [1995 c 2 § 5.]
Certification: Chapter 48.43 RCW.
43.72.090 Uniform or supplemental benefits—Provision by
certified health plan only—Uniform benefits package as minimum.
[1993 c 492 § 427.] Repealed by 1995 c 265 § 27, effective July 1, 1995.
Reviser’s note: RCW 43.72.090 was also amended by 1995 c 2 § 1
without cognizance of its repeal by 1995 c 265 § 27. For rule of construction concerning sections amended and repealed in the same legislative
session, see RCW 1.12.025.
43.72.180 Legislative approval—Uniform benefits package and
medical risk adjustment mechanisms. The legislature may disapprove of
the uniform benefits package developed under *RCW 43.72.130 and
medical risk adjustment mechanisms developed under **RCW 43.72.040(7)
by an act of law at any time prior to the last day of the following regular
legislative session. If such disapproval action is taken, the commission shall
resubmit a modified package to the legislature within fifteen days of the
disapproval. If the legislature does not disapprove or modify the package
by an act of law by the end of that regular session, the package is deemed
approved. [1995 c 2 § 2; 1993 c 492 § 454.]
Reviser’s note: *(1) RCW 43.72.130 was repealed by 1995 c 265 §
27, effective July 1, 1995.
**(2) RCW 43.72.040 was repealed by 1995 c 265 § 27, effective July
1, 1995.
(3) RCW 43.72.180 was also repealed by 1995 c 265 § 27 without
cognizance of its amendment by 1995 c 2 § 2. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
Effective date—1995 c 2: See note following RCW 43.72.090.
43.72.180 Legislative approval—Uniform benefits package and
medical risk adjustment mechanisms. [1993 c 492 § 454.] Repealed by
1995 c 265 § 27, effective July 1, 1995.
Reviser’s note: RCW 43.72.180 was also amended by 1995 c 2 § 2
without cognizance of its repeal by 1995 c 265 § 27. For rule of construction concerning sections amended and repealed in the same legislative
session, see RCW 1.12.025.
43.72.300 Managed competition—Findings and
intent. (1) The legislature recognizes that competition
among health care providers, facilities, payers, and purchasers will yield the best allocation of health care resources, the
lowest prices for health care services, and the highest quality
of health care when there exists a large number of buyers
and sellers, easily comparable health plans and services,
minimal barriers to entry and exit into the health care market, and adequate information for buyers and sellers to base
purchasing and production decisions. However, the legislature finds that purchasers of health care services and health
care coverage do not have adequate information upon which
to base purchasing decisions; that health care facilities and
providers of health care services face legal and market
disincentives to develop economies of scale or to provide the
most cost-efficient and efficacious service; that health
insurers, contractors, and health maintenance organizations
face market disincentives in providing health care coverage
to those Washington residents with the most need for health
care coverage; and that potential competitors in the provision
of health care coverage bear unequal burdens in entering the
market for health care coverage.
(2) The legislature therefore intends to exempt from
state anti-trust laws, and to provide immunity from federal
anti-trust laws through the state action doctrine for activities
approved under this chapter that might otherwise be con[Title 43 RCW—page 330]
strained by such laws and intends to displace competition in
the health care market: To contain the aggregate cost of
health care services; to promote the development of comprehensive, integrated, and cost-effective health care delivery
systems through cooperative activities among health care
providers and facilities; to promote comparability of health
care coverage; to improve the cost-effectiveness in providing
health care coverage relative to health promotion, disease
prevention, and the amelioration or cure of illness; to assure
universal access to a publicly determined, uniform package
of health care benefits; and to create reasonable equity in the
distribution of funds, treatment, and medical risk among purchasers of health care coverage, payers of health care
services, providers of health care services, health care
facilities, and Washington residents. To these ends, any
lawful action taken pursuant to chapter 492, Laws of 1993
by any person or entity created or regulated by chapter 492,
Laws of 1993 are declared to be taken pursuant to state
statute and in furtherance of the public purposes of the state
of Washington.
(3) The legislature does not intend and unless explicitly
permitted in accordance with RCW 43.72.310 or under rules
adopted pursuant to chapter 492, Laws of 1993, does not
authorize any person or entity to engage in activities or to
conspire to engage in activities that would constitute per se
violations of state and federal anti-trust laws including but
not limited to conspiracies or agreements:
(a) Among competing health care providers not to grant
discounts, not to provide services, or to fix the price of their
services;
(b) Among health carriers as to the price or level of
reimbursement for health care services;
(c) Among health carriers to boycott a group or class of
health care service providers;
(d) Among purchasers of health plan coverage to
boycott a particular plan or class of plans;
(e) Among health carriers to divide the market for
health care coverage; or
(f) Among health carriers and purchasers to attract or
discourage enrollment of any Washington resident or groups
of residents in a health plan based upon the perceived or
actual risk of loss in including such resident or group of
residents in a health plan or purchasing group. [1997 c 274
§ 6; 1993 c 492 § 447.]
Effective date—1997 c 274: See note following RCW 41.05.021.
43.72.310 Managed competition—Competitive
oversight—Attorney general duties—Anti-trust immunity—Fees. (1) A health carrier, health care facility, health
care provider, or other person involved in the development,
delivery, or marketing of health care or health plans may
request, in writing, that the department of health obtain an
informal opinion from the attorney general as to whether
particular conduct is authorized by chapter 492, Laws of
1993. Trade secret or proprietary information contained in
a request for informal opinion shall be identified as such and
shall not be disclosed other than to an authorized employee
of the department of health or attorney general without the
consent of the party making the request, except that information in summary or aggregate form and market share data
may be contained in the informal opinion issued by the
(2002 Ed.)
Health System Reform—Health Services Commission
attorney general. The attorney general shall issue such
opinion within thirty days of receipt of a written request for
an opinion or within thirty days of receipt of any additional
information requested by the attorney general necessary for
rendering an opinion unless extended by the attorney general
for good cause shown. If the attorney general concludes that
such conduct is not authorized by chapter 492, Laws of
1993, the person or organization making the request may
petition the department of health for review and approval of
such conduct in accordance with subsection (3) of this
section.
(2) After obtaining the written opinion of the attorney
general and consistent with such opinion, the department of
health:
(a) May authorize conduct by a health carrier, health
care facility, health care provider, or any other person that
could tend to lessen competition in the relevant market upon
a strong showing that the conduct is likely to achieve the
policy goals of chapter 492, Laws of 1993 and a more
competitive alternative is impractical;
(b) Shall adopt rules governing conduct among providers, health care facilities, and health carriers including rules
governing provider and facility contracts with health carriers,
rules governing the use of "most favored nation" clauses and
exclusive dealing clauses in such contracts, and rules
providing that health carriers in rural areas contract with a
sufficient number and type of health care providers and
facilities to ensure consumer access to local health care
services;
(c) Shall adopt rules permitting health care providers
within the service area of a plan to collectively negotiate the
terms and conditions of contracts with a health carrier
including the ability of providers to meet and communicate
for the purposes of these negotiations;
(d) Shall adopt rules governing cooperative activities
among health care facilities and providers; and
(e) Effective July 1, 1997, in addition to the rule-making
authority granted to the department under this section, the
department shall have the authority to enforce and administer
rules previously adopted by the health services commission
and the health care policy board pursuant to RCW 43.72.310.
(3) A health carrier, health care facility, health care
provider, or any other person involved in the development,
delivery, and marketing of health care services or health
plans may file a written petition with the department of
health requesting approval of conduct that could tend to
lessen competition in the relevant market. Such petition
shall be filed in a form and manner prescribed by rule of the
department of health.
The department of health shall issue a written decision
approving or denying a petition filed under this section
within ninety days of receipt of a properly completed written
petition unless extended by the department of health for
good cause shown. The decision shall set forth findings as
to benefits and disadvantages and conclusions as to whether
the benefits outweigh the disadvantages.
(4) In authorizing conduct and adopting rules of conduct
under this section, the department of health with the advice
of the attorney general, shall consider the benefits of such
conduct in furthering the goals of health care reform including but not limited to:
(2002 Ed.)
43.72.310
(a) Enhancement of the quality of health services to
consumers;
(b) Gains in cost efficiency of health services;
(c) Improvements in utilization of health services and
equipment;
(d) Avoidance of duplication of health services resources; or
(e) And as to (b) and (c) of this subsection: (i) Facilitates the exchange of information relating to performance
expectations; (ii) simplifies the negotiation of delivery
arrangements and relationships; and (iii) reduces the transactions costs on the part of health carriers and providers in
negotiating more cost-effective delivery arrangements.
These benefits must outweigh disadvantages including
and not limited to:
(i) Reduced competition among health carriers, health
care providers, or health care facilities;
(ii) Adverse impact on quality, availability, or price of
health care services to consumers; or
(iii) The availability of arrangements less restrictive to
competition that achieve the same benefits.
(5) Conduct authorized by the department of health shall
be deemed taken pursuant to state statute and in the furtherance of the public purposes of the state of Washington.
(6) With the assistance of the attorney general’s office,
the department of health shall actively supervise any conduct
authorized under this section to determine whether such
conduct or rules permitting certain conduct should be
continued and whether a more competitive alternative is
practical. The department of health shall periodically review
petitioned conduct through, at least, annual progress reports
from petitioners, annual or more frequent reviews by the
department of health that evaluate whether the conduct is
consistent with the petition, and whether the benefits
continue to outweigh any disadvantages. If the department
of health determines that the likely benefits of any conduct
approved through rule, petition, or otherwise by the department of health no longer outweigh the disadvantages
attributable to potential reduction in competition, the department of health shall order a modification or discontinuance
of such conduct. Conduct ordered discontinued by the
department of health shall no longer be deemed to be taken
pursuant to state statute and in the furtherance of the public
purposes of the state of Washington.
(7) Nothing contained in chapter 492, Laws of 1993 is
intended to in any way limit the ability of rural hospital
districts to enter into cooperative agreements and contracts
pursuant to RCW 70.44.450 and chapter 39.34 RCW.
(8) The secretary of health shall from time to time
establish fees to accompany the filing of a petition or a
written request to the department to obtain an opinion from
the attorney general under this section and for the active
supervision of conduct approved under this section. Such
fees may vary according to the size of the transaction
proposed in the petition or under active supervision. In
setting such fees, the secretary shall consider that consumers
and the public benefit when activities meeting the standards
of this section are permitted to proceed; the importance of
assuring that persons sponsoring beneficial activities are not
foreclosed from filing a petition under this section because
of the fee; and the necessity to avoid a conflict, or the
appearance of a conflict, between the interests of the
[Title 43 RCW—page 331]
43.72.310
Title 43 RCW: State Government—Executive
department and the public. The total fee for a petition under
this section, a written request to the department to obtain an
opinion from the attorney general, or a combination of both
regarding the same conduct shall not exceed the level that
will defray the reasonable costs the department and attorney
general incur in considering a petition and in no event shall
be greater than twenty-five thousand dollars. The fee for
review of approved conduct shall not exceed the level that
will defray the reasonable costs the department and attorney
general incur in conducting such a review and in no event
shall be greater than ten thousand dollars per annum. The
fees shall be fixed by rule adopted in accordance with the
provisions of the administrative procedure act, chapter 34.05
RCW, and shall be deposited in the health professions
account established in accordance with RCW 43.70.320.
[1997 c 274 § 7; 1995 c 267 § 8; 1993 c 492 § 448.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.72.860 Managed care pilot projects. (1) The
department of labor and industries, in consultation with the
workers’ compensation advisory committee, may conduct
pilot projects to purchase medical services for injured
workers through managed care arrangements. The projects
shall assess the effects of managed care on the cost and
quality of, and employer and employee satisfaction with,
medical services provided to injured workers.
(2) The pilot projects may be limited to specific
employers. The implementation of a pilot project shall be
conditioned upon a participating employer and a majority of
its employees, or, if the employees are represented for
collective bargaining purposes, the exclusive bargaining
representative, voluntarily agreeing to the terms of the pilot.
Unless the project is terminated by the department, both the
employer and employees are bound by the project agreements for the duration of the project.
(3) Solely for the purpose and duration of a pilot
project, the specific requirements of Title 51 RCW that are
identified by the department as otherwise prohibiting
implementation of the pilot project shall not apply to the
participating employers and employees to the extent necessary for conducting the project. Managed care arrangements
for the pilot projects may include the designation of doctors
responsible for the care delivered to injured workers participating in the projects.
(4) The projects shall conclude no later than January 1,
1997. [1998 c 245 § 79; 1995 c 81 § 2; 1993 c 492 § 486.]
43.72.900 Health services account. (1) The health
services account is created in the state treasury. Moneys in
the account may be spent only after appropriation. Subject
to the transfers described in subsection (3) of this section,
moneys in the account may be expended only for maintaining and expanding health services access for low-income
residents, maintaining and expanding the public health
system, maintaining and improving the capacity of the health
care system, containing health care costs, and the regulation,
planning, and administering of the health care system.
[Title 43 RCW—page 332]
(2) Funds deposited into the health services account
under RCW 82.24.028 and 82.26.028 shall be used solely as
follows:
(a) Five million dollars for the state fiscal year beginning July 1, 2002, and five million dollars for the state fiscal
year beginning July 1, 2003, shall be appropriated by the
legislature for programs that effectively improve the health
of low-income persons, including efforts to reduce diseases
and illnesses that harm low-income persons. The department
of health shall submit a report to the legislature on March 1,
2002, evaluating the cost-effectiveness of programs that
improve the health of low-income persons and address
diseases and illnesses that disproportionately affect low-income persons, and making recommendations to the legislature on which of these programs could most effectively
utilize the funds appropriated under this subsection.
(b) Ten percent of the funds deposited into the health
services account under RCW 82.24.028 and 82.26.028
remaining after the appropriation under (a) of this subsection
shall be transferred no less frequently than annually by the
treasurer to the tobacco prevention and control account
established by RCW 43.79.480. The funds transferred shall
be used exclusively for implementation of the Washington
state tobacco prevention and control plan and shall be used
only to supplement, and not supplant, funds in the tobacco
prevention and control account as of January 1, 2001,
however, these funds may be used to replace funds appropriated by the legislature for further implementation of the
Washington state tobacco prevention and control plan for the
biennium beginning July 1, 2001. For each state fiscal year
beginning on and after July 1, 2002, the legislature shall
appropriate no less than twenty-six million two hundred forty
thousand dollars from the tobacco prevention and control
account for implementation of the Washington state tobacco
prevention and control plan.
(c) Because of its demonstrated effectiveness in improving the health of low-income persons and addressing
illnesses and diseases that harm low-income persons, the
remainder of the funds deposited into the health services
account under RCW 82.24.028 and 82.26.028 shall be
appropriated solely for Washington basic health plan enrollment as provided in chapter 70.47 RCW. Funds appropriated pursuant to this subsection (2)(c) must supplement,
and not supplant, the level of state funding needed to support
enrollment of a minimum of one hundred twenty-five
thousand persons for the fiscal year beginning July 1, 2002,
and every fiscal year thereafter. The health care authority
may enroll up to twenty thousand additional persons in the
basic health plan during the biennium beginning July 1,
2001, above the base level of one hundred twenty-five
thousand enrollees. The health care authority may enroll up
to fifty thousand additional persons in the basic health plan
during the biennium beginning July 1, 2003, above the base
level of one hundred twenty-five thousand enrollees. For
each biennium beginning on and after July 1, 2005, the
health care authority may enroll up to at least one hundred
seventy-five thousand enrollees. Funds appropriated under
this subsection may be used to support outreach and enrollment activities only to the extent necessary to achieve the
enrollment goals described in this section.
(3) Prior to expenditure for the purposes described in
subsection (2) of this section, funds deposited into the health
(2002 Ed.)
Health System Reform—Health Services Commission
services account under RCW 82.24.028 and 82.26.028 shall
first be transferred to the following accounts to ensure the
continued availability of previously dedicated revenues for
certain existing programs:
(a) To the violence reduction and drug enforcement
account under RCW 69.50.520, two million two hundred
forty-nine thousand five hundred dollars for the state fiscal
year beginning July 1, 2001, four million two hundred fortyeight thousand dollars for the state fiscal year beginning July
1, 2002, seven million seven hundred eighty-nine thousand
dollars for the biennium beginning July 1, 2003, six million
nine hundred thirty-two thousand dollars for the biennium
beginning July 1, 2005, and six million nine hundred thirtytwo thousand dollars for each biennium thereafter, as
required by RCW 82.24.020(2);
(b) To the health services account under this section,
nine million seventy-seven thousand dollars for the state
fiscal year beginning July 1, 2001, seventeen million one
hundred eighty-eight thousand dollars for the state fiscal year
beginning July 1, 2002, thirty-one million seven hundred
fifty-five thousand dollars for the biennium beginning July
1, 2003, twenty-eight million six hundred twenty-two
thousand dollars for the biennium beginning July 1, 2005,
and twenty-eight million six hundred twenty-two thousand
dollars for each biennium thereafter, as required by RCW
82.24.020(3); and
(c) To the water quality account under RCW
70.146.030, two million two hundred three thousand five
hundred dollars for the state fiscal year beginning July 1,
2001, four million two hundred forty-four thousand dollars
for the state fiscal year beginning July 1, 2002, eight million
one hundred eighty-two thousand dollars for the biennium
beginning July 1, 2003, seven million eight hundred eightyfive thousand dollars for the biennium beginning July 1,
2005, and seven million eight hundred eighty-five thousand
dollars for each biennium thereafter, as required by RCW
82.24.027(2)(a).
During the 2001-2003 fiscal biennium, the legislature
may transfer from the health services account such amounts
as reflect the excess fund balance of the account. [2002 c
371 § 909; 2002 c 2 § 2 (Initiative Measure No. 773, approved November 6, 2001); 1993 c 492 § 469.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Intent—2002 c 2 (Initiative Measure No. 773): See RCW
70.47.002.
43.72.902 Public health services account. The public
health services account is created in the state treasury.
Moneys in the account may be spent only after appropriation. Moneys in the account may be expended only for
maintaining and improving the health of Washington
residents through the public health system. For purposes of
this section, the public health system shall consist of the
state board of health, the state department of health, and
local health departments and districts. During the 2001-2003
biennium, moneys in the fund may also be used for costs
associated with hepatitis C testing and treatment in correctional facilities. [2001 2nd sp.s. c 7 § 916; 2000 2nd sp.s.
c 1 § 913; 1995 c 43 § 12; 1993 c 492 § 470.]
43.72.900
Severability—Effective date—2000 2nd sp.s. c 1: See notes
following RCW 41.05.143.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
43.72.904 Health system capacity account. The
health system capacity account is created in the state
treasury. Moneys in the account may be spent only after
appropriation. Moneys in the account may be expended for
the following purposes: Health data systems; health systems
and public health research; health system regulation; health
system planning, development, and administration; and
improving the supply and geographic distribution of primary
health service providers. [1993 c 492 § 471.]
43.72.906 Personal health services account. The
personal health services account is created in the [state]
treasury. Moneys in the account may be spent only after
appropriation. Moneys in the account may be expended for
the support of subsidized personal health services for lowincome Washington residents. [1993 c 492 § 472.]
43.72.910 Short title—1993 c 492. This act may be
known and cited as the Washington health services act of
1993. [1993 c 492 § 487.]
43.72.911 Severability—1993 c 492. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 492 § 490.]
43.72.912 Savings—1993 c 492. The enactment of
this act does not have the effect of terminating, or in any
way modifying, any obligation or any liability, civil or
criminal, which was already in existence on the effective
date of this act. [1993 c 492 § 491.]
43.72.913 Captions not law—1993 c 492. Captions
used in this act do not constitute any part of the law. [1993
c 492 § 492.]
43.72.914 Reservation of legislative power—1993 c
492. The legislature reserves the right to amend or repeal all
or any part of this act at any time and there shall be no
vested private right of any kind against such amendment or
repeal. All the rights, privileges, or immunities conferred by
this act or any acts done pursuant thereto shall exist subject
to the power of the legislature to amend or repeal this act at
any time. [1993 c 492 § 494.]
43.72.915 Effective dates—1993 c 492. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993,
except for:
(1) Sections 234 through 243, 245 through 254, and 257
of this act, which shall take effect January 1, 1996, or
Severability—Effective date—2001 2nd sp.s. c 7: See notes
following RCW 43.320.110.
(2002 Ed.)
[Title 43 RCW—page 333]
43.72.915
Title 43 RCW: State Government—Executive
January 1, 1998, if funding is not provided as set forth in
section 17(4) of this act; and
(2) Sections 301 through 303 of this act, which shall
take effect January 1, 1994. [1995 c 43 § 15; 1993 sp.s. c
25 § 603; 1993 c 492 § 495.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
43.72.916 Effective date—1993 c 494. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 494 § 8.]
Chapter 43.75
STATE BUILDING AUTHORITY—
INDEBTEDNESS—REFUNDING—BOND ISSUE
Sections
43.75.200
43.75.205
43.75.215
43.75.225
43.75.230
43.75.235
43.75.900
43.75.910
General obligation bonds—Refunding—Amount—Authority
of state finance committee to issue.
General obligation bonds—Form, terms, covenants, etc.—
Sale—Redemption.
General obligation bonds—Redemption—Enforcement.
Rescission of leases and agreements authorized.
Legislature may provide additional means for paying bonds.
Bonds legal investment for state and other public body
funds.
Severability—1973 c 9.
Effective date—1973 c 9.
43.75.200 General obligation bonds—Refunding—
Amount—Authority of state finance committee to issue.
The state finance committee shall issue general obligation
bonds of the state in the amount of seventy-two million one
hundred sixty-seven thousand, six hundred fifty dollars, or so
much thereof as may be required to refund, at or prior to
maturity, all indebtedness, including any premium payable
with respect thereto and all interest thereon, incurred by the
Washington state building authority and to pay all costs
incidental thereto and to the issuance of such bonds. Such
refunding bonds shall not constitute an indebtedness of the
state of Washington within the meaning of the debt limitation contained in section 1 of Article VIII of the Washington
state Constitution, as amended by a vote of the people
pursuant to HJR 52, 1971 regular session. [1973 c 9 § 1;
1971 ex.s. c 154 § 1.]
43.75.205 General obligation bonds—Form, terms,
covenants, etc.—Sale—Redemption. The issuance, sale
and retirement of said bonds shall be under the supervision
and control of the state finance committee. The committee
is authorized to prescribe the form, terms, conditions, and
covenants of the bonds, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale, issuance and redemption. None of the bonds herein
authorized shall be sold for less than the par value thereof.
Such bonds shall be paid and discharged within thirty years
[Title 43 RCW—page 334]
of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds. Such bonds shall be payable at such
places as the committee may provide.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due.
The proceeds from the sale of bonds authorized by this
chapter and any interest earned on the interim investment of
such proceeds, shall be used exclusively for the purposes
specified in this chapter. [1973 c 9 § 2.]
43.75.215 General obligation bonds—Redemption—
Enforcement. The state finance committee shall on or
before June 30th of each year, certify to the state treasurer
the amount needed in the ensuing twelve months to meet
retirement and interest requirements of such bonds, and on
July 1st of each year the state treasurer shall deposit from
any general state revenues such amount in the state building
authority bond redemption fund hereby created in the state
treasury. The owner and holder of each of the bonds or the
trustee for any of the bondholders may by a mandamus or
other appropriate proceeding require the transfer and payment of funds as directed by this section. [1973 c 9 § 3.]
43.75.225 Rescission of leases and agreements
authorized. The Washington state building authority and
the state institutions of higher learning and other state
agencies are hereby authorized to rescind leases and other
agreements entered into prior to February 21, 1973, pursuant
to chapter 43.75 RCW at such time as all indebtedness
incurred by the authority has been paid. [1973 c 9 § 5.]
43.75.230 Legislature may provide additional means
for paying bonds. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized by this chapter, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1973 c 9 § 6.]
43.75.235 Bonds legal investment for state and
other public body funds. The bonds authorized by this
chapter shall be a legal investment for all state funds or
funds under state control and for all funds of any other
public body. [1973 c 9 § 7.]
43.75.900 Severability—1973 c 9. If any provision
of this 1973 amendatory act, or its application to any person
or circumstance is held invalid the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1973 c 9 § 9.]
43.75.910 Effective date—1973 c 9. This 1973
amendatory act is necessary for the immediate preservation
of the public peace, health and safety, the support of the
state government and its existing public institutions and,
(2002 Ed.)
State Building Authority—Indebtedness—Refunding—Bond Issue
except as otherwise specifically provided, shall take effect
immediately. [1973 c 9 § 10.]
Chapter 43.78
PUBLIC PRINTER—PUBLIC PRINTING
Sections
43.78.010
43.78.020
43.78.030
43.78.040
43.78.050
43.78.070
43.78.080
43.78.090
43.78.100
43.78.105
43.78.110
43.78.130
43.78.140
43.78.150
43.78.160
43.78.170
Appointment of public printer.
Bond.
Duties—Exceptions.
Requisitions.
Itemized statement of charges.
Use of state plant—Conditions—Public printer’s salary.
Printing specifications.
Reprinting.
Stock to be furnished.
Printing for institutions of higher education—Interlocal
agreements.
Securing printing from private sources—Farming out.
Public printing for state agencies and municipal corporations—Exceptions to instate requirements.
Public printing for state agencies and municipal corporations—Allowance of claims.
Public printing for state agencies and municipal corporations—Contracts for out-of-state work.
Public printing for state agencies and municipal corporations—Quality and workmanship requirements.
Recycled content requirement.
43.78.010 Appointment of public printer. There
shall be a public printer appointed by the governor with the
advice and consent of the senate, who shall hold office at the
pleasure of the governor and until his successor is appointed
and qualified. [1981 c 338 § 6; 1965 c 8 § 43.78.010.
Prior: 1905 c 168 § 1; RRS § 10323.]
43.78.020 Bond. Before entering upon the duties of
his office, the public printer shall execute to the state a bond
in the sum of ten thousand dollars conditioned for the
faithful and punctual performance of all duties and trusts of
his office. [1965 c 8 § 43.78.020. Prior: 1933 c 97 § 4;
1905 c 168 § 2; RRS § 10324.]
43.78.030 Duties—Exceptions. The public printer
shall print and bind the session laws, the journals of the two
houses of the legislature, all bills, resolutions, documents,
and other printing and binding of either the senate or house,
as the same may be ordered by the legislature; and such
forms, blanks, record books, and printing and binding of
every description as may be ordered by all state officers,
boards, commissions, and institutions, and the supreme court,
and the court of appeals and officers thereof, as the same
may be ordered on requisition, from time to time, by the
proper authorities. This section shall not apply to the
printing of the supreme court and the court of appeals
reports, to the printing of bond certificates or bond offering
disclosure documents, to the printing of educational publications of the state historical societies, or to any printing done
or contracted for by institutions of higher education:
PROVIDED, That institutions of higher education, in consultation with the public printer, develop vendor selection
procedures comparable to those used by the public printer
for contracted printing jobs. Where any institution or
institution of higher learning of the state is or may become
(2002 Ed.)
43.75.910
equipped with facilities for doing such work, it may do any
printing: (1) For itself, or (2) for any other state institution
when such printing is done as part of a course of study
relative to the profession of printer. Any printing and
binding of whatever description as may be needed by any
institution or agency of the state department of social and
health services not at Olympia, or the supreme court or the
court of appeals or any officer thereof, the estimated cost of
which shall not exceed one thousand dollars, may be done
by any private printing company in the general vicinity
within the state of Washington so ordering, if in the judgment of the officer of the agency so ordering, the saving in
time and processing justifies the award to such local private
printing concern.
Beginning on July 1, 1989, and on July 1 of each
succeeding odd-numbered year, the dollar limit specified in
this section shall be adjusted as follows: The office of
financial management shall calculate such limit by adjusting
the previous biennium’s limit by an appropriate federal
inflationary index reflecting the rate of inflation for the
previous biennium. Such amounts shall be rounded to the
nearest fifty dollars. [1994 c 82 § 1; 1993 c 379 § 104;
1988 c 102 § 1; 1987 c 72 § 1; 1982 c 164 § 2; 1971 c 81
§ 114; 1965 c 8 § 43.78.030. Prior: 1959 c 88 § 1; 1917 c
129 § 1; 1915 c 27 § 2; 1905 c 168 § 3; RRS § 10325.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Commission on supreme court reports, member: RCW 2.32.160.
Promotional printing for
apple commission, exemption: RCW 15.24.085.
beef commission, exemption: RCW 16.67.170.
dairy products commission, exemption: RCW 15.24.085.
fruit commission, exemption: RCW 15.24.085.
honey bee commission, exemption: RCW 15.62.190.
Session laws, legislative journals, delivery to statute law committee: RCW
40.04.030.
43.78.040 Requisitions. All printing and binding shall
be done under the general superintendence of the authorities
ordering it, and when completed shall be delivered to such
authorities, who shall sign receipts therefor.
Before the public printer shall execute any printing or
binding for any office, board, commission, or institution, the
proper officer thereof shall apply therefor by requisition.
[1965 c 8 § 43.78.040. Prior: 1905 c 168 § 4; RRS §
10326.]
43.78.050 Itemized statement of charges. Upon
delivering a printing or binding job and receiving a receipt
therefor the public printer shall make out, and deliver to the
requesting agency an itemized statement of charges. [1965
c 8 § 43.78.050. Prior: 1905 c 168 § 5, part; RRS §
10327.]
43.78.070 Use of state plant—Conditions—Public
printer’s salary. The public printer shall use the state
printing plant upon the following conditions, to wit:
(1) He shall do the public printing, and charge therefor
the fees as provided by law. He may print the Washington
Reports for the publishers thereof under a contract approved
in writing by the governor.
[Title 43 RCW—page 335]
43.78.070
Title 43 RCW: State Government—Executive
(2) The gross income of the public printer shall be
deposited in an account designated "state printing plant
revolving fund" in depositaries approved by the state
treasurer, and shall be disbursed by the public printer by
check and only as follows:
First, in payment of the actual cost of labor, material,
supplies, replacements, repairs, water, light, heat, telephone,
rent, and all other expenses necessary in the operation of the
plant: PROVIDED, That no machinery shall be purchased
except on written approval of the governor;
Second, in payment of the cost of reasonable insurance
upon the printing plant, payable to the state and of all
fidelity bonds required by law of the public printer;
Third, in payment to the public printer of a salary which
shall be fixed by the governor in accordance with the
provisions of RCW 43.03.040;
Fourth, in remitting the balance to the state treasurer for
the general fund: PROVIDED, That a reasonable sum to be
determined by the governor, the public printer, and the
director of financial management shall be retained in the
fund for working capital for the public printer. [1979 c 151
§ 134; 1965 c 8 § 43.78.070. Prior: 1961 c 307 § 5; 1955
c 340 § 12; 1951 c 151 § 1; 1933 c 97 § 3; RRS § 103272.]
43.78.080 Printing specifications. All printing,
ruling, binding, and other work done or supplies furnished
by the state printing plant for the various state departments,
commissions, institutions, boards, and officers shall be paid
for on an actual cost basis as determined from a standard
cost finding system to be maintained by the state printing
plant. In no event shall the price charged the various state
departments, commissions, institutions, boards, and officers
exceed those established by the Porte Publishing Company’s
Franklin Printing Catalogue for similar and comparable
work. All bills for printing, ruling, binding, and other work
done or for supplies furnished by the state printing plant
shall be certified and sworn to by the public printer.
The public printing shall be divided into the following
classes:
FIRST CLASS. The bills, resolutions, and other matters
that may be ordered by the legislature, or either branch
thereof, in bill form, shall constitute the first class, and shall
be printed in such form as the legislature shall provide.
SECOND CLASS. The second class shall consist of
printing and binding of journals of the senate and house of
representatives, and the annual and biennial reports of the
several state officers, state commissions, boards, and institutions, with the exception of the reports of the attorney
general and the governor’s message to the legislature, which
shall be printed and bound in the same style as heretofore.
Said journals and reports shall be printed in such form as the
senate and house of representatives and the various state
officers, commissions, boards, and institutions shall respectively provide.
THIRD CLASS. The third class shall consist of all
reports, communications, and all other documents that may
be ordered printed in book form by the legislature or either
branch thereof, and all reports, books, pamphlets, and other
like matter printed in book form required by all state officers, boards, commissions, and institutions shall be printed
[Title 43 RCW—page 336]
in such form and style, and set in such size type, and printed
on such grade of paper as may be desired by the state
officer, board, commission, or institution ordering them, and
which they think will best serve the purpose for which
intended.
FOURTH CLASS. The fourth class shall consist of the
session laws, and shall be printed and bound in such form as
the statute law committee shall provide.
FIFTH CLASS. The fifth class shall consist of the
printing of all stationery blanks, record books, and circulars,
and all printing and binding required by the respective state
officers, boards, commissions, and institutions not covered
by classes one, two, three, and four. [1972 ex.s. c 1 § 1;
1969 c 6 § 7; 1965 c 8 § 43.78.080. Prior: 1955 c 16 § 1;
1943 c 124 § 1; 1935 c 130 § 1; 1919 c 37 § 1; 1917 c 129
§ 3; 1905 c 168 § 6; RRS § 10329.]
43.78.090 Reprinting. Whenever required by law or
by the legislature or by any state officer, board, commission,
or institution the public printer shall keep the type used in
printing any matter forming a part of the first, second, third,
and fourth classes standing for a period not exceeding sixty
days for use in reprinting such matter. [1965 c 8 §
43.78.090. Prior: 1935 c 130 § 2; 1919 c 37 § 2; 1907 c
174 § 1; RRS § 10330.]
43.78.100 Stock to be furnished. The public printer
shall furnish all paper, stock, and binding materials required
in all public work, and shall charge the same to the state, as
it is actually used, at the actual price at which it was
purchased plus five percent for waste, insurance, storage, and
handling. This section does not apply to institutions of
higher education. [1993 c 379 § 106; 1965 c 8 § 43.78.100.
Prior: 1917 c 129 § 5; 1905 c 168 § 9; RRS § 10333.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
43.78.105 Printing for institutions of higher education—Interlocal agreements. The public printer may use
the state printing plant for the purposes of printing or
furnishing materials under RCW 43.78.100 if an interlocal
agreement under chapter 39.34 RCW has been executed
between an institution of higher education and the public
printer. [1993 c 379 § 105.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
43.78.110 Securing printing from private sources—
Farming out. Whenever in the judgment of the public
printer certain printing, ruling, binding, or supplies can be
secured from private sources more economically than by
doing the work or preparing the supplies in the state printing
plant, the public printer may obtain such work or supplies
from such private sources.
In event any work or supplies are secured on behalf of
the state under this section the state printing plant shall be
entitled to add up to five percent to the cost thereof to cover
the handling of the orders which shall be added to the bills
and charged to the respective authorities ordering the work
or supplies. The five percent handling charge shall not apply
to contracts with institutions of higher education. [1993 c
(2002 Ed.)
Public Printer—Public Printing
379 § 107; 1982 c 164 § 3; 1969 c 79 § 1; 1965 c 8 §
43.78.110. Prior: 1935 c 130 § 3; RRS § 10333-1.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
43.78.130 Public printing for state agencies and
municipal corporations—Exceptions to instate requirements. All printing, binding, and stationery work done for
any state agency, county, city, town, port district, or school
district in this state shall be done within the state, and all
proposals, requests, or invitations to submit bids, prices, or
contracts thereon, and all contracts for such work, shall so
stipulate: PROVIDED, That whenever it is established that
any such work cannot be executed within the state, or that
the lowest charge for which it can be procured within the
state, exceeds the charge usually and customarily made to
private individuals and corporations for work of similar
character and quality, or that all bids for the work or any
part thereof are excessive and not reasonably competitive,
the officers of any such public corporation may have the
work done outside the state. [1999 c 365 § 1; 1965 c 8 §
43.78.130. Prior: 1919 c 80 § 1; RRS § 10335.]
43.78.140 Public printing for state agencies and
municipal corporations—Allowance of claims. No bill or
claim for any such work shall be allowed by any officer of
a state agency or public corporation or be paid out of its
funds, unless it appears that the work was executed within
the state or that the execution thereof within the state could
not have been procured, or procured at reasonable and competitive rates, and no action shall be maintained against such
corporation or its officers upon any contract for such work
unless it is alleged and proved that the work was done
within the state or that the bids received therefor were
unreasonable or not truly competitive. [1999 c 365 § 2;
1965 c 8 § 43.78.140. Prior: 1919 c 80 § 2; RRS § 10336.]
43.78.150 Public printing for state agencies and
municipal corporations—Contracts for out-of-state work.
All contracts for such work to be done outside the state shall
require that it be executed under conditions of employment
which shall substantially conform to the laws of this state
respecting hours of labor, the minimum wage scale, and the
rules and regulations of the department of labor and industries regarding conditions of employment, hours of labor, and
minimum wages, and shall be favorably comparable to the
labor standards and practices of the lowest competent bidder
within the state, and the violation of any such provision of
any contract shall be ground for cancellation thereof. [1994
c 164 § 12; 1973 1st ex.s. c 154 § 86; 1965 c 8 § 43.78.150.
Prior: 1953 c 287 § 1; 1919 c 80 § 3; RRS § 10337.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
43.78.160 Public printing for state agencies and
municipal corporations—Quality and workmanship
requirements. Nothing in RCW 43.78.130, 43.78.140 and
43.78.150 shall be construed as requiring any public official
to accept any such work of inferior quality or workmanship.
[1965 c 8 § 43.78.160. Prior: 1919 c 80 § 4; RRS §
10338.]
(2002 Ed.)
43.78.110
43.78.170 Recycled content requirement. The public
printer shall take all actions consistent with the *plan under
RCW 43.19A.050 to ensure that seventy-five percent or
more of the total dollar amount of printing paper stock used
by the printer is recycled content paper by January 1, 1997,
and ninety percent or more of the total dollar amount of
printing paper stock used by the printer is recycled content
paper by January 1, 1999. [1996 c 198 § 3; 1991 c 297 §
10.]
*Reviser’s note: The mandatory plan under RCW 43.19A.050 was
renamed a strategy by 1996 c 198.
Captions not law—1991 c 297: See RCW 43.19A.900.
Chapter 43.79
STATE FUNDS
Sections
43.79.010
43.79.015
43.79.020
43.79.060
43.79.071
43.79.072
43.79.073
43.79.074
43.79.075
43.79.080
43.79.100
43.79.110
43.79.120
43.79.130
43.79.140
43.79.150
43.79.160
43.79.180
43.79.201
43.79.202
43.79.210
43.79.260
43.79.270
43.79.280
43.79.282
43.79.300
43.79.301
43.79.302
43.79.303
43.79.304
43.79.310
43.79.311
43.79.312
43.79.313
43.79.314
43.79.320
General fund, how constituted.
Accounts in general fund designated as accounts in state
treasury—Credit of earnings to general fund.
License fees to general fund.
University permanent fund.
University of Washington fund—Moneys transferred to
general fund.
University of Washington fund—Appropriations to be paid
from general fund.
University of Washington fund—Abolished.
University of Washington fund—Warrants to be paid from
general fund.
University of Washington fund—Other revenue for support
of university.
University building fund.
Scientific school grant to Washington State University.
Scientific permanent fund.
Agricultural college grant to Washington State University.
Agricultural permanent fund.
Washington State University—Moneys paid into general
fund for support of.
Normal school grant to former state colleges of education
and The Evergreen State College.
Normal school permanent fund.
Former state colleges of education—Moneys paid into general fund for support of.
C.E.P. & R.I. account—Moneys transferred to charitable,
educational, penal and reformatory institutions account—Exception.
C.E.P. & R.I. fund—Abolished—Appropriations to be paid
from and warrants drawn on account in general fund.
Federal cooperative extension fund.
Governor designated state’s agent.
Unanticipated receipts—Duty of department heads.
Unanticipated receipts—Duty of governor on approval.
Compliance with RCW 43.79.260 through 43.79.280.
Central College fund—Moneys transferred to general fund.
Central College fund—Appropriations to be paid from general fund.
Central College fund—Abolished.
Central College fund—Warrants to be paid from general
fund.
Central College fund—Other revenue for support of Central
Washington University.
Eastern College fund—Moneys transferred to general fund.
Eastern College fund—Appropriations to be paid from general fund.
Eastern College fund—Abolished.
Eastern College fund—Warrants to be paid from general
fund.
Eastern College fund—Other revenue for support of Eastern
Washington University.
Western College fund—Moneys transferred to general fund.
[Title 43 RCW—page 337]
Chapter 43.79
43.79.321
Title 43 RCW: State Government—Executive
Western College fund—Appropriations to be paid from
general fund.
43.79.322 Western College fund—Abolished.
43.79.323 Western College fund—Warrants to be paid from general
fund.
43.79.324 Western College fund—Other revenue for support of Western Washington University.
43.79.330 Miscellaneous state funds—Moneys transferred to accounts
in the state treasury.
43.79.331 Miscellaneous state funds—Abolished.
43.79.332 Miscellaneous state funds—Appropriations of 34th legislature to be paid from general fund.
43.79.333 Miscellaneous state funds—Warrants to be paid from general fund.
43.79.334 Miscellaneous state funds—Expenditures—Revenue from
other than general fund.
43.79.335 Miscellaneous state funds—Washington State University
building account.
43.79.336 Puget Sound pilotage account redesignated as pilotage account.
43.79.340 General obligation bond retirement fund—Moneys transferred to general fund.
43.79.341 General obligation bond retirement fund—Appropriations of
34th legislature to be paid from general fund.
43.79.342 General obligation bond retirement fund—Abolished.
43.79.343 General obligation bond retirement fund—Warrants to be
paid from general fund.
43.79.350 Suspense account.
43.79.370 Suspense account—Disbursements—Vouchers—Warrants.
43.79.381 Penitentiary revolving account abolished.
43.79.390 United States vocational education account—Moneys transferred to general fund.
43.79.391 United States vocational education account—Appropriations
to be paid from general fund.
43.79.392 United States vocational education account—Abolished.
43.79.393 United States vocational education account—Warrants to be
paid from general fund.
43.79.400 State payroll revolving account, agency payroll revolving
fund—Created—Utilization.
43.79.405 Parks and parkways account abolished—Funds transferred to
general fund.
43.79.410 Legal services revolving fund—Created—Purpose—Uses.
43.79.420 Miscellaneous state funds—Moneys transferred to basic state
general fund.
43.79.421 Miscellaneous state funds—Abolished.
43.79.422 Miscellaneous state funds—Warrants to be paid from basic
state general fund.
43.79.423 Miscellaneous state funds or accounts—Moneys transferred
to state general fund.
43.79.425 Current state school fund—Abolished—Moneys transferred.
43.79.430 Moneys from Inland Power & Light company to be deposited in general fund.
43.79.435 Investment reserve account abolished—Deposit of moneys.
43.79.440 Loan principal and interest fund.
43.79.441 Transfer of moneys from certain school bond and state
building construction accounts and funds to general
fund—Payment of warrants.
43.79.442 Transfer of moneys from certain highway construction accounts and funds to general fund—Payment of warrants.
43.79.445 Death investigations account—Disbursal.
43.79.455 Capitol purchase and development account.
43.79.460 Savings incentive account—Report to legislative committees.
43.79.465 Education savings account.
43.79.480 Tobacco settlement account—Tobacco prevention and control account.
Access roads revolving fund: RCW 79.38.050.
Accounting for: RCW 43.88.160.
Aeronautics account
created: RCW 82.42.090.
deposit of
aircraft dealer’s license and certificate fees: RCW 14.20.060.
aircraft fuel tax proceeds: RCW 82.42.090.
Antitrust revolving fund: RCW 43.10.215.
Arbitration of labor disputes: RCW 49.08.060.
[Title 43 RCW—page 338]
Auditing services revolving account: RCW 43.09.410.
Basic data fund: RCW 43.21A.067.
Capitol building construction account: Chapter 79.24 RCW.
Capitol purchase and development account
deposit of moneys received from management of east capitol site in: RCW
79.24.570.
proceeds from sale of tidelands and shorelands paid into: RCW
79.24.580.
Cemetery fund: Chapter 68.05 RCW.
Central operating fund: RCW 74.08.278.
Cerebral palsy: RCW 70.82.021, 70.82.022.
Community and economic development fee account: RCW 43.330.155.
Community services revolving fund: RCW 9.95.360.
Contingency fire suppression account: RCW 76.04.620.
Department of personnel service fund: RCW 41.06.280.
Department of retirement systems expense fund: RCW 41.50.110.
Depositaries, state moneys or funds defined for purposes of: RCW
43.85.200.
Disbursement by warrant or check: RCW 43.88.160.
Distribution to annexed areas, basis for: RCW 35.13.260.
Electrical license account, designation of: RCW 19.28.351.
Fair fund
horse racing money: RCW 15.76.115.
moneys from lease of state lands by director of agriculture to go into:
RCW 15.04.090.
Federal forest revolving fund: RCW 28A.520.010 and 28A.520.020.
Ferries revolving fund: RCW 47.60.170.
Flood control contributions: Chapter 86.18 RCW.
Forest development account: Chapter 76.12 RCW.
Freshwater aquatic weeds account: RCW 43.21A.650.
General administration funds: Chapter 43.82 RCW.
General administration services account: RCW 43.19.500.
General fund
aircraft registration fees deposited in: RCW 47.68.250.
appropriations by legislature (for common school purposes): RCW
28A.150.380.
architects license account created in: RCW 18.08.240.
boxing, kickboxing, martial arts, and wrestling events: RCW 67.08.050.
camping resort fines deposited in: RCW 19.105.380.
cerebral palsy: RCW 70.82.021, 70.82.022.
commercial feed account: RCW 15.53.9044.
commission merchants’ account, fees paid into: RCW 20.01.130.
electrical licenses account: RCW 19.28.351.
elevators, escalators and dumbwaiter fees deposited in: RCW 70.87.210.
escheats, sale of property deposited in: RCW 11.08.120.
forest development account: Chapter 76.12 RCW.
liquor excise taxes paid into: RCW 82.08.160.
marine fuel tax refund account: RCW 79A.25.040.
moneys collected under chapter 15.36 RCW to go into: RCW 15.36.491.
monthly financial report of state treasurer as to: RCW 43.08.150.
motor vehicle use tax revenues deposited in: RCW 82.12.045.
old age assistance grants charged against: RCW 74.08.370.
outdoor recreation account: RCW 79A.25.060.
parks and parkways, fund for, deposits in: RCW 36.82.210.
pilotage account: RCW 88.16.061.
proceeds from sale of insurance code: RCW 48.02.180.
professional engineers’ account established, disposition of fees into: RCW
18.43.080, 18.43.150.
public utility district privilege tax: RCW 54.28.040, 54.28.050.
real estate commission account, license fees: RCW 18.85.220.
reclamation revolving account, generally: RCW 89.16.020 through
89.16.040, 90.16.090.
school apportionment from: RCW 28A.510.250.
seed account, moneys collected under seed law to go into: RCW
15.49.470.
special account in general fund for support of common schools: RCW
82.45.180.
state educational trust fund: RCW 28B.10.821.
(2002 Ed.)
State Funds
state general fund—Estimates for state support to public schools from:
RCW 28A.300.170.
state general fund support to public schools—School district reimbursement programs: Chapter 28A.150 RCW.
state institutional personnel, charges for quarters: RCW 72.01.282.
taxes: RCW 82.32.380.
unclaimed property, proceeds of sale paid into: RCW 63.29.230.
Grain inspection revolving fund: RCW 22.09.830.
Highway bond retirement funds: Chapter 47.10 RCW.
Highway equipment fund: RCW 47.08.120, 47.08.121.
Highway safety fund
ability to respond in damages abstract fee deposited in: RCW 46.29.050.
county road and bridge violations, fines paid into: RCW 36.82.210.
created, use: RCW 46.68.060.
fees for copies of motor vehicle licensing records to go into: RCW
46.01.250.
for-hire motor vehicle certificates and operators’ permits, moneys from to
go into: RCW 46.72.110.
moneys accruing from fees for motor vehicle operators’ licenses to go
into: RCW 46.68.041.
moneys for abstracts of operating records to go into: RCW 46.52.130.
operating record abstract fee deposited in: RCW 46.29.050.
Hop inspection fund: RCW 22.09.830.
Hospital and medical facilities construction fund: RCW 70.40.150.
Industrial insurance funds: Chapter 51.44 RCW.
Juvenile correctional institution building bond redemption fund: RCW
72.19.100.
Legal services revolving fund: RCW 43.10.150.
Liability account: RCW 4.92.130.
Liquor excise tax fund: RCW 82.08.160, 82.08.170.
Liquor revolving fund: RCW 66.08.170.
Log patrol revolving fund, brand and mark registration fees deposited in:
RCW 76.36.160.
Manufactured home installation training account: RCW 43.63B.080.
Marine fuel tax refund account: RCW 79A.25.040.
Medical aid fund: RCW 51.44.020.
Monthly financial report of state treasurer as to: RCW 43.08.150.
Morrill fund: RCW 28B.30.275.
Motor vehicle fund
state Constitution Art. 2 § 40, RCW 46.68.070.
vehicle license proceeds, deposits in: RCW 46.68.030.
Municipal revolving account: RCW 43.09.282.
Northwest nursery fund, planting stock act moneys to go into: RCW
15.14.145.
OASI contribution account: RCW 41.48.060.
Outdoor recreation account, disposition of outdoor recreational bond issue
proceeds in: RCW 79A.25.060.
Oyster reserve fund, proceeds from sale or lease of oyster reserves paid
into: RCW 79.96.110.
Parks and parkways account
abolished: RCW 43.79.405.
deposit of inspections costs on recreational devices: RCW 79A.40.070.
disposition of outdoor recreational facilities bond issue proceeds in:
RCW 79A.10.020.
Permanent common school fund: State Constitution Art. 9 § 2.
applied exclusively to common schools: State Constitution Art. 9 § 2.
apportionment by Art. 2 § 28(7).
banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
credit union unclaimed funds on liquidation escheat to: Chapter 31.12
RCW.
defalcation, fraud or mismanagement losses borne by state, interest:
RCW 28A.515.310.
enlargement authorized: State Constitution Art. 9 § 3.
game and game fish lands, withdrawn from lease, payment of amount of
lease into: RCW 77.12.360.
income from
(2002 Ed.)
Chapter 43.79
to be applied to common schools: State Constitution Art. 9 § 2.
used for current expenses: State Constitution Art. 9 § 2.
investment, what securities: State Constitution Art. 16 § 5.
losses from, how made good: State Constitution Art. 9 § 5.
permanent and irreducible: State Constitution Art. 9 § 3; RCW
28A.515.300.
proceeds of lands and property reverting to state: RCW 28A.515.300.
safe deposit box contents, unclaimed after liquidation and winding up of
bank or trust company, proceeds from sale deposited in: RCW
30.44.220.
sources of, from what derived: State Constitution Art. 9 § 3.
state lands
acquired, lease and sale of, proceeds to go into: RCW 79.01.612.
withdrawn for game purposes, payment of amount of lease into:
RCW 77.12.360.
Printing revolving fund: RCW 43.78.070.
Professional engineers’ account established, disposition of fees into: RCW
18.43.080, 18.43.150.
Public assistance, central operating fund: RCW 74.08.278.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
Public safety and education account: RCW 43.08.250.
Public schools building bond redemption funds: Chapter 28A.525 RCW.
Public service revolving fund: RCW 80.01.080.
Puget Sound capital construction account
created, use: Chapter 47.60 RCW.
distribution of motor vehicle fuel tax proceeds to: RCW 82.36.020.
Receipt and keeping of: RCW 43.88.160.
Reserve fund, moneys in may be invested in motor vehicle fund warrants:
RCW 47.12.210.
Resource management cost account: RCW 79.64.020.
Retirement systems expense fund: RCW 41.50.110.
Revolving funds: RCW 43.88.180, 43.88.190.
Secretary of state’s revolving fund: RCW 43.07.130.
State building and higher education construction account, redemption fund:
RCW 43.83.074.
State fair fund: RCW 15.76.100, 15.76.170.
State patrol retirement fund: RCW 43.43.130.
State trade fair fund, allocations to state trade fairs from: Chapter 43.31
RCW.
State treasurer’s service fund: RCW 43.08.190.
State vehicle parking account: RCW 43.01.225.
Statute law committee publications account: RCW 1.08.0392.
Teachers’ retirement fund: RCW 41.50.200.
Teachers’ retirement pension reserve fund: RCW 41.50.200.
Thurston county capital facilities account: RCW 43.19.501.
Toll bridge authority trust fund for revenues from sale of Puget Sound ferry
and toll bridge system bonds: RCW 47.60.150.
Toll bridge funds: Chapter 47.56 RCW.
Undistributed receipts account: RCW 43.01.050.
Unemployment compensation funds, generally: RCW 50.16.010, 50.16.020.
University of Washington
bond retirement fund: RCW 28B.20.720.
building account: RCW 28B.15.210.
Volunteer fire fighters’ and reserve officers’ relief and pension principal
fund: RCW 41.24.030.
Washington State University
bond retirement fund: RCW 28B.30.740.
bond retirement fund of 1977—Created—Purpose: RCW 28B.31.060.
building account: RCW 28B.30.730.
Morrill fund: RCW 28B.30.275.
Wildlife fund: Chapter 77.12 RCW.
43.79.010 General fund, how constituted. All
moneys paid into the state treasury, except moneys received
[Title 43 RCW—page 339]
43.79.010
Title 43 RCW: State Government—Executive
from taxes levied for specific purposes, and the several
permanent and irreducible funds of the state and the moneys
derived therefrom, shall be paid into the general fund of the
state. [1965 c 8 § 43.79.010. Prior: 1907 c 8 § 1; RRS §
5509.]
43.79.015 Accounts in general fund designated as
accounts in state treasury—Credit of earnings to general
fund. On and after July 1, 1985, all accounts heretofore or
hereafter created in the state general fund shall be designated
and treated as accounts in the state treasury. Unless otherwise designated by statute, all earnings on balances of such
accounts shall be credited to the general fund. [1985 c 57
§ 89.]
Effective date—1985 c 57: See note following RCW 18.04.105.
43.79.020 License fees to general fund. Except as
otherwise provided by law, all moneys received as fees for
the issuance of licenses upon examination, and the renewal
thereof, and paid into the state treasury, shall be credited to
the general fund; and all expenses incurred in connection
with the examination of applicants for licenses, and the
issuance and renewal of licenses upon examination shall be
paid by warrants drawn against the general fund. [1965 c 8
§ 43.79.020. Prior: 1921 c 81 § 1; RRS § 5511.]
43.79.060 University permanent fund. There shall
be in the state treasury a permanent and irreducible fund
known as the "state university permanent fund," into which
shall be paid all moneys derived from the sale of lands
granted, held, or devoted to state university purposes. [1965
c 8 § 43.79.060. Prior: 1907 c 168 § 1; RRS § 5518.]
43.79.071 University of Washington fund—Moneys
transferred to general fund. All moneys in the state
treasury to the credit of the University of Washington fund
on the first day of May, 1955, and all moneys thereafter paid
into the state treasury for or to the credit of the University
of Washington fund, shall be and are hereby transferred to
and placed in the general fund. [1965 c 8 § 43.79.071.
Prior: 1955 c 332 § 1.]
43.79.072 University of Washington fund—
Appropriations to be paid from general fund. From and
after the first day of April, 1955, all appropriations made by
the thirty-fourth legislature from the University of Washington fund shall be paid out of moneys in the general fund.
[1965 c 8 § 43.79.072. Prior: 1955 c 332 § 2.]
pay such warrants when presented from the general fund.
[1965 c 8 § 43.79.074. Prior: 1955 c 332 § 4.]
43.79.075 University of Washington fund—Other
revenue for support of university. No revenue from any
source other than the general fund, which, except for the
provisions hereof, would have been paid into the University
of Washington fund, shall be used for any purpose except
the support of the University of Washington. [1965 c 8 §
43.79.075. Prior: 1955 c 332 § 5.]
43.79.080 University building fund. There shall be
in the state treasury a fund known and designated as the
"University of Washington building account". [1985 c 57 §
36; 1965 c 8 § 43.79.080. Prior: 1915 c 66 § 1; RRS §
5535.]
Effective date—1985 c 57: See note following RCW 18.04.105.
43.79.100 Scientific school grant to Washington
State University. The one hundred thousand acres of land
granted by the United States government to the state for a
scientific school in section 17 of the enabling act, are
assigned to the support of Washington State University.
[1965 c 8 § 43.79.100. Prior: 1917 c 11 § 1; RRS § 5525.]
43.79.110 Scientific permanent fund. There shall be
in the state treasury a permanent and irreducible fund known
as the "scientific permanent fund," into which shall be paid
all moneys derived from the sale of lands set apart by the
enabling act or otherwise for a scientific school. The
income derived from investments pursuant to RCW
43.84.080 shall be credited to the Washington State University building account less the allocation to the state
treasurer’s service fund pursuant to RCW 43.08.190. [1991
sp.s. c 13 § 96; 1965 c 8 § 43.79.110. Prior: 1901 c 81 §
4; RRS § 5526.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.79.120 Agricultural college grant to Washington
State University. The ninety thousand acres of land granted
by the United States government to the state for an agricultural college in section 16 of the enabling act are assigned to
the support of Washington State University. [1965 c 8 §
43.79.120.]
43.79.073 University of Washington fund—
Abolished. From and after the first day of May, 1955, the
University of Washington fund is abolished. [1965 c 8 §
43.79.073. Prior: 1955 c 332 § 3.]
43.79.074 University of Washington fund—
Warrants to be paid from general fund. From and after
the first day of May, 1955, all warrants drawn on the
University of Washington fund and not presented for
payment shall be paid from the general fund, and it shall be
the duty of the state treasurer and he is hereby directed to
43.79.130 Agricultural permanent fund. There shall
be in the state treasury a permanent and irreducible fund
known as the "agricultural permanent fund," into which shall
be paid all moneys derived from the sale of lands set apart
by the enabling act or otherwise for an agricultural college.
The income derived from investments pursuant to RCW
43.84.080 shall be credited to the Washington State University building account less the allocation to the state
treasurer’s service account [fund] pursuant to RCW
43.08.190. [1991 sp.s. c 13 § 94; 1965 c 8 § 43.79.130.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
[Title 43 RCW—page 340]
(2002 Ed.)
State Funds
43.79.140 Washington State University—Moneys
paid into general fund for support of. There shall be paid
into the state general fund for the support of Washington
State University the following moneys:
(1)—All moneys collected from the lease or rental of
lands set apart by the enabling act or otherwise for the
agricultural college and school of science;
(2)—All interest or income arising from the proceeds of
the sale of any of such lands;
(3)—All moneys received or collected as interest on
deferred payments on contracts for the sale of such lands.
[1965 c 8 § 43.79.140. Prior: 1905 c 43 § 2; RRS § 5521.]
43.79.150 Normal school grant to former state
colleges of education and The Evergreen State College.
The one hundred thousand acres of land granted by the
United States government to the state for state normal
schools in section 17 of the enabling act are assigned to the
support of the regional universities, which were formerly the
state colleges of education and to The Evergreen State
College. [1993 c 411 § 3; 1977 ex.s. c 169 § 104; 1965 c
8 § 43.79.150.]
Finding—1993 c 411: See note following RCW 28B.35.751.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.160 Normal school permanent fund. There
shall be in the state treasury a permanent and irreducible
fund known as the "normal school permanent fund," into
which shall be paid all moneys derived from the sale of
lands set apart by the enabling act or otherwise for state
normal schools. [1965 c 8 § 43.79.160.]
43.79.180 Former state colleges of education—
Moneys paid into general fund for support of. There
shall be paid into the state general fund for the use and
support of the regional universities (formerly state colleges
of education) the following moneys:
(1)—All moneys collected from the lease or rental of
lands set apart by the enabling act or otherwise for the state
normal schools;
(2)—All interest or income arising from the proceeds of
the sale of such lands;
(3)—All moneys received or collected as interest on
deferred payments on contracts for the sale of such lands.
[1977 ex.s. c 169 § 105; 1965 c 8 § 43.79.180. Prior: 1905
c 43 § 4; RRS § 5523.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.201 C.E.P. & R.I. account—Moneys transferred to charitable, educational, penal and reformatory
institutions account—Exception. (1) The charitable,
educational, penal and reformatory institutions account is
hereby created, in the state treasury, into which account there
shall be deposited all moneys arising from the sale, lease or
transfer of the land granted by the United States government
to the state for charitable, educational, penal and reformatory
institutions by section 17 of the enabling act, or otherwise
set apart for such institutions, except all moneys arising from
the sale, lease, or transfer of that certain one hundred thou(2002 Ed.)
43.79.140
sand acres of such land assigned for the support of the
University of Washington by chapter 91, Laws of 1903 and
section 9, chapter 122, Laws of 1893.
(2) If feasible, not less than one-half of all income to
the charitable, educational, penal, and reformatory institutions account shall be appropriated for the purpose of
providing housing, including repair and renovation of state
institutions, for persons who are mentally ill, developmentally disabled, or youth who are blind, deaf, or otherwise
disabled. If moneys are appropriated for community-based
housing, the moneys shall be appropriated to the department
of community, trade, and economic development for the
housing assistance program under chapter 43.185 RCW.
[1995 c 399 § 77; 1991 sp.s. c 13 § 39; 1991 c 204 § 3;
1985 c 57 § 37; 1965 ex.s. c 135 § 2; 1965 c 8 § 43.79.201.
Prior: 1961 c 170 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Income potential: RCW 79.01.007.
Inventory of land: RCW 79.01.006.
43.79.202 C.E.P. & R.I. fund—Abolished—
Appropriations to be paid from and warrants drawn on
account in general fund. On and after March 20, 1961, the
C.E.P. & R.I. fund is abolished; all appropriations made by
the thirty-seventh legislature from such abolished fund shall
be paid from the charitable, educational, penal and reformatory institutions account in the general fund and all warrants
drawn on the C.E.P. & R.I. fund prior to March 20, 1961
and not theretofore presented for payment shall be paid from
the charitable, educational, penal and reformatory institutions
account in the general fund. [1965 c 8 § 43.79.202. Prior:
1961 c 170 § 2.]
43.79.210 Federal cooperative extension fund.
There shall be in the state treasury a fund known as the
federal cooperative agricultural extension fund, and all
moneys paid into the state treasury for, or to the credit of,
the Smith-Lever and Capper-Ketcham funds shall be placed
in the federal cooperative agricultural extension fund. [1965
c 8 § 43.79.210. Prior: 1935 c 63 § 1; RRS § 5536-4.]
43.79.260 Governor designated state’s agent. The
governor is designated the agent of the state to accept and
receive all funds from federal and other sources not otherwise provided for by law and to deposit them in the state
treasury to the credit of the appropriate fund or account.
[1973 c 144 § 1; 1965 c 8 § 43.79.260. Prior: 1945 c 243
§ 3; Rem. Supp. 1945 § 5517-12.]
43.79.270 Unanticipated receipts—Duty of department heads. (1) Whenever any money, from the federal
government, or from other sources, which was not anticipated in the budget approved by the legislature has actually
been received and is designated to be spent for a specific
purpose, the head of any department, agency, board, or commission through which such expenditure shall be made is to
submit to the governor a statement which may be in the
form of a request for an allotment amendment setting forth
the facts constituting the need for such expenditure and the
[Title 43 RCW—page 341]
43.79.270
Title 43 RCW: State Government—Executive
estimated amount to be expended: PROVIDED, That no
expenditure shall be made in excess of the actual amount
received, and no money shall be expended for any purpose
except the specific purpose for which it was received. A
copy of any proposal submitted to the governor to expend
money from an appropriated fund or account in excess of
appropriations provided by law which is based on the receipt
of unanticipated revenues shall be submitted to the joint
legislative audit and review committee and also to the
standing committees on ways and means of the house and
senate if the legislature is in session at the same time as it is
transmitted to the governor.
(2) Notwithstanding subsection (1) of this section,
whenever money from any source that was not anticipated in
the transportation budget approved by the legislature has
actually been received and is designated to be spent for a
specific purpose, the head of a department, agency, board, or
commission through which the expenditure must be made
shall submit to the governor a statement, which may be in
the form of a request for an allotment amendment, setting
forth the facts constituting the need for the expenditure and
the estimated amount to be expended. However, no expenditure may be made in excess of the actual amount received,
and no money may be expended for any purpose except the
specific purpose for which it was received. A copy of any
proposal submitted to the governor to expend money from an
appropriated transportation fund or account in excess of
appropriations provided by law that is based on the receipt
of unanticipated revenues must be submitted, at a minimum,
to the standing committees on transportation of the house
and senate, if the legislature is in session, at the same time
as it is transmitted to the governor. During the legislative
interim, any such proposal must be submitted to the legislative transportation committee. [1998 c 177 § 1; 1996 c 288
§ 37; 1973 c 144 § 2; 1965 c 8 § 43.79.270. Prior: 1945 c
243 § 4; Rem. Supp. 1945 § 5517-13.]
43.79.280 Unanticipated receipts—Duty of governor
on approval. (1) If the governor approves such estimate in
whole or part, he shall endorse on each copy of the statement his approval, together with a statement of the amount
approved in the form of an allotment amendment, and
transmit one copy to the head of the department, agency,
board, or commission authorizing the expenditure. An
identical copy of the governor’s statement of approval and
a statement of the amount approved for expenditure shall be
transmitted simultaneously to the joint legislative audit and
review committee and also to the standing committee on
ways and means of the house and senate of all executive
approvals of proposals to expend money in excess of
appropriations provided by law.
(2) If the governor approves an estimate with transportation funding implications, in whole or part, he shall endorse
on each copy of the statement his approval, together with a
statement of the amount approved in the form of an allotment amendment, and transmit one copy to the head of the
department, agency, board, or commission authorizing the
expenditure. An identical copy of the governor’s statement
of approval of a proposal to expend transportation money in
excess of appropriations provided by law and a statement of
the amount approved for expenditure must be transmitted
[Title 43 RCW—page 342]
simultaneously to the standing committees on transportation
of the house and senate. During the legislative interim, all
estimate approvals endorsed by the governor along with a
statement of the amount approved in the form of an allotment amendment must be transmitted simultaneously to the
legislative transportation committee. [1998 c 177 § 2; 1996
c 288 § 38; 1973 c 144 § 3; 1965 c 8 § 43.79.280. Prior:
1945 c 243 § 5; Rem. Supp. 1945 § 5517-14.]
43.79.282 Compliance with RCW 43.79.260 through
43.79.280. No state department, agency, board, or commission shall expend money in excess of appropriations provided by law based on the receipt of unanticipated revenues
without complying with the provisions of RCW 43.79.260
through 43.79.280. [1973 c 144 § 4.]
43.79.300 Central College fund—Moneys transferred to general fund. All moneys in the state treasury to
the credit of the Central College fund on the first day of
May, 1955, and all moneys thereafter paid into the state
treasury for or to the credit of the Central College fund, shall
be and are hereby transferred to and placed in the general
fund. [1965 c 8 § 43.79.300. Prior: 1955 c 333 § 1.]
43.79.301 Central College fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth
legislature from the Central College fund shall be paid out
of moneys in the general fund. [1965 c 8 § 43.79.301.
Prior: 1955 c 333 § 2.]
43.79.302 Central College fund—Abolished. From
and after the first day of May, 1955, the Central College
fund is abolished. [1965 c 8 § 43.79.302. Prior: 1955 c
333 § 3.]
43.79.303 Central College fund—Warrants to be
paid from general fund. From and after the first day of
May, 1955, all warrants drawn on the Central College fund
and not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1965 c 8 § 43.79.303. Prior: 1955 c 333
§ 4.]
43.79.304 Central College fund—Other revenue for
support of Central Washington University. No revenue
from any source other than the general fund, which, except
for the provisions hereof, would have been paid into the
Central College fund, shall be used for any purpose except
the support of the Central Washington University (formerly
Central Washington State College). [1977 ex.s. c 169 § 106;
1965 c 8 § 43.79.304. Prior: 1955 c 333 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.310 Eastern College fund—Moneys transferred to general fund. All moneys in the state treasury to
the credit of the Eastern College fund on the first day of
May, 1955, and all moneys thereafter paid into the state
(2002 Ed.)
State Funds
treasury for or to the credit of the Eastern College fund,
shall be and are hereby transferred to and placed in the
general fund. [1965 c 8 § 43.79.310. Prior: 1955 c 334 §
1.]
43.79.311 Eastern College fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth
legislature from the Eastern College fund shall be paid out
of moneys in the general fund. [1965 c 8 § 43.79.311.
Prior: 1955 c 334 § 2.]
43.79.312 Eastern College fund—Abolished. From
and after the first day of May, 1955, the Eastern College
fund is abolished. [1965 c 8 § 43.79.312. Prior: 1955 c
334 § 3.]
43.79.313 Eastern College fund—Warrants to be
paid from general fund. From and after the first day of
May, 1955, all warrants drawn on the Eastern College fund
and not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1965 c 8 § 43.79.313. Prior: 1955 c 334
§ 4.]
43.79.314 Eastern College fund—Other revenue for
support of Eastern Washington University. No revenue
from any source other than the general fund, which, except
for the provisions hereof, would have been paid into the
Eastern College fund, shall be used for any purpose except
the support of the Eastern Washington University (formerly
Eastern Washington State College). [1977 ex.s. c 169 § 107;
1965 c 8 § 43.79.314. Prior: 1955 c 334 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.320 Western College fund—Moneys transferred to general fund. All moneys in the state treasury to
the credit of the Western College fund on the first day of
May, 1955, and all moneys thereafter paid into the state
treasury for or to the credit of the Western College fund,
shall be and are hereby transferred to and placed in the
general fund. [1965 c 8 § 43.79.320. Prior: 1955 c 335 §
1.]
43.79.321 Western College fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth
legislature from the Western College fund shall be paid out
of moneys in the general fund. [1965 c 8 § 43.79.321.
Prior: 1955 c 335 § 2.]
43.79.322 Western College fund—Abolished. From
and after the first day of May, 1955, the Western College
fund is abolished. [1965 c 8 § 43.79.322. Prior: 1955 c
335 § 3.]
43.79.310
May, 1955, all warrants drawn on the Western College fund
and not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1965 c 8 § 43.79.323. Prior: 1955 c 335
§ 4.]
43.79.324 Western College fund—Other revenue for
support of Western Washington University. No revenue
from any source other than the general fund, which, except
for the provisions hereof, would have been paid into the
Western College fund, shall be used for any purpose except
the support of the Western Washington University (formerly
Western Washington State College). [1977 ex.s. c 169 §
108; 1965 c 8 § 43.79.324. Prior: 1955 c 335 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.330 Miscellaneous state funds—Moneys
transferred to accounts in the state treasury. All moneys
to the credit of the following state funds on the first day of
August, 1955, and all moneys thereafter paid to the state
treasurer for or to the credit of such funds, are hereby
transferred to the following accounts in the state treasury, the
creation of which is hereby authorized:
(1) Capitol building construction fund moneys, to the
capitol building construction account;
(2) Cemetery fund moneys, to the cemetery account;
(3) Feed and fertilizer fund moneys, to the feed and
fertilizer account;
(4) Forest development fund moneys, to the forest
development account;
(5) Harbor improvement fund moneys, to the harbor
improvement account;
(6) Millersylvania Park current fund moneys, to the
Millersylvania Park current account;
(7) Puget Sound pilotage fund moneys, to the Puget
Sound pilotage account;
(8) Real estate commission fund moneys, to the real
estate commission account;
(9) Reclamation revolving fund moneys, to the reclamation revolving account;
(10) University of Washington building fund moneys, to
the University of Washington building account; and
(11) State College of Washington building fund moneys,
to the Washington State University building account. [1991
sp.s. c 13 § 3; 1985 c 57 § 38; 1981 c 242 § 3; 1980 c 32
§ 3; 1979 ex.s. c 67 § 3; 1965 c 8 § 43.79.330. Prior: 1959
c 273 § 6; 1957 c 115 § 6; 1955 c 370 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Effective dates—1981 c 242: "Sections 1, 2, and 4 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981. Section 3 of this act shall take
effect September 1, 1981." [1981 c 242 § 5.]
Effective date—1980 c 32 § 3: "Section 3 of this act shall take effect
September 1, 1981." [1980 c 32 § 4.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
43.79.323 Western College fund—Warrants to be
paid from general fund. From and after the first day of
(2002 Ed.)
[Title 43 RCW—page 343]
43.79.331
Title 43 RCW: State Government—Executive
43.79.331 Miscellaneous state funds—Abolished.
From and after the first day of May, 1955, all funds from
which moneys are transferred to general fund accounts
pursuant to RCW 43.79.330, are abolished. [1965 c 8 §
43.79.331. Prior: 1955 c § 370 § 2.]
43.79.332
Miscellaneous state funds—
Appropriations of 34th legislature to be paid from
general fund. From and after the first day of April, 1955,
all appropriations made by the thirty-fourth legislature from
any of the funds abolished by RCW 43.79.331, shall be paid
from the general fund from the account to which the moneys
of the abolished fund have been transferred by RCW
43.79.330. [1965 c 8 § 43.79.332. Prior: 1955 c 370 § 3.]
43.79.333 Miscellaneous state funds—Warrants to
be paid from general fund. From and after the first day of
May, 1955, all warrants drawn on any fund abolished by
RCW 43.79.331 and not theretofore presented for payment,
shall be paid from the general fund from the account to
which the moneys of the abolished fund are directed by
RCW 43.79.330 to be transferred. [1965 c 8 § 43.79.333.
Prior: 1955 c 370 § 4.]
43.79.334
Miscellaneous state funds—
Expenditures—Revenue from other than general fund.
Expenditures from any account described in RCW 43.79.330
shall be limited to the moneys credited to the account. No
revenue from any source other than the general fund, which,
except for the provisions of RCW 43.79.330 through
43.79.334, would have been paid into any fund other than
the general fund, shall be used for any purpose except those
purposes for which such moneys were authorized prior to the
enactment hereof. [1965 c 8 § 43.79.334. Prior: 1955 c
370 § 5.]
43.79.335 Miscellaneous state funds—Washington
State University building account. Upon and after June
30, 1961 the account in the state treasury known as the
"State College of Washington Building Account" shall be
known and referred to as the "Washington State University
Building Account." This section shall not be construed as
effecting any change in such fund other than the name
thereof and as otherwise provided by law. [1985 c 57 § 39;
1965 c 8 § 43.79.335. Prior: 1961 ex.s. c 11 § 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
43.79.336 Puget Sound pilotage account redesignated as pilotage account. See RCW 88.16.061.
43.79.340 General obligation bond retirement
fund—Moneys transferred to general fund. All moneys
in the state treasury to the credit of the general obligation
bond retirement fund on the first day of May, 1955, and all
moneys thereafter paid into the state treasury for or to the
credit of the general obligation bond retirement fund, shall
be and are hereby transferred to and placed in the general
fund. [1965 c 8 § 43.79.340. Prior: 1955 c 330 § 1.]
[Title 43 RCW—page 344]
43.79.341 General obligation bond retirement
fund—Appropriations of 34th legislature to be paid from
general fund. From and after the first day of April, 1955,
all appropriations made by the thirty-fourth legislature from
the general obligation bond retirement fund shall be paid out
of moneys in the general fund. [1965 c 8 § 43.79.341.
Prior: 1955 c 330 § 2.]
43.79.342 General obligation bond retirement
fund—Abolished. From and after the first day of May,
1955, the general obligation bond retirement fund is abolished. [1965 c 8 § 43.79.342. Prior: 1955 c 330 § 3.]
43.79.343 General obligation bond retirement
fund—Warrants to be paid from general fund. From and
after the first day of May, 1955, all warrants drawn on the
general obligation bond retirement fund and not presented
for payment shall be paid from the general fund, and it shall
be the duty of the state treasurer and he is hereby directed to
pay such warrants when presented from the general fund.
[1965 c 8 § 43.79.343. Prior: 1955 c 330 § 4.]
43.79.350 Suspense account. There is established in
the state treasury a special account to be known as the
suspense account. All moneys which heretofore have been
deposited with the state treasurer in the state treasurer’s
suspense fund, and moneys hereafter received which are
contingent on some future action, or which cover
overpayments and are to be refunded to the sender in part or
whole, and any other moneys of which the final disposition
is not known, shall be transmitted to the state treasurer and
deposited in the suspense account. [1985 c 57 § 40; 1981
2nd ex.s. c 4 § 6; 1965 c 8 § 43.79.350. Prior: 1955 c 226
§ 1.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
43.79.370 Suspense account—Disbursements—
Vouchers—Warrants. Disbursement from the suspense
account (not to exceed receipts), shall be by warrant issued
against the account by the state treasurer, upon a properly
authenticated voucher presented by the state department or
office which deposited the moneys in the account. [1981
2nd ex.s. c 4 § 7; 1965 c 8 § 43.79.370. Prior: 1955 c 226
§ 3.]
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
43.79.381 Penitentiary revolving account abolished.
From and after the first day of August, 1957, the penitentiary
revolving account is abolished. [1965 c 8 § 43.79.381.
Prior: 1957 c 115 § 2.]
43.79.390 United States vocational education
account—Moneys transferred to general fund. All
moneys in the state treasury to the credit of the United States
vocational education account in the general fund on August
1, 1957, and all moneys thereafter paid into the state treasury
for or to said account, shall be and are hereby transferred to
(2002 Ed.)
State Funds
43.79.390
and placed in the general fund. [1965 c 8 § 43.79.390.
Prior: 1957 c 226 § 1.]
which moneys are transferred to the basic state general fund
pursuant to subsections (1), (2), (4), and (5) of RCW
43.79.420 are abolished. [1973 1st ex.s. c 59 § 4.]
43.79.391 United States vocational education
account—Appropriations to be paid from general fund.
From and after the first day of July, 1957, all appropriations
made by the thirty-fifth legislature from the United States
vocational education account shall be paid out of moneys in
the general fund. [1965 c 8 § 43.79.391. Prior: 1957 c 226
§ 2.]
Effective date—1973 1st ex.s. c 59: See note following RCW
43.79.420.
43.79.392 United States vocational education
account—Abolished. From and after the first day of
August, 1957, the United States vocational education account
in the general fund is abolished. [1965 c 8 § 43.79.392.
Prior: 1957 c 226 § 3.]
43.79.393 United States vocational education
account—Warrants to be paid from general fund. From
and after the first day of August, 1957, all warrants drawn
on the United States vocational education account in the
general fund and not presented for payment shall be paid
from the general fund, and it shall be the duty of the state
treasurer and he is hereby directed to pay such warrants
when presented from the general fund. [1965 c 8 §
43.79.393. Prior: 1957 c 226 § 4.]
43.79.400 State payroll revolving account, agency
payroll revolving fund—Created—Utilization. See RCW
42.16.011.
43.79.405 Parks and parkways account abolished—
Funds transferred to general fund. The state parks and
parkways account created under section 43.79.330(15),
chapter 8, Laws of 1965, is hereby abolished and all funds
remaining therein at August 1, 1969, transferred to the state
general fund. [1969 c 99 § 4.]
Effective date—1969 c 99: The effective date of this section is July
1, 1969; see note following RCW 79A.05.070.
43.79.410 Legal services revolving fund—Created—
Purpose—Uses. See RCW 43.10.150 through 43.10.200.
43.79.420 Miscellaneous state funds—Moneys
transferred to basic state general fund. All moneys to the
credit of the following state funds or accounts on the first
day of July, 1973, are hereby transferred to the basic state
general fund:
(1) Mass transit trust moneys;
(2) Probation services moneys;
(3) Columbia river gorge commission moneys;
(4) Washington state song proceeds moneys;
(5) Juvenile correction institution building construction
fund moneys. [1973 1st ex.s. c 59 § 3.]
Effective date—1973 1st ex.s. c 59: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 59 § 7.]
43.79.421 Miscellaneous state funds—Abolished.
From and after the first day of July, 1973, all funds from
(2002 Ed.)
43.79.422 Miscellaneous state funds—Warrants to
be paid from basic state general fund. From and after the
first day of July, 1973, all warrants drawn on any fund
abolished by RCW 43.79.421 and not theretofore presented
for payment, shall be paid from the basic state general fund.
[1973 1st ex.s. c 59 § 5.]
Effective date—1973 1st ex.s. c 59: See note following RCW
43.79.420.
43.79.423 Miscellaneous state funds or accounts—
Moneys transferred to state general fund. All moneys to
the credit of the following state funds or accounts as of
September 8, 1975 are transferred to the state general fund
on that date:
(1) The public school building construction account of
the general fund created under RCW 43.79.330; and
(2) The general administration construction fund in the
general fund created under *RCW 43.82.090. [1975 1st
ex.s. c 91 § 1.]
*Reviser’s note: RCW 43.82.090 was repealed by 1994 c 219 § 20.
43.79.425 Current state school fund—Abolished—
Moneys transferred. On and after June 12, 1980, the
current state school fund is abolished and the state treasurer
shall transfer any moneys in such account on such June 12,
1980, or any moneys thereafter received for such account, to
the common school construction fund as referred to in RCW
28A.515.320. [1990 c 33 § 581; 1980 c 6 § 6.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1980 c 6: See note following RCW 28A.515.320.
43.79.430 Moneys from Inland Power & Light
company to be deposited in general fund. All monies
received from the Inland Power & Light company, its
successors and assigns, in virtue of an agreement made and
entered into between said company and the State of Washington on August 31, 1932, relating to a fish hatchery on
Lewis river, shall be deposited in the general fund. [1980 c
32 § 1; 1933 c 123 § 1.]
Effective date—1980 c 32 § 1: "Section 1 of this act shall take effect
September 1, 1981." [1980 c 32 § 2.]
43.79.435 Investment reserve account abolished—
Deposit of moneys. The investment reserve account is
hereby abolished. All moneys in the investment reserve
account on *the effective date of this act shall be deposited
in the general fund. [1981 c 242 § 4.]
*Reviser’s note: For "the effective date of this act," see note
following RCW 43.79.330.
Effective dates—1981 c 242: See note following RCW 43.79.330.
43.79.440 Loan principal and interest fund. In
order to alleviate temporary cash flow deficiencies in the
general fund, it has been and will continue to be necessary
[Title 43 RCW—page 345]
43.79.440
Title 43 RCW: State Government—Executive
to borrow funds through issuance of certificates of indebtedness and to pay interest costs on outstanding certificates of
indebtedness and to retire the principal thereof. In order to
account for the interest cost of the loans and to pay the
principal thereof, there is hereby created in the state treasury
the loan principal and interest fund. All principal and
interest payments required on certificates of indebtedness
will be withdrawn from any general state revenues in the
treasury and deposited in the loan principal and interest fund
at the time or times required by the terms thereof and such
loan principal and interest shall be paid from the loan principal and interest fund according to the terms and schedules
established for such certificates. [1983 c 189 § 8.]
Severability—1983 c 189: See note following RCW 82.24.260.
43.79.441 Transfer of moneys from certain school
bond and state building construction accounts and funds
to general fund—Payment of warrants. After July 24,
1983, all moneys to the credit of any fund or account
described in the sections being repealed by sections 1 and 4,
chapter 189, Laws of 1983 and all moneys thereafter paid to
the state treasurer for or to the credit of such fund or account
shall be transferred to the general fund. After July 24, 1983,
any warrant drawn on any fund or account described in the
sections being repealed by sections 1 and 4, chapter 189,
Laws of 1983 and not presented for payment shall be paid
from the general fund, and the state treasurer shall pay such
warrants when presented from the general fund. [1983 c 189
§ 5.]
coroners, medical examiners and their staff, and the state
forensic investigations council. Funds from the death
investigations account may be appropriated during the 199799 biennium for the purposes of statewide child mortality
reviews administered by the department of health.
The University of Washington and the Washington state
forensic investigations council shall jointly determine the
yearly amount for the state forensic pathology fellowship
program established by RCW 28B.20.426. [1997 c 454 §
901; 1995 c 398 § 9; 1991 sp.s. c 13 § 21; 1991 c 176 § 4;
1986 c 31 § 2; 1985 c 57 § 41; 1983 1st ex.s. c 16 § 18.]
Severability—1997 c 454: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 454 § 1801.]
Effective date—1997 c 454: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 20, 1997]." [1997 c 454 § 1802.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1986 c 31: See note following RCW 28B.20.426.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
43.79.455 Capitol purchase and development
account. The capitol purchase and development account is
hereby created in the state treasury. [1987 c 350 § 2.]
Effective date—1987 c 350: See note following RCW 79.24.580.
Severability—1983 c 189: See note following RCW 82.24.260.
43.79.442 Transfer of moneys from certain highway
construction accounts and funds to general fund—
Payment of warrants. After July 24, 1983, all moneys to
the credit of any fund or account described in the sections
being repealed by section 6, chapter 189, Laws of 1983 and
all moneys thereafter paid to the state treasurer for or to the
credit of such fund or account shall be transferred to the
motor vehicle fund. After July 24, 1983, any warrant drawn
on any fund or account described in the sections being
repealed by section 6, chapter 189, Laws of 1983 and not
presented for payment shall be paid from the motor vehicle
fund, and the state treasurer shall pay such warrants when
presented from the motor vehicle fund. [1983 c 189 § 7.]
Severability—1983 c 189: See note following RCW 82.24.260.
43.79.445 Death investigations account—Disbursal.
There is established an account in the state treasury referred
to as the "death investigations account" which shall exist for
the purpose of receiving, holding, investing, and disbursing
funds appropriated or provided in RCW 70.58.107 and any
moneys appropriated or otherwise provided thereafter.
Moneys in the death investigations account shall be
disbursed by the state treasurer once every year on December 31 and at any other time determined by the treasurer.
The treasurer shall make disbursements to: The state
toxicology laboratory, counties for the cost of autopsies, the
University of Washington to fund the state forensic pathology fellowship program, the state patrol for providing partial
funding for the state dental identification system, the
criminal justice training commission for training county
[Title 43 RCW—page 346]
43.79.460 Savings incentive account—Report to
legislative committees. (1) The savings incentive account
is created in the custody of the state treasurer. The account
shall consist of all moneys appropriated to the account by
the legislature. The account is subject to the allotment
procedures under chapter 43.88 RCW, but no appropriation
is required for expenditures from the account.
(2) Within the savings incentive account, the state
treasurer may create subaccounts to be credited with incentive savings attributable to individual state agencies, as
determined by the office of financial management in consultation with the legislative fiscal committees. Moneys
deposited in the subaccounts may be expended only on the
authorization of the agency’s executive head or designee and
only for the purpose of one-time expenditures to improve the
quality, efficiency, and effectiveness of services to customers
of the state, such as one-time expenditures for employee
training, employee incentives, technology improvements, new
work processes, or performance measurement. Funds may
not be expended from the account to establish new programs
or services, expand existing programs or services, or incur
ongoing costs that would require future expenditures.
(3) For purposes of this section, "incentive savings"
means state general fund appropriations that are unspent as
of June 30th of a fiscal year, excluding any amounts
included in across-the-board reductions under RCW
43.88.110 and excluding unspent appropriations for:
(a) Caseload and enrollment in entitlement programs,
except to the extent that an agency has clearly demonstrated
that efficiencies have been achieved in the administration of
the entitlement program. "Entitlement program," as used in
(2002 Ed.)
State Funds
this section, includes programs for which specific sums of
money are appropriated for pass-through to third parties or
other entities;
(b) Enrollments in state institutions of higher education;
(c) A specific amount contained in a condition or
limitation to an appropriation in the biennial appropriations
act, if the agency did not achieve the specific purpose or
objective of the condition or limitation;
(d) Debt service on state obligations; and
(e) State retirement system obligations.
(4) The office of fiscal [financial] management, after
consulting with the legislative fiscal committees, shall report
to the treasurer the amount of savings incentives achieved.
By December 1, 1998, and each December 1st thereafter, the
office of financial management shall submit a report to the
fiscal committees of the legislature on the implementation of
this section. The report shall (a) evaluate the impact of this
section on agency reversions and end-of-biennium expenditure patterns, and (b) itemize agency expenditures from the
savings recovery account. [1998 c 302 § 1; 1997 c 261 § 1.]
Effective date—1997 c 261: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 6, 1997]." [1997 c 261 § 3.]
43.79.465 Education savings account. The education
savings account is created in the state treasury. The account
shall consist of all moneys appropriated to the account by
the legislature.
(1) Ten percent of legislative appropriations to the
education savings account shall be distributed as follows:
(a) Fifty percent to the distinguished professorship trust fund
under RCW 28B.10.868; (b) seventeen percent to the graduate fellowship trust fund under RCW 28B.10.882; and (c)
thirty-three percent to the college faculty awards trust fund
under RCW 28B.50.837.
(2) The remaining moneys in the education savings
account may be appropriated solely for (a) common school
construction projects that are eligible for funding from the
common school construction account, (b) technology
improvements in the common schools, and (c) during the
2001-03 fiscal biennium, technology improvements in public
higher education institutions. [2001 2nd sp.s. c 7 § 917;
1998 c 302 § 2; 1997 c 261 § 2. Formerly RCW
28A.305.235.]
Severability—Effective date—2001 2nd sp.s. c 7: See notes
following RCW 43.320.110.
Effective date—1997 c 261: See note following RCW 43.79.460.
43.79.480 Tobacco settlement account—Tobacco
prevention and control account. (1) Moneys received by
the state of Washington in accordance with the settlement of
the state’s legal action against tobacco product manufacturers, exclusive of costs and attorneys’ fees, shall be deposited
in the tobacco settlement account created in this section
except as these moneys are sold or assigned under chapter
43.340 RCW.
(2) The tobacco settlement account is created in the
state treasury. Moneys in the tobacco settlement account
may only be transferred to the health services account for the
purposes set forth in RCW 43.72.900, and to the tobacco
(2002 Ed.)
43.79.460
prevention and control account for purposes set forth in this
section.
(3) The tobacco prevention and control account is
created in the state treasury. The source of revenue for this
account is moneys transferred to the account from the
tobacco settlement account, investment earnings, donations
to the account, and other revenues as directed by law.
Expenditures from the account are subject to appropriation.
[2002 c 365 § 15; 1999 c 309 § 927.]
Captions not law—Severability—Effective date—2002 c 365: See
RCW 43.340.900 through 43.340.902.
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: "(1)
Sections 927, 928, 931, and 1101 through 1902 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and take effect
immediately [May 14, 1999].
(2) Section 929 of this act takes effect September 1, 2000." [1999 c
309 § 2002.]
Severability—1999 c 309: See note following RCW 41.06.152.
Chapter 43.79A
TREASURER’S TRUST FUND
Sections
43.79A.010 Purpose.
43.79A.020 Treasurer’s trust fund—Created—Nontreasury trust funds to
be placed in—Exceptions.
43.79A.030 Segregation—Withdrawals.
43.79A.040 Management—Income—Investment income account—
Distribution.
Investment accounting: RCW 43.33A.180.
43.79A.010 Purpose. This chapter shall apply to all
trust funds which are in the official custody of the state
treasurer but are not required by law to be maintained in the
state treasury. The purpose of this chapter is to establish a
system for the centralized management, protection and
control of such funds, hereinafter referred to as nontreasury
trust funds, and to assure their investment in such a manner
as to realize the maximum possible return consistent with
safe and prudent fiscal management. [1973 1st ex.s. c 15 §
1.]
43.79A.020 Treasurer’s trust fund—Created—
Nontreasury trust funds to be placed in—Exceptions.
There is created a trust fund outside the state treasury to be
known as the "treasurer’s trust fund." All nontreasury trust
funds which are in the custody of the state treasurer on April
10, 1973, shall be placed in the treasurer’s trust fund and be
subject to the terms of this chapter. Funds of the state
department of transportation shall be placed in the treasurer’s
trust fund only if mutually agreed to by the state treasurer
and the department. In order to assure an orderly transition
to a centralized management system, the state treasurer may
place each of such trust funds in the treasurer’s trust fund at
such times as he deems advisable. Except for department of
transportation trust funds, all such funds shall be incorporated in the treasurer’s trust fund by June 30, 1975. Other
funds in the custody of state officials or state agencies may,
upon their request, be established as accounts in the
treasurer’s trust fund with the discretionary concurrence of
the state treasurer. All income received from the treasurer’s
trust fund investments shall be deposited in the investment
[Title 43 RCW—page 347]
43.79A.020
Title 43 RCW: State Government—Executive
income account pursuant to RCW 43.79A.040. [1991 sp.s.
c 13 § 81; 1984 c 7 § 47; 1973 1st ex.s. c 15 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1984 c 7: See note following RCW 47.01.141.
43.79A.030 Segregation—Withdrawals. The state
treasurer shall be responsible for maintaining segregated
accounts of moneys of each fund which is deposited in the
treasurer’s trust fund. Except as provided by law, all money
deposited in the treasurer’s trust fund shall be held in trust
by the state treasurer and may be withdrawn only upon the
order of the depositing agency or its disbursing officer.
[1973 1st ex.s. c 15 § 3.]
43.79A.040 Management—Income—Investment
income account—Distribution. (1) Money in the
treasurer’s trust fund may be deposited, invested, and
reinvested by the state treasurer in accordance with RCW
43.84.080 in the same manner and to the same extent as if
the money were in the state treasury.
(2) All income received from investment of the
treasurer’s trust fund shall be set aside in an account in the
treasury trust fund to be known as the investment income
account.
(3) The investment income account may be utilized for
the payment of purchased banking services on behalf of
treasurer’s trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state
treasurer or affected state agencies. The investment income
account is subject in all respects to chapter 43.88 RCW, but
no appropriation is required for payments to financial
institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the
earnings credited to the investment income account to the
state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account’s or
fund’s average daily balance for the period: The Washington promise scholarship account, the college savings program
account, the Washington advanced college tuition payment
program account, the agricultural local fund, the American
Indian scholarship endowment fund, the basic health plan
self-insurance reserve account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental
disabilities endowment trust fund, the energy account, the
fair fund, the fruit and vegetable inspection account, the
game farm alternative account, the grain inspection revolving
fund, the juvenile accountability incentive account, the rural
rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, and the
children’s trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state
treasurer’s service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account’s or fund’s average daily balance for the
[Title 43 RCW—page 348]
period: The advanced right of way revolving fund, the
advanced environmental mitigation revolving account, the
city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account,
and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the
state Constitution, no trust accounts or funds shall be
allocated earnings without the specific affirmative directive
of this section. [2002 c 322 § 5; 2002 c 204 § 7; 2002 c 61
§ 6. Prior: 2001 c 201 § 4; 2001 c 184 § 4; 2000 c 79 §
45; prior: 1999 c 384 § 8; 1999 c 182 § 2; 1998 c 268 § 1;
prior: 1997 c 368 § 8; 1997 c 289 § 13; 1997 c 220 § 221
(Referendum Bill No. 48, approved June 17, 1997); 1997 c
140 § 6; 1997 c 94 § 3; 1996 c 253 § 409; prior: 1995 c
394 § 2; 1995 c 365 § 1; prior: 1993 sp.s. c 8 § 2; 1993 c
500 § 5; 1991 sp.s. c 13 § 82; 1973 1st ex.s. c 15 § 4.]
Reviser’s note: This section was amended by 2002 c 61 § 6, 2002
c 204 § 7, and by 2002 c 322 § 5, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2002 c 204: See RCW 28B.119.900.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Intent—1997 c 140: See note following RCW 47.12.330.
Effective date—1997 c 94: See note following RCW 47.04.210.
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
Effective date—1995 c 394: See note following RCW 43.84.092.
Effective date—1995 c 365: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1995." [1995 c 365 § 2.]
Effective date—Application—1993 sp.s. c 8: See note following
RCW 43.84.092.
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter 43.80
FISCAL AGENCIES
Sections
43.80.100
43.80.110
43.80.120
43.80.125
43.80.130
Definitions.
Appointment of fiscal agencies—Location—Places for payment of bonds.
Designation of fiscal agencies—Qualifications—Duration of
designation—Compensation.
Appointment of fiscal agencies in connection with registered
bonds—Contracting of services.
Receipts—Payment procedure—Cremation—Certificate of
destruction.
(2002 Ed.)
Fiscal Agencies
43.80.140
Notice of establishment of fiscal agencies—Publication—
Bonds and coupons paid at fiscal agencies.
43.80.150 Treasurers not responsible for funds remitted.
43.80.160 Return of funds remitted to redeem bonds and coupons
which remain unredeemed.
43.80.900 Effective date—1969 ex.s. c 80.
Highway bonds, registration: Chapter 47.10 RCW.
Registration of bonds with, fee: RCW 39.44.130.
State treasurer, fiscal agent of the state: RCW 43.08.090.
Trust companies, power to act as fiscal agent for public bodies: RCW
30.08.150.
43.80.100 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
indicates otherwise.
(1) "Fiscal agencies" means those banks or trust
companies as designated in RCW 43.80.110 and 43.80.120.
(2) "Subdivision" means governmental agencies,
counties, cities and towns, metropolitan municipal corporations, port districts, school districts, townships, public
colleges and universities, public community colleges,
municipal corporations, quasi municipal corporations, and all
other such governmental agencies authorized to borrow and
issue tenders of indebtedness therefor. Subdivision does not
mean housing authorities and public utility districts.
(3) "Cremation" means the destruction of canceled
bonds or coupons by any approved method, including but not
limited to, cremation facilities, incineration facilities,
shredding facilities, or dissolving in acid facilities. [1984 c
7 § 48; 1969 ex.s. c 80 § 1.]
Chapter 43.80
dollars. The state finance committee shall designate fiscal
agencies by any method deemed appropriate to the best
interests of this state and its subdivisions.
The state finance committee shall make duplicate
certificates of such designations, cause them to be attested
under the seal of the state, and file one copy of each
certification in the office of the secretary of state and
transmit the other to the bank or trust company designated.
The banks or trust companies so designated shall
continue to be such fiscal agencies for the term of four years
from and after the filing of the certificate of its designation,
and thereafter until the designation of other banks or trust
companies as such fiscal agencies.
Until successors have been appointed, the banks or trust
companies named shall act as the fiscal agencies of the state
of Washington in accordance with such terms as shall be
agreed upon between the state finance committee and the
fiscal agencies so designated. The manner and amount of
compensation of the fiscal agents shall be matters specifically left for the state finance committee to determine.
If no such banks or trust companies are willing to
accept appointment as fiscal agencies, or if the state finance
committee considers unsatisfactory the terms under which
such banks or trust companies are willing so to act, the
bonds and bond interest coupons normally payable at the
fiscal agency, shall thereupon become payable at the state
treasury or at the office of the treasurer or fiscal officer of
the subdivision concerned, as the case may be. [1969 ex.s.
c 80 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
43.80.110 Appointment of fiscal agencies—
Location—Places for payment of bonds. Fiscal agencies
shall be appointed for the payment of bonds and any
coupons issued by this state or by any subdivision thereof.
The appointed fiscal agencies may be located in any major
city of the country. No bonds hereafter issued by this state
or by any affected subdivision thereof, shall be by their
terms made payable at a specific place other than: (1) The
office of the designated fiscal agencies; (2) offices of the
state or local treasurers or fiscal offices of any affected
subdivision; or (3) the offices of trustees if provided for in
the indenture, as provided for by the terms of the bonds. As
used in this chapter, bonds do not include short-term
obligations. Fiscal agencies may be authorized to register
bonds in accordance with RCW 39.46.030.
Bonds and any coupons of subdivisions may be paid at
one or more of the state’s fiscal agents and/or at the office
of the state treasurer or offices of local treasurers as provided for in the terms of the bonds. [1983 c 167 § 117; 1982
c 216 § 1; 1969 ex.s. c 80 § 2.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Issuance of short-term obligations by municipal corporations: Chapter
39.50 RCW.
43.80.120 Designation of fiscal agencies—
Qualifications—Duration of designation—Compensation.
The state finance committee shall designate responsible
banks or trust companies as fiscal agencies, each having a
paid-up capital and surplus of not less than five million
(2002 Ed.)
43.80.125 Appointment of fiscal agencies in connection with registered bonds—Contracting of services. (1)
The fiscal agencies designated pursuant to RCW 43.80.110
and 43.80.120 may be appointed by the state treasurer or a
local treasurer to act as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the
issuance by the state or local government of registered bonds
or other obligations pursuant to a system of registration as
provided by RCW 39.46.030 and may establish and maintain
on behalf of the state or local government a central depository system for the transfer or pledge of bonds or other
obligations. The term "local government" shall be as defined
in RCW 39.46.020.
(2) Whenever in the judgment of the fiscal agencies,
certain services as registrar, authenticating agent, transfer
agent, paying agent, or other agent in connection with the
establishment and maintenance of a central depository system for the transfer or pledge of registered public obligations, or in connection with the issuance by any public entity
of registered public obligations pursuant to a system of
registration as provided in chapter 39.46 RCW, can be secured from private sources more economically than by
carrying out such duties themselves, they may contract out
all or any of such services to such private entities as such
fiscal agencies deem capable of carrying out such duties in
a responsible manner. [1995 c 38 § 10; 1994 c 301 § 14;
1985 c 84 § 3; 1983 c 167 § 11.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 43 RCW—page 349]
43.80.130
Title 43 RCW: State Government—Executive
43.80.130 Receipts—Payment procedure—
Cremation—Certificate of destruction. The fiscal agencies, on the receipt of any moneys transmitted to them by or
for this state, or for any affected subdivision, for the purpose
of paying therewith any of its bonds or coupons by their
terms made payable at the situs of the state of Washington
fiscal agencies, shall transmit forthwith to the sender of such
moneys a proper receipt therefor; pay such bonds or coupons
upon presentation thereof for payment at the office of the
fiscal agencies at or after the maturity thereof, in the order
of their presentation insofar as the moneys received for that
purpose suffice therefor; and cancel all such bonds and
coupons upon payment thereof, and thereupon forthwith
return the same to the proper officers of this state or affected
subdivisions which issued them; and, concerning the same,
report to the state and/or affected subdivision within thirty
days following a maturity date the amount of bonds and
coupons presented and paid to that date: PROVIDED, That
nothing herein shall prevent the state or any of the subdivisions thereof from designating its fiscal agencies, or the
trustee of any revenue bond issue, or both, also as its
agencies for cremation and to provide by agreement therewith, that after one year any general or revenue obligation
bonds or interest coupons that have been canceled or paid,
may be destroyed as directed by the proper officers of the
state or other subdivisions hereinbefore mentioned: PROVIDED FURTHER, That a certificate of destruction giving
full descriptive reference to the instruments destroyed shall
be made by the person or persons authorized to perform such
destruction and one copy of the certificate shall be filed with
the treasurer of the state or local subdivisions as applicable.
Whenever said treasurer has redeemed any of the bonds or
coupons referred to in this section through his local office,
or whenever such redemption has been performed by the
trustee of any revenue bond issue, and the canceled instruments or certificates of transmittal thereafter have been
forwarded to said treasurer for recording, such canceled
instruments may be forwarded to the fiscal agents designated
as agents for cremation for destruction pursuant to any
agreements therefor, or said treasurer may, notwithstanding
any provision of state statute to the contrary, himself destroy
such canceled instruments in the presence of the public
officers or boards or their authorized representatives, which
by law perform the auditing functions within the state or
such political subdivisions as hereinbefore specified:
PROVIDED, That he and the said auditing officers or boards
shall execute a certificate of destruction, giving full descriptive reference to the instruments destroyed, which certificates
shall be filed with those of the agencies for cremation herein
designated. No certificate required by this section shall be
destroyed until all of the bonds and coupons of the issue or
series described thereon shall have matured and been paid or
canceled. [1969 ex.s. c 80 § 4.]
43.80.140 Notice of establishment of fiscal agencies—Publication—Bonds and coupons paid at fiscal
agencies. The state finance committee shall, immediately
after the establishment of fiscal agencies, publish a notice
thereof, once a week for two consecutive weeks, in some
financial newspaper of general circulation in cities designated as headquarters of the fiscal agents. All bonds and
[Title 43 RCW—page 350]
coupons of this state or of any affected subdivision thereafter
issued shall be paid at the designated fiscal agencies or at
such other place as allowed by law and provided for in the
bonds. [1969 ex.s. c 80 § 5.]
43.80.150 Treasurers not responsible for funds
remitted. Neither the state treasurer nor the treasurer or
other fiscal officer of any subdivision thereof shall be held
responsible for funds remitted to the fiscal agencies. [1969
ex.s. c 80 § 6.]
43.80.160 Return of funds remitted to redeem
bonds and coupons which remain unredeemed. Upon the
written request of the state or local treasurer, after a period
of one year after the last legal payment date on matured
bonds of the state of Washington and of its subdivisions, the
funds remitted to fiscal agencies to redeem coupons and
bonds which are subsequently unredeemed by the holders of
the bonds and coupons, shall herewith be returned to the
state treasurer or the local treasurer as the case may be. The
state or local treasurer shall remain obligated for the final
redemption of the unredeemed bonds or coupons. [1969
ex.s. c 80 § 7.]
43.80.900 Effective date—1969 ex.s. c 80. This act
shall take effect on April 1, 1971, or at such time that the
present fiscal agent agreement, contracted through April 1,
1971, is abrogated. [1969 ex.s. c 80 § 8.]
Chapter 43.81
STATE-OWNED LIVING FACILITIES
Sections
43.81.010
43.81.020
43.81.030
43.81.040
Legislative declaration.
Availability of state-owned or leased living facilities.
Rent—Custodial housekeeping—Damages.
Maintenance in safe, healthful condition.
43.81.010 Legislative declaration. The legislature
recognizes that significant benefits accrue to the state and
that certain types of state operations are more efficient when
personnel services are available on an extended basis. Such
operations include certain types of facilities managed by
agencies such as the departments of natural resources,
corrections, fish and wildlife, social and health services,
transportation, and veterans affairs, and the parks and recreation commission.
The means of assuring that such personnel are available
on an extended basis is through the establishment of on-site
state-owned or leased living facilities. The legislature also
recognizes the restrictions and hardship placed upon those
personnel who are required to reside in such state-owned or
leased living facilities in order to provide extended personnel
services.
The legislature further recognizes that there are instances where it is to the benefit of the state to have state-owned
or leased living facilities occupied even though such occupancy is not required by the agency as a condition of
employment. [1994 c 264 § 27; 1988 c 36 § 19; 1985 c 463
§ 1.]
(2002 Ed.)
State-Owned Living Facilities
43.81.020 Availability of state-owned or leased
living facilities. (1) Whenever an agency requires that an
employee reside in state-owned or leased living facilities as
a condition of employment, such living facilities shall be
made available to the employee under the conditions set
forth in RCW 43.81.030 and 43.81.040.
(2) Whenever an agency determines that (a) a living
facility owned or leased by the agency is not occupied by
employees under subsection (1) of this section and (b) it
would be to the agency’s benefit to have the facility occupied by an employee of the agency whose duties involve
extended personnel services associated with the work site
upon which the living facility is located or at work site near
to where the living facility is located, the agency may make
the facility available to such employee.
(3) Whenever an agency determines that (a) a living
facility owned or leased by the agency is not occupied by
employees under subsection (1) of this section and (b) the
facility has been made available to employees under subsection (2) of this section and that no such employees have
opted to reside in the facility, the agency may make the
facility available for occupancy to other interested parties.
[1985 c 463 § 2.]
43.81.030 Rent—Custodial housekeeping—
Damages. (1) No rent may be charged to persons living in
facilities provided under RCW 43.81.020(1). Such employees shall pay the costs of utilities associated with the living
facility.
(2) Any person occupying state-owned or leased living
facilities shall do so with the understanding that he or she
assumes custodial housekeeping responsibility as directed by
the agency. Such responsibility shall not include maintenance, repairs, or improvements to the facilities. An
occupant of a state-owned or leased facility is liable for
damages to the facility in excess of normal wear and tear.
[1989 c 11 § 16; 1985 c 463 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
43.81.040 Maintenance in safe, healthful condition.
The state shall maintain living facilities occupied under
RCW 43.81.020 in a safe, healthful condition. [1985 c 463
§ 4.]
Chapter 43.82
STATE AGENCY HOUSING
Sections
43.82.010
43.82.020
43.82.030
43.82.110
43.82.120
43.82.125
43.82.130
43.82.140
43.82.150
(2002 Ed.)
Acquisition, lease, and disposal of real estate for state agencies—Long-range planning—Use of lease as collateral
or security—Colocation and consolidation—Studies—
Delegation of functions—Exemptions.
Approval by capitol committee when real estate located in
Thurston county.
Acquisition of property and rights declared public use—
Eminent domain.
Lease of space—Surplus space.
General administration services account—Rental income.
Authorized uses for general administration services account.
Powers and duties of director.
Insurance on buildings.
Inventory of state-owned or leased facilities—Report.
43.81.020
43.82.160
Plant operation and support program—Information and technical assistance—Voluntary charges and fees.
Agricultural commodity commissions exempt: RCW 15.04.200.
43.82.010 Acquisition, lease, and disposal of real
estate for state agencies—Long-range planning—Use of
lease as collateral or security—Colocation and consolidation—Studies—Delegation of functions—Exemptions. (1)
The director of general administration, on behalf of the
agency involved, shall purchase, lease, lease purchase, rent,
or otherwise acquire all real estate, improved or unimproved,
as may be required by elected state officials, institutions,
departments, commissions, boards, and other state agencies,
or federal agencies where joint state and federal activities are
undertaken and may grant easements and transfer, exchange,
sell, lease, or sublease all or part of any surplus real estate
for those state agencies which do not otherwise have the
specific authority to dispose of real estate. This section does
not transfer financial liability for the acquired property to the
department of general administration.
(2) Except for real estate occupied by federal agencies,
the director shall determine the location, size, and design of
any real estate or improvements thereon acquired or held
pursuant to subsection (1) of this section. Facilities acquired
or held pursuant to this chapter, and any improvements
thereon, shall conform to standards adopted by the director
and approved by the office of financial management governing facility efficiency unless a specific exemption from such
standards is provided by the director of general administration. The director of general administration shall report to
the office of financial management annually on any exemptions granted pursuant to this subsection.
(3) The director of general administration may fix the
terms and conditions of each lease entered into under this
chapter, except that no lease shall extend greater than twenty
years in duration. The director of general administration
may enter into a long-term lease greater than ten years in
duration upon a determination by the director of the office
of financial management that the long-term lease provides a
more favorable rate than would otherwise be available, it
appears to a substantial certainty that the facility is necessary
for use by the state for the full length of the lease term, and
the facility meets the standards adopted pursuant to subsection (2) of this section. The director of general administration may enter into a long-term lease greater than ten years
in duration if an analysis shows that the life-cycle cost of
leasing the facility is less than the life-cycle cost of purchasing or constructing a facility in lieu of leasing the facility.
(4) Except as permitted under chapter 39.94 RCW, no
lease for or on behalf of any state agency may be used or
referred to as collateral or security for the payment of
securities offered for sale through a public offering. Except
as permitted under chapter 39.94 RCW, no lease for or on
behalf of any state agency may be used or referred to as
collateral or security for the payment of securities offered for
sale through a private placement without the prior written
approval of the state treasurer. However, this limitation shall
not prevent a lessor from assigning or encumbering its
interest in a lease as security for the repayment of a promissory note provided that the transaction would otherwise be
an exempt transaction under RCW 21.20.320. The state
treasurer shall adopt rules that establish the criteria under
[Title 43 RCW—page 351]
43.82.010
Title 43 RCW: State Government—Executive
which any such approval may be granted. In establishing
such criteria the state treasurer shall give primary consideration to the protection of the state’s credit rating and the
integrity of the state’s debt management program. If it
appears to the state treasurer that any lease has been used or
referred to in violation of this subsection or rules adopted
under this subsection, then he or she may recommend that
the governor cause such lease to be terminated. The
department of general administration shall promptly notify
the state treasurer whenever it may appear to the department
that any lease has been used or referred to in violation of
this subsection or rules adopted under this subsection.
(5) It is the policy of the state to encourage the
colocation and consolidation of state services into single or
adjacent facilities, whenever appropriate, to improve public
service delivery, minimize duplication of facilities, increase
efficiency of operations, and promote sound growth management planning.
(6) The director of general administration shall provide
coordinated long-range planning services to identify and
evaluate opportunities for colocating and consolidating state
facilities. Upon the renewal of any lease, the inception of a
new lease, or the purchase of a facility, the director of
general administration shall determine whether an opportunity exists for colocating the agency or agencies in a single
facility with other agencies located in the same geographic
area. If a colocation opportunity exists, the director of
general administration shall consult with the affected state
agencies and the office of financial management to evaluate
the impact colocation would have on the cost and delivery
of agency programs, including whether program delivery
would be enhanced due to the centralization of services. The
director of general administration, in consultation with the
office of financial management, shall develop procedures for
implementing colocation and consolidation of state facilities.
(7) The director of general administration is authorized
to purchase, lease, rent, or otherwise acquire improved or
unimproved real estate as owner or lessee and to lease or
sublet all or a part of such real estate to state or federal
agencies. The director of general administration shall charge
each using agency its proportionate rental which shall
include an amount sufficient to pay all costs, including, but
not limited to, those for utilities, janitorial and accounting
services, and sufficient to provide for contingencies; which
shall not exceed five percent of the average annual rental, to
meet unforeseen expenses incident to management of the real
estate.
(8) If the director of general administration determines
that it is necessary or advisable to undertake any work,
construction, alteration, repair, or improvement on any real
estate acquired pursuant to subsection (1) or (7) of this
section, the director shall cause plans and specifications
thereof and an estimate of the cost of such work to be made
and filed in his or her office and the state agency benefiting
thereby is hereby authorized to pay for such work out of any
available funds: PROVIDED, That the cost of executing
such work shall not exceed the sum of twenty-five thousand
dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than
that done by the owner of the property if other than the
state, shall be performed in accordance with the public
works law of this state.
[Title 43 RCW—page 352]
(9) In order to obtain maximum utilization of space, the
director of general administration shall make space utilization studies, and shall establish standards for use of space by
state agencies. Such studies shall include the identification
of opportunities for colocation and consolidation of state
agency office and support facilities.
(10) The director of general administration may construct new buildings on, or improve existing facilities, and
furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major
improvements to existing facilities or acquisition of facilities
using a lease purchase contract, the director of general
administration shall conduct an evaluation of the facility
design and budget using life-cycle cost analysis, valueengineering, and other techniques to maximize the long-term
effectiveness and efficiency of the facility or improvement.
(11) All conveyances and contracts to purchase, lease,
rent, transfer, exchange, or sell real estate and to grant and
accept easements shall be approved as to form by the
attorney general, signed by the director of general administration or the director’s designee, and recorded with the
county auditor of the county in which the property is located.
(12) The director of general administration may delegate
any or all of the functions specified in this section to any
agency upon such terms and conditions as the director deems
advisable.
(13) This section does not apply to the acquisition of
real estate by:
(a) The state college and universities for research or
experimental purposes;
(b) The state liquor control board for liquor stores and
warehouses; and
(c) The department of natural resources, the department
of fish and wildlife, the department of transportation, and the
state parks and recreation commission for purposes other
than the leasing of offices, warehouses, and real estate for
similar purposes.
(14) Notwithstanding any provision in this chapter to the
contrary, the department of general administration may
negotiate ground leases for public lands on which property
is to be acquired under a financing contract pursuant to
chapter 39.94 RCW under terms approved by the state
finance committee. [1997 c 117 § 1. Prior: 1994 c 264 §
28; 1994 c 219 § 7; 1990 c 47 § 1; 1988 c 36 § 20; 1982 c
41 § 1; 1969 c 121 § 1; 1967 c 229 § 1; 1965 c 8 §
43.82.010; prior: 1961 c 184 § 1; 1959 c 255 § 1.]
Finding—1994 c 219: See note following RCW 43.88.030.
Effective dates—1982 c 41: "This act shall take effect July 1, 1982,
with the exception of section 2 of this act, which shall take effect July 1,
1983." [1982 c 41 § 3.]
Departments to share occupancy costs—Capital projects surcharge: RCW
43.01.090.
East capitol site, acquisition and development: RCW 79.24.500 through
79.24.530.
Public works: Chapter 39.04 RCW.
Use of general administration services account in acquiring real estate:
RCW 43.19.500.
43.82.020 Approval by capitol committee when real
estate located in Thurston county. The acquisition of real
estate, and use thereof, shall be subject to the approval of the
state capitol committee when the real estate is located in
(2002 Ed.)
State Agency Housing
43.82.020
Thurston county. [1965 c 8 § 43.82.020. Prior: 1961 c 184
§ 2; 1959 c 255 § 2.]
building under his management. [1965 c 8 § 43.82.140.
Prior: 1961 c 184 § 7.]
43.82.030 Acquisition of property and rights
declared public use—Eminent domain. The acquisition of
any real property or any rights or interests therein for the
purpose of this chapter is hereby declared to be for a public
use. In furtherance of the purposes of this chapter, the right
of eminent domain may be exercised as provided for in
chapter 8.04 RCW. [1965 c 8 § 43.82.030. Prior: 1959 c
255 § 3.]
43.82.150 Inventory of state-owned or leased
facilities—Report. (1) The office of financial management
shall develop and maintain an inventory system to account
for all owned or leased facilities utilized by state government. At a minimum, the inventory system must include the
location, type, condition, and size of each facility. In
addition, for owned facilities, the inventory system must
include the date and cost of original construction and the
cost of any major remodelling or renovation. The inventory
must be updated by June 30 of each year. The office of
financial management shall publish a report summarizing
information contained in the inventory system for each
agency by October 1 of each year, beginning in 1997.
(2) All agencies, departments, boards, commissions, and
institutions of the state of Washington shall provide to the
office of financial management a complete inventory of
owned and leased facilities by May 30, 1994. The inventory
must be updated and submitted to the office of financial
management by May 30 of each subsequent year. The
inventories required under this subsection must be submitted
in a standard format prescribed by the office of financial
management.
(3) For the purposes of this section, "facilities" means
buildings and other structures with walls and a roof.
"Facilities" does not mean roads, bridges, parking areas,
utility systems, and other similar improvements to real
property. [1997 c 96 § 2; 1993 c 325 § 1.]
43.82.110 Lease of space—Surplus space. All office
or other space made available through the provisions of this
chapter shall be leased by the director to such state or
federal agencies, for such rental, and on such terms and conditions as he or she deems advisable: PROVIDED, HOWEVER, If space becomes surplus, the director is authorized
to lease office or other space in any project to any person,
corporation or body politic, for such period as the director
shall determine said space is surplus, and upon such other
terms and conditions as he or she may prescribe. [1994 c
219 § 13; 1969 c 121 § 2; 1965 c 8 § 43.82.110. Prior:
1961 c 184 § 4; 1959 c 255 § 11.]
Finding—1994 c 219: See note following RCW 43.88.030.
43.82.120 General administration services account—Rental income. All rental income collected by the
department of general administration from rental of state
buildings shall be deposited in the general administration
services account. [1998 c 105 § 14; 1994 c 219 § 14; 1965
c 8 § 43.82.120. Prior: 1961 c 184 § 5; 1959 c 255 § 12.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Finding—1994 c 219: See note following RCW 43.88.030.
43.82.125 Authorized uses for general administration services account. The general administration services
account shall be used to pay all costs incurred by the
department in the operation of real estate managed under the
terms of this chapter. Moneys received into the general
administration services account shall be used to pay rent to
the owner of the space for occupancy of which the charges
have been made and to pay utility and operational costs of
the space utilized by the occupying agency: PROVIDED,
That moneys received into the account for occupancy of
space owned by the state where utilities and other operational costs are covered by appropriation to the department of
general administration shall be immediately transmitted to
the general fund. [1998 c 105 § 15; 1965 c 8 § 43.82.125.
Prior: 1961 c 184 § 6.]
Effective date—1998 c 105: See note following RCW 43.19.025.
43.82.130 Powers and duties of director. The
director of the department of general administration is
authorized to do all acts and things necessary or convenient
to carry out the powers and duties expressly provided in this
chapter. [1965 c 8 § 43.82.130. Prior: 1959 c 255 § 13.]
Findings—Purpose—1997 c 96: "The legislature finds that the
capital stock of facilities owned by state agencies represents a significant
financial investment by the citizens of the state of Washington, and that
providing agencies with the tools and incentives needed to adequately
maintain state facilities is critically important to realizing the full value of
this investment. The legislature also finds that ongoing reporting of facility
inventory, condition, and maintenance information by agencies will improve
accountability and assist in the evaluation of budget requests and facility
management by the legislature and governor. The purpose of this act is to
ensure that recent enhancements to facility and maintenance reporting
systems implemented by the office of financial management, and a new
program created by the department of general administration to provide
maintenance information and technical assistance to state and local agencies,
are sustained into the future." [1997 c 96 § 1.]
Historic properties: RCW 27.34.310.
43.82.160 Plant operation and support program—
Information and technical assistance—Voluntary charges
and fees. The department of general administration shall
provide information, technical assistance, and consultation on
physical plant operation and maintenance issues to state and
local governments through the operation of a plant operation
and support program. The program shall be funded by
voluntary subscription charges and service fees. [1997 c 96
§ 3.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
43.82.140 Insurance on buildings. The director may,
in his discretion, obtain fire or other hazard insurance on any
(2002 Ed.)
[Title 43 RCW—page 353]
Chapter 43.83
Title 43 RCW: State Government—Executive
Chapter 43.83
CAPITAL IMPROVEMENTS
Sections
1959-1961 BOND ISSUE
43.83.010
43.83.020
43.83.030
43.83.040
43.83.050
Limited obligation bonds—Authorized—Issuance, sale,
form, payment, etc.—Continuation of tax levy.
Limited obligation bonds—Proceeds to be deposited in state
building construction account—Use.
Limited obligation bonds—Retirement from state building
construction bond redemption fund—Retail sales tax
collections, continuation of levy.
Limited obligation bonds—Legislature may provide additional means of raising revenue.
Limited obligation bonds—Bonds are negotiable, legal investment and security.
1975 BOND ISSUE
43.83.130
43.83.132
43.83.134
43.83.136
43.83.138
43.83.140
43.83.142
43.83.144
43.83.146
43.83.148
1979 BOND ISSUE
1961-1963 BOND ISSUE
43.83.060
43.83.062
43.83.064
43.83.066
43.83.068
Limited obligation bonds—Authorized—Issuance, sale,
form, payment, etc.—Continuation of tax levy.
Limited obligation bonds—Proceeds to be deposited in state
building construction account—Use.
Limited obligation bonds—Retirement from state building
construction bond redemption fund—Retail sales tax
collections, continuation of levy.
Limited obligation bonds—Legislature may provide additional means of raising revenue.
Limited obligation bonds—Bonds are negotiable, legal investment and security.
43.83.150
43.83.152
43.83.154
43.83.156
43.83.158
43.83.160
1965-1967 BOND ISSUE
43.83.070
43.83.074
43.83.076
43.83.078
43.83.082
43.83.084
General obligation bonds—Authorized—Issuance, sale,
form, payment, etc.
General obligation bonds—Retirement from state building
and higher education bond redemption fund—Retail
sales tax collections, continuation of levy.
General obligation bonds—Legislature may provide additional means of raising revenue.
General obligation bonds—Legal investment for state and
local funds.
General obligation bonds—Capital improvement and capital
project defined.
General obligation bonds—Referral to electorate.
1967-1969 BOND ISSUE
43.83.090
43.83.094
43.83.096
43.83.098
43.83.102
43.83.104
General obligation bonds—Authorized—Issuance, sale,
form, payment, etc.
General obligation bonds—Retirement from state building
and higher education bond redemption fund—Retail
sales tax collections, continuation of levy.
General obligation bonds—Legislature may provide additional means of raising revenue.
General obligation bonds—Legal investment for state and
local funds.
General obligation bonds—Capital improvement and capital
project defined.
General obligation bonds—Referral to electorate.
1973 BOND ISSUE
43.83.110
43.83.112
43.83.114
43.83.116
43.83.118
43.83.120
43.83.122
43.83.124
43.83.126
General obligation bonds—Authorized—Issuance—Payment.
General obligation bonds—Powers and duties of state finance committee.
General obligation bonds—Anticipation notes—Proceeds.
General obligation bonds—Administration of proceeds from
sale.
General obligation bonds—Payment from bond redemption
fund—Procedure—General obligation of state.
General obligation bonds—Charges against state agencies to
reimburse state general fund.
General obligation bonds—Legislature may provide additional means for payment.
General obligation bonds—Legal investment for state and
other public bodies.
Severability—1973 1st ex.s. c 217.
[Title 43 RCW—page 354]
General obligation bonds—Authorized—Issuance—Payment.
General obligation bonds—Powers and duties of state finance committee.
General obligation bonds—Anticipation notes—Proceeds.
General obligation bonds—Administration of proceeds from
sale.
General obligation bonds—Payment from bond redemption
fund—Procedure.
General obligation bonds—General obligation of state.
General obligation bonds—Charges against state agencies to
reimburse state general fund.
General obligation bonds—Legislature may provide additional means for payment.
General obligation bonds—Legal investment for state and
other public bodies.
Severability—1975 1st ex.s. c 249.
43.83.162
43.83.164
43.83.166
43.83.168
43.83.170
General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
Form, terms, conditions, etc., of bonds.
Bond anticipation notes—Deposit of proceeds of bonds and
notes in state building construction account and state
general obligation bond retirement fund.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
State general obligation bond retirement fund created—Trust
fund for retirement of state general obligation bonds—
Use of designated bond retirement accounts.
Separate accounting records required for each issue of
bonds.
Payment on certain bonds from state general obligation bond
retirement fund prohibited.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Severability—1979 ex.s. c 230.
1981 BOND ISSUE
43.83.172
43.83.174
43.83.176
43.83.178
43.83.180
43.83.182
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Appropriation required.
Deposit of proceeds in state building construction account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
1983 BOND ISSUE
43.83.184
43.83.186
43.83.188
43.83.190
43.83.192
43.83.194
43.83.196
General obligation bonds—Authorized—Issuance—
Appropriation required.
Deposit of proceeds in state building construction account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Severability—1983 1st ex.s. c 54.
1984 BOND ISSUE
43.83.198
43.83.200
43.83.202
General obligation bonds—Authorized—Issuance—Price—
Appropriation required.
Deposit of proceeds in state building construction account—
Use.
Administration of proceeds.
(2002 Ed.)
Capital Improvements
43.83.204
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
43.83.206 Legislature may provide additional means for payment of
bonds.
43.83.208 Bonds legal investment for public funds.
43.83.210 Severability—1984 c 271.
Indian cultural and educational facility bond issue: Chapter 37.14 RCW.
Washington State University Tree Fruit Research Center office-laboratory
facility, financing: RCW 28B.30.600 through 28B.30.619.
1959-1961 BOND ISSUE
43.83.010 Limited obligation bonds—Authorized—
Issuance, sale, form, payment, etc.—Continuation of tax
levy. For the purpose of furnishing funds to finance projects
in the 1959-1961 capital budget, as adopted by the legislature, there shall be issued and sold limited obligation bonds
of the state of Washington in the sum of ten million eightynine thousand dollars to be paid and discharged not more
than twenty years after date of issuance. The issuance, sale
and retirement of said bonds shall be under the general
supervision and control of the state finance committee.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds; and the sale, issuance, and redemption thereof. None of the bonds herein authorized shall be
sold for less than the par value thereof. Such bonds shall
state distinctly that they shall not be a general obligation of
the state of Washington, but shall be payable in the manner
and from the proceeds of retail sales taxes as in RCW
43.83.010 through 43.83.050 provided. As a part of the
contract of sale of the aforesaid bonds, the state undertakes
to continue to levy the taxes referred to herein and to fix and
maintain said taxes in such amounts as will provide sufficient funds to pay said bonds and interest thereon until all
such obligations have been paid in full.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and upon any coupons attached
thereto. Such bonds shall be payable at such places as the
state finance committee may provide. [1965 c 8 §
43.83.010. Prior: 1959 ex.s. c 9 § 1.]
43.83.020 Limited obligation bonds—Proceeds to be
deposited in state building construction account—Use.
The proceeds from the sale of the bonds authorized herein
shall be deposited in the state building construction account
which is hereby established in the state treasury and shall be
used exclusively for the purposes of carrying out the
provisions of the capital appropriation acts, and for payment
of the expense incurred in the printing, issuance, and sale of
such bonds. [1991 sp.s. c 13 § 46; 1987 1st ex.s. c 3 § 9;
1985 c 57 § 43; 1965 c 8 § 43.83.020. Prior: 1959 ex.s. c
9 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
Effective date—1985 c 57: See note following RCW 18.04.105.
(2002 Ed.)
Chapter 43.83
43.83.030 Limited obligation bonds—Retirement
from state building construction bond redemption fund—
Retail sales tax collections, continuation of levy. Retirement of the bonds and interest authorized by RCW
43.83.010 through 43.83.050 shall be from the state building
construction bond redemption fund created by chapter 298,
Laws of 1957. The state finance committee shall on or
before June 30th of each year certify to the state treasurer
the amount needed in the ensuing twelve months to meet
interest payments on and retirement of bonds authorized by
RCW 43.83.010 through 43.83.050. The state treasurer shall
thereupon deposit such amount in the state building construction bond redemption fund from moneys transmitted to the
state treasurer by the department of revenue and certified by
the department of revenue to be sales tax collections, and
such amount certified by the state finance committee to the
state treasurer shall be a prior charge against all retail sales
tax revenues of the state of Washington, subject to and
inferior only to the charges thereon created by chapters 229
and 230, Laws of 1949, and chapter 298, Laws of 1957.
Said bond redemption fund shall be kept segregated from all
moneys in the state treasury and shall, while any of such
bonds or interest thereon remains unpaid, be available solely
for the payment thereof. As a part of the contract of sale of
the bonds herein authorized, the state undertakes to continue
to levy and collect a tax on retail sales equal to that portion
thereof allocated to said fund as provided in RCW 43.83.010
through 43.83.050, and to place the proceeds thereof in the
state building construction bond redemption fund and to
make said fund available to meet said payments when due
until all bonds and the interest thereon authorized under
RCW 43.83.010 through 43.83.050 shall have been paid.
[1975 1st ex.s. c 278 § 26; 1965 c 8 § 43.83.030. Prior:
1959 ex.s. c 9 § 3.]
Reviser’s note: Chapter 298, Laws of 1957 and chapter 230, Laws
of 1949 referred to herein were codified in chapter 72.99 RCW. The
sections in chapter 72.99 RCW were repealed by 1983 c 189 § 4 and by
1979 c 67 § 18. Chapter 229, Laws of 1949 was codified in chapter
28A.47 RCW, which has been recodified as chapter 28A.525 RCW.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
43.83.040 Limited obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising funds
for the payment of the interest and principal of the bonds
authorized by RCW 43.83.010 through 43.83.050 and RCW
43.83.010 through 43.83.050 shall not be deemed to provide
an exclusive method for such payment. The power given to
the legislature by this section is permissive and shall not be
construed to constitute a pledge of the general credit of the
state of Washington. [1965 c 8 § 43.83.040. Prior: 1959
ex.s. c 9 § 4.]
43.83.050 Limited obligation bonds—Bonds are
negotiable, legal investment and security. The bonds
herein authorized shall be fully negotiable instruments and
shall be legal investment for all state funds or for funds
under state control and all funds of municipal corporations,
and shall be legal security for all state, county, and municipal deposits. [1965 c 8 § 43.83.050. Prior: 1959 ex.s. c 9
§ 5.]
[Title 43 RCW—page 355]
43.83.060
Title 43 RCW: State Government—Executive
1961-1963 BOND ISSUE
43.83.060 Limited obligation bonds—Authorized—
Issuance, sale, form, payment, etc.—Continuation of tax
levy. For the purpose of furnishing funds to finance projects
in the 1961-1963 capital budget, as adopted by the legislature, there shall be issued and sold limited obligation bonds
of the state of Washington in the sum of twenty-seven
million five hundred fifty-six thousand dollars to be paid and
discharged not more than twenty years after date of issuance.
The issuance, sale and retirement of said bonds shall be
under the general supervision and control of the state finance
committee.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds; and the sale, issuance, and redemption thereof. None of the bonds herein authorized shall be
sold for less than the par value thereof. Such bonds shall
state distinctly that they shall not be a general obligation of
the state of Washington, but shall be payable in the manner
and from the proceeds of retail sales taxes as in RCW
43.83.060 through 43.83.068 provided. As a part of the
contract of sale of the aforesaid bonds, the state undertakes
to continue to levy the taxes referred to herein and to fix and
maintain said taxes in such amounts as will provide sufficient funds to pay said bonds and interest thereon until all
such obligations have been paid in full.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and upon any coupons attached
thereto: PROVIDED, That any bonds issued under authority
of RCW 43.83.060 through 43.83.068 for the purpose of financing the construction of the correctional institution
authorized by chapter 214, Laws of 1959, shall be so
identified and shall be subject to call prior to the maturity
date thereof. Such bonds shall be payable at such places as
the state finance committee may provide. The state finance
committee shall, in making its invitation or call for bids on
the sale or issuance of such bonds, other than those governed
by the proviso in this section, secure bids on the condition
that the bonds may be called prior to maturity and it shall
also secure bids on the condition that they shall not be
subject to prior call. [1965 c 8 § 43.83.060. Prior: 1961
ex.s. c 23 § 1.]
43.83.062 Limited obligation bonds—Proceeds to be
deposited in state building construction account—Use.
The proceeds from the sale of the bonds authorized herein
shall be deposited in the state building construction account
of the general fund and shall be used exclusively for the
purposes of carrying out the provisions of the capital
appropriation act of 1961, and for payment of the expense
incurred in the printing, issuance, and sale of such bonds.
[1965 c 8 § 43.83.062. Prior: 1961 ex.s. c 23 § 2.]
43.83.064 Limited obligation bonds—Retirement
from state building construction bond redemption fund—
Retail sales tax collections, continuation of levy. Retire[Title 43 RCW—page 356]
ment of the bonds and interest authorized by RCW
43.83.060 through 43.83.068 shall be from the state building
construction bond redemption fund created by chapter 298,
Laws of 1957. The state finance committee shall on or
before June thirtieth of each year certify to the state treasurer
the amount needed in the ensuing twelve months to meet
interest payments on and retirement of bonds authorized by
RCW 43.83.060 through 43.83.068. The state treasurer shall
thereupon deposit such amount in the state building construction bond redemption fund from moneys transmitted to the
state treasurer by the department of revenue and certified by
the department of revenue to be sales tax collections, and
such amount certified by the state finance committee to the
state treasurer shall be a prior charge against all retail sales
tax revenues of the state of Washington, subject to and
inferior only to amounts previously pledged for the payment
of interest on and retirement of bonds heretofore issued.
Said bond redemption fund shall be kept segregated from all
moneys in the state treasury and shall, while any of such
bonds or interest thereon remains unpaid, be available solely
for the payment thereof. As a part of the contract of sale of
the bonds herein authorized, the state undertakes to continue
to levy and collect a tax on retail sales equal to that portion
thereof allocated to said fund as provided in RCW 43.83.060
through 43.83.068, and to place the proceeds thereof in the
state building construction bond redemption fund and to
make said fund available to meet said payments when due
until all bonds and the interest thereon authorized under
RCW 43.83.060 through 43.83.068 shall have been paid.
[1975 1st ex.s. c 278 § 27; 1965 c 8 § 43.83.064. Prior:
1961 ex.s. c 23 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
43.83.066 Limited obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising funds
for the payment of the interest and principal of the bonds
authorized by RCW 43.83.060 through 43.83.068 and RCW
43.83.060 through 43.83.068 shall not be deemed to provide
an exclusive method for such payment. The power given to
the legislature by this section is permissive and shall not be
construed to constitute a pledge of the general credit of the
state of Washington. [1965 c 8 § 43.83.066. Prior: 1961
ex.s. c 23 § 4.]
43.83.068 Limited obligation bonds—Bonds are
negotiable, legal investment and security. The bonds
herein authorized shall be fully negotiable instruments and
shall be legal investment for all state funds or for funds
under state control and all funds of municipal corporations,
and shall be legal security for all state, county, and municipal deposits. [1965 c 8 § 43.83.068. Prior: 1961 ex.s. c 23
§ 5.]
1965-1967 BOND ISSUE
43.83.070 General obligation bonds—Authorized—
Issuance, sale, form, payment, etc. For the purpose of
providing needed capital improvements for the institutions of
higher education, the department of institutions, the depart(2002 Ed.)
Capital Improvements
ment of natural resources and other state agencies, the state
finance committee is hereby authorized to issue, at any time
prior to January 1, 1970, general obligation bonds of the
state of Washington in the sum of forty million five hundred
seventy-five thousand dollars, or so much thereof as shall be
required to finance the capital projects set forth in *RCW
43.83.080, to be paid and discharged within twenty years of
the date of issuance.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any
portion or portions of such bonds, and the conditions of sale
and issuance thereof: PROVIDED, That none of the bonds
herein authorized shall be sold for less than the par value
thereof, nor shall they bear interest at a rate in excess of six
percent per annum.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1965 ex.s. c 172 § 1.]
*Reviser’s note: RCW 43.83.080 was repealed by 1979 ex.s. c 67 §
18.
43.83.074 General obligation bonds—Retirement
from state building and higher education bond redemption fund—Retail sales tax collections, continuation of
levy. The state building and higher education bond redemption fund is hereby created in the state treasury, which fund
shall be exclusively devoted to the payment of interest on
and retirement of the bonds authorized by RCW 43.83.070
through 43.83.084. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer
the amount needed in the ensuing twelve months to meet
bond retirement and interest requirements and on July 1st of
each year the state treasurer shall deposit such amount in
said state building and higher education bond redemption
fund from moneys transmitted to the state treasurer by the
department of revenue and certified by the department of
revenue to be sales tax collections and such amount certified
by the state finance committee to the state treasurer shall be
a prior charge against all retail sales tax revenues of the state
of Washington, except that portion thereof heretofore
pledged for the payment of bond principal and interest.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer and
payment of funds as directed herein. [1975 1st ex.s. c 278
§ 28; 1965 ex.s. c 172 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
43.83.076 General obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising moneys
for the payment of the interest and principal of the bonds
authorized herein and RCW 43.83.070 through 43.83.084
shall not be deemed to provide an exclusive method for such
payment. [1965 ex.s. c 172 § 4.]
(2002 Ed.)
43.83.070
43.83.078 General obligation bonds—Legal investment for state and local funds. The bonds herein authorized shall be a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1965 ex.s. c 172 § 5.]
43.83.082 General obligation bonds—Capital
improvement and capital project defined. The words
"capital improvement" or "capital project" used herein shall
mean acquisition of sites, easements, rights of way or
improvements thereon or appurtenances thereto, construction
and initial equipment, reconstruction, demolition or major
alteration of new or presently owned capital assets. [1965
ex.s. c 172 § 7.]
43.83.084 General obligation bonds—Referral to
electorate. RCW 43.83.070 through 43.83.084 shall be
submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1966, in accordance with the provisions of section 3, Article
VIII of the state Constitution; and in accordance with the
provisions of section 1, Article II of the state Constitution as
amended, and the laws adopted to facilitate the operation
thereof. [1965 ex.s. c 172 § 8.]
1967-1969 BOND ISSUE
43.83.090 General obligation bonds—Authorized—
Issuance, sale, form, payment, etc. For the purpose of
providing needed capital improvements for the department of
general administration, the institutions of higher education
and the department of institutions, the state finance committee is authorized to issue, at any time prior to January 1,
1972, general obligation bonds of the state of Washington in
the sum of sixty-three million fifty-nine thousand dollars or
so much thereof as shall be required to finance the capital
projects set forth in *RCW 43.83.100, to be paid and
discharged within twenty years of the date of issuance.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any
portion or portions of such bonds, and the conditions of sale
and issuance thereof: PROVIDED, That none of the bonds
herein authorized shall be sold for less than the par value
thereof, nor shall they bear interest at a rate in excess of six
percent per annum.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1967 ex.s. c 148 § 1.]
*Reviser’s note: RCW 43.83.100 was repealed by 1979 ex.s. c 67 §
18.
43.83.094 General obligation bonds—Retirement
from state building and higher education bond redemption fund—Retail sales tax collections, continuation of
levy. The state building and higher education bond redemp[Title 43 RCW—page 357]
43.83.094
Title 43 RCW: State Government—Executive
tion fund is created in the state treasury, which fund shall be
exclusively devoted to the payment of interest on and
retirement of the bonds authorized by RCW 43.83.090
through 43.83.104. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer
the amount needed in the ensuing twelve months to meet
bond retirement and interest requirements, and on July 1st of
each year the state treasurer shall deposit such amount in the
state building and higher education bond redemption fund
from moneys transmitted to the state treasurer by the
department of revenue and certified by the department of
revenue to be sales tax collections; and such amount certified
by the state finance committee to the state treasurer shall be
a prior charge against all retail sales tax revenues of the state
of Washington, except that portion thereof which has been
heretofore pledged for the payment of bond principal and interest.
The owner and holder of each of the bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer and
payment of funds as directed herein. [1975 1st ex.s. c 278
§ 29; 1967 ex.s. c 148 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
43.83.096 General obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising moneys
for the payment of the interest and principal of the bonds
authorized herein and RCW 43.83.090 through 43.83.104
shall not be deemed to provide an exclusive method for such
payment. [1967 ex.s. c 148 § 4.]
43.83.098 General obligation bonds—Legal investment for state and local funds. The bonds herein authorized shall be a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1967 ex.s. c 148 § 5.]
43.83.102 General obligation bonds—Capital
improvement and capital project defined. The words
"capital improvement" or "capital project" used herein shall
mean acquisition of sites, easements, rights of way or
improvements thereon or appurtenances thereto, construction
and initial equipment, reconstruction, demolition or major
alteration of new or presently owned capital assets. [1967
ex.s. c 148 § 7.]
43.83.104 General obligation bonds—Referral to
electorate. RCW 43.83.090 through 43.83.104 shall be
submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1968, in accordance with the provisions of section 3, Article
VIII of the state Constitution; and in accordance with the
provisions of section 1, Article II of the state Constitution as
amended, and the laws adopted to facilitate the operation
thereof. [1967 ex.s. c 148 § 8.]
Reviser’s note: RCW 43.83.090 through 43.83.104 was adopted and
ratified by the people at the November 5, 1968, general election (Referendum Bill No. 19). Governor’s proclamation declaring approval of measure
[Title 43 RCW—page 358]
is dated December 5, 1968. State Constitution Art. 2 § 1(d) provides: ". . .
Such measure [initiatives and referendums] shall be in operation on and
after the thirtieth day after the election at which it is approved . . . ."
1973 BOND ISSUE
43.83.110 General obligation bonds—Authorized—
Issuance—Payment. For the purpose of acquiring land,
funding and providing the planning, acquisition, construction,
remodeling, and furnishing, together with all improvements,
enhancements, fixed equipment, and facilities, of capitol
office buildings, parking facilities, governor’s mansion, and
such other buildings and facilities as are determined to be
necessary to provide space for the legislature by way of
offices, committee rooms, hearing rooms, and work rooms,
and to provide executive office and housing for the governor,
and to provide executive office space for other elective officials and such other state agencies as may be necessary, the
state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
twenty-seven million dollars, or so much thereof as may be
required, to finance the projects defined in RCW 43.83.110
through 43.83.126 and all costs incidental thereto. Such
bonds shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1
of the state Constitution. [1973 1st ex.s. c 217 § 1.]
43.83.112 General obligation bonds—Powers and
duties of state finance committee. The issuance, sale and
retirement of said bonds shall be under the supervision and
control of the state finance committee. The committee is
authorized to prescribe the form, terms, conditions, and
covenants of the bonds, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale, issuance and redemption. None of the bonds herein
authorized shall be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and notes, if any. Such bonds shall
be payable at such places as the committee may provide.
[1973 1st ex.s. c 217 § 2.]
43.83.114 General obligation bonds—Anticipation
notes—Proceeds. At the time the state finance committee
determines to issue such bonds or a portion thereof, it may,
pending the issuing of such bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be
designated as "anticipation notes". Such portion of the
proceeds of the sale of such bonds that may be required for
such purpose shall be applied to the payment of the principal
of and interest on such anticipation notes which have been
issued. The proceeds from the sale of bonds authorized by
RCW 43.83.110 through 43.83.126 shall be deposited in the
state building construction account of the general fund in the
state treasury and shall be used exclusively for the purposes
specified in RCW 43.83.110 through 43.83.126 and for the
payment of expenses incurred in the issuance and sale of the
bonds. [1973 1st ex.s. c 217 § 3.]
(2002 Ed.)
Capital Improvements
43.83.116
General obligation bonds—
Administration of proceeds from sale. The principal
proceeds from the sale of the bonds or notes deposited in the
state building construction account of the general fund shall
be administered by the state department of general administration. [1973 1st ex.s. c 217 § 4.]
43.83.118 General obligation bonds—Payment from
bond redemption fund—Procedure—General obligation
of state. The state building bond redemption fund is hereby
created in the state treasury, which fund shall be exclusively
devoted to the payment of the principal of and interest on
the bonds authorized by RCW 43.83.110 through 43.83.126.
The state finance committee, shall, on or before June 30th of
each year, certify to the state treasurer the amount needed in
the ensuing twelve months to meet such bond retirement and
interest requirements and on July 1st of each year the state
treasurer shall deposit such amount in the state building bond
redemption fund from any general state revenues received in
the state treasury and certified by the state treasurer to be
general state revenues. Bonds issued under the provisions of
RCW 43.83.110 through 43.83.126 shall state that they are
a general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon and shall contain an
unconditional promise to pay such principal and interest as
the same shall become due. The owner and holder of each
of the bonds or the trustee for the owner and holder of any
of the bonds may by a mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed herein. [1973 1st ex.s. c 217 § 5.]
43.83.120 General obligation bonds—Charges
against state agencies to reimburse state general fund. In
addition to any other charges authorized by law and to assist
in reimbursing the state general fund for expenditures from
the general state revenues in paying the principal and interest
on the bonds and notes herein authorized, the director of
general administration shall assess a charge against each
state board, commission, agency, office, department, activity,
or other occupant or user for payment of a proportion of
costs for each square foot of floor space assigned to or
occupied by it. Payment of the amount so billed to the
entity for such occupancy shall be made annually and in
advance at the beginning of each fiscal year. The director
of general administration shall cause the same to be deposited in the state treasury to the credit of the general fund.
[1973 1st ex.s. c 217 § 6.]
43.83.122 General obligation bonds—Legislature
may provide additional means for payment. The legislature may provide additional means for raising moneys for the
payment of the principal of and interest on the bonds
authorized herein, and RCW 43.83.110 through 43.83.126
shall not be deemed to provide an exclusive method for such
payment. [1973 1st ex.s. c 217 § 7.]
43.83.124 General obligation bonds—Legal investment for state and other public bodies. The bonds herein
authorized shall be a legal investment for all state funds or
(2002 Ed.)
43.83.116
funds under state control and for all funds of any other
public body. [1973 1st ex.s. c 217 § 8.]
43.83.126 Severability—1973 1st ex.s. c 217. If any
provision of this 1973 act, or its application to any person or
circumstance is held invalid the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 217 § 9.]
1975 BOND ISSUE
43.83.130 General obligation bonds—Authorized—
Issuance—Payment. For the purpose of providing funds for
the planning, acquisition, construction, remodeling, and furnishing, together with all improvements, enhancements, and
fixed equipment of capital campus facilities and such other
buildings and facilities as are determined to be necessary to
provide space for the legislature by way of offices, committee rooms, hearing rooms, and work rooms and such other
state agencies as may be necessary, as provided in the
capital appropriations act, chapter . . ., Laws of 1975
[chapter 276, Laws of 1975 1st ex. sess.], for such purposes,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the aggregate
principal amount of six million four hundred thousand
dollars or so much thereof as may be required to finance
said projects, to be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII,
section 1 of the Constitution of the state of Washington.
[1975 1st ex.s. c 249 § 1.]
43.83.132 General obligation bonds—Powers and
duties of state finance committee. The issuance, sale and
retirement of said bonds as authorized in RCW 43.83.130
shall be under the supervision and control of the state
finance committee. The committee is authorized to prescribe
the form, terms, conditions, and covenants of the bonds, the
time or times of sale of all or any portion of such bonds and
the conditions of sale and issuance thereof. None of the
bonds herein authorized shall be sold for less than the par
value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and notes, if any. Such bonds shall
be payable at such places as the committee may provide.
[1975 1st ex.s. c 249 § 2.]
43.83.134 General obligation bonds—Anticipation
notes—Proceeds. At the time the state finance committee
determines to issue such bonds as authorized in RCW
43.83.130 through 43.83.148 or a portion thereof, pending
the issuance of such bonds, it may issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be
designated as "anticipation notes". The proceeds from the
sale of bonds and notes authorized by RCW 43.83.130
through 43.83.148 shall be deposited in the state building
construction account of the general fund in the state treasury
and shall be used exclusively for the purposes specified in
[Title 43 RCW—page 359]
43.83.134
Title 43 RCW: State Government—Executive
RCW 43.83.130 through 43.83.148 and for the payment of
expenses incurred in the issuance and sale of such bonds and
notes: PROVIDED, That such portion of the proceeds of the
sale of such bonds as may be required for the payment of
the principal and interest on such anticipation notes as have
been issued, shall be deposited in the bond redemption fund
created in RCW 43.83.138. [1975 1st ex.s. c 249 § 3.]
43.83.136
General obligation bonds—
Administration of proceeds from sale. The principal
proceeds from the sale of the bonds or notes authorized in
RCW 43.83.130 through 43.83.148 and deposited in the state
building construction account of the general fund shall be
administered by the state department of general administration, subject to legislative appropriation. [1975 1st ex.s. c
249 § 4.]
43.83.138 General obligation bonds—Payment from
bond redemption fund—Procedure. The state building
bond redemption fund, 1975, is hereby created in the state
treasury, which fund shall be exclusively devoted to the
payment of the principal of and interest on the bonds and
notes authorized by RCW 43.83.130 through 43.83.148. The
state finance committee, on or before June 30th of each year,
shall certify to the state treasurer the amount needed in the
ensuing twelve months to meet such bond retirement and
interest requirements and on July 1st of each year the state
treasurer shall deposit such amount in such state building
bond redemption fund from any general state revenues
received in the state treasury and certified by the state
treasurer to be general state revenues. [1975 1st ex.s. c 249
§ 5.]
43.83.140 General obligation bonds—General
obligation of state. Bonds issued under the provisions of
RCW 43.83.130 through 43.83.148 shall state that they are
a general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon and shall contain an
unconditional promise to pay such principal and interest as
the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds, by a
mandamus or other appropriate proceeding, may require the
transfer and payment of funds as directed herein. [1975 1st
ex.s. c 249 § 6.]
43.83.142 General obligation bonds—Charges
against state agencies to reimburse state general fund. In
addition to any other charges authorized by law and to assist
in reimbursing the state general fund for expenditures from
the general state revenues in paying the principal and interest
on the bonds and notes authorized in RCW 43.83.130
through 43.83.148, the director of general administration may
assess a charge against each state board, commission, agency, office, department, activity, or other occupant or user of
any facility or other building as authorized in RCW
43.83.130 for payment of a proportion of costs for each
square foot of floor space assigned to or occupied by it.
Payment of the amount so billed to the entity for such
occupancy shall be made annually and in advance at the
[Title 43 RCW—page 360]
beginning of each fiscal year. The director of general
administration shall cause the same to be deposited in the
state treasury to the credit of the general fund. [1975 1st
ex.s. c 249 § 7.]
43.83.144 General obligation bonds—Legislature
may provide additional means for payment. The legislature may provide additional means for raising moneys for the
payment of the principal of an interest on the bonds authorized in RCW 43.83.130 through 43.83.148, and RCW
43.83.130 through 43.83.148 shall not be deemed to provide
an exclusive method for such payment. [1975 1st ex.s. c
249 § 8.]
43.83.146 General obligation bonds—Legal investment for state and other public bodies. The bonds
authorized in RCW 43.83.130 through 43.83.148 shall be a
legal investment for all state funds or funds under state
control and for all funds of any other public body. [1975 1st
ex.s. c 249 § 9.]
43.83.148 Severability—1975 1st ex.s. c 249. If any
provision of this 1975 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 249 § 10.]
1979 BOND ISSUE
43.83.150 General obligation bonds—Authorized—
Issuance, sale, terms—Appropriation required. For the
purpose of acquiring land and providing needed capital
improvements consisting of the planning, acquisition,
construction, remodeling, and furnishing, together with all
improvements, enhancements, fixed equipment facilities of
office buildings, parking facilities, and such other buildings,
facilities, and utilities as are determined to be necessary to
provide space including offices, committee rooms, hearing
rooms, work rooms, and industrial-related space for the
legislature, for other elective officials, and such other state
agencies as may be necessary, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of twelve million five hundred
thousand dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by RCW 43.83.150 through 43.83.170 shall
be offered for sale without prior legislative appropriation,
and these bonds shall be paid and discharged within thirty
years of the date of issuance. [1985 ex.s. c 4 § 15; 1979
ex.s. c 230 § 1.]
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
43.83.152 Form, terms, conditions, etc., of bonds.
The issuance, sale, and retirement of the bonds shall be
under the supervision and control of the state finance
committee. The committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the
conditions and manner of their sale, issuance, and redemption. None of the bonds authorized in RCW 43.83.150
(2002 Ed.)
Capital Improvements
through 43.83.170 shall be sold for less than the par value
thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of the bonds and notes, if any. The bonds shall be
payable at such places as the committee may provide. [1979
ex.s. c 230 § 2.]
43.83.154 Bond anticipation notes—Deposit of
proceeds of bonds and notes in state building construction account and state general obligation bond retirement
fund. At the time the state finance committee determines to
issue the bonds, or a portion thereof, it may, pending the
issuance of the bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of the bonds, which notes shall be designated
as "bond anticipation notes". The proceeds from the sale of
bonds and notes authorized by RCW 43.83.150 through
43.83.170 shall be deposited in the state building construction account of the general fund in the state treasury and
shall be used exclusively for the purposes specified in RCW
43.83.150 through 43.83.170 and for the payment of expenses incurred in the issuance and sale of the bonds: PROVIDED, That such portion of the proceeds of the sale of the
bonds as may be required for the payment of the principal of
and interest on the anticipation notes as have been issued,
shall be deposited in the state general obligation bond
retirement fund created by RCW 43.83.160. [1979 ex.s. c
230 § 3.]
43.83.156 Administration of proceeds. The principal
proceeds from the sale of the bonds or notes deposited in the
state building construction account of the general fund shall
be administered by the state department of general administration, subject to legislative appropriation. [1979 ex.s. c
230 § 4.]
43.83.158 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds and notes authorized
by RCW 43.83.150 through 43.83.170. The state finance
committee, shall, on or before June 30th of each year, certify
to the state treasurer the amount needed in the ensuing
twelve months to meet the bond retirement and interest
requirements. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
state general obligation bond retirement fund an amount
equal to the amount certified by the state finance committee
to be due on the payment date. Bonds issued under RCW
43.83.150 through 43.83.170 shall state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
an unconditional promise to pay the principal and interest as
the same shall become due. The owner and holder of each
(2002 Ed.)
43.83.152
of the bonds or the trustee for the owner and holder of any
of the bonds may by a mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed in this section. [1979 ex.s. c 230 § 5.]
43.83.160 State general obligation bond retirement
fund created—Trust fund for retirement of state general
obligation bonds—Use of designated bond retirement
accounts. The state general obligation bond retirement fund
is hereby created in the state treasury. This fund shall be
used for the payment of principal of, redemption premium,
if any, and interest on general obligation bonds of the state
that are required to be paid either directly or indirectly from
any general state revenues and that are issued pursuant to
statutory authority which statute designates the general
obligation bond retirement fund for this purpose. This fund
shall be deemed a trust fund for this purpose.
If bond retirement accounts are created in the state
treasury by chapter 456, Laws of 1997 and become effective
prior to the issuance of any of the bonds that would otherwise be subject to payment from the state general obligation
bond retirement fund under this section, the bond retirement
accounts designated by the statutes authorizing the bond
issuance shall be used for the purposes of this chapter in lieu
of the state general obligation bond retirement fund. [1997
c 456 § 29; 1979 ex.s. c 230 § 6.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.83.162 Separate accounting records required for
each issue of bonds. Separate accounting records shall be
maintained by the state treasurer of the debt service requirements of each issue of bonds payable from the state general
obligation bond retirement fund, as certified by the state
finance committee, and of the payments made out of the
general obligation bond retirement fund to meet principal,
interest requirements, and redemption premium, if any.
[1979 ex.s. c 230 § 7.]
43.83.164 Payment on certain bonds from state
general obligation bond retirement fund prohibited. No
bonds issued pursuant to Article VIII, section 1(f) of the
Constitution of the state of Washington shall be made
payable from the state general obligation bond retirement
fund. [1979 ex.s. c 230 § 8.]
43.83.166 Legislature may provide additional means
for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.150 through 43.83.170, and RCW 43.83.150 through
43.83.170 shall not be deemed to provide an exclusive
method for the payment. [1979 ex.s. c 230 § 9.]
43.83.168 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.150 through 43.83.170
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body.
[1979 ex.s. c 230 § 10.]
[Title 43 RCW—page 361]
43.83.170
Title 43 RCW: State Government—Executive
43.83.170 Severability—1979 ex.s. c 230. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 230 § 11.]
1981 BOND ISSUE
43.83.172 General obligation bonds—Authorized—
Issuance, sale, terms, etc.—Appropriation required. For
the purpose of acquiring land and providing needed capital
improvements consisting of the planning, acquisition,
construction, remodeling, and furnishing, together with all
improvements, enhancements, fixed equipment facilities of
office buildings, parking facilities, and such other buildings,
facilities, and utilities as are determined to be necessary to
provide space including offices, committee rooms, hearing
rooms, work rooms, and industrial-related space for the
legislature, for other elective officials, and such other state
agencies as may be necessary, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of twelve million one hundred thirty
thousand dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by RCW 43.83.172 through 43.83.182 may
be offered for sale without prior legislative appropriation.
[1982 1st ex.s. c 48 § 19; 1981 c 235 § 1.]
Severability—1982 1st ex.s. c 48: See note following RCW
28B.14G.900.
43.83.174 Deposit of proceeds in state building
construction account—Use. The proceeds from the sale of
bonds authorized by RCW 43.83.172 through 43.83.182 shall
be deposited in the state building construction account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in RCW 43.83.172 through
43.83.182 and for the payment of expenses incurred in the
issuance and sale of the bonds. [1981 c 235 § 2.]
43.83.176 Administration of proceeds. The principal
proceeds from the sale of the bonds deposited in the state
building construction account of the general fund shall be
administered by the state department of general administration, subject to legislative appropriation. [1981 c 235 § 3.]
43.83.178 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized by RCW
43.83.172 through 43.83.182.
The state finance committee, shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the state general obligation bond retirement
fund an amount equal to the amount certified by the state
finance committee to be due on the payment date.
[Title 43 RCW—page 362]
Bonds issued under RCW 43.83.172 through 43.83.182
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
a mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1981 c 235 § 4.]
43.83.180 Legislature may provide additional means
for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.172 through 43.83.182, and RCW 43.83.172 through
43.83.182 shall not be deemed to provide an exclusive
method for the payment. [1981 c 235 § 5.]
43.83.182 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.172 through 43.83.180
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body.
[1981 c 235 § 6.]
1983 BOND ISSUE
43.83.184 General obligation bonds—Authorized—
Issuance—Appropriation required. For the purpose of
acquiring land and providing needed capital improvements
consisting of the planning, acquisition, construction, remodeling, and furnishing, together with all improvements, enhancements, fixed equipment facilities of office buildings, parking
facilities, and such other buildings, facilities, and utilities as
are determined to be necessary to provide space including
offices, committee rooms, hearing rooms, work rooms, and
industrial-related space for the legislature, for other elective
officials, and such other state agencies as may be necessary,
and for the purpose of land acquisitions by the department
of transportation, grants and loans by the department of
community, trade, and economic development, and facilities
of the department of corrections and other state agencies, the
state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
sixty-four million two hundred seventy thousand dollars, or
so much thereof as may be required, to finance these
projects and all costs incidental thereto. No bonds authorized in this section may be offered for sale without prior
legislative appropriation. [1995 c 399 § 78; 1985 c 466 §
54; 1983 1st ex.s. c 54 § 1.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.83.186 Deposit of proceeds in state building
construction account—Use. The proceeds from the sale of
the bonds authorized in RCW 43.83.184 shall be deposited
in the state building construction account in the general fund
and shall be used exclusively for the purposes specified in
RCW 43.83.184 and for the payment of expenses incurred in
(2002 Ed.)
Capital Improvements
the issuance and sale of the bonds. [1983 1st ex.s. c 54 §
2.]
43.83.188 Administration of proceeds. The proceeds
from the sale of the bonds deposited under RCW 43.83.186
in the state building construction account of the general fund
shall be administered by the department of general administration, subject to legislative appropriation. [1983 1st ex.s.
c 54 § 3.]
43.83.190 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.184.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 43.83.184 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall
contain an unconditional promise to pay the principal and
interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1983 1st ex.s. c 54 § 4.]
43.83.192 Legislature may provide additional means
for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.184, and RCW 43.83.190 shall not be deemed to
provide an exclusive method for the payment. [1983 1st
ex.s. c 54 § 5.]
43.83.194 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.184 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [1983 1st ex.s.
c 54 § 6.]
43.83.196 Severability—1983 1st ex.s. c 54. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 54 § 10.]
(2002 Ed.)
43.83.186
1984 BOND ISSUE
43.83.198 General obligation bonds—Authorized—
Issuance—Price—Appropriation required. For the
purpose of providing needed capital improvements consisting
of the planning, design, construction, renovation, equipping,
and repair of buildings and facilities and the acquisition of
a marine vessel and marine equipment for the department of
corrections, the state finance committee is authorized to issue
from time to time general obligation bonds of the state of
Washington in the sum of twelve million eight hundred
twenty thousand dollars, or so much thereof as may be
required, to finance these projects and all costs incidental
thereto. Bonds authorized in this section may be sold at
such price as the state finance committee shall determine.
No bonds authorized in this section may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds. [1984 c 271 § 1.]
43.83.200 Deposit of proceeds in state building
construction account—Use. The proceeds from the sale of
the bonds authorized in RCW 43.83.198 shall be deposited
in the state building construction account in the general fund
and shall be used exclusively for the purposes specified in
RCW 43.83.198 and for the payment of expenses incurred in
the issuance and sale of the bonds. [1984 c 271 § 2.]
43.83.202 Administration of proceeds. The proceeds
from the sale of the bonds deposited under RCW 43.83.200
in the state building construction account of the general fund
shall be administered by the department of general administration, subject to legislative appropriation. [1984 c 271 §
3.]
43.83.204 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.198.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 43.83.198 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall
contain an unconditional promise to pay the principal and
interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1984 c 271 § 4.]
[Title 43 RCW—page 363]
43.83.204
Title 43 RCW: State Government—Executive
State general obligation bond retirement fund: RCW 43.83.160.
43.83.206 Legislature may provide additional means
for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of, redemption premium, if any, and interest on the
bonds authorized in RCW 43.83.198, and RCW 43.83.204
shall not be deemed to provide an exclusive method for the
payment. [1984 c 271 § 5.]
43.83.208 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.198 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [1984 c 271 §
6.]
43.83.210 Severability—1984 c 271. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 271 § 7.]
Chapter 43.83A
WASTE DISPOSAL FACILITIES BOND ISSUE
Sections
43.83A.010 Declaration.
43.83A.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83A.030 Proceeds to be deposited in state and local improvements
revolving account.
43.83A.040 Administration of proceeds—Use of funds—Integration of
disposal systems.
43.83A.050 Definitions.
43.83A.060 Referral to electorate.
43.83A.070 Form, terms, conditions, etc., of bonds.
43.83A.080 Anticipation notes—Pledge and promise—Seal.
43.83A.090 Retirement of bonds from waste disposal facilities bond
redemption fund—Retail sales tax collections—
Remedies of bond holders—Debt-limit general fund
bond retirement account.
43.83A.100 Legislature may provide additional means for payment of
bonds.
43.83A.110 Bonds legal investment for public funds.
43.83A.900 Appropriation.
Waste disposal facilities—1980 bond issue: Chapter 43.99F RCW.
43.83A.010 Declaration. The long-range development
goals for the state of Washington must include the protection
of the resources and environment of the state and the health
and safety of its people by providing adequate facilities and
systems for the collection, treatment, control, or disposal of
solid or liquid waste materials. [1980 c 21 § 1; 1972 ex.s.
c 127 § 1.]
43.83A.020
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
planning, acquisition, construction, and improvement of
public waste disposal facilities in this state, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of one hundred ninetyfive million dollars or so much thereof as may be required
[Title 43 RCW—page 364]
to finance the improvements defined in this chapter and all
costs incidental thereto. As used in this section the phrase
"public waste disposal facilities" shall not include the
acquisition of equipment used to collect, carry, and transport
garbage. These bonds shall be paid and discharged within
twenty years of the date of issuance or within thirty years
should Article VIII of the Constitution of the state of
Washington be amended to permit such longer term. No
bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation of the proceeds of
such bonds to be sold. [1990 1st ex.s. c 15 § 7. Prior:
1989 1st ex.s. c 14 § 10; 1989 c 136 § 2; 1977 ex.s. c 242
§ 1; 1972 ex.s. c 127 § 2.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: "It is the intent of this act to allow the sale of
state general obligation bonds to underwriters at a discount so that they may
be sold to the public at face value, thereby resulting in lower interest costs
to the state. Increases in bond authorizations under this act represent this
discount and will have no effect on the amount of money available for the
projects to be financed by the bonds." [1989 c 136 § 1.]
Severability—1977 ex.s. c 242: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 242 § 6.]
43.83A.030 Proceeds to be deposited in state and
local improvements revolving account. The proceeds from
the sale of bonds authorized by this chapter shall be deposited in the state and local improvements revolving account
hereby created in the state treasury and shall be used
exclusively for the purpose specified in this chapter and for
payment of the expenses incurred in the issuance and sale of
the bonds. [1991 sp.s. c 13 § 43; 1985 c 57 § 44; 1972 ex.s.
c 127 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83A.040 Administration of proceeds—Use of
funds—Integration of disposal systems. The proceeds
from the sale of the bonds deposited in the state and local
improvements revolving account of the general fund under
the terms of this chapter shall be administered by the state
department of ecology subject to legislative appropriation.
The department may use or permit the use of any funds
derived from the sale of bonds authorized under this chapter
to accomplish the purpose for which said bonds are issued
by direct expenditures and by grants or loans to public
bodies, including grants to public bodies as matching funds
in any case where federal, local or other funds are made
available on a matching basis for improvements within the
purposes of this chapter.
The department may not use or permit the use of any
funds derived from the sale of bonds authorized by this
chapter for the support of a solid waste recycling activity or
service in a locale if the department determines that the
activity or service is reasonably available to persons within
that locale from private enterprise.
Integration of the management and operation of systems
for solid waste disposal with systems of liquid waste
(2002 Ed.)
Waste Disposal Facilities Bond Issue
disposal holds promise of improved waste disposal efficiency
and greater environmental protection and restoration. To
encourage the planning for and development of such integration, the legislature may provide for special grant incentives
to public bodies which plan for or operate integrated waste
disposal management systems. [1979 c 68 § 2; 1972 ex.s.
c 127 § 4.]
43.83A.050 Definitions. As used in this chapter, the
term "waste disposal facilities" shall mean any facilities or
systems owned or operated by a public body for the collection, storage, treatment, disposal, recycling, control, or
recovery of liquid wastes or solid wastes, including, but not
limited to, sanitary sewage, storm water, residential, industrial, and commercial wastes, material segregated into
recyclables and nonrecyclables, and any combination of such
wastes; and all equipment, utilities, structures, real property,
and interests in and improvements on real property, necessary for or incidental to such purpose.
As used in this chapter, the term "public body" means
the state of Washington or any agency, political subdivision,
taxing district, or municipal corporation thereof, and those
Indian tribes now or hereafter recognized as such by the
federal government for participation in the federal land and
water conservation program and which may constitutionally
receive grants or loans from the state of Washington. [1980
c 21 § 2; 1979 c 68 § 1; 1972 ex.s. c 127 § 5.]
43.83A.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s.
c 127 § 6.]
Reviser’s note: Chapter 43.83A RCW was adopted and ratified by
the people at the November 7, 1972, general election (Referendum Bill No.
26). Governor’s proclamation declaring approval of measure is dated
December 7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day
after the election at which it is approved . . . ."
43.83A.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance. [1989 c
136 § 3; 1972 ex.s. c 127 § 7.]
Intent—1989 c 136: See note following RCW 43.83A.020.
43.83A.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of such bonds, which notes shall be designated
as "anticipation notes". Such portion of the proceeds of the
sale of such bonds as may be required for such purpose shall
(2002 Ed.)
43.83A.040
be applied to the payment of the principal of and interest on
such anticipation notes which have been issued. The bonds
and notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of
the seal of the state of Washington in the issuance of the
bonds and notes. [1972 ex.s. c 127 § 8.]
43.83A.090 Retirement of bonds from waste
disposal facilities bond redemption fund—Retail sales tax
collections—Remedies of bond holders—Debt-limit
general fund bond retirement account. The waste disposal
facilities bond redemption fund is created in the state
treasury. This fund shall be exclusively devoted to the
payment of interest on and retirement of the bonds authorized by this chapter. The state finance committee shall, on
or before June 30th of each year, certify to the state treasurer
the amount needed in the ensuing twelve months to meet
such bond retirement and interest requirements, and on July
1st of each year the state treasurer shall deposit such amount
in the waste disposal facilities bond redemption fund from
moneys transmitted to the state treasurer by the state department of revenue and certified by the department to be
sales tax collections. Such amount certified by the state
finance committee to the state treasurer shall be a prior
charge against all retail sales tax revenues of the state of
Washington, except that portion thereof heretofore pledged
for the payment of bond principal and interest. The owner
and holder of each of the bonds or the trustee for any of the
bonds may by mandamus or other appropriate proceeding
require the transfer and payment of funds as directed herein.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997
and becomes effective prior to the issuance of any of the
bonds authorized by this chapter, the debt-limit general fund
bond retirement account shall be used for the purposes of
this chapter in lieu of the waste disposal facilities bond
redemption fund. [1997 c 456 § 12; 1972 ex.s. c 127 § 9.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.83A.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 127 § 10.]
43.83A.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds, or for funds under state control, and for all
funds of any other public body. [1972 ex.s. c 127 § 11.]
43.83A.900 Appropriation. There is appropriated to
the state department of ecology, from the state and local
improvements revolving account out of the proceeds of sale
of the bonds or notes authorized herein, for the period from
the effective date of this act through June 30, 1973, the sum
of ten million dollars for use by said department for grants
to public bodies as state matching funds for the purpose of
[Title 43 RCW—page 365]
43.83A.900
Title 43 RCW: State Government—Executive
aiding in the planning, acquisition, construction, and improvement of waste disposal facilities. [1972 ex.s. c 127 §
12.]
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 240.]
Chapter 43.83B
WATER SUPPLY FACILITIES
43.83B.010 Declaration. The long-range development
goals for the state of Washington must include the provision
of those supportive public services necessary for the development and expansion of industry, commerce, and employment including the furnishing of an adequate supply of water
for domestic, industrial, and agricultural purposes. [1972
ex.s. c 128 § 1.]
Sections
43.83B.005 Transfer of duties to the department of health.
43.83B.010 Declaration.
43.83B.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83B.030 Proceeds to be deposited in state and local improvements
revolving account.
43.83B.040 Administration of proceeds—Use of funds.
43.83B.050 Definitions.
43.83B.060 Referral to electorate.
43.83B.070 Form, terms, conditions, etc., of bonds.
43.83B.080 Anticipation notes—Pledge and promise—Seal.
43.83B.090 Retirement of bonds from water supply facilities bond redemption fund—Retail sales tax collections—Remedies
of bond holders.
43.83B.100 Legislature may provide additional means for payment of
bonds.
43.83B.110 Bonds legal investment for public funds.
AGRICULTURAL WATER SUPPLY FACILITIES
43.83B.200 Deposit of proceeds from repayment of loans, interest, gifts,
grants, etc., in state and local improvements revolving
account—Water supply facilities—Use.
43.83B.210 Loans or grants from department of ecology—Authorized—
Limitations.
43.83B.220 Contractual agreements.
43.83B.230 Provision for recreation, fish and wildlife enhancement and
other public benefits.
EMERGENCY WATER WITHDRAWAL AND FACILITIES
43.83B.300 Legislative findings—General obligation bonds authorized—
Issuance, terms—Appropriation required.
43.83B.336 Civil penalties.
43.83B.345 Rates of charges for water—Payment into bond redemption
fund—Grants and loans—Contracts.
43.83B.350 Loans or grants from department of ecology—Authorized—
Limitations.
43.83B.355 Form, sale, conditions, etc., of bonds—"Water supply facilities for water withdrawal and distribution" defined.
43.83B.360 State emergency water projects revolving account—Proceeds
from sale of bonds.
43.83B.365 Administration of proceeds from sale of bonds.
43.83B.370 Retirement of bonds and notes from emergency water projects bond redemption fund—Remedies of bond holders.
43.83B.375 Bonds legal investment for public funds.
43.83B.380 Appropriations to department of health—Authorized projects—Conditions.
43.83B.385 Appropriations to department of ecology—Authorized projects—Findings.
43.83B.400 Drought conditions—Defined—Intent.
43.83B.405 Drought conditions—Withdrawals and diversions—Orders,
procedure.
43.83B.410 Drought conditions—Withdrawals and diversions—Orders,
authority granted.
43.83B.415 Drought conditions—Loans and grants.
43.83B.420 Rules.
43.83B.425 Applicability—Construction.
43.83B.430 State drought preparedness account.
43.83B.900 Severability—1975 1st ex.s. c 295.
43.83B.901 Severability—1977 ex.s. c 1.
43.83B.005 Transfer of duties to the department of
health. The powers and duties of the department of social
[Title 43 RCW—page 366]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.83B.020
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
planning, acquisition, construction, and improvement of
water supply facilities within the state, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of seventy-five million
dollars or so much thereof as may be required to finance the
improvements defined in this chapter and all costs incidental
thereto. These bonds shall be paid and discharged within
twenty years of the date of issuance or within thirty years
should Article VIII of the Constitution of the state of
Washington be amended to permit such longer term. No
bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation of the proceeds of
such bonds to be sold. [1977 ex.s. c 242 § 2; 1972 ex.s. c
128 § 2.]
Severability—1977 ex.s. c 242: See note following RCW
43.83A.020.
43.83B.030 Proceeds to be deposited in state and
local improvements revolving account. The proceeds from
the sale of bonds authorized by this chapter shall be deposited in the state and local improvements revolving account
hereby created in the state treasury and shall be used
exclusively for the purpose specified in this chapter and for
payment of the expenses incurred in the issuance and sale of
the bonds. [1991 sp.s. c 13 § 53; 1985 c 57 § 45; 1972 ex.s.
c 128 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83B.040 Administration of proceeds—Use of
funds. The proceeds from the sale of the bonds deposited
in the state and local improvements revolving account of the
general fund under the terms of this chapter shall be administered by the state department of ecology subject to legislative appropriation. The department may use or permit the
use of any funds derived from the sale of bonds authorized
under this chapter to accomplish the purpose for which said
bonds are issued by direct expenditures and by grants or
loans to public bodies, including grants to public bodies as
matching funds in any case where federal, local, or other
funds are made available on a matching basis for improvements within the purposes of this chapter. [1972 ex.s. c 128
§ 4.]
(2002 Ed.)
Water Supply Facilities
43.83B.050 Definitions. As used in this chapter, the
term "water supply facilities" shall mean municipal, industrial, and agricultural water supply and distribution systems
including, but not limited to, all equipment, utilities, structures, real property, and interests in and improvements on
real property, necessary for or incidental to the acquisition,
construction, installation, or use of any municipal, industrial,
or agricultural water supply or distribution system.
As used in this chapter, the term "public body" means
the state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof, a board of
joint control, an agency of the federal government, and those
Indian tribes now or hereafter recognized as such by the
federal government for participation in the federal land and
water conservation program and which may constitutionally
receive grants or loans from the state of Washington. [1996
c 320 § 20; 1975 c 18 § 1; 1972 ex.s. c 128 § 5.]
43.83B.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s.
c 128 § 6.]
Reviser’s note: RCW 43.83B.010 through 43.83B.110 was adopted
and ratified by the people at the November 7, 1972, general election
(Referendum Bill No. 27). Governor’s proclamation declaring approval of
measure is dated December 7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day
after the election at which it is approved . . . ."
43.83B.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance. None of
the bonds herein authorized shall be sold for less than their
par value. [1972 ex.s. c 128 § 7.]
43.83B.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of such bonds, which notes shall be designated
as "anticipation notes". Such portion of the proceeds of the
sale of such bonds as may be required for such purpose shall
be applied to the payment of the principal of and interest on
such anticipation notes which have been issued. The bonds
and notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of
the seal of the state of Washington in the issuance of the
bonds and notes. [1972 ex.s. c 128 § 8.]
(2002 Ed.)
43.83B.050
43.83B.090 Retirement of bonds from water supply
facilities bond redemption fund—Retail sales tax collections—Remedies of bond holders. The water supply facilities bond redemption fund is created in the state treasury.
This fund shall be exclusively devoted to the payment of
interest on and retirement of the bonds authorized by this
chapter. The state finance committee shall, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet such
bond retirement and interest requirements, and on July 1st of
each year the state treasurer shall deposit such amount in the
water supply facilities bond redemption fund from moneys
transmitted to the state treasurer by the state department of
revenue and certified by the department to be sales tax
collections. Such amount certified by the state finance
committee to the state treasurer shall be a prior charge
against all retail sales tax revenues of the state of Washington, except that portion thereof heretofore pledged for the
payment of bond principal and interest. The owner and
holder of each of the bonds or the trustee for any of the
bonds may by mandamus or other appropriate proceeding
require the transfer and payment of funds as directed herein.
[1972 ex.s. c 128 § 9.]
43.83B.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 128 § 10.]
43.83B.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds or for funds under state control and for all
funds of any other public body. [1972 ex.s. c 128 § 11.]
AGRICULTURAL WATER SUPPLY FACILITIES
43.83B.200 Deposit of proceeds from repayment of
loans, interest, gifts, grants, etc., in state and local
improvements revolving account—Water supply facilities—Use. The proceeds from repayment of any loans
made for agricultural water supply facilities and the interest
earned from such loans, any gifts, grants, or other funds
provided to the state for agricultural water supply facilities,
and any interest earned on the interim investment of such
funds or proceeds shall be deposited in the state and local
improvements revolving account—water supply facilities and
shall be used exclusively for agricultural water supply
facilities. [1975 1st ex.s. c 295 § 1.]
43.83B.210 Loans or grants from department of
ecology—Authorized—Limitations. The department of
ecology is authorized to make loans or grants or combinations thereof from funds under RCW 43.83B.010 through
43.83B.110 to eligible public bodies as defined in RCW
43.83B.050 for rehabilitation or betterment of agricultural
water supply facilities, and/or construction of agricultural
water supply facilities required to develop new irrigated
lands. The department of ecology may make such loans or
grants or combinations thereof as matching funds in any case
[Title 43 RCW—page 367]
43.83B.210
Title 43 RCW: State Government—Executive
where federal, local, or other funds have been made available on a matching basis. A loan or combination loan and
grant shall not exceed fifty percent of the approved eligible
project cost for any single proposed project. Any grant or
grant portion of a combination loan and grant from funds
under RCW 43.83B.010 through 43.83B.110 for any single
proposed project shall not exceed fifteen percent of the
eligible project costs: PROVIDED, That the fifteen percent
limitation established herein shall not be applicable to project
commitments which the director or deputy director of the
state department of ecology made to the bureau of reclamation of the United States department of interior for providing
state funding at thirty-five percent of project costs during the
period between August 1, 1974, and June 30, 1975. [1989
c 171 § 7; 1988 c 46 § 1; 1987 c 343 § 4; 1977 ex.s. c 1 §
11; 1975-’76 2nd ex.s. c 36 § 1; 1975 1st ex.s. c 295 § 3.]
Severability—1989 c 171: See note following RCW 43.83B.400.
Severability—1987 c 343: See note following RCW 43.83B.300.
43.83B.220 Contractual agreements. In addition to
the powers granted by RCW 43.83B.210, the director of the
department of ecology or his designee is authorized to make
contractual agreements in accordance with provisions of this
chapter on behalf of the state of Washington. Contractual
agreements shall include provisions to secure such loans, and
shall assure the proper and timely payment of said loans or
loan portions of combination loans and grants. [1989 c 11
§ 17; 1975 1st ex.s. c 295 § 5.]
Severability—1989 c 11: See note following RCW 9A.56.220.
43.83B.230 Provision for recreation, fish and
wildlife enhancement and other public benefits. In the
course of considering applications under this chapter, the
department of ecology shall make known to other state
agencies possibilities which may arise to provide public
benefits such as recreation or fish and wildlife enhancement
in connection with proposed projects. Such agencies,
including the department of ecology, are authorized to
participate in said projects provided agency funds are made
available to pay the full cost of their participation. [1975 1st
ex.s. c 295 § 14.]
EMERGENCY WATER WITHDRAWAL
AND FACILITIES
43.83B.300 Legislative findings—General obligation
bonds authorized—Issuance, terms—Appropriation
required. The legislature finds that the fundamentals of
water resource policy in this state must be reviewed by the
legislature to ensure that the water resources of the state are
protected and fully utilized for the greatest benefit to the
people of the state of Washington. The legislature further
finds that it is necessary to provide the department of
ecology with emergency powers to authorize withdrawals of
public surface and ground waters, including dead storage
within reservoirs, on a temporary basis, and construction of
facilities in relation thereto, in order to alleviate emergency
water supply conditions arising from the drought forecast for
the state of Washington during 1977 and during 1987
through 1989.
[Title 43 RCW—page 368]
The legislature further finds that there is a continuing
water supply shortage in many areas of the state and that
there is an urgent need to assure the survival of irrigated
crops and of the state’s fisheries.
The legislature further finds that in addition to water
storage facilities or other augmentation programs, improved
efficiency of water use could provide an important new
supply of water in many parts of the state with which to
meet future water needs and that improved efficiency of
water use should receive greater emphasis in the management of the state’s water resources.
In order to study the fundamentals of water resource
policy of the state and to provide needed moneys for the
planning, acquisition, construction, and improvement of
water supply facilities and for other appropriate measures to
assure the survival of irrigated crops and/or the state’s
fisheries to alleviate emergency water supply conditions
arising from droughts occurring from time to time in the
state of Washington, and to carry out a comprehensive water
use efficiency study for the state of Washington, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of eighteen
million dollars, or so much thereof as may be required to
finance such projects, and all costs incidental thereto. No
bonds authorized by this section and RCW 43.83B.360
through 43.83B.375 shall be offered for sale without prior
legislative appropriation, and these bonds shall be paid and
discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1988 c 47 § 1; 1988 c 46 § 2; 1988 c 45 § 1;
1987 c 343 § 1; 1979 ex.s. c 263 § 1; 1977 ex.s. c 1 § 1.]
Reviser’s note: This section was amended by 1988 c 45 § 1, 1988
c 46 § 2, and by 1988 c 47 § 1, each without reference to the other. All
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—1988 c 47: "Nothing in this act shall apply to or
interfere with the processing or issuance of water rights in connection with
the Yakima River Basin Water Enhancement Project." [1988 c 47 § 8.]
Severability—1988 c 47: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 47 § 9.]
Severability—1987 c 343: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 343 § 11.]
Severability—1979 ex.s. c 263: "If any provision of this 1979
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1979 ex.s. c 263 § 5.]
43.83B.336
Civil penalties. See RCW 90.03.600.
43.83B.345 Rates of charges for water—Payment
into bond redemption fund—Grants and loans—
Contracts. (1) The department of ecology shall, by rule,
establish rates of charges for all waters delivered from such
facilities as constructed by the department with funds
provided in RCW 43.83B.385 (2) or (3). Where the department provides water to public or municipal corporations or
other governmental bodies having authority to distribute
water, the payment for the water may be made pursuant to
contract over a period not exceeding twenty-five years from
the date of delivery. In all other cases, the department shall
(2002 Ed.)
Water Supply Facilities
obtain payment for waters prior to its delivery to a purchaser. All payments received shall be deposited into the state
emergency water projects bond redemption fund of 1977.
(2) Public bodies, eligible to obtain funds through grants
or loans or combinations thereof under the provisions of
*RCW 43.83B.300 through 43.83B.345 and 43.83B.210 as
now or hereafter amended, are authorized to enter into
contracts with the department of ecology for the purpose of
repaying loans authorized by RCW 43.83B.380 and
43.83B.385 and for the purpose of purchasing water under
this section.
(3) The department of ecology is authorized to enter
into appropriate contracts to ensure effective delivery of
water and the operation and maintenance of facilities
constructed pursuant to *RCW 43.83B.300 through
43.83B.385, 43.83B.901, and 43.83B.210. [1977 ex.s. c 1 §
10.]
*Reviser’s note: RCW 43.83B.305 through 43.83B.330 and
43.83B.340 through 43.83B.344 were repealed by 1989 c 171 § 12.
43.83B.350 Loans or grants from department of
ecology—Authorized—Limitations. See RCW 43.83B.210.
43.83B.355 Form, sale, conditions, etc., of bonds—
"Water supply facilities for water withdrawal and
distribution" defined. The state finance committee is
authorized to prescribe the form of the bonds authorized in
RCW 43.83B.300, the time of sale of all or any portion or
portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds.
As used in RCW 43.83B.300, and 43.83B.355 through
43.83B.375, the term "water supply facilities for water
withdrawal and distribution" shall mean municipal, industrial,
and agricultural water supply and distribution systems
including, but not limited to, all equipment, utilities, structures, real property, and interest in and improvements on real
property necessary for or incidental to the acquisition,
construction, installation, improvement, or use of any water
supply or distribution system furnishing water for agricultural, municipal or industrial purposes. [1977 ex.s. c 1 § 12.]
43.83B.360 State emergency water projects revolving account—Proceeds from sale of bonds. The proceeds
from the sale of bonds authorized by RCW 43.83B.300, and
43.83B.355 through 43.83B.375 shall be deposited in the
state emergency water projects revolving account, hereby
created in the state treasury, and shall be used exclusively
for the purposes specified in RCW 43.83B.300, and
43.83B.355 through 43.83B.375 and for the payment of
expenses incurred in the issuance and sale of such bonds.
[1991 sp.s. c 13 § 33; 1985 c 57 § 46; 1977 ex.s. c 1 § 13.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
(2002 Ed.)
43.83B.345
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83B.365 Administration of proceeds from sale of
bonds. The principal proceeds from the sale of the bonds
authorized in RCW 43.83B.300, and 43.83B.355 through
43.83B.375 shall be administered by the director of the
department of ecology. [1977 ex.s. c 1 § 14.]
43.83B.370 Retirement of bonds and notes from
emergency water projects bond redemption fund—
Remedies of bond holders. The state emergency water
projects bond redemption fund of 1977, hereby created in the
state treasury, shall be used for the purpose of the payment
of interest on and retirement of the bonds and notes authorized to be issued by RCW 43.83B.300, and 43.83B.355
through 43.83B.375. The state finance committee, on or
before June 30th of each year, shall certify to the state
treasurer the amount needed in the ensuing twelve months,
to meet bond retirement and interest requirements. Not less
than thirty days prior to the date on which any such interest
or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1977 emergency water
projects bond redemption fund an amount equal to the
amount certified by the state finance committee to be due on
such payment date.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
payment of funds as directed herein. [1977 ex.s. c 1 § 15.]
43.83B.375 Bonds legal investment for public funds.
The bonds authorized by RCW 43.83B.300, and 43.83B.355
through 43.83B.375 shall be a legal investment for all state
funds under state control and all funds of municipal corporations. [1977 ex.s. c 1 § 16.]
43.83B.380 Appropriations to department of
health—Authorized projects—Conditions. There is hereby
appropriated to the department of health the sum of nine
million seven hundred thirty-seven thousand dollars, or so
much thereof as may be necessary, for the biennium ending
June 30, 1977, from the general fund—state and local
improvements revolving account—water supply facilities for
the purposes authorized in *RCW 43.83B.300 through
43.83B.345 and 43.83B.210 as now or hereafter amended
relating to the emergency water conditions arising from the
drought forecast for the summer and fall of 1977 affecting
municipal and industrial water supply distribution facilities.
Prior to the expenditure of funds for projects approved by
the department, the department shall file a listing of the
approved projects with the senate ways and means committee and the house appropriations committee.
(2) There is hereby appropriated to the department of
health the sum of five million three hundred twenty-seven
thousand dollars, or so much thereof as may be necessary,
for the biennium ending June 30, 1977, from the general
fund—state and local improvements revolving account—
water supply facilities to be expended for municipal and
industrial water supply and distribution facility projects for
which applications are in progress on March 25, 1977 and
[Title 43 RCW—page 369]
43.83B.380
Title 43 RCW: State Government—Executive
have arisen from the drought forecast for the summer and
fall of 1977. Prior to the expenditure of funds for projects
approved by the department, the department shall file a
listing of the approved projects with the senate ways and
means committee and the house appropriations committee.
The municipal and industrial water supply and distribution facilities receiving funds from the appropriations
contained in this section shall comply with the eligible costs
criteria, health and design standards, and contract performance requirements of the municipal and industrial funding
program under chapter 43.83B RCW. All projects shall be
evaluated by applying the said chapter’s evaluation and
prioritization criteria to insure that only projects related to
water shortage problems receive funding. The projects
funded shall be limited to those projects providing interties
with adjacent utilities, an expanded source of supply,
conservation projects which will conserve or maximize
efficiency of the existing supply, or a new source of supply.
No obligation to provide a grant for a project authorized
under this section shall be incurred after June 30, 1977.
[1991 c 3 § 300; 1977 ex.s. c 1 § 17.]
*Reviser’s note: RCW 43.83B.305 through 43.83B.330 and
43.83B.340 through 43.83B.344 were repealed by 1989 c 171 § 12.
43.83B.385 Appropriations to department of
ecology—Authorized projects—Findings. (1) There is
hereby appropriated to the department of ecology for the
biennium ending June 30, 1977, from the state emergency
water projects revolving account in the general fund, the sum
of seven million dollars, or so much thereof as may be
necessary, which shall be expended for the financing of the
following agricultural water supply and distribution projects
from surface water sources: Kennewick Irrigation District;
Kittitas Reclamation District; Stemilt Irrigation District;
Wenatchee Heights Reclamation District; and the Wenatchee
Reclamation District.
(2) There is hereby appropriated to the department of
ecology for the biennium ending June 30, 1977, from the
state emergency water projects revolving account in the
general fund, the sum of five million dollars, or so much
thereof as may be necessary, which shall be expended for
the financing and construction of agricultural water supply
and distribution projects from ground water sources primarily
in the Moxee-Ahtanum and Park Creek aquifer areas.
(3) There is hereby appropriated to the department of
ecology for the biennium ending June 30, 1977, from the
state emergency water supply revolving account in the
general fund the sum of six million dollars, or so much
thereof as may be necessary, which shall be expended for
water withdrawal projects relating to ground and surface
waters as provided for in subsections (1) and (2) of this
section and for the financing and construction of agricultural
water supply and distribution projects from ground and
surface water sources which may become required by public
bodies other than those identified in this section as a result
of the drought forecast for the summer and fall of 1977.
The department may expend funds from the appropriations contained in subsections (1), (2), and (3) of this section
to make loans or combinations of loans and grants to public
bodies as defined in RCW 43.83B.050. The grant portion of
a combination loan and grant to a public body for any
[Title 43 RCW—page 370]
project shall not exceed fifteen percent of the total amount
received by such project under this section.
The department may expend funds from the appropriations contained in subsections (1), (2), and (3) of this section
to make loans or combinations of loans and grants to public
bodies as defined in RCW 43.83B.050 to satisfy the matching requirements of RCW 43.83B.210 as now or hereafter
amended.
Prior to the funding of any agriculture projects not
specifically set forth in this section the department must
make a formal finding that: An emergency water shortage
condition exists; the project proposed for funding will
alleviate the water shortage; the public body recipient of any
funds has reasonable capability to repay the loan involved;
and the water from the project will be used for a beneficial
purpose as a substitute for water not available due to drought
conditions. [1977 ex.s. c 1 § 18.]
43.83B.400 Drought conditions—Defined—Intent.
It is the intent of the legislature to provide emergency
powers to the department of ecology to enable it to take
actions, in a timely and expeditious manner, that are designed to alleviate hardships and reduce burdens on various
water users and uses arising from drought conditions. As
used in this chapter, "drought condition" means that the
water supply for a geographical area or for a significant
portion of a geographical area is below seventy-five percent
of normal and the water shortage is likely to create undue
hardships for various water uses and users. [1989 c 171 §
1.]
Severability—1989 c 171: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 171 § 14.]
43.83B.405 Drought conditions—Withdrawals and
diversions—Orders, procedure. (1) Whenever it appears
to the department of ecology that a drought condition either
exists or is forecast to occur within the state or portions
thereof, the department of ecology is authorized to issue
orders, pursuant to rules previously adopted, to implement
the powers as set forth in RCW 43.83B.410 through
43.83B.420. The department shall, immediately upon the
issuance of an order under this section, cause said order to
be published in newspapers of general circulation in the
areas of the state to which the order relates. Prior to the
issuance of an order, the department shall (a) consult with
and obtain the views of the federal and state government
entities identified in the drought contingency plan periodically revised by the department pursuant to RCW
43.83B.410(4), and (b) obtain the written approval of the
governor. Orders issued under this section shall be deemed
orders for the purposes of chapter 34.05 RCW.
(2) Any order issued under subsection (1) of this section
shall contain a termination date for the order. The termination date shall be not later than one calendar year from the
date the order is issued. Although the department may, with
the written approval of the governor, change the termination
date by amending the order, no such amendment or series of
amendments may have the effect of extending its termination
to a date which is later than two calendar years after the
issuance of the order.
(2002 Ed.)
Water Supply Facilities
(3) The provisions of subsection (2) of this section do
not preclude the issuance of more than one order under
subsection (1) of this section for different areas of the state
or sequentially for the same area as the need arises for such
an order or orders. [1989 c 171 § 2.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.410 Drought conditions—Withdrawals and
diversions—Orders, authority granted. Upon the issuance
of an order under RCW 43.83B.405, the department of ecology is empowered to:
(1)(a) Authorize emergency withdrawal of public surface
and ground waters, including dead storage within reservoirs,
on a temporary basis and authorize associated physical works
which may be either temporary or permanent. The termination date for the authority to make such an emergency
withdrawal may not be later than the termination date of the
order issued under RCW 43.83B.405 under which the power
to authorize the withdrawal is established. The department
of ecology may issue such withdrawal authorization when,
after investigation and after providing appropriate federal,
state, and local governmental bodies an opportunity to
comment, the following are found:
(i) The waters proposed for withdrawal are to be used
for a beneficial use involving a previously established
activity or purpose;
(ii) The previously established activity or purpose was
furnished water through rights applicable to the use of a
public body of water that cannot be exercised due to the lack
of water arising from natural drought conditions; and
(iii) The proposed withdrawal will not reduce flows or
levels below essential minimums necessary (A) to assure the
maintenance of fisheries requirements, and (B) to protect
federal and state interests including, among others, power
generation, navigation, and existing water rights;
(b) All withdrawal authorizations issued under this
section shall contain provisions that allow for termination of
withdrawals, in whole or in part, whenever withdrawals will
conflict with flows and levels as provided in (a)(iii) of this
subsection. Domestic and irrigation uses of public surface
and ground waters shall be given priority in determining
"beneficial uses." As to water withdrawal and associated
works authorized under this subsection, the requirements of
chapter 43.21C RCW and public bidding requirements as
otherwise provided by law are waived and inapplicable. All
state and local agencies with authority to issue permits or
other authorizations for such works shall, to the extent
possible, expedite the processing of the permits or authorizations in keeping with the emergency nature of the requests
and shall provide a decision to the applicant within fifteen
calendar days of the date of application. All state departments or other agencies having jurisdiction over state or
other public lands, if such lands are necessary to effectuate
the withdrawal authorizations issued under this subsection,
shall provide short-term easements or other appropriate
property interest upon the payment of the fair market value.
This mandate shall not apply to any lands of the state that
are reserved for a special purpose or use that cannot properly
be carried out if the property interest were conveyed;
(2) Approve a temporary change in purpose, place of
use, or point of diversion, consistent with existing state
(2002 Ed.)
43.83B.405
policy allowing transfer or lease of waters between willing
parties, as provided for in RCW 90.03.380, 90.03.390, and
90.44.100. However, compliance with any requirements of
(a) notice of newspaper publication of these sections or (b)
the state environmental policy act, chapter 43.21C RCW, is
not required when such changes are necessary to respond to
drought conditions as determined by the department of
ecology. An approval of a temporary change of a water
right as authorized under this subsection is not admissible as
evidence in either supporting or contesting the validity of
water claims in State of Washington, Department of Ecology
v. Acquavella, Yakima county superior court number 77-201484-5 or any similar proceeding where the existence of a
water right is at issue.
(3) Employ additional persons for specified terms of
time, consistent with the term of a drought condition, as are
necessary to ensure the successful performance of the
activities associated with implementing the emergency
drought program of this chapter.
(4) Revise the drought contingency plan previously
developed by the department; and
(5) Acquire needed emergency drought-related equipment. [1989 c 171 § 3.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.415 Drought conditions—Loans and grants.
(1) The department of ecology is authorized to make loans,
grants, or combinations of loans and grants from emergency
agricultural water supply funds when necessary to provide
water to alleviate emergency drought conditions in order to
ensure the survival of irrigated crops and the state’s fisheries. For the purposes of this section, "emergency agricultural water supply funds" means funds appropriated from the
state emergency water projects revolving account created
under RCW 43.83B.360. The department of ecology may
make the loans, grants, or combinations of loans and grants
as matching funds in any case where federal, local, or other
funds have been made available on a matching basis. The
department may make a loan of up to ninety percent of the
total eligible project cost or combination loan and grant up
to one hundred percent of the total single project cost. The
grant portion for any single project shall not exceed twenty
percent of the total project cost except that, for activities
forecast to have fifty percent or less of normal seasonal
water supply, the grant portion for any single project or
entity shall not exceed forty percent of the total project cost.
No single entity shall receive more than ten percent of the
total emergency agricultural water supply funds available for
drought relief. These funds shall not be used for nonagricultural drought relief purposes unless there are no other capital
budget funds available for these purposes. In any biennium
the total expenditures of emergency agricultural water supply
funds for nonagricultural drought relief purposes may not
exceed ten percent of the total of such funds available during
that biennium.
(2)(a) Except as provided in (b) of this subsection, after
June 30, 1989, emergency agricultural water supply funds,
including the repayment of loans and any accrued interest,
shall not be used for any purpose except during drought conditions as determined under RCW 43.83B.400 and
43.83B.405.
[Title 43 RCW—page 371]
43.83B.415
Title 43 RCW: State Government—Executive
(b) Emergency agricultural water supply funds may be
used on a one-time basis for the development of procedures
to be used by state governmental entities to implement the
state’s drought contingency plan. [1989 c 171 § 4.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.420 Rules. The department shall adopt such
rules as are necessary to ensure the successful implementation of this chapter. [1989 c 171 § 5.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.425 Applicability—Construction. Nothing in
this chapter shall:
(1) Authorize any interference whatsoever with existing
water rights;
(2) Authorize the establishment of rights to withdrawal
of waters of a permanent nature or of rights with any
priority;
(3) Authorize the establishment of a water right under
RCW 90.03.250 or 90.44.060;
(4) Preclude any person from filing an application
pursuant to RCW 90.03.250 or 90.44.060. [1989 c 171 § 6.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.430 State drought preparedness account.
The state drought preparedness account is created in the state
treasury. All receipts from appropriated funds designated for
the account and funds transferred from the state emergency
water projects revolving account must be deposited into the
account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for drought preparedness. During the 2001-2003 fiscal
biennium, the legislature may transfer from the state drought
preparedness account to the state general fund such amounts
as reflect the excess fund balance of the account. [2002 c
371 § 910; 1999 c 379 § 921.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Effective date—1999 c 379: See note following RCW 43.98A.040.
43.83B.900 Severability—1975 1st ex.s. c 295. If
any provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 295 § 17.]
43.83B.901 Severability—1977 ex.s. c 1. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 1 § 19.]
Chapter 43.83C
RECREATION IMPROVEMENTS BOND ISSUE
Sections
43.83C.010 Declaration.
43.83C.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83C.040 Administration of proceeds—Division into shares—Use of
funds.
[Title 43 RCW—page 372]
43.83C.050
43.83C.060
43.83C.070
43.83C.080
43.83C.090
Definitions.
Referral to electorate.
Form, terms, conditions, etc., of bonds.
Anticipation notes—Pledge and promise—Seal.
Retirement of bonds from recreation improvements bond
redemption fund—Retail sales tax collections—
Remedies of bond holders.
43.83C.100 Legislature may provide additional means for payment of
bonds.
43.83C.110 Bonds legal investment for public funds.
43.83C.010 Declaration. The long-range development
goals for the state of Washington must include the acquisition, preservation, and improvement of recreation areas and
facilities for the use and enjoyment of present and future
residents of the state and the further development of the
state’s tourism and recreation economic base. [1972 ex.s.
c 129 § 1.]
43.83C.020
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
planning, acquisition, preservation, development, and
improvement of recreation areas and facilities in this state,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
forty million dollars or so much thereof as may be required
to finance the improvements defined in this chapter and all
costs incidental thereto. These bonds shall be paid and
discharged within twenty years of the date of issuance or
within thirty years should Article VIII of the Constitution of
the state of Washington be amended to permit such longer
term. No bonds authorized by this chapter shall be offered
for sale without prior legislative appropriation of the proceeds of such bonds to be sold. [1977 ex.s. c 242 § 3; 1972
ex.s. c 129 § 2.]
Severability—1977 ex.s. c 242: See note following RCW
43.83A.020.
43.83C.040 Administration of proceeds—Division
into shares—Use of funds. The proceeds from the sale of
the bonds deposited in the *state and local improvements revolving account of the general fund under the terms of this
chapter shall be divided into three shares as follows:
(1) Thirty-five percent of such proceeds shall be
administered, subject to legislative appropriation, by the
interagency committee for outdoor recreation through the
outdoor recreation account and allocated to the state of
Washington, or any agency or department thereof, for the
acquisition, preservation, and development of recreation
areas and facilities by the state. The committee may use or
permit the use of any portion of such share as matching
funds in any case where federal, local, or other funds are
made available on a matching basis for improvements within
the purposes of this chapter.
(2) Thirty-five percent of such proceeds shall be
administered, subject to legislative appropriation, by the
interagency committee for outdoor recreation through the
outdoor recreation account and allocated to public bodies for
the acquisition, preservation, development, and improvement
of recreational areas and facilities within the jurisdiction of
such bodies. The committee may use or permit the use of
any portion of such share for loans or grants to public bodies
(2002 Ed.)
Recreation Improvements Bond Issue
including use as matching funds in any case where federal,
local, or other funds are made available on a matching basis
for improvements within the purposes of this chapter.
(3) Thirty percent of such proceeds shall be allocated to
the state parks and recreation commission, subject to
legislative appropriation, for improvement of existing state
parks and the acquisition and preservation of historic sites
and buildings. The commission may use or permit the use
of any portion of such share as matching funds in any case
where federal, local, or other funds are made available on a
matching basis for improvements within the purposes of this
chapter.
In the event that the bonds authorized by this chapter
are sold in more than one series the above division into
shares shall apply to the total proceeds of the bonds authorized by this chapter and not to the proceeds of each separate
series. [1972 ex.s. c 129 § 4.]
*Reviser’s note: The "state and local improvements revolving
account" was created in RCW 43.83C.030 which was repealed by 2000 c
150 § 2, effective July 1, 2001.
43.83C.050 Definitions. As used in this chapter, the
phrase "acquisition, preservation, development, and improvement of recreation areas and facilities" shall include the
acquisition, development, and improvement of real property,
or any interest therein, for park and recreation purposes, including the acquisition and construction of all structures,
utilities, equipment, and improvements necessary or incidental to such purposes, the acquisition and preservation of
historic sites and buildings and of scenic and environmentally valuable areas of the state, and the improvement of existing park and recreation areas and facilities.
As used in this chapter, the term "public body" means
any political subdivision, taxing district, or municipal
corporation of the state of Washington, and those Indian
tribes now or hereafter recognized as such by the federal
government for participation in the federal land and water
conservation program and which may constitutionally receive
grants or loans from the state of Washington. [1972 ex.s. c
129 § 5.]
43.83C.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s.
c 129 § 6.]
Reviser’s note: Chapter 43.83C RCW was adopted and ratified by
the people at the November 7, 1972, general election (Referendum Bill No.
28). Governor’s proclamation declaring approval of measure is dated
December 7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day
after the election at which it is approved . . . ."
43.83C.040
or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance. None of
the bonds herein authorized shall be sold for less than their
par value. [1972 ex.s. c 129 § 7.]
43.83C.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of such bonds, which notes shall be designated
as "anticipation notes". Such portion of the proceeds of the
sale of such bonds as may be required for such purpose shall
be applied to the payment of the principal of and interest on
such anticipation notes which have been issued. The bonds
and notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of
the seal of the state of Washington in the issuance of the
bonds and notes. [1972 ex.s. c 129 § 8.]
43.83C.090 Retirement of bonds from recreation
improvements bond redemption fund—Retail sales tax
collections—Remedies of bond holders. The recreation
improvements bond redemption fund is hereby created in the
state treasury. This fund shall be exclusively devoted to the
payment of interest on and retirement of the bonds authorized by this chapter. The state finance committee shall, on
or before June 30th of each year, certify to the state treasurer
the amount needed in the ensuing twelve months to meet
such bond retirement and interest requirements, and on July
1st of each year the state treasurer shall deposit such amount
in the recreation improvements bond redemption fund from
moneys transmitted to the state treasurer by the state
department of revenue and certified by the department to be
sales tax collections. Such amount certified by the state
finance committee to the state treasurer shall be a prior
charge against all retail sales tax revenues of the state of
Washington, except that portion thereof heretofore pledged
for the payment of bond principal and interest. The owner
and holder of each of the bonds or the trustee for any of the
bonds may by mandamus or other appropriate proceeding
require the transfer and payment of funds as directed herein.
[1972 ex.s. c 129 § 9.]
43.83C.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 129 § 10.]
43.83C.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds or for funds under state control and for all
funds of any public body. [1972 ex.s. c 129 § 11.]
43.83C.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
(2002 Ed.)
[Title 43 RCW—page 373]
Chapter 43.83D
Title 43 RCW: State Government—Executive
Chapter 43.83D
SOCIAL AND HEALTH SERVICES FACILITIES
1972 BOND ISSUE
Sections
43.83D.010 Declaration.
43.83D.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83D.030 Proceeds to be deposited in state and local improvements
revolving account.
43.83D.040 Administration of proceeds—Comprehensive plan—Use of
funds.
43.83D.050 Definitions.
43.83D.060 Referral to electorate.
43.83D.070 Form, terms, conditions, etc., of bonds.
43.83D.080 Anticipation notes—Pledge and promise—Seal.
43.83D.090 Retirement of bonds from social and health service facilities
bond redemption fund—Retail sales tax collections—
Remedies of bond holders.
43.83D.100 Legislature may provide additional means for payment of
bonds.
43.83D.110 Bonds legal investment for public funds.
43.83D.010 Declaration. The physical and mental
health of the people of the state directly affects the achievement of economic progress and full employment. The
establishment of a system of regional and community health
and social service facilities will provide the improved and
convenient health and social services needed for an efficient
work force and a healthy and secure people. [1972 ex.s. c
130 § 1.]
43.83D.020
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
planning, acquisition, construction, and improvement of
health and social service facilities in this state, the state finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of twenty-five
million dollars or so much thereof as may be required to
finance the improvements defined in this chapter and all
costs incidental thereto. These bonds shall be paid and
discharged within twenty years of the date of issuance or
within thirty years should Article VIII of the Constitution of
the state of Washington be amended to permit such longer
term. No bonds authorized by this chapter shall be offered
for sale without prior legislative appropriation of the proceeds of such bonds to be sold. [1977 ex.s. c 242 § 4; 1972
ex.s. c 130 § 2.]
Severability—1977 ex.s. c 242: See note following RCW
43.83A.020.
43.83D.030 Proceeds to be deposited in state and
local improvements revolving account. The proceeds from
the sale of bonds authorized by this chapter shall be deposited in the state and local improvements revolving account in
the state treasury and shall be used exclusively for the
purpose specified in this chapter and for payment of the
expenses incurred in the issuance and sale of the bonds.
[1991 sp.s. c 13 § 55; 1985 c 57 § 48; 1972 ex.s. c 130 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
[Title 43 RCW—page 374]
43.83D.040 Administration of proceeds—
Comprehensive plan—Use of funds. The proceeds from
the sale of the bonds deposited in the state and local improvements revolving account of the general fund under the
terms of this chapter shall be administered by the state
department of social and health services, subject to legislative appropriation. The department shall prepare a comprehensive plan for a system of social and health service facilities for the state and may use or permit the use of any funds
derived from the sale of bonds authorized under this chapter
to accomplish such plan by direct expenditures and by grants
or loans to public bodies, including grants to public bodies
as matching funds in any case where federal, local, or other
funds are made available on a matching basis for improvements within the purposes of this chapter. [1972 ex.s. c 130
§ 4.]
43.83D.050 Definitions. As used in this chapter, the
term "social and health service facilities" shall mean real
property, and interests therein, equipment, buildings, structures, mobile units, parking facilities, utilities, landscaping,
and all incidental improvements and appurtenances, developed as a part of a comprehensive plan for a system of
social and health service facilities for the state including,
without limitation, facilities for social services, adult and
juvenile correction or detention, child welfare, day care, drug
abuse and alcoholism treatment, mental health, public health,
developmental disabilities, and vocational rehabilitation.
As used in this chapter, the term "public body" means
the state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof, and those
Indian tribes now or hereafter recognized as such by the
federal government for participation in the federal land and
water conservation program and which may constitutionally
receive grants or loans from the state of Washington. [1972
ex.s. c 130 § 5.]
43.83D.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s.
c 130 § 6.]
Reviser’s note: Chapter 43.83D RCW was adopted and ratified by
the people at the November 7, 1972, general election (Referendum Bill No.
29). Governor’s proclamation declaring approval of measure is dated
December 7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day
after the election at which it is approved. . . ."
43.83D.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance. None of
the bonds herein authorized shall be sold for less than their
par value. [1972 ex.s. c 130 § 7.]
(2002 Ed.)
Social and Health Services Facilities 1972 Bond Issue
43.83D.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of such bonds, which notes shall be designated
as "anticipation notes". Such portion of the proceeds of the
sale of such bonds as may be required for such purpose shall
be applied to the payment of the principal of and interest on
such anticipation notes which have been issued. The bonds
and notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of
the seal of the state of Washington in the issuance of the
bonds and notes. [1972 ex.s. c 130 § 8.]
43.83D.090 Retirement of bonds from social and
health service facilities bond redemption fund—Retail
sales tax collections—Remedies of bond holders. The
social and health service facilities bond redemption fund is
created in the state treasury. This fund shall be exclusively
devoted to the payment of interest on and retirement of the
bonds authorized by this chapter. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet such bond retirement and interest requirements, and on July 1 of each year the state treasurer shall
deposit such amount in the social and health service facilities
bond redemption fund from moneys transmitted to the state
treasurer by the state department of revenue and certified by
the department to be sales tax collections. Such amount
certified by the state finance committee to the state treasurer
shall be a prior charge against all retail sales tax revenues of
the state of Washington, except that portion thereof heretofore pledged for the payment of bond principal and interest.
The owner and holder of each of the bonds or the trustee for
any of the bonds may, by mandamus or other appropriate
proceeding, require the transfer and payment of funds as
directed herein. [1972 ex.s. c 130 § 9.]
43.83D.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 130 § 10.]
43.83D.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds or for funds under state control and for all
funds of any other public body. [1972 ex.s. c 130 § 11.]
Chapter 43.83F
CAPITOL FACILITIES REVENUE BONDS, 1969—
EAST CAPITOL SITE BONDS, 1969
Sections
43.83F.010 Refunding bonds—Issuance—Authorization.
43.83F.020 Refunding bonds—Powers and duties of state finance committee.
(2002 Ed.)
43.83D.080
43.83F.030 Refunding bonds—Administration of proceeds from sale—
Exception.
43.83F.040 Refunding bonds—Payment from bond redemption fund—
Procedure—General obligation of state.
43.83F.050 Refunding bonds—Legislature may provide additional
means for payment.
43.83F.060 Refunding bonds—Legal investment for state and other
public bodies.
43.83F.900 Severability—1974 ex.s. c 113.
43.83F.010 Refunding bonds—Issuance—
Authorization. The state finance committee is authorized
to issue general obligation bonds of the state in the amount
of twenty-one million dollars, or so much thereof as may be
required to refund, at or prior to maturity, the outstanding
"State of Washington Capitol Facilities Revenue Bonds,
1969", dated October 1, 1969, and the outstanding "State of
Washington East Capitol Site Bonds, 1969", dated October
1, 1969, and to pay any premium payable with respect
thereto and all interest thereon, and to pay all costs incidental thereto and to the issuance of the bonds authorized by
this chapter. The bonds authorized by this chapter shall be
paid and discharged within thirty years of the date of
issuance in accordance with Article VIII, section 1, of the
state Constitution. [1974 ex.s. c 113 § 1.]
43.83F.020 Refunding bonds—Powers and duties of
state finance committee. The issuance, sale and retirement
of said bonds shall be under the supervision and control of
the state finance committee. The committee is authorized to
prescribe the form, terms, conditions, and covenants of the
bonds, the time or times of sale of all or any portion of
them, and the conditions and manner of their sale, issuance
and redemption. None of the bonds herein authorized shall
be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds. Such bonds shall be payable at such
places as the committee may provide. [1974 ex.s. c 113 §
2.]
43.83F.030 Refunding bonds—Administration of
proceeds from sale—Exception. The proceeds from the
sale of bonds authorized by this chapter shall be set aside for
the payment of the bonds to be refunded in accordance with
chapter 39.53 RCW, except that investment and reinvestment
thereof shall be limited to direct obligations of the United
States of America. [1974 ex.s. c 113 § 3.]
43.83F.040 Refunding bonds—Payment from bond
redemption fund—Procedure—General obligation of
state. The state building refunding bond redemption fund is
hereby created in the state treasury, which fund shall be
exclusively devoted to the payment of the principal of and
interest on the bonds authorized by this chapter. The state
finance committee, shall, on or before June 30th of each
year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet such bond retirement and
interest requirements and on July 1st of each year the state
treasurer shall deposit such amount in the state building bond
[Title 43 RCW—page 375]
43.83F.040
Title 43 RCW: State Government—Executive
redemption fund from any general state revenues received in
the state treasury and certified by the state treasurer to be
general state revenues. Bonds issued under the provisions of
this chapter shall state that they are a general obligation of
the state of Washington, shall pledge the full faith and credit
of the state to the payment of the principal thereof and the
interest thereon and shall contain an unconditional promise
to pay such principal and interest as the same shall become
due. The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
a mandamus or other appropriate proceeding require the
transfer and payment of funds as directed herein. [1974
ex.s. c 113 § 4.]
43.83F.050 Refunding bonds—Legislature may
provide additional means for payment. The legislature
may provide additional means for raising moneys for the
payment of the principal of and interest on the bonds
authorized in this chapter, and this chapter shall not be
deemed to provide an exclusive method for such payment.
[1974 ex.s. c 113 § 5.]
1979 BOND ISSUE
43.83H.160 General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Pledge and promise.
43.83H.162 "Social and health services facilities" defined.
43.83H.164 Bond anticipation notes—Deposit of proceeds of bonds and
notes in social and health services construction account
and social and health services bond redemption fund of
1979.
43.83H.166 Administration of proceeds.
43.83H.168 Retirement of bonds and notes from social and health services bond redemption fund of 1979—Retirement of
bonds and notes from state general obligation bond
retirement fund—Remedies of bondholders.
43.83H.170 Bonds legal investment for public funds.
1981 BOND ISSUE
43.83H.172 General obligation bonds—Authorized—Issuance—Pledge
and promise.
43.83H.174 "Social and health services facilities" defined.
43.83H.176 Deposit of proceeds in state social and health services construction account—Use.
43.83H.178 Administration of proceeds.
43.83H.180 Retirement of bonds from state general obligation bond
retirement fund—Remedies of bondholders.
43.83H.182 Bonds legal investment for public funds.
1984 BOND ISSUE
43.83F.060 Refunding bonds—Legal investment for
state and other public bodies. The bonds authorized in this
chapter shall be a legal investment for all state funds or
funds under state control and for all funds of any other
public body. [1974 ex.s. c 113 § 6.]
43.83F.900 Severability—1974 ex.s. c 113. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 113 § 8.]
Chapter 43.83H
SOCIAL AND HEALTH SERVICES FACILITIES—
BOND ISSUES
43.83H.184 General obligation bonds—Authorized—Issuance—Price—
Appropriation required.
43.83H.186 Deposit of proceeds in state social and health services construction account—Use.
43.83H.188 Administration of proceeds.
43.83H.190 Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
43.83H.192 Legislature may provide additional means for payment of
bonds.
43.83H.194 Bonds legal investment for public funds.
CONSTRUCTION
43.83H.900
43.83H.910
43.83H.912
43.83H.914
43.83H.915
Severability—1975-’76 2nd ex.s. c 125.
Severability—1977 ex.s. c 342.
Severability—1979 ex.s. c 252.
Severability—1981 c 234.
Severability—1984 c 269.
1975-’76 BOND ISSUE
Sections
1975-’76 BOND ISSUE
43.83H.010 General obligation bonds—Authorized—Issuance, sale,
terms, etc.
43.83H.020 "Social and health services facilities" defined.
43.83H.030 Proceeds of bonds.
43.83H.040 Administration of proceeds.
43.83H.050 Retirement of bonds from social and health services construction bond redemption fund—Source—Remedies of
bond holders.
43.83H.060 Legal investment for public funds.
1977 BOND ISSUE
43.83H.100 General obligation bonds—Authorized—Issuance, sale,
terms, etc.
43.83H.110 "Social and health services facilities" defined.
43.83H.120 Anticipation notes—Proceeds of bonds and notes.
43.83H.130 Administration of proceeds.
43.83H.140 Retirement of bonds from social and health services construction bond redemption fund of 1976—Source—
Remedies of bond holders.
43.83H.150 Legal investment for public funds.
[Title 43 RCW—page 376]
43.83H.010
General obligation bonds—
Authorized—Issuance, sale, terms, etc. For the purpose of
providing needed capital improvements consisting of the
planning, acquisition, construction, remodeling, improving,
and equipping of social and health services facilities, the
state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
forty-one million four hundred thousand dollars or so much
thereof as shall be required to finance social and health
services facilities. No bonds authorized by this chapter shall
be offered for sale without prior legislative appropriation,
and these bonds shall be paid and discharged within thirty
years of the date of issuance in accordance with Article VIII,
section 1 of the Constitution of the state of Washington.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
(2002 Ed.)
Social and Health Services Facilities—Bond Issues
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1975-’76 2nd ex.s. c 125 § 1.]
43.83H.020 "Social and health services facilities"
defined. As used in this chapter, the term "social and health
services facilities" shall include, without limitation, facilities
for use in veterans’ service programs, adult correction
programs, juvenile rehabilitation programs, mental health
programs, and developmental disabilities programs for which
an appropriation is made from the social and health services
construction account in the general fund by chapter 276,
Laws of 1975 1st ex. sess., the capital appropriations act, or
subsequent capital appropriations acts. [1975-’76 2nd ex.s.
c 125 § 2.]
43.83H.030 Proceeds of bonds. The proceeds from
the sale of bonds authorized by *this chapter shall be
deposited in the state social and health services construction
account hereby created in the state treasury and shall be used
exclusively for the purposes specified in this chapter and for
the payment of expenses incurred in the issuance and sale of
such bonds. [1991 sp.s. c 13 § 56; 1985 c 57 § 49;
1975-’76 2nd ex.s. c 125 § 3.]
*Reviser’s note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83H.040 Administration of proceeds. The
principal proceeds from the sale of the bonds authorized in
this chapter and deposited in the social and health services
construction account in the general fund shall be administered by the secretary of the department of social and health
services. [1975-’76 2nd ex.s. c 125 § 4.]
Reviser’s note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
43.83H.050 Retirement of bonds from social and
health services construction bond redemption fund—
Source—Remedies of bond holders. The state social and
health services bond redemption fund of 1976 is hereby
created in the state treasury, which fund shall be exclusively
devoted to the payment of interest on and retirement of the
bonds and notes authorized by this chapter or any social and
health services facilities bonds and notes hereafter authorized
by the legislature. The state finance committee, on or before
June 30th of each year, shall certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the state
social and health services bond redemption fund of 1976
from any general state revenues received in the state treasury
and certified by the state treasurer to be general state
revenues.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
(2002 Ed.)
43.83H.010
payment of funds as directed herein. [1975-’76 2nd ex.s. c
125 § 5.]
Reviser’s note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
43.83H.060 Legal investment for public funds. The
bonds authorized by this chapter shall be a legal investment
for all state funds or for funds under state control and all
funds of municipal corporations. [1975-’76 2nd ex.s. c 125
§ 6.]
Reviser’s note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
1977 BOND ISSUE
43.83H.100
General obligation bonds—
Authorized—Issuance, sale, terms, etc. For the purpose of
providing needed capital improvements consisting of the
planning, acquisition, construction, remodeling, improving,
and equipping of social and health services facilities, the
state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
twenty million dollars, or so much thereof as may be
required to finance such projects, and all costs incidental
thereto. No bonds authorized by RCW 43.83H.100 through
43.83H.150 and 43.83H.910 shall be offered for sale without
prior legislative appropriation, and these bonds shall be paid
and discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1977 ex.s. c 342 § 1.]
43.83H.110 "Social and health services facilities"
defined. As used in RCW 43.83H.100 through 43.83H.150
and 43.83H.910, the term "social and health services
facilities", shall include, without limitation, facilities for use
in adult correction programs, juvenile rehabilitation programs, mental health programs, and developmental disabilities programs for which an appropriation is made from the
state social and health services construction account in the
general fund by chapter 338, Laws of 1977 ex. sess., the
capital appropriations act, or subsequent capital appropriations acts. [1977 ex.s. c 342 § 2.]
43.83H.120 Anticipation notes—Proceeds of bonds
and notes. At the time the state finance committee determines to issue such bonds authorized in RCW 43.83H.100
or a portion thereof, it may, pending the issuance thereof,
issue in the name of the state, temporary notes in anticipation of the money to be derived from the sale of the bonds,
[Title 43 RCW—page 377]
43.83H.120
Title 43 RCW: State Government—Executive
which notes shall be designated as "bond anticipation notes".
The proceeds from the sale of bonds and notes authorized by
RCW 43.83H.100 through 43.83H.150 and 43.83H.910 shall
be deposited in the state social and health services construction account of the general fund in the state treasury and
shall be used exclusively for the purposes specified in RCW
43.83H.100 through 43.83H.150 and 43.83H.910 and for the
payment of expenses incurred in the issuance and sale of
such bonds and notes: PROVIDED, That such portion of
the proceeds of the sale of such bonds as may be required
for the payment of the principal and interest on such
anticipation notes as have been issued, shall be deposited in
the state social and health services bond redemption fund of
1976 in the state treasury. [1977 ex.s. c 342 § 3.]
43.83H.130 Administration of proceeds. The
proceeds from the sale of the bonds authorized in RCW
43.83H.100 through 43.83H.150 and 43.83H.910 and
deposited in the state social and health services construction
account in the general fund shall be administered by the
secretary of the department of social and health services.
[1977 ex.s. c 342 § 4.]
43.83H.140 Retirement of bonds from social and
health services construction bond redemption fund of
1976—Source—Remedies of bond holders. The state
social and health services bond redemption fund of 1976 in
the state treasury shall be used for the purpose of the
payment of interest on and retirement of the bonds and notes
authorized to be issued by RCW 43.83H.100 through
43.83H.150 and 43.83H.910. The state finance committee,
on or before June 30th of each year, shall certify to the state
treasurer the amount needed in the ensuing twelve months,
to meet bond retirement and interest requirements. Not less
than thirty days prior to the date on which any such interest
or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1976 state social and
health services bond redemption fund an amount equal to the
amount certified by the state finance committee to be due on
such payment date.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
payment of funds as directed herein. [1977 ex.s. c 342 § 5.]
43.83H.150 Legal investment for public funds. The
bonds authorized by RCW 43.83H.100 through 43.83H.150
and 43.83H.910 shall be a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1977 ex.s. c 342 § 6.]
1979 BOND ISSUE
43.83H.160
General obligation bonds—
Authorized—Issuance, sale, terms, etc.—Pledge and
promise. For the purpose of providing needed capital
improvements consisting of the planning, acquisition,
construction, remodeling, improving, and equipping of
social and health services facilities, the state finance committee is authorized to issue general obligation bonds of the
[Title 43 RCW—page 378]
state of Washington in the sum of one hundred and two
million dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by RCW 43.83H.160 through 43.83H.170
and 43.83H.912 shall be offered for sale without prior
legislative appropriation, and these bonds shall be paid and
discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution.
The state finance committee is authorized to prescribe
the form of the bonds, the time of sale of all or any portion
or portions of the bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1979 ex.s. c 252 § 1.]
43.83H.162 "Social and health services facilities"
defined. As used in RCW 43.83H.160 through 43.83H.170
and 43.83H.912, the term "social and health services
facilities", shall include, without limitation, facilities for use
in adult correction programs, juvenile rehabilitation programs, mental health programs, and developmental disabilities programs for which an appropriation is made from the
state social and health services construction account in the
general fund by the capital appropriations act, or subsequent
capital appropriations acts. [1979 ex.s. c 252 § 2.]
43.83H.164 Bond anticipation notes—Deposit of
proceeds of bonds and notes in social and health services
construction account and social and health services bond
redemption fund of 1979. At the time the state finance
committee determines to issue the bonds authorized in RCW
43.83H.160, or a portion thereof, it may, pending the
issuance thereof, issue in the name of the state, temporary
notes in anticipation of the money to be derived from the
sale of the bonds, which notes shall be designated as "bond
anticipation notes". The proceeds from the sale of bonds
and notes authorized by RCW 43.83H.160 through
43.83H.170 and 43.83H.912 shall be deposited in the state
social and health services construction account of the general
fund in the state treasury and shall be used exclusively for
the purposes specified in RCW 43.83H.160 through
43.83H.170 and 43.83H.912 and for the payment of expenses
incurred in the issuance and sale of the bonds and notes:
PROVIDED, That such portion of the proceeds of the sale
of the bonds as may be required for the payment of the
principal and interest on the anticipation notes as have been
issued shall be deposited in the state social and health
services bond redemption fund of 1979, hereby created, in
the state treasury. [1979 ex.s. c 252 § 3.]
43.83H.166 Administration of proceeds. The
proceeds from the sale of the bonds authorized in RCW
43.83H.160 through 43.83H.170 and 43.83H.912 and
deposited in the state social and health services construction
(2002 Ed.)
Social and Health Services Facilities—Bond Issues
account in the general fund shall be administered by the
secretary of the department of social and health services.
[1979 ex.s. c 252 § 4.]
43.83H.168 Retirement of bonds and notes from
social and health services bond redemption fund of
1979—Retirement of bonds and notes from state general
obligation bond retirement fund—Remedies of bondholders. The state social and health services bond redemption
fund of 1979 hereby created in the state treasury shall be
used for the purpose of the payment of interest on and retirement of the bonds and notes authorized to be issued by
RCW 43.83H.160 through 43.83H.170 and 43.83H.912. The
state finance committee, on or before June 30th of each year,
shall certify to the state treasurer the amount needed in the
ensuing twelve months, to meet bond retirement and interest
requirements. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
1979 state social and health services bond redemption fund
an amount equal to the amount certified by the state finance
committee to be due on the payment date.
If a state general obligation bond retirement fund is
created in the state treasury by chapter 230, Laws of 1979
1st ex. sess. and becomes effective by statute prior to the
issuance of any of the bonds authorized by RCW
43.83H.160 through 43.83H.170 and 43.83H.912, the state
general obligation bond retirement fund shall be used for
purposes of RCW 43.83H.160 through 43.83H.170 and
43.83H.912 in lieu of the state social and health services
bond redemption fund of 1979, and the state social and
health services bond redemption fund of 1979 shall cease to
exist.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
payment of funds as directed in this section. [1979 ex.s. c
252 § 5.]
State general obligation bond retirement fund: RCW 43.83.160.
43.83H.170 Bonds legal investment for public funds.
The bonds authorized by RCW 43.83H.160 through
43.83H.170 and 43.83H.912 shall be a legal investment for
all state funds or for funds under state control and all funds
of municipal corporations. [1979 ex.s. c 252 § 6.]
1981 BOND ISSUE
43.83H.172
General obligation bonds—
Authorized—Issuance—Pledge and promise. For the purpose of providing needed capital improvements consisting of
the planning, acquisition, construction, remodeling, improving, and equipping of social and health services and department of corrections facilities, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of one hundred eight-seven [eightyseven] million four hundred twenty-five thousand dollars, or
so much thereof as may be required, to finance these
projects, and all costs incidental thereto. No bonds autho(2002 Ed.)
43.83H.166
rized by RCW 43.83H.172 through 43.83H.182 may be
offered for sale without prior legislative appropriation.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. [1983 1st ex.s. c 54
§ 8; 1982 1st ex.s. c 23 § 3; 1981 c 234 § 1.]
Severability—1983 1st ex.s. c 54: See RCW 43.83.196.
43.83H.174 "Social and health services facilities"
defined. As used in RCW 43.83H.172 through 43.83H.182,
the term "social and health services facilities" shall include,
without limitation, facilities for use in adult correction
programs, juvenile rehabilitation programs, mental health
programs, and developmental disabilities programs for which
an appropriation is made from the state social and health
services construction account in the general fund by the
capital appropriations act, or subsequent capital appropriations acts. [1981 c 234 § 2.]
43.83H.176 Deposit of proceeds in state social and
health services construction account—Use. The proceeds
from the sale of bonds authorized by RCW 43.83H.172
through 43.83H.182 shall be deposited in the state social and
health services construction account of the general fund in
the state treasury and shall be used exclusively for the
purposes specified in RCW 43.83H.172 through 43.83H.182
and for the payment of expenses incurred in the issuance and
sale of the bonds. [1981 c 234 § 3.]
43.83H.178 Administration of proceeds. The
proceeds from the sale of the bonds authorized in RCW
43.83H.172 through 43.83H.182 and deposited in the state
social and health services construction account in the general
fund shall be administered by the secretary of social and
health services. [1981 c 234 § 4.]
43.83H.180 Retirement of bonds from state general
obligation bond retirement fund—Remedies of bondholders. The state general obligation bond retirement fund shall
be used for the purpose of the payment of interest on and
retirement of the bonds authorized to be issued by RCW
43.83H.172 through 43.83H.182.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
needed in the ensuing twelve months, to meet bond retirement and interest requirements. Not less than thirty days
prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and
payment of funds as directed in this section. [1981 c 234 §
5.]
State general obligation bond retirement fund: RCW 43.83.160.
[Title 43 RCW—page 379]
43.83H.182
Title 43 RCW: State Government—Executive
43.83H.182 Bonds legal investment for public funds.
The bonds authorized by RCW 43.83H.172 through
43.83H.180 shall be a legal investment for all state funds or
for funds under state control and all funds of municipal
corporations. [1981 c 234 § 6.]
1984 BOND ISSUE
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1984 c 269 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
43.83H.184
General obligation bonds—
Authorized—Issuance—Price—Appropriation required.
For the purpose of providing needed capital improvements
consisting of fire safety projects and the design, construction,
repair, renovating, and equipping of buildings and facilities
of the department of social and health services, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of fourteen
million six hundred sixty thousand dollars, or so much
thereof as may be required, to finance these projects and all
costs incidental thereto. Bonds authorized in this section
may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [1984 c 269 § 1.]
43.83H.192 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83H.184, and RCW 43.83H.190 shall not be deemed to
provide an exclusive method for the payment. [1984 c 269
§ 5.]
43.83H.194 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83H.184 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [1984 c 269 §
6.]
CONSTRUCTION
43.83H.186 Deposit of proceeds in state social and
health services construction account—Use. The proceeds
from the sale of the bonds authorized in RCW 43.83H.184
shall be deposited in the state social and health services construction account in the general fund and shall be used
exclusively for the purposes specified in RCW 43.83H.184
and for the payment of expenses incurred in the issuance and
sale of the bonds. [1984 c 269 § 2.]
43.83H.188 Administration of proceeds. The
proceeds from the sale of the bonds deposited under RCW
43.83H.186 in the state social and health services construction account of the general fund shall be administered by the
department of social and health services, subject to legislative appropriation. [1984 c 269 § 3.]
43.83H.190 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83H.184.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 43.83H.184 shall state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
[Title 43 RCW—page 380]
43.83H.900 Severability—1975-’76 2nd ex.s. c 125.
If any provision of this 1976 act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or
circumstances is not affected. [1975-’76 2nd ex.s. c 125 §
8.]
43.83H.910 Severability—1977 ex.s. c 342. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 342 § 7.]
43.83H.912 Severability—1979 ex.s. c 252. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 252 § 7.]
43.83H.914 Severability—1981 c 234. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 234 § 7.]
43.83H.915 Severability—1984 c 269. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 269 § 7.]
(2002 Ed.)
Department of Fisheries—Bond Issues
Chapter 43.83I
DEPARTMENT OF FISHERIES—BOND ISSUES
Sections
1975-’76 BOND ISSUE
43.83I.010
43.83I.020
43.83I.030
43.83I.040
43.83I.050
43.83I.060
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Bond anticipation notes—Proceeds of bonds and interest on
notes.
Bonds and notes—Powers and duties of state finance committee.
Fisheries capital projects account created—Proceeds deposited in—Exception.
1976 fisheries bond retirement fund created.
Legal investment for public funds.
1977 BOND ISSUE
43.83I.100
43.83I.110
43.83I.120
43.83I.130
43.83I.140
43.83I.150
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Bond anticipation notes—Proceeds of bonds and interest on
notes.
Bonds and notes—Powers and duties of state finance committee.
Proceeds deposited in fisheries capital projects account—
Exception.
1977 fisheries bond retirement fund created.
Legal investment for public funds.
1979 BOND ISSUE
43.83I.160
43.83I.162
43.83I.164
43.83I.168
43.83I.170
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Appropriation required.
Bond anticipation notes—Payment.
Form, terms, conditions, etc., of bonds and notes—Pledge
and promise.
Retirement of bonds from 1977 fisheries bond retirement
fund.
Bonds legal investment for public funds.
1981 BOND ISSUE
43.83I.172
43.83I.174
43.83I.176
43.83I.178
43.83I.180
43.83I.182
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Appropriation required.
Bond anticipation notes.
Form, terms, conditions, etc., of bonds and notes—Pledge
and promise.
Proceeds deposited in fisheries capital projects account—
Use.
Retirement of bonds from 1977 fisheries bond retirement
fund.
Bonds legal investment for public funds.
1983 BOND ISSUE
43.83I.184
43.83I.194
General obligation bonds—Authorized—Issuance—
Appropriation required.
Deposit of proceeds in fisheries capital projects account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
43.83I.900
43.83I.910
43.83I.912
43.83I.914
43.83I.915
Severability—1975-’76 2nd ex.s. c 132.
Severability—1977 ex.s. c 343.
Severability—1979 ex.s. c 224.
Severability—1981 c 231.
Severability—1983 1st ex.s. c 59.
43.83I.186
43.83I.188
43.83I.190
43.83I.192
CONSTRUCTION
(2002 Ed.)
Chapter 43.83I
1975-’76 BOND ISSUE
43.83I.010 General obligation bonds—Authorized—
Issuance, sale, terms, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the *department of fisheries, the
state finance committee is hereby authorized to issue from
time to time general obligation bonds of the state of Washington in the aggregate principal amount of five million one
hundred thirty-two thousand nine hundred dollars, or so
much thereof as shall be required to finance the capital
projects relating to the *department of fisheries as determined by the legislature in its capital appropriations act,
chapter 133, Laws of 1975-’76 2nd ex. sess. for such
purposes, to be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1,
of the Constitution of the state of Washington. [1975-’76
2nd ex.s. c 132 § 1.]
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.020 Bond anticipation notes—Proceeds of
bonds and interest on notes. When the state finance
committee has determined to issue such general obligation
bonds or a portion thereof as authorized in RCW 43.83I.010,
it may, pending the issuance thereof, issue in the name of
the state temporary notes in anticipation of the issuance of
such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of the
principal and redemption premium, if any, and interest on
such notes shall be applied thereto when such bonds are
issued. [1975-’76 2nd ex.s. c 132 § 2.]
43.83I.030 Bonds and notes—Powers and duties of
state finance committee. The state finance committee is
authorized to prescribe the form, terms, conditions and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 43.83I.010 and 43.83I.020, the time or
times of sale of all or any portion of them, and the conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1975-’76 2nd ex.s. c 132 §
3.]
43.83I.040 Fisheries capital projects account
created—Proceeds deposited in—Exception. Except for
that portion of the proceeds required to pay bond anticipation
notes pursuant to RCW 43.83I.020, the proceeds from the
sale of the bonds and/or bond anticipation notes authorized
in RCW 43.83I.010 through 43.83I.060, together with all
grants, donations, transferred funds, and all other moneys
which the state finance committee may direct the state
treasurer to deposit therein, shall be deposited in the fisheries
capital projects account of the general fund hereby created
in the state treasury. All such proceeds shall be used exclusively for the purposes specified in RCW 43.83I.010 through
[Title 43 RCW—page 381]
43.83I.040
Title 43 RCW: State Government—Executive
43.83I.060 and for the payment of the expenses incurred in
connection with the sale and issuance of such bonds and
bond anticipation notes. [1975-’76 2nd ex.s. c 132 § 4.]
43.83I.050 1976 fisheries bond retirement fund
created. The 1976 fisheries bond retirement fund is hereby
created in the state treasury for the purpose of the payment
of the principal of and interest on the bonds authorized to be
issued pursuant to RCW 43.83I.010 through 43.83I.060.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
such bonds. On July 1st of each such year the state treasurer shall withdraw from any general state revenues received
in the state treasury and deposit in the 1976 fisheries bond
retirement fund an amount equal to the amount certified by
the state finance committee. [1975-’76 2nd ex.s. c 132 § 5.]
43.83I.060 Legal investment for public funds. The
bonds authorized in RCW 43.83I.010 through 43.83I.060
shall constitute a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1975-’76 2nd ex.s. c 132 § 6.]
1977 BOND ISSUE
43.83I.100 General obligation bonds—Authorized—
Issuance, sale, terms, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the *department of fisheries, the
state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
five million dollars, or so much thereof as may be required
to finance such projects, and all costs incidental thereto. No
bonds authorized by RCW 43.83I.100 through 43.83I.150
and 43.83I.910 shall be offered for sale without prior
legislative appropriation, and these bonds shall be paid and
discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1977 ex.s. c 343 § 1.]
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.110 Bond anticipation notes—Proceeds of
bonds and interest on notes. When the state finance
committee has determined to issue such general obligation
bonds or a portion thereof as authorized in RCW 43.83I.100,
it may, pending the issuance thereof, issue in the name of
the state temporary notes in anticipation of the issuance of
such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of the
principal and redemption premium, if any, and interest on
such notes shall be applied thereto when such bonds are
issued. [1977 ex.s. c 343 § 2.]
43.83I.120 Bonds and notes—Powers and duties of
state finance committee. The state finance committee is
[Title 43 RCW—page 382]
authorized to prescribe the form, terms, conditions and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 43.83I.100 and 43.83I.110, the time or
times of sale of all or any portion of them, and the conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 343 § 3.]
43.83I.130 Proceeds deposited in fisheries capital
projects account—Exception. Except for that portion of
the proceeds required to pay bond anticipation notes pursuant
to RCW 43.83I.110, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in RCW
43.83I.100 through 43.83I.150, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to deposit therein, shall be deposited in the fisheries capital
projects account of the general fund in the state treasury.
All such proceeds shall be used exclusively for the purposes
specified in RCW 43.83I.100 through 43.83I.150 and for the
payment of the expenses incurred in connection with the sale
and issuance of such bonds and bond anticipation notes.
[1977 ex.s. c 343 § 4.]
43.83I.140 1977 fisheries bond retirement fund
created. The 1977 fisheries bond retirement fund is hereby
created in the state treasury for the purpose of the payment
of the principal of and interest on the bonds authorized to be
issued pursuant to RCW 43.83I.100 through 43.83I.150.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
such bonds. Not less than thirty days prior to the date on
which any such interest or principal and interest payment is
due, the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
1977 fisheries bond retirement fund an amount equal to the
amount certified by the state finance committee to be due on
such payment date. [1977 ex.s. c 343 § 5.]
43.83I.150 Legal investment for public funds. The
bonds authorized in RCW 43.83I.100 through 43.83I.150
shall constitute a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1977 ex.s. c 343 § 6.]
1979 BOND ISSUE
43.83I.160 General obligation bonds—Authorized—
Issuance, sale, terms, etc.—Appropriation required. For
the purpose of providing needed capital improvements
consisting of the acquisition, construction, remodeling,
furnishing, and equipping of state buildings and facilities for
the *department of fisheries, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of five million forty-five thousand
dollars, or so much thereof as may be required, to finance
these projects, and all costs incidental thereto. No bonds
(2002 Ed.)
Department of Fisheries—Bond Issues
authorized by RCW 43.83I.160 through 43.83I.170 and
43.83I.912 shall be offered for sale without prior legislative
appropriation, and these bonds shall be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. [1987 1st
ex.s. c 3 § 10; 1979 ex.s. c 224 § 1.]
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
43.83I.162 Bond anticipation notes—Payment.
When the state finance committee has determined to issue
the general obligation bonds or a portion thereof as authorized in RCW 43.83I.160, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of the bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of the bonds as may be required for
the payment of the principal and redemption premium, if
any, and interest on the notes shall be applied thereto when
the bonds are issued. [1979 ex.s. c 224 § 2.]
43.83I.164 Form, terms, conditions, etc., of bonds
and notes—Pledge and promise. The state finance
committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds and/or the bond
anticipation notes provided for in RCW 43.83I.160 and
43.83I.162, the time or times of sale of all or any portion of
them, and the conditions and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1979 ex.s. c 224 § 3.]
43.83I.168 Retirement of bonds from 1977 fisheries
bond retirement fund. The 1977 fisheries bond retirement
fund in the state treasury shall be used for the purpose of the
payment of the principal of and interest on the bonds
authorized to be issued under RCW 43.83I.160 through
43.83I.170.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
1977 fisheries bond retirement fund an amount equal to the
amount certified by the state finance committee to be due on
the payment date. [1979 ex.s. c 224 § 5.]
43.83I.170 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83I.160 through
43.83I.168 shall constitute a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1979 ex.s. c 224 § 6.]
(2002 Ed.)
43.83I.160
1981 BOND ISSUE
43.83I.172 General obligation bonds—Authorized—
Issuance, sale, terms, etc.—Appropriation required. For
the purpose of providing needed capital improvements
consisting of the acquisition, construction, remodeling,
furnishing, and equipping of state buildings and facilities for
the *department of fisheries, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of six million five hundred thousand
dollars, or so much thereof as may be required, to finance
these projects, and all costs incidental thereto. No bonds
authorized by RCW 43.83I.172 through 43.83I.182 may be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII,
section 1 of the state Constitution. [1981 c 231 § 1.]
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.174 Bond anticipation notes. When the state
finance committee has determined to issue the general
obligation bonds or a portion thereof as authorized in RCW
43.83I.172, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the
issuance of the bonds, which notes shall be designated as
"bond anticipation notes." [1981 c 231 § 2.]
43.83I.176 Form, terms, conditions, etc., of bonds
and notes—Pledge and promise. The state finance
committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds and/or the bond
anticipation notes provided for in RCW 43.83I.172 and
43.83I.174, the time or times of sale of all or any portion of
them, and the conditions and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1981 c 231 § 3.]
43.83I.178 Proceeds deposited in fisheries capital
projects account—Use. The proceeds from the sale of the
bonds and/or bond anticipation notes authorized in RCW
43.83I.172 through 43.83I.182, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to
deposit therein, shall be deposited in the fisheries capital
projects account of the general fund in the state treasury.
All of these proceeds shall be used exclusively for the
purposes specified in RCW 43.83I.172 through 43.83I.182
and for the payment of the expenses incurred in connection
with the sale and issuance of the bonds and bond anticipation notes. [1981 c 231 § 4.]
43.83I.180 Retirement of bonds from 1977 fisheries
bond retirement fund. The 1977 fisheries bond retirement
fund in the state treasury shall be used for the purpose of the
payment of the principal of and interest on the bonds
[Title 43 RCW—page 383]
43.83I.180
Title 43 RCW: State Government—Executive
authorized to be issued under RCW 43.83I.172 through
43.83I.182.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
1977 fisheries bond retirement fund an amount equal to the
amount certified by the state finance committee to be due on
the payment date. [1981 c 231 § 5.]
43.83I.182 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83I.172 through
43.83I.180 shall constitute a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1981 c 231 § 6.]
1983 BOND ISSUE
43.83I.184 General obligation bonds—Authorized—
Issuance—Appropriation required. For the purpose of
providing needed capital improvements consisting of the
acquisition, construction, remodeling, refurbishing, furnishing, and equipping of state buildings and facilities for the
*department of fisheries, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of one million one hundred sixty-five
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. No
bonds authorized in this section may be offered for sale
without prior legislative appropriation. [1983 1st ex.s. c 59
§ 1.]
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.186 Deposit of proceeds in fisheries capital
projects account—Use. The proceeds from the sale of the
bonds authorized in RCW 43.83I.184 shall be deposited in
the fisheries capital projects account in the state general fund
and shall be used exclusively for the purposes specified in
RCW 43.83I.184 and for the payment of expenses incurred
in the issuance and sale of the bonds. [1983 1st ex.s. c 59
§ 2.]
43.83I.188 Administration of proceeds. The proceeds from the sale of the bonds deposited under RCW
43.83I.186 in the fisheries capital projects account of the
general fund shall be administered by the department of fish
and wildlife, subject to legislative appropriation. [1994 c
264 § 29; 1983 1st ex.s. c 59 § 3.]
43.83I.190 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83I.184.
[Title 43 RCW—page 384]
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 43.83I.184 shall state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1983 1st ex.s. c 59 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
43.83I.192 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83I.184, and RCW 43.83I.190 shall not be deemed to
provide an exclusive method for the payment. [1983 1st
ex.s. c 59 § 5.]
43.83I.194 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83I.184 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [1983 1st ex.s.
c 59 § 6.]
CONSTRUCTION
43.83I.900 Severability—1975-’76 2nd ex.s. c 132.
If any provision of this 1976 act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or
circumstances is not affected. [1975-’76 2nd ex.s. c 132 §
8.]
43.83I.910 Severability—1977 ex.s. c 343. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 343 § 7.]
43.83I.912 Severability—1979 ex.s. c 224. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 224 § 7.]
43.83I.914 Severability—1981 c 231. If any provision of this act or its application to any person or circum(2002 Ed.)
Department of Fisheries—Bond Issues
43.83I.914
stance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 231 § 7.]
and RCW 43.84.150, the state investment board shall adopt
procedural policies governing the management of said
permanent trust funds. [1981 c 3 § 17; 1973 1st ex.s. c 103
§ 5; 1965 ex.s. c 104 § 3.]
43.83I.915 Severability—1983 1st ex.s. c 59. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 59 § 7.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW
2.10.080.
State investment board: Chapter 43.33A RCW.
Chapter 43.84
INVESTMENTS AND INTERFUND LOANS
Sections
43.84.031
Management of permanent funds—Procedural policies—
Limitation on purchase, sale or exchange prices for
securities.
43.84.041 Management of permanent funds—Disposition of securities.
43.84.051 Management of permanent funds—Collection of interest,
income and principal of securities—Disposition.
43.84.061 Management of permanent funds in accordance with established standards.
43.84.080 Investment of current state funds.
43.84.092 Deposit of surplus balance investment earnings—Treasury
income account—Accounts and funds credited.
43.84.095 Exemption from reserve fund—Motor vehicle fund income
from United States securities.
43.84.120 Investment in state warrants.
43.84.130 Separate accounting as to permanent school fund.
43.84.140 Investment of scientific school, agricultural college, and
state university funds in regents’ revenue bonds.
43.84.150 Authority of state investment board to invest, reinvest, manage investments acquired.
43.84.160 Investment counseling fees payable from earnings.
43.84.170 Investment of surplus moneys in common school fund, agricultural college fund, normal school fund, scientific
school fund or university fund.
Community renewal bonds: RCW 35.81.110.
Federal home owner’s loan corporation bonds, valid investment for public
and trust funds: RCW 39.60.010.
Firemen’s pension board, investments by: RCW 41.16.040.
Highway construction bonds, investment in: Chapter 47.10 RCW.
Housing authority bonds, authorized as legal investments: RCW 35.82.220.
Industrial insurance funds: Chapter 51.44 RCW.
Investment accounting: RCW 43.33A.180.
Judicial retirement—Investment for supplemental retirement: RCW
2.14.080.
Metropolitan municipal corporation obligations, authorized for public
deposits: RCW 35.58.510.
Mutual savings banks, investments in state bonds: RCW 32.20.050.
Port district toll facility bonds and notes as legal investments: RCW
53.34.150.
Public utility district revenue obligations as legal investments: RCW
54.24.120.
School building construction bonds: Chapter 28A.525 RCW.
Schools and school districts’ bonds, investment of permanent school fund
in: State Constitution Art. 16 § 5.
Statewide city employees’ retirement system funds: RCW 41.44.100.
United States corporation bonds, valid investment for public and trust
funds: RCW 39.60.010.
43.84.031 Management of permanent funds—
Procedural policies—Limitation on purchase, sale or
exchange prices for securities. Subject to the limitation of
authority delegated by RCW 43.84.031 through 43.84.061
(2002 Ed.)
43.84.041 Management of permanent funds—
Disposition of securities. All securities purchased or held
on behalf of said funds, shall be held and disbursed through
the state treasury and shall be in the physical custody of the
state treasurer, who may deposit with the fiscal agent of the
state, or with a state depository, such of said securities as he
shall consider advisable to be held in safekeeping by said
agent or bank for collection of principal and interest, or of
the proceeds of sale thereof. [1965 ex.s. c 104 § 4.]
43.84.051 Management of permanent funds—
Collection of interest, income and principal of securities—Disposition. It shall be the duty of the state treasurer
to collect the interest, or other income on, and the principal
of the securities held in his or her custody pursuant to RCW
43.84.041 as the said sums become due and payable, and to
pay the same when so collected into the respective funds to
which the principal and interest shall accrue, less the
allocation to the state treasurer’s service account [fund]
pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160. [1991 sp.s.
c 13 § 93; 1965 ex.s. c 104 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.84.061 Management of permanent funds in
accordance with established standards. Any investments
made hereunder by the state investment board shall be made
in accordance with the standards established in RCW
43.33A.140. [1998 c 14 § 3; 1965 ex.s. c 104 § 6.]
43.84.080 Investment of current state funds.
Wherever there is in any fund or in cash balances in the
state treasury more than sufficient to meet the current
expenditures properly payable therefrom, the state treasurer
may invest or reinvest such portion of such funds or balances as the state treasurer deems expedient in the following
defined securities or classes of investments:
(1) Certificates, notes, or bonds of the United States, or
other obligations of the United States or its agencies, or of
any corporation wholly owned by the government of the
United States;
(2) In state, county, municipal, or school district bonds,
or in warrants of taxing districts of the state. Such bonds
and warrants shall be only those found to be within the limit
of indebtedness prescribed by law for the taxing district
issuing them and to be general obligations. The state
treasurer may purchase such bonds or warrants directly from
the taxing district or in the open market at such prices and
upon such terms as it may determine, and may sell them at
such times as it deems advisable;
[Title 43 RCW—page 385]
43.84.080
Title 43 RCW: State Government—Executive
(3) In motor vehicle fund warrants when authorized by
agreement between the state treasurer and the department of
transportation requiring repayment of invested funds from
any moneys in the motor vehicle fund available for state
highway construction;
(4) In federal home loan bank notes and bonds, federal
land bank bonds and federal national mortgage association
notes, debentures and guaranteed certificates of participation,
or the obligations of any other government sponsored
corporation whose obligations are or may become eligible as
collateral for advances to member banks as determined by
the board of governors of the federal reserve system;
(5) Bankers’ acceptances purchased on the secondary
market;
(6) Negotiable certificates of deposit of any national or
state commercial or mutual savings bank or savings and loan
association doing business in the United States: PROVIDED, That the treasurer shall adhere to the investment policies
and procedures adopted by the state investment board;
(7) Commercial paper: PROVIDED, That the treasurer
shall adhere to the investment policies and procedures
adopted by the state investment board. [1982 c 148 § 1;
1981 c 3 § 18; 1979 ex.s. c 154 § 1; 1975 1st ex.s. c 4 § 1;
1971 c 16 § 1; 1967 c 211 § 1; 1965 c 8 § 43.84.080. Prior:
1961 c 281 § 11; 1955 c 197 § 1; 1935 c 91 § 1; RRS §
5508-1.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1961 c 281: See note following RCW 47.12.180.
Motor vehicle fund warrants for state highway acquisition: RCW 47.12.180
through 47.12.240.
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective unless Referendum Bill No. 51
is approved at the November 2002 general election.) (1)
All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account,
which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for
refunds or allocations of interest earnings required by the
cash management improvement act. Refunds of interest to
the federal treasury required under the cash management
improvement act fall under RCW 43.88.180 and shall not
require appropriation. The office of financial management
shall determine the amounts due to or from the federal
government pursuant to the cash management improvement
act. The office of financial management may direct transfers
of funds between accounts as deemed necessary to implement the provisions of the cash management improvement
act, and this subsection. Refunds or allocations shall occur
prior to the distributions of earnings set forth in subsection
(4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
[Title 43 RCW—page 386]
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in
subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the
earnings credited to the treasury income account. The state
treasurer shall credit the general fund with all the earnings
credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account’s
and fund’s average daily balance for the period: The capitol
building construction account, the Cedar River channel
construction and operation account, the Central Washington
University capital projects account, the charitable, educational, penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water
assistance account, the drinking water assistance administrative account, the drinking water assistance repayment
account, the Eastern Washington University capital projects
account, the education construction fund, the emergency
reserve fund, the federal forest revolving account, the health
services account, the public health services account, the
health system capacity account, the personal health services
account, the state higher education construction account, the
higher education construction account, the highway infrastructure account, the industrial insurance premium refund
account, the judges’ retirement account, the judicial retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real
estate excise tax account, the local sales and use tax account,
the medical aid account, the mobile home park relocation
fund, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and
use tax equalization account, the natural resources deposit
account, the oyster reserve land account, the perpetual
surveillance and maintenance account, the public employees’
retirement system plan 1 account, the public employees’
retirement system combined plan 2 and plan 3 account, the
public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account,
the Puyallup tribal settlement account, the regional transportation investment district account, the resource management
cost account, the site closure account, the special wildlife account, the state employees’ insurance account, the state
employees’ insurance reserve account, the state investment
board expense account, the state investment board commingled trust fund accounts, the supplemental pension account,
the Tacoma Narrows toll bridge account, the teachers’
retirement system plan 1 account, the teachers’ retirement
system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement
account, the transportation infrastructure account, the tuition
recovery trust fund, the University of Washington bond
retirement fund, the University of Washington building
account, the volunteer fire fighters’ and reserve officers’
relief and pension principal fund, the volunteer fire fighters’
(2002 Ed.)
Investments and Interfund Loans
and reserve officers’ administrative fund, the Washington
fruit express account, the Washington judicial retirement
system account, the Washington law enforcement officers’
and fire fighters’ system plan 1 retirement account, the
Washington law enforcement officers’ and fire fighters’
system plan 2 retirement account, the Washington school
employees’ retirement system combined plan 2 and 3
account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control
revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing
balances of the agricultural permanent fund, the normal
school permanent fund, the permanent common school fund,
the scientific permanent fund, and the state university
permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to
the state treasurer’s service fund pursuant to RCW
43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account’s or fund’s average daily balance for the
period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the grade
crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway
safety account, the motor vehicle fund, the motorcycle safety
education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the
recreational vehicle account, the rural arterial trust account,
the safety and education account, the special category C
account, the state patrol highway account, the transportation
equipment fund, the transportation fund, the transportation
improvement account, the transportation improvement board
bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the
state Constitution, no treasury accounts or funds shall be
allocated earnings without the specific affirmative directive
of this section. [2002 c 242 § 2; 2002 c 114 § 24; 2002 c
56 § 402. Prior: 2001 2nd sp.s. c 14 § 608; (2001 2nd sp.s.
c 14 § 607 expired March 1, 2002); 2001 c 273 § 6; (2001
c 273 § 5 expired March 1, 2002); 2001 c 141 § 3; (2001 c
141 § 2 expired March 1, 2002); 2001 c 80 § 5; (2001 c 80
§ 4 expired March 1, 2002); 2000 2nd sp.s. c 4 § 6; prior:
2000 2nd sp.s. c 4 § 5; (2000 2nd sp.s. c 4 §§ 3, 4 expired
September 1, 2000); 2000 c 247 § 702; 2000 c 79 § 39;
(2000 c 79 §§ 37, 38 expired September 1, 2000); prior:
1999 c 380 § 9; 1999 c 380 § 8; 1999 c 309 § 929; (1999 c
309 § 928 expired September 1, 2000); 1999 c 268 § 5;
(1999 c 268 § 4 expired September 1, 2000); 1999 c 94 § 4;
(1999 c 94 §§ 2, 3 expired September 1, 2000); 1998 c 341
§ 708; 1997 c 218 § 5; 1996 c 262 § 4; prior: 1995 c 394
§ 1; 1995 c 122 § 12; prior: 1994 c 2 § 6 (Initiative
Measure No. 601, approved November 2, 1993); 1993 sp.s.
c 25 § 511; 1993 sp.s. c 8 § 1; 1993 c 500 § 6; 1993 c 492
§ 473; 1993 c 445 § 4; 1993 c 329 § 2; 1993 c 4 § 9; 1992
(2002 Ed.)
43.84.092
c 235 § 4; 1991 sp.s. c 13 § 57; 1990 2nd ex.s. c 1 § 204;
1989 c 419 § 12; 1985 c 57 § 51.]
Reviser’s note: This section was amended by 2002 c 56 § 402, 2002
c 114 § 24, and by 2002 c 242 § 2, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2002 c 242: See note following RCW
43.160.085.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this
act expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes
following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires
March 1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires
March 1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal
law, which is the source of funds in the drinking water assistance account,
used to fund the Washington state drinking water loan program as part of
the federal safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect
March 1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires
March 1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and
4 of this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note
following RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following
RCW 43.89.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of
this act expire September 1, 2000." [2000 c 79 § 49.]
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900
and 43.99P.901.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect
September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires
September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this
act expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based
budgeting. Too many accounts also limit the flexibility of the legislature
[Title 43 RCW—page 387]
43.84.092
Title 43 RCW: State Government—Executive
to address emerging and changing issues in addition to creating administrative burdens for the responsible agencies. Accounts created for specific
purposes may no longer be valid or needed. Accordingly, this act
eliminates accounts that are not in use or are unneeded and consolidates
accounts that are similar in nature." [1999 c 94 § 1.]
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect June 30,
1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect June 1,
1995." [1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Legislative declaration—Effective date—1993 c 4: See notes
following RCW 47.56.770.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.) (1) All earnings of investments of surplus
balances in the state treasury shall be deposited to the
treasury income account, which account is hereby established
in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
[Title 43 RCW—page 388]
by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for
refunds or allocations of interest earnings required by the
cash management improvement act. Refunds of interest to
the federal treasury required under the cash management
improvement act fall under RCW 43.88.180 and shall not
require appropriation. The office of financial management
shall determine the amounts due to or from the federal
government pursuant to the cash management improvement
act. The office of financial management may direct transfers
of funds between accounts as deemed necessary to implement the provisions of the cash management improvement
act, and this subsection. Refunds or allocations shall occur
prior to the distributions of earnings set forth in subsection
(4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in
subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the
earnings credited to the treasury income account. The state
treasurer shall credit the general fund with all the earnings
credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account’s
and fund’s average daily balance for the period: The capitol
building construction account, the Cedar River channel
construction and operation account, the Central Washington
University capital projects account, the charitable, educational, penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water
assistance account, the drinking water assistance administrative account, the drinking water assistance repayment
account, the Eastern Washington University capital projects
account, the education construction fund, the emergency
reserve fund, the federal forest revolving account, the health
services account, the public health services account, the
health system capacity account, the personal health services
account, the state higher education construction account, the
higher education construction account, the highway infrastructure account, the industrial insurance premium refund
account, the judges’ retirement account, the judicial retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real
estate excise tax account, the local sales and use tax account,
the medical aid account, the mobile home park relocation
fund, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and
use tax equalization account, the natural resources deposit
account, the oyster reserve land account, the perpetual
(2002 Ed.)
Investments and Interfund Loans
surveillance and maintenance account, the public employees’
retirement system plan 1 account, the public employees’
retirement system combined plan 2 and plan 3 account, the
public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account,
the Puyallup tribal settlement account, the regional transportation investment district account, the resource management
cost account, the site closure account, the special wildlife account, the state employees’ insurance account, the state
employees’ insurance reserve account, the state investment
board expense account, the state investment board commingled trust fund accounts, the supplemental pension account,
the Tacoma Narrows toll bridge account, the teachers’
retirement system plan 1 account, the teachers’ retirement
system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement
account, the transportation infrastructure account, the tuition
recovery trust fund, the University of Washington bond
retirement fund, the University of Washington building
account, the volunteer fire fighters’ and reserve officers’
relief and pension principal fund, the volunteer fire fighters’
and reserve officers’ administrative fund, the Washington
fruit express account, the Washington judicial retirement
system account, the Washington law enforcement officers’
and fire fighters’ system plan 1 retirement account, the
Washington law enforcement officers’ and fire fighters’
system plan 2 retirement account, the Washington school
employees’ retirement system combined plan 2 and 3
account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control
revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing
balances of the agricultural permanent fund, the normal
school permanent fund, the permanent common school fund,
the scientific permanent fund, and the state university
permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to
the state treasurer’s service fund pursuant to RCW
43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account’s or fund’s average daily balance for the
period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the freight
mobility account, the grade crossing protective fund, the high
capacity transportation account, the highway bond retirement
fund, the highway safety account, the motor vehicle fund, the
motorcycle safety education account, the pilotage account,
the public transportation systems account, the Puget Sound
capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural
arterial trust account, the safety and education account, the
special category C account, the state patrol highway account,
the transportation equipment fund, the transportation fund,
the transportation improvement account, the transportation
improvement board bond retirement account, and the urban
arterial trust account.
(2002 Ed.)
43.84.092
(5) In conformance with Article II, section 37 of the
state Constitution, no treasury accounts or funds shall be
allocated earnings without the specific affirmative directive
of this section. [2002 c 242 § 2; 2002 c 202 § 205; 2002 c
114 § 24; 2002 c 56 § 402. Prior: 2001 2nd sp.s. c 14 §
608; (2001 2nd sp.s. c 14 § 607 expired March 1, 2002);
2001 c 273 § 6; (2001 c 273 § 5 expired March 1, 2002);
2001 c 141 § 3; (2001 c 141 § 2 expired March 1, 2002);
2001 c 80 § 5; (2001 c 80 § 4 expired March 1, 2002); 2000
2nd sp.s. c 4 § 6; prior: 2000 2nd sp.s. c 4 § 5; (2000 2nd
sp.s. c 4 §§ 3, 4 expired September 1, 2000); 2000 c 247 §
702; 2000 c 79 § 39; (2000 c 79 §§ 37, 38 expired September 1, 2000); prior: 1999 c 380 § 9; 1999 c 380 § 8; 1999
c 309 § 929; (1999 c 309 § 928 expired September 1, 2000);
1999 c 268 § 5; (1999 c 268 § 4 expired September 1,
2000); 1999 c 94 § 4; (1999 c 94 §§ 2, 3 expired September
1, 2000); 1998 c 341 § 708; 1997 c 218 § 5; 1996 c 262 §
4; prior: 1995 c 394 § 1; 1995 c 122 § 12; prior: 1994 c 2
§ 6 (Initiative Measure No. 601, approved November 2,
1993); 1993 sp.s. c 25 § 511; 1993 sp.s. c 8 § 1; 1993 c 500
§ 6; 1993 c 492 § 473; 1993 c 445 § 4; 1993 c 329 § 2;
1993 c 4 § 9; 1992 c 235 § 4; 1991 sp.s. c 13 § 57; 1990
2nd ex.s. c 1 § 204; 1989 c 419 § 12; 1985 c 57 § 51.]
Reviser’s note: This section was amended by 2002 c 56 § 402, 2002
c 114 § 24, 2002 c 202 § 205, and by 2002 c 242 § 2, each without
reference to the other. All amendments are incorporated in the publication
of this section under RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Findings—Intent—2002 c 242: See note following RCW
43.160.085.
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this
act expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes
following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires
March 1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires
March 1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal
law, which is the source of funds in the drinking water assistance account,
used to fund the Washington state drinking water loan program as part of
the federal safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect
March 1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires
March 1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and
4 of this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
[Title 43 RCW—page 389]
43.84.092
Title 43 RCW: State Government—Executive
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note
following RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following
RCW 43.89.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of
this act expire September 1, 2000." [2000 c 79 § 49.]
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900
and 43.99P.901.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect
September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires
September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this
act expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based
budgeting. Too many accounts also limit the flexibility of the legislature
to address emerging and changing issues in addition to creating administrative burdens for the responsible agencies. Accounts created for specific
purposes may no longer be valid or needed. Accordingly, this act
eliminates accounts that are not in use or are unneeded and consolidates
accounts that are similar in nature." [1999 c 94 § 1.]
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect June 30,
1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect June 1,
1995." [1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
[Title 43 RCW—page 390]
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Legislative declaration—Effective date—1993 c 4: See notes
following RCW 47.56.770.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.095 Exemption from reserve fund—Motor
vehicle fund income from United States securities.
Whenever moneys of the motor vehicle fund shall be
invested in bonds, notes, bills or certificates of the United
States treasury payable at par upon demand, or within a term
not greater than one year, it shall not be necessary to place
any portion of the income therefrom in the reserve fund
provided for in *RCW 43.84.090. [1965 c 8 § 43.84.095.
Prior: 1953 c 56 § 1.]
*Reviser’s note: RCW 43.84.090 was repealed by 1991 sp.s. c 13 §
122, effective July 1, 1991.
43.84.120 Investment in state warrants. Whenever
there is in any fund or in cash balances in the state treasury
more than sufficient to meet the current expenditures
properly payable therefrom, and over and above the amount
belonging to the permanent school fund as shown by the
separation made by the state treasurer, the state treasurer
may invest such portion of such funds or balances over and
above that belonging to the permanent school fund in registered warrants of the state of Washington at such times and
in such amounts, and may sell them at such times, as he
deems advisable: PROVIDED, That those funds having
statutory authority to make investments are excluded from
the provisions of RCW 43.84.120.
Upon such investment being made, the state treasurer
shall pay into the appropriate fund the amount so invested,
and the warrants so purchased shall be deposited with the
state treasurer, who shall collect all interest and principal
payments falling due thereon and allocate the same to the
proper fund or funds. [1971 ex.s. c 88 § 4; 1965 c 8 §
43.84.120. Prior: 1951 c 232 § 2.]
Severability—1971 ex.s. c 88: See note following RCW 43.08.070.
43.84.130 Separate accounting as to permanent
school fund. For the purposes of RCW 43.84.120 the state
treasurer shall make and keep an accounting separation of
the amount of cash balances in the state treasury belonging
to the permanent school fund. [1965 c 8 § 43.84.130. Prior:
1951 c 232 § 1.]
43.84.140 Investment of scientific school, agricultural college, and state university funds in regents’ revenue
(2002 Ed.)
Investments and Interfund Loans
bonds. The state investment board is authorized to invest
moneys in the scientific school permanent fund and the
agricultural college permanent fund in regents’ revenue
bonds issued by the board of regents of Washington State
University for the purposes provided for in RCW 28B.10.300
and to invest moneys in the state university permanent fund
in regents’ revenue bonds issued by the board of regents of
the University of Washington for the purposes provided in
RCW 28B.10.300. [1981 c 3 § 19; 1965 c 8 § 43.84.140.
Prior: 1959 c 150 § 1.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.84.150 Authority of state investment board to
invest, reinvest, manage investments acquired. Except
where otherwise specifically provided by law, the state
investment board shall have full power to invest, reinvest,
manage, contract, or sell or exchange investments acquired.
Investments shall be made in accordance with RCW
43.33A.140 and investment policy duly established and
published by the state investment board. [1998 c 14 § 4;
1981 c 98 § 1; 1981 c 3 § 20; 1979 c 119 § 3; 1977 ex.s. c
251 § 5; 1975-’76 2nd ex.s. c 17 § 2. Prior: 1975 1st ex.s.
c 252 § 1; 1975 1st ex.s. c 81 § 1; 1973 1st ex.s. c 103 §
12.]
Effective date—1981 c 98: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 98 § 2.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW
2.10.080.
43.84.160 Investment counseling fees payable from
earnings. Investment counseling fees established by
contract shall be payable from the investment earnings derived from those assets being managed by investment
counsel. [1973 1st ex.s. c 103 § 13.]
Severability—1973 1st ex.s. c 103: See note following RCW
2.10.080.
43.84.170 Investment of surplus moneys in common
school fund, agricultural college fund, normal school
fund, scientific school fund or university fund. Whenever
there are surplus moneys available for investment in the
permanent common school fund, the agricultural college
permanent fund, the normal school permanent fund, the
scientific school permanent fund, or the university permanent
fund, the state investment board has full power to invest or
reinvest such funds in the manner prescribed by RCW
43.84.150, and not otherwise. [1981 c 3 § 21; 1973 1st ex.s.
c 103 § 14.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW
2.10.080.
Agricultural permanent fund: RCW 43.79.130.
Normal school permanent fund: RCW 43.79.160.
Permanent common school fund: State Constitution Art. 9 § 3, RCW
28A.515.300.
Scientific permanent fund: RCW 43.79.110.
(2002 Ed.)
43.84.140
University permanent fund: RCW 43.79.060.
Chapter 43.85
STATE DEPOSITARIES
Sections
43.85.070
43.85.130
Deposits deemed in state treasury—Liability.
Deposit of commissioner of public lands and department of
natural resources funds—Natural resources deposit
fund—Repayments.
43.85.190 Investment deposits and rate of interest.
43.85.200 Investment deposits and rate of interest—State moneys defined.
43.85.210 Investment deposits and rate of interest—Demand and time
accounts authorized.
43.85.220 Investment deposits and rate of interest—Members of federal reserve or federal deposit insurance corporation.
43.85.230 Investment deposits and rate of interest—Term deposit basis.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
43.85.070 Deposits deemed in state treasury—
Liability. The state treasurer may deposit with any qualified
public depositary which has fully complied with all requirements of law and the regulations of the public deposit
protection commission any state moneys in his hands or
under his official control and any sum so on deposit shall be
deemed to be in the state treasury, and he shall not be liable
for any loss thereof resulting from the failure or default of
any such depositary without fault or neglect on his part or on
the part of his assistants or clerks. [1969 ex.s. c 193 § 18;
1965 c 8 § 43.85.070. Prior: 1945 c 129 § 2; 1943 c 134
§ 1; 1935 c 139 § 3; 1931 c 87 § 2; 1907 c 37 § 4; Rem.
Supp. 1945 § 5551.]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Liability of treasurers for losses of deposits: RCW 39.58.140.
43.85.130 Deposit of commissioner of public lands
and department of natural resources funds—Natural
resources deposit fund—Repayments. (1) The department
shall deposit daily all moneys and fees collected or received
by the commissioner of public lands and the department of
natural resources in the discharge of official duties as
follows:
(a) The department shall pay moneys received as
advance payments, deposits, and security from successful
bidders under RCW 79.01.132 and 79.01.204 to the state
treasurer for deposit under subsection (1)(b) of this section.
Moneys received from unsuccessful bidders shall be returned
as provided in RCW 79.01.204;
(b) The department shall pay all moneys received on
behalf of a trust fund or account to the state treasurer for
deposit in the trust fund or account after making the deduction authorized under RCW 76.12.030, 76.12.120, and
79.64.040;
(c) The natural resources deposit fund is hereby created.
The state treasurer is the custodian of the fund. All moneys
or sums which remain in the custody of the commissioner of
public lands awaiting disposition or where the final disposition is not known shall be deposited into the natural resources deposit fund. Disbursement from the fund shall be on the
[Title 43 RCW—page 391]
43.85.130
Title 43 RCW: State Government—Executive
authorization of the commissioner or the commissioner’s
designee, without necessity of appropriation;
(d) If it is required by law that the department repay
moneys disbursed under subsections (1)(a) and (1)(b) of this
section the state treasurer shall transfer such moneys, without
necessity of appropriation, to the department upon demand
by the department from those trusts and accounts originally
receiving the moneys.
(2) Money shall not be deemed to have been paid to the
state upon any sale or lease of land until it has been paid to
the state treasurer. [1981 2nd ex.s. c 4 § 1; 1965 c 8 §
43.85.130. Prior: (i) 1911 c 51 § 1; RRS § 5555. (ii) 1909
c 133 § 1, part; 1907 c 96 § 1, part; RRS § 5501, part.]
Moneys received and invested prior to December 1, 1981:
"Moneys received as deposits from successful bidders, advance payments,
and security under RCW 79.01.132 and 79.01.204, which have been
invested prior to December 1, 1981, in time deposits, shall be subject to
RCW 43.85.130 as each time deposit matures." [1981 2nd ex.s. c 4 § 2.]
Severability—1981 2nd ex.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 2nd ex.s. c 4 § 16.]
43.85.190 Investment deposits and rate of interest.
It is the purpose of RCW 43.85.190 through 43.85.230 to
authorize the state treasurer to make investment deposits of
state moneys or funds in his custody in qualified public
depositaries at a rate of interest permitted by any applicable
statute or regulation. [1983 c 66 § 17; 1983 c 3 § 113; 1969
ex.s. c 193 § 21; 1965 c 8 § 43.85.190. Prior: 1955 c 198
§ 1.]
Severability—1983 c 66: See note following RCW 39.58.010.
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
43.85.200 Investment deposits and rate of interest—
State moneys defined. All moneys or funds belonging to
or in the custody of the state under the control of the state
treasurer shall be considered as state moneys or funds.
[1965 c 8 § 43.85.200. Prior: 1955 c 198 § 2.]
43.85.210 Investment deposits and rate of interest—
Demand and time accounts authorized. The state treasurer
may deposit state moneys or funds at interest in any qualified public depositary upon a demand or time account basis.
[1983 c 66 § 18; 1965 c 8 § 43.85.210. Prior: 1955 c 198
§ 3.]
Severability—1983 c 66: See note following RCW 39.58.010.
43.85.220 Investment deposits and rate of interest—
Members of federal reserve or federal deposit insurance
corporation. If state depositaries are member banks of the
federal reserve system, or are banks the deposits of which,
within certain limits, are insured by the federal deposit
insurance corporation and, as such, are prohibited by a
statute of the United States or by a lawful regulation of the
federal reserve system or of the federal deposit insurance
corporation, or of any authorized agency of the federal
government, from paying interest upon demand deposits of
public funds of a state, the payment of interest shall not be
required of such depositaries to the extent and for the period
[Title 43 RCW—page 392]
of time that payment thereof is prohibited. [1965 c 8 §
43.85.220. Prior: 1955 c 198 § 4.]
43.85.230 Investment deposits and rate of interest—
Term deposit basis. The state treasurer may deposit
moneys not required to meet current demands upon a term
deposit basis not to exceed five years at such interest rates
and upon such conditions as to withdrawals of such moneys
as may be agreed upon between the state treasurer and any
qualified public depositary. [1993 c 512 § 32; 1984 c 177
§ 20; 1983 c 66 § 19; 1965 c 8 § 43.85.230. Prior: 1955 c
198 § 5.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Severability—1983 c 66: See note following RCW 39.58.010.
Chapter 43.86A
SURPLUS FUNDS—INVESTMENT PROGRAM
Sections
43.86A.010 Finding—Objectives.
43.86A.020 Surplus funds held as demand deposits to be limited.
43.86A.030 Time certificate of deposit investment program—Funds
available for—Allocation.
43.86A.040 Other investment powers of state treasurer not limited.
43.86A.050 Implementation of chapter by state treasurer.
43.86A.060 Linked deposit program—Minority and women’s business
enterprises.
43.86A.070 Linked deposit program—Liability.
Public funds, deposit and investment, public depositaries: Chapter 39.58
RCW.
43.86A.010 Finding—Objectives. The legislature
finds that a procedure should be established for the management of short term treasury surplus funds by the state
treasurer in order to insure a maximum return while they are
on deposit in public depositaries. The objectives of this
procedure are to minimize noninterest earning demand
deposits and provide fair compensation to financial institutions for services rendered to the state through the investment of state funds in time deposits. [1983 c 66 § 20; 1973
c 123 § 1.]
Severability—1983 c 66: See note following RCW 39.58.010.
43.86A.020 Surplus funds held as demand deposits
to be limited. After March 19, 1973, the state treasurer
shall limit surplus funds held as demand deposits to an
amount necessary for current operating expenses including
direct warrant redemption payments, investments and
revenue collection. The state treasurer may hold such
additional funds as demand deposits as he deems necessary
to insure efficient treasury management. [1973 c 123 § 2.]
43.86A.030 Time certificate of deposit investment
program—Funds available for—Allocation. (1) Funds
held in public depositaries not as demand deposits as
provided in RCW 43.86A.020 and 43.86A.030, shall be
available for a time certificate of deposit investment program
according to the following formula: The state treasurer shall
apportion to all participating depositaries an amount equal to
five percent of the three year average mean of general state
revenues as certified in accordance with Article VIII, section
(2002 Ed.)
Surplus Funds—Investment Program
1(b) of the state Constitution, or fifty percent of the total
surplus treasury investment availability, whichever is less.
Within thirty days after certification, those funds determined
to be available according to this formula for the time
certificate of deposit investment program shall be deposited
in qualified public depositaries. These deposits shall be
allocated among the participating depositaries on a basis to
be determined by the state treasurer.
(2) The state treasurer may use up to fifty million
dollars per year of all funds available under this section for
the purposes of RCW 43.86A.060. The amounts made
available to these public depositaries shall be equal to the
amounts of outstanding loans made under RCW 43.86A.060.
(3) The formula so devised shall be a matter of public
record giving consideration to, but not limited to deposits,
assets, loans, capital structure, investments or some combination of these factors. However, if in the judgment of the
state treasurer the amount of allocation for certificates of
deposit as determined by this section will impair the cash
flow needs of the state treasury, the state treasurer may
adjust the amount of the allocation accordingly. [1993 c 512
§ 33; 1982 c 74 § 1; 1973 c 123 § 3.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.86A.040 Other investment powers of state
treasurer not limited. Except as provided in RCW
43.86A.020 and 43.86A.030, nothing in this chapter shall be
construed as a limitation upon the powers of the state
treasurer to determine the amount of surplus treasury funds
which may be invested in time certificates of deposit. [1973
c 123 § 4.]
43.86A.050 Implementation of chapter by state
treasurer. The state treasurer shall devise the necessary
formulae and methodology to implement the provisions of
this chapter. Periodically, but at least once every six
months, the state treasurer shall review all rules and shall
adopt, amend or repeal them as may be necessary. These
rules and a list of time certificate of deposit allocations shall
be published in the treasurer’s monthly financial report as
required under the provisions of RCW 43.08.150. [1973 c
123 § 5.]
43.86A.060 Linked deposit program—Minority and
women’s business enterprises. (1) The state treasurer shall
establish a linked deposit program for investment of deposits
in qualified public depositaries. As a condition of participating in the program, qualified public depositaries must
make qualifying loans as provided in this section. The state
treasurer may purchase a certificate of deposit that is equal
to the amount of the qualifying loan made by the qualified
public depositary or may purchase a certificate of deposit
that is equal to the aggregate amount of two or more
qualifying loans made by one or more qualified public
depositaries.
(2) Qualifying loans made under this section are those:
(a) Having terms that do not exceed ten years;
(b) That are made to a minority or women’s business
enterprise that has received state certification under chapter
39.19 RCW;
(2002 Ed.)
43.86A.030
(c) Where the interest rate on the loan to the minority
or women’s business enterprise does not exceed an interest
rate that is two hundred basis points below the interest rate
the qualified public depositary would charge for a loan for
a similar purpose and a similar term; and
(d) Where the points or fees charged at loan closing do
not exceed one percent of the loan amount.
(3) In setting interest rates of time certificate of deposits, the state treasurer shall offer rates so that a two hundred
basis point preference will be given to the qualified public
depositary.
(4) Upon notification by the state treasurer that a
minority or women’s business enterprise is no longer
certified under chapter 39.19 RCW, the qualified public
depositary shall reduce the amount of qualifying loans by the
outstanding balance of the loan made under this section to
the minority or women’s business enterprise. [2002 c 305
§ 1; 1993 c 512 § 30.]
Reviser’s note—Sunset Act application: The linked deposit program
is subject to review, termination, and possible extension under chapter
43.131 RCW, the Sunset Act. See RCW 43.131.381. RCW 46.86A.060,
43.63A.690, 43.86A.070, and 39.19.240 are scheduled for future repeal
under RCW 43.131.382.
Finding—Intent—1993 c 512: "The legislature finds that minority
and women’s business enterprises have been historically excluded from
access to capital in the marketplace. The lack of capital has been a major
barrier to the development and expansion of business by various minority
groups and women. There has been a significant amount of attention on the
capital needs of minority and women’s business enterprises. It is the intent
of the legislature to remedy the problem of a lack of access to capital by
minority and women’s business enterprises, and other small businesses by
authorizing the state treasurer to operate a program that links state deposits
to business loans by financial institutions to minority and women’s business
enterprises." [1993 c 512 § 29.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.86A.070 Linked deposit program—Liability.
The state and those acting as its agents are not liable in any
manner for payment of the principal or interest on qualifying
loans made under RCW 43.86A.060. Any delay in payments
or defaults on the part of the borrower does not in any
manner affect the deposit agreement between the qualified
public depositary and the state treasurer. [1993 c 512 § 34.]
Sunset Act application: See note following RCW 43.86A.060.
Finding—Intent—1993 c 512: See note following RCW 43.86A.060.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Chapter 43.88
STATE BUDGETING, ACCOUNTING, AND
REPORTING SYSTEM
(Formerly: Budget and accounting)
Sections
43.88.010
43.88.020
43.88.025
43.88.027
43.88.030
43.88.0301
Purpose—Intent.
Definitions.
"Director" defined.
Annual financial report.
Instructions for submitting budget requests—Content of
the budget document or documents—Separate
budget document or schedules—Format changes.
Capital budget instructions—Additional information—
Staff support from department of community,
trade, and economic development.
[Title 43 RCW—page 393]
Chapter 43.88
43.88.031
43.88.032
43.88.033
43.88.035
43.88.037
43.88.050
43.88.060
43.88.067
43.88.070
43.88.080
43.88.090
43.88.093
43.88.094
43.88.100
43.88.110
43.88.120
43.88.122
43.88.130
43.88.140
43.88.145
43.88.150
43.88.155
43.88.160
43.88.170
43.88.175
43.88.180
43.88.190
43.88.195
43.88.200
43.88.205
43.88.210
43.88.220
43.88.230
43.88.240
43.88.250
43.88.260
43.88.265
43.88.270
43.88.280
43.88.290
43.88.300
43.88.310
Title 43 RCW: State Government—Executive
Capital appropriation bill—Estimated general fund debt
service costs.
Maintenance costs, operating budget—Debt-financed
pass-through money, budget document.
State expenditure limit—Budget document to reflect.
Changes in accounting methods, practices or statutes—
Explanation in budget document or appendix required—Contents.
Comprehensive budgeting, accounting, and reporting
system conforming to generally accepted accounting principles—Budget document to conform.
Cash deficit.
Legislative review of budget document and budget bill
or bills—Time for submission.
Fee and expense report—Impact of amounts awarded to
prevailing party in agency action.
Appropriations.
Adoption of budget.
Development of budget—Detailed estimates—Mission
statement, measurable goals, program objectives—
Integration of strategic plans and performance
assessment procedures—Governor-elect input.
Development of budget—Tourism development division,
department of community, trade, and economic
development.
Development of budget—Calculation—Tourism development division, department of community, trade,
and economic development.
Executive hearings.
Expenditure programs—Maintenance summary reports—
Allotments—Reserves—Monitor capital appropriations—Predesign review for major capital construction.
Revenue estimates.
Transportation agency revenue forecasts—Variances.
When contracts and expenditures prohibited.
Lapsing of appropriations.
Capital projects—Transfer of excess appropriation authority.
Priority of expenditures—Appropriated and
nonappropriated funds—Matching funds, disburse
state moneys proportionally.
Office of financial management.
Fiscal management—Powers and duties of officers and
agencies.
Refunds of erroneous or excessive payments.
Credit reporting agencies—State agency use.
When appropriations required or not required.
Revolving funds.
Establishment of accounts or funds outside treasury
without permission of director of financial management prohibited.
Public records.
Federal funds and programs—Participating agencies to
give notice—Progress reports.
Transfer of certain powers and duties.
Federal law controls in case of conflict—Rules.
Legislative agencies and committees deemed part of
legislative branch.
Exemption of Washington state commodity commissions.
Emergency expenditures.
Deficiencies prohibited—Exceptions.
Construction accounts—Exception to certain accounting
requirements.
Penalty for violations.
Fiscal responsibilities of state officers and employees—
"State officer or employee" defined.
Fiscal responsibilities of state officers and employees—
Prohibitions relative to appropriations and expenditures.
Fiscal responsibilities of state officers and employees—
Violations—Civil penalties—Forfeiture.
Fiscal responsibilities of state officers and employees—
Duties of legislative auditor, attorney general.
[Title 43 RCW—page 394]
43.88.320
Fiscal responsibilities of state officers and employees—
Civil penalties additional to other penalties.
43.88.350
Legal services revolving fund—General administration
services account—Approval of certain changes
required.
43.88.500
State boards, commissions, councils, and committees—
Legislative finding and declaration.
43.88.505
State boards, commissions, councils, and committees—
Compilation of list, information.
43.88.510
State boards, commissions, councils, and committees—
Submission of list and data to legislature.
43.88.515
State boards, commissions, councils, and committees—
Agencies to submit lists, information.
43.88.550
Forest fire fighting expenses—Transfers to ClarkeMcNary fund.
43.88.560
Information technology projects—Funding policies and
standards.
43.88.570
Social services provided by nongovernment entities
receiving state moneys—Report by agencies—
Audits.
43.88.899
Intent—Periodic review.
43.88.901
Severability—1973 1st ex.s. c 100.
43.88.902
Severability—1975 1st ex.s. c 293.
43.88.903
Severability—1977 c 23.
43.88.910
Effective date—1975 1st ex.s. c 293.
Agreements and transactions between state agencies, charges, credits,
transfers, and advances: RCW 39.34.130 through 39.34.170.
Debts owed state: RCW 43.17.240.
Director of financial management: Chapter 43.41 RCW.
Displaced homemaker act, contributions for as subject to chapter: RCW
28B.04.110.
Expenditure limit under Initiative 601: Chapter 43.135 RCW.
Funds subject to council for the prevention of child abuse and neglect:
RCW 43.121.100.
Investments and interfund loans: Chapter 43.84 RCW.
Post-audit: RCW 43.09.290 through 43.09.330.
Reporting periods: RCW 43.01.035.
State board for community and technical colleges: RCW 28B.50.070.
State finance committee: Chapter 43.33 RCW.
State payroll revolving account, agency payroll revolving fund: RCW
42.16.010 through 42.16.017.
43.88.010 Purpose—Intent. It is the purpose of this
chapter to establish an effective state budgeting, accounting,
and reporting system for all activities of the state government, including both capital and operating expenditures; to
prescribe the powers and duties of the governor as these
relate to securing such fiscal controls as will promote
effective budget administration; and to prescribe the responsibilities of agencies of the executive branch of the state
government.
It is the intent of the legislature that the powers conferred by this chapter, as amended, shall be exercised by the
executive in cooperation with the legislature and its standing,
special, and interim committees in its status as a separate
and coequal branch of state government. [1986 c 215 § 1;
1981 c 270 § 1; 1973 1st ex.s. c 100 § 1; 1965 c 8 §
43.88.010. Prior: 1959 c 328 § 1.]
Effective date—1981 c 270: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 270 § 18.]
Severability—1981 c 270: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 270 § 17.]
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
43.88.020 Definitions. (1) "Budget" means a proposed plan of expenditures for a given period or purpose and
the proposed means for financing these expenditures.
(2) "Budget document" means a formal statement, either
written or provided on any electronic media or both, offered
by the governor to the legislature, as provided in RCW
43.88.030.
(3) "Director of financial management" means the
official appointed by the governor to serve at the governor’s
pleasure and to whom the governor may delegate necessary
authority to carry out the governor’s duties as provided in
this chapter. The director of financial management shall be
head of the office of financial management which shall be in
the office of the governor.
(4) "Agency" means and includes every state office,
officer, each institution, whether educational, correctional, or
other, and every department, division, board, and commission, except as otherwise provided in this chapter.
(5) "Public funds", for purposes of this chapter, means
all moneys, including cash, checks, bills, notes, drafts,
stocks, and bonds, whether held in trust, for operating
purposes, or for capital purposes, and collected or disbursed
under law, whether or not such funds are otherwise subject
to legislative appropriation, including funds maintained
outside the state treasury.
(6) "Regulations" means the policies, standards, and
requirements, stated in writing, designed to carry out the
purposes of this chapter, as issued by the governor or the
governor’s designated agent, and which shall have the force
and effect of law.
(7) "Ensuing biennium" means the fiscal biennium
beginning on July 1st of the same year in which a regular
session of the legislature is held during an odd-numbered
year pursuant to Article II, section 12 of the Constitution and
which biennium next succeeds the current biennium.
(8) "Dedicated fund" means a fund in the state treasury,
or a separate account or fund in the general fund in the state
treasury, that by law is dedicated, appropriated, or set aside
for a limited object or purpose; but "dedicated fund" does
not include a revolving fund or a trust fund.
(9) "Revolving fund" means a fund in the state treasury,
established by law, from which is paid the cost of goods or
services furnished to or by a state agency, and which is
replenished through charges made for such goods or services
or through transfers from other accounts or funds.
(10) "Trust fund" means a fund in the state treasury in
which designated persons or classes of persons have a vested
beneficial interest or equitable ownership, or which was
created or established by a gift, grant, contribution, devise,
or bequest that limits the use of the fund to designated objects or purposes.
(11) "Administrative expenses" means expenditures for:
(a) Salaries, wages, and related costs of personnel and (b)
operations and maintenance including but not limited to costs
of supplies, materials, services, and equipment.
(12) "Fiscal year" means the year beginning July 1st and
ending the following June 30th.
(13) "Lapse" means the termination of authority to
expend an appropriation.
(14) "Legislative fiscal committees" means the joint
legislative audit and review committee, the legislative
evaluation and accountability program committee, the ways
(2002 Ed.)
43.88.020
and means and transportation committees of the senate and
house of representatives, and, where appropriate, the legislative transportation committee.
(15) "Fiscal period" means the period for which an
appropriation is made as specified within the act making the
appropriation.
(16) "Primary budget driver" means the primary
determinant of a budget level, other than a price variable,
which causes or is associated with the major expenditure of
an agency or budget unit within an agency, such as a
caseload, enrollment, workload, or population statistic.
(17) "State tax revenue limit" means the limitation
created by chapter 43.135 RCW.
(18) "General state revenues" means the revenues
defined by Article VIII, section 1(c) of the state Constitution.
(19) "Annual growth rate in real personal income"
means the estimated percentage growth in personal income
for the state during the current fiscal year, expressed in
constant value dollars, as published by the office of financial
management or its successor agency.
(20) "Estimated revenues" means estimates of revenue
in the most recent official economic and revenue forecast
prepared under RCW 82.33.020, and prepared by the office
of financial management for those funds, accounts, and
sources for which the office of the economic and revenue
forecast council does not prepare an official forecast including estimates of revenues to support financial plans under
RCW 44.40.070, that are prepared by the office of financial
management in consultation with the transportation revenue
forecast council.
(21) "Estimated receipts" means the estimated receipt of
cash in the most recent official economic and revenue
forecast prepared under RCW 82.33.020, and prepared by
the office of financial management for those funds, accounts,
and sources for which the office of the economic and
revenue forecast council does not prepare an official forecast.
(22) "State budgeting, accounting, and reporting system"
means a system that gathers, maintains, and communicates
fiscal information. The system links fiscal information
beginning with development of agency budget requests
through adoption of legislative appropriations to tracking
actual receipts and expenditures against approved plans.
(23) "Allotment of appropriation" means the agency’s
statement of proposed expenditures, the director of financial
management’s review of that statement, and the placement
of the approved statement into the state budgeting, accounting, and reporting system.
(24) "Statement of proposed expenditures" means a plan
prepared by each agency that breaks each appropriation out
into monthly detail representing the best estimate of how the
appropriation will be expended.
(25) "Undesignated fund balance (or deficit)" means
unreserved and undesignated current assets or other resources
available for expenditure over and above any current
liabilities which are expected to be incurred by the close of
the fiscal period.
(26) "Internal audit" means an independent appraisal
activity within an agency for the review of operations as a
service to management, including a systematic examination
of accounting and fiscal controls to assure that human and
material resources are guarded against waste, loss, or misuse;
[Title 43 RCW—page 395]
43.88.020
Title 43 RCW: State Government—Executive
and that reliable data are gathered, maintained, and fairly
disclosed in a written report of the audit findings.
(27) "Performance verification" means an analysis that
(a) verifies the accuracy of data used by state agencies in
quantifying intended results and measuring performance
toward those results, and (b) verifies whether or not the
reported results were achieved.
(28) "Performance audit" has the same meaning as it is
defined in RCW 44.28.005. [2000 2nd sp.s. c 4 § 11; 1996
c 288 § 23; 1995 c 155 § 1; 1994 c 184 § 9; 1993 c 406 §
2; 1991 c 358 § 6; 1990 c 229 § 4; 1987 c 502 § 1; 1986 c
215 § 2; 1984 c 138 § 6; 1982 1st ex.s. c 36 § 1. Prior:
1981 c 280 § 6; 1981 c 270 § 2; 1980 c 87 § 25; 1979 c 151
§ 135; 1975-’76 2nd ex.s. c 83 § 4; 1973 1st ex.s. c 100 §
2; 1969 ex.s. c 239 § 9; 1965 c 8 § 43.88.020; prior: 1959
c 328 § 2.]
Short title—1993 c 406: "This act may be known and cited as the
performance-based government act of 1993." [1993 c 406 § 7.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Effective date—1990 c 229: See note following RCW 41.06.087.
Effective date—1981 c 280: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 280 § 10.]
Severability—1981 c 280: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 280 § 9.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
Office of financial management: Chapter 43.41 RCW.
43.88.025 "Director" defined. Unless the context
clearly requires a different interpretation, whenever "director"
is used in this chapter, it shall mean the director of financial
management created in RCW 43.41.060. [1979 c 151 § 136;
1969 ex.s. c 239 § 10.]
43.88.027 Annual financial report. The governor,
through the director, shall prepare and publish within six
months of the end of the fiscal year, as a matter of public
record, an annual financial report that encompasses all funds
and account groups of the state. [1984 c 247 § 2.]
43.88.030 Instructions for submitting budget
requests—Content of the budget document or documents—Separate budget document or schedules—Format
changes. (1) The director of financial management shall
provide all agencies with a complete set of instructions for
submitting biennial budget requests to the director at least
three months before agency budget documents are due into
the office of financial management. The director shall
provide agencies and committees that are required under
RCW 44.40.070 to develop comprehensive six-year program
and financial plans with a complete set of instructions for
submitting these program and financial plans at the same
time that instructions for submitting other budget requests
are provided. The budget document or documents shall
consist of the governor’s budget message which shall be
explanatory of the budget and shall contain an outline of the
proposed financial policies of the state for the ensuing fiscal
period, as well as an outline of the proposed six-year
[Title 43 RCW—page 396]
financial policies where applicable, and shall describe in
connection therewith the important features of the budget.
The message shall set forth the reasons for salient changes
from the previous fiscal period in expenditure and revenue
items and shall explain any major changes in financial
policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in
respect to both current operations and capital improvements
as the governor shall deem to be useful to the legislature.
The budget document or documents shall set forth a proposal
for expenditures in the ensuing fiscal period, or six-year
period where applicable, based upon the estimated revenues
and caseloads as approved by the economic and revenue
forecast council and caseload forecast council or upon the
estimated revenues and caseloads of the office of financial
management for those funds, accounts, sources, and programs for which the forecast councils do not prepare an
official forecast, including those revenues anticipated to
support the six-year programs and financial plans under
RCW 44.40.070. In estimating revenues to support financial
plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the
transportation revenue forecast council. Revenues shall be
estimated for such fiscal period from the source and at the
rates existing by law at the time of submission of the budget
document, including the supplemental budgets submitted in
the even-numbered years of a biennium. However, the
estimated revenues and caseloads for use in the governor’s
budget document may be adjusted to reflect budgetary
revenue transfers and revenue and caseload estimates
dependent upon budgetary assumptions of enrollments,
workloads, and caseloads. All adjustments to the approved
estimated revenues and caseloads must be set forth in the
budget document. The governor may additionally submit, as
an appendix to each supplemental, biennial, or six-year
agency budget or to the budget document or documents, a
proposal for expenditures in the ensuing fiscal period from
revenue sources derived from proposed changes in existing
statutes.
Supplemental and biennial documents shall reflect a sixyear expenditure plan consistent with estimated revenues
from existing sources and at existing rates for those agencies
required to submit six-year program and financial plans
under RCW 44.40.070. Any additional revenue resulting
from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the
immediately past fiscal period, those received or anticipated
for the current fiscal period, those anticipated for the ensuing
biennium, and those anticipated for the ensuing six-year
period to support the six-year programs and financial plans
required under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the
legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues
and expenditures as the governor shall deem pertinent and
useful to the legislature;
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
(e) Tabulations showing expenditures classified by fund,
function, activity, and agency. However, documents submitted for the 2003-05 biennial budget request need not show
expenditures by activity;
(f) A delineation of each agency’s activities, including
those activities funded from nonbudgeted, nonappropriated
sources, including funds maintained outside the state treasury;
(g) Identification of all proposed direct expenditures to
implement the Puget Sound water quality plan under chapter
90.71 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment
by retirement system established after fiscal year 1991, to
include, but not be limited to, estimated total payments made
to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for
the ensuing biennium.
(2) The budget document or documents shall include
detailed estimates of all anticipated revenues applicable to
proposed operating or capital expenditures and shall also
include all proposed operating or capital expenditures. The
total of beginning undesignated fund balance and estimated
revenues less working capital and other reserves shall equal
or exceed the total of proposed applicable expenditures. The
budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the
state debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each
agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the
immediately past fiscal period and those anticipated for the
current biennium and next ensuing biennium, as well as
those required to support the six-year programs and financial
plans required under RCW 44.40.070;
(g) A showing and explanation of amounts of general
fund and other funds obligations for debt service and any
transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of
financing contracts for the lease/purchase or acquisition of
personal or real property for the current and ensuing fiscal
periods; and
(j) A showing and explanation of anticipated amounts of
general fund and other funds required to amortize the
unfunded actuarial accrued liability of the retirement system
specified under chapter 41.45 RCW, and the contributions to
meet such amortization, stated in total dollars and as a level
percentage of total compensation.
(3) A separate capital budget document or schedule shall
be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan
for the state that identifies and includes the highest priority
needs within affordable spending levels;
(b) A capital program consisting of proposed capital
projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range
facilities plan. Insomuch as is practical, and recognizing
(2002 Ed.)
43.88.030
emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously
submitted capital budget documents in order to provide a
reliable long-range planning tool for the legislature and state
agencies;
(c) A capital plan consisting of proposed capital
spending for at least four biennia succeeding the next
biennium;
(d) A strategic plan for reducing backlogs of maintenance and repair projects. The plan shall include a prioritized list of specific facility deficiencies and capital projects to
address the deficiencies for each agency, cost estimates for
each project, a schedule for completing projects over a
reasonable period of time, and identification of normal maintenance activities to reduce future backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the
provisions set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and
estimated life of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars,
estimated costs for the following project components:
Acquisition, consultant services, construction, equipment,
project management, and other costs included as part of the
project. Project component costs shall be displayed in a
standard format defined by the office of financial management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the
project as defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings
resulting from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state
agency for the acquisition of land or the capital improvement
of land in which the primary purpose of the acquisition or
improvement is recreation or wildlife habitat conservation,
the capital budget document, or an omnibus list of recreation
and habitat acquisitions provided with the governor’s budget
document, shall identify the projected costs of operation and
maintenance for at least the two biennia succeeding the next
biennium. Omnibus lists of habitat and recreation land
acquisitions shall include individual project cost estimates for
operation and maintenance as well as a total for all state
projects included in the list. The document shall identify the
source of funds from which the operation and maintenance
costs are proposed to be funded;
(q) Such other information bearing upon capital projects
as the governor deems to be useful;
(r) Standard terms, including a standard and uniform
definition of normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct
by law or concurrent resolution.
For purposes of this subsection (3), the term "capital
project" shall be defined subsequent to the analysis, findings,
and recommendations of a joint committee comprised of
representatives from the house capital appropriations committee, senate ways and means committee, legislative trans[Title 43 RCW—page 397]
43.88.030
Title 43 RCW: State Government—Executive
portation committee, legislative evaluation and accountability
program committee, and office of financial management.
(4) No change affecting the comparability of agency or
program information relating to expenditures, revenues,
workload, performance and personnel shall be made in the
format of any budget document or report presented to the
legislature under this section or RCW 43.88.160(1) relative
to the format of the budget document or report which was
presented to the previous regular session of the legislature
during an odd-numbered year without prior legislative
concurrence. Prior legislative concurrence shall consist of
(a) a favorable majority vote on the proposal by the standing
committees on ways and means of both houses if the
legislature is in session or (b) a favorable majority vote on
the proposal by members of the legislative evaluation and
accountability program committee if the legislature is not in
session. [2002 c 371 § 911; 2000 2nd sp.s. c 4 § 12; 1998
c 346 § 910. Prior: 1997 c 168 § 5; 1997 c 96 § 4; prior:
1994 c 247 § 7; 1994 c 219 § 2; prior: 1991 c 358 § 1;
1991 c 284 § 1; 1990 c 115 § 1; prior: 1989 c 311 § 3;
1989 c 11 § 18; 1987 c 502 § 2; prior: 1986 c 215 § 3;
1986 c 112 § 1; 1984 c 138 § 7; 1981 c 270 § 3; 1980 c 87
§ 26; 1977 ex.s. c 247 § 1; 1973 1st ex.s. c 100 § 3; 1965
c 8 § 43.88.030; prior: 1959 c 328 § 3.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Effective date—1997 c 168: See RCW 43.88C.900.
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Effective date—1994 c 247: See note following RCW 41.32.4991.
Finding—1994 c 219: "The legislature finds that the acquisition,
construction, and management of state-owned and leased facilities has a
profound and long-range effect upon the delivery and cost of state
programs, and that there is an increasing need for better facility planning
and management to improve the effectiveness and efficiency of state
facilities." [1994 c 219 § 1.]
Effective date—1991 c 358: "This act shall take effect April 1,
1992." [1991 c 358 § 8.]
Severability—1989 c 11: See note following RCW 9A.56.220.
43.88.0301 Capital budget instructions—Additional
information—Staff support from department of community, trade, and economic development. (1) The office of
financial management must include in its capital budget
instructions, beginning with its instructions for the 2003-05
capital budget, a request for "yes" or "no" answers for the
following additional informational questions from capital
budget applicants for all proposed major capital construction
projects valued over five million dollars and required to
complete a predesign:
(a) For proposed capital projects identified in this
subsection that are located in or serving city or county
planning under RCW 36.70A.040:
(i) Whether the proposed capital project is identified in
the host city or county comprehensive plan, including the
capital facility plan, and implementing rules adopted under
chapter 36.70A RCW;
(ii) Whether the proposed capital project is located
within an adopted urban growth area:
[Title 43 RCW—page 398]
(A) If at all located within an adopted urban growth
area boundary, whether a project facilitates, accommodates,
or attracts planned population and employment growth;
(B) If at all located outside an urban growth area
boundary, whether the proposed capital project may create
pressures for additional development;
(b) For proposed capital projects identified in this
subsection that are requesting state funding:
(i) Whether there was regional coordination during
project development;
(ii) Whether local and additional funds were leveraged;
(iii) Whether environmental outcomes and the reduction
of adverse environmental impacts were examined.
(2) For projects subject to subsection (1) of this section,
the office of financial management shall request the required
information be provided during the predesign process of
major capital construction projects to reduce long-term costs
and increase process efficiency.
(3) The office of financial management, in fulfilling its
duties under RCW 43.88.030(3) to create a capital budget
document, must take into account information gathered under
subsections (1) and (2) of this section in an effort to promote
state capital facility expenditures that minimize unplanned or
uncoordinated infrastructure and development costs, support
economic and quality of life benefits for existing communities, and support local government planning efforts.
(4) The office of community development must provide
staff support to the office of financial management and
affected capital budget applicants to help collect data
required by subsections (1) and (2) of this section. [2002 c
312 § 1.]
43.88.031 Capital appropriation bill—Estimated
general fund debt service costs. A capital appropriation
bill shall include the estimated general fund debt service
costs associated with new capital appropriations contained in
that bill for the biennia in which the appropriations occur
and for the succeeding two biennia. [1991 c 284 § 2.]
43.88.032 Maintenance costs, operating budget—
Debt-financed pass-through money, budget document.
(1) Normal maintenance costs shall be programmed in the
operating budget rather than in the capital budget.
(2) All debt-financed pass-through money to local
governments shall be programmed and separately identified
in the budget document. [1997 c 96 § 5; 1994 c 219 § 4;
1989 c 311 § 1.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
43.88.033 State expenditure limit—Budget document to reflect. The budget document submitted by the
governor to the legislature under RCW 43.88.030 shall
reflect the state expenditure limit established under chapter
43.135 RCW and shall not propose expenditures in excess of
that limit. [1994 c 2 § 7 (Initiative Measure No. 601,
approved November 2, 1993).]
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
43.88.035 Changes in accounting methods, practices
or statutes—Explanation in budget document or appendix required—Contents. Any changes in accounting
methods and practices or in statutes affecting expenditures or
revenues for the ensuing biennium relative to the then
current fiscal period which the governor may wish to
recommend shall be clearly and completely explained in the
text of the budget document, in a special appendix thereto,
or in an alternative budget document. This explanatory
material shall include, but need not be limited to, estimates
of revenues and expenditures based on the same accounting
practices and methods and existing statutes relating to
revenues and expenditure effective for the then current fiscal
period, together with alternative estimates required by any
changes in accounting methods and practices and by any
statutory changes the governor may wish to recommend.
[1973 1st ex.s. c 100 § 9.]
43.88.037 Comprehensive budgeting, accounting,
and reporting system conforming to generally accepted
accounting principles—Budget document to conform. (1)
The director of financial management shall devise and
maintain a comprehensive budgeting, accounting, and
reporting system in conformance with generally accepted
accounting principles applicable to state governments, as
published in the accounting procedures manual pursuant to
RCW 43.88.160(1).
(2) The director of financial management shall submit
a budget document in conformance with generally accepted
accounting principles applicable to state governments, as
published in the accounting procedures manual pursuant to
RCW 43.88.160(1). [1987 c 502 § 3; 1984 c 247 § 1.]
43.88.050 Cash deficit. Cash deficit of the current
fiscal period is defined for purposes of this chapter as the
amount by which the aggregate of disbursements charged to
a fund will exceed the aggregate of estimated receipts
credited to such fund in the current fiscal period, less the
extent to which such deficit may have been provided for
from available beginning cash surplus.
If, for any applicable fund or account, the estimated
receipts for the next ensuing period plus cash beginning
balances is less than the aggregate of estimated disbursements proposed by the governor for the next ensuing fiscal
period, the governor shall include in Part I of the budget
document proposals as to the manner in which the anticipated cash deficit shall be met, whether by an increase in the
indebtedness of the state, by the imposition of new taxes, by
increases in tax rates or an extension thereof, or in any like
manner. The governor may propose orderly liquidation of
the anticipated cash deficit over a period of one or more
fiscal periods, if, in the governor’s discretion, such manner
of liquidation would best serve the public interest. [1987 c
502 § 4; 1965 c 8 § 43.88.050. Prior: 1959 c 328 § 5.]
Exception: RCW 43.88.265.
43.88.060 Legislative review of budget document
and budget bill or bills—Time for submission. The
governor shall submit the budget document for the 1975-77
biennium and each succeeding biennium to the legislature no
later than the twentieth day of December in the year preced(2002 Ed.)
43.88.035
ing the session during which the budget is to be considered:
PROVIDED, That where a budget document is submitted for
a fiscal period other than a biennium, such document shall
be submitted no less than twenty days prior to the first day
of the session at which such budget document is to be
considered. The governor shall also submit a budget bill or
bills which for purposes of this chapter is defined to mean
the appropriations proposed by the governor as set forth in
the budget document. Such representatives of agencies as
have been designated by the governor for this purpose shall,
when requested, by either house of the legislature, appear to
be heard with respect to the budget document and the budget
bill or bills and to supply such additional information as may
be required. [1977 ex.s. c 247 § 2; 1973 1st ex.s. c 100 §
4; 1965 c 8 § 43.88.060. Prior: 1959 c 328 § 6.]
43.88.067 Fee and expense report—Impact of
amounts awarded to prevailing party in agency action.
The office of financial management shall create a report
annually on the amount of fees and other expenses awarded
during the preceding fiscal year pursuant to RCW 4.84.340
through 4.84.360. The report shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and other relevant information that may aid the
legislature in evaluating the scope and impact of the awards.
[1999 c 372 § 10; 1995 c 403 § 905.]
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.88.070 Appropriations. Appropriations shall be
deemed maximum authorizations to incur expenditures but
the governor shall exercise all due supervision and control to
ensure that expenditure rates are such that program objectives are realized within these maximums. [1965 c 8 §
43.88.070. Prior: 1959 c 328 § 7.]
43.88.080 Adoption of budget. Adoption of the
omnibus appropriation bill or bills by the legislature shall
constitute adoption of the budget and the making of appropriations therefor. A budget for state government shall be
finally adopted not later than thirty calendar days prior to the
beginning of the ensuing biennium. [1973 1st ex.s. c 100 §
5; 1965 c 8 § 43.88.080. Prior: 1959 c 328 § 8.]
43.88.090 Development of budget—Detailed estimates—Mission statement, measurable goals, program
objectives—Integration of strategic plans and performance assessment procedures—Governor-elect input. (1)
For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the
governor’s duty, to require from proper agency officials such
detailed estimates and other information in such form and at
such times as the governor shall direct. The estimates for
the legislature and the judiciary shall be transmitted to the
governor and shall be included in the budget without revision. The estimates for state pension contributions shall be
based on the rates provided in chapter 41.45 RCW. Copies
of all such estimates shall be transmitted to the standing
[Title 43 RCW—page 399]
43.88.090
Title 43 RCW: State Government—Executive
committees on ways and means of the house and senate at
the same time as they are filed with the governor and the
office of financial management.
The estimates shall include statements or tables which
indicate, by agency, the state funds which are required for
the receipt of federal matching revenues. The estimates shall
be revised as necessary to reflect legislative enactments and
adopted appropriations and shall be included with the initial
biennial allotment submitted under RCW 43.88.110. The
estimates must reflect that the agency considered any
alternatives to reduce costs or improve service delivery
identified in the findings of a performance audit of the agency by the joint legislative audit and review committee.
Nothing in this subsection requires performance audit
findings to be published as part of the budget.
(2) Each state agency shall define its mission and
establish measurable goals for achieving desirable results for
those who receive its services and the taxpayers who pay for
those services. Each agency shall also develop clear
strategies and timelines to achieve its goals. This section
does not require an agency to develop a new mission or
goals in place of identifiable missions or goals that meet the
intent of this section. The mission and goals of each agency
must conform to statutory direction and limitations.
(3) For the purpose of assessing program performance,
each state agency shall establish program objectives for each
major program in its budget. The objectives must be
consistent with the missions and goals developed under this
section. The objectives must be expressed to the extent
practicable in outcome-based, objective, and measurable
form unless an exception to adopt a different standard is
granted by the office of financial management and approved
by the legislative committee on performance review. The
office of financial management shall provide necessary
professional and technical assistance to assist state agencies
in the development of strategic plans that include the mission
of the agency and its programs, measurable goals, strategies,
and performance measurement systems.
(4) Each state agency shall adopt procedures for
continuous self-assessment of each program and activity,
using the mission, goals, objectives, and measurements required under subsections (2) and (3) of this section.
(5) It is the policy of the legislature that each agency’s
budget proposals must be directly linked to the agency’s
stated mission and program goals and objectives. Consistent
with this policy, agency budget proposals must include
integration of performance measures that allow objective determination of a program’s success in achieving its goals.
The office of financial management shall develop a plan to
merge the budget development process with agency performance assessment procedures. The plan must include a
schedule to integrate agency strategic plans and performance
measures into agency budget requests and the governor’s
budget proposal over three fiscal biennia. The plan must
identify those agencies that will implement the revised
budget process in the 1997-1999 biennium, the 1999-2001
biennium, and the 2001-2003 biennium. In consultation with
the legislative fiscal committees, the office of financial
management shall recommend statutory and procedural
modifications to the state’s budget, accounting, and reporting
systems to facilitate the performance assessment procedures
and the merger of those procedures with the state budget
[Title 43 RCW—page 400]
process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal
committees by September 30, 1996.
(6) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect’s
designee to attend all hearings provided in RCW 43.88.100;
and the governor shall furnish the governor-elect or the
governor-elect’s designee with such information as will
enable the governor-elect or the governor-elect’s designee to
gain an understanding of the state’s budget requirements.
The governor-elect or the governor-elect’s designee may ask
such questions during the hearings and require such information as the governor-elect or the governor-elect’s designee
deems necessary and may make recommendations in
connection with any item of the budget which, with the governor-elect’s reasons therefor, shall be presented to the
legislature in writing with the budget document. Copies of
all such estimates and other required information shall also
be submitted to the standing committees on ways and means
of the house and senate. [1997 c 372 § 1; 1996 c 317 § 10;
1994 c 184 § 10; 1993 c 406 § 3; 1989 c 273 § 26; 1987 c
505 § 35; 1984 c 247 § 3; 1981 c 270 § 4; 1979 c 151 §
137; 1975 1st ex.s. c 293 § 5; 1973 1st ex.s. c 100 § 6; 1965
c 8 § 43.88.090. Prior: 1959 c 328 § 9.]
Short title—1993 c 406: See note following RCW 43.88.020.
Severability—1989 c 273: See RCW 41.45.900.
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
43.88.093 Development of budget—Tourism development division, department of community, trade, and
economic development. (Expires June 30, 2008.) (1)
When developing a biennial budget for the tourism development division of the department of community, trade, and
economic development, the request for funding submitted to
the office of financial management shall be calculated
according to the formula in RCW 43.88.094. The request
shall be a specific designated amount in the budget request
for the department of community, trade, and economic
development.
(2) This section expires June 30, 2008. [1998 c 299 §
3.]
Intent—1998 c 299: "It is the intent of this act to provide for
predictable and stable funding for tourism development activities of the state
of Washington by establishing funding levels based on proven performance
and return on state funds invested in tourism development and to establish
a tourism development advisory committee." [1998 c 299 § 1.]
Effective date—1998 c 299: "This act takes effect July 1, 1998."
[1998 c 299 § 6.]
43.88.094 Development of budget—Calculation—
Tourism development division, department of community, trade, and economic development. (Expires June 30,
2008.) (1) The budget amount designated in RCW
43.88.093(1) is the sum of the base amount and the growth
component as calculated under subsection (2) of this section.
(2) The director of the department of community, trade,
and economic development shall calculate the tourism
development division budget in consultation with the
appropriate agencies in the following manner:
(a) The base amount, beginning in the budget for the
biennium ending June 30, 2001, and for each subsequent
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
biennium thereafter, equals the previous biennial budget,
including any supplemental allocations and any growth
component amounts from previous biennia.
(b) For the growth component, beginning in the budget
for the biennium ending June 30, 2001: (i) Compute the
state retail sales tax revenues for the target business categories for the calendar year two years prior to the beginning of
the biennium for which the budget request will be made; (ii)
compute the state retail sales tax revenues for the target
business categories for the calendar year four years prior to
the beginning of the biennium for which the budget request
will be made; (iii) calculate the percentage change in these
two sales tax revenue amounts; (iv) if the percentage exceeds
eight percent growth, calculate the amount of sales tax
revenue that represents the excess in revenue growth greater
than six percent; and (v) calculate the growth component by
dividing the excess revenue growth by two. The amount of
the growth component for any biennium shall not exceed
two million dollars per fiscal year for the biennium.
(3) As used in this section:
(a) "Target business categories" means businesses in
standard industrial classification codes 58 (eating and
drinking), 70 (lodging), 7514 (auto rental), and 79 (recreation). If at any time the United States office of management and budget or a successor agency should change or
replace the present standard industrial classification code
system, the department of community, trade, and economic
development shall use the code system issued by the office
of management and budget or its successor agency to
determine codes corresponding to those listed in this definition.
(b) "Retail sales" means the gross sales subject to the
tax imposed in chapter 82.08 RCW received by businesses
identified in department of revenue records by standard
industrial classification codes 58, 70, 7514, and 79.
(4) This section expires June 30, 2008. [1998 c 299 §
4.]
Intent—Effective date—1998 c 299: See notes following RCW
43.88.093.
43.88.100 Executive hearings. The governor may
provide for hearings on all agency requests for expenditures
to enable him to make determinations as to the need, value
or usefulness of activities or programs requested by agencies.
The governor may require the attendance of proper agency
officials at his hearings and it shall be their duty to disclose
such information as may be required to enable the governor
to arrive at his final determination. [1965 c 8 § 43.88.100.
Prior: 1959 c 328 § 10.]
43.88.110 Expenditure programs—Maintenance
summary reports—Allotments—Reserves—Monitor
capital appropriations—Predesign review for major
capital construction. This section sets forth the expenditure
programs and the allotment and reserve procedures to be
followed by the executive branch for public funds.
(1) Allotments of an appropriation for any fiscal period
shall conform to the terms, limits, or conditions of the
appropriation.
(2) The director of financial management shall provide
all agencies with a complete set of operating and capital
(2002 Ed.)
43.88.094
instructions for preparing a statement of proposed expenditures at least thirty days before the beginning of a fiscal
period. The set of instructions need not include specific
appropriation amounts for the agency.
(3) Within forty-five days after the beginning of the
fiscal period or within forty-five days after the governor
signs the omnibus biennial appropriations act, whichever is
later, all agencies shall submit to the governor a statement of
proposed expenditures at such times and in such form as
may be required by the governor.
(4) The office of financial management shall develop a
method for monitoring capital appropriations and expenditures that will capture at least the following elements:
(a) Appropriations made for capital projects including
transportation projects;
(b) Estimates of total project costs including past,
current, ensuing, and future biennial costs;
(c) Comparisons of actual costs to estimated costs;
(d) Comparisons of estimated construction start and
completion dates with actual dates;
(e) Documentation of fund shifts between projects.
This data may be incorporated into the existing accounting system or into a separate project management system, as
deemed appropriate by the office of financial management.
(5) The office of financial management shall publish
agency annual maintenance summary reports beginning in
October 1997. State agencies shall submit a separate report
for each major campus or site, as defined by the office of
financial management. Reports shall be prepared in a format
prescribed by the office of financial management and shall
include, but not be limited to: Information describing the
number, size, and condition of state-owned facilities; facility
maintenance, repair, and operating expenses paid from the
state operating and capital budgets, including maintenance
staffing levels; the condition of major infrastructure systems;
and maintenance management initiatives undertaken by the
agency over the prior year. Agencies shall submit their
annual maintenance summary reports to the office of
financial management by September 1 each year.
(6) The office of financial management, prior to
approving allotments for major capital construction projects
valued over five million dollars, shall institute procedures for
reviewing such projects at the predesign stage that will
reduce long-term costs and increase facility efficiency. The
procedures shall include, but not be limited to, the following
elements:
(a) Evaluation of facility program requirements and
consistency with long-range plans;
(b) Utilization of a system of cost, quality, and performance standards to compare major capital construction
projects; and
(c) A requirement to incorporate value-engineering
analysis and constructability review into the project schedule.
(7) No expenditure may be incurred or obligation
entered into for such major capital construction projects
including, without exception, land acquisition, site development, predesign, design, construction, and equipment
acquisition and installation, until the allotment of the funds
to be expended has been approved by the office of financial
management. This limitation does not prohibit the continuation of expenditures and obligations into the succeeding
[Title 43 RCW—page 401]
43.88.110
Title 43 RCW: State Government—Executive
biennium for projects for which allotments have been
approved in the immediate prior biennium.
(8) If at any time during the fiscal period the governor
projects a cash deficit in a particular fund or account as
defined by RCW 43.88.050, the governor shall make acrossthe-board reductions in allotments for that particular fund or
account so as to prevent a cash deficit, unless the legislature
has directed the liquidation of the cash deficit over one or
more fiscal periods. Except for the legislative and judicial
branches and other agencies headed by elective officials, the
governor shall review the statement of proposed operating
expenditures for reasonableness and conformance with legislative intent. Once the governor approves the statements
of proposed operating expenditures, further revisions shall be
made only at the beginning of the second fiscal year and
must be initiated by the governor. However, changes in
appropriation level authorized by the legislature, changes
required by across-the-board reductions mandated by the
governor, changes caused by executive increases to spending
authority, and changes caused by executive decreases to
spending authority for failure to comply with the provisions
of chapter 36.70A RCW may require additional revisions.
Revisions shall not be made retroactively. Revisions caused
by executive increases to spending authority shall not be
made after June 30, 1987. However, the governor may
assign to a reserve status any portion of an agency appropriation withheld as part of across-the-board reductions made
by the governor and any portion of an agency appropriation
conditioned on a contingent event by the appropriations act.
The governor may remove these amounts from reserve status
if the across-the-board reductions are subsequently modified
or if the contingent event occurs. The director of financial
management shall enter approved statements of proposed
expenditures into the state budgeting, accounting, and
reporting system within forty-five days after receipt of the
proposed statements from the agencies. If an agency or the
director of financial management is unable to meet these requirements, the director of financial management shall
provide a timely explanation in writing to the legislative
fiscal committees.
(9) It is expressly provided that all agencies shall be
required to maintain accounting records and to report thereon
in the manner prescribed in this chapter and under the
regulations issued pursuant to this chapter. Within ninety
days of the end of the fiscal year, all agencies shall submit
to the director of financial management their final adjustments to close their books for the fiscal year. Prior to
submitting fiscal data, written or oral, to committees of the
legislature, it is the responsibility of the agency submitting
the data to reconcile it with the budget and accounting data
reported by the agency to the director of financial management.
(10) The director of financial management shall monitor
agency operating expenditures against the approved statement of proposed expenditures and shall provide the legislature with quarterly explanations of major variances.
(11) The director of financial management may exempt
certain public funds from the allotment controls established
under this chapter if it is not practical or necessary to allot
the funds. Allotment control exemptions expire at the end
of the fiscal biennium for which they are granted. The
director of financial management shall report any exemptions
[Title 43 RCW—page 402]
granted under this subsection to the legislative fiscal committees. [1997 c 96 § 6; 1994 c 219 § 5. Prior: 1991 sp.s. c
32 § 27; 1991 c 358 § 2; 1987 c 502 § 5; 1986 c 215 § 4;
1984 c 138 § 8; 1983 1st ex.s. c 47 § 1; 1982 2nd ex.s. c 15
§ 1; 1981 c 270 § 5; 1979 c 151 § 138; 1975 1st ex.s. c 293
§ 6; 1965 c 8 § 43.88.110; prior: 1959 c 328 § 11.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective date—1991 c 358: See note following RCW 43.88.030.
Severability—1982 2nd ex.s. c 15: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1982 2nd ex.s. c 15 § 5.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
Exception: RCW 43.88.265.
43.88.120 Revenue estimates. Each agency engaged
in the collection of revenues shall prepare estimated revenues
and estimated receipts for the current and ensuing biennium
and shall submit the estimates to the director of financial
management and the director of revenue at times and in the
form specified by the directors, along with any other
information which the directors may request. For those
agencies required to develop six-year programs and financial
plans under RCW 44.40.070, six-year revenue estimates shall
be submitted to the director of financial management and the
transportation committees of the senate and the house of
representatives unless the responsibility for reporting these
revenue estimates is assumed elsewhere.
A copy of such revenue estimates shall be simultaneously submitted to the economic and revenue forecast work
group when required by the office of the economic and
revenue forecast council. [2000 2nd sp.s. c 4 § 13; 1991 c
358 § 3; 1987 c 502 § 6; 1984 c 138 § 10; 1981 c 270 § 8;
1973 1st ex.s. c 100 § 7; 1965 c 8 § 43.88.120. Prior: 1959
c 328 § 12.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
43.88.122 Transportation agency revenue forecasts—Variances. Where there are variances of revenue
forecasts between the office of financial management and the
transportation revenue forecast council, for those transportation agencies that are required to develop plans under RCW
44.40.070, the office of financial management shall submit
(1) a reconciliation of the differences between the revenue
forecasts and (2) the assumptions used by the office of
financial management to the transportation committees of the
senate and the house of representatives. [2000 2nd sp.s. c 4
§ 14; 1991 c 358 § 7.]
Effective date—1991 c 358: See note following RCW 43.88.030.
43.88.130 When contracts and expenditures prohibited. No agency shall expend or contract to expend any
money or incur any liability in excess of the amounts
appropriated for that purpose: PROVIDED, That nothing in
this section shall prevent the making of contracts or the
spending of money for capital improvements, nor the making
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
of contracts of lease or for service for a period exceeding the
fiscal period in which such contract is made, when such
contract is permitted by law. Any contract made in violation
of this section shall be null and void. [1965 c 8 §
43.88.130. Prior: 1959 c 328 § 13.]
43.88.140 Lapsing of appropriations. All appropriations shall lapse at the end of the fiscal period for which the
appropriations are made to the extent that they have not been
expended or lawfully obligated. [1981 c 270 § 9; 1965 c 8
§ 43.88.140. Prior: 1959 c 328 § 14.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
43.88.145 Capital projects—Transfer of excess
appropriation authority. (1) The capital appropriations act
may authorize the governor, through the director of financial
management, to transfer the appropriation authority for a
capital project that is in excess of the amount required for
the completion of the project to another capital project for
which the appropriation is insufficient.
(a) No such transfer may be used to expand the capacity
or change the intended use of the project beyond that
intended by the legislature in making the appropriation.
(b) The transfer may be effected only between capital
projects within a specific department, commission, agency,
or institution of higher education.
(c) The transfer may be effected only if the project from
which the transfer of funds is made is substantially complete
and there are funds remaining, or bids have been let on the
project from which the transfer of funds is made and it
appears to a substantial certainty that the project can be
completed within the biennium for less than the amount
appropriated.
(2) For the purposes of this section, the legislature
intends that each project be defined as proposed to the
legislature in the governor’s budget document, unless the
legislative history demonstrates that the legislature intended
to define the scope of a project in a different way.
(3) The office of financial management shall notify the
legislative fiscal committees of the senate and the house of
representatives at least thirty days before any transfer is
effected under this section except emergency projects or any
transfer under two hundred fifty thousand dollars, and shall
prepare a report to such committees listing all completed
transfers at the close of each fiscal year. [1994 c 219 § 6.]
Finding—1994 c 219: See note following RCW 43.88.030.
43.88.150 Priority of expenditures—Appropriated
and nonappropriated funds—Matching funds, disburse
state moneys proportionally. (1) For those agencies that
make expenditures from both appropriated and
nonappropriated funds for the same purpose, the governor
shall direct such agencies to charge their expenditures in
such ratio, as between appropriated and nonappropriated
funds, as will conserve appropriated funds. This subsection
does not apply to institutions of higher education, as defined
in RCW 28B.10.016.
(2) Unless otherwise provided by law, if state moneys
are appropriated for a capital project and matching funds or
other contributions are required as a condition of the receipt
(2002 Ed.)
43.88.130
of the state moneys, the state moneys shall be disbursed in
proportion to and only to the extent that the matching funds
or other contributions have been received and are available
for expenditure.
(3) The office of financial management shall adopt
guidelines for the implementation of this section. The
guidelines may account for federal matching requirements or
other requirements to spend other moneys in a particular
manner. [1995 c 6 § 1; 1991 c 284 § 3; 1981 c 270 § 10;
1965 c 8 § 43.88.150. Prior: 1959 c 328 § 15.]
Effective date—1995 c 6: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 12, 1995]." [1995 c 6 § 2.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
43.88.155 Office of financial management. See
chapter 43.41 RCW.
43.88.160 Fiscal management—Powers and duties
of officers and agencies. This section sets forth the major
fiscal duties and responsibilities of officers and agencies of
the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control,
including efficient accounting and reporting therefor, for the
executive branch of the state government and may include,
in addition, such requirements as will generally promote
more efficient public management in the state.
(1) Governor; director of financial management. The
governor, through the director of financial management, shall
devise and supervise a modern and complete accounting
system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically
accounted for. The accounting system shall include the
development of accurate, timely records and reports of all
financial affairs of the state. The system shall also provide
for central accounts in the office of financial management at
the level of detail deemed necessary by the director to
perform central financial management. The director of
financial management shall adopt and periodically update an
accounting procedures manual. Any agency maintaining its
own accounting and reporting system shall comply with the
updated accounting procedures manual and the rules of the
director adopted under this chapter. An agency may receive
a waiver from complying with this requirement if the waiver
is approved by the director. Waivers expire at the end of the
fiscal biennium for which they are granted. The director
shall forward notice of waivers granted to the appropriate
legislative fiscal committees. The director of financial
management may require such financial, statistical, and other
reports as the director deems necessary from all agencies
covering any period.
(2) Except as provided in chapter 43.88C RCW, the
director of financial management is responsible for quarterly
reporting of primary operating budget drivers such as
applicable workloads, caseload estimates, and appropriate
unit cost data. These reports shall be transmitted to the
legislative fiscal committees or by electronic means to the
legislative evaluation and accountability program committee.
[Title 43 RCW—page 403]
43.88.160
Title 43 RCW: State Government—Executive
Quarterly reports shall include actual monthly data and the
variance between actual and estimated data to date. The
reports shall also include estimates of these items for the
remainder of the budget period.
(3) The director of financial management shall report at
least annually to the appropriate legislative committees
regarding the status of all appropriated capital projects,
including transportation projects, showing significant cost
overruns or underruns. If funds are shifted from one project
to another, the office of financial management shall also
reflect this in the annual variance report. Once a project is
complete, the report shall provide a final summary showing
estimated start and completion dates of each project phase
compared to actual dates, estimated costs of each project
phase compared to actual costs, and whether or not there are
any outstanding liabilities or unsettled claims at the time of
completion.
(4) In addition, the director of financial management, as
agent of the governor, shall:
(a) Develop and maintain a system of internal controls
and internal audits comprising methods and procedures to be
adopted by each agency that will safeguard its assets, check
the accuracy and reliability of its accounting data, promote
operational efficiency, and encourage adherence to prescribed
managerial policies for accounting and financial controls.
The system developed by the director shall include criteria
for determining the scope and comprehensiveness of internal
controls required by classes of agencies, depending on the
level of resources at risk.
Each agency head or authorized designee shall be
assigned the responsibility and authority for establishing and
maintaining internal audits following the standards of
internal auditing of the institute of internal auditors;
(b) Make surveys and analyses of agencies with the
object of determining better methods and increased effectiveness in the use of manpower and materials; and the director
shall authorize expenditures for employee training to the end
that the state may benefit from training facilities made
available to state employees;
(c) Establish policies for allowing the contracting of
child care services;
(d) Report to the governor with regard to duplication of
effort or lack of coordination among agencies;
(e) Review any pay and classification plans, and
changes thereunder, developed by any agency for their fiscal
impact: PROVIDED, That none of the provisions of this
subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating
to the fixing of qualifications requirements for recruitment,
appointment, or promotion of employees of any agency. The
director shall advise and confer with agencies including
appropriate standing committees of the legislature as may be
designated by the speaker of the house and the president of
the senate regarding the fiscal impact of such plans and may
amend or alter the plans, except that for the following agencies no amendment or alteration of the plans may be made
without the approval of the agency concerned: Agencies
headed by elective officials;
(f) Fix the number and classes of positions or authorized
employee years of employment for each agency and during
the fiscal period amend the determinations previously fixed
by the director except that the director shall not be empow[Title 43 RCW—page 404]
ered to fix the number or the classes for the following:
Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a)
through (f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the
state not expressly required by law to be received, kept, and
disbursed by some other persons: PROVIDED, That this
subsection shall not apply to those public funds of the
institutions of higher learning which are not subject to
appropriation;
(b) Receive, disburse, or transfer public funds under the
treasurer’s supervision or custody;
(c) Keep a correct and current account of all moneys
received and disbursed by the treasurer, classified by fund or
account;
(d) Coordinate agencies’ acceptance and use of credit
cards and other payment methods, if the agencies have
received authorization under RCW 43.41.180;
(e) Perform such other duties as may be required by law
or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public
funds in the treasury except upon forms or by alternative
means duly prescribed by the director of financial management. These forms or alternative means shall provide for
authentication and certification by the agency head or the
agency head’s designee that the services have been rendered
or the materials have been furnished; or, in the case of loans
or grants, that the loans or grants are authorized by law; or,
in the case of payments for periodic maintenance services to
be performed on state owned equipment, that a written
contract for such periodic maintenance services is currently
in effect; and the treasurer shall not be liable under the
treasurer’s surety bond for erroneous or improper payments
so made. When services are lawfully paid for in advance of
full performance by any private individual or business entity
other than equipment maintenance providers or as provided
for by RCW 42.24.035, such individual or entity other than
central stores rendering such services shall make a cash
deposit or furnish surety bond coverage to the state as shall
be fixed in an amount by law, or if not fixed by law, then in
such amounts as shall be fixed by the director of the
department of general administration but in no case shall
such required cash deposit or surety bond be less than an
amount which will fully indemnify the state against any and
all losses on account of breach of promise to fully perform
such services. No payments shall be made in advance for
any equipment maintenance services to be performed more
than twelve months after such payment. Any such bond so
furnished shall be conditioned that the person, firm or
corporation receiving the advance payment will apply it
toward performance of the contract. The responsibility for
recovery of erroneous or improper payments made under this
section shall lie with the agency head or the agency head’s
designee in accordance with regulations issued pursuant to
this chapter. Nothing in this section shall be construed to
permit a public body to advance funds to a private service
provider pursuant to a grant or loan before services have
been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post
audits that have been made of the financial transactions of
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
each agency; to this end the auditor may, in the auditor’s
discretion, examine the books and accounts of any agency,
official, or employee charged with the receipt, custody, or
safekeeping of public funds. Where feasible in conducting
examinations, the auditor shall utilize data and findings from
the internal control system prescribed by the office of
financial management. The current post audit of each
agency may include a section on recommendations to the
legislature as provided in (c) of this subsection.
(b) Give information to the legislature, whenever
required, upon any subject relating to the financial affairs of
the state.
(c) Make the auditor’s official report on or before the
thirty-first of December which precedes the meeting of the
legislature. The report shall be for the last complete fiscal
period and shall include determinations as to whether
agencies, in making expenditures, complied with the laws of
this state. The state auditor is authorized to perform or
participate in performance verifications and performance
audits as expressly authorized by the legislature in the
omnibus biennial appropriations acts or in the performance
audit work plan approved by the joint legislative audit and
review committee. The state auditor, upon completing an
audit for legal and financial compliance under chapter 43.09
RCW or a performance verification, may report to the joint
legislative audit and review committee or other appropriate
committees of the legislature, in a manner prescribed by the
joint legislative audit and review committee, on facts relating
to the management or performance of governmental programs where such facts are discovered incidental to the legal
and financial audit or performance verification. The auditor
may make such a report to a legislative committee only if
the auditor has determined that the agency has been given an
opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes
a report to a legislative committee, the agency may submit
to the committee a response to the report. This subsection
(6) shall not be construed to authorize the auditor to allocate
other than de minimis resources to performance audits except
as expressly authorized in the appropriations acts or in the
performance audit work plan. The results of a performance
audit conducted by the state auditor that has been requested
by the joint legislative audit and review committee must only
be transmitted to the joint legislative audit and review
committee.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take
exception to other practices related in any way to the
agency’s financial transactions and to cause such exceptions
to be made a matter of public record, including disclosure to
the agency concerned and to the director of financial
management. It shall be the duty of the director of financial
management to cause corrective action to be taken within six
months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The
director of financial management shall annually report by
December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the
attorney general. The director of financial management shall
include in the audit resolution report actions taken as a result
of an audit including, but not limited to, types of personnel
(2002 Ed.)
43.88.160
actions, costs and types of litigation, and value of recouped
goods or services.
(e) Promptly report any irregularities to the attorney
general.
(f) Investigate improper governmental activity under
chapter 42.40 RCW.
(7) The joint legislative audit and review committee
may:
(a) Make post audits of the financial transactions of any
agency and management surveys and program reviews as
provided for in chapter 44.28 RCW as well as performance
audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts,
and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative
committee whenever required upon any subject relating to
the performance and management of state agencies.
(c) Make a report to the legislature which shall include
at least the following:
(i) Determinations as to the extent to which agencies in
making expenditures have complied with the will of the
legislature and in this connection, may take exception to
specific expenditures or financial practices of any agencies;
and
(ii) Such plans as it deems expedient for the support of
the state’s credit, for lessening expenditures, for promoting
frugality and economy in agency affairs, and generally for an
improved level of fiscal management. [2002 c 260 § 1;
1998 c 135 § 1; 1997 c 168 § 6; 1996 c 288 § 25; 1994 c
184 § 11. Prior: 1993 c 500 § 7; 1993 c 406 § 4; 1993 c
194 § 6; 1992 c 118 § 8; 1992 c 118 § 7; 1991 c 358 § 4;
prior: 1987 c 505 § 36; 1987 c 436 § 1; 1986 c 215 § 5;
1982 c 10 § 11; prior: 1981 c 280 § 7; 1981 c 270 § 11;
1979 c 151 § 139; 1975 1st ex.s. c 293 § 8; 1975 c 40 § 11;
1973 c 104 § 1; 1971 ex.s. c 170 § 4; 1967 ex.s. c 8 § 49;
1965 c 8 § 43.88.160; prior: 1959 c 328 § 16.]
Effective date—1997 c 168: See RCW 43.88C.900.
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
Short title—1993 c 406: See note following RCW 43.88.020.
Expiration date—1992 c 118 § 7: "Section 7 of this act shall expire
April 1, 1992." [1992 c 118 § 9.]
Effective date—1992 c 118 § 8: "Section 8 of this act shall take
effect April 1, 1992." [1992 c 118 § 10.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
Severability—1971 ex.s. c 170: See note following RCW 43.09.050.
Director of financial management: Chapter 43.41 RCW.
Joint legislative audit and review committee: Chapter 44.28 RCW.
Post-audit: RCW 43.09.290 through 43.09.330.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
State auditor, duties: Chapter 43.09 RCW.
State treasurer, duties: Chapter 43.08 RCW.
43.88.170 Refunds of erroneous or excessive
payments. Whenever any law which provides for the
collection of fees or other payment by an agency does not
authorize the refund of erroneous or excessive payments
thereof, refunds may be made or authorized by the agency
[Title 43 RCW—page 405]
43.88.170
Title 43 RCW: State Government—Executive
which collected the fees or payments of all such amounts
received by the agency in consequence of error, either of
fact or of law. The regulations issued by the governor
pursuant to this chapter shall prescribe the procedure to be
employed in making refunds. [1965 c 8 § 43.88.170. Prior:
1959 c 328 § 17.]
Refunds: RCW 43.01.072 through 43.01.075.
43.88.175 Credit reporting agencies—State agency
use. State agencies may report receivables to credit reporting agencies whenever the agency determines that such
reporting would be cost-effective and does not violate
confidentiality or other legal requirements. Within thirty-five
days after satisfaction of a debt reported to a credit reporting
agency, the state agency reporting the debt shall notify the
credit reporting agency that the debt has been satisfied.
[1991 c 85 § 1; 1989 c 100 § 1.]
43.88.180 When appropriations required or not
required. Appropriations shall not be required for refunds,
as provided in RCW 43.88.170, nor in the case of payments
other than for administrative expenses or capital improvements to be made from trust funds specifically created by
law to discharge awards, claims, annuities and other liabilities of the state. Said trust funds shall include, but shall not
be limited to, the accident fund, medical aid fund, retirement
system fund, Washington state patrol retirement fund and
unemployment trust fund. Appropriations may be required
in the case of public service enterprises defined for the
purposes of this section as proprietary functions conducted
by an agency of the state. An appropriation may be required
to permit payment of obligations by revolving funds, as
provided in RCW 43.88.190. [1973 1st ex.s. c 100 § 8;
1965 c 8 § 43.88.180. Prior: 1959 c 328 § 18.]
43.88.190 Revolving funds. Revolving funds shall
not be created by law except to finance the operations of
service units, or units set up to supply goods and services to
other units or agencies. Such service units where created
shall be self-supporting operations featuring continuous
turnover of working capital. The regulations issued by the
governor pursuant to this chapter shall prescribe the procedures to be employed by agencies in accounting and reporting for revolving funds and may provide for the keeping of
such funds in the custody of the treasurer. [1965 c 8 §
43.88.190. Prior: 1959 c 328 § 19.]
43.88.195 Establishment of accounts or funds
outside treasury without permission of director of
financial management prohibited. After August 11, 1969,
no state agency, state institution, state institution of higher
education, which shall include all state universities, regional
universities, The Evergreen State College, and community
colleges, shall establish any new accounts or funds which are
to be located outside of the state treasury: PROVIDED,
That the office of financial management shall be authorized
to grant permission for the establishment of such an account
or fund outside of the state treasury only when the requesting agency presents compelling reasons of economy and
efficiency which could not be achieved by placing such
funds in the state treasury. When the director of financial
[Title 43 RCW—page 406]
management authorizes the creation of such fund or account,
the director shall forthwith give written notice of the fact to
the standing committees on ways and means of the house
and senate: PROVIDED FURTHER, That agencies authorized to create local accounts will utilize the services of the
state treasurer’s office to ensure that new or ongoing
relationships with financial institutions are in concert with
statewide policies and procedures pursuant to RCW
43.88.160(1). [1996 c 186 § 509; 1993 c 500 § 8; 1991 c
201 § 19; 1979 c 151 § 140; 1977 ex.s. c 169 § 109; 1975
1st ex.s. c 293 § 9; 1969 ex.s. c 248 § 1.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Finding—Severability—Effective date—1993 c 500: See notes
following RCW 43.41.180.
Captions not law—Severability—1991 c 201: See RCW 39.35C.900
and 39.35C.901.
43.88.200 Public records. All agency records
reflecting financial transactions, such records being defined
for purposes of this chapter to mean books of account,
financial statements, and supporting records including
expense vouchers and other evidences of obligation, shall be
deemed to be public records and shall be available for public
inspection in the agency concerned during official working
hours. [1965 c 8 § 43.88.200. Prior: 1959 c 328 § 20.]
43.88.205 Federal funds and programs—
Participating agencies to give notice—Progress reports.
(1) Whenever an agency makes application, enters into a
contract or agreement, or submits state plans for participation
in, and for grants of federal funds under any federal law, the
agency making such application shall at the time of such
action, give notice in such form and manner as the director
of financial management may prescribe, or the chair of the
joint legislative audit and review committee, standing
committees on ways and means of the house and senate, the
chief clerk of the house, or the secretary of the senate may
request.
(2) Whenever any such application, contract, agreement,
or state plan is amended, such agency shall notify each such
officer of such action in the same manner as prescribed or
requested pursuant to subsection (1) of this section.
(3) Such agency shall promptly furnish such progress
reports in relation to each such application, contract, agreement, or state plan as may be requested following the date
of the filing of the application, contract, agreement, or state
plan; and shall also file with each such officer a final report
as to the final disposition of each such application, contract,
agreement, or state plan if such is requested. [1996 c 288 §
39; 1979 c 151 § 141; 1975 1st ex.s. c 293 § 10; 1973 2nd
ex.s. c 17 § 3; 1967 ex.s. c 41 § 4.]
Acceptance of funds by governor, administration: RCW 43.06.120,
43.06.130.
43.88.210 Transfer of certain powers and duties. It
is the intent of this chapter to assign to the governor’s office
authority for developing and maintaining a state budgeting,
accounting, and reporting system necessary for effective
expenditure and revenue control among agencies.
To this end:
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
(1) All powers and duties and functions of the state
auditor relating to the disbursement of public funds by
warrant or check are hereby transferred to the state treasurer
as the governor may direct but no later than ninety days after
the start of the next fiscal biennium, and the state auditor
shall deliver to the state treasurer all books, records, accounts, equipment, or other property relating to such function. In all cases where any question shall arise as to the
proper custody of any such books, records, accounts,
equipment or property, or pending business, the governor
shall determine the question;
(2) In all cases where reports, notices, certifications,
vouchers, disbursements and similar statements are now
required to be given to any agency the duties and responsibilities of which are being assigned or reassigned by this
chapter, the same shall be given to the agency or agencies in
the manner provided for in this chapter. [1986 c 215 § 6;
1965 c 8 § 43.88.210. Prior: 1959 c 328 § 21.]
43.88.220 Federal law controls in case of conflict—
Rules. If any part of this chapter shall be found to be in
conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state, such
conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict and with respect
to the agencies directly affected, and such finding or
determination shall not affect the operation of the remainder
of this chapter in its application to the agencies concerned.
The rules and regulations under this chapter shall meet federal requirements which are a necessary condition to the
receipt of federal funds by the state. [1965 c 8 § 43.88.220.
Prior: 1959 c 328 § 22.]
43.88.230 Legislative agencies and committees
deemed part of legislative branch. For the purposes of this
chapter, the statute law committee, the joint legislative audit
and review committee, the legislative transportation committee, the legislative evaluation and accountability program
committee, the office of state actuary, and all legislative
standing committees of both houses shall be deemed a part
of the legislative branch of state government. [1996 c 288
§ 40; 1981 c 270 § 12; 1975 1st ex.s. c 293 § 11; 1965 c 8
§ 43.88.230. Prior: 1959 c 328 § 23.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
43.88.240 Exemption of Washington state commodity commissions. Unless otherwise directed in the commodity commission enabling statute, this chapter shall not apply
to the Washington state commodity commissions created
either under separate statute or under the provisions of
chapters 15.65 and 15.66 RCW: PROVIDED, That all such
commissions shall submit estimates and such other necessary
information as may be required for the development of the
budget and shall also be subject to audit by the appropriate
state auditing agency or officer. [1995 c 374 § 60; 1981 c
225 § 3; 1965 c 8 § 43.88.240. Prior: 1959 c 328 § 24.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
(2002 Ed.)
43.88.210
43.88.250 Emergency expenditures. Whenever an
emergency shall arise necessitating an expenditure for the
preservation of peace, health or safety, or for the carrying on
of the necessary work required by law of any state agency
for which insufficient or no appropriations have been made,
the head of such agency shall submit to the governor,
duplicate copies of a sworn statement, setting forth the facts
constituting the emergency and the estimated amount of
money required therefor. If the governor approves such
estimate in whole or in part, the governor shall indorse on
each copy of the statement the governor’s approval, together
with a statement of the amount approved as an allocation
from any appropriation available for allocation for emergency purposes and transmit one copy to the head of the agency
thereby authorizing the emergency expenditures. [1975-’76
2nd ex.s. c 83 § 1.]
43.88.260 Deficiencies prohibited—Exceptions. (1)
It shall be unlawful for any agency head or disbursing
officer to incur any cash deficiency and any appointive
officer or employee violating the provisions of this section
shall be subject to summary removal.
(2) This section does not apply to:
(a) Temporary cash deficiencies resulting from disbursements under a expenditure plan approved under RCW
43.88.110.
(b) Temporary cash deficiencies authorized by the
director of financial management for funds and accounts in
the state treasury or in the custody of the state treasurer.
Each authorization under this subsection (b) shall distinctly
specify the fund or account for which a deficiency is
authorized, the maximum amount of cash deficiency which
may be incurred, and the maximum time period during
which the cash deficiency may continue. Each authorization
shall expire at the end of each fiscal biennium unless
renewed by the director of financial management. The
director of financial management shall report each authorization and renewal to the legislative fiscal committees.
(c) Temporary cash deficiencies in funds or accounts
which are neither in the state treasury, nor in the custody of
the treasurer, if the cash deficiency does not continue past
the end of the fiscal biennium.
(3) Nothing in this section permits the expenditure of
moneys in excess of an applicable appropriation. [1987 c
502 § 7; 1975-’76 2nd ex.s. c 83 § 2.]
43.88.265 Construction accounts—Exception to
certain accounting requirements. In order to comply with
the provisions of the federal tax reform act of 1986, construction accounts that receive bond proceeds are exempt
from RCW 43.88.050, 43.88.110, and 43.88.260 and may
incur seasonal cash deficits pending the sale of bonds or
bond anticipation notes subject to the following conditions:
(1) The respective account has unexpended appropriation authority.
(2) There are authorized unissued bonds available for
sale by the state finance committee under direction to deposit
the proceeds of the sale in the respective account.
(3) The bonds are of an amount that would remedy the
cash deficit if the bonds were sold. [1989 1st ex.s. c 14 §
18.]
[Title 43 RCW—page 407]
43.88.265
Title 43 RCW: State Government—Executive
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.88.270 Penalty for violations. Any officer or
employee violating, or wilfully refusing or failing to comply
with, any provision of this chapter shall be guilty of a
misdemeanor. [1975-’76 2nd ex.s. c 83 § 3.]
43.88.280 Fiscal responsibilities of state officers and
employees—"State officer or employee" defined. As used
in RCW 43.88.290 and 43.88.300 the term "state officer or
employee" includes the members of the governing body of
any state agency, as state agency is defined in RCW
43.88.020(4) and those generally known as executive
management but excludes nonsupervisory state employees
covered by civil service under chapters 41.06 and *28B.16
RCW. [1977 ex.s. c 320 § 1.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was
recodified as RCW 41.06.382. RCW 28B.16.015 and 41.06.382 were
subsequently repealed by 2002 c 354 § 403, effective July 1, 2005.
Effective date—1977 ex.s. c 320: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1977." [1977 ex.s. c 320 § 6.]
43.88.290 Fiscal responsibilities of state officers and
employees—Prohibitions relative to appropriations and
expenditures. No state officer or employee shall intentionally or negligently: Over-expend or over-encumber any
appropriation made by law; fail to properly account for any
expenditures by fund, program, or fiscal period; or expend
funds contrary to the terms, limits, or conditions of any
appropriation made by law. [1981 c 270 § 13; 1977 ex.s. c
320 § 2.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
Effective date—1977 ex.s. c 320: See note following RCW
43.88.280.
43.88.300 Fiscal responsibilities of state officers and
employees—Violations—Civil penalties—Forfeiture. (1)
Where there is reason to believe that a present or former
state officer or employee has violated or threatens to violate
RCW 43.88.290, the attorney general may initiate an
appropriate civil action for the enforcement of RCW
43.88.280 through 43.88.320 or to prevent any such violation. The action may be brought in the county where the
alleged violator resides, or the county where the violation is
alleged to have occurred or is threatened.
(2) For each violation of RCW 43.88.290 the attorney
general shall seek to recover and the court may award the
following damages on behalf of the state of Washington:
(a) From each person found in violation of RCW
43.88.290 a civil penalty in the amount of five hundred
dollars, or all costs, including reasonable attorney’s fees
incurred by the state in said action, whichever is greater;
(b) Any damages sustained by the state as a result of the
conduct constituting said violation.
In addition to the other penalties contained in this
section, judgment against any person, other than an elected
official, for violating RCW 43.88.290 may include a declara[Title 43 RCW—page 408]
tion of forfeiture of such person’s office or employment, to
take effect immediately. [1977 ex.s. c 320 § 3.]
Effective date—1977 ex.s. c 320: See note following RCW
43.88.280.
43.88.310 Fiscal responsibilities of state officers and
employees—Duties of legislative auditor, attorney general.
(1) The legislative auditor of the office of the joint legislative audit and review committee, with the concurrence of the
joint legislative audit and review committee, may file with
the attorney general any audit exceptions or other findings of
any performance audit, management study, or special report
prepared for the joint legislative audit and review committee,
any standing or special committees of the house or senate,
or the entire legislature which indicate a violation of RCW
43.88.290, or any other act of malfeasance, misfeasance, or
nonfeasance on the part of any state officer or employee.
(2) The attorney general shall promptly review each
filing received from the legislative auditor and may act
thereon as provided in RCW 43.88.300, or any other applicable statute authorizing enforcement proceedings by the
attorney general. The attorney general shall advise the joint
legislative audit and review committee of the status of
exceptions or findings referred under this section. [1996 c
288 § 41; 1993 c 157 § 1; 1977 ex.s. c 320 § 4.]
Effective date—1977 ex.s. c 320: See note following RCW
43.88.280.
43.88.320 Fiscal responsibilities of state officers and
employees—Civil penalties additional to other penalties.
The civil penalties provided by RCW 43.88.280 through
43.88.320 are in addition to any other penalties which may
be provided by law. [1977 ex.s. c 320 § 5.]
Effective date—1977 ex.s. c 320: See note following RCW
43.88.280.
43.88.350 Legal services revolving fund—General
administration services account—Approval of certain
changes required. Any rate increases proposed for or any
change in the method of calculating charges from the legal
services revolving fund or services provided in accordance
with RCW 43.01.090 or 43.19.500 in the general administration services account is subject to approval by the director
of financial management prior to implementation. [1998 c
105 § 16; 1981 c 270 § 14.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
General administration services account: RCW 43.19.500.
Legal services revolving fund: RCW 43.10.150.
43.88.500 State boards, commissions, councils, and
committees—Legislative finding and declaration. The
legislature finds that members of boards, commissions,
councils, and committees in state government make a
valuable contribution to the public welfare.
Nevertheless, the legislature also finds that the continued
proliferation of both statutory and nonstatutory groups of this
nature without effective, periodic review of existing groups
can result in wasteful duplication of effort, fragmentation of
administrative authority, lack of accountability, plus an
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
excessive and frequently hidden financial burden on the
state.
The legislature further finds that effective legislative
oversight and review of boards, commissions, councils, and
committees is frustrated by a lack of current and reliable
information on the status and activities of such groups.
The legislature declares that legislative oversight and
overall accountability in state government can be significantly improved by creating in the office of financial management a central clearinghouse for information on boards,
commissions, councils, and committees. [1979 c 151 § 142;
1977 c 23 § 1.]
Termination review: RCW 43.41.220.
43.88.505 State boards, commissions, councils, and
committees—Compilation of list, information. (1) The
director of financial management shall compile, and revise
within ninety days after the beginning of each biennium, a
current list of all permanent and temporary, statutory and
nonstatutory boards, commissions, councils, committees, and
other groups of similar nomenclature that are established by
the executive, legislative, or judicial branches of state
government and whose members are eligible to receive travel
expenses for their meetings in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended.
(2) Such list shall include but not be limited to any such
group which:
(a) Functions primarily in an advisory, planning, or
coordinating capacity;
(b) Performs advertising, research, promotional, or
marketing services for a specific business, industry, or
occupation; or
(c) Performs licensing, regulatory, or quasi-judicial functions, adopts rules, or has responsibility for the administration or policy direction of a state agency or program.
(3) Such list shall contain the following information for
each board, commission, council, committee, or other group
of similar nomenclature:
(a) The legal authorization for the creation of the group;
(b) The number of members on the group, the appointing authority, and the agency to which the group reports;
(c) The number of meetings held during the preceding
biennium;
(d) A brief summary of the primary responsibilities of
the group;
(e) The total estimated cost of operating the group
during the preceding biennium and the estimated cost of the
group during the ensuing biennium. Such cost data shall
include the estimated administrative expenses of the group
as well as the estimated cost to an agency of providing full
time equivalent or part time supporting staff to the group;
and
(f) The source of funding for the group. [1979 c 151 §
143; 1977 c 23 § 2.]
43.88.510 State boards, commissions, councils, and
committees—Submission of list and data to legislature.
Not later than ninety days after the beginning of each
biennium, the director of financial management shall submit
the compiled list of boards, commissions, councils, and
(2002 Ed.)
43.88.500
committees, together with the information on each such
group, that is required by RCW 43.88.505 to:
(1) The speaker of the house and the president of the
senate for distribution to the appropriate standing committees, including one copy to the staff of each of the committees;
(2) The chair of the joint legislative audit and review
committee, including a copy to the staff of the committee;
(3) The chairs of the committees on ways and means of
the senate and house of representatives; and
(4) Members of the state government committee of the
house of representatives and of the governmental operations
committee of the senate, including one copy to the staff of
each of the committees. [1996 c 288 § 42; 1987 c 505 § 37;
1979 c 151 § 144; 1977 c 23 § 3.]
43.88.515 State boards, commissions, councils, and
committees—Agencies to submit lists, information. (1) In
order to facilitate the compilation of data required by RCW
43.88.505, each agency of the executive, legislative, and
judicial branches of state government shall submit to the
director of financial management a current list of the permanent and temporary, statutory and nonstatutory boards,
commissions, councils, committees, and other groups of
similar nomenclature that report to, or are involved in the
operation of, the agency and whose members are eligible to
receive travel expenses for their meetings in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended.
(2) Such list shall contain the administrative and cost
information for each group that is prescribed in RCW
43.88.505(3).
(3) The director of financial management shall establish
guidelines and a format for agencies to follow in submitting
information on boards, commissions, councils, and committees. [1979 c 151 § 145; 1977 c 23 § 4.]
43.88.550 Forest fire fighting expenses—Transfers
to Clarke-McNary fund. Based on schedules submitted by
the director of financial management, the state treasurer shall
transfer from the general fund—state, or such other funds as
the state treasurer deems appropriate, to the Clarke-McNary
fund such amounts as are necessary to meet unbudgeted
forest fire fighting expenses. All amounts borrowed under
the authority of this section shall be repaid to the appropriate
fund, together with interest at a rate determined by the state
treasurer to be equivalent to the return on investments of the
state treasury during the period the amounts are borrowed.
[1989 c 362 § 3.]
43.88.560 Information technology projects—
Funding policies and standards. The director of financial
management shall establish policies and standards governing
the funding of major information technology projects as required under RCW 43.105.190(2). [1992 c 20 § 7.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.88.570 Social services provided by nongovernment entities receiving state moneys—Report by agencies—Audits. (1) Each state agency shall submit a report to
[Title 43 RCW—page 409]
43.88.570
Title 43 RCW: State Government—Executive
the office of the state auditor listing each nongovernment
entity that received over three hundred thousand dollars in
state moneys during the previous fiscal year under contract
with the agency for purposes related to the provision of
social services. The report must be submitted by September
1 each year, and must be in a form prescribed by the office
of the state auditor.
(2) The office of the state auditor shall select at random
a group of entities from the reports using a procedure
prescribed by the office of the state auditor. The office of
the state auditor shall ensure that the number of entities
selected under this subsection (2) each year is sufficient to
ensure a statistically representative sample of all reported
entities.
(3) Each entity selected under subsection (2) of this
section shall be required to complete a comprehensive entitywide audit in accordance with generally accepted government auditing standards. The audit shall be completed by,
or under the supervision of, a certified public accountant
licensed in this state. The audit shall determine, at a
minimum, whether:
(a) The financial statements of the entity are presented
fairly in all material respects in conformity with generally
accepted accounting principles;
(b) The schedule of expenditures of state moneys is
presented fairly in all material respects in relation to the
financial statements taken as a whole;
(c) Internal accounting controls exist and are effective;
and
(d) The entity has complied with laws, regulations, and
contract and grant provisions that have a direct and material
effect on performance of the contract and the expenditure of
state moneys.
(4) The office of the state auditor shall also select a
second group based on a risk assessment of entities conducted by the office of the state auditor in consultation with state
agencies. The office of the state auditor shall consider, at a
minimum, the following factors when conducting risk
assessments: Findings from audits of entities under contract
with the state to provide services for the same state or
federal program; findings from previous audits; decentralization of decision making and controls; turnover in officials
and key personnel; changes in management structure or
operations; and the presence of new programs, technologies,
or funding sources.
(5) The office of the state auditor is required to complete a comprehensive entity-wide audit, in accordance with
generally accepted government auditing standards, of each
entity selected under subsection (4) of this section. The
office of the state auditor may procure the services of a
certified public accountant to perform such an audit, as set
forth under RCW 43.09.045. The audit shall determine, at
a minimum, whether:
(a) The financial statements of the entity are presented
fairly in all material respects in conformity with generally
accepted accounting principles;
(b) The schedule of expenditures of state moneys is
presented fairly in all material respects in relation to the
financial statements taken as a whole;
(c) Internal accounting controls exist and are effective;
and
[Title 43 RCW—page 410]
(d) The entity has complied with statutes, rules, regulations, and contract and grant provisions that have a direct
and material effect on performance of the contract and the
expenditure of state moneys.
(6) The office of the state auditor shall prescribe
policies and procedures for the conduct of audits under this
section. The office of the state auditor shall deem single
audits completed in compliance with federal requirements to
be in fulfillment of the requirements of this section if the
audit meets the requirements of subsection (3)(a) through (d)
or (5)(a) through (d) of this section. If the entity is selected
under subsection (4) of this section, the office of the state
auditor shall review the single audit to determine if there is
evidence of misuse of public moneys.
(7) Completed audits must be delivered to the office of
the state auditor and the state agency by April 1 in the year
following the selection of the entity for audit. Entities must
resolve any findings contained in the audit within six months
of the delivery of the audit. Entities may not enter into new
contracts with state agencies until all major audit findings
are resolved.
(8) Nothing in this section limits the authority of the
state auditor to carry out statutorily and contractually
prescribed powers and duties. [1998 c 232 § 2; 1997 c 374
§ 3.]
Findings—Intent—1998 c 232: See note following RCW 43.09.055.
Findings—1997 c 374: See note following RCW 43.63A.125.
43.88.899 Intent—Periodic review. The amendments
to chapter 43.88 RCW by chapter 215, Laws of 1986 are
intended to improve the reporting of state budgeting, accounting, and other fiscal data. The legislative evaluation
and accountability program committee shall periodically
review chapter 43.88 RCW and shall recommend further
revisions if needed. [1986 c 215 § 8.]
43.88.901 Severability—1973 1st ex.s. c 100. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 1st ex.s. c 100 §
10.]
43.88.902 Severability—1975 1st ex.s. c 293. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975 1st ex.s. c 293 §
22.]
43.88.903 Severability—1977 c 23. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1977 c 23 § 5.]
43.88.910 Effective date—1975 1st ex.s. c 293. This
1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
(2002 Ed.)
State Budgeting, Accounting, and Reporting System
shall take effect on July 1, 1975. [1975 1st ex.s. c 293 §
23.]
Chapter 43.88A
LEGISLATIVE FISCAL NOTES
Sections
43.88A.010 Legislative declaration.
43.88A.020 Fiscal notes—Preparation—Contents—Duties of office of
financial management.
43.88A.030 Fiscal notes—Distribution.
43.88A.040 Fiscal notes—Preparation upon request of any legislator.
43.88A.900 Construction of chapter.
Fiscal impact of proposed legislation on political subdivisions: Chapter
43.132 RCW.
43.88A.010 Legislative declaration. The legislature
hereby recognizes the necessity of developing a uniform and
coordinated procedure for determining the expected fiscal
impact of bills and resolutions on state government. The
legislature also recognizes that developing such statements
of fiscal impact, which shall be known as fiscal notes,
requires the designation of a state agency to be principally
responsible therefor. [1977 ex.s. c 25 § 1.]
43.88A.020 Fiscal notes—Preparation—Contents—
Duties of office of financial management. The office of
financial management shall, in cooperation with appropriate
legislative committees and legislative staff, establish a
procedure for the provision of fiscal notes on the expected
impact of bills and resolutions which increase or decrease or
tend to increase or decrease state government revenues or
expenditures. Such fiscal notes shall indicate by fiscal year
the impact for the remainder of the biennium in which the
bill or resolution will first take effect as well as a cumulative
forecast of the fiscal impact for the succeeding four fiscal
years. Fiscal notes shall separately identify the fiscal
impacts on the operating and capital budgets. Estimates of
fiscal impacts shall be calculated using the procedures
contained in the fiscal note instructions issued by the office
of financial management.
In establishing the fiscal impact called for pursuant to
this chapter, the office of financial management shall
coordinate the development of fiscal notes with all state
agencies affected. [1994 c 219 § 3; 1979 c 151 § 146; 1977
ex.s. c 25 § 2.]
Finding—1994 c 219: See note following RCW 43.88.030.
43.88A.030 Fiscal notes—Distribution. When a
fiscal note is prepared and approved as to form, accuracy,
and completeness by the office of financial management,
which depicts the expected fiscal impact of a bill or resolution, copies shall be filed immediately with:
(1) The chairperson of the committee to which the bill
or resolution was referred upon introduction in the house of
origin;
(2) The senate committee on ways and means, or its
successor; and
(3) The house committees on revenue and appropriations, or their successors.
(2002 Ed.)
43.88.910
Whenever possible, such fiscal note shall be provided
prior to or at the time the bill or resolution is first heard by
the committee of reference in the house of origin.
When a fiscal note has been prepared for a bill or
resolution, a copy of the fiscal note shall be placed in the
bill books or otherwise attached to the bill or resolution and
shall remain with the bill or resolution throughout the
legislative process insofar as possible. [1986 c 158 § 16;
1979 ex.s. c 112 § 1; 1979 c 151 § 147; 1977 ex.s. c 25 §
3.]
43.88A.040 Fiscal notes—Preparation upon request
of any legislator. The office of financial management shall
also provide a fiscal note on any legislative proposal at the
request of any legislator. Such fiscal note shall be returned
to the requesting legislator, and copies shall be filed with the
appropriate legislative committees pursuant to RCW
43.88A.030 at the time such proposed legislation is introduced in either house. [1979 c 151 § 148; 1977 ex.s. c 25
§ 4.]
43.88A.900 Construction of chapter. Nothing in this
chapter shall prevent either house of the legislature from
acting on any bill or resolution before it as otherwise
provided by the state Constitution, by law, and by the rules
and joint rules of the senate and house of representatives,
nor shall the lack of any fiscal note as provided in this
chapter or any error in the accuracy thereof affect the
validity of any measure otherwise duly passed by the legislature. [1977 ex.s. c 25 § 5.]
Chapter 43.88C
CASELOAD FORECAST COUNCIL
Sections
43.88C.010 Caseload forecast council—Caseload forecast supervisor—
Oversight and approval of official caseload forecast—
Alternative forecast—Travel reimbursement—
Definitions.
43.88C.020 Preparation and submittal of caseload forecasts—
Cooperation of state agencies—Official state caseload
forecast.
43.88C.030 Caseload forecast work group—Submittal of data by state
agencies—Meetings.
43.88C.900 Effective date—1997 c 168.
43.88C.010 Caseload forecast council—Caseload
forecast supervisor—Oversight and approval of official
caseload forecast—Alternative forecast—Travel reimbursement—Definitions. (1) The caseload forecast council
is hereby created. The council shall consist of two individuals appointed by the governor and four individuals, one of
whom is appointed by the chairperson of each of the two
largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from
among the four caucus appointees. The council may select
such other officers as the members deem necessary.
(2) The council shall employ a caseload forecast
supervisor to supervise the preparation of all caseload
forecasts. As used in this chapter, "supervisor" means the
caseload forecast supervisor.
[Title 43 RCW—page 411]
43.88C.010
Title 43 RCW: State Government—Executive
(3) Approval by an affirmative vote of at least five
members of the council is required for any decisions
regarding employment of the supervisor. Employment of the
supervisor shall terminate after each term of three years. At
the end of the first year of each three-year term the council
shall consider extension of the supervisor’s term by one
year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
(4) The caseload forecast council shall oversee the
preparation of and approve, by an affirmative vote of at least
four members, the official state caseload forecasts prepared
under RCW 43.88C.020. If the council is unable to approve
a forecast before a date required in RCW 43.88C.020, the
supervisor shall submit the forecast without approval and the
forecast shall have the same effect as if approved by the
council.
(5) A council member who does not cast an affirmative
vote for approval of the official caseload forecast may
request, and the supervisor shall provide, an alternative
forecast based on assumptions specified by the member.
(6) Members of the caseload forecast council shall serve
without additional compensation but shall be reimbursed for
travel expenses in accordance with RCW 44.04.120 while
attending sessions of the council or on official business
authorized by the council. Nonlegislative members of the
council shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
(7) "Caseload," as used in this chapter, means the
number of persons expected to meet entitlement requirements
and require the services of public assistance programs, state
correctional institutions, state correctional noninstitutional
supervision, state institutions for juvenile offenders, the
common school system, long-term care, medical assistance,
foster care, and adoption support.
(8) Unless the context clearly requires otherwise, the
definitions provided in RCW 43.88.020 apply to this chapter.
[2000 c 90 § 1; 1997 c 168 § 1.]
Effective date—2000 c 90: "This act takes effect July 1, 2000."
[2000 c 90 § 2.]
43.88C.020 Preparation and submittal of caseload
forecasts—Cooperation of state agencies—Official state
caseload forecast. (1) In consultation with the caseload
forecast work group established under RCW 43.88C.030, and
subject to the approval of the caseload forecast council under
RCW 43.88C.010, the supervisor shall prepare:
(a) An official state caseload forecast; and
(b) Other caseload forecasts based on alternative
assumptions as the council may determine.
(2) The supervisor shall submit caseload forecasts
prepared under this section, along with any unofficial
forecasts provided under RCW 43.88C.010, to the governor
and the members of the legislative fiscal committees,
including one copy to the staff of each of the committees.
The forecasts shall be submitted at least three times each
year and on such dates as the council determines will
facilitate the development of budget proposals by the
governor and the legislature.
(3) All agencies of state government shall provide to the
supervisor immediate access to all information relating to
caseload forecasts.
[Title 43 RCW—page 412]
(4) The administrator of the legislative evaluation and
accountability program committee may request, and the
supervisor shall provide, alternative caseload forecasts based
on assumptions specified by the administrator.
(5) The official state caseload forecast under this section
shall be the basis of the governor’s budget document as provided in RCW 43.88.030 and utilized by the legislature in
the development of the omnibus biennial appropriations act.
[1997 c 168 § 2.]
43.88C.030 Caseload forecast work group—
Submittal of data by state agencies—Meetings. (1) To
promote the free flow of information and to promote
legislative and executive input in the development of
assumptions and preparation of forecasts, immediate access
to all information and statistical models relating to caseload
forecasts shall be available to the caseload forecast work
group, hereby created. Each state agency affected by
caseloads shall submit caseload reports and data to the
council as soon as the reports and data are available and
shall provide to the council and the supervisor such additional raw, program-level data or information as may be necessary for discharge of their respective duties.
(2) The caseload forecast work group shall consist of
one staff member selected by the executive head or chairperson of each of the following agencies, programs, or committees:
(a) Office of financial management;
(b) Ways and means committee, or its successor, of the
senate;
(c) Appropriations committee, or its successor, of the
house of representatives;
(d) Legislative evaluation and accountability program
committee; and
(e) Each state program for which the council forecasts
the caseload.
(3) The caseload forecast work group shall provide
technical support to the caseload forecast council. Meetings
of the caseload forecast work group may be called by any
member of the group for the purpose of assisting the council,
reviewing forecasts, or for any other purpose that may assist
the council. [1997 c 168 § 3.]
43.88C.900 Effective date—1997 c 168. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 1997.
[1997 c 168 § 8.]
Chapter 43.89
TELETYPEWRITER COMMUNICATIONS
NETWORK
Sections
43.89.010
43.89.030
43.89.040
43.89.050
Communications network—Establishment—Use—Charges—
Duties of chief of state patrol.
Connection with and participation in network by political
subdivisions.
Transfer of powers, duties, functions, contracts, rules, property, appropriation, etc., to chief of state patrol.
Transfer of powers, duties and functions not to terminate or
affect state liability.
(2002 Ed.)
Teletypewriter Communications Network
43.89.010
Communications network—
Establishment—Use—Charges—Duties of chief of state
patrol. The chief of the Washington state patrol is hereby
authorized to establish a communications network which will
inter-connect the law enforcement agencies of the state and
its political subdivisions into a unified written communications system. The chief of the Washington state patrol is
authorized to lease or purchase such facilities and equipment
as may be necessary to establish and maintain the communications network.
(1) The communications network shall be used exclusively for the official business of the state, and the official
business of any city, county, city and county, or other public
agency.
(2) This section does not prohibit the occasional use of
the state’s communications network by any other state or
public agency thereof when the messages transmitted relate
to the enforcement of the criminal laws of the state.
(3) The chief of the Washington state patrol shall fix the
monthly operational charge to be paid by any department or
agency of state government, or any city, county, city and
county, or other public agency participating in the communications network: PROVIDED, That in computing charges to
be made against a city, county, or city and county the state
shall bear at least fifty percent of the costs of such service
as its share in providing a modern unified communications
network to the law enforcement agencies of the state. Of the
fees collected pursuant to this section, one-half shall be
deposited in the motor vehicle fund and one-half shall be
deposited in the state patrol highway account.
(4) The chief of the Washington state patrol is authorized to arrange for the connection of the communications
network with the law enforcement communications system
of any adjacent state, or the Province of British Columbia,
Canada. [2000 2nd sp.s. c 4 § 7; 1993 sp.s. c 23 § 63; 1965
ex.s. c 60 § 2; 1965 c 8 § 43.89.010. Prior: 1963 c 160 §
1.]
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: "(1) Sections 4 and 7
through 10 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 2000.
(2) Section 5 of this act takes effect September 1, 2000.
(3) Section 6 of this act takes effect March 1, 2002." [2000 2nd sp.s.
c 4 § 36.]
Effective dates—1993 sp.s. c 23: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 28, 1993], except for sections 60 and 61, which shall
take effect January 1, 1994." [1993 sp.s. c 23 § 65.]
Effective date—1965 ex.s. c 60: "This 1965 amendatory act shall
take effect on July 1, 1965." [1965 ex.s. c 60 § 6.]
43.89.030 Connection with and participation in
network by political subdivisions. Any city, county, city
and county, or other public agency may connect with and
participate in the teletypewriter communications network
subject to the rules, regulations, procedures and methods of
operation adopted by the state communications advisory
committee: PROVIDED, That such city, county, city and
county, or other public agency shall first agree to pay such
installation charges as may be necessary for such connection
and such monthly operational charges as may be established
(2002 Ed.)
43.89.010
by the chief of the Washington state patrol. [1965 ex.s. c 60
§ 4; 1965 c 8 § 43.89.030. Prior: 1963 c 160 § 3.]
43.89.040 Transfer of powers, duties, functions,
contracts, rules, property, appropriation, etc., to chief of
state patrol. The powers, duties, and functions of the
director of budget relating to the state teletypewriter communication network are transferred to the chief of the Washington state patrol. All existing contracts, orders, rules, regulations, records, and obligations together with communications
equipment, motor vehicles, and any other property, device,
or thing and any remaining appropriation pertaining to such
communication network shall be transferred by the director
of budget or his agent to the chief of the Washington state
patrol as of July 1, 1965. [1965 ex.s. c 60 § 1.]
43.89.050 Transfer of powers, duties and functions
not to terminate or affect state liability. The transfer of
the powers, duties, and functions relating to the state
teletypewriter communication network from the director of
budget to the chief of the Washington state patrol shall not
terminate or affect the liability of the state accruing with
respect to such communications network to any person,
company, or corporation. [1965 ex.s. c 60 § 5.]
Chapter 43.92
GEOLOGICAL SURVEY
Sections
43.92.010 Supervisor of geology.
43.92.020 Objects of survey.
43.92.040 Printing and distribution of reports.
43.92.060 Cooperation with federal geological survey.
43.92.070 Topographic map—Stream measurements.
43.92.080 Entry on lands authorized.
Reviser’s note: The powers, duties and functions of the department
of conservation with respect to geology as set forth in chapter 43.92 RCW
were transferred to the department of natural resources by 1967 c 242 § 15
[RCW 43.27A.130].
43.92.010 Supervisor of geology. There shall be a
geological survey of the state which shall be under the
direction of the commissioner of public lands who shall have
general charge of the survey, and shall appoint as supervisor
of the survey a geologist of established reputation, to be
known as the supervisor of geology. [1988 c 127 § 28; 1965
c 8 § 43.92.010. Prior: 1901 c 165 § 1; 1890 p 647 § 1;
1890 p 249 § 1; RRS § 5993.]
43.92.020 Objects of survey. The survey shall have
for its objects:
An examination of the economic products of the state,
viz: The gold, silver, copper, lead, and iron ores, as well as
building stones, clays, coal, and all mineral substances of
value; an examination and classification of the soils, and the
study of their adaptability to particular crops; investigation
and report upon the water supplies, artesian wells, the water
power of the state, gauging the streams, etc., with reference
to their application for irrigation and other purposes; an
examination and report upon the occurrence of different road
building material; an examination of the physical features of
the state with reference to their practical bearing upon the
[Title 43 RCW—page 413]
43.92.020
Title 43 RCW: State Government—Executive
occupations of the people; the preparation of special geological and economic maps to illustrate the resources of the
state; the preparation of special reports with necessary
illustrations and maps, which shall embrace both the general
and detailed description of the geology and natural resources
of the state, and the consideration of such other kindred
scientific and economic questions as in the judgment of the
director shall be deemed of value to the people of the state.
[1965 c 8 § 43.92.020. Prior: 1901 c 165 § 2; 1890 p 249
§ 3; 1890 p 648 §§ 3, 4, 5, 6, 7; RRS § 5994.]
43.96B.215 Bond issue—Anticipation notes—Disposition of proceeds—
Acquisition of property by Expo ’74 commission authorized.
43.96B.220 Bond issue—Administration of proceeds.
43.96B.225 Bond issue—Redemption fund—Payment of bonds.
43.96B.230 Bond issue—Additional means of payment.
43.96B.235 Bond issue—Legal investment for public funds.
43.96B.240 Appropriation.
43.96B.245 Severability—1973 1st ex.s. c 116.
43.96B.900 Severability—1971 ex.s. c 3.
43.92.040 Printing and distribution of reports. The
regular and special reports of the survey with proper illustrations and maps, shall be printed as the director may direct,
and the reports shall be distributed or sold by him as the
interests of the state and of science demand; and all money
obtained by the sale of reports shall be paid into the state
treasury. [1965 c 8 § 43.92.040. Prior: 1901 c 165 § 4;
RRS § 5996.]
43.96B.200 Legislative finding. The legislature finds
that an expansion of the state pavilion at Expo ’74 initially
authorized for construction by the 1971 legislature is
consistent with the purposes of the exposition and the needs
of the state of Washington in order that the facility produced
will both more adequately serve the state during the exposition and as a permanent structure for the benefit of the state
afterwards. [1973 1st ex.s. c 116 § 1.]
43.92.060 Cooperation with federal geological
survey. The director may make provisions for topographic,
geologic, and hydrographic surveys of the state in cooperation with the United States geological survey in such manner
as in his opinion will be of the greatest benefit to the
agricultural, industrial, and geological requirements of the
state: PROVIDED, That the director of the United States
geological survey agrees to expend on the part of the United
States upon such surveys a sum equal to that expended by
the state. [1965 c 8 § 43.92.060. Prior: 1903 c 157 § 1;
1901 c 165 § 6; RRS § 5998.]
43.96B.205 Bond issue—Authorized. For the
purpose of providing additional space for the Washington
State Pavilion at Expo ’74 as determined to be necessary by
the Expo ’74 commission, including the planning, acquisition, construction, remodeling and equipping, together with
all improvements and enhancements of said project, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of two million
nine hundred thousand dollars, or so much thereof as may be
required, to finance the projects defined in RCW 43.96B.200
through 43.96B.245 and all costs incidental thereto. Such
bonds shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1
of the state Constitution. [1973 1st ex.s. c 116 § 2.]
43.92.070 Topographic map—Stream measurements. In order to complete the topographic map of the
state and for the purpose of making more extensive stream
measurements, and otherwise investigating and determining
the water supply of the state, the director may enter into
such agreements with the director of the United States
geological survey as will insure that the surveys and investigations be carried on in the most economical manner, and
that the maps and data be available for the use of the public
as quickly as possible. [1965 c 8 § 43.92.070. Prior: 1909
c 245 § 1; RRS § 5999.]
43.92.080 Entry on lands authorized. In order to
carry out the purposes of this chapter all persons employed
hereunder are authorized to enter and cross all land within
the state doing thereby no damage to private property. [1965
c 8 § 43.92.080. Prior: 1909 c 245 § 3; RRS § 6000.]
Chapter 43.96B
EXPO ’74—BOND ISSUE
Sections
STATE PAVILION—BOND ISSUE
43.96B.200 Legislative finding.
43.96B.205 Bond issue—Authorized.
43.96B.210 Bond issue—Issuance and sale of bonds—Form, terms,
conditions, etc.—Authority of state finance committee.
[Title 43 RCW—page 414]
STATE PAVILION—BOND ISSUE
43.96B.210 Bond issue—Issuance and sale of
bonds—Form, terms, conditions, etc.—Authority of state
finance committee. The issuance, sale and retirement of
said bonds shall be under the supervision and control of the
state finance committee. The committee is authorized to
prescribe the form, terms, conditions, and covenants of the
bonds, the time or times of sale of all or any portion of
them, and the conditions and manner of their sale, issuance
and redemption. None of the bonds authorized in RCW
43.96B.200 through 43.96B.245 shall be sold for less than
the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and notes, if any. Such bonds shall
be payable at such places as the committee may provide.
[1973 1st ex.s. c 116 § 3.]
43.96B.215 Bond issue—Anticipation notes—
Disposition of proceeds—Acquisition of property by Expo
’74 commission authorized. At the time the state finance
committee determines to issue such bonds or a portion
thereof, it may, pending the issuing of such bonds, issue, in
the name of the state, temporary notes in anticipation of the
(2002 Ed.)
Expo ’74—Bond Issue
money to be derived from the sale of the bonds, which notes
shall be designated as "anticipation notes". Such portion of
the proceeds of the sale of such bonds that may be required
for such purpose shall be applied to the payment of the
principal of and interest on such anticipation notes which
have been issued. The proceeds from the sale of bonds
authorized by RCW 43.96B.200 through 43.96B.245 and any
interest earned on the interim investment of such proceeds,
shall be deposited in the state building construction account
of the general fund in the state treasury and shall be used
exclusively for the purposes specified in RCW 43.96B.200
through 43.96B.245 and for the payment of expenses
incurred in the issuance and sale of the bonds. The Expo
’74 commission is hereby authorized to acquire property,
real and personal, by lease, purchase[,] condemnation or gift
to achieve the objectives of chapters 1, 2, and 3, Laws of
1971 ex. sess., and RCW 43.96B.200 through 43.96B.245.
The commission is further directed pursuant to RCW
43.19.450 to utilize the department of general administration
services to accomplish the purposes set forth herein. [1973
1st ex.s. c 116 § 4.]
43.96B.220 Bond issue—Administration of proceeds. The principal proceeds from the sale of the bonds or
notes deposited in the state building construction account of
the general fund shall be administered by the Expo ’74
commission. [1973 1st ex.s. c 116 § 5.]
43.96B.225 Bond issue—Redemption fund—
Payment of bonds. The state building bond redemption
fund, 1973-A, is hereby created in the state treasury, which
fund shall be exclusively devoted to the payment of the
principal of and interest on the bonds authorized by RCW
43.96B.200 through 43.96B.245. The state finance committee, shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet such bond retirement and interest requirements and on July 1st of each year the state treasurer shall
deposit such amount in the state building bond redemption
fund, 1973-A, from any general state revenues received in
the state treasury and certified by the state treasurer to be
general state revenues. Bonds issued under the provisions of
RCW 43.96B.200 through 43.96B.245 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon and shall
contain an unconditional promise to pay such principal and
interest as the same shall become due. The owner and
holder of each of the bonds or the trustee for the owner and
holder of any of the bonds may by a mandamus or other
appropriate proceeding require the transfer and payment of
funds as directed herein. [1973 1st ex.s. c 116 § 6.]
43.96B.230 Bond issue—Additional means of
payment. The legislature may provide additional means for
raising moneys for the payment of the principal of and
interest on the bonds authorized herein, and RCW
43.96B.200 through 43.96B.245 shall not be deemed to
provide an exclusive method for such payment. [1973 1st
ex.s. c 116 § 7.]
(2002 Ed.)
43.96B.215
43.96B.235 Bond issue—Legal investment for public
funds. The bonds authorized in RCW 43.96B.200 through
43.96B.245 shall be a legal investment for all state funds or
funds under state control and for all funds of any other
public body. [1973 1st ex.s. c 116 § 8.]
43.96B.240 Appropriation. There is hereby appropriated to the Expo ’74 commission from the state building
construction account of the general fund the sum of two
million nine hundred thousand dollars or so much thereof as
may be necessary to accomplish the purposes of RCW
43.96B.200 through 43.96B.245. [1973 1st ex.s. c 116 § 9.]
43.96B.245 Severability—1973 1st ex.s. c 116. If
any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 116 § 10.]
43.96B.900 Severability—1971 ex.s. c 3. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 3 § 9.]
Chapter 43.97
COLUMBIA RIVER GORGE COMPACT
(Formerly: Columbia River Gorge commission)
Sections
43.97.015
43.97.025
43.97.035
Columbia River Gorge Compact—Columbia River Gorge
commission.
Grant of authority—Appointment of members to commission—Vacancies.
Commission members—Compensation—Travel expenses.
43.97.015 Columbia River Gorge Compact—
Columbia River Gorge commission. The legislature of the
State of Washington hereby ratifies the Columbia River
Gorge Compact set forth below, and the provisions of such
compact hereby are declared to be the law of this state upon
such compact becoming effective as provided in Article III.
A compact is entered into by and between the states of
Washington and Oregon, signatories hereto, with the consent
of the Congress of the United States of America, granted by
an Act entitled, "The Columbia River Gorge National Scenic
Area Act," P.L. 99-663.
ARTICLE I
COLUMBIA GORGE COMMISSION ESTABLISHED
a. The States of Oregon and Washington establish by
way of this interstate compact a regional agency known as
the Columbia River Gorge Commission. The commission
established in accordance with this compact shall have the
power and authority to perform all functions and responsibilities in accordance with the provisions of this compact and
of the Columbia River Gorge National Scenic Area Act (the
federal Act), which is incorporated by this specific reference
in this agreement. The commission’s powers shall include,
but not be limited to:
1. The power to sue and be sued.
[Title 43 RCW—page 415]
43.97.015
Title 43 RCW: State Government—Executive
2. The power to disapprove a land use ordinance
enacted by a county if the ordinance is inconsistent with the
management plan, as provided in P.L. 96-663, Sec.
7(b)(3)(B).
3. The power to enact a land use ordinance setting
standards for the use of nonfederal land in a county within
the scenic area if the county fails to enact land use ordinances consistent with the management plan, as provided in P.L.
99-663, Sec. 7(c).
4. According to the provisions of P.L. 99-663, Sec.
10(c), the power to review all proposals for major development action and new residential development in each county
in the scenic area, except urban areas, and the power to disapprove such development if the commission finds the
development is inconsistent with the purposes of P.L. 99663.
b. The commission shall appoint and remove or discharge such personnel as may be necessary for the performance of the commission’s functions, irrespective of the
civil service, personnel or other merit system laws of any of
the party states.
c. The commission may establish and maintain, independently or in conjunction with any one or more of the party
states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivors
insurance provided that the commission takes such steps as
may be necessary pursuant to federal law to participate in
such program of insurance as a governmental agency or unit.
The commission may establish and maintain or participate in
such additional programs of employee benefits as may be
appropriate.
d. The commission shall obtain the services of such
professional, technical, clerical and other personnel as may
be deemed necessary to enable it to carry out its functions
under this compact. The commission may borrow, accept,
or contract for the services of personnel from any state of
the United States or any subdivision or agency thereof, from
any interstate agency, or from any institution, person, firm
or corporation.
e. Funds necessary to fulfill the powers and duties
imposed upon and entrusted to the commission shall be
provided as appropriated by the legislatures of the states in
accordance with Article IV. The commission may also
receive gifts, grants, endowments and other funds from
public or private sources as may be made from time to time,
in trust or otherwise, for the use and benefit of the purposes
of the commission and expend the same or any income
therefrom according to the terms of the gifts, grants, endowments or other funds.
f. The commission may establish and maintain such
facilities as may be necessary for the transacting of its
business. The commission may acquire, hold and convey
real and personal property and any interest therein.
g. The commission shall adopt bylaws, rules, and
regulations for the conduct of its business, and shall have the
power to amend and rescind these bylaws, rules and regulations. The commission shall publish its bylaws, rules and
regulations in convenient form and shall file a copy thereof
and of any amendment thereto, with the appropriate agency
or officer in each of the party states.
[Title 43 RCW—page 416]
ARTICLE II
THE COMMISSION MEMBERSHIP
a. The commission shall be made up of twelve voting
members appointed by the states, as set forth herein, and one
non-voting member appointed by the U.S. Secretary of
Agriculture.
b. Each state governor shall appoint the members of the
commission as provided in the federal Act (three members
who reside in the State of Oregon, including one resident of
the scenic area, to be appointed by the Governor of Oregon,
and three members who reside in the State of Washington,
including one resident of the scenic area, appointed by the
Governor of Washington).
c. One additional member shall be appointed by the
governing body of each of the respective counties of Clark,
Klickitat, and Skamania in Washington, and Hood River,
Multnomah, and Wasco in Oregon, provided that in the
event the governing body of a county fails to make such an
appointment, the Governor of the state in which the county
is located shall appoint such a member.
d. The terms of the members and procedure for filling
vacancies shall all be as set forth in the federal Act.
ARTICLE III
EFFECTIVE DATE OF COMPACT AND COMMISSION
This compact shall take effect, and the commission may
exercise its authorities pursuant to the compact and pursuant
to the Columbia River Gorge National Scenic Area Act
when it has been ratified by both states and upon the
appointment of four initial members from each state. The
date of this compact shall be the date of the establishment of
the commission.
ARTICLE IV
FUNDING
a. The States of Washington and Oregon hereby agree
to provide by separate agreement or statute of each state for
funding necessary to effectuate the commission, including
the establishment of compensation or expenses of commission members from each state which shall be paid by the
state of origin.
b. The commission shall submit to the Governor or
designated officer or officers of each party state a budget of
its estimated expenditures for such period as may be required
by the laws of that jurisdiction for presentation to the
legislature thereof.
c. Subject to appropriation by their respective legislatures, the commission shall be provided with such funds by
each of the party states as are necessary to provide the
means of establishing and maintaining facilities, a staff of
personnel, and such activities as may be necessary to fulfill
the powers and duties imposed upon and entrusted to the
commission.
d. The commission’s proposed budget and expenditures
shall be apportioned equally between the states.
e. The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the commission shall be audited yearly by the appropriate state auditing
(2002 Ed.)
Columbia River Gorge Compact
official and the report of the audit shall be included in and
become a part of the annual report of the commission.
f. The accounts of the commission shall be open at any
reasonable time for inspection by the public.
ARTICLE V
SEVERABILITY
If any provision of this compact, or its application to
any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its
provisions to all other persons and circumstances, shall
remain valid, and to this end the provisions of this compact
are severable. [1987 c 499 § 1.]
43.97.025 Grant of authority—Appointment of
members to commission—Vacancies. (1) The governor,
the Columbia River Gorge commission, and all state agencies and counties are hereby directed and provided authority
to carry out their respective functions and responsibilities in
accordance with the compact executed pursuant to RCW
43.97.015, the Columbia River Gorge National Scenic Area
Act, and the provisions of this chapter.
(2) The governor shall appoint three members of the
Columbia River Gorge commission who reside in the state
of Washington, at least one of whom shall be a resident of
the scenic area as defined in the act.
(3)(a) The governing bodies of Clark, Klickitat, and
Skamania counties shall each appoint one member of the
Columbia River Gorge commission.
(b) In the event the governing body of a county fails to
make the appointments prescribed in section 5(a)(c)(1) of
that act and (a) of this subsection, the governor shall appoint
any such member.
(4) Each member appointed by the governor shall be
subject to confirmation by the Washington state senate and
shall serve at the pleasure of the governor until their term
shall expire or until a disqualifying change in residence.
(5) Of those members appointed to the Columbia River
Gorge commission by the governing body of the counties of
Clark, Klickitat, and Skamania, the governor shall designate
one member to serve for a term of five years and one to
serve for six years. Of those members appointed directly by
the governor pursuant to RCW 43.97.015, the governor shall
designate one to serve a term of five years and one to serve
a term of six years. All other members shall serve a period
of four years.
Neither the governor nor governing body of any of the
counties may appoint federal, state, or local elected or
appointed officials as members to the Columbia River Gorge
commission.
Vacancies shall be filled in accordance with the appointing procedure for the commission member occupying the
seat before its vacancy. [1987 c 499 § 2.]
43.97.035 Commission members—Compensation—
Travel expenses. Members of the Columbia River Gorge
commission appointed for Washington shall receive compensation for their services pursuant to RCW 43.03.240, and
shall be eligible to receive a subsistence allowance and travel
expenses pursuant to RCW 43.03.050 and 43.03.060, and
regulations adopted pursuant thereto. [1987 c 499 § 3.]
(2002 Ed.)
43.97.015
Chapter 43.99A
OUTDOOR RECREATIONAL AREAS AND
FACILITIES—1967 BOND ACT
(REFERENDUM 18)
Sections
43.99A.010
43.99A.020
43.99A.030
43.99A.040
Declaration of purpose.
General obligation bonds authorized.
Form of bonds—Rate of interest—Sale and issuance.
Full faith and credit of state pledged—Call prior to due
date—Facsimile signatures.
43.99A.050 Disposition of proceeds of sale.
43.99A.060 Outdoor recreational bond redemption fund of 1967—
Created—Use—Sales tax revenues deposited in.
43.99A.070 Proceeds from sale of bonds—Administration—Disposition
and use.
43.99A.080 Construction of phrase "acquisition and development of
outdoor recreational areas and facilities."
43.99A.090 Legislature may provide additional means for payment of
bonds.
43.99A.100 Bonds legal investment for funds of state and municipal
corporations.
43.99A.110 Referral to electorate.
Outdoor recreational facilities—1963 bond act: Chapter 79A.10 RCW.
43.99A.010 Declaration of purpose. The state of
Washington possesses unsurpassed natural wealth in the form
of mountains, forests, and waters, ideal not only for recreation, but for supplying the special kind of spiritual regeneration that only close association with the outdoors can
provide. As the state grows in population, this wilderness is
increasingly threatened; prompt action is necessary to
preserve it before much of it permanently disappears. Further, the physical expansion of our cities and towns has
made it imperative that outdoor breathing space be set aside
and permanently reserved for the people who live in them.
Such breathing space may take the form of "green belts"
especially planned to relieve the monotony of miles of
uninterrupted urban or suburban development, or it may take
the form of traditional parks. In any case, it must be
acquired as soon as possible, while land is still available; and
where appropriate, this land must be developed in order to
meet the recreational needs of growing numbers of potential
users. [1967 ex.s. c 126 § 1.]
43.99A.020 General obligation bonds authorized.
For the purpose of providing funds for the acquisition and
development of outdoor recreational areas and facilities in
this state, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of forty million dollars or so much thereof as may be
required to finance the projects described in RCW
43.99A.070 and 43.99A.080. These bonds shall be paid and
discharged within twenty years of the date of issuance.
[1970 ex.s. c 40 § 1; 1967 ex.s. c 126 § 2.]
Effective, when—1970 ex.s. c 40: "Sections 1 and 2 of this 1970
amendatory act shall not become effective unless this act is adopted and
ratified at the referendum election provided for in section 3 of this 1970
amendatory act." [1970 ex.s. c 40 § 4.]
Referral to electorate—1970 ex.s. c 40: "In the event all of the
bonds authorized by RCW 43.99A.010 through 43.99A.110 have not been
issued on or before September 2, 1970, then this act shall be submitted to
the people for their adoption and ratification, or rejection, at the general
election to be held in this state on the Tuesday next succeeding the first
[Title 43 RCW—page 417]
43.99A.020
Title 43 RCW: State Government—Executive
Monday in November, 1970, in accordance with the provisions of section
3, Article VIII of the state Constitution; and in accordance with the
provisions of section 1, Article II of the state Constitution as amended, and
the laws adopted to facilitate the operation thereof." [1970 ex.s. c 40 § 3.]
"This act" [1970 ex.s. c 40] was adopted and ratified by the people at the
November 3, 1970, general election (Referendum Bill No. 21).
43.99A.030 Form of bonds—Rate of interest—Sale
and issuance. The state finance committee is authorized to
prescribe the form of the bonds, the maximum rate of
interest the same shall bear, the time of sale of all or any
portion of them, and the conditions of their sale and issuance. None of the bonds herein authorized shall be sold for
less than their par value. [1970 ex.s. c 40 § 2; 1967 ex.s. c
126 § 3.]
Effective, when—Referral to electorate—1970 ex.s. c 40: See notes
following RCW 43.99A.020.
43.99A.040 Full faith and credit of state pledged—
Call prior to due date—Facsimile signatures. The bonds
shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the
principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior
to their due date under such terms and conditions as it may
determine. The state finance committee may authorize the
use of facsimile signatures in the issuance of the bonds.
[1967 ex.s. c 126 § 4.]
43.99A.050 Disposition of proceeds of sale. The
proceeds from the sale of bonds authorized by this chapter
shall be deposited in the outdoor recreation account of the
general fund and shall be used exclusively for the purposes
of carrying out the provisions of the chapter and for payment
of the expense incurred in the issuance and sale of the
bonds. [1967 ex.s. c 126 § 5.]
43.99A.060 Outdoor recreational bond redemption
fund of 1967—Created—Use—Sales tax revenues deposited in. The outdoor recreational bond redemption fund of
1967 is created in the state treasury. This fund shall be
exclusively devoted to the payment of interest on and
retirement of the bonds authorized by this chapter. The state
finance committee shall, on or before June 30th of each year,
certify to the state treasurer the amount needed in the
ensuing twelve months to meet bond retirement and interest
requirements, and on July 1st of each year the state treasurer
shall deposit such amount in the outdoor recreational bond
redemption fund from moneys transmitted to the state
treasurer by the department of revenue and certified by the
department of revenue to be sales tax collections. Such
amount certified by the state finance committee to the state
treasurer shall be a prior charge against all retail sales tax
revenues of the state of Washington, except that portion
thereof heretofore pledged for the payment of bond principal
and interest.
The owner and holder of each of the bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require the transfer and payment of
funds as directed herein. [1971 c 37 § 1; 1967 ex.s. c 126
§ 6.]
[Title 43 RCW—page 418]
43.99A.070 Proceeds from sale of bonds—
Administration—Disposition and use. The proceeds from
the sale of bonds deposited in the outdoor recreation account
of the general fund under the terms of RCW 43.99A.050
shall be administered by the interagency committee for
outdoor recreation. All such proceeds shall be divided into
two equal shares. One share shall be allocated for the
acquisition and development of outdoor recreation areas and
facilities on behalf of the state as the legislature may direct
by appropriation. The other share shall be allocated to
public bodies as defined in *RCW 43.99.020 for the acquisition and development of outdoor recreational areas and
facilities within the jurisdiction of such public bodies. The
interagency committee for outdoor recreation is authorized
to use or permit the use of any funds derived from the sale
of bonds authorized under this chapter as matching funds in
any case where federal or other funds are made available on
a matching basis for projects within the purposes of this
chapter. [1967 ex.s. c 126 § 7.]
*Reviser’s note: RCW 43.99.020 was recodified as RCW
79A.25.010 pursuant to 1999 c 249 § 1601.
43.99A.080 Construction of phrase "acquisition and
development of outdoor recreational areas and facilities."
As used in this chapter, the phrase "acquisition and development of outdoor recreational areas and facilities" shall be
liberally construed in accordance with the broad interpretation suggested by RCW 43.99A.010. It shall include, but
shall not be limited to, acquisition of fee simple or any
lesser interests in land, and the development of outdoor areas
and facilities for either a single recreational use or multiple
recreational uses. The preservation of land or water areas in
an unspoiled or undeveloped state shall be among the
alternatives permissible under this chapter. [1967 ex.s. c 126
§ 8.]
43.99A.090 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1967 ex.s. c 126 § 9.]
43.99A.100 Bonds legal investment for funds of
state and municipal corporations. The bonds herein
authorized shall be a legal investment for all state funds or
for funds under state control and for all funds of municipal
corporations. [1967 ex.s. c 126 § 10.]
43.99A.110 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November
1968, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1967 ex.s.
c 126 § 11.]
Reviser’s note: Chapter 43.99A RCW was adopted and ratified by
the people at the November 5, 1968, general election (Referendum Bill No.
(2002 Ed.)
Outdoor Recreational Areas and Facilities—1967 Bond Act (Ref. 18)
18). Governor’s proclamation declaring approval of measure is dated
December 5, 1968. State Constitution Art. 2 § 1(d) provides: ". . . Such
measure [initiatives and referendums] shall be in operation on and after the
thirtieth day after the election at which it is approved . . . ."
Chapter 43.99B
OUTDOOR RECREATIONAL AREAS AND
FACILITIES—BOND ISSUES
Sections
43.99A.110
tion. None of the bonds authorized in RCW 43.99B.010
through 43.99B.026 may be sold for less than the par value
thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of the bonds and notes, if any. The bonds shall be
payable at such places as the committee may provide. [1979
ex.s. c 229 § 2.]
1979 BOND ISSUE
43.99B.010 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99B.012 Form, terms, conditions, etc., of bonds.
43.99B.014 Proceeds to be deposited in outdoor recreation account.
43.99B.016 Administration of proceeds.
43.99B.018 Retirement of bonds from outdoor recreational bond redemption fund of 1979—Retirement of bonds from general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
43.99B.020 Definitions.
43.99B.022 Legislature may provide additional means for payment of
bonds.
43.99B.024 Legal investment for public funds.
43.99B.026 Severability—1979 ex.s. c 229.
1981 BOND ISSUE
43.99B.028 General obligation bonds—Authorized—Issuance, sale
terms—Appropriation required.
43.99B.030 Proceeds to be deposited in outdoor recreation account—
Use.
43.99B.032 Administration of proceeds.
43.99B.034 Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
43.99B.036 Definitions.
43.99B.038 Legislature may provide additional means for payment of
bonds.
43.99B.040 Legal investment for public funds.
43.99B.042 Severability—1981 c 236.
1979 BOND ISSUE
43.99B.010
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
acquisition and development of outdoor recreational areas
and facilities in this state, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of eight million nine hundred fortyfive thousand dollars, or so much thereof as may be required, to finance these projects and all costs incidental
thereto. No bonds authorized by RCW 43.99B.010 through
43.99B.026 shall be offered for sale without prior legislative
appropriation, and these bonds shall be paid and discharged
within thirty years of the date of issuance. [1987 1st ex.s.
c 3 § 11; 1979 ex.s. c 229 § 1.]
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
43.99B.012 Form, terms, conditions, etc., of bonds.
The issuance, sale, and retirement of the bonds shall be
under the supervision and control of the state finance
committee. The committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds; the time
or times of sale of all or any portion of them; and the
conditions and manner of their sale, issuance, and redemp(2002 Ed.)
43.99B.014 Proceeds to be deposited in outdoor
recreation account. The proceeds from the sale of the
bonds authorized by RCW 43.99B.010 through 43.99B.026
shall be deposited in the outdoor recreation account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in RCW 43.99B.010
through 43.99B.026 and for the payment of expenses
incurred in the issuance and sale of the bonds. [1979 ex.s.
c 229 § 3.]
43.99B.016 Administration of proceeds. The
proceeds from the sale of the bonds deposited in the outdoor
recreation account of the general fund shall be administered
by the interagency committee for outdoor recreation, subject
to legislative appropriation, and allocated to any agency or
department of the state of Washington and, as grants, to
public bodies for the acquisition and development of outdoor
recreational areas and facilities within the jurisdiction of the
agencies, departments, or public bodies. The interagency
committee for outdoor recreation may use or permit the use
of any funds derived from the sale of the bonds authorized
under RCW 43.99B.010 through 43.99B.026 as matching
funds in any case where federal, local, or other funds are
made available on a matching basis for projects within the
purposes of RCW 43.99B.010 through 43.99B.026. [1979
ex.s. c 229 § 4.]
43.99B.018 Retirement of bonds from outdoor
recreational bond redemption fund of 1979—Retirement
of bonds from general obligation bond retirement fund—
Pledge and promise—Remedies of bondholders. The
outdoor recreational bond redemption fund of 1979 is hereby
created in the state treasury, which fund shall be used for the
payment of the principal of and interest on the bonds authorized by RCW 43.99B.010 through 43.99B.026. The state
finance committee, shall, on or before June 30th of each
year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in
the outdoor recreational bond redemption fund of 1979 an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
If a state general obligation bond retirement fund is
created in the state treasury by chapter 230, Laws of 1979
1st ex. sess. and becomes effective by statute prior to the
[Title 43 RCW—page 419]
43.99B.018
Title 43 RCW: State Government—Executive
issuance of any of the bonds authorized by RCW 43.99B.010
through 43.99B.026, the state general obligation bond
retirement fund shall be used for purposes of RCW
43.99B.010 through 43.99B.026 in lieu of the outdoor
recreational bond redemption fund of 1979, and the outdoor
recreational bond redemption fund of 1979 shall cease to
exist.
Bonds issued under RCW 43.99B.010 through
43.99B.026 shall state that they are a general obligation of
the state of Washington, shall pledge the full faith and credit
of the state to the payment of the principal thereof and the
interest thereon, and shall contain an unconditional promise
to pay the principal and interest as the same shall become
due. The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1979 ex.s. c 229 § 5.]
State general obligation bond retirement fund: RCW 43.83.160.
43.99B.020 Definitions. As used in RCW 43.99B.010
through 43.99B.026, the phrase "acquisition and development
of outdoor recreational areas and facilities" shall be liberally
construed and shall include, but shall not be limited to,
acquisition of fee simple or any lesser interests in land, and
the development of outdoor areas and facilities. Swimming
pools constructed with proceeds from these bonds may be
enclosed at the sponsor’s expense. The preservation of land
or water areas in an unspoiled or undeveloped state shall be
among the alternatives permissible under RCW 43.99B.010
through 43.99B.026.
As used in RCW 43.99B.010 through 43.99B.026, the
term "public body" means any political subdivision, taxing
district, or municipal corporation of the state of Washington
and those Indian tribes now or hereafter recognized as Indian
tribes by the federal government for participation in the
federal land and water conservation program and which may
constitutionally receive grants from the state of Washington.
[1979 ex.s. c 229 § 6.]
43.99B.022 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99B.010 through 43.99B.026, and RCW 43.99B.010
through 43.99B.026 shall not be deemed to provide an exclusive method for the payment. [1979 ex.s. c 229 § 7.]
43.99B.024 Legal investment for public funds. The
bonds authorized in RCW 43.99B.010 through 43.99B.026
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body.
[1979 ex.s. c 229 § 8.]
43.99B.026 Severability—1979 ex.s. c 229. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 229 § 9.]
[Title 43 RCW—page 420]
1981 BOND ISSUE
43.99B.028
General obligation bonds—
Authorized—Issuance, sale terms—Appropriation
required. For the purpose of providing funds for the
acquisition and development of outdoor recreational areas
and facilities in this state, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of thirteen million four hundred
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. No
bonds authorized by RCW 43.99B.028 through 43.99B.040
may be offered for sale without prior legislative appropriation. [1981 c 236 § 1.]
43.99B.030 Proceeds to be deposited in outdoor
recreation account—Use. The proceeds from the sale of
the bonds authorized by RCW 43.99B.028 through
43.99B.040 shall be deposited in the outdoor recreation
account of the general fund in the state treasury and shall be
used exclusively for the purposes specified in RCW
43.99B.028 through 43.99B.040 and for the payment of
expenses incurred in the issuance and sale of the bonds.
[1981 c 236 § 2.]
43.99B.032 Administration of proceeds. The
proceeds from the sale of the bonds deposited in the outdoor
recreation account of the general fund shall be allocated to
the interagency committee for outdoor recreation as grants to
public bodies for the acquisition and development of outdoor
recreational areas and facilities within the jurisdiction of the
agencies, departments, or public bodies or to any agency or
department of the state of Washington, subject to legislative
appropriation. The interagency committee for outdoor
recreation may use or permit the use of any funds derived
from the sale of the bonds authorized under RCW
43.99B.028 through 43.99B.040 as matching funds in any
case where federal, local, or other funds are made available
on a matching basis for projects within the purposes of RCW
43.99B.028 through 43.99B.040. [1981 c 236 § 3.]
43.99B.034 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized by RCW
43.99B.028 through 43.99B.040.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 43.99B.028 through
43.99B.040 shall state that they are a general obligation of
the state of Washington, shall pledge the full faith and credit
of the state to the payment of the principal thereof and the
(2002 Ed.)
Outdoor Recreational Areas and Facilities—Bond Issues
interest thereon, and shall contain an unconditional promise
to pay the principal and interest as the same shall become
due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1981 c 236 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
43.99B.036 Definitions. As used in RCW 43.99B.028
through 43.99B.040, the phrase "acquisition and development
of outdoor recreational areas and facilities" shall be liberally
construed and shall include, but shall not be limited to,
acquisition of fee simple or any lesser interests in land and
the development of outdoor areas and facilities. Swimming
pools constructed with proceeds from these bonds may be
enclosed at the sponsor’s expense. The preservation of land
or water areas in an unspoiled or undeveloped state shall be
among the alternatives permissible under RCW 43.99B.028
through 43.99B.040.
As used in RCW 43.99B.028 through 43.99B.040, the
term "public body" means any political subdivision, taxing
district, or municipal corporation of the state of Washington
and those Indian tribes now or hereafter recognized as Indian
tribes by the federal government for participation in the
federal land and water conservation program and which may
constitutionally receive grants from the state of Washington.
[1981 c 236 § 5.]
43.99B.038 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99B.028 through 43.99B.040, and RCW 43.99B.028
through 43.99B.040 shall not be deemed to provide an exclusive method for the payment. [1981 c 236 § 6.]
43.99B.040 Legal investment for public funds. The
bonds authorized in RCW 43.99B.028 through 43.99B.038
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body.
[1981 c 236 § 7.]
43.99B.042 Severability—1981 c 236. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 236 § 8.]
Chapter 43.99C
HANDICAPPED FACILITIES BOND ISSUE
(REFERENDUM 37)
Sections
43.99C.010 Declaration.
43.99C.015 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99C.020 Definitions.
43.99C.025 Bond anticipation notes—Payment.
43.99C.030 Form, terms, conditions, etc., of bonds and notes.
(2002 Ed.)
43.99B.034
43.99C.035 Pledge and promise.
43.99C.045 Administration of proceeds—Distribution—Transfer of fixed
assets.
43.99C.047 Prohibition of expenditures not submitted in budget document or schedule—Capital appropriation—Exception—
Contents.
43.99C.050 Retirement of bonds and notes from 1979 handicapped facilities bond redemption fund—Retirement of bonds and
notes from state general obligation bond retirement fund.
43.99C.055 Legislature may provide additional means for payment of
bonds.
43.99C.060 Bonds legal investment for public funds.
43.99C.010 Declaration. The physical and mental
health of the people of the state directly affects the achievement of economic progress and full employment. The
establishment of a system of regional and community
facilities for the care, training, and rehabilitation of persons
with sensory, physical, or mental handicaps will provide the
improved and convenient services needed for an efficient
work force and a healthy and secure people. [1979 ex.s. c
221 § 1.]
Severability—1979 ex.s. c 221: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 221 § 13.]
Referral to electorate—1979 ex.s. c 221: "This act shall be
submitted to the people for their adoption and ratification, or rejection, at
a special election hereby ordered by the legislature, which election shall be
held in conjunction with the next succeeding general election to be held in
this state, all in accordance with the provisions of Article II, section 1 of the
state Constitution, as amended, and the laws adopted to facilitate the
operation thereof." [1979 ex.s. c 221 § 14.]
Reviser’s note: "This act," chapter 43.99C RCW (1979 ex.s. c 221),
was adopted and ratified by the people at the November 6, 1979, general
election (Referendum Bill No. 37). State Constitution Art. 2 § 1(d)
provides: ". . . Such measure [initiatives and referendums] shall be in
operation on and after the thirtieth day after the election at which it is
approved . . . ."
43.99C.015
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of financing the planning,
acquisition, construction, renovation, improvement, and
equipping of regional and community facilities for the care,
training, and rehabilitation of persons with sensory, physical,
or mental handicaps, the state finance committee is authorized to issue and sell general obligation bonds of the state
of Washington in the sum of twenty-five million dollars, or
so much thereof as may be required, to finance these
projects and all costs incidental thereto. No bonds or bond
anticipation notes authorized by this chapter shall be offered
for sale without prior legislative appropriation and the bonds
shall be paid and discharged within thirty years of the date
of issuance in accordance with Article VIII, section 1 of the
state Constitution. [1979 ex.s. c 221 § 2.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.020 Definitions. As used in this chapter, the
term "facilities for the care, training, and rehabilitation of
persons with sensory, physical, or mental handicaps" means
real property and any interest therein, equipment, buildings,
structures, mobile units, parking facilities, utilities, landscaping, and all incidental improvements and appurtenances
thereto, developed and owned by any public body within the
[Title 43 RCW—page 421]
43.99C.020
Title 43 RCW: State Government—Executive
state for purposes of the care, training, and rehabilitation of
persons with sensory, physical, or mental handicaps when
used in the following limited programs as designated by the
department of social and health services: nonprofit group
training homes, community centers, close to home living
units, sheltered workshops, vocational rehabilitation centers,
developmental disability training centers, and community
homes for the mentally ill.
As used in this chapter, the term "public body" means
the state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof. [1979 ex.s.
c 221 § 3.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.025 Bond anticipation notes—Payment.
When the state finance committee has determined to issue
the general obligation bonds, or a portion thereof, it may,
pending the issuance of the bonds, issue in the name of the
state temporary notes in anticipation of the bonds, which
notes shall be designated as "bond anticipation notes." Such
portion of the proceeds of the sale of the bonds as may be
required for the payment of principal of and redemption
premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 221 § 4.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.030 Form, terms, conditions, etc., of bonds
and notes. The state finance committee is authorized to
determine the amounts, dates, form, terms, conditions,
denominations, interest rates, maturities, rights and manner
of redemption prior to maturity, registration privileges,
place(s) of payment, and covenants of the bonds and the
bond anticipation notes; the time or times of sale of all or
any portion of them; and the conditions and manner of their
sale, issuance, and redemption. [1979 ex.s. c 221 § 5.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.035 Pledge and promise. Each bond and
bond anticipation note shall state that it is a general obligation of the state of Washington, shall contain a pledge of the
full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain the
state’s unconditional promise to pay the principal and
interest as the same shall become due. [1979 ex.s. c 221 §
6.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.045 Administration of proceeds—
Distribution—Transfer of fixed assets. Subject to legislative appropriation, all principal proceeds of the bonds and
bond anticipation notes authorized in this chapter shall be
administered by the state department of social and health
services exclusively for the purposes specified in this chapter
and for the payment of expenses incurred in connection with
the sale and issuance of the bonds and bond anticipation
notes.
[Title 43 RCW—page 422]
In carrying out the purposes of this chapter all counties
of the state shall be eligible to participate in the distribution
of the bond proceeds. The share coming to each county
shall be determined by a division among all counties according to the relation which the population of each county,
as shown by the last federal or official state census, whichever is the later, bears to the total combined population of all
counties, as shown by such census; except that, each county
with a population of less than twelve thousand shall receive
an aggregate amount of up to seventy-five thousand dollars
if, through a procedure established in rule, the department
has determined there is a demonstrated need and the share
determined for such county is less than seventy-five thousand dollars. No single project in a county with a population
of one million or more shall be eligible for more than fifteen
percent of such county’s total distribution of bond proceeds.
In carrying out the purposes specified in this chapter,
the department may use or permit the use of the proceeds by
direct expenditures, grants, or loans to any public body,
including but not limited to grants to a public body as
matching funds in any case where federal, local, or other
funds are made available on a matching basis for purposes
specified in this chapter.
In carrying out the purpose of this chapter, fixed assets
acquired under this chapter, and no longer utilized by the
program having custody of the assets, may be transferred to
other public bodies either in the same county or another
county. Prior to such transfer the department shall first
determine if the assets can be used by another program as
designated by the department of social and health services in
RCW 43.99C.020. Such programs shall have priority in
obtaining the assets to ensure the purpose of this chapter is
carried out. [1991 c 363 § 121; 1989 c 265 § 1; 1980 c 136
§ 1; 1979 ex.s. c 221 § 8.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Appropriation—1980 c 136: "There is hereby appropriated to the
department of social and health services from the 1979 handicapped
facilities construction account in the general fund the sum of twenty-five
million dollars for the purposes of chapter 43.99C RCW. This appropriation
shall be limited by the conditions contained in section 2 of this act." [1980
c 136 § 3.]
Severability—1980 c 136: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 136 § 4.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.047 Prohibition of expenditures not submitted in budget document or schedule—Capital appropriation—Exception—Contents. (1) No expenditure of funds
shall be allowed for facilities for the care, training, and
rehabilitation of persons with sensory, physical, or mental
handicaps which have not been submitted to the legislature
in a budget document or schedule as specified in RCW
43.88.030(3), and have been approved through a capital
appropriation; except that, the fiscal committees of the
legislature may approve such facilities which have been, not
later than December 1, 1980, verified by the department of
social and health services as meeting the assessed need of a
county and being ready to proceed.
(2002 Ed.)
Handicapped Facilities Bond Issue (Referendum 37)
(2) In order to assure compliance with RCW
43.99C.045, such document or schedule shall indicate the
population of each county, all requests submitted from each
county for participation in the distribution of the bond
proceeds, the requests which are proposed to be accepted,
and the basis for acceptance. [1980 c 136 § 2.]
Appropriation—Severability—1980 c 136: See notes following
RCW 43.99C.045.
43.99C.050 Retirement of bonds and notes from
1979 handicapped facilities bond redemption fund—
Retirement of bonds and notes from state general
obligation bond retirement fund. The 1979 handicapped
facilities bond redemption fund, hereby created in the state
treasury, shall be used for the purpose of the payment of the
principal of and redemption premium, if any, and interest on
the bonds and the bond anticipation notes authorized to be
issued under this chapter.
The state finance committee, on or before June 30 of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on the
bonds. Not less than thirty days prior to the date on which
any interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenue
received in the state treasury and deposit in the 1979 handicapped facilities bond redemption fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
If a state general obligation bond retirement fund is
created in the state treasury by chapter 230, Laws of 1979
ex. sess., and becomes effective by statute prior to the
issuance of any of the bonds authorized by this chapter, the
state general obligation bond retirement fund shall be used
for purposes of this chapter in lieu of the 1979 handicapped
facilities bond redemption fund, and the 1979 handicapped
facilities bond redemption fund shall cease to exist. [1979
ex.s. c 221 § 9.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
State general obligation bond retirement fund: RCW 43.83.160.
43.99C.055 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and the interest on the bonds authorized in this
chapter, and this chapter shall not be deemed to provide an
exclusive method for the payment. [1979 ex.s. c 221 § 10.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
43.99C.060 Bonds legal investment for public funds.
The bonds authorized in this chapter shall constitute a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1979 ex.s. c 221
§ 11.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes
following RCW 43.99C.010.
(2002 Ed.)
43.99C.047
Chapter 43.99D
WATER SUPPLY FACILITIES—1979 BOND ISSUE
Sections
43.99D.005 Transfer of duties to the department of health.
43.99D.010 Declaration.
43.99D.015 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99D.020 Proceeds to be deposited in state and local improvements
revolving account—Water supply facilities.
43.99D.025 Administration of proceeds—Use of funds.
43.99D.030 Definitions.
43.99D.035 Form, terms, conditions, etc., of bonds.
43.99D.040 Anticipation notes—Payment—Pledge and promise—Seal.
43.99D.045 Retirement of bonds from 1979 water supply facilities bond
redemption fund—Retirement of bonds from state general obligation bond retirement fund—Remedies of bondholders.
43.99D.050 Legislature may provide additional means for payment of
bonds.
43.99D.055 Bonds legal investment for public funds.
43.99D.900 Severability—1979 ex.s. c 258.
43.99D.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 241.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.99D.010 Declaration. The development goals for
the state of Washington must include the provision of those
supportive public services necessary for the development and
expansion of industry, commerce, and employment, including
the furnishing of an adequate supply of water for domestic
and industrial purposes. [1979 ex.s. c 258 § 1.]
43.99D.015
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
planning, acquisition, construction, and improvement of
water supply facilities within the state, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of ten million dollars or
so much thereof as may be required to finance the improvements defined in this chapter and all costs incidental thereto.
These bonds shall be paid and discharged within thirty years
of the date of issuance. No bonds authorized by this chapter
shall be offered for sale without prior legislative appropriation of the proceeds of such bonds to be sold. [1979 ex.s.
c 258 § 2.]
43.99D.020 Proceeds to be deposited in state and
local improvements revolving account—Water supply
facilities. The proceeds from the sale of bonds authorized
by this chapter, and any interest earned on the interim
investment of the proceeds, shall be deposited in the state
and local improvements revolving account—water supply
facilities in the general fund and shall be used exclusively
for the purpose specified in this chapter and for payment of
the expenses incurred in the issuance and sale of the bonds.
[1979 ex.s. c 258 § 3.]
[Title 43 RCW—page 423]
43.99D.025
Title 43 RCW: State Government—Executive
43.99D.025 Administration of proceeds—Use of
funds. The proceeds from the sale of the bonds deposited
in the state and local improvements revolving account—
water supply facilities of the general fund under the terms of
this chapter shall be administered by the state department of
health subject to legislative appropriation. The department
may use or permit the use of any funds derived from the
sale of bonds authorized under this chapter to accomplish the
purpose for which the bonds are issued by direct expenditures and by grants or loans to public bodies, including
grants to public bodies as matching funds in any case where
federal, local, or other funds are made available on a
matching basis for improvements within the purposes of this
chapter. [1991 c 3 § 301; 1979 ex.s. c 258 § 4.]
43.99D.030 Definitions. As used in this chapter, the
term "water supply facilities" means municipal and industrial
water supply and distribution systems including, but not
limited to, all equipment, utilities, structures, real property,
and interests in and improvements on real property, necessary for or incidental to the acquisition, construction, installation, or use of any municipal and industrial water supply
or distribution system.
As used in this chapter, the term "public body" means
the state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof, an agency
of the federal government, and those Indian tribes now or
hereafter recognized as such by the federal government for
participation in the federal land and water conservation
program and which may constitutionally receive grants or
loans from the state of Washington. [1979 ex.s. c 258 § 5.]
43.99D.035 Form, terms, conditions, etc., of bonds.
The state finance committee shall prescribe the form, terms,
conditions, and covenants of the bonds, the time or times of
sale of all or any portion of them, and the conditions and
manner of their sale and issuance. None of the bonds
authorized by this chapter shall be sold for less than their par
value. [1979 ex.s. c 258 § 6.]
43.99D.040 Anticipation notes—Payment—Pledge
and promise—Seal. When the state finance committee has
decided to issue such bonds or a portion thereof, it may,
pending the issuing of the bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of such bonds, which notes shall be
designated as "anticipation notes." Such portion of the
proceeds of the sale of the bonds as may be required for
such purpose shall be applied to the payment of the principal
of and interest on the anticipation notes which have been
issued. The bonds and notes shall pledge the full faith and
credit of the state of Washington and shall contain an
unconditional promise to pay the principal and interest when
due. The state finance committee may authorize the use of
a printed facsimile of the seal of the state of Washington in
the issuance of the bonds and notes. [1979 ex.s. c 258 § 7.]
43.99D.045 Retirement of bonds from 1979 water
supply facilities bond redemption fund—Retirement of
bonds from state general obligation bond retirement
fund—Remedies of bondholders. The 1979 water supply
[Title 43 RCW—page 424]
facilities bond redemption fund is created in the state
treasury. This fund shall be used for the payment of interest
on and retirement of the bonds authorized by this chapter.
The state finance committee shall, on or before June 30th of
each year, certify to the state treasurer the amount needed in
the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in
the 1979 water supply facilities bond redemption fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
If a state general obligation bond retirement fund is
created in the state treasury by chapter 230, Laws of 1979
1st ex. sess., and becomes effective by statute prior to the
issuance of any of the bonds authorized by this chapter, the
state general obligation bond retirement fund shall be used
for purposes of this chapter in lieu of the 1979 water supply
facilities bond redemption fund, and the water supply
facilities bond redemption fund shall cease to exist.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1979 ex.s. c 258 § 8.]
State general obligation bond retirement fund: RCW 43.83.160.
43.99D.050 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized in this chapter,
and this chapter shall not be deemed to provide an exclusive
method for such payment. [1979 ex.s. c 258 § 9.]
43.99D.055 Bonds legal investment for public funds.
The bonds authorized by this chapter shall be a legal
investment for all state funds or for funds under state control
and for all funds of any other public body. [1979 ex.s. c
258 § 10.]
43.99D.900 Severability—1979 ex.s. c 258. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 258 § 13.]
Chapter 43.99E
WATER SUPPLY FACILITIES—1980 BOND Issue
(Referendum 38)
Sections
43.99E.005 Transfer of duties to the department of health.
43.99E.010 Declaration.
43.99E.015 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99E.020 Deposit of proceeds in state and local improvements revolving account—Water supply facilities—Use.
43.99E.025 Administration of proceeds.
43.99E.030 Definitions.
43.99E.035 Form, terms, conditions, etc., of bonds.
43.99E.040 Anticipation notes—Payment—Pledge and promise—Seal.
(2002 Ed.)
Water Supply Facilities—1980 Bond Issue (Referendum 38)
43.99E.045 Retirement of bonds from public water supply facilities
bond redemption fund—Remedies of bondholders—
Debt-limit general fund bond retirement account.
43.99E.050 Legislature may provide additional means for payment of
bonds.
43.99E.055 Bonds legal investment for public funds.
43.99E.900 Severability—1979 ex.s. c 234.
43.99E.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 242.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
43.99E.010 Declaration. The long-range development
goals for the state of Washington must include the provision
of those supportive public services necessary for the development and expansion of industry, commerce, and employment including the furnishing of an adequate supply of water
for domestic, industrial, agricultural, municipal, fishery,
recreational, and other beneficial uses. [1979 ex.s. c 234 §
1.]
Referral to electorate—1979 ex.s. c 234: "This act shall be
submitted to the people for their adoption and ratification, or rejection, at
the general election to be held in this state on the Tuesday next succeeding
the first Monday in November, 1980, in accordance with Article VIII,
section 3 of the state Constitution, in accordance with Article II, section 1
of the state Constitution, and the laws adopted to facilitate the operation
thereof." [1979 ex.s. c 234 § 12.]
Reviser’s note: "This act," chapter 43.99E RCW (1979 ex.s. c 234),
was adopted and ratified by the people at the November 4, 1980, general
election (Referendum Bill No. 38). State Constitution Art. 2 § 1(d)
provides: ". . . Such measure [initiatives and referendums] shall be in
operation on and after the thirtieth day after the election at which it is
approved . . . ."
43.99E.015
General obligation bonds—
Authorized—Issuance, sale, terms—Appropriation
required. For the purpose of providing funds for the
planning, acquisition, construction, and improvement of
water supply facilities within the state, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of sixty-five million
dollars, or so much thereof as may be required, to finance
the improvements defined in this chapter and all costs
incidental thereto. These bonds shall be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. No bonds
authorized by this chapter may be offered for sale without
prior legislative appropriation of the proceeds of the bonds
to be sold. [1990 1st ex.s. c 15 § 8. Prior: 1989 1st ex.s.
c 14 § 11; 1989 c 136 § 4; 1979 ex.s. c 234 § 2.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: See note following RCW 43.83A.020.
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.020 Deposit of proceeds in state and local
improvements revolving account—Water supply facilities—Use. The proceeds from the sale of bonds authorized
(2002 Ed.)
Chapter 43.99E
by this chapter shall be deposited in the state and local
improvements revolving account—water supply facilities
hereby created in the general fund and shall be used exclusively for the purpose specified in this chapter and for payment of the expenses incurred in the issuance and sale of the
bonds. [1979 ex.s. c 234 § 3.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.025 Administration of proceeds. The
proceeds from the sale of the bonds deposited in the state
and local improvements revolving account—water supply
facilities of the general fund under the terms of this chapter
shall be divided into two shares as follows:
(1) Seventy-five million dollars, or so much thereof as
may be required, shall be used for domestic, municipal, and
industrial water supply facilities; and
(2) Fifty million dollars, or so much thereof as may be
required, shall be used for water supply facilities for agricultural use alone or in combination with fishery, recreational,
or other beneficial uses of water.
The share of seventy-five million dollars shall be
administered by the department of health and the share of
fifty million dollars shall be administered by the department
of ecology, subject to legislative appropriation. The administering departments may use or permit the use of any funds
derived from the sale of bonds authorized under this chapter
to accomplish the purpose for the issuance of the bonds by
direct expenditures and by grants or loans to public bodies,
including grants to public bodies as matching funds in any
case where federal, local, or other funds are made available
on a matching basis for improvements within the purposes
of this chapter. [1991 c 3 § 302; 1979 ex.s. c 234 § 4.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.030 Definitions. As used in this chapter, the
term "water supply facilities" means domestic, municipal,
industrial, and agricultural (and any associated fishery,
recreational, or other beneficial use) water supply or distribution systems including but not limited to all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to the
acquisition, construction, installation, or use of any such
water supply or distribution system.
As used in this chapter, the term "public body" means
the state of Washington or any agency, political subdivision,
taxing district, or municipal or public corporation thereof; a
board of joint control; an agency of the federal government;
and those Indian tribes which may constitutionally receive
grants or loans from the state of Washington. [1996 c 320
§ 21; 1979 ex.s. c 234 § 5.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.035 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
forms, terms, conditions, and covenants of the bonds; the
time or times of sale of all or any portion of them; and the
[Title 43 RCW—page 425]
43.99E.035
Title 43 RCW: State Government—Executive
conditions and manner of their sale and issuance. [1989 c
136 § 5; 1979 ex.s. c 234 § 6.]
Intent—1989 c 136: See note following RCW 43.83A.020.
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.040 Anticipation notes—Payment—Pledge
and promise—Seal. When the state finance committee has
decided to issue the bonds, or a portion of the bonds, it may,
pending the issuance of the bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be
designated as "anticipation notes". The portion of the
proceeds of the sale of the bonds as may be required for this
purpose shall be applied to the payment of the principal of
and interest on the anticipation notes which have been
issued. The bonds and notes shall pledge the full faith and
credit of the state of Washington and shall contain an
unconditional promise to pay the principal and interest when
due. The state finance committee may authorize the use of
a printed facsimile of the seal of the state of Washington in
the issuance of the bonds and notes. [1979 ex.s. c 234 § 7.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.045 Retirement of bonds from public water
supply facilities bond redemption fund—Remedies of
bondholders—Debt-limit general fund bond retirement
account. The public water supply facilities bond redemption
fund is created in the state treasury. This fund shall be
exclusively devoted to the payment of interest on and
retirement of the bonds authorized by this chapter. The state
finance committee shall, on or before June 30th of each year,
certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in
the public water supply facilities bond redemption fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date. The owner and
holder of each of the bonds or the trustee for the owner and
holder of any of the bonds may by mandamus or other
appropriate proceeding require the transfer and payment of
funds as directed in this section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997
and becomes effective prior to the issuance of any of the
bonds authorized by this chapter, the debt-limit general fund
bond retirement account shall be used for the purposes of
this chapter in lieu of the public water supply facilities bond
redemption fund. [1997 c 456 § 13; 1979 ex.s. c 234 § 8.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
State general obligation bond retirement fund: RCW 43.83.160.
43.99E.050 Legislature may provide additional
means for payment of bonds. The legislature may provide
[Title 43 RCW—page 426]
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized in this chapter,
and this chapter shall not be considered to provide an
exclusive method for the payment. [1979 ex.s. c 234 § 9.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.055 Bonds legal investment for public funds.
The bonds authorized in this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1979 ex.s. c 234 §
10.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.900 Severability—1979 ex.s. c 234. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 234 § 11.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
Chapter 43.99F
WASTE DISPOSAL FACILITIES—
1980 BOND ISSUE
(REFERENDUM 39)
Sections
43.99F.010 Declaration.
43.99F.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99F.030 Deposit of proceeds in state and local improvements revolving account, Waste Disposal Facilities, 1980—Use.
43.99F.040 Administration of proceeds.
43.99F.050 Definitions.
43.99F.060 Form, terms, conditions, etc., of bonds.
43.99F.070 Anticipation notes—Payment—Pledge and promise—Seal.
43.99F.080 Retirement of bonds from waste disposal facilities bond
redemption fund—Remedies of bondholders—Debt-limit
general fund bond retirement account.
43.99F.090 Legislature may provide additional means for payment of
bonds.
43.99F.100 Bonds legal investment for public funds.
43.99F.110 Referral to electorate.
43.99F.010 Declaration. The long-range development
goals for the state of Washington must include the protection
of the resources and environment of the state, the health and
safety of its people, and the beneficial uses of water by
providing facilities and systems, among others, for the
general control, collection, treatment, or disposal of nonradioactive solid and nonradioactive liquid waste materials.
The purpose of this chapter is to assist the state and local
governments in providing that protection but it is not the
purpose of this chapter to provide funding for facilities
which encourage development. A high priority in the
expenditure of these funds shall be the protection of solesource aquifers designated pursuant to the federal Safe
Drinking Water Act (88 Stat. 1660) which aquifers have
been designated as of July 24, 1983. [1983 c 269 § 1; 1980
c 159 § 1.]
(2002 Ed.)
Waste Disposal Facilities—1980 Bond Issue (Referendum 39)
43.99F.020 General obligation bonds—Authorized—
Issuance, sale, terms—Appropriation required. For the
purpose of providing funds to public bodies for the planning,
design, acquisition, construction, and improvement of public
waste disposal and management facilities, or for purposes of
assisting a public body to obtain an ownership interest in
waste disposal and management facilities and/or to defray a
part of the payments made by a public body to a service provider under a service agreement entered into pursuant to
RCW 70.150.060, in this state, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of three hundred thirty million
dollars, or so much thereof as may be required, to finance
the improvements defined in this chapter and all costs
incidental thereto. The department may not use or permit
the use of any funds derived from the sale of bonds authorized by this chapter for: (1) the support of a solid waste
recycling activity or service in a locale if the department
determines that the activity or service is reasonably available
to persons within that locale from private enterprise; or (2)
the construction of municipal wastewater facilities unless
said facilities have been approved by a general purpose unit
of local government in accordance with chapter 36.94 RCW,
chapter 35.67 RCW, or RCW 57.16.010. These bonds shall
be paid and discharged within thirty years of the date of
issuance. No bonds authorized by this chapter shall be
offered for sale without prior legislative appropriation of the
proceeds of the bonds to be sold. [1996 c 230 § 1611; 1990
1st ex.s. c 15 § 9. Prior: 1989 1st ex.s. c 14 § 12; 1989 c
136 § 6; 1987 c 436 § 2; 1980 c 159 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: See note following RCW 43.83A.020.
43.99F.030 Deposit of proceeds in state and local
improvements revolving account, Waste Disposal Facilities, 1980—Use. The proceeds from the sale of bonds
authorized by this chapter shall be deposited in the state and
local improvements revolving account, Waste Disposal
Facilities, 1980 hereby created in the state treasury and shall
be used exclusively for the purpose specified in this chapter
and for payment of the expenses incurred in the issuance and
sale of the bonds. [1991 sp.s. c 13 § 44; 1985 c 57 § 56;
1980 c 159 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.99F.040 Administration of proceeds. The
proceeds from the sale of the bonds deposited in the state
and local improvements revolving account, Waste Disposal
Facilities, 1980 of the general fund under the terms of this
chapter shall be administered by the state department of
ecology subject to legislative appropriation. The department
may use or permit the use of any funds derived from the
sale of bonds authorized under this chapter to accomplish the
purpose for which the bonds are issued by direct expenditures and by grants or loans to public bodies, including
(2002 Ed.)
43.99F.020
grants to public bodies as cost-sharing funds in any case
where federal, local, or other funds are made available on a
cost-sharing basis for improvements within the purposes of
this chapter. The department shall ensure that funds derived
from the sale of bonds authorized under this chapter do not
constitute more than seventy-five percent of the total cost of
any waste disposal or management facility. Not more than
two percent of the proceeds of the bond issue may be used
by the department of ecology in relation to the administration of the expenditures, grants, and loans.
At least one hundred fifty million dollars of the proceeds of the bonds authorized by this chapter shall be used
exclusively for waste management systems capable of
producing renewable energy or energy savings as a result of
the management of the wastes. "Renewable energy" means,
but is not limited to, the production of steam, hot water for
steam heat, electricity, cogeneration, gas, or fuel through the
use of wastes by incineration, refuse-derived fuel processes,
pyrolysis, hydrolysis, or bioconversion, and energy savings
through material recovery from waste source separation
and/or recycling.
Integration of the management and operation of systems
for solid waste disposal with systems of liquid waste
disposal holds promise of improved waste disposal efficiency
and greater environmental protection and restoration. To
encourage the planning for and development of such integration, the department may provide for special grant incentives
to public bodies which plan for or operate integrated waste
disposal management systems.
Funds provided for waste disposal and management
facilities under this chapter may be used for payments to a
service provider under a service agreement pursuant to RCW
70.150.060. If funds are to be used for such payments, the
department may make periodic disbursements to a public
body or may make a single lump sum disbursement.
Disbursements of funds with respect to a facility owned or
operated by a service provider shall be equivalent in value
to disbursements that would otherwise be made if that
facility were owned or operated by a public body. Payments
under this chapter for waste disposal and management facilities made to public bodies entering into service agreements pursuant to RCW 70.150.060 shall not exceed
amounts paid to public bodies not entering into service
agreements. [1998 c 245 § 80; 1996 c 37 § 1; 1987 c 436
§ 3; 1980 c 159 § 4.]
43.99F.050 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Waste disposal and management facilities" means
any facilities or systems for the control, collection, storage,
treatment, disposal, recycling, or recovery of nonradioactive
liquid wastes or nonradioactive solid wastes, or a combination thereof, including but not limited to, sanitary sewage,
storm water, residential, industrial, commercial, and agricultural wastes, and concentrations of organic sediments waste,
inorganic nutrients, and toxic materials which are causing
environmental degradation and loss of the beneficial use of
the environment, and material segregated into recyclables
[Title 43 RCW—page 427]
43.99F.050
Title 43 RCW: State Government—Executive
and nonrecyclables. Waste disposal and management facilities may include all equipment, utilities, structures, real
property, and interest in and improvements on real property
necessary for or incidental to such purpose. As used in this
chapter, the phrase "waste disposal and management facilities" shall not include the acquisition of equipment used to
collect residential or commercial garbage.
(2) "Public body" means the state of Washington or any
agency, political subdivision, taxing district, or municipal
corporation thereof, an agency of the federal government,
and those Indian tribes now or hereafter recognized as such
by the federal government.
(3) "Control" means those measures necessary to
maintain and/or restore the beneficial uses of polluted land
and water resources including, but not limited to, the
diversion, sedimentation, flocculation, dredge and disposal,
or containment or treatment of nutrients, organic waste, and
toxic material to restore the beneficial use of the state’s land
and water resources and prevent the continued pollution of
these resources.
(4) "Planning" means the development of comprehensive
plans for the purpose of identifying statewide or regional
needs for specific waste disposal facilities as well as the
development of plans specific to a particular project.
(5) "Department" means the department of ecology.
[1987 c 436 § 4; 1980 c 159 § 5.]
43.99F.060 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance. [1989 c
136 § 7; 1980 c 159 § 6.]
Intent—1989 c 136: See note following RCW 43.83A.020.
43.99F.070 Anticipation notes—Payment—Pledge
and promise—Seal. When the state finance committee has
decided to issue the bonds, or a portion thereof, it may,
pending the issuing of the bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be
designated as "anticipation notes." Such portion of the
proceeds of the sale of the bonds as may be required for this
purpose shall be applied to the payment of the principal of
and interest on any of these anticipation notes which have
been issued. The bonds and notes shall pledge the full faith
and credit of the state of Washington and shall contain an
unconditional promise to pay the principal and interest when
due. The state finance committee may authorize the use of
a printed facsimile of the seal of the state of Washington in
the issuance of the bonds and notes. [1980 c 159 § 7.]
43.99F.080 Retirement of bonds from waste disposal facilities bond redemption fund—Remedies of bondholders—Debt-limit general fund bond retirement
account. The waste disposal facilities bond redemption fund
shall be used for the purpose of the payment of the principal
of and redemption premium, if any, and interest on the
bonds and the bond anticipation notes authorized to be
issued under this chapter.
[Title 43 RCW—page 428]
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on the
bonds. Not less than thirty days prior to the date on which
any interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the waste
disposal facilities bond redemption fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date. The owner and holder of each of the
bonds or the trustee for any of the bonds may by mandamus
or other appropriate proceeding require the transfer and
payment of funds as directed in this chapter.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997
and becomes effective prior to the issuance of any of the
bonds authorized by this chapter, the debt-limit general fund
bond retirement account shall be used for the purposes of
this chapter in lieu of the waste disposal facilities bond
redemption fund. [1997 c 456 § 14; 1980 c 159 § 8.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99F.090 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized in this chapter,
and this chapter shall not be deemed to provide an exclusive
method for such payment. [1980 c 159 § 9.]
43.99F.100 Bonds legal investment for public funds.
The bonds authorized in this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1980 c 159 § 10.]
43.99F.110 Referral to electorate. This act shall be
submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1980, in accordance with the provisions of Article VIII,
section 3, of the Constitution of the state of Washington, and
in accordance with the provisions of Article II, section 1, of
the Constitution of the state of Washington, as amended, and
the laws adopted to facilitate the operation thereof. [1980 c
159 § 12.]
Reviser’s note: "This act," chapter 43.99F RCW, was adopted and
ratified by the people at the November 4, 1980, general election (Referendum Bill No. 39). State Constitution Art. 2 § 1(d) provides: ". . . Such
measure [initiatives and referendums] shall be in operation on and after the
thirtieth day after the election at which it is approved . . . ."
Chapter 43.99G
BONDS FOR CAPITAL PROJECTS
Sections
1985 BOND ISSUE
43.99G.010 General obligation bonds authorized—Terms—Appropriation
required—Short-term obligations.
43.99G.020 Conditions and limitations—Deposit of proceeds—
Administration.
(2002 Ed.)
Bonds for Capital Projects
43.99G.030 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.040 Retirement of bonds from nondebt-limit reimbursable bond
retirement account.
43.99G.050 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.060 Pledge and promise—Remedies of bondholders.
43.99G.070 Institutions of higher education—Apportionment of principal
and interest payments—Transfer of moneys to general
fund.
43.99G.080 Legislature may provide additional means for payment of
bonds.
43.99G.090 Bonds legal investment for public funds.
1987 BOND ISSUE
43.99G.100 General obligation bonds authorized—Terms—Appropriation
required—Short-term obligations.
43.99G.102 Conditions and limitations—Deposit of proceeds—
Administration.
43.99G.104 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.108 Pledge and promise—Remedies of bondholders.
43.99G.112 Legislature may provide additional means for payment of
bonds.
43.99G.114 Bonds legal investment for public funds.
2002 BOND ISSUE
43.99G.120 General obligation bonds authorized.
43.99G.122 Proceeds—Deposit—Use.
43.99G.124 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.126 Pledge and promise—Remedies of bondholders.
43.99G.128 Additional means for payment of bonds.
43.99G.130 Bonds legal investment for public funds.
CONSTRUCTION
43.99G.900
43.99G.901
43.99G.902
43.99G.903
Severability—1985 ex.s. c 4.
Severability—1987 1st ex.s. c 3.
Severability—2002 c 240.
Effective date—2002 c 240.
1985 BOND ISSUE
43.99G.010 General obligation bonds authorized—
Terms—Appropriation required—Short-term obligations.
The state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
two hundred eighty-five million eight hundred fifty-one
thousand dollars, or so much thereof as may be required, to
finance the projects authorized in RCW 43.99G.020 and all
costs incidental thereto.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts and at such
price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee may obtain insurance or letters
of credit and may authorize the execution and delivery of
agreements, promissory notes, and other obligations for the
purpose of insuring the payment or enhancing the marketability of bonds authorized in this section. Promissory
notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state
to pay the principal of or interest on the bonds with respect
to which the same relate.
(2002 Ed.)
Chapter 43.99G
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1985 ex.s. c 4 § 1.]
43.99G.020 Conditions and limitations—Deposit of
proceeds—Administration. Bonds issued under RCW
43.99G.010 are subject to the following conditions and
limitations:
(1) General obligation bonds of the state of Washington
in the sum of thirty-eight million fifty-four thousand dollars,
or so much thereof as may be required, shall be issued for
the purpose of providing funds for grants and loans to local
governments and subdivisions of the state for capital projects
through the community economic revitalization board and for
the department of general administration, military department, parks and recreation commission, and department of
corrections to acquire real property and perform capital
projects which consist of the planning, designing, constructing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, lands, and
waters, and to provide for the administrative cost of such
projects, including costs of bond issuance and retirement,
salaries and related costs of officials and employees of the
state, costs of insurance or credit enhancement agreements,
and other expenses incidental to the administration of capital
projects. The proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited in the state
building construction account, shall be used exclusively for
the purposes specified in this subsection and for the payment
of expenses incurred in the issuance and sale of the bonds
issued for the purposes of this subsection, and shall be
administered by the department of general administration,
subject to legislative appropriation.
(2) General obligation bonds of the state of Washington
in the sum of four million six hundred thirty-five thousand
dollars, or so much thereof as may be required, shall be
issued for the purpose of providing funds for the planning,
design, acquisition, construction, and improvement of a
Washington state agricultural trade center, and to provide for
the administrative cost of such projects, including costs of
bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this
subsection shall be deposited in the state building construction account, shall be used exclusively for the purposes
specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered as provided in the capital budget acts, subject to legislative
appropriation.
(3) General obligation bonds of the state of Washington
in the sum of twenty-five million dollars, or so much thereof
as may be required, shall be issued for the purpose of
providing funds for the department of social and health
services and the department of corrections to perform capital
projects which consist of the planning, designing, construct[Title 43 RCW—page 429]
43.99G.020
Title 43 RCW: State Government—Executive
ing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, and grounds, and to
provide for the administrative cost of such projects, including
costs of bond issuance and retirement, salaries and related
costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other
expenses incidental to the administration of capital projects.
The proceeds from the sale of the bonds issued for the
purposes of this subsection shall be deposited in the social
and health services construction account, shall be used
exclusively for the purposes specified in this subsection and
for the payment of expenses incurred in the issuance and
sale of the bonds issued for the purposes of this subsection,
and shall be administered by the department of social and
health services, subject to legislative appropriation.
(4) General obligation bonds of the state of Washington
in the sum of one million dollars, or so much thereof as may
be required, shall be issued for the purpose of providing
funds for the *department of fisheries to acquire real property and perform capital projects which consist of the
planning, designing, constructing, remodeling, repairing,
furnishing, and equipping of state buildings, structures,
utilities, roads, grounds, lands, and waters, and to provide for
the administrative cost of such projects, including costs of
bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this
subsection shall be deposited in the fisheries capital projects
account, shall be used exclusively for the purposes specified
in this subsection and for the payment of expenses incurred
in the issuance and sale of the bonds issued for the purposes
of this subsection, and shall be administered by the department of fisheries, subject to legislative appropriation.
(5) General obligation bonds of the state of Washington
in the sum of fifty-three million dollars, or so much thereof
as may be required, shall be issued for the purpose of
providing funds for state agencies and the institutions of
higher education, including the community colleges, to
perform capital renewal projects which consist of the
planning, designing, constructing, remodeling, repairing,
furnishing, and equipping of state buildings, structures, utilities, roads, grounds, lands, and waters, and to provide for the
administrative cost of such projects, including costs of bond
issuance and retirement, salaries and related costs of officials
and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to
the administration of capital projects. The proceeds from the
sale of the bonds issued for the purposes of this subsection
shall be deposited in the state facilities renewal account
hereby created in the state treasury, shall be used exclusively
for the purposes specified in this subsection and for the
payment of expenses incurred in the issuance and sale of the
bonds issued for the purposes of this subsection, and shall be
administered as provided in the capital budget acts, subject
to legislative appropriation.
(6) General obligation bonds of the state of Washington
in the sum of twenty-two million dollars, or so much thereof
as may be required, shall be issued for the purpose of
providing funds for the University of Washington and the
state community colleges to perform capital projects which
[Title 43 RCW—page 430]
consist of the planning, designing, constructing, remodeling,
repairing, improving, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, and lands, and
to provide for the administrative cost of such projects,
including costs of bond issuance and retirement, salaries and
related costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other
expenses incidental to the administration of capital projects.
The proceeds from the sale of the bonds issued for the
purposes of this subsection shall be deposited in the higher
education reimbursable short-term bond account hereby
created in the state treasury, shall be used exclusively for the
purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this subsection, and shall be
administered by the University of Washington, subject to
legislative appropriation.
(7) General obligation bonds of the state of Washington
in the sum of twenty-eight million dollars, or so much
thereof as may be required, shall be issued for the purpose
of providing funds for the institutions of higher education to
perform capital projects which consist of the planning,
designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, and lands, and to provide for the administrative cost
of such projects, including costs of bond issuance and
retirement, salaries and related costs of officials and employees of the state, costs of insurance or credit enhancement
agreements, and other expenses incidental to the administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be
deposited in the higher education construction account, shall
be used exclusively for the purposes specified in this
subsection and for the payment of expenses incurred in the
issuance and sale of the bonds issued for the purposes of this
subsection, and shall be administered by Washington State
University, subject to legislative appropriation.
(8) General obligation bonds of the state of Washington
in the sum of seventy-five million dollars, or so much
thereof as may be required, shall be issued for the purpose
of providing funds for the institutions of higher education,
including facilities for the community college system, to
perform capital projects which consist of the planning,
designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, and lands, and to provide for the administrative cost
of such projects, including costs of bond issuance and
retirement, salaries and related costs of officials and employees of the state, costs of insurance or credit enhancement
agreements, and other expenses incidental to the administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee may direct the
state treasurer to deposit therein, shall be deposited in the
state higher education construction account in the state
treasury and shall be used exclusively for the purposes
specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the
purposes of this subsection. [1989 1st ex.s. c 14 § 13; 1988
c 36 § 22; 1986 c 103 § 1; 1985 ex.s. c 4 § 2.]
(2002 Ed.)
Bonds for Capital Projects
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.030 Retirement of bonds from debt-limit
general fund bond retirement account. Both principal of
and interest on the bonds issued for the purposes specified
in RCW 43.99G.020 (1) through (6) shall be payable from
the debt-limit general fund bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account such amounts and
at such times as are required by the bond proceedings.
[1997 c 456 § 15; 1989 1st ex.s. c 14 § 19; 1985 ex.s. c 4
§ 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.040 Retirement of bonds from nondebt-limit
reimbursable bond retirement account. Both principal of
and interest on the bonds issued for the purposes of RCW
43.99G.020(7) shall be payable from the nondebt-limit
reimbursable bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the
nondebt-limit reimbursable bond retirement account such
amounts and at such times as are required by the bond
proceedings. [1997 c 456 § 16; 1989 1st ex.s. c 14 § 20;
1985 ex.s. c 4 § 4.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.050 Retirement of bonds from debt-limit
general fund bond retirement account. Both principal of
and interest on the bonds issued for the purposes of RCW
43.99G.020(8) shall be payable from the debt-limit general
fund bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account such amounts and
at such times as are required by the bond proceedings.
[1997 c 456 § 17; 1989 1st ex.s. c 14 § 21; 1985 ex.s. c 4
§ 5.]
Severability—1997 c 456: See RCW 43.99L.900.
(2002 Ed.)
43.99G.020
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.060 Pledge and promise—Remedies of
bondholders. Bonds issued under RCW 43.99G.010 shall
state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1985 ex.s. c 4 § 6.]
43.99G.070 Institutions of higher education—
Apportionment of principal and interest payments—
Transfer of moneys to general fund. On or before June
30th of each year and in accordance with the provisions of
the bond proceedings the state finance committee shall determine the relative shares of the principal and interest
payments determined pursuant to RCW 43.99G.040, exclusive of deposit interest credit, attributable to each of the
institutions of higher education in proportion to the principal
amount of bonds issued for the purposes of RCW
43.99G.020(7) for projects for each institution. On each date
on which any interest or principal and interest payment is
due, the board of regents or the board of trustees of each
institution of higher education shall cause the amount so
computed to be paid out of the appropriate building account
or capital projects account to the state treasurer for deposit
into the general fund of the state treasury. [1989 1st ex.s. c
14 § 22; 1985 ex.s. c 4 § 7.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.080 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99G.010, and RCW 43.99G.030 through 43.99G.050 shall
not be deemed to provide an exclusive method for the
payment. [1985 ex.s. c 4 § 8.]
43.99G.090 Bonds legal investment for public funds.
The bonds authorized in RCW 43.99G.010 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [1985 ex.s. c 4
§ 9.]
1987 BOND ISSUE
43.99G.100 General obligation bonds authorized—
Terms—Appropriation required—Short-term obligations.
The state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
four hundred twelve million three hundred thousand dollars,
or so much thereof as may be required, to finance the
projects described and authorized by the legislature in the
[Title 43 RCW—page 431]
43.99G.100
Title 43 RCW: State Government—Executive
capital and operating appropriations acts for the 1987-1989
fiscal biennium and subsequent fiscal biennia, and all costs
incidental thereto.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee may obtain insurance or letters
of credit and may authorize the execution and delivery of
agreements, promissory notes, and other obligations for the
purpose of insuring the payment or enhancing the marketability of bonds authorized in this section. Promissory
notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state
to pay the principal of or interest on the bonds with respect
to which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1987 1st ex.s. c 3 § 1.]
43.99G.102 Conditions and limitations—Deposit of
proceeds—Administration. Bonds issued under RCW
43.99G.100 are subject to the following conditions and
limitations:
General obligation bonds of the state of Washington in
the sum of four hundred four million four hundred thousand
dollars, or so much thereof as may be required, shall be
issued for the purposes described and authorized by the
legislature in the capital and operating appropriations acts for
the 1987-1989 fiscal biennium and subsequent fiscal biennia,
and to provide for the administrative cost of such projects,
including costs of bond issuance and retirement, salaries and
related costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other
expenses incidental to the administration of capital projects.
Subject to such changes as may be required in the appropriations acts, the proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited as follows:
One hundred forty million five hundred thousand dollars
in the state building construction account created in RCW
43.83.020.
These proceeds shall be used exclusively for the
purposes specified in this subsection, and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this subsection, and shall be
administered by the office of financial management, subject
to legislative appropriation. [1989 1st ex.s. c 14 § 14; 1987
1st ex.s. c 3 § 2.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.104 Retirement of bonds from debt-limit
general fund bond retirement account. Both principal of
and interest on the bonds issued for the purposes specified
[Title 43 RCW—page 432]
in RCW 43.99G.102 shall be payable from the debt-limit
general fund bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account such amounts and
at such times as are required by the bond proceedings.
[1997 c 456 § 18; 1989 1st ex.s. c 14 § 23; 1987 1st ex.s. c
3 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.108 Pledge and promise—Remedies of
bondholders. Bonds issued under RCW 43.99G.100 shall
state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1987 1st ex.s. c 3 § 5.]
43.99G.112 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99G.100 and 43.99G.104 shall not be deemed to provide
an exclusive method for the payment. [1989 1st ex.s. c 14
§ 24; 1987 1st ex.s. c 3 § 7.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.114 Bonds legal investment for public funds.
The bonds authorized in RCW 43.99G.100 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [1987 1st ex.s.
c 3 § 8.]
2002 BOND ISSUE
43.99G.120 General obligation bonds authorized.
For the purpose of providing funds for the construction,
reconstruction, planning, design, and other necessary costs of
the various facilities defined in chapter 238, Laws of 2002,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
eighty-nine million seven hundred thousand dollars, or as
much thereof as may be required, to finance these projects
and all costs incidental thereto. Bonds authorized in this
section may be sold at such price as the state finance
committee shall determine. No bonds authorized in this
section may be offered for sale without prior legislative
(2002 Ed.)
Bonds for Capital Projects
appropriation of the net proceeds of the sale of the bonds.
[2002 c 240 § 1.]
Reviser’s note: 2002 c 240 directed that "sections 1 through 6 of this
act" be codified as a new chapter in Title 43 RCW. "Sections 1 through 6
of this act" have been codified as RCW 43.99G.120 through 43.99G.130,
in the chapter dealing with bonds for capital projects.
43.99G.122 Proceeds—Deposit—Use. (1) The
proceeds from the sale of the bonds authorized in RCW
43.99G.120 shall be deposited in the state building construction account created by RCW 43.83.020, with eighty-seven
million five hundred thousand dollars to remain in the state
building construction account created by RCW 43.83.020.
If the state finance committee deems it necessary to issue the
bonds authorized in RCW 43.99G.120 as taxable bonds in
order to comply with federal internal revenue service rules
and regulations pertaining to the use of nontaxable bond
proceeds, the proceeds of such additional taxable bonds shall
be transferred to the state taxable building construction
account in lieu of any transfer otherwise provided by this
section. The state treasurer shall submit written notice to the
director of financial management if it is determined that any
such additional transfer to the state taxable building construction account is necessary. Moneys in the account may
be spent only after appropriation.
(2) These proceeds shall be used exclusively for the
purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to
legislative appropriation. [2002 c 240 § 2.]
43.99G.124 Retirement of bonds from debt-limit
general fund bond retirement account. (1) The debt-limit
general fund bond retirement account shall be used for the
payment of the principal of and interest on the bonds
authorized in RCW 43.99G.120.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99G.120.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99G.120 the state treasurer shall withdraw from any
general state revenues received in the state treasury and
deposit in the debt-limit general fund bond retirement
account an amount equal to the amount certified by the state
finance committee to be due on the payment date. [2002 c
240 § 3.]
43.99G.126 Pledge and promise—Remedies of
bondholders. (1) Bonds issued under RCW 43.99G.120
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
(2002 Ed.)
43.99G.120
transfer and payment of funds as directed in this section.
[2002 c 240 § 4.]
43.99G.128 Additional means for payment of bonds.
The legislature may provide additional means for raising
moneys for the payment of the principal of and interest on
the bonds authorized in RCW 43.99G.120, and RCW
43.99G.122 and 43.99G.124 shall not be deemed to provide
an exclusive method for the payment. [2002 c 240 § 5.]
43.99G.130 Bonds legal investment for public funds.
The bonds authorized in RCW 43.99G.120 shall be a legal
investment for all state funds or funds under state control
and for all funds of any other public body. [2002 c 240 §
6.]
CONSTRUCTION
43.99G.900 Severability—1985 ex.s. c 4. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1985 ex.s. c 4 § 16.]
43.99G.901 Severability—1987 1st ex.s. c 3. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 1st ex.s. c 3 § 13.]
43.99G.902 Severability—2002 c 240. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2002 c 240 § 10.]
43.99G.903 Effective date—2002 c 240. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 28, 2002]. [2002 c 240 § 11.]
Chapter 43.99H
FINANCING FOR APPROPRIATIONS—
1989-1991 BIENNIUM
Sections
43.99H.010 1989-1991 Fiscal biennium—General obligation bonds for
capital and operating appropriations act.
43.99H.020 Conditions and limitations.
43.99H.030 Retirement of bonds.
43.99H.040 Retirement of bonds.
43.99H.050 Pledge and promise—Remedies.
43.99H.060 Reimbursement of general fund.
43.99H.070 East capitol campus construction account—Additional means
of reimbursement.
43.99H.080 1989-1991 Fiscal biennium general obligation bonds for
capital and operating appropriations act—Additional
means for payment of principal and interest.
43.99H.090 1989-1991 Fiscal biennium general obligation bonds for
capital and operating appropriations act—Legal investment.
[Title 43 RCW—page 433]
Chapter 43.99H
Title 43 RCW: State Government—Executive
43.99H.900 Severability—1989 1st ex.s. c 14.
43.99H.901 Effective dates—1989 1st ex.s. c 14.
43.99H.010 1989-1991 Fiscal biennium—General
obligation bonds for capital and operating appropriations
act. The state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one billion four hundred four million dollars, or so
much thereof as may be required, to finance the projects
described and authorized by the legislature in the capital and
operating appropriations acts for the 1989-1991 fiscal
biennium and subsequent fiscal biennia, and all costs
incidental thereto, and to provide for reimbursement of bondfunded accounts from the 1987-1989 fiscal biennium.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee may obtain insurance, letters of
credit, or other credit enhancements and may authorize the
execution and delivery of agreements, promissory notes, and
other obligations for the purpose of insuring the payment or
enhancing the marketability of bonds authorized in this
section. Promissory notes or other obligations issued
pursuant to this section shall not constitute a debt or the
contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1990 1st ex.s. c 15 § 1; 1989
1st ex.s. c 14 § 1.]
Severability—1990 1st ex.s. c 15: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 15 § 14.]
43.99H.020 Conditions and limitations. Bonds
issued under RCW 43.99H.010 are subject to the following
conditions and limitations:
General obligation bonds of the state of Washington in
the sum of one billion four hundred four million dollars, or
so much thereof as may be required, shall be issued for the
purposes described and authorized by the legislature in the
capital and operating appropriations acts for the 1989-91
fiscal biennium and subsequent fiscal biennia, and to provide
for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the administration of capital projects, and to provide
for reimbursement of bond-funded accounts from the
1987-89 fiscal biennium. Subject to such changes as may be
required in the appropriations acts, the proceeds from the
sale of the bonds issued for the purposes of this subsection
shall be deposited in the state building construction account
created by RCW 43.83.020 and transferred as follows:
[Title 43 RCW—page 434]
(1) Thirty million dollars to the state and local improvements revolving account—waste disposal facilities, created
by RCW 43.83A.030, to be used for the purposes described
in RCW 43.83A.020;
(2) Five million three hundred thousand dollars to the
salmon enhancement construction account created by *RCW
75.48.030;
(3) One hundred twenty million dollars to the state and
local improvements revolving account—waste disposal
facilities, 1980 created by RCW 43.99F.030, to be used for
the purposes described in RCW 43.99F.020;
(4) Forty million dollars to the common school construction fund as referenced in RCW 28A.515.320.
(5) Three million two hundred thousand dollars to the
state higher education construction account created by RCW
28B.10.851;
(6) Eight hundred five million dollars to the state
building construction account created by RCW 43.83.020;
(7) Nine hundred fifty thousand dollars to the higher
education reimbursable short-term bond account created by
RCW 43.99G.020(6);
(8) Twenty-nine million seven hundred thirty thousand
dollars to the outdoor recreation account created by **RCW
43.99.060;
(9) Sixty million dollars to the state and local improvements revolving account—water supply facilities, created by
RCW 43.99E.020 to be used for the purposes described in
chapter 43.99E RCW;
(10) Four million three hundred thousand dollars to the
state social and health services construction account created
by RCW 43.83H.030;
(11) Two hundred fifty thousand dollars to the fisheries
capital projects account created by RCW 43.83I.040;
(12) Four million nine hundred thousand dollars to the
state facilities renewal account created by RCW
43.99G.020(5);
(13) Two million three hundred thousand dollars to the
essential rail assistance account created by ***RCW
47.76.030;
(14) One million one hundred thousand dollars to the
essential rail bank account hereby created in the state
treasury;
(15) Seventy-three million dollars to the east capitol
campus construction account hereby created in the state
treasury;
(16) Eight million dollars to the higher education
construction account created in RCW 28B.14D.040;
(17) Sixty-three million two hundred thousand dollars to
the labor and industries construction account hereby created
in the state treasury;
(18) Seventy-five million dollars to the higher education
construction account created by RCW 28B.14D.040;
(19) Twenty-six million five hundred fifty thousand
dollars to the habitat conservation account hereby created in
the state treasury; and
(20) Eight million dollars to the public safety reimbursable bond account hereby created in the state treasury.
These proceeds shall be used exclusively for the
purposes specified in this subsection, and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be adminis(2002 Ed.)
Financing for Appropriations—1989-1991 Biennium
tered by the office of financial management, subject to
legislative appropriation.
Bonds authorized for the purposes of subsection (17) of
this section shall be issued only after the director of the
department of labor and industries has certified, based on
reasonable estimates, that sufficient revenues will be available from the accident fund created in RCW 51.44.010 and
the medical aid fund created in RCW 51.44.020 to meet the
requirements of RCW 43.99H.060(4) during the life of the
bonds.
Bonds authorized for the purposes of subsection (18) of
this section shall be issued only after the board of regents of
the University of Washington has certified, based on reasonable estimates, that sufficient revenues will be available from
nonappropriated local funds to meet the requirements of
RCW 43.99H.060(4) during the life of the bonds. [1990 1st
ex.s. c 15 § 2; 1990 c 33 § 582; 1989 1st ex.s. c 14 § 2.]
Reviser’s note: (1) This section was amended by 1990 c 33 § 582
and by 1990 1st ex.s. c 15 § 2, each without reference to the other. Both
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
*(2) RCW 75.48.030 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
**(3) RCW 43.99.060 was recodified as RCW 79A.25.060 pursuant
to 1999 c 249 § 1601.
***(4) RCW 47.76.030 was recodified as RCW 47.76.250 pursuant
to 1993 c 224 § 15.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
43.99H.030 Retirement of bonds. Both principal of
and interest on the bonds issued for the purposes specified
in RCW 43.99H.020 (1) through (3), (5) through (14), and
(19) shall be payable from the debt-limit general fund bond
retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the debt-limit
general fund bond retirement account such amounts and at
such times as are required by the bond proceedings. [1997
c 456 § 19; 1991 sp.s. c 31 § 13; 1990 1st ex.s. c 15 § 4;
1989 1st ex.s. c 14 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.040 Retirement of bonds. (1) Both principal
of and interest on the bonds issued for the purposes of RCW
43.99H.020(16) shall be payable from the nondebt-limit
reimbursable bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
(2002 Ed.)
43.99H.020
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the nondebt-limit
reimbursable bond retirement account such amounts and at
such times as are required by the bond proceedings.
(2) Both principal of and interest on the bonds issued
for the purposes of RCW 43.99H.020(15) shall be payable
from the debt-limit reimbursable bond retirement account
and nondebt-limit reimbursable bond retirement account as
set forth under RCW 43.99H.060(2).
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the debt-limit
reimbursable bond retirement account and nondebt-limit
reimbursable bond retirement account as set forth under
RCW 43.99H.060(2) such amounts and at such times as are
required by the bond proceedings.
(3) Both principal of and interest on the bonds issued
for the purposes of RCW 43.99H.020(17) shall be payable
from the nondebt-limit proprietary appropriated bond
retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the nondebt-limit
proprietary appropriated bond retirement account such
amounts and at such times as are required by the bond
proceedings.
(4) Both principal of and interest on the bonds issued
for the purposes of RCW 43.99H.020(18) shall be payable
from the nondebt-limit reimbursable bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the nondebt-limit
reimbursable bond retirement account such amounts and at
such times as are required by the bond proceedings.
(5) Both principal of and interest on the bonds issued
for the purposes of RCW 43.99H.020(20) shall be payable
from the nondebt-limit reimbursable bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the nondebt-limit
reimbursable bond retirement account such amounts and at
such times as are required by the bond proceedings.
[Title 43 RCW—page 435]
43.99H.040
Title 43 RCW: State Government—Executive
(6) Both principal of and interest on the bonds issued
for the purposes of RCW 43.99H.020(4) shall be payable
from the nondebt-limit general fund bond retirement account.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the nondebt-limit
general fund bond retirement account such amounts and at
such times as are required by the bond proceedings. [1997
c 456 § 20; 1991 sp.s. c 31 § 14; 1990 1st ex.s. c 15 § 5;
1989 1st ex.s. c 14 § 4.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.050 Pledge and promise—Remedies. Bonds
issued under RCW 43.99H.010 shall state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
an unconditional promise to pay the principal and interest as
the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1989 1st ex.s. c 14 § 5.]
43.99H.060 Reimbursement of general fund. (1)
For bonds issued for the purposes of RCW 43.99H.020(16),
on each date on which any interest or principal and interest
payment is due, the board of regents or the board of trustees
of Washington State University shall cause the amount
computed in RCW 43.99H.040(1) to be paid out of the
appropriate building account or capital projects account to
the state treasurer for deposit into the general fund of the
state treasury.
(2) For bonds issued for the purposes of RCW
43.99H.020(15), on each date on which any interest or
principal and interest payment is due, the state treasurer shall
transfer the amount computed in RCW 43.99H.040(2) from
the capitol campus reserve account, hereby created in the
state treasury, to the general fund of the state treasury. At
the time of sale of the bonds issued for the purposes of
RCW 43.99H.020(15), and on or before June 30th of each
succeeding year while such bonds remain outstanding, the
state finance committee shall determine, based on current
balances and estimated receipts and expenditures from the
capitol campus reserve account, that portion of principal and
interest on such RCW 43.99H.020(15) bonds which will, by
virtue of payments from the capitol campus reserve account,
be reimbursed from sources other than "general state
revenues" as that term is defined in Article VIII, section 1 of
the state Constitution. The amount so determined by the
state finance committee, as from time to time adjusted in
accordance with this subsection, shall not constitute indebt[Title 43 RCW—page 436]
edness for purposes of the limitations set forth in RCW
39.42.060.
(3) For bonds issued for the purposes of RCW
43.99H.020(17), on each date on which any interest or
principal and interest payment is due, the director of the
department of labor and industries shall cause fifty percent
of the amount computed in RCW 43.99H.040(3) to be
transferred from the accident fund created in RCW 51.44.010
and fifty percent of the amount computed in RCW
43.99H.040(3) to be transferred from the medical aid fund
created in RCW 51.44.020, to the general fund of the state
treasury.
(4) For bonds issued for the purposes of RCW
43.99H.020(18), on each date on which any interest or
principal and interest payment is due, the board of regents of
the University of Washington shall cause the amount
computed in RCW 43.99H.040(4) to be paid out of University of Washington nonappropriated local funds to the state
treasurer for deposit into the general fund of the state treasury.
(5) For bonds issued for the purposes of RCW
43.99H.020(20), on each date on which any interest or
principal and interest payment is due, the state treasurer shall
transfer the amount computed in RCW 43.99H.040(5) from
the public safety and education account created in RCW
43.08.250 to the general fund of the state treasury.
(6) For bonds issued for the purposes of RCW
43.99H.020(4), on each date on which any interest or
principal and interest payment is due, the state treasurer shall
transfer from property taxes in the state general fund levied
for the support of the common schools under RCW
84.52.065 to the general fund of the state treasury for unrestricted use the amount computed in RCW 43.99H.040(6).
[1991 sp.s. c 31 § 15; 1990 1st ex.s. c 15 § 6; 1989 1st ex.s.
c 14 § 6.]
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.070 East capitol campus construction
account—Additional means of reimbursement. In
addition to any other charges authorized by law and to assist
in the reimbursement of principal and interest payments on
bonds issued for the purposes of RCW 43.99H.020(15), the
following revenues may be collected:
(1) The director of general administration may assess a
charge against each state board, commission, agency, office,
department, activity, or other occupant of the facility or
building constructed with bonds issued for the purposes of
RCW 43.99H.020(15) for payment of a proportion of costs
for each square foot of floor space assigned to or occupied
by the entity. Payment of the amount billed to the entity for
such occupancy shall be made quarterly during each fiscal
year. The director of general administration shall deposit the
payment in the capitol campus reserve account.
(2) The director of general administration may pledge a
portion of the parking rental income collected by the
department of general administration from parking space
developed as a part of the facility constructed with bonds
issued for the purposes of RCW 43.99H.020(15). The
pledged portion of this income shall be deposited in the
(2002 Ed.)
Financing for Appropriations—1989-1991 Biennium
capitol campus reserve account. The unpledged portion of
this income shall continue to be deposited in the state
vehicle parking account.
(3) The state treasurer shall transfer four million dollars
from the capitol building construction account to the capitol
campus reserve account each fiscal year from 1990 to 1995.
Beginning in fiscal year 1996, the director of general
administration, in consultation with the state finance committee, shall determine the necessary amount for the state
treasurer to transfer from the capitol building construction
account to the capitol campus reserve account for the
purpose of repayment of the general fund of the costs of the
bonds issued for the purposes of RCW 43.99H.020(15).
(4) Any remaining balance in the state building and
parking bond redemption account after the final debt service
payment shall be transferred to the capitol campus reserve
account. [1995 c 215 § 6; 1989 1st ex.s. c 14 § 7.]
43.99H.080 1989-1991 Fiscal biennium general
obligation bonds for capital and operating appropriations
act—Additional means for payment of principal and
interest. The legislature may provide additional means for
raising moneys for the payment of the principal and interest
on the bonds authorized in RCW 43.99H.010. RCW
43.99H.030 and 43.99H.040 shall not be deemed to provide
an exclusive method for the payment. [1990 1st ex.s. c 15
§ 3; 1989 1st ex.s. c 14 § 8.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.090 1989-1991 Fiscal biennium general
obligation bonds for capital and operating appropriations
act—Legal investment. The bonds authorized in RCW
43.99H.010 shall be a legal investment for all state funds or
funds under state control and for all funds of any other
public body. [1989 1st ex.s. c 14 § 9.]
43.99H.900 Severability—1989 1st ex.s. c 14. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 1st ex.s. c 14 § 26.]
43.99H.901 Effective dates—1989 1st ex.s. c 14.
This act is necessary for the immediate preservation of the
public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take
effect July 1, 1989, except for section 18 of this act which
shall take effect immediately [June 1, 1989]. [1989 1st ex.s.
c 14 § 28.]
Chapter 43.99I
FINANCING FOR APPROPRIATIONS—
1991-1993 BIENNIUM
Sections
43.99I.010
43.99I.020
43.99I.030
43.99I.040
(2002 Ed.)
1991-1993 Fiscal biennium—General obligation bonds for
capital and operating appropriations act.
Conditions and limitations.
Retirement of bonds.
Reimbursement of general fund.
43.99I.060
43.99I.070
43.99I.080
43.99I.090
43.99I.100
43.99I.110
43.99I.900
43.99H.070
Pledge and promise—Remedies.
Additional means for payment of principal and interest.
Legal investment.
Dairy products commission—Bond conditions and limitations.
Data processing building construction account.
Dairy products commission facility account.
Severability—1991 sp.s. c 31.
43.99I.010 1991-1993 Fiscal biennium—General
obligation bonds for capital and operating appropriations
act. The state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one billion two hundred eighty-four million dollars,
or so much thereof as may be required, to finance the
projects described and authorized by the legislature in the
capital and operating appropriations acts for the 1991-1993
fiscal biennium and subsequent fiscal biennia, and all costs
incidental thereto.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee may obtain insurance, letters of
credit, or other credit enhancements and may authorize the
execution and delivery of agreements, promissory notes, and
other obligations for the purpose of insuring the payment or
enhancing the marketability of bonds authorized in this
section. Promissory notes or other obligations issued
pursuant to this section shall not constitute a debt or the
contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1992 c 235 § 1; 1991 sp.s. c
31 § 1.]
43.99I.020 Conditions and limitations. Bonds issued
under RCW 43.99I.010 are subject to the following conditions and limitations:
General obligation bonds of the state of Washington in
the sum of one billion two hundred seventy-one million
sixty-five thousand dollars, or so much thereof as may be
required, shall be issued for the purposes described and
authorized by the legislature in the capital and operating
appropriations acts for the 1991-93 fiscal biennium and
subsequent fiscal biennia, and to provide for the administrative cost of such projects, including costs of bond issuance
and retirement, salaries and related costs of officials and
employees of the state, costs of insurance or credit enhancement agreements, and other expenses incidental to the
administration of capital projects. Subject to such changes
as may be required in the appropriations acts, the proceeds
from the sale of the bonds issued for the purposes of this
subsection shall be deposited in the state building construction account created by RCW 43.83.020 and transferred as
follows:
[Title 43 RCW—page 437]
43.99I.020
Title 43 RCW: State Government—Executive
(1) Eight hundred thirty-five thousand dollars to the
state higher education construction account created by RCW
28B.10.851;
(2) Eight hundred seventy-one million dollars to the
state building construction account created by RCW
43.83.020;
(3) Two million eight hundred thousand dollars to the
energy efficiency services account created by *RCW
39.35C.110;
(4) Two hundred fifty-five million five hundred thousand dollars to the common school reimbursable construction
account hereby created in the state treasury;
(5) Ninety-eight million six hundred forty-eight thousand
dollars to the higher education reimbursable construction
account hereby created in the state treasury;
(6) Three million two hundred eighty-four thousand
dollars to the data processing building construction account
created in RCW 43.99I.100; and
(7) Nine hundred thousand dollars to the Washington
state dairy products commission facility account created in
RCW 43.99I.110.
These proceeds shall be used exclusively for the
purposes specified in this subsection, and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management, subject to
legislative appropriation. [1997 c 456 § 38; 1992 c 235 § 2;
1991 sp.s. c 31 § 2.]
*Reviser’s note: RCW 39.35C.110 was repealed by 2001 c 292 § 4.
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.030 Retirement of bonds. (1)(a) Both
principal of and interest on the bonds issued for the purposes
specified in RCW 43.99I.020 (1) and (2) shall be payable
from the debt-limit general fund bond retirement account.
(b) Both principal of and interest on the bonds issued
for the purposes specified in RCW 43.99I.020(3) shall be
payable from the nondebt-limit proprietary appropriated bond
retirement account.
(c) Both principal of and interest on the bonds issued
for the purposes specified in RCW 43.99I.020(4) shall be
payable from the nondebt-limit general fund bond retirement
account.
(d) Both principal of and interest on the bonds issued
for the purposes specified in RCW 43.99I.020 (5) and (6)
shall be payable from the nondebt-limit reimbursable bond
retirement account.
(e) Both principal of and interest on the bonds issued
for the purposes specified in RCW 43.99I.020(7) shall be
payable from the nondebt-limit proprietary nonappropriated
bond retirement account.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the appropriate
account as set forth under subsection (1) of this section such
[Title 43 RCW—page 438]
amounts and at such times as are required by the bond
proceedings. [1997 c 456 § 21; 1991 sp.s. c 31 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.040 Reimbursement of general fund. (1) On
each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of RCW
43.99I.020(4), the state treasurer shall transfer from property
taxes in the state general fund levied for this support of the
common schools under RCW 84.52.065 to the general fund
of the state treasury for unrestricted use the amount computed in RCW 43.99I.030 for the bonds issued for the purposes
of RCW 43.99I.020(4).
(2) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99I.020(5), the state treasurer shall transfer from
higher education operating fees deposited in the general fund
to the general fund of the state treasury for unrestricted use,
or if chapter 231, Laws of 1992 (Senate Bill No. 6285)
becomes law and changes the disposition of higher education
operating fees from the general fund to another account, the
state treasurer shall transfer the proportional share from the
University of Washington operating fees account, the
Washington State University operating fees account, and the
Central Washington University operating fees account the
amount computed in RCW 43.99I.030 for the bonds issued
for the purposes of RCW 43.99I.020(6).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99I.020(6), the state treasurer shall transfer from
the data processing revolving fund created in RCW
43.105.080 to the general fund of the state treasury the
amount computed in RCW 43.99I.030 for the bonds issued
for the purposes of RCW 43.99I.020(6).
(4) On each date on which any interest or principal and
interest payment is due on bonds issued for the purpose of
RCW 43.99I.020(7), the Washington state dairy products
commission shall cause the amount computed in RCW
43.99I.030 for the bonds issued for the purposes of RCW
43.99I.020(7) to be paid out of the commission’s general
operating fund to the state treasurer for deposit into the
general fund of the state treasury.
(5) The higher education operating fee accounts for the
University of Washington, Washington State University, and
Central Washington University established by chapter 231,
Laws of 1992 and repealed by chapter 18, Laws of 1993 1st
sp. sess. are reestablished in the state treasury for purposes
of fulfilling debt service reimbursement transfers to the
general fund required by bond resolutions and covenants for
bonds issued for purposes of RCW 43.99I.020(5).
(6) For bonds issued for purposes of RCW
43.99I.020(5), on each date on which any interest or principal and interest payment is due, the board of regents or
board of trustees of the University of Washington, Washington State University, or Central Washington University shall
cause the amount as determined by the state treasurer to be
paid out of the local operating fee account for deposit by the
universities into the state treasury higher education operating
fee accounts. The state treasurer shall transfer the proportional share from the University of Washington operating
(2002 Ed.)
Financing for Appropriations—1991-1993 Biennium
43.99I.040
fees account, the Washington State University operating fees
account, and the Central Washington University operating
fees account the amount computed in RCW 43.99I.030 for
the bonds issued for the purposes of RCW 43.99I.020(6) to
reimburse the general fund. [1997 c 456 § 39; 1992 c 235
§ 3; 1991 sp.s. c 31 § 4.]
Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for
acquisition, renovation, or construction of a permanent
facility for the Washington state dairy products commission.
[1992 c 235 § 8.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.900 Severability—1991 sp.s. c 31. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 sp.s. c 31 § 18.]
43.99I.060 Pledge and promise—Remedies. Bonds
issued under RCW 43.99I.010 shall state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
an unconditional promise to pay the principal and interest as
the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1991 sp.s. c 31 § 6.]
43.99I.070 Additional means for payment of
principal and interest. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99I.010, and RCW 43.99I.030 and 43.99I.040 shall not be
deemed to provide an exclusive method for the payment.
[1991 sp.s. c 31 § 7.]
43.99I.080 Legal investment. The bonds authorized
in RCW 43.99I.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1991 sp.s. c 31 § 8.]
43.99I.090 Dairy products commission—Bond
conditions and limitations. The bonds authorized by RCW
43.99I.020(7) shall be issued only after the director of
financial management has (a) certified that, based on the
future income from assessments levied pursuant to chapter
15.44 RCW and other revenues collected by the Washington
state dairy products commission, an adequate balance will be
maintained in the commission’s general operating fund to
pay the interest or principal and interest payments due under
RCW 43.99I.040(3) for the life of the bonds; and (b)
approved the facility to be acquired using the bond proceeds.
[1997 c 456 § 40; 1992 c 235 § 5.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.100 Data processing building construction
account. The data processing building construction account
is created in the state treasury. Moneys in the account may
be spent only after appropriation. Expenditures from the
account may be used only for acquisition of land for and
construction of a data processing building. [1992 c 235 § 7.]
43.99I.110 Dairy products commission facility
account. The Washington state dairy products commission
facility account is hereby created in the state treasury.
(2002 Ed.)
Chapter 43.99J
FINANCING FOR APPROPRIATIONS—
1993-1995 BIENNIUM
Sections
43.99J.010 1993-1995 Fiscal biennium—General obligation bonds for
capital and operating appropriations acts.
43.99J.020 Conditions and limitations.
43.99J.030 Retirement of bonds—Pledge and promise—Remedies.
43.99J.040 Additional means for payment of principal and interest.
43.99J.050 Legal investment.
43.99J.060 Washington state fruit commission—Reimbursement of
general fund.
43.99J.070 Washington state fruit commission—Bond conditions and
limitations.
43.99J.080 Fruit commission facility account.
43.99J.900 Severability—1993 sp.s. c 12.
43.99J.010 1993-1995 Fiscal biennium—General
obligation bonds for capital and operating appropriations
acts. For the purpose of providing funds to finance the
projects described and authorized by the legislature in the
capital and operating appropriations acts for the 1993-95
fiscal biennium, and all costs incidental thereto, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of nine hundred
twenty-six million seven hundred thirty-seven thousand
dollars, or so much thereof as may be required, to finance
these projects and all costs incidental thereto. Bonds
authorized in this section may be sold at such price as the
state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior
legislative appropriation of the net proceeds of the sale of
the bonds. [1993 sp.s. c 12 § 1.]
43.99J.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99J.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred as follows:
(1) Nine hundred three million dollars to remain in the
state building construction account created by RCW
43.83.020; and
(2) One million five hundred thousand dollars to the
fruit commission facility account.
These proceeds shall be used exclusively for the
purposes specified in this section, and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be adminis-
[Title 43 RCW—page 439]
43.99J.020
Title 43 RCW: State Government—Executive
tered by the office of financial management subject to
legislative appropriation. [1993 sp.s. c 12 § 2.]
Reviser’s note: The 1994 publication of this code section inadvertently omitted two lines of text. The full text of the law is reprinted here.
43.99J.030 Retirement of bonds—Pledge and
promise—Remedies. (1)(a) The debt-limit general fund
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99J.020(1).
(b) The nondebt-limit proprietary nonappropriated bond
retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99J.020(2).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. On the date on which
any interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account or nondebt-limit
proprietary nonappropriated bond retirement account, as
necessary, an amount equal to the amount certified by the
state finance committee to be due on the payment date.
(3) Bonds issued under RCW 43.99J.010 shall state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
(4) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1997 c 456 § 22; 1993 sp.s. c 12 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99J.040 Additional means for payment of
principal and interest. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99J.010, and RCW 43.99J.030 shall not be deemed to
provide an exclusive method for the payment. [1993 sp.s. c
12 § 7.]
43.99J.050 Legal investment. The bonds authorized
in RCW 43.99J.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1993 sp.s. c 12 § 8.]
43.99J.060 Washington state fruit commission—
Reimbursement of general fund. On each date on which
any interest or principal and interest payment is due for the
purposes of RCW 43.99J.020(2), the Washington state fruit
commission shall cause the amount computed by the state
finance committee in RCW 43.99J.030 for the purposes of
RCW 43.99J.020(2) to be paid out of the commission’s
general operating fund to the state treasurer for deposit into
the general fund of the state treasury. [1993 sp.s. c 12 § 4.]
[Title 43 RCW—page 440]
43.99J.070 Washington state fruit commission—
Bond conditions and limitations. The bonds authorized in
RCW 43.99J.020(2) may be issued only after the director of
financial management has: (1) Certified that, based on the
future income from assessments levied under this chapter
and other revenues collected by the commission, an adequate
balance will be maintained in the commission’s general
operating fund to pay the interest or principal and interest
payments due under RCW 43.99J.060 for the life of the
bonds; and (2) approved the plans for facility. [1993 sp.s.
c 12 § 5.]
43.99J.080 Fruit commission facility account. The
fruit commission facility account is created in the state
treasury. Moneys in the account may be spent only after
appropriation. [1993 sp.s. c 12 § 6.]
43.99J.900 Severability—1993 sp.s. c 12. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 sp.s. c 12 § 10.]
Chapter 43.99K
FINANCING FOR APPROPRIATIONS—
1995-1997 BIENNIUM
Sections
43.99K.010 1995-1997 Fiscal biennium—General obligation bonds for
capital and operating appropriations acts.
43.99K.020 Conditions and limitations.
43.99K.030 Retirement of bonds—Reimbursement of general fund—
Pledge and promise—Remedies.
43.99K.040 Additional means for payment of principal and interest.
43.99K.050 Legal investment.
43.99K.900 Severability—1995 2nd sp.s. c 17.
43.99K.010 1995-1997 Fiscal biennium—General
obligation bonds for capital and operating appropriations
acts. For the purpose of providing funds to finance the
projects described and authorized by the legislature in the
capital and operating appropriations acts for the 1995-97
fiscal biennium only, and all costs incidental thereto, the
state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
eight hundred sixty-seven million one hundred sixty thousand dollars, or as much thereof as may be required, to
finance these projects and all costs incidental thereto. Bonds
authorized in this section may be sold at such price as the
state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior
legislative appropriation of the net proceeds of the sale of
the bonds. [1997 c 456 § 41; 1995 2nd sp.s. c 17 § 1.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99K.020 Conditions and limitations. The
proceeds from the sale of the bonds authorized in RCW
43.99K.010 shall be deposited in the state building construction account created by RCW 43.83.020. The proceeds shall
be transferred as follows:
(2002 Ed.)
Financing for Appropriations—1995-1997 Biennium
(1) Seven hundred eighty-five million four hundred
thirty-eight thousand dollars to remain in the state building
construction account created by RCW 43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by *RCW 43.99.060;
(3) Twenty-one million one hundred thousand dollars to
the habitat conservation account created by *RCW
43.98A.020;
(4) Two million nine hundred twelve thousand dollars
to the public safety reimbursable bond account; and
(5) Ten million dollars to the higher education construction account created by RCW 28B.14D.040.
These proceeds shall be used exclusively for the
purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to
legislative appropriation. [1997 c 456 § 42; 1995 2nd sp.s.
c 17 § 2.]
*Reviser’s note: RCW 43.99.060 and 43.98A.020 were recodified as
RCW 79A.25.060 and 79A.15.020, respectively, pursuant to 1999 c 249 §
1601.
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99K.030 Retirement of bonds—Reimbursement
of general fund—Pledge and promise—Remedies. (1)(a)
The debt-limit general fund bond retirement account shall be
used for the payment of the principal of and interest on the
bonds authorized in RCW 43.99K.020 (1), (2), and (3).
(b) The debt-limit reimbursable bond retirement account
shall be used for the payment of the principal of and interest
on the bonds authorized in RCW 43.99K.020(4).
(c) The nondebt-limit reimbursable bond retirement
account shall be used for the payment of the principal of and
interest on the bonds authorized in RCW 43.99K.020(5).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the debt-limit general fund bond retirement
account, debt-limit reimbursable bond retirement account,
nondebt-limit reimbursable bond retirement account, as
necessary, an amount equal to the amount certified by the
state finance committee to be due on the payment date.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99K.020(4), the state treasurer shall transfer from
the public safety and education account to the general fund
of the state treasury the amount computed in subsection (2)
of this section for the bonds issued for the purposes of RCW
43.99K.020(4).
(4) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99K.020(5), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the general fund of the state treasury the
(2002 Ed.)
43.99K.020
amount computed in subsection (2) of this section for bonds
issued for the purposes of RCW 43.99K.020(5).
(5) Bonds issued under this section and RCW
43.99K.010 and 43.99K.020 shall state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
an unconditional promise to pay the principal and interest as
the same shall become due.
(6) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1997 c 456 § 23; 1995 2nd sp.s. c 17 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99K.040 Additional means for payment of
principal and interest. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99K.010, and RCW 43.99K.030 shall not be deemed to
provide an exclusive method for the payment. [1995 2nd
sp.s. c 17 § 4.]
43.99K.050 Legal investment. The bonds authorized
in RCW 43.99K.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1995 2nd sp.s. c 17 § 5.]
43.99K.900 Severability—1995 2nd sp.s. c 17. If
any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1995 2nd sp.s. c 17 § 8.]
Chapter 43.99L
FINANCING FOR APPROPRIATIONS—
1997-1999 BIENNIUM
Sections
43.99L.010 General obligation bonds for capital and operating appropriations acts.
43.99L.020 Conditions and limitations.
43.99L.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99L.040 Retirement of bonds—Reimbursement of general fund from
debt-limit reimbursable bond retirement account.
43.99L.050 Retirement of bonds—Reimbursement of general fund from
nondebt-limit reimbursable bond retirement account.
43.99L.060 Pledge and promise—Remedies.
43.99L.070 Payment of principal and interest—Additional means for
raising moneys authorized.
43.99L.080 Legal investment.
43.99L.900 Severability—1997 c 456.
43.99L.010 General obligation bonds for capital and
operating appropriations acts. For the purpose of providing funds to finance the projects described and authorized by
the legislature in the capital and operating appropriations acts
for the 1997-99 fiscal biennium only, and all costs incidental
thereto, the state finance committee is authorized to issue
[Title 43 RCW—page 441]
43.99L.010
Title 43 RCW: State Government—Executive
general obligation bonds of the state of Washington in the
sum of nine hundred eighty-nine million dollars, or as much
thereof as may be required, to finance these projects and all
costs incidental thereto. Bonds authorized in this section
may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [1997 c 456 § 1.]
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purpose of
RCW 43.99L.020(2), the state treasurer shall transfer from
the public safety and education account to the debt-limit
reimbursable bond retirement account the amount computed
in subsection (2) of this section for the bonds issued for the
purpose of RCW 43.99L.020(2). [1997 c 456 § 4.]
43.99L.020 Conditions and limitations. The proceeds from the sale of the bonds authorized in RCW
43.99L.010 shall be deposited in the state building construction account created by RCW 43.83.020. The proceeds shall
be transferred as follows:
(1) Nine hundred fifteen million dollars to remain in the
state building construction account created by RCW
43.83.020;
(2) One million six hundred thousand dollars to the
public safety reimbursable bond account; and
(3) Forty-four million three hundred thousand dollars to
the higher education construction account created by RCW
28B.14D.040.
These proceeds shall be used exclusively for the
purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to
legislative appropriation. [1997 c 456 § 2.]
43.99L.050 Retirement of bonds—Reimbursement
of general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99L.020(3).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99L.020(3).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99L.020(3), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the nondebt-limit reimbursable bond retirement account the amount computed in subsection (2) of this
section for bonds issued for the purposes of RCW
43.99L.020(3). [1997 c 456 § 5.]
43.99L.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond
retirement account. (1) The debt-limit general fund bond
retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99L.020(1).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99L.020(1).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purpose of
RCW 43.99L.020(1), the state treasurer shall withdraw from
any general state revenues received in the state treasury and
deposit in the debt-limit general fund bond retirement
account an amount equal to the amount certified by the state
finance committee to be due on the payment date. [1997 c
456 § 3.]
43.99L.040 Retirement of bonds—Reimbursement
of general fund from debt-limit reimbursable bond
retirement account. (1) The debt-limit reimbursable bond
retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99L.020(2).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bonds
[bond] retirement and interest requirements on the bonds authorized in RCW 43.99L.020(2).
[Title 43 RCW—page 442]
43.99L.060 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99L.010 through 43.99L.050
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the
principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1997 c 456 § 6.]
43.99L.070 Payment of principal and interest—
Additional means for raising moneys authorized. The
legislature may provide additional means for raising moneys
for the payment of the principal of and interest on the bonds
authorized in RCW 43.99L.010, and RCW 43.99L.030
through 43.99L.050 shall not be deemed to provide an
exclusive method for the payment. [1997 c 456 § 7.]
43.99L.080 Legal investment. The bonds authorized
in RCW 43.99L.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1997 c 456 § 8.]
43.99L.900 Severability—1997 c 456. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1997 c 456 § 46.]
(2002 Ed.)
Bond Retirement Accounts
Chapter 43.99M
BOND RETIREMENT ACCOUNTS
Sections
43.99M.005
43.99M.010
43.99M.020
43.99M.030
43.99M.040
43.99M.050
43.99M.060
43.99M.070
43.99M.080
43.99M.900
43.99M.901
Findings.
Debt-limit general fund bond retirement account.
Debt-limit reimbursable bond retirement account.
Nondebt-limit general fund bond retirement account.
Nondebt-limit reimbursable bond retirement account.
Nondebt-limit proprietary appropriated bond retirement account.
Nondebt-limit proprietary nonappropriated bond retirement
account.
Nondebt-limit revenue bond retirement account.
Transportation improvement board bond retirement account.
Severability—1997 c 456.
Effective date—1997 c 456 §§ 9-43.
43.99M.005 Findings. (1) The legislature declares
that it is in the best interest of the state and the owners and
holders of the bonds issued by the state and its political
subdivisions that the accounts used by the treasurer for debt
service retirement are accurately designated and named in
statute.
(2) It is the intent of the legislature in this chapter and
sections 10 through 37, chapter 456, Laws of 1997 to create
and change the names of funds and accounts to accomplish
the declaration under subsection (1) of this section. The
legislature does not intend to diminish in any way the
current obligations of the state or its political subdivisions or
diminish in any way the rights of bond owners and holders.
[1997 c 456 § 9.]
Chapter 43.99M
appropriated bond retirement account is created in the state
treasury. This account shall be exclusively devoted to the
payment of principal and interest on and retirement of the
bonds authorized by the legislature. [1997 c 456 § 34.]
43.99M.060
Nondebt-limit proprietary
nonappropriated bond retirement account. The nondebtlimit proprietary nonappropriated bond retirement account is
created in the state treasury. This account shall be exclusively devoted to the payment of principal and interest on
and retirement of the bonds authorized by the legislature.
[1997 c 456 § 35.]
43.99M.070 Nondebt-limit revenue bond retirement
account. The nondebt-limit revenue bond retirement
account is created in the state treasury. This account shall
be exclusively devoted to the payment of principal and
interest on and retirement of the bonds authorized by the
legislature. [1997 c 456 § 36.]
43.99M.080 Transportation improvement board
bond retirement account. The transportation improvement
board bond retirement account is created in the state treasury. This account shall be exclusively devoted to the
payment of principal and interest on and retirement of the
bonds authorized by the legislature. [1997 c 456 § 37.]
43.99M.900
43.99L.900.
Severability—1997 c 456. See RCW
43.99M.010 Debt-limit general fund bond retirement account. The debt-limit general fund bond retirement
account is created in the state treasury. This account shall
be exclusively devoted to the payment of principal and
interest on and retirement of the bonds authorized by the
legislature. [1997 c 456 § 30.]
43.99M.901 Effective date—1997 c 456 §§ 9-43.
Sections 9 through 43 of this act are necessary for the
immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions, and take effect immediately [May 20, 1997].
[1997 c 456 § 47.]
43.99M.020 Debt-limit reimbursable bond retirement account. The debt-limit reimbursable bond retirement
account is created in the state treasury. This account shall
be exclusively devoted to the payment of principal and
interest on and retirement of the bonds authorized by the
legislature. [1997 c 456 § 31.]
Chapter 43.99N
STADIUM AND EXHIBITION CENTER
BOND ISSUE
(REFERENDUM 48)
43.99M.030 Nondebt-limit general fund bond
retirement account. The nondebt-limit general fund bond
retirement account is created in the state treasury. This
account shall be exclusively devoted to the payment of
principal and interest on and retirement of the bonds authorized by the legislature. [1997 c 456 § 32.]
43.99M.040 Nondebt-limit reimbursable bond
retirement account. The nondebt-limit reimbursable bond
retirement account is created in the state treasury. This
account shall be exclusively devoted to the payment of
principal and interest on and retirement of the bonds authorized by the legislature. [1997 c 456 § 33.]
43.99M.050 Nondebt-limit proprietary appropriated
bond retirement account. The nondebt-limit proprietary
(2002 Ed.)
Sections
43.99N.010 Definitions.
43.99N.020 General obligation bonds—Certifications by public stadium
authority—Obligations of team affiliate.
43.99N.030 Escrow agreement, account—Distributions.
43.99N.040 Stadium and exhibition center construction account.
43.99N.050 Payment of principal and interest from nondebt-limit reimbursable bond retirement account—Transfers of certified
amounts—Bonds as general obligation, full faith and
credit, promise to pay—Insufficiency in stadium and
exhibition center account as obligation—Proceedings to
require transfer and payment.
43.99N.060 Stadium and exhibition center account—Youth athletic
facility account—Community outdoor athletic facility
loans and grants.
43.99N.070 Sections null and void if certification not made by office of
financial management—Conditions.
43.99N.080 Additional means for raising moneys authorized.
43.99N.090 Bonds as legal investment.
43.99N.100 Total public share—State contribution limited.
43.99N.110 Bonds exempt from statutory indebtedness.
43.99N.120 Loans—Terms and conditions of repayment and interest.
[Title 43 RCW—page 443]
Chapter 43.99N
Title 43 RCW: State Government—Executive
43.99N.800 Referendum only measure for taxes for stadium and exhibition center—Limiting legislation upon failure to approve—1997 c 220.
43.99N.801 Legislation as opportunity for voter’s decision—Not indication of legislators’ personal vote on referendum proposal—1997 c 220.
43.99N.802 Contingency—Null and void—Team affiliate’s agreement
for reimbursement for election—1997 c 220.
43.99N.803 Referendum—Submittal—Explanatory statement—Voters’
pamphlet—Voting procedures—Canvassing and certification—Reimbursement of counties for costs—No other
elections on stadium and exhibition center—1997 c 220.
43.99N.900 Part headings not law—1997 c 220.
43.99N.901 Severability—1997 c 220.
43.99N.010 Definitions. The definitions in RCW
36.102.010 apply to this chapter. [1997 c 220 § 209
(Referendum Bill No. 48, approved June 17, 1997).]
43.99N.020
General obligation bonds—
Certifications by public stadium authority—Obligations
of team affiliate. (1) For the purpose of providing funds to
pay for operation of the public stadium authority created
under RCW 36.102.020, to pay for the preconstruction, site
acquisition, design, site preparation, construction, owning,
leasing, and equipping of the stadium and exhibition center,
and to reimburse the county or the public stadium authority
for its direct or indirect expenditures or to repay other
indebtedness incurred for these purposes, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of three hundred million
dollars, or so much thereof as may be required, for these
purposes and all costs incidental thereto. Bonds authorized
in this section may be sold at such price as the state finance
committee shall determine.
(2) Bonds shall not be issued under this section unless
the public stadium authority has certified to the director of
financial management that:
(a) A professional football team has made a binding and
legally enforceable contractual commitment to play all of its
regular season and playoff home games in the stadium and
exhibition center, other than games scheduled elsewhere by
the league, for a period of time not shorter than the term of
the bonds issued or to be issued to finance the initial
construction of the stadium and exhibition center;
(b) A team affiliate has entered into one or more
binding and legally enforceable contractual commitments
with a public stadium authority under RCW 36.102.050 that
provide that:
(i) The team affiliate assumes the risks of cost overruns;
(ii) The team affiliate shall raise at least one hundred
million dollars, less the amount, if any, raised by the public
stadium authority under RCW 36.102.060(15). The total one
hundred million dollars raised, which may include cash
payments and in-kind contributions, but does not include any
interest earned on the escrow account described in RCW
43.99N.030, shall be applied toward the reasonably necessary
preconstruction, site acquisition, design, site preparation,
construction, and equipping of the stadium and exhibition
center, or to any associated public purpose separate from
bond-financed expenses. No part of the payment may be
made without the consent of the public stadium authority.
In any event, all amounts to be raised by the team affiliate
under (b)(ii) of this subsection shall be paid or expended
[Title 43 RCW—page 444]
before the completion of the construction of the stadium and
exhibition center. To the extent possible, contributions shall
be structured in a manner that would allow for the issuance
of bonds to construct the stadium and exhibition center that
are exempt from federal income taxes;
(iii) The team affiliate shall deposit at least ten million
dollars into the *youth athletic facility grant account created
in RCW 43.99N.060 upon execution of the lease and
development agreements in RCW 36.102.060 (7) and (8);
(iv) At least ten percent of the seats in the stadium for
home games of the professional football team shall be for
sale at an affordable price. For the purposes of this subsection, "affordable price" means that the price is the average
of the lowest ticket prices charged by all other national football league teams;
(v) One executive suite with a minimum of twenty seats
must be made available, on a lottery basis, as a free upgrade,
at home games of the professional football team, to purchasers of tickets that are not located in executive suites or club
seat areas;
(vi) A nonparticipatory interest in the professional
football team has been granted to the state beginning on the
date on which bonds are issued under this section which
only entitles the state to receive ten percent of the gross
selling price of the interest in the team that is sold if a
majority interest or more of the professional football team is
sold within twenty-five years of the date on which bonds are
issued under the [this] section. The ten percent shall apply
to all preceding sales of interests in the team which comprise
the majority interest sold. This provision shall apply only to
the first sale of such a majority interest. The ten percent
must be deposited in the permanent common school fund.
If the debt is retired at the time of the sale, then the ten
percent may only be used for costs associated with capital
maintenance, capital improvements, renovations, reequipping,
replacement, and operations of the stadium and exhibition
center;
(vii) The team affiliate must provide reasonable office
space to the public stadium authority without charge;
(viii) The team affiliate, in consultation with the public
stadium authority, shall work with surrounding areas to
mitigate the impact of the construction and operation of the
stadium and exhibition center with a budget of at least ten
million dollars dedicated to area mitigation. For purposes of
this subsection, "mitigation" includes, but is not limited to,
parking facilities and amenities, neighborhood beautification
projects and landscaping, financial grants for neighborhood
programs intended to mitigate adverse impacts caused by the
construction and operation of the stadium and exhibition
center, and mitigation measures identified in the environmental impact statement required for the stadium and
exhibition center under chapter 43.21C RCW; and
(ix) Twenty percent of the net profit from the operation
of the exhibition facility of the stadium and exhibition center
shall be deposited into the permanent common school fund.
Profits shall be verified by the public stadium authority.
[1997 c 220 § 210 (Referendum Bill No. 48, approved June
17, 1997).]
*Reviser’s note: The "youth athletic facility grant account" was
renamed the "youth athletic facility account" by 2000 c 137 § 1.
(2002 Ed.)
Stadium and Exhibition Center Bond Issue (Referendum 48)
43.99N.030 Escrow agreement, account—
Distributions. On or before August 1, 1997: (1) The state
treasurer and a team affiliate or an entity that has an option
to become a team affiliate shall enter into an escrow agreement creating an escrow account; and (2) the team affiliate
or the entity that has an option to become a team affiliate
shall deposit the sum of fifty million dollars into the escrow
account as a credit against the obligation of the team affiliate
in RCW 43.99N.020(2)(b)(ii).
The escrow agreement shall provide that the fifty
million dollar deposit shall be invested by the state treasurer
and shall earn interest. If the stadium and exhibition center
project proceeds, then the interest on amounts in the escrow
account shall be for the benefit of the state, and all amounts
in the escrow account, including all principal and interest,
shall be distributed to the stadium and exhibition center account. The escrow agreement shall provide for appropriate
adjustments based on amounts previously and subsequently
raised by the team affiliate under RCW 43.99N.020(2)(b)(ii)
and amounts previously and subsequently raised by the
public stadium authority under RCW 36.102.060(15). If the
stadium and exhibition center project does not proceed, all
principal and the interest in the escrow account shall be
distributed to the team affiliate or the entity that has an
option to become a team affiliate. [1997 c 220 § 211 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.040 Stadium and exhibition center construction account. The proceeds from the sale of the bonds
authorized in RCW 43.99N.020 shall be deposited in the
stadium and exhibition center construction account, hereby
created in the custody of the state treasurer, and shall be
used exclusively for the purposes specified in RCW
43.99N.020 and for the payment of expenses incurred in the
issuance and sale of the bonds. These proceeds shall be
administered by the office of financial management. Only
the director of the office of financial management or the
director’s designee may authorize expenditures from the
account. The account is subject to the allotment procedures
under chapter 43.88 RCW, but an appropriation is not required for expenditures. At the direction of the office of
financial management the state treasurer shall transfer
moneys from the stadium and exhibition center construction
account to the public stadium authority created in RCW
36.102.020 as required by the public stadium authority.
[1997 c 220 § 212 (Referendum Bill No. 48, approved June
17, 1997).]
43.99N.050 Payment of principal and interest from
nondebt-limit reimbursable bond retirement account—
Transfers of certified amounts—Bonds as general obligation, full faith and credit, promise to pay—Insufficiency
in stadium and exhibition center account as obligation—
Proceedings to require transfer and payment. The
nondebt-limit reimbursable bond retirement account shall be
used for the payment of the principal of and interest on the
bonds authorized in RCW 43.99N.020.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. On each date on which
(2002 Ed.)
43.99N.030
any interest or principal and interest payment is due, the
state treasurer shall transfer from the stadium and exhibition
center account to the nondebt-limit reimbursable bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment
date.
Bonds issued under RCW 43.99N.020 shall state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due. If in any year
the amount accumulated in the stadium and exhibition center
account is insufficient for payment of the principal and
interest on the bonds issued under RCW 43.99N.020, the
amount of the insufficiency shall be a continuing obligation
against the stadium and exhibition center account until paid.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1997 c 220 § 213 (Referendum Bill No. 48, approved June
17, 1997).]
43.99N.060 Stadium and exhibition center account—Youth athletic facility account—Community outdoor athletic facility loans and grants. (1) The stadium
and exhibition center account is created in the custody of the
state treasurer. All receipts from the taxes imposed under
RCW 82.14.0494 and distributions under RCW 67.70.240(5)
shall be deposited into the account. Only the director of the
office of financial management or the director’s designee
may authorize expenditures from the account. The account
is subject to allotment procedures under chapter 43.88 RCW.
An appropriation is not required for expenditures from this
account.
(2) Until bonds are issued under RCW 43.99N.020, up
to five million dollars per year beginning January 1, 1999,
shall be used for the purposes of subsection (3)(b) of this
section, all remaining moneys in the account shall be
transferred to the public stadium authority, created under
RCW 36.102.020, to be used for public stadium authority
operations and development of the stadium and exhibition
center.
(3) After bonds are issued under RCW 43.99N.020, all
moneys in the stadium and exhibition center account shall be
used exclusively for the following purposes in the following
priority:
(a) On or before June 30th of each year, the office of
financial management shall accumulate in the stadium and
exhibition center account an amount at least equal to the
amount required in the next succeeding twelve months for
the payment of principal of and interest on the bonds issued
under RCW 43.99N.020;
(b) An additional reserve amount not in excess of the
expected average annual principal and interest requirements
of bonds issued under RCW 43.99N.020 shall be accumulated and maintained in the account, subject to withdrawal by
the state treasurer at any time if necessary to meet the
[Title 43 RCW—page 445]
43.99N.060
Title 43 RCW: State Government—Executive
requirements of (a) of this subsection, and, following any
withdrawal, reaccumulated from the first tax revenues and
other amounts deposited in the account after meeting the
requirements of (a) of this subsection; and
(c) The balance, if any, shall be transferred to the youth
athletic facility account under subsection (4) of this section.
Any revenues derived from the taxes authorized by
RCW 36.38.010(5) and 36.38.040 or other amounts that if
used as provided under (a) and (b) of this subsection would
cause the loss of any tax exemption under federal law for
interest on bonds issued under RCW 43.99N.020 shall be
deposited in and used exclusively for the purposes of the
youth athletic facility account and shall not be used, directly
or indirectly, as a source of payment of principal of or interest on bonds issued under RCW 43.99N.020, or to replace
or reimburse other funds used for that purpose.
(4) Any moneys in the stadium and exhibition center
account not required or permitted to be used for the purposes
described in subsection (3)(a) and (b) of this section shall be
deposited in the youth athletic facility account hereby created
in the state treasury. Expenditures from the account may be
used only for purposes of grants or loans to cities, counties,
and qualified nonprofit organizations for community outdoor
athletic facilities. Only the director of the interagency
committee for outdoor recreation or the director’s designee
may authorize expenditures from the account. The account
is subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures. The
athletic facility grants or loans may be used for acquiring,
developing, equipping, maintaining, and improving community outdoor athletic facilities. Funds shall be divided
equally between the development of new community outdoor
athletic facilities, the improvement of existing community
outdoor athletic facilities, and the maintenance of existing
community outdoor athletic facilities. Cities, counties, and
qualified nonprofit organizations must submit proposals for
grants or loans from the account. To the extent that funds
are available, cities, counties, and qualified nonprofit
organizations must meet eligibility criteria as established by
the director of the interagency committee for outdoor
recreation. The grants and loans shall be awarded on a
competitive application process and the amount of the grant
or loan shall be in proportion to the population of the city or
county for where the community outdoor athletic facility is
located. Grants or loans awarded in any one year need not
be distributed in that year. The director of the interagency
committee for outdoor recreation may expend up to one and
one-half percent of the moneys deposited in the account
created in this subsection for administrative purposes. [2000
c 137 § 1; 1997 c 220 § 214 (Referendum Bill No. 48,
approved June 17, 1997).]
43.99N.070 Sections null and void if certification
not made by office of financial management—Conditions.
Unless *the office of financial management certifies by
December 31, 1997, that the following conditions have been
met, sections 201 through 208, chapter 220, Laws of 1997
are null and void:
(1) The professional football team that will use the
stadium and exhibition center is at least majority-owned and
controlled by, directly or indirectly, one or more persons
[Title 43 RCW—page 446]
who are each residents of the state of Washington and who
have been residents of the state of Washington continuously
since at least January 1, 1993;
(2) The county in which the stadium and exhibition
center is to be constructed has created a public stadium
authority under this chapter to acquire property, construct,
own, remodel, maintain, equip, reequip, repair, and operate
a stadium and exhibition center;
(3) The county in which the stadium and exhibition
center is to be constructed has enacted the taxes authorized
in RCW 36.38.010(5) and 36.38.040; and
(4) The county in which the stadium and exhibition
center is to be constructed pledges to maintain and continue
the taxes authorized in RCW 36.38.010(5), 67.28.180, and
36.38.040 until the bonds authorized in RCW 43.99N.020
are fully redeemed, both principal and interest. [1997 c 220
§ 215 (Referendum Bill No. 48, approved June 17, 1997).]
*Reviser’s note: The office of financial management certified on
December 3, 1997, that the conditions in subsections (1) through (4) of this
section had been met.
43.99N.080 Additional means for raising moneys
authorized. The legislature may provide additional means
for raising moneys for the payment of the principal of and
interest on the bonds authorized in RCW 43.99N.020, and
RCW 43.99N.050 shall not be deemed to provide an
exclusive method for the payment. [1997 c 220 § 216
(Referendum Bill No. 48, approved June 17, 1997).]
43.99N.090 Bonds as legal investment. The bonds
authorized in RCW 43.99N.020 shall be a legal investment
for all state funds or funds under state control and for all
funds of any other public body. [1997 c 220 § 217 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.100 Total public share—State contribution
limited. (1) The total public share of a stadium and exhibition center shall not exceed three hundred million dollars.
For the purposes of this section, "total public share" means
all state and local funds expended for preconstruction and
construction costs of the stadium and exhibition center,
including proceeds of any bonds issued for the purposes of
the stadium and exhibition center, tax revenues, and interest
earned on the escrow account described in RCW 43.99N.030
and not including expenditures for deferred sales taxes.
(2) Sections 201 through 207, chapter 220, Laws of
1997 and this chapter constitute the entire state contribution
for a stadium and exhibition center. The state will not make
any additional contributions based on revised cost or revenue
estimates, cost overruns, unforeseen circumstances, or any
other reason. [1997 c 220 § 218 (Referendum Bill No. 48,
approved June 17, 1997).]
43.99N.110 Bonds exempt from statutory indebtedness. The bonds authorized for the purposes identified in
RCW 43.99N.020 are exempt from the statutory limitations
of indebtedness under RCW 39.42.060. [1997 c 220 § 219
(Referendum Bill No. 48, approved June 17, 1997).]
43.99N.120 Loans—Terms and conditions of
repayment and interest. The Washington state interagency
(2002 Ed.)
Stadium and Exhibition Center Bond Issue (Referendum 48)
committee for outdoor recreation, in consultation with the
community outdoor athletic fields advisory council, shall
establish the terms and conditions of repayment and interest,
based on financial considerations for any loans made under
this section. Loans made under this section shall be low or
no interest. [2000 c 137 § 2.]
43.99N.800 Referendum only measure for taxes for
stadium and exhibition center—Limiting legislation upon
failure to approve—1997 c 220. See RCW 36.102.800.
43.99N.801 Legislation as opportunity for voter’s
decision—Not indication of legislators’ personal vote on
referendum proposal—1997 c 220. See RCW 36.102.801.
43.99N.802 Contingency—Null and void—Team
affiliate’s agreement for reimbursement for election—
1997 c 220. See RCW 36.102.802.
43.99N.803 Referendum—Submittal—Explanatory
statement—Voters’ pamphlet—Voting procedures—
Canvassing and certification—Reimbursement of counties
for costs—No other elections on stadium and exhibition
center—1997 c 220. See RCW 36.102.803.
43.99N.900 Part headings not law—1997 c 220. See
RCW 36.102.900.
43.99N.901
36.102.901.
Severability—1997 c 220. See RCW
Chapter 43.99P
FINANCING FOR APPROPRIATIONS—
1999-2001 BIENNIUM
43.99N.120
No bonds authorized in this section may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds. [1999 c 380 § 1.]
43.99P.020 Conditions and limitations. The proceeds from the sale of the bonds authorized in RCW
43.99P.010 shall be deposited in the state building construction account created by RCW 43.83.020. The proceeds shall
be transferred as follows:
(1) Nine hundred fifty million dollars to remain in the
state building construction account created by RCW
43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by *RCW 43.99.060;
(3) Twenty-two million five hundred thousand dollars to
the habitat conservation account created by *RCW
43.98A.020;
(4) One hundred thirty-six million eight hundred thirtysix thousand dollars to the higher education construction
account created by RCW 28B.14D.040;
(5) Thirty-six million three hundred thousand dollars to
the state higher education construction account created by
RCW 28B.10.851.
These proceeds shall be used exclusively for the
purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to
legislative appropriation. [1999 c 380 § 2.]
*Reviser’s note: RCW 43.99.060 and 43.98A.020 were recodified as
RCW 79A.25.060 and 79A.15.020, respectively, pursuant to 1999 c 249 §
1601.
Sections
43.99P.010 General obligation bonds for capital and operating appropriations acts.
43.99P.020 Conditions and limitations.
43.99P.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99P.040 Retirement of bonds—Reimbursement of general fund from
nondebt-limit reimbursable bond retirement account.
43.99P.050 Pledge and promise—Remedies.
43.99P.060 Payment of principal and interest—Additional means for
raising moneys authorized.
43.99P.070 Legal investment.
43.99P.900 Severability—1999 c 380.
43.99P.901 Effective date—1999 c 380.
43.99P.010 General obligation bonds for capital and
operating appropriations acts. For the purpose of providing funds to finance the projects described and authorized by
the legislature in the capital and operating appropriation acts
for the 1999-01 fiscal biennium only, and all costs incidental
thereto, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one billion two hundred four million two hundred
sixty-five thousand dollars, or as much thereof as may be
required, to finance these projects and all costs incidental
thereto. Bonds authorized in this section may be sold at
such price as the state finance committee shall determine.
43.99P.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond
retirement account. (1) The debt-limit general fund bond
retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99P.020 (1), (2), and (3).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99P.020 (1), (2), and (3).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99P.020 (1), (2), and (3) the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment
date. [1999 c 380 § 3.]
43.99P.040 Retirement of bonds—Reimbursement
of general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99P.020 (4) and (5).
(2002 Ed.)
[Title 43 RCW—page 447]
43.99P.040
Title 43 RCW: State Government—Executive
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99P.020 (4) and (5).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99P.020(4), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the nondebt-limit reimbursement bond
retirement account the amount computed in subsection (2) of
this section for bonds issued for the purposes of RCW
43.99P.020(4).
(4) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99P.020(5), the board of regents of Washington
State University shall cause to be paid out of the Washington
State University nonappropriated funds to the state treasurer
for deposit into the nondebt-limit reimbursement bond
retirement account the amount computed in subsection (2) of
this section for bonds issued for the purposes of RCW
43.99P.020(5). [1999 c 380 § 4.]
43.99P.050 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99P.010 through 43.99P.040
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the
principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1999 c 380 § 5.]
43.99P.060 Payment of principal and interest—
Additional means for raising moneys authorized. The
legislature may provide additional means for raising moneys
for the payment of the principal of and interest on the bonds
authorized in RCW 43.99P.010, and RCW 43.99P.020
through 43.99P.040 shall not be deemed to provide an
exclusive method for the payment. [1999 c 380 § 6.]
43.99P.070 Legal investment. The bonds authorized
in RCW 43.99P.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1999 c 380 § 7.]
43.99P.900 Severability—1999 c 380. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1999 c 380 § 10.]
43.99P.901 Effective date—1999 c 380. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 18, 1999]. [1999 c 380 § 12.]
[Title 43 RCW—page 448]
Chapter 43.99Q
FINANCING FOR APPROPRIATIONS—
2001-2003 BIENNIUM
Sections
43.99Q.010 General obligation bonds for capital and operating appropriations acts.
43.99Q.020 Conditions and limitations.
43.99Q.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99Q.040 Retirement of bonds—Reimbursement of general fund from
nondebt-limit reimbursable bond retirement account.
43.99Q.050 Pledge and promise—Remedies.
43.99Q.060 Payment of principal and interest—Additional means for
raising money authorized.
43.99Q.070 East plaza garage project—General obligation bonds.
43.99Q.080 East plaza garage project—Conditions and limitations.
43.99Q.090 East plaza garage project—Retirement of bonds—
Reimbursement of general fund from nondebt-limit
reimbursable bond retirement account.
43.99Q.100 East plaza garage project—Pledge and promise—Remedies.
43.99Q.110 East plaza garage project—Payment of principal and interest—Additional means for raising moneys authorized.
43.99Q.120 Legislative building rehabilitation project—Finding—
Intent—Exemption from debt limit.
43.99Q.130 Legislative building rehabilitation project—General obligation bonds.
43.99Q.140 Legislative building rehabilitation project—Retirement of
bonds—Reimbursement of general fund from nondebtlimit reimbursable bond retirement account.
43.99Q.150 Legislative building rehabilitation project—Pledge and
promise—Remedies.
43.99Q.160 Legislative building rehabilitation project—Payment of principal and interest—Additional means for raising money
authorized.
43.99Q.170 Legal investment.
43.99Q.900 Severability—2001 2nd sp.s. c 9.
43.99Q.901 Effective date—2001 2nd sp.s. c 9.
43.99Q.010 General obligation bonds for capital
and operating appropriations acts. For the purpose of
providing funds to finance the projects described and
authorized by the legislature in the capital and operating
appropriation acts for the 2001-2003 fiscal biennium, and all
costs incidental thereto, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of nine hundred thirty-five million
five hundred thousand dollars, or as much thereof as may be
required, to finance these projects and all costs incidental
thereto. Bonds authorized in this section may be sold at
such price as the state finance committee shall determine.
No bonds authorized in this section may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds. [2001 2nd sp.s. c 9 § 1.]
43.99Q.020 Conditions and limitations. The
proceeds from the sale of the bonds authorized in RCW
43.99Q.010 shall be deposited in the state building construction account created by RCW 43.83.020. The proceeds shall
be transferred as follows:
(1) Seven hundred seventy-four million two hundred
thousand dollars to remain in the state building construction
account created by RCW 43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by RCW 79A.25.060;
(2002 Ed.)
Financing for Appropriations—2001-2003 Biennium
(3) Twenty-two million five hundred thousand dollars to
the habitat conservation account created by RCW
79A.15.020;
(4) Sixty million dollars to the state taxable building
construction account which is hereby established in the state
treasury. All receipts from taxable bond issues are to be
deposited into the account. If the state finance committee
deems it necessary to issue more than fifty million dollars of
the bonds authorized in RCW 43.99Q.010 as taxable bonds
in order to comply with federal internal revenue service rules
and regulations pertaining to the use of nontaxable bond
proceeds, the proceeds of such additional taxable bonds shall
be transferred to the state taxable building construction
account in lieu of any transfer otherwise provided by this
section. The state treasurer shall submit written notice to the
director of financial management if it is determined that any
such additional transfer to the state taxable building construction account is necessary. Moneys in the account may
be spent only after appropriation;
(5) Twenty-nine million twenty-five thousand dollars to
the higher education construction account created by RCW
28B.140.040 [28B.14D.040].
These proceeds shall be used exclusively for the
purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to
legislative appropriation. [2001 2nd sp.s. c 9 § 2.]
43.99Q.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond
retirement account. (1) The debt-limit general fund bond
retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99Q.020 (1), (2), (3), and (4).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99Q.020 (1), (2), (3), and (4).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99Q.020 (1), (2), (3), and (4) the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the debt-limit general fund
bond retirement account an amount equal to the amount
certified by the state finance committee to be due on the
payment date. [2001 2nd sp.s. c 9 § 3.]
43.99Q.040 Retirement of bonds—Reimbursement
of general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99Q.020(5).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99Q.020(5).
(2002 Ed.)
43.99Q.020
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99Q.020(5), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the nondebt-limit reimbursement bond
retirement account the amount computed in subsection (2) of
this section for bonds issued for the purposes of RCW
43.99Q.020(5). [2001 2nd sp.s. c 9 § 4.]
43.99Q.050 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99Q.010 through 43.99Q.040
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the
principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[2001 2nd sp.s. c 9 § 5.]
43.99Q.060 Payment of principal and interest—
Additional means for raising money authorized. The
legislature may provide additional means for raising moneys
for the payment of the principal of and interest on the bonds
authorized in RCW 43.99Q.010, and RCW 43.99Q.020
through 43.99Q.040 shall not be deemed to provide an
exclusive method for the payment. [2001 2nd sp.s. c 9 § 6.]
43.99Q.070 East plaza garage project—General
obligation bonds. For the purpose of providing funds for
the planning, design, construction, and other necessary costs
for replacing the waterproof membrane over the east plaza
garage and revising related landscaping, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of sixteen million dollars,
or as much thereof as may be required, to finance this
project and all costs incidental thereto. Bonds authorized in
this section may be sold at such price as the state finance
committee shall determine. No bonds authorized in this
section may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
[2001 2nd sp.s. c 9 § 7.]
43.99Q.080 East plaza garage project—Conditions
and limitations. The proceeds from the sale of the bonds
authorized in RCW 43.99Q.070 shall be deposited in the
state building construction account created by RCW
43.83.020. The proceeds shall be transferred as follows:
Fifteen million five hundred twenty thousand dollars to the
state vehicle parking account created by RCW 43.01.225.
These proceeds shall be used exclusively for the
purposes specified in RCW 43.99Q.070 and for the payment
of expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to
legislative appropriation. [2001 2nd sp.s. c 9 § 8.]
[Title 43 RCW—page 449]
43.99Q.090
Title 43 RCW: State Government—Executive
43.99Q.090 East plaza garage project—Retirement
of bonds—Reimbursement of general fund from nondebtlimit reimbursable bond retirement account. (1) The
nondebt-limit reimbursable bond retirement account shall be
used for the payment of the principal of and interest on the
bonds authorized in RCW 43.99Q.070.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements on the bonds authorized
in RCW 43.99Q.070.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99Q.080, the state treasurer shall transfer from the
state vehicle parking account for deposit into the nondebtlimit reimbursable bond retirement account, the amount
computed in subsection (2) of this section for bonds issued
for the purposes of RCW 43.99Q.070. [2001 2nd sp.s. c 9
§ 9.]
43.99Q.100 East plaza garage project—Pledge and
promise—Remedies. (1) Bonds issued under RCW
43.99Q.070 shall state that they are a general obligation of
the state of Washington, shall pledge the full faith and credit
of the state to the payment of the principal thereof and the
interest thereon, and shall contain an unconditional promise
to pay the principal and interest as the same shall become
due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[2001 2nd sp.s. c 9 § 10.]
43.99Q.110 East plaza garage project—Payment of
principal and interest—Additional means for raising
moneys authorized. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized in RCW 43.99Q.070,
and RCW 43.99Q.080 and 43.99Q.090 shall not be deemed
to provide an exclusive method for the payment. [2001 2nd
sp.s. c 9 § 11.]
43.99Q.120 Legislative building rehabilitation
project—Finding—Intent—Exemption from debt limit.
The legislature finds that it is necessary to complete the
rehabilitation of the state legislative building, to extend the
useful life of the building, and provide for the permanent
relocation of offices displaced by the rehabilitation and
create new space for public uses.
Furthermore, it is the intent of the legislature to fund the
majority of the rehabilitation and construction using bonds
repaid by the capitol building construction account, as
provided for in the enabling act and dedicated by the federal
government for the sole purpose of establishing a state
capitol, to fund the cash elements of the project using capital
project surcharge revenues in the Thurston county capital
facilities account, and to support the establishment of a
private foundation to engage the public in the preservation
of the state legislative building and raise private funds for
restoration and educational efforts. The bonds repaid by the
[Title 43 RCW—page 450]
capitol building construction account, whose revenues are
from the sale of capitol building lands, timber, or other
materials, shall be exempt from the state debt limit under
RCW 39.42.060, and if at any time the capitol building
construction account has insufficient revenues to repay the
bonds, the legislature may provide additional means for the
payment of the bonds, but any such additional means shall
be subject to the state debt limit. [2001 2nd sp.s. c 9 § 13.]
43.99Q.130 Legislative building rehabilitation
project—General obligation bonds. For the purpose of
providing funds for the planning, design, construction, and
other necessary costs for the rehabilitation of the state
legislative building, the state finance committee is authorized
to issue general obligation bonds of the state of Washington
in the sum of eighty-two million five hundred ten thousand
dollars or as much thereof as may be required to finance the
rehabilitation and improvements to the legislative building
and all costs incidental thereto. The approved rehabilitation
plan includes costs associated with earthquake repairs and
future earthquake mitigation and allows for associated
relocation costs and the acquisition of appropriate relocation
space. Bonds authorized in this section shall not constitute
indebtedness for purposes of the limitations set forth in
RCW 39.42.060, to the extent that the bond payments are
paid from the capitol building construction account. Bonds
authorized in this section may be sold at a price the state
finance committee determines. No bonds authorized in this
section may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The proceeds of the sale of the bonds issued for the purposes
of this section shall be deposited in the capitol historic
district construction account hereby created in the state
treasury. These proceeds shall be used exclusively for the
purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds
issued for the purposes of this section, and shall be administered by the office of financial management subject to legislative appropriation. [2001 2nd sp.s. c 9 § 14.]
43.99Q.140 Legislative building rehabilitation
project—Retirement of bonds—Reimbursement of
general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account must be used for the payment of the
principal and interest on the bonds authorized in RCW
43.99Q.130.
(2)(a) The state finance committee must, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements on the bonds
authorized in RCW 43.99Q.130.
(b) On or before the date on which any interest or
principal and interest is due, the state treasurer shall transfer
from the capitol building construction account for deposit
into the nondebt-limit reimbursable bond retirement account,
the amount computed in (a) of this subsection for bonds
issued for the purposes of RCW 43.99Q.130.
(3) If the capitol building construction account has
insufficient revenues to pay the principal and interest
computed in subsection (2)(a) of this section, then the
(2002 Ed.)
Financing for Appropriations—2001-2003 Biennium
debt-limit reimbursable bond retirement account shall be
used for the payment of the principal and interest on the
bonds authorized in RCW 43.99Q.130 from any additional
means provided by the legislature. [2001 2nd sp.s. c 9 §
15.]
43.99Q.150 Legislative building rehabilitation
project—Pledge and promise—Remedies. (1) Bonds
issued under RCW 43.99Q.130 shall state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal and interest, and shall contain an unconditional
promise to pay the principal and interest as it becomes due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[2001 2nd sp.s. c 9 § 16.]
43.99Q.160 Legislative building rehabilitation
project—Payment of principal and interest—Additional
means for raising money authorized. The legislature may
provide additional means for raising moneys for the payment
of the principal and interest on the bonds authorized in RCW
43.99Q.130, and RCW 43.99Q.140 and 43.99Q.150 shall not
be deemed to provide an exclusive method for their payment. [2001 2nd sp.s. c 9 § 17.]
43.99Q.170 Legal investment. The bonds authorized
in RCW 43.99Q.010, 43.99Q.070, and 43.99Q.130 shall be
a legal investment for all state funds or funds under state
control and for all funds of any other public body. [2001
2nd sp.s. c 9 § 12.]
43.99Q.900 Severability—2001 2nd sp.s. c 9. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2001 2nd sp.s. c 9 § 20.]
43.99Q.901 Effective date—2001 2nd sp.s. c 9. This
act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [June 26, 2001]. [2001 2nd sp.s. c 9 § 21.]
Chapter 43.101
CRIMINAL JUSTICE TRAINING COMMISSION—
EDUCATION AND TRAINING
STANDARDS BOARDS
Sections
43.101.010
43.101.020
43.101.030
43.101.040
43.101.050
43.101.060
43.101.070
43.101.080
43.101.085
(2002 Ed.)
Definitions.
Commission created—Purpose.
Membership.
Terms of members—Vacancies.
Cessation of membership upon termination of office or employment.
Chair and vice chair—Quorum—Meetings.
Compensation—Reimbursement of travel expenses.
Commission powers and duties—Rules and regulations.
Additional powers and duties.
43.99Q.140
43.101.095 Peace officer certification.
43.101.105 Denial or revocation of peace officer certification.
43.101.115 Denial or revocation of peace officer certification—
Readmission to academy—Reinstatement.
43.101.125 Lapsed peace officer certification—Reinstatement—Rules.
43.101.135 Termination of peace officer—Notification to commission.
43.101.145 Written complaint by law enforcement or law enforcement
agency to deny or revoke peace officer certification—
Immunity of complainant.
43.101.155 Denial or revocation of peace officer certification—
Statement of charges—Notice—Hearing.
43.101.170 Training and education obtained at approved existing institutions.
43.101.180 Priorities.
43.101.190 Receipt of grants, funds or gifts authorized—
Administration—Utilization of federal funds.
43.101.200 Law enforcement personnel—Basic law enforcement training
required—Commission to provide.
43.101.210 Criminal justice training costs—Assessments on bail forfeitures and certain penalties—Criminal justice training
account created.
43.101.220 Training for corrections personnel.
43.101.222 Training for students enrolled at institutions of higher education.
43.101.224 Training for persons investigating child sexual abuse.
43.101.230 Training for Indian tribe officers and employees authorized—Conditions.
43.101.240 Community-police partnership.
43.101.250 Firearms certificate program for private detectives.
43.101.260 Firearms certificate program for security guards.
43.101.270 Sexual assault—Training for investigating and prosecuting.
43.101.280 Ethnic and cultural diversity—Development of curriculum
for understanding—Training.
43.101.290 Training in crimes of malicious harassment.
43.101.300 Juvenile runaways—Policy manual.
43.101.310 Board on law enforcement training standards and education—Board on correctional training standards—
Created—Purpose.
43.101.315 Boards—Membership.
43.101.320 Boards—Terms of members.
43.101.325 Termination of membership upon termination of qualifying
office or employment.
43.101.330 Boards—Chairs—Quorum.
43.101.335 Boards—Travel expenses.
43.101.340 Boards—Powers—Report to commission.
43.101.345 Recommendations of boards—Review by commission.
43.101.350 Core training requirements.
43.101.360 Report to the legislature.
43.101.370 Child abuse and neglect—Intensive training.
43.101.380 Hearings—Standard of proof—Appeals—Judicial review.
43.101.390 Immunity of commission and boards.
43.101.400 Confidentiality of records.
43.101.410 Racial profiling—Policies—Training—Complaint review
process—Data collection and reporting.
43.101.415 Racial profiling—Reports to the legislature.
43.101.900 Severability—1974 ex.s. c 94.
43.101.901 Transfer of conference center.
43.101.902 Effective date—2001 c 167.
43.101.010 Definitions. When used in this chapter:
(1) The term "commission" means the Washington state
criminal justice training commission.
(2) The term "boards" means the education and training
standards boards, the establishment of which are authorized
by this chapter.
(3) The term "criminal justice personnel" means any
person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction,
or enforcement of the criminal law.
(4) The term "law enforcement personnel" means any
public employee or volunteer having as a primary function
the enforcement of criminal laws in general or any employee
[Title 43 RCW—page 451]
43.101.010
Title 43 RCW: State Government—Executive
or volunteer of, or any individual commissioned by, any
municipal, county, state, or combination thereof, agency
having as its primary function the enforcement of criminal
laws in general as distinguished from an agency possessing
peace officer powers, the primary function of which is the
implementation of specialized subject matter areas. For the
purposes of this subsection "primary function" means that
function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any
employee or volunteer who by state, county, municipal, or
combination thereof, statute has the responsibility for the
confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose
civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of
guilty has been accepted, or a verdict of guilty or finding of
guilt has been filed, notwithstanding the pendency of any
future proceedings, including but not limited to sentencing,
posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the
equivalent disposition by a court in a jurisdiction other than
the state of Washington.
(7) "Discharged for disqualifying misconduct" means
terminated from employment for: (a) Conviction of (i) any
crime committed under color of authority as a peace officer,
(ii) any crime involving dishonesty or false statement within
the meaning of Evidence Rule 609(a), (iii) the unlawful use
or possession of a controlled substance, or (iv) any other
crime the conviction of which disqualifies a Washington
citizen from the legal right to possess a firearm under state
or federal law; (b) conduct that would constitute any of the
crimes addressed in (a) of this subsection; or (c) knowingly
making materially false statements during disciplinary
investigations, where the false statements are the sole basis
for the termination.
(8) A peace officer is "discharged for disqualifying
misconduct" within the meaning of subsection (7) of this
section under the ordinary meaning of the term and when the
totality of the circumstances support a finding that the officer
resigned in anticipation of discipline, whether or not the
misconduct was discovered at the time of resignation, and
when such discipline, if carried forward, would more likely
than not have led to discharge for disqualifying misconduct
within the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in
this chapter, "final" means that the peace officer has exhausted all available civil service appeals, collective bargaining
remedies, and all other such direct administrative appeals,
and the officer has not been reinstated as the result of the
action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for
discrimination, or by the pendency or availability of any
remedies other than direct civil service and collective
bargaining remedies.
(10) "Peace officer" means any law enforcement
personnel subject to the basic law enforcement training
requirement of RCW 43.101.200 and any other requirements
of that section, notwithstanding any waiver or exemption
granted by the commission, and notwithstanding the statutory
exemption based on date of initial hire under RCW
43.101.200. Commissioned officers of the Washington state
patrol, whether they have been or may be exempted by rule
[Title 43 RCW—page 452]
of the commission from the basic training requirement of
RCW 43.101.200, are included as peace officers for purposes
of this chapter. Fish and wildlife officers with enforcement
powers for all criminal laws under *RCW 77.12.055 are
peace officers for purposes of this chapter. [2001 c 167 § 1;
1981 c 132 § 2; 1977 ex.s. c 212 § 1; 1974 ex.s. c 94 § 1.]
*Reviser’s note: RCW 77.12.055 was recodified as RCW 77.15.075
by 2001 c 253 § 61.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
43.101.020 Commission created—Purpose. There is
hereby created and established a state commission to be
known and designated as the Washington state criminal justice training commission.
The purpose of such commission shall be to provide
programs and standards for the training of criminal justice
personnel. [1974 ex.s. c 94 § 2.]
43.101.030 Membership. The commission shall
consist of fourteen members, who shall be selected as
follows:
(1) The governor shall appoint two incumbent sheriffs
and two incumbent chiefs of police.
(2) The governor shall appoint one officer at or below
the level of first line supervisor from a county law enforcement agency and one officer at or below the level of first
line supervisor from a municipal law enforcement agency.
Each appointee under this subsection (2) shall have at least
ten years experience as a law enforcement officer.
(3) The governor shall appoint one person employed in
a county correctional system and one person employed in the
state correctional system.
(4) The governor shall appoint one incumbent county
prosecuting attorney or municipal attorney.
(5) The governor shall appoint one elected official of a
local government.
(6) The governor shall appoint one private citizen.
(7) The three remaining members shall be:
(a) The attorney general;
(b) The special agent in charge of the Seattle office of
the federal bureau of investigation; and
(c) The chief of the state patrol. [1999 c 97 § 1; 1981
c 132 § 3; 1979 ex.s. c 55 § 1; 1974 ex.s. c 94 § 3.]
43.101.040 Terms of members—Vacancies. All
members appointed to the commission by the governor shall
be appointed for terms of six years, such terms to commence
on July first, and expire on June thirtieth: PROVIDED, That
of the members first appointed three shall be appointed for
two year terms, three shall be appointed for four year terms,
and three shall be appointed for six year terms: PROVIDED, FURTHER, That the terms of the two members appointed as incumbent police chiefs shall not expire in the same
year nor shall the terms of the two members appointed as
representing correctional systems expire in the same year nor
shall the terms of the two members appointed as incumbent
sheriffs expire in the same year. Any member chosen to fill
a vacancy created otherwise than by expiration of term shall
be appointed for the unexpired term of the member he is to
(2002 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
succeed. Any member may be reappointed for additional
terms. [1974 ex.s. c 94 § 4.]
43.101.050 Cessation of membership upon termination of office or employment. Any member of the commission appointed pursuant to RCW 43.101.030 as an incumbent
official or as an employee in a correctional system, as the
case may be, shall immediately upon the termination of his
holding of said office or employment, cease to be a member
of the commission. [1974 ex.s. c 94 § 5.]
43.101.060 Chair and vice chair—Quorum—
Meetings. The commission shall elect a chair and a vice
chair from among its members. Seven members of the
commission shall constitute a quorum. The governor shall
summon the commission to its first meeting.
Meetings may be called by the chair and shall be called
by him or her upon the written request of six members.
[1999 c 97 § 2; 1974 ex.s. c 94 § 6.]
43.101.070 Compensation—Reimbursement of
travel expenses. Members of the commission shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed for their travel expenses incurred in the
performance of their duties in accordance with RCW
43.03.050 and 43.03.060. Attendance at meetings of the
commission shall be deemed performance by a member of
the duties of his employment. [1984 c 287 § 85; 1975-’76
2nd ex.s. c 34 § 126; 1974 ex.s. c 94 § 7.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.101.080 Commission powers and duties—Rules
and regulations. The commission shall have all of the
following powers:
(1) To meet at such times and places as it may deem
proper;
(2) To adopt any rules and regulations as it may deem
necessary;
(3) To contract for services as it deems necessary in
order to carry out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any
department, agency, or instrumentality in state, county, and
city government, and other commissions affected by or
concerned with the business of the commission;
(5) To do any and all things necessary or convenient to
enable it fully and adequately to perform its duties and to
exercise the power granted to it;
(6) To select and employ an executive director, and to
empower him to perform such duties and responsibilities as
it may deem necessary;
(7) To assume legal, fiscal, and program responsibility
for all training conducted by the commission;
(8) To establish, by rule and regulation, standards for
the training of criminal justice personnel where such standards are not prescribed by statute;
(9) To own, establish, and operate, or to contract with
other qualified institutions or organizations for the operation
of, training and education programs for criminal justice
(2002 Ed.)
43.101.040
personnel and to purchase, lease, or otherwise acquire,
subject to the approval of the department of general administration, a training facility or facilities necessary to the conducting of such programs;
(10) To establish, by rule and regulation, minimum
curriculum standards for all training programs conducted for
employed criminal justice personnel;
(11) To review and approve or reject standards for
instructors of training programs for criminal justice personnel, and to employ personnel on a temporary basis as
instructors without any loss of employee benefits to those
instructors;
(12) To direct the development of alternative, innovate,
and interdisciplinary training techniques;
(13) To review and approve or reject training programs
conducted for criminal justice personnel and rules establishing and prescribing minimum training and education standards recommended by the training standards and education
boards;
(14) To allocate financial resources among training and
education programs conducted by the commission;
(15) To allocate training facility space among training
and education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any training or education program conducted or
approved by the commission to any person so completing
such a program;
(17) To provide for the employment of such personnel
as may be practical to serve as temporary replacements for
any person engaged in a basic training program as defined
by the commission;
(18) To establish rules and regulations recommended by
the training standards and education boards prescribing
minimum standards relating to physical, mental and moral
fitness which shall govern the recruitment of criminal justice
personnel where such standards are not prescribed by statute
or constitutional provision.
All rules and regulations adopted by the commission
shall be adopted and administered pursuant to the administrative procedure act, chapter 34.05 RCW, and the open public
meetings act, chapter 42.30 RCW. [2001 c 166 § 1; 1982 c
124 § 1; 1975-’76 2nd ex.s. c 17 § 3. Prior: 1975 1st ex.s.
c 103 § 1; 1975 1st ex.s. c 82 § 1; 1974 ex.s. c 94 § 8.]
43.101.085 Additional powers and duties. In
addition to its other powers granted under this chapter, the
commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry
out this chapter;
(2) Issue subpoenas and administer oaths in connection
with investigations, hearings, or other proceedings held under
this chapter;
(3) Take or cause to be taken depositions and other
discovery procedures as needed in investigations, hearings,
and other proceedings held under this chapter;
(4) Appoint members of a hearings board as provided
under RCW 43.101.380;
(5) Enter into contracts for professional services
determined by the commission to be necessary for adequate
enforcement of this chapter;
[Title 43 RCW—page 453]
43.101.085
Title 43 RCW: State Government—Executive
(6) Grant, deny, or revoke certification of peace officers
under the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas
and statements of charges under the provisions of this
chapter; and
(8) Employ such investigative, administrative, and
clerical staff as necessary for the enforcement of this
chapter. [2001 c 167 § 7.]
43.101.095 Peace officer certification. (1) As a
condition of continuing employment as peace officers, all
Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification or
exemption therefrom, by meeting all requirements of RCW
43.101.200, as that section is administered under the rules of
the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic
certification as peace officers under this chapter. The
commission shall certify peace officers who have satisfied,
or have been exempted by statute or by rule from, the basic
training requirements of RCW 43.101.200 on or before
January 1, 2002. Thereafter, the commission may revoke
certification pursuant to this chapter.
(2) The commission shall allow a peace officer to retain
status as a certified peace officer as long as the officer: (a)
Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under
RCW 43.101.200 or under rule of the commission; (b) meets
or is exempted from any other requirements under this
chapter as administered under the rules adopted by the
commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification
revoked by the commission.
(3) As a prerequisite to certification, as well as a
prerequisite to pursuit of a hearing under RCW 43.101.155,
a peace officer must, on a form devised or adopted by the
commission, authorize the release to the commission of his
or her personnel files, termination papers, criminal investigation files, or other files, papers, or information that are
directly related to a certification matter or decertification
matter before the commission. [2001 c 167 § 2.]
43.101.105 Denial or revocation of peace officer
certification. Upon request by a peace officer’s employer
or on its own initiative, the commission may deny or revoke
certification of any peace officer, after written notice and
hearing, if a hearing is timely requested by the peace officer
under RCW 43.101.155, based upon a finding of one or
more of the following conditions:
(1) The peace officer has failed to timely meet all
requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training
equivalency, or a certificate of exemption from the training;
(2) The peace officer has knowingly falsified or omitted
material information on an application for training or
certification to the commission;
(3) The peace officer has been convicted at any time of
a felony offense under the laws of this state or has been
convicted of a federal or out-of-state offense comparable to
a felony under the laws of this state; except that if a certified
peace officer was convicted of a felony before being
[Title 43 RCW—page 454]
employed as a peace officer, and the circumstances of the
prior felony conviction were fully disclosed to his or her
employer before being hired, the commission may revoke
certification only with the agreement of the employing law
enforcement agency;
(4) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the
acts or omissions forming the basis for the discharge
proceedings occurred on or after January 1, 2002;
(5) The peace officer’s certificate was previously issued
by administrative error on the part of the commission; or
(6) The peace officer has interfered with an investigation or action for denial or revocation of certificate by: (a)
Knowingly making a materially false statement to the
commission; or (b) in any matter under investigation by or
otherwise before the commission, tampering with evidence
or tampering with or intimidating any witness. [2001 c 167
§ 3.]
43.101.115 Denial or revocation of peace officer
certification—Readmission to academy—Reinstatement.
(1) A person denied a certification based upon dismissal or
withdrawal from a basic law enforcement academy for any
reason not also involving discharge for disqualifying misconduct is eligible for readmission and certification upon
meeting standards established in rules of the commission,
which rules may provide for probationary terms on readmission.
(2) A person whose certification is denied or revoked
based upon prior administrative error of issuance, failure to
cooperate, or interference with an investigation is eligible for
certification upon meeting standards established in rules of
the commission, rules which may provide for a probationary
period of certification in the event of reinstatement of
eligibility.
(3) A person whose certification is denied or revoked
based upon a felony criminal conviction is not eligible for
certification at any time.
(4) A peace officer whose certification is denied or
revoked based upon discharge for disqualifying misconduct,
but not also based upon a felony criminal conviction, may,
five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for
reinstatement. The commission shall hold a hearing on the
petition to consider reinstatement, and the commission may
allow reinstatement based upon standards established in rules
of the commission. If the certificate is reinstated or eligibility for certification is determined, the commission may
establish a probationary period of certification.
(5) A peace officer whose certification is revoked based
solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial
reversal of the conviction. The commission shall hold a
hearing on request to consider reinstatement, and the commission may allow reinstatement based on standards established in rules of the commission. If the certificate is
reinstated or if eligibility for certification is determined, the
commission may establish a probationary period of certification. [2001 c 167 § 4.]
(2002 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
43.101.125 Lapsed peace officer certification—
Reinstatement—Rules. A peace officer’s certification
lapses automatically when there is a break of more than
twenty-four consecutive months in the officer’s service as a
full-time law enforcement officer. A break in full-time law
enforcement service which is due solely to the pendency of
direct review or appeal from a disciplinary discharge, or to
the pendency of a work-related injury, does not cause a lapse
in certification. The officer may petition the commission for
reinstatement of certification. Upon receipt of a petition for
reinstatement of a lapsed certificate, the commission shall
determine under this chapter and any applicable rules of the
commission if the peace officer’s certification status is to be
reinstated, and the commission shall also determine any
requirements which the officer must meet for reinstatement.
The commission may adopt rules establishing requirements
for reinstatement. [2001 c 167 § 5.]
43.101.135 Termination of peace officer—
Notification to commission. Upon termination of a peace
officer for any reason, including resignation, the agency of
termination shall, within fifteen days of the termination,
notify the commission on a personnel action report form
provided by the commission. The agency of termination
shall, upon request of the commission, provide such additional documentation or information as the commission
deems necessary to determine whether the termination
provides grounds for revocation under RCW 43.101.105.
The commission shall maintain these notices in a permanent
file, subject to RCW 43.101.400. [2001 c 167 § 6.]
43.101.145 Written complaint by law enforcement
or law enforcement agency to deny or revoke peace
officer certification—Immunity of complainant. A law
enforcement officer or duly authorized representative of a
law enforcement agency may submit a written complaint to
the commission charging that a peace officer’s certificate
should be denied or revoked, and specifying the grounds for
the charge. Filing a complaint does not make a complainant
a party to the commission’s action. The commission has
sole discretion whether to investigate a complaint, and the
commission has sole discretion whether to investigate
matters relating to certification, denial of certification, or
revocation of certification on any other basis, without
restriction as to the source or the existence of a complaint.
A person who files a complaint in good faith under this
section is immune from suit or any civil action related to the
filing or the contents of the complaint. [2001 c 167 § 8.]
43.101.155 Denial or revocation of peace officer
certification—Statement of charges—Notice—Hearing.
(1) If the commission determines, upon investigation, that
there is probable cause to believe that a peace officer’s
certification should be denied or revoked under RCW
43.101.105, the commission must prepare and serve upon the
officer a statement of charges. Service on the officer must
be by mail or by personal service on the officer. Notice of
the charges must also be mailed to or otherwise served upon
the officer’s agency of termination and any current law
enforcement agency employer. The statement of charges
must be accompanied by a notice that to receive a hearing
(2002 Ed.)
43.101.125
on the denial or revocation, the officer must, within sixty
days of communication of the statement of charges, request
a hearing before the hearings board appointed under RCW
43.101.380. Failure of the officer to request a hearing
within the sixty-day period constitutes a default, whereupon
the commission may enter an order under RCW 34.05.440.
(2) If a hearing is requested, the date of the hearing
must be scheduled not earlier than ninety days nor later than
one hundred eighty days after communication of the statement of charges to the officer; the one hundred eighty-day
period may be extended on mutual agreement of the parties
or for good cause. The commission shall give written notice
of hearing at least twenty days prior to the hearing, specifying the time, date, and place of hearing. [2001 c 167 § 9.]
43.101.170 Training and education obtained at
approved existing institutions. In establishing standards for
training and education, the commission may, so far as
consistent with the purposes of *RCW 43.101.160, permit
required training and education of any criminal justice
personnel to be obtained at existing institutions approved for
such training by the commission. [1974 ex.s. c 94 § 17.]
*Reviser’s note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
43.101.180 Priorities. The first priority of the
commission shall be to provide for basic law enforcement
training, corrections training, and education programs. In
addition, the commission shall provide training programs for
other criminal justice personnel. [1981 c 136 § 27; 1974
ex.s. c 94 § 18.]
Effective date—1981 c 136: See RCW 72.09.900.
43.101.190 Receipt of grants, funds or gifts authorized—Administration—Utilization of federal funds. The
commission, or the executive director acting on its behalf, is
authorized to accept, receive, disburse, and administer grants
or other funds or gifts from any source, including private
individuals or agencies, the federal government, and other
public agencies, for the purpose of carrying out the provisions of this chapter.
The services provided by the state through the establishment and maintenance of the programs of the commission
are primarily intended for the benefit of the criminal justice
agencies of the counties, cities, and towns of this state. To
the extent that funds available to the state under the Crime
Control Act of 1973 are utilized by the commission, it is the
determination of the legislature that, to the maximum extent
permitted by federal law, such funds as are so utilized shall
be charged against that portion of United States law enforcement assistance administration funds which the state is required to make available to units of local government
pursuant to section 303(a)(2) of Part C of the Crime Control
Act of 1973. [1974 ex.s. c 94 § 19.]
43.101.200 Law enforcement personnel—Basic law
enforcement training required—Commission to provide.
(1) All law enforcement personnel, except volunteers, and
reserve officers whether paid or unpaid, initially employed
on or after January 1, 1978, shall engage in basic law
enforcement training which complies with standards adopted
[Title 43 RCW—page 455]
43.101.200
Title 43 RCW: State Government—Executive
by the commission pursuant to RCW 43.101.080. For
personnel initially employed before January 1, 1990, such
training shall be successfully completed during the first
fifteen months of employment of such personnel unless
otherwise extended or waived by the commission and shall
be requisite to the continuation of such employment.
Personnel initially employed on or after January 1, 1990,
shall commence basic training during the first six months of
employment unless the basic training requirement is otherwise waived or extended by the commission. Successful
completion of basic training is requisite to the continuation
of employment of such personnel initially employed on or
after January 1, 1990.
(2) Except as otherwise provided in this chapter, the
commission shall provide the aforementioned training
together with necessary facilities, supplies, materials, and the
board and room of noncommuting attendees for seven days
per week. Additionally, to the extent funds are provided for
this purpose, the commission shall reimburse to participating
law enforcement agencies with ten or less full-time commissioned patrol officers the cost of temporary replacement of
each officer who is enrolled in basic law enforcement
training: PROVIDED, That such reimbursement shall
include only the actual cost of temporary replacement not to
exceed the total amount of salary and benefits received by
the replaced officer during his or her training period. [1997
c 351 § 13. Prior: 1993 sp.s. c 24 § 920; 1993 sp.s. c 21
§ 5; 1989 c 299 § 2; 1977 ex.s. c 212 § 2.]
Severability—1997 c 351: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 351 § 14.]
Effective date—1997 c 351: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 13, 1997]." [1997 c 351 § 15.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective dates—1993 sp.s. c 21: See note following RCW
82.14.310.
43.101.210 Criminal justice training costs—
Assessments on bail forfeitures and certain penalties—
Criminal justice training account created.
Reviser’s note: RCW 43.101.210 was amended by 1985 c 57 § 57
without reference to its repeal by 1984 c 258 § 339, effective July 1, 1985.
It has been decodified for publication purposes pursuant to RCW 1.12.025.
43.101.220 Training for corrections personnel. (1)
The corrections personnel of the state and all counties and
municipal corporations initially employed on or after January
1, 1982, shall engage in basic corrections training which
complies with standards adopted by the commission pursuant
to *RCW 43.101.160. The training shall be successfully
completed during the first six months of employment of the
personnel, unless otherwise extended or waived by the
commission, and shall be requisite to the continuation of
employment.
(2) The corrections personnel of the state and all
counties and municipal corporations transferred or promoted
to a supervisory or management position on or after January
1, 1982, shall engage in supervisory and/or management
training which complies with standards adopted by the
[Title 43 RCW—page 456]
commission pursuant to *RCW 43.101.160. The training
shall be successfully completed prior to or within the first
six months of employment, unless otherwise extended or
waived by the commission, and shall be requisite to the
continuation of employment.
(3) The commission shall provide the training required
in this section, together with facilities, supplies, materials,
and the room and board for noncommuting attendees.
(4) Nothing in this section shall affect or impair the
employment status of any employee whose employer does
not provide him with the opportunity to engage in the
required training. [1981 c 136 § 26.]
*Reviser’s note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
Effective date—1981 c 136: See RCW 72.09.900.
43.101.222 Training for students enrolled at
institutions of higher education. The commission may
provide basic law enforcement training to students who are
enrolled in criminal justice courses of study at four-year
institutions of higher education, if the training is provided
during the summers following the students’ junior and senior
years and so long as the students bear the full cost of the
training. [1996 c 203 § 3.]
Effective date—1996 c 203: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1996]." [1996 c 203 § 4.]
43.101.224 Training for persons investigating child
sexual abuse. (1) On-going specialized training shall be
provided for persons responsible for investigating child
sexual abuse. Training participants shall have the opportunity to practice interview skills and receive feedback from
instructors.
(2) The commission, the department of social and health
services, the Washington association of sheriffs and police
chiefs, and the Washington association of prosecuting
attorneys shall design and implement statewide training that
contains consistent elements for persons engaged in the
interviewing of children for child sexual abuse cases,
including law enforcement, prosecution, and child protective
services.
(3) The training shall: (a) Be based on research-based
practices and standards; (b) minimize the trauma of all
persons who are interviewed during abuse investigations; (c)
provide methods of reducing the number of investigative
interviews necessary whenever possible; (d) assure, to the
extent possible, that investigative interviews are thorough,
objective, and complete; (e) recognize needs of special
populations, such as persons with developmental disabilities;
(f) recognize the nature and consequences of victimization;
(g) require investigative interviews to be conducted in a
manner most likely to permit the interviewed persons the
maximum emotional comfort under the circumstances; (h)
address record retention and retrieval; and (i) documentation
of investigative interviews. [1999 c 389 § 2.]
43.101.230 Training for Indian tribe officers and
employees authorized—Conditions. Indian tribe officers
and employees who are engaged in law enforcement activities and who do not qualify as "criminal justice personnel"
(2002 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
or "law enforcement personnel" under RCW 43.101.010, as
now law or hereafter amended, may be provided training
under this chapter if: (a) The tribe is recognized by the
federal government, and (b) the tribe pays to the commission
the full cost of providing such training. The commission
shall place all money received under this section into the
criminal justice training account. [1981 c 134 § 1.]
43.101.240 Community-police partnership. (1) The
criminal justice training commission in cooperation with the
United States department of justice department of community
relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United
States. The commission shall develop training for local law
enforcement agencies targeted toward those communities
where there has been a substantial increase in drug crimes.
The purpose of the training is to facilitate cooperative
community-police efforts and enhanced community protection to reduce drug abuse and related crimes. The training
shall include but not be limited to conflict management,
ethnic sensitivity, cultural awareness, and effective community policing.
(2) Local law enforcement agencies are encouraged to
form community-police partnerships in all neighborhoods
and particularly areas with high rates of criminal activity.
These partnerships are encouraged to organize citizen-police
task forces which meet on a regular basis to promote greater
citizen involvement in combatting drug abuse and to reduce
tension between police and citizens. Partnerships that are
formed are encouraged to report to the criminal justice
training commission of their formation and progress. [1994
sp.s. c 7 § 311; 1989 c 271 § 423.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Captions not law—1989 c 271: See note following RCW 69.50.520.
Severability—1989 c 271: See note following RCW 9.94A.510.
43.101.250 Firearms certificate program for
*private detectives. The commission shall establish a
program for issuing firearms certificates to *private detectives for the purposes of obtaining armed *private detective
licenses. The commission shall adopt rules establishing the
fees, training requirements, and procedures for obtaining and
annually renewing firearms certificates. The fees charged by
the commission shall recover the costs incurred by the
commission in administering the firearms certificate program.
(1) Firearms training must be provided by an organization or trainer approved by the commission and must consist
of at least eight hours of classes and proficiency training.
(2) Applications for firearms certificates shall be filed
with the commission on a form provided by the commission.
The commission may require any information and documentation that reasonably relates to the need to determine
whether the applicant qualifies for a firearms certificate.
Applicants must:
(a) Be at least twenty-one years of age;
(b) Possess a current *private detective license; and
(c) Present a written request from the owner or qualifying agent of a licensed *private detective agency that the
applicant be issued a firearms certificate.
(2002 Ed.)
43.101.230
(3) The commission shall consult with the private
security industry and law enforcement before adopting or
amending the training requirements of this section.
(4) The commission may adopt rules that are reasonable
and necessary for the effective implementation and administration of this section consistent with chapter 34.05 RCW.
[1991 c 328 § 28.]
*Reviser’s note: "Private detective" redesignated "private investigator" by 1995 c 277.
Severability—1991 c 328: See RCW 18.165.900.
43.101.260 Firearms certificate program for
security guards. The commission shall establish a program
for issuing firearms certificates to security guards for the
purposes of obtaining armed security guard licenses. The
commission shall adopt rules establishing the fees, training
requirements, and procedures for obtaining and annually
renewing firearms certificates. The fees charged by the
commission shall recover the costs incurred by the commission in administering the firearms certificate program.
(1) Firearms training must be provided by an organization or trainer approved by the commission and must consist
of at least eight hours of classes and proficiency training.
(2) Applications for firearms certificates shall be filed
with the commission on a form provided by the commission.
The commission may require any information and documentation that reasonably relates to the need to determine
whether the applicant qualifies for a firearms certificate.
Applicants must:
(a) Be at least twenty-one years of age;
(b) Possess a current private security guard license; and
(c) Present a written request from the owner or qualifying agent of a licensed private security company that the
applicant be issued a firearms certificate.
(3) The commission shall consult with the private
security industry and law enforcement before adopting or
amending the training requirements of this section.
(4) The commission may adopt rules that are reasonable
and necessary for the effective implementation and administration of this section consistent with chapter 34.05 RCW.
[1991 c 334 § 29.]
Severability—1991 c 334: See RCW 18.170.900.
43.101.270 Sexual assault—Training for investigating and prosecuting. (1) Each year the criminal justice
training commission shall offer an intensive, integrated
training session on investigating and prosecuting sexual
assault cases. The training shall place particular emphasis
on the development of professionalism and sensitivity
towards the victim and the victim’s family.
(2) The commission shall seek advice from the Washington association of prosecuting attorneys, the Washington
defender association, the Washington association of sheriffs
and police chiefs, and the Washington coalition of sexual
assault programs.
(3) The training shall be an integrated approach to
sexual assault cases so that prosecutors, law enforcement,
defenders, and victim advocates can all benefit from the
training.
(4) The training shall be self-supporting through fees
charged to the participants of the training. [1991 c 267 § 2.]
[Title 43 RCW—page 457]
43.101.270
Title 43 RCW: State Government—Executive
Findings—1991 c 267: "The safety of all children is enhanced when
sexual assault cases are properly investigated and prosecuted. The victim
of the sexual assault and the victim’s family have a right to be treated with
sensitivity and professionalism, which also increases the likelihood of their
continued cooperation with the investigation and prosecution of the case.
The legislature finds the sexual assault cases, particularly those involving
victims who are children, are difficult to prosecute successfully. The
cooperation of a victim and the victim’s family through the investigation
and prosecution of the sexual assault case is enhanced and the trauma
associated with the investigation and prosecution is reduced when trained
victim advocates assist the victim and the victim’s family through the
investigation and prosecution of the case. Trained victim advocates also
assist law enforcement, prosecutors, and defense attorneys, by relieving
some of the burden of explaining the investigation and prosecution process
and possible delays to the victim and accompanying the victim during
interviews by the police, prosecutor, and defense attorney, and accompanying the victim during hearings and the trial.
The legislature finds that counties should give priority to the
successful prosecution of sexual assault cases, especially those that involve
children, by ensuring that prosecutors, investigators, defense attorneys, and
victim advocates are properly trained and available. Therefore, the
legislature intends to establish a mechanism to provide the necessary
training of prosecutors, law enforcement investigators, defense attorneys,
and victim advocates and ensure the availability of victim advocates for
victims of sexual assault and their families." [1991 c 267 § 1.]
Effective date—1991 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 267 § 7.]
43.101.280 Ethnic and cultural diversity—
Development of curriculum for understanding—Training.
The criminal justice training commission shall develop, in
consultation with the administrator for the courts and the
commissions established under chapters 43.113, 43.115, and
43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working
with youth of color and their families. The curriculum shall
be developed by October 1, 1993. The commission shall
ensure that ethnic and diversity training becomes an integral
part of the training of law enforcement personnel so as to
incorporate cultural sensitivity and awareness into the daily
activities of law enforcement personnel. [1993 c 415 § 4.]
Intent—1993 c 415: See note following RCW 2.56.031.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030.
43.101.290 Training in crimes of malicious harassment. The criminal justice training commission shall
provide training for law enforcement officers in identifying,
responding to, and reporting all violations of RCW
9A.36.080 and any other crimes of bigotry or bias. [1993 c
127 § 5.]
Severability—1993 c 127: See note following RCW 9A.36.078.
43.101.300 Juvenile runaways—Policy manual. The
criminal justice training commission shall ensure that every
law enforcement agency in the state has an accurate and upto-date policy manual describing the statutes relating to
juvenile runaways. [1994 sp.s. c 7 § 509.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.101.310 Board on law enforcement training
standards and education—Board on correctional training
standards—Created—Purpose. (1) Two separate training
[Title 43 RCW—page 458]
standards and education boards are created and established,
to be known and designated as (a) the board on law enforcement training standards and education and (b) the board on
correctional training standards and education.
(2) The purpose of the board on law enforcement
training standards and education is to review and recommend
to the commission programs and standards for the training
and education of law enforcement personnel.
(3) The purpose of the board on correctional training
standards and education is to review and recommend to the
commission programs and standards for the training and
education of correctional personnel. [1997 c 351 § 2.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.315 Boards—Membership. (1) The board on
law enforcement training standards and education consists of
thirteen members, appointed by the executive director and
subject to approval by the commission. Members must be
selected as follows: (a) Three must represent county law
enforcement agencies, at least two of whom must be
incumbent sheriffs; (b) three must represent city police
agencies, at least two of whom must be incumbent police
chiefs, one of whom shall be from a city under five thousand; (c) one must represent community colleges; (d) one
must represent the four-year colleges and universities; (e)
four must represent the council of police officers, two of
whom must be training officers; and (f) one must represent
tribal law enforcement in Washington. The six officers
under (a) and (b) of this subsection may be appointed by the
executive director only after the Washington association of
sheriffs and police chiefs provides the director with the
names of qualified officers. The four officers under (e) of
this subsection may be appointed by the executive director
only after the council of police officers provides the director
with the names of qualified officers.
(2) The board on correctional training standards and
education consists of fourteen members, appointed by the
executive director and subject to approval by the commission. Members must be selected as follows: (a) Three must
be employed in the state correctional system; (b) three must
be employed in county correctional systems; (c) two must be
employed in juvenile corrections or probation, one at the
local level and the other at the state level; (d) two must be
employed in community corrections; (e) one must represent
community colleges; (f) one must represent four-year
colleges and universities; and (g) two must be additional
persons with experience and interest in correctional training
standards and education. At least one of the members
appointed under (a) of this subsection and at least one of the
members appointed under (b) of this subsection must be
currently employed as front line correctional officers. [1997
c 351 § 3.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.320 Boards—Terms of members. All
members of each of the training standards and education
boards must be appointed for terms of six years, commencing on July 1st, and expiring on June 30th. However, of the
members first appointed three will serve for terms of two
(2002 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
years, four will serve for terms of four years, and four will
serve for terms of six years. A member chosen to fill a
vacancy that has been created other than by expiration of a
term must be appointed for the unexpired term of the
member to be succeeded. A member may be reappointed for
additional terms. [1997 c 351 § 4.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.325 Termination of membership upon
termination of qualifying office or employment. A
member of either board appointed under RCW 43.101.315 as
an incumbent official or because of employment status,
ceases to be a member of the board immediately upon the
termination of the holding of the qualifying office or
employment. [1997 c 351 § 5.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.330 Boards—Chairs—Quorum. Each
training standards and education board shall elect a chair and
vice-chair from among its members. A simple majority of
the members of a training standards and education board
constitutes a quorum. The commission shall summon each
of the training standards and education boards to its first
meeting. [1997 c 351 § 6.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.335 Boards—Travel expenses. Members of
the training standards and education boards may be paid
their travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1997 c 351 § 7.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.340 Boards—Powers—Report to commission. The training standards and education boards have the
following powers:
(1) To meet at such times and places as they may deem
proper;
(2) To adopt bylaws for the conduct of their business as
deemed necessary by each board;
(3) To cooperate with and secure the cooperation of any
department, agency, or instrumentality in state, county, or
city government, and commissions affected by or concerned
with the business of the commission;
(4) To do any and all things necessary or convenient to
enable them fully and adequately to perform their duties and
to exercise the powers granted to them;
(5) To advise the commission of the training and
education needs of criminal justice personnel within their
specific purview;
(6) To recommend to the commission standards for the
training and education of criminal justice personnel within
their specific purview;
(7) To recommend to the commission minimum curriculum standards for all training and education programs
conducted for criminal justice personnel within their specific
purview;
(2002 Ed.)
43.101.320
(8) To recommend to the commission standards for
instructors of training and education programs for criminal
justice personnel within their specific purview;
(9) To recommend to the commission alternative,
innovative, and interdisciplinary training and education
techniques for criminal justice personnel within their specific
purview;
(10) To review and recommend to the commission the
approval of training and education programs for criminal
justice personnel within their specific purview;
(11) To monitor and evaluate training and education
programs for criminal justice personnel with [within] their
specific purview.
Each training standards and education board shall report
to the commission at the end of each fiscal year on the
effectiveness of training and education programs for criminal
justice personnel within its specific purview. [1997 c 351 §
8.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.345 Recommendations of boards—Review by
commission. For the purpose of raising the level of competence of criminal justice personnel, the commission shall
review the recommendations of training standards and
education boards made under RCW 43.101.340. [1997 c 351
§ 9.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.350 Core training requirements. (1) All law
enforcement personnel initially hired to, transferred to, or
promoted to a supervisory or management position on or
after January 1, 1999, shall, within the first six months of
entry into the position, successfully complete the core
training requirements prescribed by rule of the commission
for the position, or obtain a waiver or extension of the core
training requirements from the commission.
(2) Within one year after completion of the core training
requirements of this section, all law enforcement personnel
shall successfully complete all remaining requirements for
career level certification prescribed by rule of the commission applicable to their position or rank, or obtain a waiver
or extension of the career level training requirements from
the commission.
(3) The commission shall provide the training required
in this section, together with facilities, supplies, materials,
and the room and board for attendees who do not live within
fifty miles of the training center. The training shall be
delivered in the least disruptive manner to local law enforcement agencies, and will include but not be limited to regional on-site training, interactive training, and credit for
training given by the home department.
(4) Nothing in this section affects or impairs the
employment status of an employee whose employer does not
provide the opportunity to engage in the required training.
[1997 c 351 § 10.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
[Title 43 RCW—page 459]
43.101.360
Title 43 RCW: State Government—Executive
43.101.360 Report to the legislature. By January 1st
of every odd-numbered year, the commission shall provide
a written report to the legislature addressing the following
items: (1) Status and satisfaction of service to its clients; (2)
detailed analysis of how it will maintain and update adequate
state-of-the-art training models and their delivery in the most
cost-effective and efficient manner; and (3) fiscal data projecting its current and future funding requirements. [1997 c
351 § 11.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.370 Child abuse and neglect—Intensive
training. Each year the criminal justice training commission
shall offer an intensive training session on investigation of
child abuse and neglect. The training shall focus on the
investigative duties of law enforcement established under
chapter 26.44 RCW with particular emphasis placed on child
interview techniques to increase the accuracy of statements
taken from children and decrease the need for additional
interviews. [1997 c 351 § 12.]
Severability—Effective date—1997 c 351: See notes following
RCW 43.101.200.
43.101.380 Hearings—Standard of proof—
Appeals—Judicial review. (1) The procedures governing
adjudicative proceedings before agencies under chapter 34.05
RCW, the administrative procedure act, govern hearings
before the commission and govern all other actions before
the commission unless otherwise provided in this chapter.
The standard of proof in actions before the commission is
clear, cogent, and convincing evidence.
(2) On all appeals brought under RCW 43.101.155, a
five-member hearings panel shall both hear the case and
make the commission’s final administrative decision.
Members of the commission or the board on law enforcement training standards and education may but need not be
appointed to the hearings panels. The commission shall
appoint as follows two or more panels to hear appeals from
decertification actions:
(a) When an appeal is filed in relation to decertification
of a Washington peace officer who is not a peace officer of
the Washington state patrol, the commission shall appoint to
the panel: (i) One police chief; (ii) one sheriff; (iii) two
peace officers who are at or below the level of first line
supervisor, who are from city or county law enforcement
agencies, and who have at least ten years’ experience as
peace officers; and (iv) one person who is not currently a
peace officer and who represents a community college or
four-year college or university.
(b) When an appeal is filed in relation to decertification
of a peace officer of the Washington state patrol, the
commission shall appoint to the panel: (i) Either one police
chief or one sheriff; (ii) one administrator of the state patrol;
(iii) one peace officer who is at or below the level of first
line supervisor, who is from a city or county law enforcement agency, and who has at least ten years’ experience as
a peace officer; (iv) one state patrol officer who is at or
below the level of first line supervisor, and who has at least
ten years’ experience as a peace officer; and (v) one person
[Title 43 RCW—page 460]
who is not currently a peace officer and who represents a
community college or four-year college or university.
(c) Persons appointed to hearings panels by the commission shall, in relation to any decertification matter on which
they sit, have the powers, duties, and immunities, and are
entitled to the emoluments, including travel expenses in
accordance with RCW 43.03.050 and 43.03.060, of regular
commission members.
(3) Where the charge upon which revocation or denial
is based is that a peace officer was "discharged for disqualifying misconduct," and the discharge is "final," within the
meaning of RCW 43.101.105(4), and the officer received a
civil service hearing or arbitration hearing culminating in an
affirming decision following separation from service by the
employer, the hearings panel may revoke or deny certification if the hearings panel determines that the discharge
occurred and was based on disqualifying misconduct; the
hearings panel need not redetermine the underlying facts but
may make this determination based solely on review of the
records and decision relating to the employment separation
proceeding. However, the hearings panel may, in its discretion, consider additional evidence to determine whether such
a discharge occurred and was based on such disqualifying
misconduct. The hearings panel shall, upon written request
by the subject peace officer, allow the peace officer to
present additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of
certification is based is that a peace officer "has been
convicted at any time of a felony offense" within the
meaning of RCW 43.101.105(3), the hearings panel shall
revoke or deny certification if it determines that the peace
officer was convicted of a felony. The hearings panel need
not redetermine the underlying facts but may make this
determination based solely on review of the records and
decision relating to the criminal proceeding. However, the
hearings panel shall, upon the panel’s determination of
relevancy, consider additional evidence to determine whether
the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is
based is under RCW 43.101.105 (1), (2), (5), or (6), the
hearings panel shall determine the underlying facts relating
to the charge upon which revocation or denial of certification
is based.
(4) The commission’s final administrative decision is
subject to judicial review under RCW 34.05.510 through
34.05.598. [2001 c 167 § 10.]
43.101.390 Immunity of commission and boards.
The commission, its boards, and individuals acting on behalf
of the commission and its boards are immune from suit in
any civil or criminal action contesting or based upon
proceedings or other official acts performed in the course of
their duties in the administration and enforcement of this
chapter. [2001 c 167 § 11.]
43.101.400 Confidentiality of records. (1) Except as
provided under subsection (2) of this section, the following
records of the commission are confidential and exempt from
public disclosure: (a) The contents of personnel action
reports filed under RCW 43.101.135; (b) all files, papers,
and other information obtained by the commission pursuant
(2002 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
to RCW 43.101.095(3); and (c) all investigative files of the
commission compiled in carrying out the responsibilities of
the commission under this chapter. Such records are not
subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in subsection (5)
of this section.
(2) Records which are otherwise confidential and
exempt under subsection (1) of this section may be reviewed
and copied: (a) By the officer involved or the officer’s
counsel or authorized representative, who may review the
officer’s file and may submit any additional exculpatory or
explanatory evidence, statements, or other information, any
of which must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii)
a current employing law enforcement agency, which may
review and copy its employee-officer’s file; or (c) by a
representative of or investigator for the commission.
(3) Records which are otherwise confidential and
exempt under subsection (1) of this section may also be
inspected at the offices of the commission by a duly authorized representative of a law enforcement agency considering
an application for employment by a person who is the
subject of a record. A copy of records which are otherwise
confidential and exempt under subsection (1) of this section
may later be obtained by an agency after it hires the applicant. In all other cases under this subsection, the agency
may not obtain a copy of the record.
(4) Upon a determination that a complaint is without
merit, that a personnel action report filed under RCW
43.101.135 does not merit action by the commission, or that
a matter otherwise investigated by the commission does not
merit action, the commission shall purge records addressed
in subsection (1) of this section.
(5) The hearings, but not the deliberations, of the
hearings board are open to the public. The transcripts,
admitted evidence, and written decisions of the hearings
board on behalf of the commission are not confidential or
exempt from public disclosure, and are subject to subpoena
and discovery proceedings in civil actions.
(6) Every individual, legal entity, and agency of federal,
state, or local government is immune from civil liability,
whether direct or derivative, for providing information to the
commission in good faith. [2001 c 167 § 12.]
43.101.410 Racial profiling—Policies—Training—
Complaint review process—Data collection and reporting.
(1) Local law enforcement agencies shall comply with the
recommendations of the Washington association of sheriffs
and police chiefs regarding racial profiling, as set forth under
(a) through (f) of this subsection. Local law enforcement
agencies shall:
(a) Adopt a written policy designed to condemn and
prevent racial profiling;
(b) Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster
the practice of racial profiling;
(c) Continue training to address the issues related to
racial profiling. Officers should be trained in how to better
interact with persons they stop so that legitimate police
actions are not misperceived as racial profiling;
(2002 Ed.)
43.101.400
(d) Ensure that they have in place a citizen complaint
review process that can adequately address instances of
racial profiling. The process must be accessible to citizens
and must be fair. Officers found to be engaged in racial
profiling must be held accountable through the appropriate
disciplinary procedures within each department;
(e) Work with the minority groups in their community
to appropriately address the issue of racial profiling; and
(f) Within fiscal constraints, collect demographic data on
traffic stops and analyze that data to ensure that racial
profiling is not occurring.
(2) The Washington association of sheriffs and police
chiefs shall coordinate with the criminal justice training
commission to ensure that issues related to racial profiling
are addressed in basic law enforcement training and offered
in regional training for in-service law enforcement officers
at all levels.
(3) Local law enforcement agencies shall report all
information required under this section to the Washington
association of sheriffs and police chiefs. [2002 c 14 § 2.]
Declaration—Findings—2002 c 14: "(1) The legislature declares that
racial profiling is the illegal use of race or ethnicity as a factor in deciding
to stop and question, take enforcement action, arrest, or search a person or
vehicle with or without a legal basis under the United States Constitution
or Washington state Constitution.
(2) The legislature recognizes that the president of the United States
has issued an executive order stating that stopping or searching individuals
on the basis of race is not an effective law enforcement policy, that it is
inconsistent with democratic ideals, especially the commitment to equal
protection under the law for all persons, and that it is neither legitimate nor
defensible as a strategy for public protection. The order also instructs the
law enforcement agencies within the departments of justice, treasury, and
interior to collect race, ethnicity, and gender data on the people they stop
or arrest.
(3) The legislature finds that the Washington state patrol has been in
the process of collecting data on traffic stops and analyzing the data to
determine if the patrol has any areas in its enforcement of traffic laws where
minorities are being treated in a discriminatory manner. The legislature
further finds that the Washington association of sheriffs and police chiefs
has recently passed a resolution condemning racial profiling and has
reaffirmed local law enforcement agencies’ commitment to ensuring the
public safety and the protection of civil liberties for all persons. The
association also restated its goal of implementing policing procedures that
are fair, equitable, and constitutional." [2002 c 14 § 1.]
43.101.415 Racial profiling—Reports to the legislature. The Washington association of sheriffs and police
chiefs, in cooperation with the criminal justice training
commission, shall report to the legislature by December 31,
2002, and each December 31st thereafter, on the progress
and accomplishments of each local law enforcement agency
in the state in meeting the requirements and goals set forth
in RCW 43.101.410. [2002 c 14 § 3.]
Declaration—Findings—2002 c 14: See note following RCW
43.101.410.
43.101.900 Severability—1974 ex.s. c 94. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 94 § 20.]
43.101.901 Transfer of conference center. The
legislature authorizes the department of general administration to transfer the Washington state training and conference
[Title 43 RCW—page 461]
43.101.901
Title 43 RCW: State Government—Executive
center located at 19010 First Avenue, Burien, Washington,
98148, to the criminal justice training commission. [2001 c
166 § 2.]
43.101.902 Effective date—2001 c 167. This act
takes effect January 1, 2002. [2001 c 167 § 14.]
Chapter 43.103
WASHINGTON STATE FORENSIC
INVESTIGATIONS COUNCIL
Sections
43.103.010 Purposes.
43.103.020 Definitions.
43.103.030 Council created—Powers and duties.
43.103.040 Membership of council—Appointment.
43.103.050 Terms of members—Vacancies.
43.103.060 Qualification for continued membership.
43.103.070 Chair—Quorum—Meetings.
43.103.080 Travel expenses.
43.103.090 Powers.
43.103.100 Sudden infant death syndrome—Training—Protocols.
43.103.900 Severability—1983 1st ex.s. c 16.
43.103.901 Effective date—1983 1st ex.s. c 16.
Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054
and 2.36.0571.
43.103.010 Purposes. The purposes of chapter 16,
Laws of 1983 1st ex. sess. are declared by the legislature to
be as follows:
(1) To preserve and enhance the state crime laboratory
and state toxicology laboratory, which are essential parts of
the criminal justice and death investigation systems in the
state of Washington;
(2) To fund the death investigation system and to make
related state and local institutions more efficient;
(3) To provide resources necessary for the performance,
by qualified pathologists, of autopsies which are also
essential to the criminal justice and death investigation
systems of this state and its counties;
(4) To improve the performance of death investigations
and the criminal justice system through the formal training
of county coroners and county medical examiners;
(5) To establish and maintain a dental identification
system; and
(6) To provide flexibility so that any county may
establish a county morgue when it serves the public interest.
[1999 c 40 § 2; 1995 c 398 § 2; 1983 1st ex.s. c 16 § 1.]
Effective date—1999 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 40 § 9.]
43.103.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Council" means the Washington state forensic
investigations council.
(2) "Crime laboratory" means the Washington state
patrol crime laboratory system created in RCW 43.43.670
and under the bureau of forensic laboratory services of the
Washington state patrol.
[Title 43 RCW—page 462]
(3) "State toxicology laboratory" means the Washington
state toxicology laboratory and under the bureau of forensic
laboratory services of the Washington state patrol. [1999 c
40 § 3; 1995 c 398 § 3; 1983 1st ex.s. c 16 § 2.]
Effective date—1999 c 40: See note following RCW 43.103.010.
43.103.030 Council created—Powers and duties.
There is created the Washington state forensic investigations
council. The council shall oversee the bureau of forensic
laboratory services and, in consultation with the chief of the
Washington state patrol or the chief’s designee, control the
operation and establish policies of the bureau of forensic
laboratory services. The council may also study and
recommend cost-efficient improvements to the death investigation system in Washington and report its findings to the
legislature.
Further, the council shall, jointly with the chairperson of
the pathology department of the University of Washington’s
School of Medicine, or the chairperson’s designee, oversee
the state forensic pathology fellowship program, determine
the budget for the program and set the fellow’s annual
salary, and take those steps necessary to administer the
program.
The forensic investigations council shall be actively
involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic
laboratory services budget prior to its formal submission to
the office of financial management pursuant to RCW
43.88.030. [1999 c 40 § 4; 1995 c 398 § 4; 1991 c 176 § 2;
1983 1st ex.s. c 16 § 3.]
Effective date—1999 c 40: See note following RCW 43.103.010.
Forensic pathology fellowship program: RCW 28B.20.426.
43.103.040 Membership of council—Appointment.
The council shall consist of twelve members who shall be
selected as follows: One county coroner; one county
prosecutor; one county prosecutor who also serves as ex
officio county coroner; one county medical examiner; one
county sheriff; one chief of police; the chief of the state
patrol; two members of a county legislative authority; one
pathologist who is currently in private practice; and two
members of a city legislative authority.
The governor shall appoint members to the council from
among the nominees submitted for each position as follows:
The Washington association of county officials shall submit
two nominees each for the coroner position and the medical
examiner position; the Washington state association of
counties shall submit two nominees each for the two county
legislative authority positions; the association of Washington
cities shall submit two nominees each for the two city
legislative authority positions; the Washington association of
prosecuting attorneys shall submit two nominees each for the
county prosecutor-ex officio county coroner and for the
county prosecutor position; the Washington association of
sheriffs and police chiefs shall submit two nominees each for
the county sheriff position and the chief of police position;
and the Washington association of pathologists shall submit
two nominees for the private pathologist position. [1995 c
398 § 5; 1983 1st ex.s. c 16 § 4.]
(2002 Ed.)
Washington State Forensic Investigations Council
43.103.050 Terms of members—Vacancies. All
members of the council are appointed for terms of four
years, commencing on July 1 and expiring on June 30.
However, of the members appointed to the council, five shall
be appointed for two-year terms and six shall be appointed
for four-year terms. A person chosen to fill a vacancy
created other than by the natural expiration of a member’s
term shall be nominated and appointed as provided in RCW
43.103.040 for the unexpired term of the member he or she
is to succeed. Any member may be reappointed for additional terms. [1995 c 398 § 6; 1983 1st ex.s. c 16 § 5.]
43.103.060 Qualification for continued membership.
Any member of the council shall immediately cease to be a
member if he or she ceases to hold the particular office or
employment which was the basis of his or her appointment
under RCW 43.103.040. [1983 1st ex.s. c 16 § 6.]
43.103.070 Chair—Quorum—Meetings. The council
shall elect a chair and a vice chair from among its members.
The chair shall not vote except in case of a tie vote. Seven
members of the council shall constitute a quorum. The
governor shall summon the council to its first meeting.
Otherwise, meetings may be called by the chair and shall be
called by him or her upon the written request of five
members of the council. Conference calls by telephone are
a proper form of meeting. [1995 c 398 § 7; 1983 1st ex.s.
c 16 § 7.]
43.103.080 Travel expenses. (1) Members of the
council shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060.
(2) Attendance at meetings of the council shall constitute performance by a council member of the duties of his or
her employment or office. [1983 1st ex.s. c 16 § 8.]
43.103.090 Powers. (1) The council may:
(a) Meet at such times and places as may be designated
by a majority vote of the council members or, if a majority
cannot agree, by the chair;
(b) Adopt rules governing the council and the conduct
of its meetings;
(c) Require reports from the chief of the Washington
state patrol on matters pertaining to the bureau of forensic
laboratory services;
(d) Authorize the expenditure of up to two hundred fifty
thousand dollars per biennium from the council’s death
investigations account appropriation for the purpose of
assisting local jurisdictions in the investigation of multiple
deaths involving unanticipated, extraordinary, and catastrophic events, or involving multiple jurisdictions. The council
shall adopt rules consistent with this subsection for the
purposes of authorizing expenditure of the funds;
(e) Do anything, necessary or convenient, which enables
the council to perform its duties and to exercise its powers;
and
(f) Be actively involved in the preparation of the bureau
of forensic laboratory services budget and approve the
bureau of forensic laboratory services budget prior to formal
submission to the office of financial management pursuant
to RCW 43.88.030.
(2002 Ed.)
43.103.050
(2) The council shall:
(a) Prescribe qualifications for the position of director
of the bureau of forensic laboratory services, after consulting
with the chief of the Washington state patrol. The council
shall submit to the chief of the Washington state patrol a list
containing the names of up to three persons who the council
believes meet its qualifications to serve as director of the
bureau of forensic laboratory services. Minimum qualifications for the director of the bureau of forensic laboratory
services must include successful completion of a background
investigation and polygraph examination. If requested by the
chief of the Washington state patrol, the forensic investigations council shall submit one additional list of up to three
persons who the forensic investigations council believes meet
its qualifications. The appointment must be from one of the
lists of persons submitted by the forensic investigations
council, and the director of the bureau of forensic laboratory
services shall report to the office of the chief of the Washington state patrol;
(b) After consulting with the chief of the Washington
state patrol and the director of the bureau of forensic
laboratory services, the council shall appoint a toxicologist
as state toxicologist, who shall report to the director of the
bureau of forensic laboratory services. The appointee shall
meet the minimum standards for employment with the
Washington state patrol including successful completion of
a background investigation and polygraph examination;
(c) Establish, after consulting with the chief of the
Washington state patrol, the policies, objectives, and priorities of the bureau of forensic laboratory services, to be
implemented and administered within constraints established
by budgeted resources by the director of the bureau of
forensic laboratory services;
(d) Set the salary for the director of the bureau of
forensic laboratory services; and
(e) Set the salary for the state toxicologist. [1999 c 142
§ 1; 1999 c 40 § 5; 1995 c 398 § 8; 1983 1st ex.s. c 16 § 9.]
Reviser’s note: This section was amended by 1999 c 40 § 5 and by
1999 c 142 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 40: See note following RCW 43.103.010.
43.103.100 Sudden infant death syndrome—
Training—Protocols. (1) The council shall research and
develop an appropriate training component on the subject of
sudden, unexplained child death, including but not limited to
sudden infant death syndrome. The training component shall
include, at a minimum:
(a) Medical information on sudden, unexplained child
death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the
importance of forensically competent death scene investigation;
(b) Information on community resources and support
groups available to assist families who have lost a child to
sudden, unexplained death, including sudden infant death
syndrome; and
(c) The value of timely communication between the
county coroner or medical examiner and the public health
department, when a sudden, unexplained child death occurs,
in order to achieve a better understanding of such deaths,
[Title 43 RCW—page 463]
43.103.100
Title 43 RCW: State Government—Executive
and connecting families to various community and public
health support systems to enhance recovery from grief.
(2) The council shall work with volunteer groups with
expertise in the area of sudden, unexplained child death,
including but not limited to the SIDS foundation of Washington and the Washington association of county officials.
(3) Basic training for death investigators offered by the
Washington association of coroners and medical examiners
and the criminal justice training commission shall include a
module which specifically addresses the investigations of the
sudden unexplained deaths of children under the age of
three. The training module shall include a scene investigation protocol endorsed or developed by the council. A
similar training curriculum shall be required for city and
county law enforcement officers and emergency medical
personnel certified by the department of health as part of
their basic training through the criminal justice training
commission or the department of health emergency medical
training certification program.
(4) Each county shall use a protocol that has been
endorsed or developed by the council for scene investigations of the sudden unexplained deaths of children under the
age of three. The council may utilize guidelines from the
center for disease control and other appropriate resources.
(5) The council shall develop a protocol for autopsies of
children under the age of three whose deaths are sudden and
unexplained. This protocol shall be used by pathologists
who are not certified by the American board of pathology in
forensic pathology, and who are providing autopsy services
to coroners and medical examiners. [2001 c 82 § 1; 1991 c
176 § 6.]
Finding—Declaration—1991 c 176: "The legislature finds and
declares that sudden and unexplained child deaths are a leading cause of
death for children under age three. The public interest is served by research
and study of the potential causes and indications of such unexplained child
deaths and the prevention of inaccurate and inappropriate designation of
sudden infant death syndrome (SIDS) as a cause of death. The legislature
further finds and declares that law enforcement officers, fire fighters,
emergency medical technicians, and other first responders in emergency
situations are not adequately informed regarding sudden, unexplained death
in young children including but not limited to sudden infant death
syndrome, its signs and typical history, and as a result may compound the
family and child care provider’s grief through conveyed suspicions of a
criminal act. Coroners, investigators, and prosecuting attorneys are also in
need of updated training on the identification of unexplained death in
children under the age of three, including but not limited to sudden infant
death syndrome awareness and sensitivity and the establishment of a
statewide uniform protocol in cases of sudden, unexplained child death."
[1991 c 176 § 5.]
43.103.900 Severability—1983 1st ex.s. c 16. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 16 § 23.]
43.103.901 Effective date—1983 1st ex.s. c 16. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1983. [1983 1st ex.s. c 16 § 24.]
[Title 43 RCW—page 464]
Chapter 43.105
DEPARTMENT OF INFORMATION SERVICES
(Formerly: Data processing and communications systems)
Sections
43.105.005
43.105.017
43.105.020
43.105.032
43.105.041
43.105.047
43.105.052
43.105.055
43.105.057
43.105.060
43.105.070
43.105.080
43.105.095
43.105.105
43.105.160
43.105.170
43.105.172
43.105.180
43.105.190
43.105.200
43.105.210
43.105.250
43.105.260
43.105.270
43.105.280
43.105.290
43.105.300
43.105.310
43.105.320
43.105.800
43.105.805
43.105.810
43.105.815
43.105.820
43.105.825
43.105.830
43.105.835
43.105.900
43.105.901
43.105.902
43.105.903
43.105.904
Purpose.
Legislative intent.
Definitions.
Information services board—Members—Chairperson—
Vacancies—Quorum—Compensation and travel
expenses.
Powers and duties of board.
Department created—Appointment of director—
Director’s duties.
Powers and duties of department.
Advisory committees—Customer advisory board.
Rule-making authority.
Contracts by state and local agencies with department.
Confidential or privileged information.
Data processing revolving fund—Created—Use.
Management and oversight structure.
Information technology decisions and plans.
Strategic information technology plan—Biennial state
performance report on information technology.
Information technology portfolios—Contents—
Performance reports.
Information technology portfolios.
Budget request to be evaluated for information technology projects.
Major information technology projects standards and
policies—Project evaluation and reporting.
Application to institutions of higher education.
Data processing expenditures—Authorization—
Penalties.
Electronic access to public records—Findings—Intent.
Electronic access to public records—Definitions.
Electronic access to public records—Planning.
Electronic access to public records—Costs and fees.
Electronic access to public records—Government
information locator service pilot project.
Education in use of technology encouraged.
Accuracy, integrity, and privacy of records and information.
Departmental authority as certification authority for
electronic authentication.
K-20 educational network board.
K-20 educational network board—Powers and duties.
K-20 network technical steering committee.
K-20 operations cooperative—Ongoing management.
K-20 telecommunication system—Technical plan.
K-20 network—Oversight—Coordination of telecommunications planning.
K-20 technology account.
Education technology revolving fund.
Severability—1973 1st ex.s. c 219.
Severability—1987 c 504.
Effective date—1987 c 504.
Effective date—1999 c 285.
Actions of telecommunications oversight and policy
committee—Savings—1999 c 285.
43.105.005 Purpose. It is a purpose of this chapter to
provide for coordinated planning and management of state
information services. The legislature recognizes that
information systems, telecommunications, equipment,
software, and services must satisfy the needs of end users
and that many appropriate and cost-effective alternatives
exist for meeting these needs, such as shared mainframe
computing, shared voice, data, and video telecommunications
services, local area networks, departmental minicomputers,
and microcomputers. [1990 c 208 § 1; 1987 c 504 § 1.]
(2002 Ed.)
Department of Information Services
43.105.017 Legislative intent. It is the intent of the
legislature that:
(1) State government use voice, data, and video telecommunications technologies to:
(a) Transmit and increase access to live, interactive
classroom instruction and training;
(b) Provide for interactive public affairs presentations,
including a public forum for state and local issues;
(c) Facilitate communications and exchange of information among state and local elected officials and the general
public;
(d) Enhance statewide communications within state
agencies; and
(e) Through the use of telecommunications, reduce time
lost due to travel to in-state meetings;
(2) Information be shared and administered in a coordinated manner, except when prevented by agency responsibilities for security, privacy, or confidentiality;
(3) The primary responsibility for the management and
use of information, information systems, telecommunications,
equipment, software, and services rests with each agency
head;
(4) Resources be used in the most efficient manner and
services be shared when cost-effective;
(5) A structure be created to:
(a) Plan and manage telecommunications and computing
networks;
(b) Increase agencies’ awareness of information sharing
opportunities; and
(c) Assist agencies in implementing such possibilities;
(6) An acquisition process for equipment, proprietary
software, and related services be established that meets the
needs of the users, considers the exchange of information,
and promotes fair and open competition;
(7) To the greatest extent possible, major information
technology projects be implemented on an incremental basis;
(8) The state maximize opportunities to exchange and
share data and information by moving toward implementation of open system architecture based upon interface
standards providing for application and data portability and
interoperability;
(9) To the greatest extent possible, the state recognize
any price performance advantages which may be available in
midrange and personal computing architecture;
(10) The state improve recruitment, retention, and
training of professional staff;
(11) Plans, proposals, and acquisitions for information
services be reviewed from a financial and management
perspective as part of the budget process; and
(12) State government adopt policies and procedures
that maximize the use of existing video telecommunications
resources, coordinate and develop video telecommunications
in a manner that is cost-effective and encourages shared use,
and ensure the appropriate use of video telecommunications
to fulfill identified needs. [1992 c 20 § 6; (1995 2nd sp.s.
c 14 § 511 expired June 30, 1997); 1990 c 208 § 2; 1987 c
504 § 2.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533:
"Sections 511 through 523 and 528 through 533 of this act expire June 30,
1997." [1995 2nd sp.s. c 14 § 536.]
Effective dates—1995 2nd sp.s. c 14: "(1) Except for sections 514
through 524 and 539 through 556 of this act, this act is necessary for the
(2002 Ed.)
43.105.017
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995.
(2) Sections 514 through 524 of this act shall take effect January 1,
1996." [1995 2nd sp.s. c 14 § 562.]
Severability—1995 2nd sp.s. c 14: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1995 2nd sp.s. c 14 § 561.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.020 Definitions. As used in this chapter,
unless the context indicates otherwise, the following definitions shall apply:
(1) "Department" means the department of information
services;
(2) "Board" means the information services board;
(3) "Local governments" includes all municipal and
quasi municipal corporations and political subdivisions, and
all agencies of such corporations and subdivisions authorized
to contract separately;
(4) "Director" means the director of the department;
(5) "Purchased services" means services provided by a
vendor to accomplish routine, continuing, and necessary
functions. This term includes, but is not limited to, services
acquired for equipment maintenance and repair, operation of
a physical plant, security, computer hardware and software
installation and maintenance, data entry, keypunch services,
programming services, and computer time-sharing;
(6) "Backbone network" means the shared high-density
portions of the state’s telecommunications transmission
facilities. It includes specially conditioned high-speed
communications carrier lines, multiplexors, switches associated with such communications lines, and any equipment and
software components necessary for management and control
of the backbone network;
(7) "Telecommunications" means the transmission of
information by wire, radio, optical cable, electromagnetic, or
other means;
(8) "Information processing" means the electronic
capture, collection, storage, manipulation, transmission,
retrieval, and presentation of information in the form of data,
text, voice, or image and includes telecommunications and
office automation functions;
(9) "Information services" means data processing,
telecommunications, and office automation;
(10) "Equipment" means the machines, devices, and
transmission facilities used in information processing, such
as computers, word processors, terminals, telephones, and
cables;
(11) "Information technology portfolio" or "portfolio"
means a strategic management process documenting relationships between agency missions and information technology
investments;
(12) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of
information technology resources;
(13) "Proprietary software" means that software offered
for sale or license;
[Title 43 RCW—page 465]
43.105.020
Title 43 RCW: State Government—Executive
(14) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of
transmitting and/or receiving visual and associated audio
information. Video telecommunications shall not include existing public television broadcast stations as currently
designated by the department of community, trade, and
economic development under chapter 43.330 RCW;
(15) "K-20 educational network board" or "K-20 board"
means the K-20 educational network board created in RCW
43.105.800;
(16) "K-20 network technical steering committee" or
"committee" means the K-20 network technical steering
committee created in RCW 43.105.810;
(17) "K-20 network" means the network established in
RCW 43.105.820;
(18) "Educational sectors" means those institutions of
higher education, school districts, and educational service
districts that use the network for distance education, data
transmission, and other uses permitted by the K-20 board.
[1999 c 285 § 1; 1999 c 80 § 1; 1993 c 280 § 78; 1990 c
208 § 3; 1987 c 504 § 3; 1973 1st ex.s. c 219 § 3; 1967
ex.s. c 115 § 2.]
Reviser’s note: This section was amended by 1999 c 80 § 1 and by
1999 c 285 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Effective date—1967 ex.s. c 115: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1967." [1967 ex.s. c 115 § 8.]
43.105.032 Information services board—Members—
Chairperson—Vacancies—Quorum—Compensation and
travel expenses. There is hereby created the Washington
state information services board. The board shall be
composed of fifteen members. Eight members shall be appointed by the governor, one of whom shall be a representative of higher education, one of whom shall be a representative of an agency under a statewide elected official other
than the governor, and two of whom shall be representatives
of the private sector. One member shall represent the
judicial branch and be appointed by the chief justice of the
supreme court. One member shall be the superintendent of
public instruction or shall be appointed by the superintendent
of public instruction. Two members shall represent the
house of representatives and shall be selected by the speaker
of the house of representatives with one representative
chosen from each caucus of the house of representatives; two
members shall represent the senate and shall be appointed by
the president of the senate with one representative chosen
from each caucus of the senate. One member shall be the
director who shall be a voting member of the board. These
members shall constitute the membership of the board with
full voting rights. Members of the board shall serve at the
pleasure of the appointing authority. The board shall select
a chairperson from among its members.
Vacancies shall be filled in the same manner that the
original appointments were made.
A majority of the members of the board shall constitute
a quorum for the transaction of business.
[Title 43 RCW—page 466]
Members of the board shall be compensated for service
on the board in accordance with RCW 43.03.240 and shall
be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060. [1999 c 241 § 2; 1996 c 137 § 10;
1992 c 20 § 8; 1987 c 504 § 4; 1984 c 287 § 86; 1975-’76
2nd ex.s. c 34 § 128; 1973 1st ex.s. c 219 § 5.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Development of health care data standards: RCW 43.70.054.
43.105.041 Powers and duties of board. (1) The
board shall have the following powers and duties related to
information services:
(a) To develop standards governing the acquisition and
disposition of equipment, proprietary software and purchased
services, and confidentiality of computerized data;
(b) To purchase, lease, rent, or otherwise acquire,
dispose of, and maintain equipment, proprietary software,
and purchased services, or to delegate to other agencies and
institutions of state government, under appropriate standards,
the authority to purchase, lease, rent, or otherwise acquire,
dispose of, and maintain equipment, proprietary software,
and purchased services: PROVIDED, That, agencies and
institutions of state government are expressly prohibited from
acquiring or disposing of equipment, proprietary software,
and purchased services without such delegation of authority.
The acquisition and disposition of equipment, proprietary
software, and purchased services is exempt from RCW
43.19.1919 and, as provided in RCW 43.19.1901, from the
provisions of RCW 43.19.190 through 43.19.200. This
subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical
policies, standards, and procedures;
(d) To review and approve standards and common
specifications for new or expanded telecommunications
networks proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or
regional providers of K-12 information technology services,
and to assure the cost-effective development and incremental
implementation of a statewide video telecommunications
system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges;
colleges and universities; state and local government; and the
general public through public affairs programming;
(e) To provide direction concerning strategic planning
goals and objectives for the state. The board shall seek
input from the legislature and the judiciary;
(f) To develop and implement a process for the resolution of appeals by:
(i) Vendors concerning the conduct of an acquisition
process by an agency or the department; or
(ii) A customer agency concerning the provision of
services by the department or by other state agency providers;
(2002 Ed.)
Department of Information Services
(g) To establish policies for the periodic review by the
department of agency performance which may include but
are not limited to analysis of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its
members, the chair, or the director; and
(i) To review and approve that portion of the
department’s budget requests that provides for support to the
board.
(2) Statewide technical standards to promote and
facilitate electronic information sharing and access are an
essential component of acceptable and reliable public access
service and complement content-related standards designed
to meet those goals. The board shall:
(a) Establish technical standards to facilitate electronic
access to government information and interoperability of
information systems. Local governments are strongly
encouraged to follow the standards established by the board;
and
(b) Require agencies to consider electronic public access
needs when planning new information systems or major
upgrades of systems.
In developing these standards, the board is encouraged
to include the state library, state archives, and appropriate
representatives of state and local government.
(3)(a) The board, in consultation with the K-20 board,
has the duty to govern, operate, and oversee the technical
design, implementation, and operation of the K-20 network
including, but not limited to, the following duties: Establishment and implementation of K-20 network technical
policy, including technical standards and conditions of use;
review and approval of network design; procurement of
shared network services and equipment; and resolving
user/provider disputes concerning technical matters. The
board shall delegate general operational and technical
oversight to the K-20 network technical steering committee
as appropriate.
(b) The board has the authority to adopt rules under
chapter 34.05 RCW to implement the provisions regarding
the technical operations and conditions of use of the K-20
network. [1999 c 285 § 5. Prior: 1996 c 171 § 8; 1996 c
137 § 12; (1996 c 171 § 7, 1996 c 137 § 11, and 1995 2nd
sp.s. c 14 § 512 expired June 30, 1997); 1990 c 208 § 6;
1987 c 504 § 5; 1983 c 3 § 115; 1973 1st ex.s. c 219 § 6.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
Expiration date—1996 c 171 § 7: "Section 7 of this act expires June
30, 1997." [1996 c 171 § 20.]
Effective date—1996 c 137 § 12: "Section 12 of this act shall take
effect June 30, 1997." [1996 c 137 § 18.]
Expiration date—1996 c 137 § 11: "Section 11 of this act expires
June 30, 1997." [1996 c 137 § 17.]
Application—1996 c 137: See note following RCW 43.105.830.
43.105.047 Department created—Appointment of
director—Director’s duties. There is created the department of information services. The department shall be
headed by a director appointed by the governor with the
(2002 Ed.)
43.105.041
consent of the senate. The director shall serve at the
governor’s pleasure and shall receive such salary as determined by the governor. The director shall:
(1) Appoint a confidential secretary and such deputy and
assistant directors as needed to administer the department;
(2) Maintain and fund a strategic planning and policy
component separate from the services component of the
department;
(3) Appoint, after consulting with the board, the
assistant or deputy director for the planning component;
(4) Appoint such professional, technical, and clerical
assistants and employees as may be necessary to perform the
duties imposed by this chapter;
(5) Report to the governor and the board any matters
relating to abuses and evasions of this chapter; and
(6) Recommend statutory changes to the governor and
the board. [1999 c 80 § 5; 1992 c 20 § 9; 1987 c 504 § 6.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
Civil service exemptions: RCW 41.06.094.
43.105.052 Powers and duties of department. The
department shall:
(1) Perform all duties and responsibilities the board
delegates to the department, including but not limited to:
(a) The review of agency information technology
portfolios and related requests; and
(b) Implementation of statewide and interagency
policies, standards, and guidelines;
(2) Make available information services to state agencies
and local governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this
section "public benefit nonprofit corporation" means a public
benefit nonprofit corporation as defined in RCW 24.03.005
that is receiving local, state, or federal funds either directly
or through a public agency other than an Indian tribe or political subdivision of another state. These services may
include, but are not limited to:
(a) Telecommunications services for voice, data, and
video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer
evaluation, installation, and use;
(d) Equipment acquisition assistance, including leasing,
brokering, and establishing master contracts;
(e) Facilities management services for information
technology equipment, equipment repair, and maintenance
service;
(f) Negotiation with local cable companies and local
governments to provide for connection to local cable services
to allow for access to these public and educational channels
in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers
and customers may elect other alternatives for service if
those alternatives are more cost-effective or provide better
service. Agencies may be required to use the backbone network portions of the telecommunications services during an
initial start-up period not to exceed three years;
[Title 43 RCW—page 467]
43.105.052
Title 43 RCW: State Government—Executive
(3) Establish rates and fees for services provided by the
department to assure that the services component of the
department is self-supporting. A billing rate plan shall be
developed for a two-year period to coincide with the
budgeting process. The rate plan shall be subject to review
at least annually by the customer advisory board. The rate
plan shall show the proposed rates by each cost center and
will show the components of the rate structure as mutually
determined by the department and the customer advisory
board. The same rate structure will apply to all user
agencies of each cost center. The rate plan and any adjustments to rates shall be approved by the office of financial
management. The services component shall not subsidize
the operations of the strategic planning and policy component;
(4) With the advice of the information services board
and agencies, develop a state strategic information technology plan and performance reports as required under RCW
43.105.160;
(5) Develop plans for the department’s achievement of
statewide goals and objectives set forth in the state strategic
information technology plan required under RCW
43.105.160. These plans shall address such services as
telecommunications, central and distributed computing, local
area networks, office automation, and end user computing.
The department shall seek the advice of the customer
advisory board and the board in the development of these
plans;
(6) Under direction of the information services board
and in collaboration with the department of personnel, and
other agencies as may be appropriate, develop training plans
and coordinate training programs that are responsive to the
needs of agencies;
(7) Identify opportunities for the effective use of
information services and coordinate appropriate responses to
those opportunities;
(8) Assess agencies’ projects, acquisitions, plans,
information technology portfolios, or overall information
processing performance as requested by the board, agencies,
the director of financial management, or the legislature.
Agencies may be required to reimburse the department for
agency-requested reviews;
(9) Develop planning, budgeting, and expenditure
reporting requirements, in conjunction with the office of
financial management, for agencies to follow;
(10) Assist the office of financial management with
budgetary and policy review of agency plans for information
services;
(11) Provide staff support from the strategic planning
and policy component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines
adopted by the board;
(c) Supervision of studies and reports requested by the
board;
(d) Conducting reviews and assessments as directed by
the board;
(12) Be the lead agency in coordinating video telecommunications services for all state agencies and develop,
pursuant to board policies, standards and common specifications for leased and purchased telecommunications equipment. The department shall not evaluate the merits of
[Title 43 RCW—page 468]
school curriculum, higher education course offerings, or
other education and training programs proposed for transmission and/or reception using video telecommunications
resources. Nothing in this section shall abrogate or abridge
the legal responsibilities of licensees of telecommunications
facilities as licensed by the federal communication commission on March 27, 1990; and
(13) Perform all other matters and things necessary to
carry out the purposes and provisions of this chapter. [2000
c 180 § 1; 1999 c 80 § 6; 1993 c 281 § 53; 1992 c 20 § 10;
1990 c 208 § 7; 1987 c 504 § 8.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.055 Advisory committees—Customer
advisory board. (1) The director shall appoint advisory
committees to assist the department. Advisory committees
shall include, but are not limited to, the customer advisory
board.
(2) The customer advisory board shall provide the
department with advice concerning the type, quality, and cost
of the department’s services. The customer advisory board
and its membership shall be determined by the director to
assure that all services are subject to advice from a representative selection of customers. At least annually, these
committees shall meet to recommend, review, and comment
on the service goals and objectives of the department and the
budgets for operations of those services and the rates to be
charged for those services. The advisory board may call
upon the board to resolve disputes between agencies and the
department which may arise with regard to service offerings,
budgets, or rates.
(3) The customer advisory board may be convened by
a majority of its members, by its chair, or by the director.
[1999 c 80 § 7; 1987 c 504 § 9.]
43.105.057 Rule-making authority. The department
of information services and the information services board,
respectively, shall adopt rules as necessary under chapter
34.05 RCW to implement the provisions of this chapter.
[1992 c 20 § 11; 1990 c 208 § 13.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.060 Contracts by state and local agencies
with department. State and local government agencies are
authorized to enter into any contracts with the department or
its successor which may be necessary or desirable to
effectuate the purposes and policies of this chapter or for
maximum utilization of facilities and services which are the
subject of this chapter. [1987 c 504 § 10; 1973 1st ex.s. c
219 § 9; 1967 ex.s. c 115 § 6.]
Effective date—1967 ex.s. c 115: See note following RCW
43.105.020.
43.105.070 Confidential or privileged information.
This chapter shall in no way affect or impair any confidence
or privilege imposed by law. Confidential or privileged
information shall not be subject to submittal to the common
data bank: PROVIDED, That where statistical information
(2002 Ed.)
Department of Information Services
can be derived from such classified material without violating any such confidence, the submittal of such statistical
material may be required. [1969 ex.s. c 212 § 4.]
43.105.080 Data processing revolving fund—
Created—Use. There is created a revolving fund to be
known as the data processing revolving fund in the custody
of the state treasurer. The revolving fund shall be used for
the acquisition of equipment, software, supplies, and services
and the payment of salaries, wages, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications,
systems, software, supplies and equipment, including the
payment of principal and interest on bonds issued for capital
projects, by the department, Washington State University’s
computer services center, the department of personnel’s
personnel information systems division, the office of
financial management’s financial systems management
group, and other users as jointly determined by the department and the office of financial management. The revolving
fund is subject to the allotment procedure provided under
chapter 43.88 RCW. Disbursements from the revolving fund
for the services component of the department are not subject
to appropriation. Disbursements for the strategic planning
and policy component of the department are subject to
appropriation. All disbursements from the fund are subject
to the allotment procedures provided under chapter 43.88
RCW. The department shall establish and implement a
billing structure to assure all agencies pay an equitable share
of the costs.
As used in this section, the word "supplies" shall not be
interpreted to delegate or abrogate the division of
purchasing’s responsibilities and authority to purchase
supplies as described in RCW 43.19.190 and 43.19.200.
[1999 c 80 § 8; 1992 c 235 § 6; 1987 c 504 § 11; 1983 c 3
§ 116; 1974 ex.s. c 129 § 1.]
43.105.095 Management and oversight structure.
(1) Under the direction of the board, the department shall
develop policies and procedures to implement a management
and oversight structure based on the use of information
technology portfolios.
(2) These policies and procedures shall support and
conform to:
(a) The state strategic information technology plan
developed under RCW 43.105.160(1) and *43.105.172; and
(b) Technology standards established by the board.
[1999 c 80 § 3.]
*Reviser’s note: The reference to RCW 43.105.172 appears to be
erroneous because it concerns information technology portfolios.
43.105.105 Information technology decisions and
plans. An agency information technology portfolio shall
serve as the basis for making information technology decisions and plans including:
(1) System refurbishment, acquisitions, and development
efforts;
(2) Setting goals and objectives for using information
technology;
(3) Assessments of information processing performance,
resources, and capabilities;
(2002 Ed.)
43.105.070
(4) Ensuring the appropriate transfer of technological
expertise for the operation of new systems developed using
external resources; and
(5) Progress toward providing electronic access to public
information. [1999 c 80 § 4.]
43.105.160 Strategic information technology plan—
Biennial state performance report on information
technology. (1) The department shall prepare a state strategic information technology plan which shall establish a
statewide mission, goals, and objectives for the use of
information technology, including goals for electronic access
to government records, information, and services. The plan
shall be developed in accordance with the standards and
policies established by the board and shall be submitted to
the board for review, modification as necessary, and approval. The department shall seek the advice of the board in the
development of this plan.
The plan approved under this section shall be updated
as necessary and submitted to the governor, the chairs and
ranking minority members of the appropriations committees
of the senate and the house of representatives, and, during
the legislative session, to the chairs and ranking minority
members of the transportation committees of the senate and
the house of representatives. During the legislative interim,
the approved plan must be submitted to the legislative transportation committee, instead of the standing transportation
committees.
(2) The department shall prepare a biennial state
performance report on information technology based on
agency performance reports required under RCW 43.105.170
and other information deemed appropriate by the department.
The report shall include, but not be limited to:
(a) An analysis, based upon agency portfolios, of the
state’s information technology infrastructure, including its
value, condition, and capacity;
(b) An evaluation of performance relating to information
technology;
(c) An assessment of progress made toward implementing the state strategic information technology plan, including
progress toward electronic access to public information and
enabling citizens to have two-way access to public records,
information, and services;
(d) An analysis of the success or failure, feasibility,
progress, costs, and timeliness of implementation of major
information technology projects under RCW 43.105.190;
(e) Identification of benefits, cost avoidance, and cost
savings generated by major information technology projects
developed under RCW 43.105.190; and
(f) An inventory of state information services, equipment, and proprietary software.
Copies of the report shall be distributed biennially to the
governor, the chairs and ranking minority members of the
appropriations committees of the senate and the house of
representatives, and, during the legislative session, the chairs
and ranking minority members of the transportation committees of the senate and the house of representatives. During
the legislative interim, the report must be submitted to the
legislative transportation committee, instead of the standing
transportation committees. [1999 c 80 § 9; 1998 c 177 § 3;
1996 c 171 § 9; 1992 c 20 § 1.]
[Title 43 RCW—page 469]
43.105.160
Title 43 RCW: State Government—Executive
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
Severability—1992 c 20: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 20 § 14.]
Captions not law—1992 c 20: "Captions used in this act do not
constitute any part of the law." [1992 c 20 § 16.]
43.105.170 Information technology portfolios—
Contents—Performance reports. (1) Each agency shall
develop an information technology portfolio consistent with
*RCW 43.105.095. The superintendent of public instruction
shall develop its portfolio in conjunction with educational
service districts and statewide or regional providers of K-12
education information technology services.
(2) Agency portfolios shall include, but not be limited
to, the following:
(a) A baseline assessment of the agency’s information
technology resources and capabilities that will serve as the
benchmark for subsequent planning and performance
measures;
(b) A statement of the agency’s mission, goals, and
objectives for information technology, including goals and
objectives for achieving electronic access to agency records,
information, and services;
(c) An explanation of how the agency’s mission, goals,
and objectives for information technology support and
conform to the state strategic information technology plan
developed under RCW 43.105.160;
(d) An implementation strategy to provide electronic
access to public records and information. This implementation strategy must be assembled to include:
(i) Compliance with Title 40 RCW;
(ii) Adequate public notice and opportunity for comment;
(iii) Consideration of a variety of electronic technologies, including those that help transcend geographic locations, standard business hours, economic conditions of users,
and disabilities;
(iv) Methods to educate both state employees and the
public in the effective use of access technologies;
(e) Projects and resources required to meet the objectives of the portfolio; and
(f) Where feasible, estimated schedules and funding
required to implement identified projects.
(3) Portfolios developed under subsection (1) of this
section shall be submitted to the department for review and
forwarded along with the department’s recommendations to
the board for review and approval. The board may reject,
require modification to, or approve portfolios as deemed
appropriate by the board. Portfolios submitted under this
subsection shall be updated and submitted for review and
approval as necessary.
(4) Each agency shall prepare and submit to the department a biennial performance report that evaluates progress
toward the objectives articulated in its information technology portfolio. The superintendent of public instruction shall
develop its portfolio in conjunction with educational service
districts and statewide or regional providers of K-12 education information technology services. The report shall
include:
[Title 43 RCW—page 470]
(a) An evaluation of the agency’s performance relating
to information technology;
(b) An assessment of progress made toward implementing the agency information technology portfolio;
(c) Progress toward electronic access to public information and enabling citizens to have two-way interaction for
obtaining information and services from agencies; and
(d) An inventory of agency information services,
equipment, and proprietary software.
(5) The department, with the approval of the board,
shall establish standards, elements, form, and format for
plans and reports developed under this section.
(6) Agency activities to increase electronic access to
public records and information, as required by this section,
must be implemented within available resources and existing
agency planning processes.
(7) The board may exempt any agency from any or all
of the requirements of this section. [1999 c 80 § 10. Prior:
1996 c 171 § 10; 1996 c 137 § 13; 1992 c 20 § 2.]
*Reviser’s note: The reference to RCW 43.105.095 appears to be
erroneous. RCW 43.105.172 was apparently intended.
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.172 Information technology portfolios.
Information technology portfolios shall reflect (1) links
among an agency’s objectives, business plan, and technology; (2) analysis of the effect of an agency’s proposed new
technology investments on its existing infrastructure and
business functions; and (3) analysis of the effect of proposed
information technology investments on the state’s information technology infrastructure. [1999 c 80 § 2.]
43.105.180 Budget request to be evaluated for
information technology projects. Upon request of the
office of financial management, the department shall
evaluate agency budget requests for major information
technology projects identified under RCW 43.105.190,
including those proposed by the superintendent of public
instruction, in conjunction with educational service districts,
or statewide or regional providers of K-12 education information technology services. The department shall submit
recommendations for funding all or part of such requests to
the office of financial management.
The department, with the advice and approval of the
office of financial management, shall establish criteria,
consistent with portfolio-based information technology
management, for the evaluation of agency budget requests
under this section. These budget requests shall be made in
the context of an agency’s information technology portfolio;
technology initiatives underlying budget requests are subject
to board review. Criteria shall include, but not be limited to:
Feasibility of the proposed projects, consistency with the
state strategic information technology plan, consistency with
information technology portfolios, appropriate provision for
public electronic access to information and services, costs,
and benefits. [1999 c 80 § 11. Prior: 1996 c 171 § 11;
1996 c 137 § 14; 1992 c 20 § 3.]
(2002 Ed.)
Department of Information Services
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.190 Major information technology projects
standards and policies—Project evaluation and reporting.
(1) The department, with the approval of the board, shall
establish standards and policies governing the planning,
implementation, and evaluation of major information
technology projects, including those proposed by the superintendent of public instruction, in conjunction with educational
service districts, or statewide or regional providers of K-12
education information technology services. The standards
and policies shall:
(a) Establish criteria to identify projects which are
subject to this section. Such criteria shall include, but not be
limited to, significant anticipated cost, complexity, or
statewide significance of the project; and
(b) Establish a model process and procedures which
agencies shall follow in developing and implementing
projects within their information technology portfolios.
Agencies may propose, for approval by the department, a
process and procedures unique to the agency. The department may accept or require modification of such agency
proposals or the department may reject such agency proposals and require use of the model process and procedures
established under this subsection. Any process and procedures developed under this subsection shall require (i)
distinct and identifiable phases upon which funding may be
based, (ii) user validation of products through system
demonstrations and testing of prototypes and deliverables,
and (iii) other elements identified by the board.
The director may terminate a major project if the
director determines that the project is not meeting or is not
expected to meet anticipated performance standards.
(2) The office of financial management shall establish
policies and standards consistent with portfolio-based
information technology management to govern the funding
of projects developed under this section. The policies and
standards shall provide for:
(a) Funding of a project under terms and conditions
mutually agreed to by the director, the director of financial
management, and the head of the agency proposing the
project. However, the office of financial management may
require incremental funding of a project on a phase-by-phase
basis whereby funds for a given phase of a project may be
released only when the office of financial management
determines, with the advice of the department, that the
previous phase is satisfactorily completed;
(b) Acceptance testing of products to assure that
products perform satisfactorily before they are accepted and
final payment is made; and
(c) Other elements deemed necessary by the office of
financial management.
(3) The department shall evaluate projects based on the
demonstrated business needs and benefits; cost; technology
scope and feasibility; impact on the agency’s information
technology portfolio and on the statewide infrastructure; and
(2002 Ed.)
43.105.180
final project implementation plan based upon available
funding.
Copies of project evaluations conducted under this
subsection shall be submitted to the office of financial
management and the chairs, ranking minority members, and
staff coordinators of the appropriations committees of the
senate and house of representatives.
If there are projects that receive funding from a transportation fund or account, copies of those projects’ evaluations conducted under this subsection must be submitted,
during the legislative session, to the chairs and ranking
minority members of the transportation committees of the
senate and the house of representatives. During the legislative interim, the project evaluations must be submitted to the
legislative transportation committee. [1999 c 80 § 12; 1998
c 177 § 4; 1996 c 137 § 15; 1992 c 20 § 4.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.200 Application to institutions of higher
education. In the case of institutions of higher education,
the provisions of chapter 20, Laws of 1992, apply to
business and administrative applications but do not apply to
academic and research applications. [1992 c 20 § 5.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.210 Data processing expenditures—
Authorization—Penalties. No state agency may expend
any moneys for major information technology projects
subject to review by the department of information services
under RCW 43.105.190 unless specifically authorized by the
legislature. An intentional or negligent violation of this
section constitutes a violation of RCW 43.88.290 and shall
subject the head of the agency to forfeiture of office and
other civil penalties as provided under RCW 43.88.300.
If the director of information services intentionally or
negligently approved an expenditure in violation of this
section, then all sanctions described in this section and RCW
43.88.300 shall also apply to the director of information
services. [1993 sp.s. c 1 § 903.]
Severability—1993 sp.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 sp.s. c 1 § 904.]
Effective date—1993 sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 18, 1993]." [1993 sp.s. c 1 § 905.]
43.105.250 Electronic access to public records—
Findings—Intent. Based upon the recommendations of the
public information access policy task force, the legislature
finds that government records and information are a vital
resource to both government operations and to the public
that government serves. Broad public access to state and
local government records and information has potential for
expanding citizen access to that information and for improving government services. Electronic methods for locating
and transferring information can improve linkages between
[Title 43 RCW—page 471]
43.105.250
Title 43 RCW: State Government—Executive
and among citizens, organizations, businesses, and governments. Information must be managed with great care to
meet the objectives of citizens and their governments.
It is the intent of the legislature to encourage state and
local governments to develop, store, and manage their public
records and information in electronic formats to meet their
missions and objectives. Further, it is the intent of the
legislature for state and local governments to set priorities
for making public records widely available electronically to
the public. [1996 c 171 § 1.]
Captions not law—1996 c 171: "Section captions used in this act do
not constitute any part of the law." [1996 c 171 § 16.]
Effective dates—1996 c 171: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [March 28, 1996], except for section 8 of this act, which takes
effect June 30, 1997." [1996 c 171 § 19.]
43.105.260 Electronic access to public records—
Definitions. Unless the context requires otherwise, the
definitions in this section apply throughout this chapter.
(1) "Local government" means every county, city, town,
and every other municipal or quasi-municipal corporation.
(2) "Public record" means as defined in RCW 42.17.020
and chapter 40.14 RCW, and includes legislative records and
court records that are available for public inspection.
(3) "State agency" includes every state office, department, division, bureau, board, and commission of the state,
and each state elected official who is a member of the
executive department. [1996 c 171 § 2.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
43.105.270 Electronic access to public records—
Planning. Within existing resources, state agencies shall
plan for and implement processes for making information
available electronically. Public demand and agencies’
missions and goals shall drive the selection and priorities for
government information to be made available electronically.
When planning for increased public electronic access,
agencies should determine what information the public wants
and needs most. Widespread public electronic access does
not mean that all government information is able to be made
available electronically.
(1) In planning for and implementing electronic access,
state agencies shall:
(a) Where appropriate, plan for electronic public access
and two-way electronic interaction when acquiring, redesigning, or rebuilding information systems;
(b) Focus on providing electronic access to current
information, leaving archival material to be made available
digitally as resources allow or as a need arises;
(c) Coordinate technology planning across agency
boundaries in order to facilitate electronic access to vital
public information;
(d) Develop processes to determine which information
the public most wants and needs;
(e) Develop and employ methods to readily withhold or
mask nondisclosable data.
(2) In planning or implementing electronic access and
two-way electronic interaction and delivery technologies,
state agencies and local governments are encouraged to:
[Title 43 RCW—page 472]
(a) Increase their capabilities to receive information
electronically from the public and to transmit forms, applications, and other communications and transactions electronically;
(b) Use technologies allowing public access throughout
the state that allow continuous access twenty-four hours a
day, seven days per week, involve little or no cost to access,
and are capable of being used by persons without extensive
technological ability; and
(c) Consider and incorporate wherever possible ease of
access to electronic technologies by persons with disabilities.
In planning and implementing new public electronic access
projects, agencies should consult with people who have disabilities, with disability access experts, and the general
public.
(3) The final report of the public information access
policy task force, "Encouraging Widespread Public Electronic Access to Public Records and Information Held by State
and Local Governments," shall serve as a major resource for
state agencies and local governments in planning and
providing increased access to electronic public records and
information. [1996 c 171 § 5.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
43.105.280 Electronic access to public records—
Costs and fees. Funding to meet the costs of providing
access, including the building of the necessary information
systems, the digitizing of information, developing the ability
to mask nondisclosable information, and maintenance and
upgrade of information access systems should come primarily from state and local appropriations, federal dollars, grants,
private funds, cooperative ventures among governments,
nonexclusive licensing, and public/private partnerships.
Agencies should not offer customized electronic access
services as the primary way of responding to requests or as
a primary source of revenue. Fees for staff time to respond
to requests, and other direct costs may be included in costs
of providing customized access.
Agencies and local governments are encouraged to pool
resources and to form cooperative ventures to provide
electronic access to government records and information.
State agencies are encouraged to seek federal and private
grants for projects that provide increased efficiency and
improve government delivery of information and services.
[1996 c 171 § 12.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
43.105.290 Electronic access to public records—
Government information locator service pilot project.
The state library, with the assistance of the department of
information services and the state archives, shall establish a
pilot project to design and test an electronic information
locator system, allowing members of the public to locate and
access electronic public records. In designing the system,
the following factors shall be considered: (1) Ease of
operation by citizens; (2) access through multiple technologies, such as direct dial and toll-free numbers, kiosks, and
the internet; (3) compatibility with private on-line services;
and (4) capability of expanding the electronic public records
(2002 Ed.)
Department of Information Services
included in the system. The pilot project may restrict the
type and quality of electronic public records that are included in the system to test the feasibility of making electronic
public records and information widely available to the
public. [1996 c 171 § 13.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
43.105.300 Education in use of technology encouraged. State agencies and local governments are encouraged
to provide education for their employees in the use and
implementation of electronic technologies. State agencies
are encouraged to make maximum use of the provisions of
RCW 28B.15.558, and training offered by the state department of personnel, to maximize employee education in
the creation, design, maintenance, and use of electronic
information systems and improved customer service delivery.
[1996 c 171 § 14.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
43.105.310 Accuracy, integrity, and privacy of
records and information. State agencies and local governments that collect and enter information concerning individuals into electronic records and information systems that
will be widely accessible by the public under RCW
42.17.020 shall ensure the accuracy of this information to the
extent possible. To the extent possible, information must be
collected directly from, and with the consent of, the individual who is the subject of the data. Agencies shall establish
procedures for correcting inaccurate information, including
establishing mechanisms for individuals to review information about themselves and recommend changes in information they believe to be inaccurate. The inclusion of personal
information in electronic public records that is widely
available to the public should include information on the
date when the data base was created or most recently
updated. If personally identifiable information is included in
electronic public records that are made widely available to
the public, agencies must follow retention and archival
schedules in accordance with chapter 40.14 RCW, retaining
personally identifiable information only as long as needed to
carry out the purpose for which it was collected. [1996 c
171 § 15.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
43.105.320 Departmental authority as certification
authority for electronic authentication. The department of
information services may become a licensed certification
authority, under chapter 19.34 RCW, for the purpose of providing services to agencies, local governments, and other
entities and persons for purposes of official state business.
The department is not subject to RCW 19.34.100(1)(a). The
department shall only issue certificates, as defined in RCW
19.34.020, in which the subscriber is:
(1) The state of Washington or a department, office, or
agency of the state;
(2) A city, county, district, or other municipal corporation, or a department, office, or agency of the city, county,
district, or municipal corporation;
(2002 Ed.)
43.105.290
(3) An agent or employee of an entity described by
subsection (1) or (2) of this section, for purposes of official
public business;
(4) Any other person or entity engaged in matters of
official public business, however, such certificates shall be
limited only to matters of official public business. The
department may issue certificates to such persons or entities
only if after issuing a request for proposals from certification
authorities licensed under chapter 19.34 RCW and review of
the submitted proposals, makes a determination that such
private services are not sufficient to meet the department’s
published requirements. The department must set forth in
writing the basis of any such determination and provide
procedures for challenge of the determination as provided by
the state procurement requirements; or
(5) An applicant for a license as a certification authority
for the purpose of compliance with RCW 19.34.100(1)(a).
[1999 c 287 § 18; 1997 c 27 § 29.]
Task force—Review—Expiration of section—1999 c 287: "(1) If
the department of information services issues certificates to nongovernmental entities or individuals pursuant to section 18(4) of this act, the office
of financial management shall convene a task force, which shall include
both governmental and nongovernmental representatives, to review the
practice of the state issuing certificates to nongovernmental entities or
individuals for the purpose of conducting official public business. The task
force shall prepare and submit its findings to the appropriate legislative
committees by December 31, 2000.
(2) This section expires June 30, 2001." [1999 c 287 § 19.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
43.105.800 K-20 educational network board. The
K-20 educational network board is created. The purpose of
the K-20 board is to ensure that the K-20 educational
telecommunications network is operated in a way that serves
the broad public interest above the interest of any network
user.
(1) The K-20 board shall comprise eleven voting and
seven nonvoting members as follows:
(a) Voting members shall include: A person designated
by the governor; one member of each caucus of the senate,
appointed by the president of the senate; one member of
each caucus of the house of representatives, appointed by the
speaker of the house of representatives; the superintendent of
public instruction or his or her designee; the executive
director of the higher education coordinating board or his or
her designee; the executive director of the state board for
community and technical colleges or his or her designee; the
chair of the information services board, or his or her
designee; the director of the department of information
services or his or her designee; and one citizen member.
The citizen member shall be appointed to a four-year
term by the governor with the consent of the senate. The
governor shall appoint the citizen member of the K-20 board
by July 30, 1999.
(b) Nonvoting members shall include one community or
technical college president, appointed by the state board for
technical and community colleges; one president of a public
baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district
superintendent, one school district superintendent, and one
representative of an approved private school, appointed by
[Title 43 RCW—page 473]
43.105.800
Title 43 RCW: State Government—Executive
the superintendent of public instruction; and one representative of independent baccalaureate institutions, appointed
by the Washington association of independent colleges and
universities.
(2) The director of the department of information
services or his or her designee shall serve as chair of the K20 board. The department of information services shall
provide staffing to the K-20 board. A majority of the voting
members of the K-20 board shall constitute a quorum for the
transaction of business.
(3) The citizen member of the K-20 board shall be
compensated in accordance with RCW 43.03.250. [1999 c
285 § 2.]
43.105.805 K-20 educational network board—
Powers and duties. The K-20 board has the following
powers and duties:
(1) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for the network;
(2) To ensure that the goals and measurable objectives
of the network are the basis for any decisions or recommendations regarding the technical development and operation of
the network;
(3) To adopt, modify, and implement policies to
facilitate network development, operation, and expansion.
Such policies may include but need not be limited to the
following issues: Quality of educational services; access to
the network by recognized organizations and accredited
institutions that deliver educational programming, including
public libraries; prioritization of programming within limited
resources; prioritization of access to the system and the
sharing of technological advances; network security; identification and evaluation of emerging technologies for delivery
of educational programs; future expansion or redirection of
the system; network fee structures; and costs for the development and operation of the network;
(4) To prepare and submit to the governor and the
legislature a coordinated budget for network development,
operation, and expansion. The budget shall include the
recommendations of the K-20 board on (a) any state funding
requested for network transport and equipment, distance
education facilities and hardware or software specific to the
use of the network, and proposed new network end sites, (b)
annual copayments to be charged to public educational sector
institutions and other public entities connected to the
network, and (c) charges to nongovernmental entities
connected to the network;
(5) To adopt and monitor the implementation of a
methodology to evaluate the effectiveness of the network in
achieving the educational goals and measurable objectives;
(6) To authorize the release of funds from the K-20
technology account under RCW 43.105.830 for network
expenditures;
(7) To establish by rule acceptable use policies governing user eligibility for participation in the K-20 network,
acceptable uses of network resources, and procedures for
enforcement of such policies. The K-20 board shall set forth
appropriate procedures for enforcement of acceptable use
policies, that may include suspension of network connections
and removal of shared equipment for violations of network
[Title 43 RCW—page 474]
conditions or policies. However, the information services
board shall have sole responsibility for the implementation
of enforcement procedures relating to technical conditions of
use. [1999 c 285 § 3.]
43.105.810 K-20 network technical steering committee. The K-20 network technical steering committee is
established, and shall report to the information services
board.
(1) The committee consists of the following seven
voting members: A representative of the higher education
coordinating board, appointed by its executive director; a
representative of the superintendent of public instruction, appointed by the superintendent of public instruction; a
representative of the state board for community and technical
colleges, appointed by its executive director; a representative
of the educational services districts, appointed by that
organization; a representative of the baccalaureate institutions, appointed by the council of presidents; a representative
of the computer or telecommunications industry, appointed
by the governor; and a representative of the department,
appointed by the director. The committee includes as ex
officio, nonvoting members, a representative of the organization that operates the K-20 network under RCW 43.105.815,
appointed by that organization; the state librarian; a representative of the independent nonprofit institutions of higher
education, appointed by the Washington association of independent colleges and universities; and such additional ex
officio, nonvoting members as may be appointed by the
information services board. The committee shall select a
chair from among its members.
(2) The committee shall have general operational and
technical oversight over the K-20 network, as delegated by
the information services board.
(3) The department shall supply necessary staff support
to the committee. [1999 c 285 § 6.]
43.105.815 K-20 operations cooperative—Ongoing
management. The department shall maintain, in consultation with the network users and the board, the K-20 operations cooperative, which shall be responsible for day-to-day
network management, technical network status monitoring,
technical problem response coordination, and other duties as
agreed to by the department, the educational sectors, and the
information services board. Funding for the K-20 operations
cooperative shall be provided from the K-20 revolving fund
under RCW 43.105.835. [1999 c 285 § 8.]
43.105.820 K-20 telecommunication system—
Technical plan. The information services board shall
prepare a technical plan for the design and construction of
the K-20 telecommunication system. The board shall ensure
that the technical plan adheres to the goals and objectives
established under RCW 43.105.041. The board shall provide
formal project approval and oversight during the development and implementation of the K-20 telecommunications
network. In approving the plan, the board shall conduct a
request for proposal process. The technical plan shall be
developed in phases as follows:
(1) Phase one shall provide a telecommunication
backbone connecting educational service districts, the main
(2002 Ed.)
Department of Information Services
campuses of public baccalaureate institutions, the branch
campuses of public research institutions, and the main
campuses of community colleges and technical colleges.
(2) Phase two shall provide for (a) connection to the
network by entities that include, but need not be limited to:
School districts, public higher education off-campus and
extension centers, and branch campuses of community
colleges and technical colleges, as prioritized by the K-20
telecommunications oversight and policy committee, or as
modified by the board; (b) distance education facilities and
components for entities listed in subsections (1) and (2) of
this section; and (c) connection for independent nonprofit
institutions of higher education, provided that:
(i) The K-20 board and each independent nonprofit
institution of higher education to be connected agree in
writing to terms and conditions of connectivity. The terms
and conditions shall ensure, among other things, that the
provision of K-20 services does not violate Article VIII,
section 5 of the state Constitution and that the institution
shall adhere to network policies; and
(ii) The K-20 board determines that inclusion of the
independent nonprofit institutions of higher education will
not significantly affect the network’s eligibility for federal
universal service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be
limited to, connections to public libraries, state and local
governments, community resource centers, and the private
sector. [1999 c 285 § 11; 1996 c 137 § 8. Formerly RCW
28D.02.070.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
43.105.825
K-20 network—Oversight—
Coordination of telecommunications planning. (1) In
overseeing the technical aspects of the K-20 network, the
information services board is not intended to duplicate the
statutory responsibilities of the higher education coordinating
board, the superintendent of public instruction, the information services board, the state librarian, or the governing
boards of the institutions of higher education.
(2) The board may not interfere in any curriculum or
legally offered programming offered over the network.
(3) The coordination of telecommunications planning for
institutions of higher education as defined in RCW
28B.10.016 remains the responsibility of the higher education coordinating board under RCW 28B.80.600. The board
may recommend, but not require, revisions to the higher
education coordinating board’s telecommunications plan.
(4) The responsibility to review and approve standards
and common specifications for the network remains the
responsibility of the information services board under RCW
43.105.041.
(5) The coordination of telecommunications planning for
the common schools remains the responsibility of the
superintendent of public instruction. Except as set forth in
RCW 43.105.041(1)(d), the board may recommend, but not
require, revisions to the superintendent’s telecommunications
plans. [1999 c 285 § 7.]
43.105.830 K-20 technology account. The K-20
technology account is hereby created in the state treasury.
(2002 Ed.)
43.105.820
The department of information services shall deposit into the
account moneys received from legislative appropriations,
gifts, grants, and endowments for the buildout and installation of the K-20 telecommunication system. The account
shall be subject to appropriation and may be expended solely
for the K-20 telecommunication system. Disbursements
from the account shall be on authorization of the director of
the department of information services with approval of the
board. [1999 c 285 § 9; 1997 c 180 § 2; 1996 c 137 § 7.
Formerly RCW 28D.02.060.]
Effective date—1997 c 180: See note following RCW 43.105.835.
Effective date—1996 c 137: "Sections 1 through 11 and 13 through
15 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect immediately [March 25, 1996]."
[1996 c 137 § 19.]
Application—1996 c 137: "Nothing in this act shall prevent the
ongoing maintenance and operation of existing telecommunications and
information systems or programs." [1996 c 137 § 20.]
43.105.835 Education technology revolving fund.
(1) The education technology revolving fund is created in the
custody of the state treasurer. All receipts from billings
under subsection (2) of this section must be deposited in the
revolving fund. Only the director of the department of information services or the director’s designee may authorize
expenditures from the fund. The revolving fund shall be
used to pay for network operations, transport, equipment,
software, supplies, and services, maintenance and depreciation of on-site data, and shared infrastructure, and other costs
incidental to the development, operation, and administration
of shared educational information technology services,
telecommunications, and systems. The revolving fund shall
not be used for the acquisition, maintenance, or operations
of local telecommunications infrastructure or the maintenance or depreciation of on-premises video equipment
specific to a particular institution or group of institutions.
(2) The revolving fund and all disbursements from the
revolving fund are subject to the allotment procedure under
chapter 43.88 RCW, but an appropriation is not required for
expenditures. The department of information services shall,
in consultation with entities connected to the network under
RCW 43.105.820 and subject to the review and approval of
the office of financial management, establish and implement
a billing structure for network services identified in subsection (1) of this section.
(3) The department shall charge those public entities
connected to the K-20 telecommunications [telecommunication system] under RCW 43.105.820 an annual copayment
per unit of transport connection as determined by the
legislature after consideration of the K-20 board’s recommendations. This copayment shall be deposited into the
revolving fund to be used for the purposes in subsection (1)
of this section. It is the intent of the legislature to appropriate to the revolving fund such moneys as necessary to cover
the costs for transport, maintenance, and depreciation of data
equipment located at the individual public institutions,
maintenance and depreciation of the network backbone, and
services provided to the network under RCW 43.105.815.
[1999 c 285 § 10; 1997 c 180 § 1. Formerly RCW
28D.02.065.]
Effective date—1997 c 180: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
[Title 43 RCW—page 475]
43.105.835
Title 43 RCW: State Government—Executive
government and its existing public institutions, and takes effect immediately
[April 23, 1997]." [1997 c 180 § 3.]
43.105.900 Severability—1973 1st ex.s. c 219. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 1st ex.s. c 219 §
10.]
43.105.901 Severability—1987 c 504. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 504 § 25.]
43.105.902 Effective date—1987 c 504. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect July 1,
1987. [1987 c 504 § 26.]
43.105.903 Effective date—1999 c 285. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 1999.
[1999 c 285 § 14.]
43.105.904 Actions of telecommunications oversight
and policy committee—Savings—1999 c 285. Actions of
the telecommunications oversight and policy committee in
effect on June 30, 1999, shall remain in effect thereafter
unless modified or repealed by the K-20 board. [1999 c 285
§ 4.]
Chapter 43.110
MUNICIPAL RESEARCH COUNCIL
Sections
43.110.010 Council created—Membership—Terms—Travel expenses.
43.110.020 Transmission of funds to council from general fund for allocation—Contracts—Purposes.
43.110.030 Municipal research and services.
43.110.040 Local government regulation and policy handouts—
Technical assistance.
43.110.050 County research services account.
43.110.060 City and town research services account—Disbursal to municipal research council.
43.110.070 Hazardous liquid and gas pipeline—Model ordinance and
franchise agreement.
43.110.010 Council created—Membership—
Terms—Travel expenses. There shall be a state agency
which shall be known as the municipal research council.
The council shall be composed of fourteen members. Two
members shall be appointed by the president of the senate,
with equal representation from each of the two major political parties; two members shall be appointed by the speaker
of the house of representatives, with equal representation
from each of the two major political parties; one member
shall be the director of community, trade, and economic
development; six members, who shall be city or town
[Title 43 RCW—page 476]
officials, shall be appointed by the governor from a list of
six nominees submitted by the board of directors of the association of Washington cities; and three members, who shall
be county officials, shall be appointed by the governor, one
of whom shall be a nominee submitted by the board of
directors of the Washington association of county officials,
and two of whom shall be from a list of two nominees
submitted by the board of directors of the Washington state
association of counties. Of the city or town officials, at least
one shall be an official of a city having a population of
twenty thousand or more; at least one shall be an official of
a city having a population of one thousand five hundred to
twenty thousand; and at least one shall be an official of a
town having a population of less than one thousand five
hundred.
The terms of members shall be for two years. The
terms of those members who are appointed as legislators or
city, town, or county officials shall be dependent upon
continuance in legislative, city, town, or county office. The
terms of all members except legislative members shall
commence on the first day of August in every odd-numbered
year. The speaker of the house of representatives and the
president of the senate shall make their appointments on or
before the third Monday in January in each odd-numbered
year, and the terms of the members thus appointed shall
commence on the third Monday of January in each oddnumbered year.
Council members shall receive no compensation but
shall be reimbursed for travel expenses at rates in accordance
with RCW 43.03.050 and 43.03.060 as now existing or
hereafter amended, except that members of the council who
are also members of the legislature shall be reimbursed at
the rates provided by RCW 44.04.120. [2001 c 290 § 1;
1997 c 437 § 1; 1990 c 104 § 1; 1983 c 22 § 1; 1975-’76
2nd ex.s. c 34 § 129; 1975 1st ex.s. c 218 § 1; 1969 c 108
§ 2.]
Effective date—2001 c 290: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 290 § 2.]
Effective date—1997 c 437: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 437 § 6.]
Effective date—1983 c 22: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1983." [1983 c 22 § 5.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—Effective date—1969 c 108: See notes following
RCW 82.44.160.
43.110.020 Transmission of funds to council from
general fund for allocation—Contracts—Purposes. See
RCW 82.44.160.
43.110.030 Municipal research and services. The
municipal research council shall contract for the provision of
municipal research and services to cities, towns, and counties. Contracts for municipal research and services shall be
made with state agencies, educational institutions, or private
consulting firms, that in the judgment of council members
(2002 Ed.)
Municipal Research Council
are qualified to provide such research and services. Contracts for staff support may be made with state agencies,
educational institutions, or private consulting firms that in
the judgment of the council members are qualified to provide
such support.
Municipal research and services shall consist of: (1)
Studying and researching city, town, and county government
and issues relating to city, town, and county government; (2)
acquiring, preparing, and distributing publications related to
city, town, and county government and issues relating to
city, town, and county government; (3) providing educational
conferences relating to city, town, and county government
and issues relating to city, town, and county government;
and (4) furnishing legal, technical, consultative, and field
services to cities, towns, and counties concerning planning,
public health, utility services, fire protection, law enforcement, public works, and other issues relating to city, town,
and county government. Requests for legal services by
county officials shall be sent to the office of the county
prosecuting attorney. Responses by the municipal research
council to county requests for legal services shall be provided to the requesting official and the county prosecuting
attorney.
The activities, programs, and services of the municipal
research council shall be carried on in cooperation with the
association of Washington cities and the Washington state
association of counties. Services to cities and towns shall be
based upon the moneys appropriated to the municipal
research council from the city and town research services
account under RCW 43.110.060. Services to counties shall
be based upon the moneys appropriated to the municipal research council from the county research services account
under RCW 43.110.050. [2000 c 227 § 3; 1997 c 437 § 2;
1990 c 104 § 2.]
Effective date—2000 c 227: See note following RCW 43.110.060.
Effective date—1997 c 437: See note following RCW 43.110.010.
43.110.040 Local government regulation and policy
handouts—Technical assistance. The municipal research
council shall provide technical assistance in the compilation
of and support in the production of the handouts to be published and kept current by counties and cities under RCW
36.70B.220. [1996 c 206 § 10.]
43.110.030
43.110.060 City and town research services account—Disbursal to municipal research council. The city
and town research services account is created in the state
treasury. Moneys in the account shall consist of amounts
transferred under RCW 66.08.190(2) and any other transfers
or appropriations to the account. Moneys in the account
may be spent only after an appropriation. Expenditures from
the account may be used only for city and town research.
All unobligated moneys remaining in the account at the
end of the fiscal biennium shall be distributed by the
treasurer to the incorporated cities and towns of the state in
the same manner as the distribution under RCW
66.08.190(1)(b)(iii).
The treasurer may disburse amounts appropriated to the
municipal research council from the city and town research
services account by warrant or check to the contracting
parties on invoices or vouchers certified by the chair of the
municipal research council or his or her designee. Payments
to public agencies may be made in advance of actual work
contracted for, at the discretion of the council. [2002 c 38
§ 4; 2000 c 227 § 1.]
Effective date—2000 c 227: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2000." [2000 c 227 § 5.]
43.110.070 Hazardous liquid and gas pipeline—
Model ordinance and frachise agreement. The municipal
research council shall, by June 30, 2001, develop and
periodically update, for the consideration by local governments:
(1) A model ordinance that establishes setback and
depth requirements for new hazardous liquid and gas
pipeline construction; and
(2) A model franchise agreement for jurisdictions
through which a hazardous liquid or gas pipeline is located.
[2000 c 191 § 8.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
Chapter 43.113
COMMISSION ON AFRICAN-AMERICAN AFFAIRS
Findings—1996 c 206: See note following RCW 43.05.030.
43.110.050 County research services account. (1) A
special account is created in the state treasury to be known
as the county research services account. The account shall
consist of all money transferred to the account under RCW
82.08.170 or otherwise transferred or appropriated to the account by the legislature. Moneys in the account may be
spent only after appropriation. The account is subject to the
allotment process under chapter 43.88 RCW.
Moneys in the county research services account may be
expended only to finance the costs of county research.
(2) All unobligated moneys remaining in the account at
the end of the fiscal biennium shall be distributed by the
treasurer to the counties of the state in the same manner as
the distribution under RCW 82.08.170(1)(a). [2002 c 38 §
1; 1997 c 437 § 3.]
Effective date—1997 c 437: See note following RCW 43.110.010.
(2002 Ed.)
Sections
43.113.005 Legislative declaration.
43.113.010 Commission created.
43.113.020 Membership—Terms—Vacancies—Quorum—Expenses.
43.113.030 Powers and duties.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030 and 43.101.280.
43.113.005 Legislative declaration. The legislature
declares that it is the public policy of this state to insure
equal opportunity for all of its citizens. The legislature finds
that, for economic, social, and historical reasons, a disproportionate number of African-Americans find themselves disadvantaged or isolated from the benefits of equal opportunity. The legislature believes that it is the duty of this state to
improve the well-being of African-Americans by enabling
them to participate fully in all fields of endeavor and by
assisting them in obtaining governmental services. The
[Title 43 RCW—page 477]
43.113.005
Title 43 RCW: State Government—Executive
legislature further finds that the development of public policy
and the delivery of governmental services to meet the special
needs of African-Americans can be improved by establishing
a focal point in state government for the interests of AfricanAmerican citizens. Therefore, the legislature deems it
necessary to establish in statute the commission on AfricanAmerican affairs to further these purposes. [1992 c 96 § 1.]
43.113.010 Commission created. The Washington
state commission on African-American affairs is created.
The commission shall be administered by an executive director, who shall be appointed by, and serve at the pleasure of,
the governor. The governor shall set the salary of the
executive director. The executive director shall employ the
staff of the commission. [1992 c 96 § 2.]
43.113.020 Membership—Terms—Vacancies—
Quorum—Expenses. The commission shall consist of nine
members, appointed by the governor. The commission shall
make recommendations to the governor on appointment of
the chair of the commission. The governor shall appoint the
chair of the commission. To the extent practicable, appointments to the commission shall be made to achieve a balanced representation based on African-American population
distribution within the state, geographic considerations, sex,
age, and occupation. Members shall serve three-year terms.
However, of the initial appointees, one-third shall serve
three-year terms, one-third shall serve two-year terms, and
one-third shall serve a one-year term. In the case of a
vacancy, appointment shall be for the remainder of the
unexpired term. No member shall serve more than two full
consecutive terms. Members shall be reimbursed for travel
expenses incurred in the performance of their duties in
accordance with RCW 43.03.050 and 43.03.060. Five
members shall constitute a quorum for the purposes of
conducting business. [1992 c 96 § 3.]
43.113.030 Powers and duties. The commission shall
have the following powers and duties:
(1) Examine and define issues pertaining to the rights
and needs of African-Americans, and make recommendations
to the governor and state agencies for changes in programs
and laws.
(2) Advise the governor and state agencies on the
development and implementation of policies, plans, and
programs that relate to the special needs of African-Americans.
(3) Acting in concert with the governor, advise the
legislature on issues of concern to the African-American
community.
(4) Establish relationships with state agencies, local
governments, and private sector organizations that promote
equal opportunity and benefits for African-Americans.
(5) Receive gifts, grants, and endowments from public
or private sources that are made for the use or benefit of the
commission and expend, without appropriation, the same or
any income from the gifts, grants, or endowments according
to their terms. [1992 c 96 § 4.]
[Title 43 RCW—page 478]
Chapter 43.115
STATE COMMISSION ON HISPANIC AFFAIRS
Sections
43.115.010 Legislative declaration.
43.115.020 Commission created.
43.115.030 Membership—Terms—Vacancies—Travel expenses—
Quorum.
43.115.040 Officers and employees—Rules and regulations.
43.115.045 Executive director.
43.115.060 Relationships with local government and private industry.
43.115.900 Severability—1971 ex.s. c 34.
Reviser’s note—Sunset Act application: The Washington state
commission on Hispanic affairs is subject to review, termination, and
possible extension under chapter 43.131 RCW, the Sunset Act. See RCW
43.131.341. RCW 43.115.010 through 43.115.060 and 43.115.900 are
scheduled for future repeal under RCW 43.131.342.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030 and 43.101.280.
43.115.010 Legislative declaration. The legislature
declares that the public policy of this state is to insure equal
opportunity for all of its citizens. The legislature believes
that it is the duty of the state to improve the well-being of
Hispanics by enabling them to participate fully in all fields
of endeavor and assisting them in obtaining governmental
services. The legislature further finds that the development
of public policy and the delivery of governmental services to
meet the special needs of Hispanics can be improved by
establishing a focal point in state government for the
interests of Hispanics. Therefore the legislature deems it
necessary to create a commission to carry out the purposes
of this chapter. [1993 c 261 § 1; 1987 c 249 § 1; 1971 ex.s.
c 34 § 1.]
Sunset Act application: See note following chapter digest.
43.115.020 Commission created. There is created a
Washington state commission on Hispanic affairs. [1987 c
249 § 2; 1971 ex.s. c 34 § 2.]
Sunset Act application: See note following chapter digest.
43.115.030 Membership—Terms—Vacancies—
Travel expenses—Quorum. (1) The commission shall
consist of eleven members of Hispanic origin appointed by
the governor. To the extent practicable, appointments to the
commission shall be made to achieve a balanced representation based on the Hispanic population distribution within the
state, geographic considerations, sex, age, and occupation.
Members shall serve three-year terms. No member shall
serve more than two full consecutive terms. Vacancies shall
be filled in the same manner as the original appointments.
(2) Members shall receive reimbursement for travel
expenses incurred in the performance of their duties in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended.
(3) Six members of the commission shall constitute a
quorum for the purpose of conducting business. [1993 c 261
§ 2; 1987 c 249 § 3; 1981 c 338 § 15; 1975-’76 2nd ex.s. c
34 § 130; 1971 ex.s. c 34 § 3.]
Sunset Act application: See note following chapter digest.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
(2002 Ed.)
State Commission on Hispanic Affairs
43.115.040 Officers and employees—Rules and
regulations. The commission shall have the following
powers and duties:
(1) Elect one of its members to serve as chairman;
(2) Adopt rules and regulations pursuant to chapter
34.05 RCW;
(3) Examine and define issues pertaining to the rights
and needs of Hispanics, and make recommendations to the
governor and state agencies for changes in programs and
laws;
(4) Advise the governor and state agencies on the
development and implementation of policies, plans, and
programs that relate to the special needs of Hispanics;
(5) Advise the legislature on issues of concern to the
Hispanic community;
(6) Establish relationships with state agencies, local
governments, and private sector organizations that promote
equal opportunity and benefits for Hispanics; and
(7) Receive gifts, grants, and endowments from public
or private sources that are made for the use or benefit of the
commission and expend, without appropriation, the same or
any income from the gifts, grants, or endowments according
to their terms. [1993 c 261 § 3; 1987 c 249 § 4; 1971 ex.s.
c 34 § 4.]
Sunset Act application: See note following chapter digest.
43.115.045 Executive director. (1) The commission
shall be administered by an executive director, who shall be
appointed by and serve at the pleasure of the governor. The
governor shall base the appointment of the executive director
on recommendations of the commission. The salary of the
executive director shall be set by the governor.
(2) The executive director shall employ a staff, who
shall be state employees pursuant to Title 41 RCW. The
executive director shall prescribe the duties of the staff as
may be necessary to implement the purposes of this chapter.
[1993 c 261 § 4.]
43.115.060 Relationships with local government and
private industry. In carrying out its duties the commission
may establish such relationships with local governments and
private industry as may be needed to promote equal opportunity for Hispanics in government, education and employment. [1987 c 249 § 6; 1971 ex.s. c 34 § 6.]
Sunset Act application: See note following chapter digest.
43.115.900 Severability—1971 ex.s. c 34. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 34 § 7.]
Sunset Act application: See note following chapter digest.
Chapter 43.117
STATE COMMISSION ON ASIAN PACIFIC
AMERICAN AFFAIRS
43.115.040
43.117.020 Definitions.
43.117.030 Commission established.
43.117.040 Membership—Terms—Vacancies—Travel expenses—
Quorum—Executive director.
43.117.050 Officers—Rules and regulations—Meetings.
43.117.060 Staff.
43.117.070 Duties of commission—State agencies to give assistance.
43.117.080 Promotion of equal opportunity and benefits.
43.117.090 Hearings—Information to be furnished to commission.
43.117.100 Gifts, grants and endowments—Receipt and expenditure.
43.117.110 Asian Pacific American heritage month.
43.117.900 Severability—1974 ex.s. c 140.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030 and 43.101.280.
43.117.010 Legislative declaration. The legislature
declares that the public policy of this state is to insure equal
opportunity for all of its citizens. The legislature finds that
Asian Pacific Americans have unique and special problems.
It is the purpose of this chapter to improve the well-being of
Asian Pacific Americans by insuring their access to participation in the fields of government, business, education, and
other areas. The legislature is particularly concerned with
the plight of those Asian Pacific Americans who, for
economic, linguistic, or cultural reasons, find themselves
disadvantaged or isolated from American society and the
benefits of equal opportunity. The legislature aims to help
these and all Asian Pacific Americans achieve full equality
and inclusion in American society. The legislature further
finds that it is necessary to aid Asian Pacific Americans in
obtaining governmental services in order to promote the
health, safety, and welfare of all the residents of this state.
Therefore the legislature deems it necessary to create a
commission to carry out the purposes of this chapter. [2000
c 236 § 1; 1995 c 67 § 2; 1983 c 119 § 1; 1974 ex.s. c 140
§ 1.]
Effective date—2000 c 236: "This act takes effect April 30, 2000."
[2000 c 236 § 4.]
Effective date—1983 c 119: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1983." [1983 c 119 § 5.]
43.117.020 Definitions. As used in this chapter unless
the context indicates otherwise:
(1) "Asian Pacific Americans" include persons of
Japanese, Chinese, Filipino, Korean, Samoan, Guamanian,
Thai, Vietnamese, Cambodian, Laotian, and other South East
Asian, South Asian, and Pacific Island ancestry.
(2) "Commission" means the Washington state commission on Asian Pacific American affairs in the office of the
governor. [1995 c 67 § 3; 1974 ex.s. c 140 § 2.]
43.117.030 Commission established. There is
established a Washington state commission on Asian Pacific
American affairs in the office of the governor. The now
existing Asian-American advisory council shall become the
commission upon enactment of this chapter. The council
may transfer all office equipment, including files and records
to the commission. [1995 c 67 § 4; 1974 ex.s. c 140 § 3.]
(Formerly: State commission on Asian-American affairs)
Sections
43.117.010 Legislative declaration.
(2002 Ed.)
43.117.040 Membership—Terms—Vacancies—
Travel expenses—Quorum—Executive director. (1) The
commission shall consist of twelve members appointed by
[Title 43 RCW—page 479]
43.117.040
Title 43 RCW: State Government—Executive
the governor. In making such appointments, the governor
shall give due consideration to recommendations submitted
to him by the commission. The governor may also consider
nominations of members made by the various Asian-American organizations in the state. The governor shall consider
nominations for membership based upon maintaining a
balanced distribution of Asian-ethnic, geographic, sex, age,
and occupational representation, where practicable.
(2) Appointments shall be for three years except in case
of a vacancy, in which event appointment shall be only for
the remainder of the unexpired term for which the vacancy
occurs. Vacancies shall be filled in the same manner as the
original appointments.
(3) Members shall receive reimbursement for travel
expenses incurred in the performance of their duties in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended.
(4) Seven members shall constitute a quorum for the
purpose of conducting business.
(5) The governor shall appoint an executive director
based upon recommendations made by the council. [1982 c
68 § 1; 1981 c 338 § 16; 1975-’76 2nd ex.s. c 34 § 131;
1974 ex.s. c 140 § 4.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
43.117.050 Officers—Rules and regulations—
Meetings. The commission shall:
(1) Elect one of its members to serve as chairman; and
also such other officers as necessary to form an executive
committee;
(2) Adopt rules and regulations pursuant to chapter
34.05 RCW;
(3) Meet at the call of the chairman or the call of a
majority of its members, but in no case less often than once
during any three month period;
(4) Be authorized to appoint such citizen task force as
it deems appropriate. [1974 ex.s. c 140 § 5.]
43.117.060 Staff. The executive director shall employ
a staff who shall be state employees pursuant to Title 41
RCW and prescribe their duties as may be necessary to
implement the purposes of this chapter. [1974 ex.s. c 140 §
6.]
43.117.070 Duties of commission—State agencies to
give assistance. (1) The commission shall examine and
define issues pertaining to the rights and needs of Asian
Pacific Americans, and make recommendations to the
governor and state agencies with respect to desirable changes
in program and law.
(2) The commission shall advise such state government
agencies on the development and implementation of comprehensive and coordinated policies, plans, and programs
focusing on the special problems and needs of Asian Pacific
Americans.
(3) The commission shall coordinate and assist with
statewide celebrations during the fourth week of Asian
Pacific American Heritage Month that recognize the contributions to the state by Asian Pacific Americans in the arts,
sciences, commerce, and education.
[Title 43 RCW—page 480]
(4) Each state department and agency shall provide
appropriate and reasonable assistance to the commission as
needed in order that the commission may carry out the
purposes of this chapter. [2000 c 236 § 3; 1995 c 67 § 5;
1974 ex.s. c 140 § 7.]
Effective date—2000 c 236: See note following RCW 43.117.010.
43.117.080 Promotion of equal opportunity and
benefits. In carrying out its duties, the commission may
establish such relationships with local governments and
private industry as may be needed to promote equal opportunity and benefits to Asian Pacific Americans in government,
education, economic development, employment, and services.
[1995 c 67 § 6; 1974 ex.s. c 140 § 8.]
43.117.090 Hearings—Information to be furnished
to commission. (1) The commission may for the purpose of
carrying out the purposes of this chapter hold such public
hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the commission
may deem advisable. The commission may administer oaths
or affirmations to witnesses appearing before it. At least
five members of the commission must be present to conduct
a hearing.
(2) The commission may secure directly from any
department or agency of the state information necessary to
enable it to carry out the purposes of this chapter. Upon
request of the chairman of the commission, the head of such
department or agency shall furnish such information to the
commission. [1974 ex.s. c 140 § 9.]
43.117.100 Gifts, grants and endowments—Receipt
and expenditure. The commission shall have authority to
receive such gifts, grants, and endowments from public or
private sources as may be made from time to time in trust or
otherwise for the use and benefit of the purposes of the
commission and to expend the same or any income therefrom according to the terms of said gifts, grants, or endowments. [1974 ex.s. c 140 § 10.]
43.117.110 Asian Pacific American heritage month.
The legislature declares that:
(1) May of each year will be known as Asian Pacific
American heritage month;
(2) The fourth week of May is designated as a time for
people of this state to celebrate the contributions to the state
by Asian Pacific Americans in the arts, sciences, commerce,
and education; and
(3) Educational institutions, public entities, and private
organizations are encouraged to designate time for appropriate activities in commemoration of the lives, history,
achievements, and contributions of Asian Pacific Americans.
[2000 c 236 § 2.]
Effective date—2000 c 236: See note following RCW 43.117.010.
43.117.900 Severability—1974 ex.s. c 140. If any
provision of this 1974 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 140 § 11.]
(2002 Ed.)
Council for the Prevention of Child Abuse and Neglect
Chapter 43.121
Sections
43.121.010 Legislative declaration, intent.
43.121.015 Definitions.
43.121.020 Council established—Members, chairperson—Appointment,
qualifications, terms, vacancies.
43.121.030 Compensation and travel expenses of members.
43.121.040 Executive director, salary—Staff.
43.121.050 Council powers and duties—Generally—Rules.
43.121.060 Contracts for services—Scope of programs—Funding.
43.121.070 Contracts for services—Factors in awarding.
43.121.080 Contracts for services—Partial funding by administering
organization, what constitutes.
43.121.100 Contributions, grants, gifts—Depository for and disbursement and expenditure control of moneys received—
Children’s trust fund.
43.121.110 Parenting skills—Legislative findings.
43.121.120 Community-based early parenting skills programs—Funding.
43.121.130 Decreased state funding of parenting skills programs—
Evaluation.
43.121.140 Shaken baby syndrome—Outreach campaign.
43.121.150 Juvenile crime—Legislative findings.
43.121.910 Severability—1982 c 4.
43.121.010 Legislative declaration, intent. The
legislature recognizes that child abuse and neglect is a threat
to the family unit and imposes major expenses on society.
The legislature further declares that there is a need to assist
private and public agencies in identifying and establishing
community based educational and service programs for the
prevention of child abuse and neglect. It is the intent of the
legislature that an increase in prevention programs will help
reduce the breakdown in families and thus reduce the need
for state intervention and state expense. It is further the
intent of the legislature that prevention of child abuse and
child neglect programs are partnerships between communities, citizens, and the state. [1982 c 4 § 1.]
governor a Washington council for the prevention of child
abuse and neglect subject to the jurisdiction of the governor.
(2) The council shall be composed of the chairperson
and thirteen other members as follows:
(a) The chairperson and six other members shall be
appointed by the governor and shall be selected for their
interest and expertise in the prevention of child abuse. A
minimum of four designees by the governor shall not be
affiliated with governmental agencies. The appointments
shall be made on a geographic basis to assure statewide
representation. Members appointed by the governor shall
serve for three-year terms. Vacancies shall be filled for any
unexpired term by appointment in the same manner as the
original appointments were made.
(b) The secretary of social and health services or the
secretary’s designee, the superintendent of public instruction
or the superintendent’s designee, and the secretary of the
department of health or the secretary’s designee shall serve
as voting members of the council.
(c) In addition to the members of the council, four
members of the legislature shall serve as nonvoting, ex
officio members of the council, one from each political
caucus of the house of representatives to be appointed by the
speaker of the house of representatives and one from each
political caucus of the senate to be appointed by the president of the senate. [1996 c 10 § 1; 1994 c 48 § 1; 1989 c
304 § 4; 1987 c 351 § 3; 1984 c 261 § 1; 1982 c 4 § 2.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
Severability—1984 c 261: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 261 § 8.]
Chapter 43.121
COUNCIL FOR THE PREVENTION OF CHILD
ABUSE AND NEGLECT
43.121.015 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Child" means an unmarried person who is under
eighteen years of age.
(2) "Council" means the Washington council for the
prevention of child abuse and neglect.
(3) "Primary prevention" of child abuse and neglect
means any effort designed to inhibit or preclude the initial
occurrence of child abuse and neglect, both by the promotion
of positive parenting and family interaction, and the
remediation of factors linked to causes of child maltreatment.
(4) "Secondary prevention" means services and programs that identify and assist families under such stress that
abuse or neglect is likely or families display symptoms
associated with child abuse or neglect. [1988 c 278 § 4;
1987 c 351 § 2.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
43.121.020 Council established—Members, chairperson—Appointment, qualifications, terms, vacancies.
(1) There is established in the executive office of the
(2002 Ed.)
43.121.030 Compensation and travel expenses of
members. Council members shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Attendance at meetings of the council shall be
deemed performance by a member of the duties of a
member’s employment. [1984 c 287 § 87; 1982 c 4 § 3.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.121.040 Executive director, salary—Staff. The
governor may employ an executive director who shall be
exempt from the provisions of chapter 41.06 RCW, and such
other staff as are necessary to carry out the purposes of this
chapter. The salary of the executive director shall be fixed
by the governor pursuant to RCW 43.03.040. [1982 c 4 §
4.]
43.121.050 Council powers and duties—Generally—
Rules. To carry out the purposes of this chapter, the council
may:
(1) Contract with public or private nonprofit organizations, agencies, schools, or with qualified individuals for the
establishment of community-based educational and service
programs designed to:
(a) Reduce the occurrence of child abuse and neglect;
and
[Title 43 RCW—page 481]
43.121.050
Title 43 RCW: State Government—Executive
(b) Provide for parenting skills which include: Consistency in parenting; providing children with positive discipline
that provides firm order without hurting children physically
or emotionally; and preserving and nurturing the family unit.
Programs to provide these parenting skills may include the
following:
(i) Programs to teach positive methods of disciplining
children;
(ii) Programs to educate parents about the physical,
mental, and emotional development of children;
(iii) Programs to enhance the skills of parents in
providing for their children’s learning and development; and
(iv) Learning experiences for children and parents to
help prepare parents and children for the experiences in
school. Contracts also may be awarded for research programs related to primary and secondary prevention of child
abuse and neglect, and to develop and strengthen community
child abuse and neglect prevention networks. Each contract
entered into by the council shall contain a provision for the
evaluation of services provided under the contract. Contracts
for services to prevent child abuse and child neglect shall be
awarded as demonstration projects with continuation based
upon goal attainment. Contracts for services to prevent child
abuse and child neglect shall be awarded on the basis of
probability of success based in part upon sound research
data.
(2) Facilitate the exchange of information between
groups concerned with families and children.
(3) Consult with applicable state agencies, commissions,
and boards to help determine the probable effectiveness,
fiscal soundness, and need for proposed educational and
service programs for the prevention of child abuse and neglect.
(4) Establish fee schedules to provide for the recipients
of services to reimburse the state general fund for the cost
of services received.
(5) Adopt its own bylaws.
(6) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter. [1988 c 278 § 5;
1987 c 351 § 4; 1982 c 4 § 5.]
43.121.070 Contracts for services—Factors in
awarding. In awarding contracts under RCW 43.121.060,
consideration shall be given to factors such as need, diversity
of geographic locations, coordination with or enhancement
of existing services, and the extensive use of volunteers in
the program. Further consideration shall be given to the
extent to which contract proposals are based on prior
research that indicates a probability of goal achievement.
[1982 c 4 § 7.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
43.121.110 Parenting skills—Legislative findings.
The legislature believes that parents who have developed
good early parenting skills provide homes where children are
treated with dignity and respect and where closeness and
trust among family members provide children with the basis
for a productive adult life. The legislature also believes that
children raised in this positive atmosphere will develop self
esteem and are unlikely to become dependent upon the social
service system or to be involved in the criminal justice
system. The legislature further believes that teaching parents
good early parenting skills can help eliminate physical and
emotional abuse of children. [1988 c 278 § 1.]
43.121.060 Contracts for services—Scope of programs—Funding. Programs contracted for under this
chapter are intended to provide primary child abuse and
neglect prevention services. Such programs may include, but
are not limited to:
(1) Community-based educational programs on prenatal
care, perinatal bonding, child development, basic child care,
care of children with special needs, and coping with family
stress; and
(2) Community-based programs relating to crisis care,
aid to parents, child-abuse counseling, support groups for
abusive or potentially abusive parents and their children, and
early identification of families where the potential for child
abuse and neglect exists.
The council shall develop policies to determine whether
programs will be demonstration or will receive continuous
funding. Nothing in this chapter requires continued funding
by the state. [1982 c 4 § 6.]
[Title 43 RCW—page 482]
43.121.080 Contracts for services—Partial funding
by administering organization, what constitutes. Twentyfive percent of the funding for programs under this chapter
shall be provided by the organization administering the
program. Contributions of materials, supplies, or physical
facilities may be considered as all or part of the funding
provided by the organization. [1982 c 4 § 8.]
43.121.100 Contributions, grants, gifts—Depository
for and disbursement and expenditure control of moneys
received—Children’s trust fund. The council may accept
contributions, grants, or gifts in cash or otherwise, including
funds generated by the sale of "heirloom" birth certificates
under chapter 70.58 RCW from persons, associations, or
corporations. All moneys received by the council or any
employee thereof from contributions, grants, or gifts and not
through appropriation by the legislature shall be deposited in
a depository approved by the state treasurer to be known as
the children’s trust fund. Disbursements of such funds shall
be on the authorization of the council or a duly authorized
representative thereof and only for the purposes stated in
RCW 43.121.050. In order to maintain an effective expenditure and revenue control, such funds shall be subject in all
respects to chapter 43.88 RCW, but no appropriation shall be
required to permit expenditure of such funds. [1987 c 351
§ 5; 1984 c 261 § 3; 1982 c 4 § 10.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
Severability—1984 c 261: See note following RCW 43.121.020.
43.121.120 Community-based early parenting skills
programs—Funding. (1) In order to increase the knowledge of early parenting skills of parents in Washington state,
voluntary community based programs on early parenting
skills shall be established. The council shall fund, within
available funds, and monitor community-based early
parenting skills programs in at least three geographically
(2002 Ed.)
Council for the Prevention of Child Abuse and Neglect
balanced areas around the state. Successful programs which
the council and the national center on child abuse and
neglect have funded or currently fund, may be used as
models for the projects.
(2) The early parenting education program shall be
designed to serve families with children ranging from infants
through three years old and also to serve expectant parents.
The projects may include the following:
(a) Education for parents about the physical, mental, and
emotional development of children;
(b) Programs to enhance the skills of parents in providing for learning and development of their children;
(c) Shared learning experiences for children and parents;
(d) Activities designed to screen for children’s physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(e) Resources for educational materials which may be
borrowed for home use;
(f) Information on related community resources;
(g) Group support which may include counseling for
parents under stress;
(h) Emphasis to encourage participation by fathers; or
(i) Other programs or activities consistent with this
chapter.
(3) The programs shall be reviewed periodically to
provide that the instruction and materials are not racially,
culturally, or sexually biased.
(4) The services provided by the projects shall be
coordinated with schools and social services provided in the
community to avoid duplication of services.
(5) A sliding fee scale shall be utilized at the discretion
of the council. [1988 c 278 § 2.]
43.121.130 Decreased state funding of parenting
skills programs—Evaluation. (1) Funding shall be provided, as funds are available, in decreasing amounts over a twoyear period, with the goal of having the programs become
supported by local communities at the end of a two-year
period. State funding may be continued in areas where local
funding would be difficult to obtain due to local economic
conditions to the extent funding is made available to the
council.
(2) The council shall work with the projects in the
program to evaluate the results of the projects. The council
shall make recommendations on these projects and the
program. A project agreeing to develop an evaluation
component shall be considered for a three-year funding
schedule. [1998 c 245 § 48; 1988 c 278 § 3.]
43.121.140 Shaken baby syndrome—Outreach
campaign. The council shall conduct a proactive, public
information and communication outreach campaign regarding
the dangers of shaking infants and young children, and the
causes and prevention of shaken baby syndrome.
The public information campaign shall include production and distribution of a readily understandable brochure
regarding shaken baby syndrome, explaining its medical
effects upon infants and emphasizing preventive measures.
The brochure shall be distributed free of charge to the
parents or guardians of each newborn, upon discharge from
a hospital or other health facility. In the event of home birth
(2002 Ed.)
43.121.120
attended by a licensed midwife, the midwife shall be responsible for presenting the brochure to the parents of the
newborn.
The public information campaign may, within available
funds, also include communication by electronic media,
telephone hotlines, and existing parenting education events
funded by the council. [1993 c 107 § 2.]
Finding—1993 c 107: "The legislature finds that shaken baby
syndrome is a medically serious, sometimes fatal, usually unintentional
matter affecting newborns and very young children.
Vigorous shaking of an infant can result in bleeding inside the head,
causing irreversible brain damage, blindness, cerebral palsy, hearing loss,
spinal cord injury, seizures, learning disabilities, or death. Many healthy,
intelligent infants suffer from shaken baby syndrome because their
caregivers were unaware of the dangers. The damage is preventable through
education and awareness." [1993 c 107 § 1.]
43.121.150 Juvenile crime—Legislative findings.
The legislature of the state of Washington finds that community deterioration and family disintegration are increasing
problems in our state. One clear indicator of this damage is
juvenile crime and violence. The legislature further finds
that prevention is one of the best methods of fighting
juvenile crime. Building more facilities to house juvenile
offenders can be at best only one part of any solution. Any
increased spending on confining juvenile offenders must be
closely linked to existing efforts to prevent juvenile crime.
[1997 c 338 § 56.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
43.121.910 Severability—1982 c 4. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 4 § 15.]
Chapter 43.126
GEOGRAPHIC NAMES
Sections
43.126.015 Purposes.
43.126.025 State board on geographic names created—Membership—
Chairman.
43.126.035 Powers and duties.
43.126.045 Policies—Criteria.
43.126.055 Adoption of names—Procedure—Effect.
43.126.065 Meetings—Rules—Publication of adopted names.
43.126.075 Compensation and travel expenses of members.
43.126.085 Naming geographic features without board approval prohibited.
43.126.015 Purposes. The purposes of this chapter
are: To establish a procedure for the retention and formal
recognition of existing geographical names; to standardize
the procedures for naming or renaming geographical features
within the state of Washington; to identify one body as the
responsible agency to coordinate this important activity
between local, state, and federal agencies; to identify the
responsible agency for the purpose of serving the public
interest; to avoid the duplication of names for similar
features whenever possible; and as far as possible, to retain
[Title 43 RCW—page 483]
43.126.015
Title 43 RCW: State Government—Executive
the significance, spelling, and color of names associated with
the early history of Washington. [1983 c 273 § 1.]
43.126.025 State board on geographic names
created—Membership—Chairman. There is hereby
created a Washington state board on geographic names
composed of:
(1) The state librarian or a representative;
(2) The commissioner of public lands or a representative;
(3) The chairperson of the Washington state heritage
council created by 1983 law; and
(4) Four members from the general public to be appointed by the commissioner of public lands.
The commissioner of public lands or his or her representative shall be chairman of the board.
The members of the initial board to be appointed by the
commissioner shall be appointed as follows: One member
for a one-year term, one member for a two-year term, one
member for a three-year term, and one member for a fouryear term. Thereafter, each member shall be appointed for
a three-year term. Each member of the board shall continue
in office until a successor is appointed. [1983 c 273 § 2.]
43.126.035 Powers and duties. It shall be the duty
of the Washington state board on geographic names and it
shall have the power and authority to:
(1) Establish the official names for the lakes, mountains,
streams, places, towns, and other geographic features within
the state and the spellings thereof except when a name is
specified by law. For the purposes of this subsection
geographic features do not include man-made features or
administrative areas such as parks, game reserves, and dams,
but shall include man-made lakes;
(2) Assign names to lakes, mountains, streams, places,
towns, and other geographic features in the state for which
no single generally accepted name has been in use;
(3) Cooperate with county commissioners, state departments, and agencies, and with the United States board on
geographic names to establish, change and/or determine the
appropriate names of the lakes, mountains, streams, places,
towns, and other geographic features for the purpose of
eliminating, as far as possible, duplication of place names
within the state;
(4) Serve as a state of Washington liaison with the
United States board on geographic names;
(5) Periodically issue a list of names approved by the
board. [1983 c 273 § 3.]
43.126.045 Policies—Criteria. The board is authorized to establish policies to carry out the purposes of this
chapter. In determining the names and spelling of geographic place names within the state of Washington, the board’s
decisions shall be made only after a careful consideration of
all available information relating to such names, including
the recommendations of the United States board on geographic names, with which the board shall cooperate. [1983
c 273 § 4.]
43.126.055 Adoption of names—Procedure—Effect.
Adoption of names by the board shall take place only after
[Title 43 RCW—page 484]
consideration at a previous meeting. All board determinations shall be filed with the code reviser and shall be compiled and indexed in the same manner as agency rules under
RCW 34.05.210. Determinations by the board shall not be
considered a rule under RCW 34.05.010. Whenever the
state board on geographic names has given a name to any
lake, stream, place, or other geographic feature within the
state, that name shall be used in all maps, records, documents, and other publications issued by the state or any of
its departments and political subdivisions, and that name
shall be the official name of the geographic feature. [1983
c 273 § 5.]
43.126.065 Meetings—Rules—Publication of
adopted names. (1) The board shall hold at least two
meetings each year, and shall hold special meetings as called
by the chairman or a majority of the board.
(2) All meetings shall be open to the public.
(3) Notice of all board meetings shall be as provided in
RCW 42.30.080. This notice includes those names to be
considered by the board and those names to be adopted by
the board.
(4) Four board members shall constitute a quorum.
(5) The board shall establish rules for the conduct of its
affairs and to carry out the purposes of this chapter.
(6) The department of natural resources shall furnish
secretarial and administrative services and shall serve as
custodian of the records.
(7) All geographic names adopted by the board shall be
published in the Washington State Register. [1983 c 273 §
6.]
43.126.075 Compensation and travel expenses of
members. Members of the board who are not otherwise
public employees shall be compensated in accordance with
RCW 43.03.240 and shall be reimbursed for travel expenses
as provided in RCW 43.03.050 and 43.03.060, which shall
be paid by the agency that each member represents and, for
the four members of the general public, by the department
of natural resources. [1984 c 287 § 88; 1983 c 273 § 7.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.126.085 Naming geographic features without
board approval prohibited. A person shall not, in any
advertisement or publication, attempt to change local usage
or name unnamed geographic features without first obtaining
approval of the board. [1983 c 273 § 8.]
Chapter 43.130
ECONOMIC IMPACT ACT—CLOSING OF
STATE FACILITIES
Sections
43.130.010
43.130.020
43.130.030
43.130.040
43.130.050
43.130.060
43.130.900
43.130.910
Purpose.
Definitions.
Excluded employment and employees.
Benefits.
Eligibility—Conditions.
Reimbursement of public employees’ retirement system.
Severability—1973 2nd ex.s. c 37.
Emergency—Operative dates—Termination of benefits.
(2002 Ed.)
Economic Impact Act—Closing of State Facilities
43.130.010 Purpose. When either for fiscal reasons,
obsolescence or other extraordinary reasons, it becomes
necessary to close a state facility, as defined by RCW
43.130.020(2), the state has a responsibility to provide
certain benefits to affected employees.
It is the purpose of this chapter to establish an economic
impact act for the state of Washington to meet the emergency situation now in existence for state employees affected by
the closure of state facilities, as defined in RCW 43.130.020.
[1973 2nd ex.s. c 37 § 1.]
43.130.020 Definitions. For purposes of this chapter:
(1) "Employees" includes those persons performing
services for the state on a salaried or hourly basis including,
but not limited to, persons in "classified service" as defined
in RCW 41.06.020(3) and those persons defined as exempt
from the state civil service laws pursuant to RCW 41.06.070.
(2) The term "closure of a state facility" means the
termination of services being provided by a facility operated
by the department of social and health services or in conjunction with the department of natural resources, when such
facility is terminated for fiscal reasons, obsolescence, or
other extraordinary reasons.
(3) "Classified employees" means those employees
performing classified service as defined in RCW
41.06.020(3). [1973 2nd ex.s. c 37 § 2.]
43.130.030 Excluded employment and employees.
Excluded employment and excluded employees under this
chapter include, but are not limited to, the following:
(1) State employment related to a single project under
a program separately financed by a grant of nonstate funds,
federal funds or state funds, or by a combination of such
funding, which is designed to provide training or employment opportunities, expertise or additional manpower related
to the project or which, because of the nature of the project
funding requirements, is not intended as a permanent
program.
(2) Activities at least seventy-five percent federally
funded by a categorical grant for a specific purpose and any
other activities terminated because of actions taken by the
federal government or other funding sources other than the
state of Washington in eliminating or substantially limiting
funding sources, except to the extent that the federal government or such other funding sources may permit the use of
nonstate funds to pay for any employee benefits authorized
pursuant to this chapter.
(3) The following categories of employees are excluded
from benefits under this chapter:
(a) employees refusing transfer to vacant positions in the
same or a like job classification and at not more than one
full range lower than the same salary range;
(b) classified employees having other than permanent
status in the classified service;
(c) employees having less than three years’ consecutive
state service as an employee, except that such employees
shall nonetheless be eligible for the benefits provided in
subsections (1), (2), (4) and (5) of RCW 43.130.040.
(d) nothing in this chapter shall affect any other rights
currently held by classified employees regarding reduction in
(2002 Ed.)
43.130.010
force procedures and subsequent reemployment. [1973 2nd
ex.s. c 37 § 3.]
43.130.040 Benefits. In order to carry out the
purposes of this chapter, the state shall take every reasonable
step at its disposal to provide alternative employment and to
minimize the economic loss of state employees affected by
the closure of state facilities. Affected state employees shall
be paid benefits as specified in this section.
(1) Relocation expenses covering the movement of
household goods, incurred by the necessity of an employee
moving his domicile to be within reasonable commuting
distance of a new job site, shall be paid by the state to
employees transferring to other state employment by reason
of the closure of a facility.
(2) Relocation leave shall be allowed up to five working
days’ leave with pay for the purpose of locating new
residence in the area of employment.
(3) The state shall reimburse the transferring employee
to the extent of any unavoidable financial loss suffered by an
employee who sells his home at a price less than the true
and fair market value as determined by the county assessor
not exceeding three thousand dollars: PROVIDED, That this
right of reimbursement must be exercised, and sale of the
property must be accomplished, within a period of two years
from the date other state employment is accepted.
(4) For employees in facilities which have been terminated who do not choose to participate in the transfer
program set forth in the preceding subsections, the following
terminal pay plan shall be available:
(a) For qualifying employees, for each one year of
continuous state service, one week (five working days) of
regular compensation shall be provided.
(b) Regular compensation as used in subsection (a)
hereof shall include salary compensation at the rate being
paid to the employees at the time operation of the facility is
terminated.
(c) Terminal pay as set forth in subsections (a) and (b)
hereof shall be paid to the employee at the termination of the
employees last month of employment or within thirty days
after *the effective date of this 1973 act, whichever is later:
PROVIDED, That from the total amount of terminal pay, the
average sum of unemployment compensation that the
qualifying employee is eligible to receive multiplied by the
total number of weeks of terminal pay minus one week shall
be deducted.
(d) Those employees electing the early retirement
benefits as stated in subsection (5) of this section shall not
be eligible for the terminal pay provisions as set forth in this
subsection.
(e) Those employees who are reemployed by the state
during the period they are receiving terminal pay pursuant to
subsections (a), (b) and (c) of this section shall reimburse the
state for that portion of the terminal pay covered by the
period of new employment.
(5) As an option to transferring to other state employment an employee may elect early retirement under the
following conditions:
(a) Notwithstanding the age requirements of RCW
41.40.180, any affected employee under this chapter who has
attained the age of fifty-five years, with at least five years
[Title 43 RCW—page 485]
43.130.040
Title 43 RCW: State Government—Executive
creditable service, shall be immediately eligible to retire,
with no actuarial reduction in the amount of his pension
benefit.
(b) Notwithstanding the age requirements of RCW
41.40.180, any affected employee under this chapter who has
attained the age of forty-five years, with at least five years
creditable service, shall be immediately eligible to retire with
an actuarial reduction in the amount of his pension benefit
of three percent for each complete year that such employee
is under fifty-five years of age.
(c) Employees who elect to retire pursuant to RCW
41.40.180 shall be eligible to retire while on authorized leave
of absence not in excess of one hundred and twenty days.
(d) Employees who elect to retire under the provisions
of this section shall not be eligible for any retirement benefit
in a year following a year in which their employment
income was in excess of six thousand dollars. This six
thousand dollars base shall be adjusted annually beginning
in 1974 by such cost of living adjustments as are applied by
the public employees’ retirement system to membership
retirement benefits. The public employees retirement system
board shall adopt necessary rules and regulations to implement the provisions of this subsection. [1973 2nd ex.s. c 37
§ 4.]
*Reviser’s note: The effective date of 1973 2nd ex.s. c 37 was
September 26, 1973.
Public employees’ retirement system: Chapter 41.40 RCW.
Termination date of benefits under subsection (3) of this section: RCW
43.130.910.
43.130.050 Eligibility—Conditions. (1) Notwithstanding any other provision of this chapter employees
affected by the closure of a state facility as defined in RCW
43.130.020(2) who were employed as of May 1, 1973 at
such facility, and who are still in employment of the state or
on an official leave of absence as of September 26, 1973,
who would otherwise qualify for the enumerated benefits of
this chapter are hereby declared eligible for such benefits
under the following conditions:
(a) such employee must be actively employed by the
state of Washington or on an official leave of absence on
September 26, 1973, and unless the early retirement or
terminal pay provisions of this chapter are elected, continue
to be employed or to be available for employment in a same
or like job classification at not less than one full range lower
than the same salary range for a period of at least thirty days
thereafter;
(b) such employee must give written notice of his
election to avail himself of such benefits within thirty days
after the *passage of this 1973 act or upon closure of the
institution, whichever is later. [1973 2nd ex.s. c 37 § 5.]
occasioned by the provisions of this chapter which affect the
retirement system, the *public employees’ retirement board
shall, within thirty days of the date upon which any affected
employee elects to take advantage of the retirement provisions of this chapter, determine the increased present and
future cost to the retirement system of such employee’s
election. Upon the determination of the amount necessary
to offset said increased cost, the *retirement board shall bill
the department of personnel for the amount of the increased
cost: PROVIDED, That such billing shall not exceed eight
hundred sixty-one thousand dollars. Such billing shall be
paid by the department as, and the same shall be, a proper
charge against any moneys available or appropriated to the
department for this purpose. [1973 2nd ex.s. c 37 § 6.]
*Reviser’s note: Powers, duties, and functions of the Washington
public employees’ retirement board were transferred to the director of
retirement systems by RCW 41.40.022, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
43.130.900 Severability—1973 2nd ex.s. c 37. If any
provision of this 1973 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1973 2nd ex.s. c 37 § 8.]
43.130.910 Emergency—Operative dates—
Termination of benefits. This 1973 act is necessary for the
immediate preservation of the public peace, health and
safety, the support of state government and its existing
public institutions and shall take effect immediately:
PROVIDED HOWEVER, That each of the provisions of this
1973 act shall be operative and in effect only for employees
of those state facilities closed after May 1, 1973 and prior to
September 14, 1974: PROVIDED FURTHER, That benefits
under section 4(3) of this 1973 act shall be available until
September 14, 1975. [1973 2nd ex.s. c 37 § 9.]
Chapter 43.131
WASHINGTON SUNSET ACT OF 1977
Sections
GENERAL PROVISIONS
43.131.010
43.131.020
43.131.030
43.131.040
43.131.051
43.131.061
43.131.071
43.131.090
Short title.
Findings.
Definitions.
Reestablishment of entity scheduled for termination—
Review.
Program and fiscal review—Reports.
Sunset termination and review—Performance measures—
Minimum period for sunset termination.
Scope of review—Recommendations to the legislature.
Termination of entity—Procedures—Employee transfers—
Property disposition—Funds and moneys—Rules—
Contracts.
Termination of entity—Pending business—Savings.
Committees—Reference to include successor.
Legislature—Powers unaffected by enactment of chapter.
Termination of entities—Review under Sunset Act.
*Reviser’s note: The effective date of 1973 2nd ex.s. c 37 was
September 26, 1973, due to the emergency clause contained in section 9,
codified as RCW 43.130.910.
1973 2nd ex.s. c 37 (Engrossed Substitute Senate Bill No. 2603)
passed the Senate September 14, 1973, passed the House September 13,
1973, and was approved by the governor September 26, 1973.
Employees to whom chapter is operative: RCW 43.130.910.
43.131.100
43.131.110
43.131.130
43.131.150
43.130.060 Reimbursement of public employees’
retirement system. In order to reimburse the public
employees’ retirement system for any increased costs
43.131.341 Washington state commission on Hispanic affairs—
Termination.
43.131.342 Washington state commission on Hispanic affairs—Repeal.
43.131.381 Linked deposit program—Termination.
43.131.382 Linked deposit program—Repeal.
[Title 43 RCW—page 486]
ENTITIES SCHEDULED FOR SUNSET
(2002 Ed.)
Washington Sunset Act of 1977
43.131.385
43.131.386
43.131.389
43.131.390
43.131.393
43.131.394
43.131.397
43.131.398
43.131.400
43.131.401
43.131.402
43.131.900
Rural natural resources impact area programs—Termination.
Rural natural resources impact area programs—Repeal.
Office of public defense—Termination.
Office of public defense—Repeal.
Underground storage tank program—Termination.
Underground storage tank program—Repeal.
Intermediate driver’s license program—Review.
Intermediate driver’s license program—Repeal.
Program review—Rangeland damage.
Office of permit assistance—Termination.
Office of permit assistance—Repeal.
Expiration of RCW 43.131.010 through 43.131.150—
Exception.
43.131.901 Severability—1977 ex.s. c 289.
43.131.910 Severability—1979 c 99.
43.131.911 Severability—2000 c 189.
Termination of tax preferences: Chapter 43.136 RCW.
GENERAL PROVISIONS
43.131.010 Short title. (Expires June 30, 2015.)
This chapter may be known and cited as the Washington
Sunset Act. [1990 c 297 § 1; 1977 ex.s. c 289 § 1.]
43.131.020 Findings. (Expires June 30, 2015.) The
state legislature finds that state entities may fail to deliver
services as effectively and efficiently as is expected by the
general public and as originally contemplated by the legislature. It further finds that state government actions have
produced a substantial increase in numbers of entities,
growth of programs, and proliferation of rules, and that the
entire process has evolved without sufficient legislative and
executive oversight, regulatory accountability, or a system of
checks and balances. The legislature further finds that by
establishing a system for the termination, continuation, or
modification of state entities, coupled with a system of
scheduled review of such entities, it will be in a better
position to: Evaluate the need for the continued existence of
existing and future state entities; assess the effectiveness and
performance of agencies, boards, commissions, and programs; and ensure public accountability. The legislature
recognizes that the executive branch shares in this duty and
responsibility to assure that state government operates in an
efficient, orderly, and responsive manner. [2000 c 189 § 1;
1977 ex.s. c 289 § 2.]
43.131.030 Definitions. (Expires June 30, 2015.) As
used in this chapter the following words and phrases shall
have the following meanings unless the context clearly
requires otherwise.
(1) "Entity" includes every state office, department,
board, commission, unit or subunit, and agency of the state,
and where provided by law, programs and activities involving less than the full responsibility of a state agency.
"Entity" also includes any part of the Revised Code of
Washington scheduled for repeal, expiration, or program
termination.
(2) "Person" includes every natural person, firm,
partnership, corporation, association, or organization. [2000
c 189 § 2; 1983 1st ex.s. c 27 § 1; 1977 ex.s. c 289 § 3.]
43.131.040 Reestablishment of entity scheduled for
termination—Review. (Expires June 30, 2015.) Any state
(2002 Ed.)
Chapter 43.131
entity scheduled for termination by the processes provided in
this chapter may be reestablished by the legislature for a
specified period of time or indefinitely. The legislature may
again review the state entity in a manner consistent with the
provisions of this chapter and reestablish, modify, or
consolidate such state entity or allow it to be terminated.
[2000 c 189 § 3; 1983 1st ex.s. c 27 § 2; 1977 ex.s. c 289
§ 4.]
43.131.051 Program and fiscal review—Reports.
(Expires June 30, 2015.) The joint legislative audit and
review committee shall conduct a program and fiscal review
of any entity scheduled for termination under this chapter.
This program and fiscal review shall be completed and a
preliminary report prepared during the calendar year prior to
the date established for termination. These reports shall be
prepared in the manner set forth in RCW 44.28.071 and
44.28.075. Upon completion of its preliminary report, the
joint legislative audit and review committee shall transmit
copies of the report to the office of financial management
and any affected entity. The final report shall include the
response, if any, of the affected entity and the office of
financial management in the same manner as set forth in
RCW 44.28.088, except the affected entity and the office of
financial management shall have sixty days to respond to the
report. The joint legislative audit and review committee
shall transmit the final report to the legislature, to the state
entity affected, to the governor, and to the state library.
[2000 c 189 § 4.]
43.131.061 Sunset termination and review—
Performance measures—Minimum period for sunset
termination. (Expires June 30, 2015.) (1) Any entity may
be scheduled for sunset termination and review under this
chapter by law.
(2) An entity scheduled for sunset termination shall
establish performance measures, as required under subsection
(3) of this section, and must be evaluated, in part, in terms
of the results. The entity has the burden of demonstrating
the extent to which performance results have been achieved.
The sunset termination legislation shall name a lead entity,
if more than one entity is impacted by scheduled termination.
The affected entity or lead entity has the responsibility for
developing and implementing a data collection plan and
submitting the resulting performance information to the joint
legislative audit and review committee.
(3) An entity shall develop performance measures and
a data collection plan and submit them for review and
comment to the joint legislative audit and review committee
within one year of the effective date of the legislation
establishing the sunset termination.
(4) Unless specified otherwise, sunset terminations under
this chapter shall be a minimum of seven years. The joint
legislative audit and review committee shall complete its
review in the year prior to the date of termination. [2000 c
189 § 5.]
43.131.071 Scope of review—Recommendations to
the legislature. (Expires June 30, 2015.) (1) In conducting
the review of an entity, the joint legislative audit and review
committee shall determine the scope and objectives of the
[Title 43 RCW—page 487]
43.131.071
Title 43 RCW: State Government—Executive
review and consider, but not be limited to, the following
factors, if applicable:
(a) The extent to which the entity has complied with
legislative intent;
(b) The extent to which the entity is operating in an
efficient and economical manner which results in optimum
performance;
(c) The extent to which the entity is operating in the
public interest by controlling costs;
(d) The extent to which the entity duplicates the
activities of other entities or of the private sector;
(e) The extent to which the entity is meeting the
performance measures developed under RCW 43.131.061;
and
(f) The possible impact of the termination or modification of the entity.
(2) After completing the review under subsection (1) of
this section, the committee shall make its recommendations
to the legislature. [2000 c 189 § 6.]
43.131.090 Termination of entity—Procedures—
Employee transfers—Property disposition—Funds and
moneys—Rules—Contracts. (Effective until July 1, 2004.)
Unless the legislature specifies a shorter period of time, a
terminated entity shall continue in existence until June 30th
of the next succeeding year for the purpose of concluding its
affairs: PROVIDED, That the powers and authority of the
entity shall not be reduced or otherwise limited during this
period. Unless otherwise provided:
(1) All employees of terminated entities classified under
chapter 41.06 RCW, the state civil service law, shall be
transferred as appropriate or as otherwise provided in the
procedures adopted by the Washington personnel resources
board pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other
tangible property in the possession of the terminated entity
shall be delivered to the custody of the entity assuming the
responsibilities of the terminated entity or if such responsibilities have been eliminated, documents and papers shall be
delivered to the state archivist and equipment or other
tangible property to the department of general administration;
(3) All funds held by, or other moneys due to, the
terminated entity shall revert to the fund from which they
were appropriated, or if that fund is abolished to the general
fund;
(4) Notwithstanding the provisions of RCW 34.05.020,
all rules made by a terminated entity shall be repealed,
without further action by the entity, at the end of the period
provided in this section, unless assumed and reaffirmed by
the entity assuming the related legal responsibilities of the
terminated entity;
(5) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity
as the governor shall direct. [2000 c 189 § 7; 1993 c 281 §
54; 1983 1st ex.s. c 27 § 4; 1977 ex.s. c 289 § 9.]
Effective date—1993 c 281: See note following RCW 41.06.022.
43.131.090 Termination of entity—Procedures—
Employee transfers—Property disposition—Funds and
moneys—Rules—Contracts. (Effective July 1, 2004, until
[Title 43 RCW—page 488]
June 30, 2015.) Unless the legislature specifies a shorter
period of time, a terminated entity shall continue in existence
until June 30th of the next succeeding year for the purpose
of concluding its affairs: PROVIDED, That the powers and
authority of the entity shall not be reduced or otherwise
limited during this period. Unless otherwise provided:
(1) All employees of terminated entities classified under
chapter 41.06 RCW, the state civil service law, shall be
transferred as appropriate or as otherwise provided in the
procedures adopted by the director of personnel pursuant to
RCW 41.06.150;
(2) All documents and papers, equipment, or other
tangible property in the possession of the terminated entity
shall be delivered to the custody of the entity assuming the
responsibilities of the terminated entity or if such responsibilities have been eliminated, documents and papers shall be
delivered to the state archivist and equipment or other
tangible property to the department of general administration;
(3) All funds held by, or other moneys due to, the
terminated entity shall revert to the fund from which they
were appropriated, or if that fund is abolished to the general
fund;
(4) Notwithstanding the provisions of RCW 34.05.020,
all rules made by a terminated entity shall be repealed,
without further action by the entity, at the end of the period
provided in this section, unless assumed and reaffirmed by
the entity assuming the related legal responsibilities of the
terminated entity;
(5) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity
as the governor shall direct. [2002 c 354 § 230; 2000 c 189
§ 7; 1993 c 281 § 54; 1983 1st ex.s. c 27 § 4; 1977 ex.s. c
289 § 9.]
Expiration date—2002 c 354 § 230: "Section 230 of this act expires
June 30, 2015." [2002 c 354 § 412.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
43.131.100 Termination of entity—Pending business—Savings. (Expires June 30, 2015.) This chapter
shall not affect the right to institute or prosecute any cause
of action by or against an entity terminated pursuant to this
chapter if the cause of action arose prior to the end of the
period provided in RCW 43.131.090. Such causes of action
may be instituted, prosecuted, or defended in the name of the
state of Washington by the office of the attorney general.
Any hearing or other proceeding pending before an entity to
be terminated and not completed before the end of the period
provided in RCW 43.131.090, may be completed by the
entity assuming the responsibilities of the terminated entity.
[2000 c 189 § 8; 1977 ex.s. c 289 § 10.]
43.131.110 Committees—Reference to include
successor. (Expires June 30, 2015.) Any reference in this
chapter to a committee of the legislature including the joint
legislative audit and review committee shall also refer to the
successor of that committee. [1996 c 288 § 47; 1977 ex.s.
c 289 § 11.]
(2002 Ed.)
Washington Sunset Act of 1977
43.131.130
43.131.130 Legislature—Powers unaffected by
enactment of chapter. (Expires June 30, 2015.) Nothing
in this chapter or RCW 43.06.010 shall prevent the legislature from abolishing or modifying an entity scheduled for
termination prior to the entity’s established termination date
or from abolishing or modifying any other entity. [2000 c
189 § 9; 1977 ex.s. c 289 § 13.]
(2) RCW 43.63A.690 and 1993 c 512 § 31;
(3) RCW 43.86A.070 and 1993 c 512 § 34; and
(4) RCW 39.19.240 and 2002 c 305 § 2. [2002 c 305
§ 5; 2001 c 316 § 2; 1994 c 126 § 3; 1993 c 512 § 36.]
43.131.150 Termination of entities—Review under
Sunset Act. (Expires June 30, 2015.) The entities scheduled for termination under this chapter shall be subject to all
of the processes provided in this chapter. [2000 c 189 § 10;
1983 1st ex.s. c 27 § 8; 1979 c 99 § 1.]
43.131.385 Rural natural resources impact area
programs—Termination. The rural natural resources
impact area programs shall be terminated on June 30, 2000,
as provided in RCW 43.131.386. [1997 c 367 § 18; 1995 c
226 § 34.]
ENTITIES SCHEDULED FOR SUNSET
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
43.131.341 Washington state commission on Hispanic affairs—Termination. The Washington state
commission on Hispanic affairs and its powers and duties
shall be terminated on June 30, 2021, as provided in RCW
43.131.342. [1993 c 261 § 5; 1987 c 249 § 8.]
43.131.342 Washington state commission on Hispanic affairs—Repeal. The following acts or parts of acts,
as now existing or hereafter amended, are each repealed,
effective June 30, 2022:
(1) Section 1, chapter 34, Laws of 1971 ex. sess.,
section 1, chapter 249, Laws of 1987, section 1, chapter 261,
Laws of 1993 and RCW 43.115.010;
(2) Section 2, chapter 34, Laws of 1971 ex. sess.,
section 2, chapter 249, Laws of 1987 and RCW 43.115.020;
(3) Section 3, chapter 34, Laws of 1971 ex. sess.,
section 130, chapter 34, Laws of 1975-’76 2nd ex. sess.,
section 15, chapter 338, Laws of 1981, section 3, chapter
249, Laws of 1987, section 2, chapter 261, Laws of 1993,
and RCW 43.115.030;
(4) Section 4, chapter 34, Laws of 1971 ex. sess.,
section 4, chapter 249, Laws of 1987, section 3, chapter 261,
Laws of 1993 and RCW 43.115.040;
(5) Section 6, chapter 34, Laws of 1971 ex. sess.,
section 6, chapter 249, Laws of 1987 and RCW 43.115.060;
(6) Section 7, chapter 34, Laws of 1971 ex. sess. and
RCW 43.115.900; and
(7) Section 4, chapter 261, Laws of 1993 and RCW
43.115.045. [1993 c 261 § 6; 1987 c 249 § 9.]
43.131.381 Linked deposit program—Termination.
The linked deposit program shall be terminated on June 30,
2008, as provided in RCW 43.131.382. [2002 c 305 § 4;
2001 c 316 § 1; 1994 c 126 § 2; 1993 c 512 § 35.]
Effective date—2001 c 316: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 15, 2001]." [2001 c 316 § 5.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.131.382 Linked deposit program—Repeal. The
following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2009:
(1) RCW 43.86A.060 and 1993 c 512 § 30;
(2002 Ed.)
Effective date—2001 c 316: See note following RCW 43.131.381.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.131.386 Rural natural resources impact area
programs—Repeal. The following acts or parts of acts, as
now existing or hereafter amended, are each repealed,
effective June 30, 2001:
(1) RCW 43.31.601 and 1997 c 367 § 1, 1995 c 226 §
1, 1992 c 21 § 2, & 1991 c 314 § 2;
(2) RCW 43.31.641 and 1997 c 367 § 6, 1995 c 226 §
4, 1993 c 280 § 50, & 1991 c 314 § 7;
(3) RCW 50.22.090 and 1997 c 367 § 4;
(4) RCW 43.63A.021 and 1997 c 367 § 5 & 1995 c 226
§ 11;
(5) RCW 43.63A.600 and 1995 c 226 § 12, 1994 c 114
§ 1, 1993 c 280 § 77, & 1991 c 315 § 23;
(6) RCW 43.63A.440 and 1997 c 367 § 7, 1995 c 226
§ 13, 1993 c 280 § 74, & 1989 c 424 § 7;
(7) RCW 28B.50.258 and 1995 c 226 § 18 & 1991 c
315 § 16;
(8) RCW 28B.50.262 and 1995 c 226 § 19 & 1994 c
282 § 3;
(9) RCW 28B.80.570 and 1997 c 367 § 14, 1995 c 226
§ 20, 1992 c 21 § 6, & 1991 c 315 § 18;
(10) RCW 28B.80.575 and 1995 c 269 § 1001, 1995 c
226 § 21, & 1991 c 315 § 19;
(11) RCW 28B.80.580 and 1997 c 367 § 15, 1995 c 226
§ 22, 1993 sp.s. c 18 § 34, 1992 c 231 § 31, & 1991 c 315
§ 20;
(12) RCW 28B.80.585 and 1995 c 226 § 23 & 1991 c
315 § 21;
(13) RCW 43.17.065 and 1995 c 226 § 24, 1993 c 280
§ 37, 1991 c 314 § 28, & 1990 1st ex.s. c 17 § 77;
(14) RCW 43.20A.750 and 1997 c 367 § 16;
(15) RCW 43.168.140 and 1995 c 226 § 28 & 1991 c
314 § 20;
(16) RCW 50.12.270 and 1997 c 367 § 17, 1995 c 226
§ 30, & 1991 c 315 § 3;
(17) RCW 50.70.010 and 1995 c 226 § 31, 1992 c 21
§ 1, & 1991 c 315 § 5; and
(18) RCW 50.70.020 and 1995 c 226 § 32 & 1991 c
315 § 6. [1999 c 164 § 701; 1997 c 367 § 19; 1996 c 168
§ 5; 1995 c 226 § 35.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
[Title 43 RCW—page 489]
43.131.386
Title 43 RCW: State Government—Executive
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
legislative audit and review committee to provide the
required review. [2000 c 115 § 12.]
43.131.389 Office of public defense—Termination.
The office of public defense and its powers and duties shall
be terminated on June 30, 2008, as provided in RCW
43.131.390. [1998 c 108 § 2; 1996 c 221 § 7.]
43.131.398 Intermediate driver’s license program—
Repeal. The following acts or parts of acts, as now existing
or hereafter amended, are each repealed, effective June 30,
2009:
(1) 2000 c 115 § 1 (uncodified);
(2) *RCW 42.20.075 and 2000 c 115 § 2;
(3) RCW 46.20.267 and 2000 c 115 § 3;
(4) The amendment of RCW 46.20.105 by 2000 c 115
§ 5;
(5) The amendment of RCW 46.20.161 by 2000 c 115
§ 6;
(6) The amendment of RCW 46.20.311 by 2000 c 115
§ 7;
(7) The amendment of RCW 46.20.342 by 2000 c 115
§ 8; and
(8) RCW 28A.220.070 and 2000 c 115 § 11. [2000 c
115 § 13.]
43.131.390 Office of public defense—Repeal. The
following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2009:
(1) RCW 2.70.005 and 1996 c 221 § 1;
(2) RCW 2.70.010 and 1996 c 221 § 2;
(3) RCW 2.70.020 and 1996 c 221 § 3;
(4) RCW 2.70.030 and 1996 c 221 § 4; and
(5) RCW 2.70.040 and 1996 c 221 § 5. [1998 c 108 §
3; 1996 c 221 § 8.]
43.131.393 Underground storage tank program—
Termination. The underground storage tank program shall
be terminated on July 1, 2009, as provided in RCW
43.131.394. [1998 c 155 § 7.]
43.131.394 Underground storage tank program—
Repeal. The following acts or parts of acts, as now existing
or hereafter amended, are each repealed, effective July 1,
2010:
(1) RCW 90.76.005 and 1989 c 346 § 1;
(2) RCW 90.76.010 and 1998 c 155 § 1 & 1989 c 346
§ 2;
(3) RCW 90.76.020 and 1998 c 155 § 2 & 1989 c 346
§ 3;
(4) RCW 90.76.040 and 1998 c 155 § 3 & 1989 c 346
§ 5;
(5) RCW 90.76.050 and 1998 c 155 § 4 & 1989 c 346
§ 6;
(6) RCW 90.76.060 and 1998 c 155 § 5 & 1989 c 346
§ 7;
(7) RCW 90.76.070 and 1989 c 346 § 8;
(8) RCW 90.76.080 and 1995 c 403 § 639 & 1989 c
346 § 9;
(9) RCW 90.76.090 and 1998 c 155 § 6 & 1989 c 346
§ 10;
(10) RCW 90.76.100 and 1991 sp.s. c 13 § 72 & 1989
c 346 § 11;
(11) RCW 90.76.110 and 1991 c 83 § 1 & 1989 c 346
§ 12;
(12) RCW 90.76.120 and 1989 c 346 § 13;
(13) RCW 90.76.900 and 1989 c 346 § 15;
(14) RCW 90.76.901 and 1989 c 346 § 14; and
(15) RCW 90.76.902 and 1989 c 346 § 18. [1998 c 155
§ 8.]
43.131.397 Intermediate driver’s license program—
Review. The intermediate driver’s license program created
by chapter 115, Laws of 2000 shall be reviewed under this
chapter before June 30, 2008. The department of licensing,
in cooperation with the Washington traffic safety commission, shall provide the information necessary for the joint
[Title 43 RCW—page 490]
Finding—2000 c 115: See note following RCW 46.20.075.
*Reviser’s note: 2000 c 115 § 2 was actually codified as RCW
46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
43.131.400 Program review—Rangeland damage.
The joint legislative audit and review committee must
conduct a program review, as provided in this chapter, of the
program to reimburse landowners for damage to rangeland
used for grazing or browsing of domestic livestock caused
by deer and elk, established in sections 1 through 3, chapter
274, Laws of 2001. The review must be completed by
January 1, 2004. [2001 c 274 § 4.]
Effective date—2001 c 274: See note following RCW 77.36.005.
43.131.401 Office of permit assistance—
Termination. The office of permit assistance established in
RCW 43.42.010 and its powers and duties shall be terminated June 30, 2007, as provided in RCW 43.131.402. [2002
c 153 § 13.]
Review within existing resources—2002 c 153: "The joint
legislative and audit review committee shall work within its existing
resources in conducting the sunset review for the office of permit assistance." [2002 c 153 § 15.]
43.131.402 Office of permit assistance—Repeal.
The following acts or parts of acts, as now existing or
hereafter amended, are each repealed, effective June 30,
2008:
(1) RCW 43.42.005 and 2002 c 153 § 1;
(2) RCW 43.42.010 and 2002 c 153 § 2;
(3) RCW 43.42.020 and 2002 c 153 § 3;
(4) RCW 43.42.030 and 2002 c 153 § 4;
(5) RCW 43.42.040 and 2002 c 153 § 5;
(6) RCW 43.42.050 and 2002 c 153 § 6;
(7) RCW 43.42.060 and 2002 c 153 § 7;
(8) RCW 43.42.070 and 2002 c 153 § 8;
(9) *Section 9 of this act;
(10) RCW 43.42.905 and 2002 c 153 § 10;
(11) RCW 43.42.900 and 2002 c 153 § 11; and
(2002 Ed.)
Washington Sunset Act of 1977
(12) RCW 43.42.901 and 2002 c 153 § 12. [2002 c 153
§ 14.]
*Reviser’s note: Section 9 of this act was vetoed.
43.131.900 Expiration of RCW 43.131.010 through
43.131.150—Exception. RCW 43.131.010 through
43.131.150 shall expire on June 30, 2015, unless extended
by law for an additional fixed period of time. [2000 c 189
§ 12; 1988 c 17 § 2; 1982 c 223 § 16; 1979 c 22 § 3; 1977
ex.s. c 289 § 16.]
43.131.901 Severability—1977 ex.s. c 289. If any
provision of this 1977 amendatory act or the application
thereof to any person or circumstances is held invalid, the
invalidity shall not affect other provisions or applications of
the 1977 amendatory act which can be given effect without
the invalid provision or application, and to this end the
provisions of this 1977 amendatory act are declared severable. [1977 ex.s. c 289 § 18.]
43.131.910 Severability—1979 c 99. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1979 c 99 § 90.]
43.131.911 Severability—2000 c 189. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2000 c 189 § 13.]
Chapter 43.132
FISCAL IMPACT OF PROPOSED LEGISLATION
ON POLITICAL SUBDIVISIONS
Sections
43.132.010 Intent.
43.132.020 Fiscal notes—Preparation—Contents—Scope—Revisions—
Reports.
43.132.030 Designation of department of community, trade, and economic development to prepare fiscal notes—Cooperation
of state agencies, legislative staffs, and local government
associations.
43.132.040 Fiscal notes—Transmission of copies to designated recipients.
43.132.050 Fiscal notes—Transmission of copies upon request.
43.132.055 Fiscal notes—Expenditures by local government—Fiscal
responsibility.
43.132.060 Legislative action upon or validity of measures not affected.
43.132.800 Fiscal impact on local governments of selected laws enacted
over five-year period—Annual report.
43.132.810 Local government fiscal notes—Fiscal impact of selected
laws on local governments—Biennial report.
Legislative fiscal notes: Chapter 43.88A RCW.
43.132.010 Intent. It is the intent of this chapter to
create a uniform and coordinated procedure to determine the
fiscal impact of proposed legislation on units of local
government. [1977 ex.s. c 19 § 1.]
43.132.020 Fiscal notes—Preparation—Contents—
Scope—Revisions—Reports. The director of financial
(2002 Ed.)
43.131.402
management or the director’s designee shall, in cooperation
with appropriate legislative committees and legislative staff,
establish a mechanism for the determination of the fiscal
impact of proposed legislation which if enacted into law
would directly or indirectly increase or decrease revenues
received or expenditures incurred by counties, cities, towns,
or any other units of local government. The office of
financial management shall, when requested by a member of
the state legislature, report in writing as to such fiscal impact
and said report shall be known as a "fiscal note".
Such fiscal notes shall indicate by fiscal year the total
impact on the local governments involved for the first two
years the legislation would be in effect and also a cumulative
six year forecast of the fiscal impact. Where feasible and
applicable, the fiscal note also shall indicate the fiscal impact
on each individual county or on a representative sampling of
cities, towns, or other units of local government.
A fiscal note as defined in this section shall be provided
only upon request of any member of the state legislature. A
request for a fiscal note on legislation shall be considered to
be a continuing request for a fiscal note on any formal
alteration of the legislation in the form of amendments to the
legislation that are adopted by a committee or a house of the
legislature or a substitute version of such legislation that is
adopted by a committee and preparation of the fiscal note on
the prior version of the legislation shall stop, unless the
legislator requesting the fiscal note specifies otherwise or the
altered version is first adopted or enacted in the last week of
a legislative session.
Fiscal notes shall be completed within one week of the
request unless a longer time period is allowed by the
requesting legislator. In the event a fiscal note has not been
completed within one week of a request, a daily report shall
be prepared for the requesting legislator by the director of
financial management which report summarizes the progress
in preparing the fiscal note. If the request is referred to the
director of community, trade, and economic development,
the daily report shall also include the date and time such
referral was made. [2000 c 182 § 2; 1995 c 399 § 79; 1984
c 125 § 16; 1979 c 151 § 149; 1977 ex.s. c 19 § 2.]
Intent—2000 c 182: "It is the intent of the legislature to enhance the
local government fiscal note process by providing for updated fiscal
information on pending legislation and to establish a process for a more
comprehensive report on the fiscal impacts to local governments arising
from laws that have been enacted. Further, it is the intent of the legislature
that the varying effects of legislation on different local governments be
recognized. This act is enacted in recognition of the responsibilities
imposed by RCW 43.135.060." [2000 c 182 § 1.]
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
43.132.030 Designation of department of community, trade, and economic development to prepare fiscal
notes—Cooperation of state agencies, legislative staffs,
and local government associations. The director of
financial management is hereby empowered to designate the
director of community, trade, and economic development as
the official responsible for the preparation of fiscal notes
authorized and required by this chapter. It is the intent of
the legislature that when necessary the resources of other
state agencies, appropriate legislative staffs, and the various
associations of local government may be employed in the
[Title 43 RCW—page 491]
43.132.030
Title 43 RCW: State Government—Executive
development of such fiscal notes. [1995 c 399 § 80; 1985
c 6 § 10; 1979 c 151 § 150; 1977 ex.s. c 19 § 3.]
43.132.040 Fiscal notes—Transmission of copies to
designated recipients. When a fiscal note is prepared and
approved as to form and completeness by the director of
financial management, the director shall transmit copies
immediately to:
(1) The requesting legislator;
(2) With respect to proposed legislation held by the
senate, the chairperson of the committee which holds or has
acted upon the proposed legislation, the chairperson of the
ways and means committee or equivalent committees with
jurisdiction over matters normally considered by a ways and
means committee, the chairperson of the local government
committee or equivalent committee that considers local
government matters, and the secretary of the senate; and
(3) With respect to proposed legislation held by the
house of representatives, the chairperson of the committee
which holds or has acted upon the proposed legislation, the
chairpersons of the ways and means committee or equivalent
committees with jurisdiction over matters normally considered by a ways and means committee, the chairperson of the
local government committee or equivalent committee that
considers local government matters, and the chief clerk of
the house of representatives. [2000 c 182 § 3; 1986 c 158
§ 18; 1979 c 151 § 151; 1977 ex.s. c 19 § 4.]
Intent—2000 c 182: See note following RCW 43.132.020.
as provided in this chapter or any error in the accuracy
thereof affect the validity of any measure otherwise duly
passed by the legislature.
(2) Subsection (1) of this section shall not alter the
responsibilities of RCW 43.135.060. [2000 c 182 § 4; 1977
ex.s. c 19 § 6.]
Intent—2000 c 182: See note following RCW 43.132.020.
43.132.800 Fiscal impact on local governments of
selected laws enacted over five-year period—Annual
report. (1) The office of financial management, in consultation with the department of community, trade, and economic
development, shall annually prepare a report on the fiscal
impacts to counties, cities, towns, and other units of local
governments, arising from selected laws enacted in the
preceding five-year period. The office of financial management, in consultation with the department of community,
trade, and economic development, shall annually select up to
five laws to include within this report from a recommended
list of laws approved by the legislature. The office of
financial management, in consultation with the department of
community, trade, and economic development, may select up
to five laws to include within this report if the legislature
does not approve a recommended list.
(2) The preparation of the reports required in subsection
(1) of this section is subject to available funding. [2000 c
182 § 5.]
Intent—2000 c 182: See note following RCW 43.132.020.
43.132.050 Fiscal notes—Transmission of copies
upon request. The office of financial management may
make additional copies of the fiscal note available to
members of the legislature and others on request.
At the request of any member of the senate or house of
representatives, whichever is considering the proposed
legislation, and unless it is prohibited by the rules of the
body, copies of the fiscal note or a synopsis thereof shall be
placed on the members’ desks at the time the proposed
legislation takes its place on the second reading calendar.
Whenever proposed legislation accompanied by such a
fiscal note is passed by either the senate or the house of
representatives, the fiscal note shall be transmitted with the
bill to the other house. [1986 c 158 § 19; 1979 c 151 § 152;
1977 ex.s. c 19 § 5.]
43.132.810 Local government fiscal notes—Fiscal
impact of selected laws on local governments—Biennial
report. The office of financial management, in consultation
with the department of community, trade, and economic
development, shall prepare a report for the legislature on or
before December 31st of every even-numbered year on local
government fiscal notes, and reports on the fiscal impacts on
local governments arising from selected laws, that were
prepared over the preceding two-year period. [2000 c 182
§ 6.]
43.132.055 Fiscal notes—Expenditures by local
government—Fiscal responsibility. When the fiscal note
indicates that a bill or resolution would require expenditures
of funds by a county, city, town, or other unit of local government, the legislature shall determine the state’s fiscal responsibility and shall make every effort to appropriate the
funds or provide the revenue generating authority necessary
to implement the legislation during the ensuing biennium.
[1979 ex.s. c 112 § 2.]
Sections
43.133.010
43.133.020
43.133.030
43.133.040
43.133.050
43.133.060
43.133.070
43.132.060 Legislative action upon or validity of
measures not affected. (1) Nothing in this chapter shall
prevent either house of the legislature from acting on any
bill or resolution before it as otherwise provided by the state
Constitution, by law, and by the rules of the senate and
house of representatives, nor shall the lack of any fiscal note
[Title 43 RCW—page 492]
Intent—2000 c 182: See note following RCW 43.132.020.
Chapter 43.133
WASHINGTON SUNRISE ACT
Legislative declaration.
Definitions.
Sunrise notes—Procedure.
Sunrise notes—Contents.
Sunrise notes—Preparation.
Sunrise notes—Filing.
Forwarding of notification and sunrise note to committees
when standing committee votes out bill creating board
or special purpose district.
43.133.080 Effect of chapter on validity of legislative action.
43.133.900 Short title.
43.133.010 Legislative declaration. Because of the
proliferation of boards and special purpose districts, the
legislature recognizes the necessity of developing a uniform
and coordinated procedure for determining the need for these
new units of government. [1987 c 342 § 1.]
(2002 Ed.)
Washington Sunrise Act
43.133.020 Definitions. (1) For purposes of this
chapter, "special purpose district" means any unit of local
government other than a city, town, county, or school
district.
(2) For purposes of this chapter, "board" means a board,
commission, council, committee or task force. [1987 c 342
§ 2.]
43.133.030 Sunrise notes—Procedure. The office of
financial management and the department of community,
trade, and economic development shall, in cooperation with
appropriate legislative committees and legislative staff,
establish a procedure for the provision of sunrise notes on
the expected impact of bills and resolutions that authorize
the creation of new boards and new types of special purpose
districts. [1995 c 399 § 81; 1987 c 342 § 3.]
43.133.040 Sunrise notes—Contents. Sunrise notes
shall include:
(1) The purpose and expected impact of the new board
or special purpose district;
(2) The powers and duties of the new board or special
purpose district;
(3) The direct or potential duplication of the powers and
duties of existing boards or special purpose districts; and
(4) Other information relevant to the need for the new
board or special purpose district. [1987 c 342 § 4.]
43.133.050 Sunrise notes—Preparation. (1) The
office of financial management shall prepare sunrise notes
for legislation concerning the creation of new boards. The
department of community, trade, and economic development
shall prepare sunrise notes for legislation creating new types
of special purpose districts.
(2) A sunrise note shall be prepared for all executive
and agency request legislation that creates a board or special
purpose district.
(3) The office of financial management or the department of community, trade, and economic development shall
also provide a sunrise note at the request of any committee
of the legislature. [1995 c 399 § 82; 1987 c 342 § 5.]
43.133.060 Sunrise notes—Filing. Sunrise notes shall
be filed with:
(1) The committee to which the bill or resolution was
referred upon introduction in the house of origin;
(2) The senate committee on ways and means or its
successor;
(3) The house of representatives committee on ways and
means or its successor;
(4) The senate governmental operations committee or its
successor; and
(5) The house of representatives state government
committee or its successor. [1987 c 342 § 6.]
43.133.070 Forwarding of notification and sunrise
note to committees when standing committee votes out
bill creating board or special purpose district. Legislative
standing committees shall forward notification and the sunrise note, if available, to the senate or house of representatives ways and means committee and the senate governmen(2002 Ed.)
43.133.020
tal operations committee or the house of representatives state
government committee whenever a bill providing for the
creation of a new board or special purpose district is voted
out of the standing committee. [1987 c 342 § 7.]
43.133.080 Effect of chapter on validity of legislative action. Nothing in this chapter prevents either house of
the legislature from acting on any bill or resolution before it
as otherwise provided by the state Constitution, by law, and
by the rules and joint rules of the senate and house of
representatives, nor shall the lack of any sunrise note as
provided in this chapter or any error in the accuracy thereof
affect the validity of any measure otherwise duly passed by
the legislature. [1987 c 342 § 8.]
43.133.900 Short title. This chapter shall be known
as the Washington sunrise act. [1987 c 342 § 9.]
Chapter 43.135
STATE EXPENDITURES LIMITATIONS
(Formerly: Tax revenue limitations)
Sections
43.135.010
43.135.025
43.135.035
43.135.03901
43.135.03902
43.135.045
43.135.045
43.135.045
43.135.051
43.135.055
43.135.060
43.135.080
43.135.902
43.135.903
43.135.904
Findings—Intent.
General fund expenditure limit—Computation—Annual
limit adjustment—Definitions—Emergency exception—State treasurer duty, penalty—State expenditure limit committee.
Tax legislation—Conditions and restrictions—Ballot
title—Declarations of emergency—Taxes on intangible property—Expenditure limit to reflect program cost shifting or fund transfer.
Criminal justice treatment account, violence reduction
and drug enforcement account transfers.
Multimodal transportation account transfer.
Emergency reserve fund—Excess balance to education
construction fund—Appropriation conditions—
Transfer of earnings to multimodal transportation
account.
Emergency reserve fund—Excess balance to education
construction fund—Appropriation conditions—
Transfer of earnings to multimodal transportation
account (as amended by 2000 2nd sp.s. c 5 and
2000 2nd sp.s. c 2).
Emergency reserve fund—Excess balance to education
construction fund—Appropriation conditions—
Transfer of earnings to multimodal transportation
account (as amended by 2001 c 3 (Initiative Measure No. 728)).
Emergency reserve fund—State investment board authority to invest or manage.
Fee increase restriction—Exception.
Prohibition of new or extended programs without full
reimbursement—Transfer of programs—
Determination of costs.
Reenactment and reaffirmation of Initiative Measure No.
601—Continued limitations—Exceptions.
Short title—1994 c 2.
Severability—1994 c 2.
Effective dates—1994 c 2.
43.135.010 Findings—Intent. The people of the state
of Washington hereby find and declare:
(1) The continuing increases in our state tax burden and
the corresponding growth of state government is contrary to
the interest of the people of the state of Washington.
[Title 43 RCW—page 493]
43.135.010
Title 43 RCW: State Government—Executive
(2) It is necessary to limit the rate of growth of state
government while assuring adequate funding of essential
services, including basic education as defined by the legislature.
(3) The current budgetary system in the state of Washington lacks stability. The system encourages crisis budgeting and results in cutbacks during lean years and overspending during surplus years.
(4) It is therefore the intent of this chapter to:
(a) Establish a limit on state expenditures that will
assure that the growth rate of state expenditures does not
exceed the growth rate of inflation and state population;
(b) Assure that local governments are provided funds
adequate to render those services deemed essential by their
citizens;
(c) Assure that the state does not impose responsibility
on local governments for new programs or increased levels
of service under existing programs unless the costs thereof
are paid by the state;
(d) Provide for adjustment of the limit when costs of a
program are transferred between the state and another
political entity;
(e) Establish a procedure for exceeding this limit in
emergency situations;
(f) Provide for voter approval of tax increases; and
(g) Avoid overfunding and underfunding state programs
by providing stability, consistency, and long-range planning.
[1994 c 2 § 1 (Initiative Measure No. 601, approved November 2, 1993); 1980 c 1 § 1 (Initiative Measure No. 62,
approved November 6, 1979).]
43.135.025 General fund expenditure limit—
Computation—Annual limit adjustment—Definitions—
Emergency exception—State treasurer duty, penalty—
State expenditure limit committee. (1) The state shall not
expend from the general fund during any fiscal year state
moneys in excess of the state expenditure limit established
under this chapter.
(2) Except pursuant to a declaration of emergency under
RCW 43.135.035 or pursuant to an appropriation under
RCW 43.135.045(4)(b), the state treasurer shall not issue or
redeem any check, warrant, or voucher that will result in a
state general fund expenditure for any fiscal year in excess
of the state expenditure limit established under this chapter.
A violation of this subsection constitutes a violation of RCW
43.88.290 and shall subject the state treasurer to the penalties
provided in RCW 43.88.300.
(3) The state expenditure limit for any fiscal year shall
be the previous fiscal year’s state expenditure limit increased
by a percentage rate that equals the fiscal growth factor.
(4) For purposes of computing the state expenditure
limit for the fiscal year beginning July 1, 1995, the phrase
"the previous fiscal year’s state expenditure limit" means the
total state expenditures from the state general fund, not
including federal funds, for the fiscal year beginning July 1,
1989, plus the fiscal growth factor. This calculation is then
computed for the state expenditure limit for fiscal years
1992, 1993, 1994, and 1995, and as required under RCW
43.135.035(4).
(5) A state expenditure limit committee is established
for the purpose of determining and adjusting the state
[Title 43 RCW—page 494]
expenditure limit as provided in this chapter. The members
of the state expenditure limit committee are the director of
financial management, the attorney general or the attorney
general’s designee, and the chairs of the senate committee on
ways and means and the house of representatives committee
on appropriations. All actions of the state expenditure limit
committee taken pursuant to this chapter require an affirmative vote of at least three members.
(6) Each November, the state expenditure limit committee shall adjust the expenditure limit for the preceding fiscal
year based on actual expenditures and known changes in the
fiscal growth factor and then project an expenditure limit for
the next two fiscal years. If, by November 30th, the state
expenditure limit committee has not adopted the expenditure
limit adjustment and projected expenditure limit as provided
in subsection (5) of this section, the attorney general or his
or her designee shall adjust or project the expenditure limit,
as necessary.
(7) "Fiscal growth factor" means the average of the sum
of inflation and population change for each of the prior three
fiscal years.
(8) "Inflation" means the percentage change in the
implicit price deflator for the United States for each fiscal
year as published by the federal bureau of labor statistics.
(9) "Population change" means the percentage change in
state population for each fiscal year as reported by the office
of financial management. [2000 2nd sp.s. c 2 § 1; 1994 c 2
§ 2 (Initiative Measure No. 601, approved November 2,
1993).]
Effective date—2000 2nd sp.s. c 2: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
July 1, 2000." [2000 2nd sp.s. c 2 § 4.]
43.135.035 Tax legislation—Conditions and restrictions—Ballot title—Declarations of emergency—Taxes on
intangible property—Expenditure limit to reflect program cost shifting or fund transfer. (Expires June 30,
2003.) (1) After July 1, 1995, any action or combination of
actions by the legislature that raises state revenue or requires
revenue-neutral tax shifts may be taken only if approved by
a two-thirds vote of each house, and then only if state expenditures in any fiscal year, including the new revenue, will
not exceed the state expenditure limits established under this
chapter. However, during the 2001-2003 biennium, any
action or combination of actions by the legislature that raises
state revenue or requires revenue-neutral tax shifts may be
taken only if approved by a majority vote of each house, and
then only if state expenditures in any fiscal year, including
the new revenue, will not exceed the state expenditure limits
established under this chapter.
(2)(a) If the legislative action under subsection (1) of
this section will result in expenditures in excess of the state
expenditure limit, then the action of the legislature shall not
take effect until approved by a vote of the people at a
November general election. The office of financial management shall adjust the state expenditure limit by the amount
of additional revenue approved by the voters under this
section. This adjustment shall not exceed the amount of
revenue generated by the legislative action during the first
full fiscal year in which it is in effect. The state expenditure
(2002 Ed.)
State Expenditures Limitations
limit shall be adjusted downward upon expiration or repeal
of the legislative action.
(b) The ballot title for any vote of the people required
under this section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow
a spending increase above last year’s authorized spending
adjusted for inflation and population increases?"
(3)(a) The state expenditure limit may be exceeded upon
declaration of an emergency for a period not to exceed
twenty-four months by a law approved by a two-thirds vote
of each house of the legislature and signed by the governor.
The law shall set forth the nature of the emergency, which
is limited to natural disasters that require immediate government action to alleviate human suffering and provide
humanitarian assistance. The state expenditure limit may be
exceeded for no more than twenty-four months following the
declaration of the emergency and only for the purposes
contained in the emergency declaration.
(b) Additional taxes required for an emergency under
this section may be imposed only until thirty days following
the next general election, unless an extension is approved at
that general election. The additional taxes shall expire upon
expiration of the declaration of emergency. The legislature
shall not impose additional taxes for emergency purposes
under this subsection unless funds in the education construction fund have been exhausted.
(c) The state or any political subdivision of the state
shall not impose any tax on intangible property listed in
RCW 84.36.070 as that statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted
from the state general fund on or after January 1, 1993, to
another source of funding, or if moneys are transferred from
the state general fund to another fund or account, the state
expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall lower the state expenditure limit to
reflect the shift. For the purposes of this section, a transfer
of money from the state general fund to another fund or
account includes any state legislative action taken after July
1, 2000, that has the effect of reducing revenues from a
particular source, where such revenues would otherwise be
deposited into the state general fund, while increasing the
revenues from that particular source to another state or local
government account. This subsection does not apply to the
dedication or use of lottery revenues under RCW
67.70.240(3) or property taxes under RCW 84.52.068, in
support of education or education expenditures.
(5) If the cost of any state program or function is shifted
to the state general fund on or after January 1, 2000, from
another source of funding, or if moneys are transferred to the
state general fund from another fund or account, the state
expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall increase the state expenditure limit to
reflect the shift. [2002 c 33 § 1. Prior: 2001 c 3 § 8
(Initiative Measure No. 728, approved November 7, 2000);
2000 2nd sp.s. c 2 § 2; 1994 c 2 § 4 (Initiative Measure No.
601, approved November 2, 1993).]
Expiration date—2002 c 33: "This act expires June 30, 2003."
[2002 c 33 § 3.]
Effective date—2002 c 33: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
(2002 Ed.)
43.135.035
government and its existing public institutions, and takes effect immediately
[March 13, 2002]." [2002 c 33 § 4.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.035 Tax legislation—Conditions and restrictions—Ballot title—Declarations of emergency—Taxes on
intangible property—Expenditure limit to reflect program cost shifting or fund transfer. (Effective June 30,
2003.) (1) After July 1, 1995, any action or combination of
actions by the legislature that raises state revenue or requires
revenue-neutral tax shifts may be taken only if approved by
a two-thirds vote of each house, and then only if state expenditures in any fiscal year, including the new revenue, will
not exceed the state expenditure limits established under this
chapter.
(2)(a) If the legislative action under subsection (1) of
this section will result in expenditures in excess of the state
expenditure limit, then the action of the legislature shall not
take effect until approved by a vote of the people at a
November general election. The office of financial management shall adjust the state expenditure limit by the amount
of additional revenue approved by the voters under this
section. This adjustment shall not exceed the amount of
revenue generated by the legislative action during the first
full fiscal year in which it is in effect. The state expenditure
limit shall be adjusted downward upon expiration or repeal
of the legislative action.
(b) The ballot title for any vote of the people required
under this section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow
a spending increase above last year’s authorized spending
adjusted for inflation and population increases?"
(3)(a) The state expenditure limit may be exceeded upon
declaration of an emergency for a period not to exceed
twenty-four months by a law approved by a two-thirds vote
of each house of the legislature and signed by the governor.
The law shall set forth the nature of the emergency, which
is limited to natural disasters that require immediate government action to alleviate human suffering and provide
humanitarian assistance. The state expenditure limit may be
exceeded for no more than twenty-four months following the
declaration of the emergency and only for the purposes
contained in the emergency declaration.
(b) Additional taxes required for an emergency under
this section may be imposed only until thirty days following
the next general election, unless an extension is approved at
that general election. The additional taxes shall expire upon
expiration of the declaration of emergency. The legislature
shall not impose additional taxes for emergency purposes
under this subsection unless funds in the education construction fund have been exhausted.
(c) The state or any political subdivision of the state
shall not impose any tax on intangible property listed in
RCW 84.36.070 as that statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted
from the state general fund on or after January 1, 1993, to
another source of funding, or if moneys are transferred from
[Title 43 RCW—page 495]
43.135.035
Title 43 RCW: State Government—Executive
the state general fund to another fund or account, the state
expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall lower the state expenditure limit to
reflect the shift. For the purposes of this section, a transfer
of money from the state general fund to another fund or
account includes any state legislative action taken after July
1, 2000, that has the effect of reducing revenues from a
particular source, where such revenues would otherwise be
deposited into the state general fund, while increasing the
revenues from that particular source to another state or local
government account. This subsection does not apply to the
dedication or use of lottery revenues under RCW
67.70.240(3) or property taxes under RCW 84.52.068, in
support of education or education expenditures.
(5) If the cost of any state program or function is shifted
to the state general fund on or after January 1, 2000, from
another source of funding, or if moneys are transferred to the
state general fund from another fund or account, the state
expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall increase the state expenditure limit to
reflect the shift. [2001 c 3 § 8 (Initiative Measure No. 728,
approved November 7, 2000); 2000 2nd sp.s. c 2 § 2; 1994
c 2 § 4 (Initiative Measure No. 601, approved November 2,
1993).]
Reviser’s note: This section was amended by 2001 c 3 § 8 (Initiative
Measure No. 728) without cognizance of its amendment by 2000 2nd sp.s.
c 2 § 2. All amendments are incorporated in the publication of this section
pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.03901 Criminal justice treatment account,
violence reduction and drug enforcement account transfers. RCW 43.135.035(4) does not apply to the transfers
established in RCW 70.96A.350. [2002 c 290 § 5.]
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note
following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
43.135.03902 Multimodal transportation account
transfer. (Effective December 30, 2002, if Referendum Bill
No. 51 is approved at the November 2002 general election.)
A transfer from the general fund to the multimodal transportation account under RCW 82.32.460 for taxes collected
under chapters 82.08 and 82.12 RCW on new construction
projects within the improvement program in RCW
47.05.030(2), does not require a corresponding lowering of
the state expenditure limit to reflect this shift for purposes of
RCW 43.135.035(4). [2002 c 202 § 404.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
43.135.045 Emergency reserve fund—Excess
balance to education construction fund—Appropriation
[Title 43 RCW—page 496]
conditions—Transfer of earnings to multimodal transportation account. (Expires June 30, 2003.) (1) The emergency reserve fund is established in the state treasury.
During each fiscal year, the state treasurer shall deposit in
the emergency reserve fund all general fund—state revenues
in excess of the state expenditure limit for that fiscal year.
Deposits shall be made at the end of each fiscal quarter
based on projections of state revenues and the state expenditure limit. The treasurer shall make transfers between
these accounts as necessary to reconcile actual annual
revenues and the expenditure limit for fiscal year 2000 and
thereafter.
(2) The legislature may appropriate moneys from the
emergency reserve fund only with approval of at least twothirds of the members of each house of the legislature, and
then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
However, during the 2001-2003 biennium, the legislature
may transfer moneys from the emergency reserve fund to the
general fund only with approval of a majority of the members of each house of the legislature, and then only if the
appropriation does not cause total expenditures to exceed the
state expenditure limit under this chapter.
(3) The emergency reserve fund balance shall not
exceed five percent of annual general fund—state revenues
as projected by the official state revenue forecast. Any
balance in excess of five percent shall be transferred on a
quarterly basis by the state treasurer as follows: Seventyfive percent to the student achievement fund hereby created
in the state treasury and twenty-five percent to the general
fund balance. The treasurer shall make transfers between
these accounts as necessary to reconcile actual annual
revenues for fiscal year 2000 and thereafter. When perstudent state funding for the maintenance and operation of
K-12 education meets a level of no less than ninety percent
of the national average of total funding from all sources per
student as determined by the most recent published data
from the national center for education statistics of the United
States department of education, as calculated by the office of
financial management, further deposits to the student
achievement fund shall be required only to the extent
necessary to maintain the ninety-percent level. Remaining
funds are part of the general fund balance and these funds
are subject to the expenditure limits of this chapter.
(4) The education construction fund is hereby created in
the state treasury.
(a) Funds may be appropriated from the education
construction fund exclusively for common school construction or higher education construction.
(b) Funds may be appropriated for any other purpose
only if approved by a two-thirds vote of each house of the
legislature and if approved by a vote of the people at the
next general election. An appropriation approved by the
people under this subsection shall result in an adjustment to
the state expenditure limit only for the fiscal period for
which the appropriation is made and shall not affect any
subsequent fiscal period.
(5) Funds from the student achievement fund shall be
appropriated to the superintendent of public instruction
strictly for distribution to school districts to meet the
provisions set out in the student achievement act. Alloca(2002 Ed.)
State Expenditures Limitations
tions shall be made on an equal per full-time equivalent
student basis to each school district.
(6) Earnings of the emergency reserve fund under RCW
43.84.092(4)(a) shall be transferred quarterly to the
multimodal transportation account, except for those earnings
that are in excess of thirty-five million dollars each fiscal
year. Within thirty days following any fiscal year in which
earnings transferred to the multimodal transportation account
under this subsection did not total thirty-five million dollars,
the state treasurer shall transfer from the emergency reserve
fund an amount necessary to bring the total deposited in the
multimodal transportation account under this subsection to
thirty-five million dollars. The revenues to the multimodal
transportation account reflected in this subsection provide
ongoing support for the transportation programs of the state.
However, it is the intent of the legislature that any new longterm financial support that may be subsequently provided for
transportation programs will be used to replace and supplant
the revenues reflected in this subsection, thereby allowing
those revenues to be returned to the purposes to which they
were previously dedicated. [2002 c 33 § 2. Prior: 2001 c
3 § 9 (Initiative Measure No. 728, approved November 7,
2000); 2000 2nd sp.s. c 5 § 1; 2000 2nd sp.s. c 2 § 3; 1994
c 2 § 3 (Initiative Measure No. 601, approved November 2,
1993).]
Expiration date—Effective date—2002 c 33: See notes following
RCW 43.135.035.
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.045 Emergency reserve fund—Excess balance to education
construction fund—Appropriation conditions—Transfer of earnings to
multimodal transportation account (as amended by 2000 2nd sp.s. c 5
and 2000 2nd sp.s. c 2). (Effective June 30, 2003.) (1) The emergency
reserve fund is established in the state treasury. During each fiscal year, the
state treasurer shall deposit in the emergency reserve fund all general
fund—state revenues in excess of the state expenditure limit for that fiscal
year. Deposits shall be made at the end of each fiscal quarter based on
projections of state revenues and the state expenditure limit. The treasurer
shall make transfers between these accounts as necessary to reconcile actual
annual revenues and the expenditure limit for fiscal year 2000 and
thereafter.
(2) The legislature may appropriate moneys from the emergency
reserve fund only with approval of at least two-thirds of the members of
each house of the legislature, and then only if the appropriation does not
cause total expenditures to exceed the state expenditure limit under this
chapter.
(3) The emergency reserve fund balance shall not exceed five percent
of annual general fund—state revenues as projected by the official state
revenue forecast. Any balance in excess of five percent shall be transferred
on a quarterly basis by the state treasurer to the education construction fund
hereby created in the treasury. The treasurer shall make transfers between
these accounts as necessary to reconcile actual annual revenues for fiscal
year 2000 and thereafter.
(4)(a) Funds may be appropriated from the education construction fund
exclusively for common school construction or higher education construction.
(b) Funds may be appropriated for any other purpose only if approved
by a two-thirds vote of each house of the legislature and if approved by a
vote of the people at the next general election. An appropriation approved
by the people under this subsection shall result in an adjustment to the state
expenditure limit only for the fiscal period for which the appropriation is
made and shall not affect any subsequent fiscal period.
(5) Earnings of the emergency reserve fund under RCW
43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are in excess of thirty-five
(2002 Ed.)
43.135.045
million dollars each fiscal year. Within thirty days following any fiscal year
in which earnings transferred to the multimodal transportation account under
this subsection did not total thirty-five million dollars, the state treasurer
shall transfer from the emergency reserve fund an amount necessary to bring
the total deposited in the multimodal transportation account under this
subsection to thirty-five million dollars. The revenues to the multimodal
transportation account reflected in this subsection provide ongoing support
for the transportation programs of the state. However, it is the intent of the
legislature that any new long-term financial support that may be subsequently provided for transportation programs will be used to replace and supplant
the revenues reflected in this subsection, thereby allowing those revenues
to be returned to the purposes to which they were previously dedicated.
[2000 2nd sp.s. c 5 § 1; 2000 2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative
Measure No. 601, approved November 2, 1993).]
Reviser’s note: This section was amended by 2000 2nd sp.s. c 2 §
3 and by 2000 2nd sp.s. c 5 § 1, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.045 Emergency reserve fund—Excess balance to education
construction fund—Appropriation conditions—Transfer of earnings to
multimodal transportation account (as amended by 2001 c 3 (Initiative
Measure No. 728)). (Effective June 30, 2003.) (1) The emergency reserve
fund is established in the state treasury. During each fiscal year, the state
treasurer shall deposit in the emergency reserve fund all general fund—state
revenues in excess of the state expenditure limit for that fiscal year.
Deposits shall be made at the end of each fiscal quarter based on projections
of state revenues and the state expenditure limit.
(2) The legislature may appropriate moneys from the emergency
reserve fund only with approval of at least two-thirds of the members of
each house of the legislature, and then only if the appropriation does not
cause total expenditures to exceed the state expenditure limit under this
chapter.
(3) The emergency reserve fund balance shall not exceed five percent
of ((biennial)) annual general fund—state revenues as projected by the
official state revenue forecast. Any balance in excess of five percent shall
be transferred on a quarterly basis by the state treasurer ((to the education
construction fund hereby created in the treasury)) as follows: Seventy-five
percent to the student achievement fund hereby created in the state treasury
and twenty-five percent to the general fund balance. When per-student state
funding for the maintenance and operation of K-12 education meets a level
of no less than ninety percent of the national average of total funding from
all sources per student as determined by the most recent published data from
the national center for education statistics of the United States department
of education, as calculated by the office of financial management, further
deposits to the student achievement fund shall be required only to the extent
necessary to maintain the ninety-percent level. Remaining funds are part of
the general fund balance and these funds are subject to the expenditure
limits of this chapter.
(4) The education construction fund is hereby created in the state
treasury.
(a) Funds may be appropriated from the education construction fund
exclusively for common school construction or higher education construction.
(b) Funds may be appropriated for any other purpose only if approved
by a two-thirds vote of each house of the legislature and if approved by a
vote of the people at the next general election. An appropriation approved
by the people under this subsection shall result in an adjustment to the state
expenditure limit only for the fiscal period for which the appropriation is
made and shall not affect any subsequent fiscal period.
(5) Funds from the student achievement fund shall be appropriated to
the superintendent of public instruction strictly for distribution to school
districts to meet the provisions set out in the student achievement act.
Allocations shall be made on an equal per full-time equivalent student basis
to each school district. [2001 c 3 § 9 (Initiative Measure No. 728, approved
November 7, 2000); 1994 c 2 § 3 (Initiative Measure No. 601, approved
November 2, 1993).]
Reviser’s note: This section was amended by 2001 c 3 § 9 (Initiative
Measure No. 728) without cognizance of its amendment by 2000 2nd sp.s.
c 5 § 1 and by 2000 2nd sp.s. c 2 § 3. For rule of construction, see RCW
1.12.025.
[Title 43 RCW—page 497]
43.135.045
Title 43 RCW: State Government—Executive
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
43.135.051 Emergency reserve fund—State investment board authority to invest or manage. (1) The state
investment board has the full power to invest, reinvest,
manage, contract, sell, or exchange investment moneys in the
emergency reserve fund. All investment and operating costs
associated with the investment of money shall be paid
pursuant to RCW 43.33A.160 and 43.84.160. With the
exception of these expenses, the earnings from the investment of the money shall be retained by the fund.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care pursuant to RCW 43.33A.140 and the investment
policies established by the state investment board.
(3) As deemed appropriate by the state investment
board, moneys in the fund may be commingled for investment with other funds subject to investment by the board.
[1999 c 288 § 1.]
Effective date—1999 c 288: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 288 § 3.]
43.135.055 Fee increase restriction—Exception. (1)
No fee may increase in any fiscal year by a percentage in
excess of the fiscal growth factor for that fiscal year without
prior legislative approval.
(2) This section does not apply to an assessment made
by an agricultural commodity commission or board created
by state statute or created under a marketing agreement or
order under chapter 15.65 or 15.66 RCW, or to the forest
products commission, if the assessment is approved by
referendum in accordance with the provisions of the statutes
creating the commission or board or chapter 15.65 or 15.66
RCW for approving such assessments. [2001 c 314 § 19;
1997 c 303 § 2; 1994 c 2 § 8 (Initiative Measure No. 601,
approved November 2, 1993).]
Findings—Construction—Severability—2001 c 314: See RCW
15.100.010, 15.100.900, and 15.100.901.
Findings—1997 c 303: "The legislature finds that Initiative Measure
No. 601, adopted by the people of the state of Washington, limits fee
increases by requiring that any increases in fees beyond the levels expressly
allowed under the initiative receive the prior approval of the legislature.
The legislature finds that a more direct system of allowing the people to
control fee increases predates Initiative Measure No. 601. This system
developed in agricultural communities and provides these communities with
direct control of the fees of the agricultural commodity commissions they
created to serve them. The system requires those who pay the assessments
levied by commodity commissions and boards to approve of assessment
increases by referendum. It is at the heart of the statutes and marketing
orders and agreements under which agricultural commodity commissions
and boards are created. The legislature does not believe that the adoption
of Initiative Measure No. 601 was intended to dilute in any manner this
more direct control held by the people governed by commodity commissions or boards over the fees they pay in the form of such assessments.
Therefore, the legislature defers to this more direct control of these
assessments so long as the authority to approve or disapprove of increases
in these assessments is by referendum held directly by those who pay
them." [1997 c 303 § 1.]
Effective date—1997 c 303 §§ 1-3: "Sections 1 through 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 9, 1997]." [1997 c 303 § 9.]
[Title 43 RCW—page 498]
Toll increases in excess of fiscal growth factor: RCW 47.46.120.
43.135.060 Prohibition of new or extended programs without full reimbursement—Transfer of programs—Determination of costs. (1) After July 1, 1995, the
legislature shall not impose responsibility for new programs
or increased levels of service under existing programs on any
political subdivision of the state unless the subdivision is
fully reimbursed by the state for the costs of the new
programs or increases in service levels. Reimbursement by
the state may be made by: (a) A specific appropriation; or
(b) increases in state distributions of revenue to political
subdivisions occurring after January 1, 1998.
(2) If by order of any court, or legislative enactment, the
costs of a federal or local government program are transferred to or from the state, the otherwise applicable state
expenditure limit shall be increased or decreased, as the case
may be, by the dollar amount of the costs of the program.
(3) The legislature, in consultation with the office of
financial management or its successor agency, shall determine the costs of any new programs or increased levels of
service under existing programs imposed on any political
subdivision or transferred to or from the state.
(4) Subsection (1) of this section does not apply to the
costs incurred for voting devices or machines under RCW
29.04.200. [1998 c 321 § 15 (Referendum Bill No. 49,
approved November 3, 1998); 1994 c 2 § 5 (Initiative
Measure No. 601, approved November 2, 1993); 1990 2nd
ex.s. c 1 § 601; 1990 c 184 § 2; 1980 c 1 § 6 (Initiative
Measure No. 62, approved November 6, 1979).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Local government reimbursement claims: RCW 4.92.280.
43.135.080 Reenactment and reaffirmation of
Initiative Measure No. 601—Continued limitations—
Exceptions. (1) Initiative Measure No. 601 (chapter 43.135
RCW, as amended by chapter 321, Laws of 1998 and the
amendatory changes enacted by section 6, chapter 2, Laws
of 1994) is hereby reenacted and reaffirmed. The legislature
also adopts chapter 321, Laws of 1998 to continue the
general fund revenue and expenditure limitations contained
in this chapter 43.135 RCW after this one-time transfer of
funds.
(2) RCW 43.135.035(4) does not apply to sections 5
through 13, chapter 321, Laws of 1998. [1998 c 321 § 14
(Referendum Bill No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
43.135.902 Short title—1994 c 2. This chapter may
be known and cited as the taxpayer protection act. [1994 c
(2002 Ed.)
State Expenditures Limitations
2 § 10 (Initiative Measure No. 601, approved November 2,
1993).]
43.135.903 Severability—1994 c 2. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not affected. [1994 c 2 § 12 (Initiative Measure No. 601, approved
November 2, 1993).]
43.135.904 Effective dates—1994 c 2. (1) Sections
8 and 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and
shall take effect immediately [December 2, 1993].
(2) Sections 1 through 7 and 9 through 12 of this act
shall take effect July 1, 1995. [1994 c 2 § 14 (Initiative
Measure No. 601, approved November 2, 1993).]
Chapter 43.136
TERMINATION OF TAX PREFERENCES
Sections
43.136.010 Legislative findings—Intent.
43.136.020 "Tax preference" defined.
43.136.030 Legislative budget committee and department of revenue—
Review of tax preferences—Reports.
43.136.040 Legislative budget committee review of tax preferences—
Factors for consideration.
43.136.050 Powers and duties of ways and means committees.
43.136.070 Report on existing tax preferences to be provided—
Additional information to be provided.
Listing of reduction in revenues from tax exemptions to be submitted to
legislature by department of revenue—Periodic review and submission
of recommendations to legislature by governor: RCW 43.06.400.
43.136.010 Legislative findings—Intent. The
legislature recognizes that tax preferences are enacted by the
legislature to meet objectives which are determined to be in
the public interest. The legislature finds, however, that some
tax preferences may not be efficient or equitable tools for the
achievement of current legislative objectives. The legislature
finds that unless it can be demonstrated that the public
interest is served by the continued existence of tax preferences, they should be terminated or modified. The legislature
further finds that periodic evaluations of tax preferences are
needed to determine if their continued existence is in the
public interest.
It is the intent of the legislature to establish a mechanism for scheduling periodic evaluations of tax preferences
together with a system for their termination, continuation, or
modification. By this mechanism, the legislature intends to
ensure that thorough periodic evaluations are made and that
those tax preferences which do not continue to serve the
public interest are terminated or modified. [1982 1st ex.s. c
35 § 39.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
43.136.020 "Tax preference" defined. As used in
this chapter, "tax preference" means an exemption, exclusion,
or deduction from the base of a state tax; a credit against a
(2002 Ed.)
43.135.902
state tax; a deferral of a state tax; or a preferential state tax
rate. [1982 1st ex.s. c 35 § 40.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
43.136.030 *Legislative budget committee and
department of revenue—Review of tax preferences—
Reports. The *legislative budget committee shall review
each tax preference for termination by the processes provided in this chapter. The review shall be completed and a
report prepared on or before June 30th of the year prior to
the date established for termination. Upon completion of its
report, the *legislative budget committee shall transmit
copies of the report to the department of revenue. The
department of revenue may then conduct its own review of
the tax preference scheduled for termination and shall
prepare a report on or before September 30th of the year
prior to the date established for termination. Upon completion of its report the department of revenue shall transmit
copies of its report to the *legislative budget committee.
The *legislative budget committee shall prepare a final
report that includes the reports of both the department of
revenue and the *legislative budget committee. The *legislative budget committee and the department of revenue shall,
upon request, make available to each other all working
papers, studies, and other documents which relate to reports
required under this section. The *legislative budget committee shall transmit the final report to all members of the
legislature, to the governor, and to the state library. [1982
1st ex.s. c 35 § 41.]
*Reviser’s note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 § 3.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
43.136.040 *Legislative budget committee review of
tax preferences—Factors for consideration. In reviewing
a tax preference, the *legislative budget committee shall
develop information needed by the legislature to determine
if the tax preference should be terminated as scheduled,
modified, or reestablished without modification. The
*legislative budget committee shall consider, but not be
limited to, the following factors in the review.
(1) The persons or organizations whose state tax
liabilities are directly affected by the tax preference.
(2) Legislative objectives that might provide a justification for the tax preference.
(3) Evidence that the existence of the tax preference has
contributed to the achievement of any of the objectives
identified in subsection (2) of this section.
(4) The extent to which continuation of the tax preference beyond its scheduled termination date might contribute
to any of the objectives identified in subsection (2) of this
section.
(5) Fiscal impacts of the tax preference, including past
impacts and expected future impacts if it is not terminated as
scheduled.
(6) The extent to which termination of the tax preference would affect the distribution of liability for payment of
state taxes. [1982 1st ex.s. c 35 § 42.]
*Reviser’s note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 § 3.
[Title 43 RCW—page 499]
43.136.040
Title 43 RCW: State Government—Executive
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
43.136.050 Powers and duties of ways and means
committees. (1) Following receipt of the final report from
the *legislative budget committee, the ways and means committees of the house of representatives and the senate shall
jointly hold a public hearing to consider the final report and
any related data. The committees shall also receive testimony from the governor, or the governor’s designee, and other
interested parties, including the general public.
(2) Following the joint hearing, the committees may
separately hold additional meetings or hearings to come to
a final determination as to whether a continuation, modification, or termination of a tax preference is in the public
interest. If a committee determines that a tax preference
should be continued or modified, it shall make the determination as a bill. No more than one tax preference shall be
reestablished or modified in any one bill. [1982 1st ex.s. c
35 § 43.]
*Reviser’s note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 § 3.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
43.136.070 Report on existing tax preferences to be
provided—Additional information to be provided. On or
before September 30, 1982, the department of revenue shall
provide the *select joint committee with a report on existing
tax preferences. The report shall include a list of tax
preferences and a description of each one. Upon request of
the *select joint committee, the department of revenue shall
provide additional information needed by the *select joint
committee to meet its responsibilities under this chapter.
[1982 1st ex.s. c 35 § 45.]
*Reviser’s note: RCW 43.131.115, which created the select joint
committee, was repealed by 1993 c 142 § 1.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Chapter 43.140
GEOTHERMAL ENERGY
Sections
43.140.010
43.140.020
43.140.030
43.140.040
43.140.050
43.140.060
Purpose.
Definitions.
Geothermal account—Deposit of revenues.
Geothermal account—Limitations on distributions.
Distribution of funds to county of origin.
Appropriation for exploration and assessment of geothermal
energy—Reimbursement.
43.140.900 Termination of chapter.
Geothermal resources: RCW 79.12.095.
43.140.010 Purpose. The purpose of this chapter is
to provide for the allocation of revenues distributed to the
state under section 35 of the Mineral Lands Leasing Act of
1920, as amended (30 U.S.C. Sec. 191), with respect to
activities of the United States bureau of land management
undertaken pursuant to the Geothermal Steam Act of 1970
(30 U.S.C. Sec. 1001 et. seq.) in order to accomplish the
following general objectives:
[Title 43 RCW—page 500]
(1) Reduction of dependence on nonrenewable energy
and stimulation of the state’s economy through development
of geothermal energy.
(2) Mitigation of the social, economic, and environmental impacts of geothermal development.
(3) Financial assistance to counties to offset the costs of
providing public services and facilities necessitated by the
development of geothermal resources within their jurisdictions.
(4) Maintenance of the productivity of renewable
resources through the investment of proceeds from these
resources. [1981 c 158 § 1.]
43.140.020 Definitions. As used in this chapter:
(1) "County of origin" means any county in which the
United States bureau of land management has leased lands
for geothermal development.
(2) "Geothermal energy" means the natural heat of the
earth and the medium by which this heat is extracted from
the earth, including liquids or gases, as well as any minerals
contained in any natural or injected fluids, brines, and
associated gas but excluding oil, hydrocarbon gas, and other
hydrocarbon substances. [1981 c 158 § 2.]
43.140.030 Geothermal account—Deposit of revenues. There is created the geothermal account in the state
treasury. All expenditures from this account are subject to
appropriation and chapter 43.88 RCW.
All revenues received by the state treasurer under
section 35 of the Mineral Lands Leasing Act of 1920, as
amended (30 U.S.C. Sec. 191), with respect to activities of
the United States bureau of land management undertaken
pursuant to the Geothermal Steam Act of 1970 (30 U.S.C.
Sec. 1001 et. seq.) shall be deposited in the geothermal
account in the state treasury immediately upon receipt.
[1991 sp.s. c 13 § 7; 1985 c 57 § 58; 1981 c 158 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.140.040 Geothermal account—Limitations on
distributions. Distribution of funds from the geothermal
account of the general fund shall be subject to the following
limitations:
(1) Thirty percent to the department of natural resources
for geothermal exploration and assessment;
(2) Thirty percent to Washington State University or its
statutory successor for the purpose of encouraging the
development of geothermal energy; and
(3) Forty percent to the county of origin for mitigating
impacts caused by geothermal energy exploration, assessment, and development. [1996 c 186 § 510; 1981 c 158 §
4.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
43.140.050 Distribution of funds to county of origin.
The state treasurer shall be responsible for distribution of
funds to the county of origin. Each county’s share of rentals
and royalties from a lease including lands in more than one
county shall be computed on the basis of the ratio that the
(2002 Ed.)
Geothermal Energy
acreage within each county has to the total acreage in the
lease. Washington State University shall obtain the necessary
information to make the distribution of funds on such a
basis. [1996 c 186 § 511; 1996 c 186 § 107; 1981 c 158 §
5.]
Reviser’s note: This section was amended by 1996 c 186 § 107 and
by 1996 c 186 § 511, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
43.140.060 Appropriation for exploration and
assessment of geothermal energy—Reimbursement. The
legislature hereby appropriates one hundred forty-eight
thousand dollars from the general fund of the state treasury
to the department of natural resources for the purpose of
exploration and assessment of geothermal energy within the
state of Washington. The department of natural resources
shall reimburse the general fund from its share of the
revenues credited to the geothermal account up to one
hundred forty-eight thousand dollars. Geothermal Steam Act
revenues credited to the department’s share of the geothermal account in excess of one hundred forty-eight thousand
dollars shall be expended by the department of natural
resources for the purpose of exploration and assessment of
geothermal energy within the state of Washington. [1981 c
158 § 7.]
43.140.900 Termination of chapter. This chapter
shall terminate on June 30, 2011. [2001 c 215 § 1; 1991 c
76 § 1; 1981 c 158 § 8.]
Effective date—2001 c 215: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 8, 2001]." [2001 c 215 § 2.]
Chapter 43.143
OCEAN RESOURCES MANAGEMENT ACT
Sections
43.143.005 Legislative findings.
43.143.010 Legislative policy and intent—Moratorium on leases for oil
and gas exploration, development, or production—
Appeals from regulation of recreational uses—
Participation in federal ocean and marine resource decisions.
43.143.020 Definitions.
43.143.030 Planning and project review criteria.
43.143.900 Captions not law.
43.143.901 Short title.
43.143.902 Severability—1989 1st ex.s. c 2.
Oil or gas exploration in marine waters: RCW 90.58.550.
Transport of petroleum products or hazardous substances: Chapter 88.40
RCW.
43.143.005 Legislative findings. (1) Washington’s
coastal waters, seabed, and shorelines are among the most
valuable and fragile of its natural resources.
(2) Ocean and marine-based industries and activities,
such as fishing, aquaculture, tourism, and marine transportation have played a major role in the history of the state and
will continue to be important in the future.
(2002 Ed.)
43.140.050
(3) Washington’s coastal waters, seabed, and shorelines
are faced with conflicting use demands. Some uses may
pose unacceptable environmental or social risks at certain
times.
(4) The state of Washington has primary jurisdiction
over the management of coastal and ocean natural resources
within three miles of its coastline. From three miles seaward
to the boundary of the two hundred mile exclusive economic
zone, the United States federal government has primary
jurisdiction. Since protection, conservation, and development
of the natural resources in the exclusive economic zone
directly affect Washington’s economy and environment, the
state has an inherent interest in how these resources are
managed. [1997 c 152 § 1; 1989 1st ex.s. c 2 § 8.]
43.143.010 Legislative policy and intent—
Moratorium on leases for oil and gas exploration, development, or production—Appeals from regulation of
recreational uses—Participation in federal ocean and
marine resource decisions. (1) The purpose of this chapter
is to articulate policies and establish guidelines for the
exercise of state and local management authority over
Washington’s coastal waters, seabed, and shorelines.
(2) There shall be no leasing of Washington’s tidal or
submerged lands extending from mean high tide seaward
three miles along the Washington coast from Cape Flattery
south to Cape Disappointment, nor in Grays Harbor, Willapa
Bay, and the Columbia river downstream from the Longview
bridge, for purposes of oil or gas exploration, development,
or production.
(3) When conflicts arise among uses and activities,
priority shall be given to resource uses and activities that
will not adversely impact renewable resources over uses
which are likely to have an adverse impact on renewable resources.
(4) It is the policy of the state of Washington to actively
encourage the conservation of liquid fossil fuels, and to
explore available methods of encouraging such conservation.
(5) It is not currently the intent of the legislature to include recreational uses or currently existing commercial uses
involving fishing or other renewable marine or ocean
resources within the uses and activities which must meet the
planning and review criteria set forth in RCW 43.143.030.
It is not the intent of the legislature, however, to permanently exclude these uses from the requirements of RCW
43.143.030. If information becomes available which
indicates that such uses should reasonably be covered by the
requirements of RCW 43.143.030, the permitting government
or agency may require compliance with those requirements,
and appeals of that decision shall be handled through the
established appeals procedure for that permit or approval.
(6) The state shall participate in federal ocean and
marine resource decisions to the fullest extent possible to
ensure that the decisions are consistent with the state’s
policy concerning the use of those resources. [1997 c 152
§ 2; 1995 c 339 § 1; 1989 1st ex.s. c 2 § 9.]
43.143.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
[Title 43 RCW—page 501]
43.143.020
Title 43 RCW: State Government—Executive
(1) "Coastal counties" means Clallam, Jefferson, Grays
Harbor, and Pacific counties.
(2) "Coastal waters" means the waters of the Pacific
Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.
[1989 1st ex.s. c 2 § 10.]
43.143.030 Planning and project review criteria.
(1) When the state of Washington and local governments
develop plans for the management, conservation, use, or
development of natural resources in Washington’s coastal
waters, the policies in RCW 43.143.010 shall guide the
decision-making process.
(2) Uses or activities that require federal, state, or local
government permits or other approvals and that will adversely impact renewable resources, marine life, fishing, aquaculture, recreation, navigation, air or water quality, or other
existing ocean or coastal uses, may be permitted only if the
criteria below are met or exceeded:
(a) There is a demonstrated significant local, state, or
national need for the proposed use or activity;
(b) There is no reasonable alternative to meet the public
need for the proposed use or activity;
(c) There will be no likely long-term significant adverse
impacts to coastal or marine resources or uses;
(d) All reasonable steps are taken to avoid and minimize
adverse environmental impacts, with special protection
provided for the marine life and resources of the Columbia
river, Willapa Bay and Grays Harbor estuaries, and Olympic
national park;
(e) All reasonable steps are taken to avoid and minimize
adverse social and economic impacts, including impacts on
aquaculture, recreation, tourism, navigation, air quality, and
recreational, commercial, and tribal fishing;
(f) Compensation is provided to mitigate adverse
impacts to coastal resources or uses;
(g) Plans and sufficient performance bonding are
provided to ensure that the site will be rehabilitated after the
use or activity is completed; and
(h) The use or activity complies with all applicable
local, state, and federal laws and regulations. [1989 1st ex.s.
c 2 § 11.]
Chapter 43.145
NORTHWEST INTERSTATE COMPACT ON
LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT
Sections
43.145.010 Compact.
43.145.020 Requirements of Washington representative to Northwest
low-level waste compact committee.
43.145.030 Rule-making authority.
Radioactive Waste Storage and Transportation Act of 1980: Chapter 70.99
RCW.
43.145.010 Compact. The Northwest Interstate
Compact on Low-Level Radioactive Waste Management is
hereby enacted into law and entered into by the state of
Washington as a party, and is in full force and effect
between the state and other states joining the compact in
accordance with the terms of the compact.
NORTHWEST INTERSTATE COMPACT ON
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
ARTICLE I—Policy and Purpose
The party states recognize that low-level radioactive
wastes are generated by essential activities and services that
benefit the citizens of the states. It is further recognized that
the protection of the health and safety of the citizens of the
party states and the most economical management of lowlevel radioactive wastes can be accomplished through
cooperation of the states in minimizing the amount of
handling and transportation required to dispose of such
wastes and through the cooperation of the states in providing
facilities that serve the region. It is the policy of the party
states to undertake the necessary cooperation to protect the
health and safety of the citizens of the party states and to
provide for the most economical management of low-level
radioactive wastes on a continuing basis. It is the purpose
of this compact to provide the means for such a cooperative
effort among the party states so that the protection of the
citizens of the states and the maintenance of the viability of
the states’ economies will be enhanced while sharing the
responsibilities of radioactive low-level waste management.
ARTICLE II—Definitions
43.143.900 Captions not law. Section captions as
used in this chapter do not constitute any part of the law.
[1989 1st ex.s. c 2 § 18.]
43.143.901 Short title. Sections 8 through 12 of this
act shall constitute a new chapter in Title 43 RCW and may
be known and cited as the ocean resources management act.
[1989 1st ex.s. c 2 § 19.]
43.143.902 Severability—1989 1st ex.s. c 2. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 1st ex.s. c 2 § 20.]
[Title 43 RCW—page 502]
As used in this compact:
(1) "Facility" means any site, location, structure, or
property used or to be used for the storage, treatment, or
disposal of low-level waste, excluding federal waste facilities;
(2) "Low-level waste" means waste material which
contains radioactive nuclides emitting primarily beta or
gamma radiation, or both, in concentrations or quantities
which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste
containing more than ten nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor
material classified as either high-level waste or waste which
is unsuited for disposal by near-surface burial under any applicable federal regulations;
(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as
a part of its activities, produces low-level radioactive waste;
(2002 Ed.)
Northwest Interstate Compact on Low-Level Radioactive Waste Management
(4) "Host state" means a state in which a facility is
located.
ARTICLE III—Regulatory Practices
Each party state hereby agrees to adopt practices which
will require low-level waste shipments originating within its
borders and destined for a facility within another party state
to conform to the applicable packaging and transportation
requirements and regulations of the host state. Such practices shall include:
(1) Maintaining an inventory of all generators within the
state that have shipped or expect to ship low-level waste to
facilities in another party state;
(2) Periodic unannounced inspection of the premises of
such generators and the waste management activities thereon;
(3) Authorization of the containers in which such waste
may be shipped, and a requirement that generators use only
that type of container authorized by the state;
(4) Assurance that inspections of the carriers which
transport such waste are conducted by proper authorities, and
appropriate enforcement action taken for violations;
(5) After receiving notification from a host state that a
generator within the party state is in violation of applicable
packaging or transportation standards, the party state will
take appropriate action to assure that such violations do not
recur. Such action may include inspection of every individual low-level waste shipment by that generator.
Each party state may impose fees upon generators and
shippers to recover the cost of the inspections and other
practices under this Article. Nothing in this Article shall be
construed to limit any party state’s authority to impose
additional or more stringent standards on generators or
carriers than those required under this Article.
ARTICLE IV—Regional Facilities
Section 1. Facilities located in any party state, other
than facilities established or maintained by individual lowlevel waste generators for the management of their own lowlevel waste, shall accept low-level waste generated in any
party state if such waste has been packaged and transported
according to applicable laws and regulations.
Section 2. No facility located in any party state may
accept low-level waste generated outside of the region
comprised of the party states, except as provided in Article
V.
Section 3. Until such time as Section 2 takes effect as
provided in Article VI, facilities located in any party state
may accept low-level waste generated outside of any of the
party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which
such waste shipment originated. Such certificate shall be in
such form as may be required by the host state, and shall
contain at least the following:
(1) The generator’s name and address;
(2) A description of the contents of the low-level waste
container;
(3) A statement that the low-level waste being shipped
has been inspected by the official who issued the certificate
or by his agent or by a representative of the United States
Nuclear Regulatory Commission, and found to have been
packaged in compliance with applicable federal regulations
(2002 Ed.)
43.145.010
and such additional requirements as may be imposed by the
host state;
(4) A binding agreement by the state of origin to
reimburse any party state for any liability or expense
incurred as a result of an accidental release of such waste
during shipment or after such waste reaches the facility.
Section 4. Each party state shall cooperate with the
other party states in determining the appropriate site of any
facility that might be required within the region comprised
of the party states, in order to maximize public health and
safety while minimizing the use of any one party state as the
host of such facilities on a permanent basis. Each party state
further agrees that decisions regarding low-level waste
management facilities in their region will be reached through
a good faith process which takes into account the burdens
borne by each of the party states as well as the benefits each
has received.
Section 5. The party states recognize that the issue of
hazardous chemical waste management is similar in many
respects to that of low-level waste management. Therefore,
in consideration of the state of Washington allowing access
to its low-level waste disposal facility by generators in other
party states, party states such as Oregon and Idaho which
host hazardous chemical waste disposal facilities will allow
access to such facilities by generators within other party
states. Nothing in this compact may be construed to prevent
any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities
within its borders or from ordering the closure or [of] such
facilities, so long as such action by a host state is applied
equally to all generators within the region composed of the
party states.
Section 6. Any host state may establish a schedule of
fees and requirements related to its facility, to assure that
closure, perpetual care, and maintenance and contingency
requirements are met, including adequate bonding.
ARTICLE V—Northwest Low-level Waste
Compact Committee
The governor of each party state shall designate one
official of that state as the person responsible for administration of this compact. The officials so designated shall
together comprise the Northwest low-level waste compact
committee. The committee shall meet as required to
consider matters arising under this compact. The parties
shall inform the committee of existing regulations concerning
low-level waste management in their states, and shall afford
all parties a reasonable opportunity to review and comment
upon any proposed modifications in such regulations.
Notwithstanding any provision of Article IV to the contrary,
the committee may enter into arrangements with states,
provinces, individual generators, or regional compact entities
outside the region comprised of the party states for access to
facilities on such terms and conditions as the committee may
deem appropriate. However, it shall require a two-thirds
vote of all such members, including the affirmative vote of
the member of any party state in which a facility affected by
such arrangement is located, for the committee to enter into
such arrangement.
[Title 43 RCW—page 503]
43.145.010
Title 43 RCW: State Government—Executive
ARTICLE VI—Eligible Parties and Effective Date
Section 1. Each of the following states is eligible to
become a party to this compact: Alaska, Hawaii, Idaho,
Montana, Oregon, Utah, Washington, and Wyoming. As to
any eligible party, this compact shall become effective upon
enactment into law by that party, but it shall not become
initially effective until enacted into law by two states. Any
party state may withdraw from this compact by enacting a
statute repealing its approval.
Section 2. After the compact has initially taken effect
pursuant to Section 1, any eligible party state may become
a party to this compact by the execution of an executive
order by the governor of the state. Any state which becomes
a party in this manner shall cease to be a party upon the
final adjournment of the next general or regular session of its
legislature or July 1, 1983, whichever occurs first, unless the
compact has by then been enacted as a statute by that state.
Section 3. Section 2 of Article IV of this compact shall
take effect on July 1, 1983, if consent is given by Congress.
As provided in Public Law 96-573, Congress may withdraw
its consent to the compact after every five-year period.
ARTICLE VII—Severability
If any provision of this compact, or its application to
any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its
provisions to all other persons and circumstances, shall
remain valid; and to this end the provisions of this compact
are severable. [1981 c 124 § 1.]
43.145.020 Requirements of Washington representative to Northwest low-level waste compact committee.
The person designated as the Washington representative to
the committee as specified in Article V shall adhere to all
provisions of the low-level radioactive waste compact. In
considering special conditions or arrangements for access to
the state’s facilities from wastes generated outside of the
region, the committee member shall ensure at a minimum,
that the provisions of Article IV, Section 3 are complied
with. After 1992 the Washington representative may
approve access to the state’s facility only for the states
currently members of the Rocky Mountain compact or states
which generate less than one thousand cubic feet of waste
annually and are contiguous with a state which is a member
of the Northwest compact. [1990 c 21 § 5; 1981 c 124 § 2.]
43.145.030
43.200.070.
Rule-making authority. See RCW
Chapter 43.146
PACIFIC STATES AGREEMENT ON
RADIOACTIVE MATERIAL
TRANSPORTATION MANAGEMENT
Sections
43.146.010 Pacific States Agreement on Radioactive Materials Transportation Management.
43.146.900 Legislative directive—State designee.
[Title 43 RCW—page 504]
43.146.010 Pacific States Agreement on Radioactive
Materials Transportation Management. The Pacific States
Agreement on Radioactive Materials Transportation Management is hereby enacted into law and entered into by the state
of Washington as a party, and is in full force and effect
between the state and other states joining the agreement in
accordance with its terms.
PACIFIC STATES AGREEMENT ON
RADIOACTIVE MATERIALS
TRANSPORTATION MANAGEMENT
ARTICLE I—Policy and Purpose
The party states recognize that protection of the health
and safety of citizens and the environment, and the most
economical transportation of radioactive materials, can be
accomplished through cooperation and coordination among
neighboring states. It is the purpose of this agreement to
establish a committee comprised of representatives from each
party state to further cooperation between the states on
emergency response and to coordinate activities by the states
to eliminate unnecessary duplication of rules and regulations
regarding the transportation and handling of radioactive
material.
The party states intend that this agreement facilitate both
interstate commerce and protection of public health and the
environment. To accomplish this goal, the party states direct
the committee to develop model regulatory standards for
party states to act upon and direct the committee to coordinate decisions by party states relating to the routing and
inspection of shipments of radioactive material.
ARTICLE II—Definitions
As used in this agreement:
(1) "Carrier" includes common, private, and contract
carriers.
(2) "Hazardous material" means a substance or material
which has been determined by the United States department
of transportation to be capable of posing an unreasonable
risk to health, safety, and property when transported in commerce, and which has been so designated.
(3) "Radioactive material" has the meaning given that
term in federal department of transportation regulations
found in 49 C.F.R. Sec. 173, and includes, but is not limited
to, high-level radioactive waste, low-level radioactive waste,
and spent nuclear fuel, as defined in section 2 of the nuclear
waste policy act of 1982 (96 Stat. 2202; 42 U.S.C.A. Sec.
10101).
(4) "Transportation" means the transport by any means
of radioactive material destined for or derived from any
location, and any loading, unloading, or storage incident to
such transport. "Transportation" does not include permanent
storage or disposal of the material.
ARTICLE III—Regulatory Practices
Section 1. The party states agree to develop model
standards, not in conflict with federal law or regulations, for
carriers of radioactive material to provide information
regarding:
(1) The amount and kind of material transported;
(2) The mode of transportation and, to the extent
feasible, the route or routes and the time schedule;
(2002 Ed.)
Pacific States Agreement on Radioactive Material Transportation Management
(3) The carrier’s compliance with local, state, and
federal rules and regulations related to radioactive material
transportation;
(4) The carrier’s compliance with federal and state
liability insurance requirements.
Section 2. Consistent with federal law or regulations
pertaining to transportation of radioactive material, the party
states also agree to:
(1) Develop model uniform procedures for issuing
permits to carriers;
(2) Develop model uniform record-keeping processes
that allow access on demand by each state;
(3) Develop model uniform safety standards for carriers;
(4) Coordinate routing of shipments of radioactive
materials;
(5) Develop a method for coordinating the party states’
emergency response plans to provide for regional emergency
response including (a) systems for sharing information
essential to radiation control efforts, (b) systems for sharing
emergency response personnel, and (c) a method to allocate
costs and clarify liability when a party state or its officers
request or render emergency response;
(6) Recommend parking requirements for motor vehicles
transporting radioactive materials;
(7) Coordinate state inspections of carriers; and
(8) Develop other cooperative arrangements and
agreements to enhance safety.
Section 3. The party states also agree to coordinate
emergency response training and preparedness drills among
the party states, Indian tribes, and affected political subdivisions of the party states, and, if possible, with federal
agencies.
Section 4. The party states recognize that the transportation management of hazardous waste and hazardous
materials is similar in many respects to that of radioactive
materials. The party states, therefore, agree to confer as to
transportation management and emergency response for those
items where similarities in management exist.
ARTICLE IV—Pacific States Radioactive Materials
Transportation Committee
Section 1. Each party state shall designate one official
of that state to confer with appropriate legislative committees
and with other officials of that state responsible for managing transportation of radioactive material and with affected
Indian tribes and be responsible for administration of this
agreement. The officials so designated shall together
comprise the Pacific states radioactive materials transportation committee. The committee shall meet as required to
consider and, where necessary, coordinate matters addressed
in this agreement. The parties shall inform the committee of
existing regulations concerning radioactive materials transportation management in their states, and shall afford all
parties a reasonable opportunity to review and comment
upon any proposed modifications in such regulations.
Section 2. The committee may also engage in long-term
planning to assure safe and economical management of
radioactive material transportation on a continuing basis.
Section 3. To the extent practicable, the committee
shall coordinate its activities with those of other organizations.
(2002 Ed.)
43.146.010
ARTICLE V—Eligible Parties and Effective Date
Section 1. The states of Arizona, California, Colorado,
Idaho, Montana, New Mexico, Nevada, Oregon, Utah,
Washington, and Wyoming are eligible to become a party to
this agreement. As to any eligible party, this agreement
shall become effective upon enactment into law by that
party, but it shall not become initially effective until enacted
into law by two states. Any party state may withdraw from
this agreement by enacting a statute repealing its approval.
Section 2. After the agreement has initially taken effect
under section 1 of this article, any eligible party state may
become a party to this agreement by the execution of an
executive order by the governor of the state. Any state
which becomes a party in this manner shall cease to be a
party upon the final adjournment of the next general or
regular session of its legislature or July 1, 1988, whichever
occurs first, unless the agreement has by then been enacted
as a statute by that state.
ARTICLE VI—Severability
If any provision of this agreement, or its application to
any person or circumstance, is held to be invalid, all other
provisions of this agreement, and the application of all of its
provisions to all other persons and circumstances, shall
remain valid; and to this end the provisions of this agreement are severable. [1987 c 90 § 1.]
43.146.900 Legislative directive—State designee. (1)
Section 1 of this act shall constitute a new chapter in Title
43 RCW.
(2) The Washington state designee to the committee
shall be appointed by the governor. [1987 c 90 § 2.]
Chapter 43.147
PACIFIC NORTHWEST ECONOMIC
REGION AGREEMENT
Sections
43.147.010
43.147.020
43.147.030
43.147.040
43.147.050
43.147.060
43.147.070
43.147.080
Terms of agreement.
Finding.
Cooperative activities encouraged.
Interlibrary sharing—Finding.
Interlibrary sharing—Definition—Member libraries.
PNWER-Net working subgroup—Generally.
PNWER-Net working subgroup—Duties.
PNWER-Net working subgroup—Gifts, grants, donations.
43.147.010 Terms of agreement. The Pacific
Northwest Economic Region is hereby enacted into law and
entered into by the state of Washington as a party, and is in
full force and effect in accordance with the terms of this
agreement.
THE PACIFIC NORTHWEST ECONOMIC REGION
ARTICLE I—Policy and Purpose
States and provinces participating in the Pacific Northwest Economic Region shall seek to develop and establish
policies that: Promote greater regional collaboration among
the seven entities; enhance the overall competitiveness of the
region in international and domestic markets; increase the
[Title 43 RCW—page 505]
43.147.010
Title 43 RCW: State Government—Executive
economic well-being of all citizens in the region; and
improve the quality of life of the citizens of the Pacific
Northwest.
States and provinces recognize that there are many
public policy areas in which cooperation and joint efforts
would be mutually beneficial. These areas include, but are
not limited to: International trade; economic development;
human resources; the environment and natural resources;
energy; and education. Parties to this agreement shall work
diligently to establish collaborative activity in these and other
appropriate policy areas where such cooperation is deemed
worthwhile and of benefit to the participating entities. Participating states and provinces also agree that there are areas
in which cooperation may not be feasible.
The substantive actions of the Pacific Northwest
Economic Region may take the form of uniform legislation
enacted by two or more states and/or provinces or policy
initiatives endorsed as appropriate by participating entities.
It shall not be necessary for all states and provinces to
participate in each initiative.
ARTICLE IV—Duties and Responsibilities
Each of the following states and provinces is eligible to
become a party to this agreement: Alaska, Alberta, British
Columbia, Idaho, Montana, Oregon, and Washington. This
agreement establishing the Pacific Northwest Economic
Region shall become effective when it is executed by one
state, one province, and one additional state and/or province
in a form deemed appropriate by each entity. This agreement shall continue in force and remain binding upon each
state and province until renounced by it. Renunciation of
this agreement must be preceded by sending one year’s
notice in writing of intention to withdraw from the agreement to the other parties to the agreement.
The delegate council shall have the following duties and
responsibilities: Facilitate the involvement of other government officials in the development and implementation of
specific collaborative initiatives; work with policy-making
committees in the development and implementation of specific initiatives; approve general organizational policies
developed by the executive committee; provide final approval of the annual budget and staffing structure for the Pacific
Northwest Economic Region developed by the executive
committee; and other duties and responsibilities as may be
established in the rules and regulations of the Pacific
Northwest Economic Region. The executive committee shall
perform the following duties and responsibilities: Elect the
president and vice-president of the Pacific Northwest
Economic Region; approve and implement general organizational policies; develop the annual budget; devise the
annual action plan; act as liaison with other public and
private sector entities; review the availability of, and if
appropriate apply for, (1) tax exempt status under the laws
and regulations of the United States or any state or subdivision thereof and (2) similar status under the laws and
regulations of Canada or any province or subdivision thereof,
and approve such rules, regulations, organizational policies,
and staffing structure for the Pacific Northwest Economic
Region and take such further actions on behalf of the Pacific
Northwest Economic Region as may be deemed by the
executive committee to be necessary or appropriate to
qualify for and maintain such tax exempt or similar status
under the applicable laws or regulations; and other duties
and responsibilities established in the rules and regulations
of the Pacific Northwest Economic Region. The rules and
regulations of the Pacific Northwest Economic Region shall
establish the procedure for voting.
ARTICLE III—Organizational Structure
ARTICLE V—Membership of Policy Committees
Each state and province participating in this agreement
shall appoint representatives to the Pacific Northwest
Economic Region. The organizational structure of the
Pacific Northwest Economic Region shall consist of the
following: A delegate council consisting of four legislators
and the governor or governor’s designee from each participating state and four representatives and the premier or
the premier’s designee from each participating province and
an executive committee consisting of one legislator from
each participating state and/or province who is a member of
the delegate council and four of the seven governors/
premiers or their designees who are members of the delegate
council. The legislator members of the executive committee
from each state or province shall be chosen by the legislator
members of that state or province. The four governor or
premier members of the executive committee shall be chosen
by the governors and premiers from among the governors
and premiers on the delegate council. At least one of four
members representing the governors and premiers on the
executive committee must be the premier of a Canadian
province. Policy committees may be established to carry out
further duties and responsibilities of the Pacific Northwest
Economic Region.
Policy committees dealing with specific subject matter
may be established by the executive committee.
Each participating state and province shall appoint
legislators and governors or premiers to sit on these committees in accordance with its own rules and regulations concerning such appointments.
ARTICLE II—Eligible Parties and Effective Date
[Title 43 RCW—page 506]
ARTICLE VI—General Provisions
This agreement shall not be construed to limit the
powers of any state or province or to amend or repeal or
prevent the enactment of any legislation. [1993 c 108 § 1;
1991 c 251 § 2.]
43.147.020 Finding. The legislature finds that there
is a new emerging global economy in which countries and
regions located in specific areas of the world are forging
new cooperative arrangements.
The legislature finds that these new cooperative arrangements are increasing the competitiveness of the participating
countries and regions, thus increasing the economic benefits
and the overall quality of life for the citizens of the individual countries and regions.
The legislature also finds that the Pacific Northwest
states of Alaska, Idaho, Montana, Oregon, and Washington
and the Canadian provinces of Alberta and British Columbia
(2002 Ed.)
Pacific Northwest Economic Region Agreement
are in a strategic position to act together, as a region, thus
increasing the overall competitiveness of the individual states
and provinces that will provide substantial economic benefits
for all of their citizens. [1991 c 251 § 1.]
43.147.030 Cooperative activities encouraged. It is
the intent of chapter 251, Laws of 1991 to direct and
encourage the establishment of cooperative activities between
the seven legislative bodies of the region. The state representatives to the Pacific Northwest Economic Region shall
work through appropriate channels to advance consideration
of proposals developed by this body. [1991 c 251 § 3.]
43.147.040 Interlibrary sharing—Finding. In
chapter 251, Laws of 1991, the legislature enacted into law
the Pacific Northwest economic region agreement and made
the state of Washington a party along with member states
Alaska, Idaho, Montana, and Oregon, and member Canadian
provinces Alberta and British Columbia. The legislature
recognized that the member states and provinces of the
Pacific Northwest economic region are in a strategic position
to act together, as a region, thus increasing the overall
competitiveness of the members and providing substantial
economic benefits for all of their citizens.
For those reasons, in chapter 251, Laws of 1991, the
legislature also encouraged the establishment of cooperative
activities between the seven legislative bodies of the Pacific
Northwest economic region. The member states and
provinces now desire to engage in such cooperation by
electronically sharing twenty-two million volumes from
certain of their respective universities. The member states
and provinces have determined that such interlibrary sharing
will provide substantial economic benefit for their citizens.
The legislature agrees, specifically also finding that such
interlibrary sharing furthers a major component of education
strategy in the 1990’s and twenty-first century, namely providing increased access to knowledge via technology. [1993
c 485 § 1.]
43.147.050 Interlibrary sharing—Definition—
Member libraries. Unless the context clearly requires
otherwise, as used in RCW 43.147.040 through 43.147.080
"PNWER-Net" means the technology network to be created
by the member states and provinces of the Pacific Northwest
economic region that will be capable of electronically linking
the following undergraduate university libraries of the
member states and provinces:
(1) Alaska:
(a) University of Alaska, Anchorage;
(b) University of Alaska, Juneau;
(2) Alberta:
(a) University of Alberta, Calgary;
(b) University of Alberta, Edmonton;
(3) British Columbia:
(a) University of British Columbia, Vancouver;
(b) University of Victoria, Victoria;
(4) Idaho:
(a) Boise State University, Boise;
(b) University of Idaho, Moscow;
(5) Montana:
(a) Montana State University, Bozeman;
(2002 Ed.)
43.147.020
(b) University of Montana, Missoula;
(6) Oregon:
(a) Oregon State University, Corvallis;
(b) University of Oregon, Eugene;
(7) Washington:
(a) University of Washington, Seattle; and
(b) Washington State University, Pullman. [1993 c 485
§ 2.]
43.147.060 PNWER-Net working subgroup—
Generally. (1) The PNWER-Net working subgroup is
hereby created for the member state of Washington. The
working subgroup shall be composed of seven members as
follows: Two members of the senate, one from each of the
major caucuses, appointed by the president of the senate; two
members of the house of representatives, appointed by the
speaker of the house of representatives; the state librarian;
and the primary undergraduate academic librarian from each
of the state’s two research institutions of higher education.
(2) The staff support shall be provided by the senate
committee services and, to the extent authorized by the chief
clerk of the house of representatives, by the house of
representatives office of program research as mutually agreed
by the legislators on the working group.
(3) Legislative members shall be reimbursed for
expenses in accordance with RCW 44.04.120.
Nonlegislative members shall be reimbursed for expenses in
accordance with RCW 43.03.050 and 43.03.060. [1993 c
485 § 3.]
43.147.070 PNWER-Net working subgroup—Duties.
The PNWER-Net working subgroup shall have the following
duties:
(1) To work with working subgroups from other
member states and provinces in an entity known as the
PNWER-Net working group to develop PNWER-Net; and
(2) To assist the PNWER-Net working group in developing criteria to ensure that designated member libraries use
existing telecommunications infrastructure including the
internet. [1998 c 245 § 49; 1993 c 485 § 4.]
43.147.080 PNWER-Net working subgroup—Gifts,
grants, donations. The PNWER-Net working group may
accept gifts, grants, and donations from private individuals
and entities made for the purposes of RCW 43.147.040
through 43.147.070. [1993 c 485 § 5.]
Chapter 43.150
CENTER FOR VOLUNTEERISM AND
CITIZEN SERVICE
Sections
43.150.010
43.150.020
43.150.030
43.150.040
Legislative findings.
Short title.
Definitions.
Center for volunteerism and citizen service authorized—
Coordinator—Staff.
43.150.050 Programs and activities authorized.
43.150.070 Receipt and expenditure of donations—Fees—Voluntary
action center fund created.
43.150.080 At-risk children—Collaborative program.
[Title 43 RCW—page 507]
43.150.010
Title 43 RCW: State Government—Executive
43.150.010 Legislative findings. (1) The legislature
finds that:
(a) Large numbers of Washington’s citizens are actively
engaged in carrying forward the ethic of service and voluntary activities that benefit their citizens, their communities,
and the entire state;
(b) This contribution continues to provide the equivalent
of hundreds of millions of dollars in services that might
otherwise create a need for additional tax collections;
(c) Many Washington citizens have yet to become fully
involved in the life of their communities; many societal
needs exist that could and should be met by new citizen
service initiatives;
(d) The state of Washington needs to continue to
encourage and expand the ethic of civic responsibility among
its citizenry, through individuals working on their own, and
through local and statewide organizations, both governmental
and private and nonprofit agencies;
(e) This ethic of citizen service benefits those who serve
and those who receive services; in both cases there is the
betterment of all Washington communities;
(f) Public and private agencies depend in large measure
on the efforts of volunteers for the accomplishment of their
missions and actively seek to increase these efforts;
(g) State agencies can and should extend their service
delivery programs through the increased use of and support
for volunteers;
(h) The national and community service act of 1990
provides an opportunity for Washington to support citizen
service and volunteer activities in Washington;
(i) Business, industry, communities, schools, and labor
in Washington state are increasingly interested in opportunities for community service and in developing the volunteer
and service ethic;
(j) While providing both tangible and intangible benefits, volunteers in turn need respect and support for their
efforts;
(k) The state itself, through the programs and services
of its agencies as well as through the provisions of law and
rule making, can and should provide a primary role and
focus for encouraging the ethic of citizen service and support
for volunteer efforts and programs;
(l) Planned and coordinated recognition, information,
training, and technical assistance for volunteer and citizen
service efforts through a statewide center for voluntary
action have been proven to be effective means of multiplying
the resources volunteers bring to the needs of their communities; and
(m) It is important that Washington state position itself
to raise volunteerism to the highest attainable levels, and
along with the private sector, become a voice in the role
citizen service will take in providing solutions to societal
needs.
(2) Therefore, the legislature, in recognition of these
findings, enacts the center for volunteerism and citizen
service act to ensure that the state of Washington actively
promotes the ethic of service and makes every appropriate
effort to encourage effective involvement of individuals in
their communities and of volunteers who supplement the services of private, nonprofit community agencies and organizations, agencies of local government throughout the state, and
[Title 43 RCW—page 508]
the state government. [1992 c 66 § 1; 1982 1st ex.s. c 11 §
1.]
43.150.020 Short title. This chapter may be known
and cited as the center for volunteerism and citizen service
act. [1992 c 66 § 2; 1982 1st ex.s. c 11 § 2.]
43.150.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Volunteer" means a person who is willing to work
without expectation of salary or financial reward and who
chooses where he or she provides services and the type of
services he or she provides.
(2) "Center" means the state center for volunteerism and
citizen service. [1995 c 269 § 2301; 1992 c 66 § 3; 1982
1st ex.s. c 11 § 3.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
43.150.040 Center for volunteerism and citizen
service authorized—Coordinator—Staff. The governor
may establish a statewide center for volunteerism and citizen
service within the department of community, trade, and
economic development and appoint an executive administrator, who may employ such staff as necessary to carry out the
purposes of this chapter. The provisions of chapter 41.06
RCW do not apply to the executive administrator and the
staff. [1995 c 399 § 84; 1992 c 66 § 4; 1985 c 6 § 11; 1982
1st ex.s. c 11 § 4.]
43.150.050 Programs and activities authorized. The
center, working in cooperation with individuals, local groups,
and organizations throughout the state, may undertake any
program or activity for which funds are available which
furthers the goals of this chapter. These programs and
activities may include, but are not limited to:
(1) Providing information about programs, activities, and
resources of value to volunteers and to organizations
operating or planning volunteer or citizen service programs;
(2) Sponsoring recognition events for outstanding
individuals and organizations;
(3) Facilitating the involvement of business, industry,
government, and labor in community service and betterment;
(4) Organizing, or assisting in the organization of,
training workshops and conferences;
(5) Publishing schedules of significant events, lists of
published materials, accounts of successful programs and
programming techniques, and other information concerning
the field of volunteerism and citizen service, and distributing
this information broadly;
(6) Reviewing the laws and rules of the state of Washington, and proposed changes therein, to determine their
impact on the success of volunteer activities and programs,
and recommending such changes as seem appropriate to
ensure the achievement of the goals of this chapter;
(7) Seeking funding sources for enhancing, promoting,
and supporting the ethic of service and facilitating or
providing information to those organizations and agencies
which may benefit;
(2002 Ed.)
Center for Volunteerism and Citizen Service
(8) Providing information about agencies and individuals
who are working to prevent the spread of the human
immunodeficiency virus, as defined in chapter 70.24 RCW,
and to agencies and individuals who are working to provide
health and social services to persons with acquired immunodeficiency syndrome, as defined in chapter 70.24 RCW.
[1992 c 66 § 5; 1988 c 206 § 301; 1982 1st ex.s. c 11 § 5.]
or omission arising from volunteer activities which comply
with safety standards issued by the center for volunteerism
and citizen service, other than acts or omissions constituting
gross negligence or willful or wanton misconduct. [1993 c
365 § 1.]
Chapter 43.155
PUBLIC WORKS PROJECTS
Severability—1988 c 206: See RCW 70.24.900.
43.150.070 Receipt and expenditure of donations—
Fees—Voluntary action center fund created. (1) The
center may receive such gifts, grants, and endowments from
private or public sources as may be made from time to time,
in trust or otherwise, for the use and benefit of the purpose
of the center and expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
The center may charge reasonable fees, or other appropriate
charges, for attendance at workshops and conferences, for
various publications and other materials which it is authorized to prepare and distribute for the purpose of defraying
all or part of the costs of those activities and materials.
(2) A fund known as the voluntary action center fund is
created, which consists of all gifts, grants, and endowments,
fees, and other revenues received pursuant to this chapter.
The state treasurer is the custodian of the fund. Disbursements from the fund shall be on authorization of the executive administrator of the center or the administrator’s
designee, and may be made for the following purposes to
enhance the capabilities of the center’s activities, such as:
(a) Reimbursement of center volunteers for travel expenses
as provided in RCW 43.03.050 and 43.03.060; (b) publication and distribution of materials involving volunteerism and
citizen service; (c) for other purposes designated in gifts,
grants, or endowments consistent with the purposes of this
chapter. The fund is subject to the allotment procedure
provided under chapter 43.88 RCW, but no appropriation is
required for disbursements. [1992 c 66 § 7; 1982 1st ex.s.
c 11 § 7.]
43.150.080 At-risk children—Collaborative program. A volunteer organization or individual volunteer may
assist a public agency, with the agency’s approval, in a
collaborative program designed to serve the needs of at-risk
children. The center, with the advice and counsel of the
attorney general, shall develop guidelines defining at-risk
children and establish reasonable safety standards to protect
the safety of program participants and volunteers, including
but not limited to background checks as appropriate as
provided in RCW 43.43.830 through 43.43.834. In carrying
out the volunteer activity, the individual volunteer or
member of the volunteer organization shall not be considered
to be an employee or agent of any public agency involved in
the collaborative program. The public agency shall have no
liability for any acts of the individual volunteer or volunteer
organization. Prior to participation, a volunteer and the
public agency administering the collaborative program shall
sign a written master agreement, approved in form by the
attorney general, that includes provisions defining the scope
of the volunteer activities and waiving any claims against
each other. A volunteer organization or individual volunteer
shall not be liable for civil damages resulting from any act
(2002 Ed.)
43.150.050
Sections
43.155.010
43.155.020
43.155.030
43.155.040
43.155.050
43.155.060
43.155.065
43.155.068
43.155.070
43.155.075
43.155.080
43.155.090
43.155.100
Legislative findings and policy.
Definitions.
Public works board created.
General powers of the board.
Public works assistance account.
Public works financing powers—Competitive bids on projects.
Emergency public works projects.
Loans for preconstruction activities.
Eligibility, priority, limitations, and exceptions.
Loans for public works projects—Statement of environmental benefits—Development of outcome-focused performance measures.
Records and audits.
Loan agreements.
Water conservation account.
43.155.010 Legislative findings and policy. The
legislature finds that there exists in the state of Washington
over four billion dollars worth of critical projects for the
planning, acquisition, construction, repair, replacement,
rehabilitation, or improvement of streets and roads, bridges,
water systems, and storm and sanitary sewage systems. The
December, 1983 Washington state public works report
prepared by the planning and community affairs agency
documented that local governments expect to be capable of
financing over two billion dollars worth of the costs of those
critical projects but will not be able to fund nearly half of
the documented needs.
The legislature further finds that Washington’s local
governments have unmet financial needs for solid waste
disposal, including recycling, and encourages the board to
make an equitable geographic distribution of the funds.
It is the policy of the state of Washington to encourage
self-reliance by local governments in meeting their public
works needs and to assist in the financing of critical public
works projects by making loans, financing guarantees, and
technical assistance available to local governments for these
projects. [1996 c 168 § 1; 1985 c 446 § 7.]
43.155.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Board" means the public works board created in
RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan
required by the growth management act under chapter
36.70A RCW or, for local governments not fully planning
under the growth management act, a plan required by the
public works board.
(3) "Department" means the department of community,
trade, and economic development.
[Title 43 RCW—page 509]
43.155.020
Title 43 RCW: State Government—Executive
(4) "Financing guarantees" means the pledge of money
in the public works assistance account, or money to be
received by the public works assistance account, to the
repayment of all or a portion of the principal of or interest
on obligations issued by local governments to finance public
works projects.
(5) "Local governments" means cities, towns, counties,
special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state excluding
school districts and port districts.
(6) "Public works project" means a project of a local
government for the planning, acquisition, construction,
repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, water systems, or
storm and sanitary sewage systems and solid waste facilities,
including recycling facilities. A planning project may
include the compilation of biological, hydrological, or other
data on a county, drainage basin, or region necessary to develop a base of information for a capital facility plan.
(7) "Solid waste or recycling project" means remedial
actions necessary to bring abandoned or closed landfills into
compliance with regulatory requirements and the repair,
restoration, and replacement of existing solid waste transfer,
recycling facilities, and landfill projects limited to the
opening of landfill cells that are in existing and permitted
landfills.
(8) "Technical assistance" means training and other
services provided to local governments to: (a) Help such
local governments plan, apply, and qualify for loans and
financing guarantees from the board, and (b) help local
governments improve their ability to plan for, finance,
acquire, construct, repair, replace, rehabilitate, and maintain
public facilities. [2001 c 131 § 1; 1996 c 168 § 2; 1995 c
399 § 85; 1985 c 446 § 8.]
(3) Staff support to the board shall be provided by the
department.
(4) Members of the board shall receive no compensation
but shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060.
(5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position
for the unexpired term. Each vacancy in a position appointed from lists provided by the associations under subsection
(2) of this section shall be filled from a list of at least three
persons nominated by the relevant association or associations. Any members of the board, appointive or otherwise,
may be removed by the governor for cause in accordance
with RCW 43.06.070 and 43.06.080. [1999 c 153 § 58;
1985 c 446 § 9.]
43.155.030 Public works board created. (1) The
public works board is hereby created.
(2) The board shall be composed of thirteen members
appointed by the governor for terms of four years, except
that five members initially shall be appointed for terms of
two years. The board shall include: (a) Three members,
two of whom shall be elected officials and one shall be a
public works manager, appointed from a list of at least six
persons nominated by the association of Washington cities
or its successor; (b) three members, two of whom shall be
elected officials and one shall be a public works manager,
appointed from a list of at least six persons nominated by the
Washington state association of counties or its successor; (c)
three members appointed from a list of at least six persons
nominated jointly by the Washington public utility districts
association and a state association of water-sewer districts,
or their successors; and (d) four members appointed from the
general public. In appointing the four general public
members, the governor shall endeavor to balance the
geographical composition of the board and to include
members with special expertise in relevant fields such as
public finance, architecture and civil engineering, and public
works construction. The governor shall appoint one of the
general public members of the board as chair. The term of
the chair shall coincide with the term of the governor.
43.155.050 Public works assistance account. The
public works assistance account is hereby established in the
state treasury. Money may be placed in the public works
assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source.
Money in the public works assistance account shall be used
to make loans and to give financial guarantees to local
governments for public works projects. Moneys in the
account may also be appropriated to provide for state match
requirements under federal law for projects and activities
conducted and financed by the board under the drinking
water assistance account. Not more than fifteen percent of
the biennial capital budget appropriation to the public works
board from this account may be expended or obligated for
preconstruction loans, emergency loans, or loans for capital
facility planning under this chapter; of this amount, not more
than ten percent of the biennial capital budget appropriation
may be expended for emergency loans and not more than
one percent of the biennial capital budget appropriation may
be expended for capital facility planning loans. [2001 c 131
§ 2. Prior: 1995 2nd sp.s. c 18 § 918; 1995 c 376 § 11;
1993 sp.s. c 24 § 921; 1985 c 471 § 8.]
[Title 43 RCW—page 510]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
43.155.040 General powers of the board. The board
may:
(1) Accept from any state or federal agency, loans or
grants for the planning or financing of any public works
project and enter into agreements with any such agency
concerning the loans or grants;
(2) Provide technical assistance to local governments;
(3) Accept any gifts, grants, or loans of funds, property,
or financial or other aid in any form from any other source
on any terms and conditions which are not in conflict with
this chapter;
(4) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter;
(5) Do all acts and things necessary or convenient to
carry out the powers expressly granted or implied under this
chapter. [1985 c 446 § 10.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes
following RCW 19.118.110.
Findings—1995 c 376: See note following RCW 70.116.060.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
(2002 Ed.)
Public Works Projects
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
43.155.060 Public works financing powers—
Competitive bids on projects. In order to aid the financing
of public works projects, the board may:
(1) Make low-interest or interest-free loans to local
governments from the public works assistance account or
other funds and accounts for the purpose of assisting local
governments in financing public works projects. The board
may require such terms and conditions and may charge such
rates of interest on its loans as it deems necessary or
convenient to carry out the purposes of this chapter. Money
received from local governments in repayment of loans made
under this section shall be paid into the public works
assistance account for uses consistent with this chapter.
(2) Pledge money in the public works assistance
account, or money to be received by the public works
assistance account, to the repayment of all or a portion of
the principal of or interest on obligations issued by local
governments to finance public works projects. The board
shall not pledge any amount greater than the sum of money
in the public works assistance account plus money to be
received from the payment of the debt service on loans made
from that account, nor shall the board pledge the faith and
credit or the taxing power of the state or any agency or
subdivision thereof to the repayment of obligations issued by
any local government.
(3) Create such subaccounts in the public works
assistance account as the board deems necessary to carry out
the purposes of this chapter.
(4) Provide a method for the allocation of loans and
financing guarantees and the provision of technical assistance
under this chapter.
All local public works projects aided in whole or in part
under the provisions of this chapter shall be put out for
competitive bids, except for emergency public works under
RCW 43.155.065 for which the recipient jurisdiction shall
comply with this requirement to the extent feasible and
practicable. The competitive bids called for shall be
administered in the same manner as all other public works
projects put out for competitive bidding by the local governmental entity aided under this chapter. [1988 c 93 § 2; 1985
c 446 § 11.]
43.155.065 Emergency public works projects. The
board may make low-interest or interest-free loans to local
governments for emergency public works projects. Emergency public works projects shall include the construction,
repair, reconstruction, replacement, rehabilitation, or improvement of a public water system that is in violation of
health and safety standards and is being operated by a local
government on a temporary basis. The loans may be used
to help fund all or part of an emergency public works project
less any reimbursement from any of the following sources:
(1) Federal disaster or emergency funds, including funds
from the federal emergency management agency; (2) state
disaster or emergency funds; (3) insurance settlements; or (4)
litigation. [2001 c 131 § 3; 1990 c 133 § 7; 1988 c 93 § 1.]
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
(2002 Ed.)
43.155.050
43.155.068 Loans for preconstruction activities. (1)
The board may make low-interest or interest-free loans to
local governments for preconstruction activities on public
works projects before the legislature approves the construction phase of the project. Preconstruction activities include
design, engineering, bid-document preparation, environmental
studies, right of way acquisition, and other preliminary
phases of public works projects as determined by the board.
The purpose of the loans authorized in this section is to
accelerate the completion of public works projects by
allowing preconstruction activities to be performed before
the approval of the construction phase of the project by the
legislature.
(2) Projects receiving loans for preconstruction activities
under this section must be evaluated using the priority
process and factors in *RCW 43.155.070(2). The receipt of
a loan for preconstruction activities does not ensure the
receipt of a construction loan for the project under this
chapter. Construction loans for projects receiving a loan for
preconstruction activities under this section are subject to
legislative approval under *RCW 43.155.070 (4) and (5).
The board shall adopt a single application process for local
governments seeking both a loan for preconstruction activities under this section and a construction loan for the project.
[2001 c 131 § 4; 1995 c 363 § 2.]
*Reviser’s note: RCW 43.155.070 was amended by 1999 c 164 §
602, changing subsections (2), (4), and (5) to subsections (4), (6), and (7),
respectively.
Finding—Purpose—1995 c 363: "The legislature finds that there
continues to exist a great need for capital projects to plan, acquire, design,
construct, and repair local government streets, roads, bridges, water systems,
and storm and sanitary sewage systems. It is the purpose of this act to
accelerate the construction of these projects under the public works
assistance program." [1995 c 363 § 1.]
43.155.070 Eligibility, priority, limitations, and
exceptions. (1) To qualify for loans or pledges under this
chapter the board must determine that a local government
meets all of the following conditions:
(a) The city or county must be imposing a tax under
chapter 82.46 RCW at a rate of at least one-quarter of one
percent;
(b) The local government must have developed a capital
facility plan; and
(c) The local government must be using all local
revenue sources which are reasonably available for funding
public works, taking into consideration local employment
and economic factors.
(2) Except where necessary to address a public health
need or substantial environmental degradation, a county, city,
or town planning under RCW 36.70A.040 must have adopted
a comprehensive plan, including a capital facilities plan
element, and development regulations as required by RCW
36.70A.040. This subsection does not require any county,
city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before
requesting or receiving a loan or loan guarantee under this
chapter if such request is made before the expiration of the
time periods specified in RCW 36.70A.040. A county, city,
or town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations
[Title 43 RCW—page 511]
43.155.070
Title 43 RCW: State Government—Executive
within the time periods specified in RCW 36.70A.040 is not
prohibited from receiving a loan or loan guarantee under this
chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before
submitting a request for a loan or loan guarantee.
(3) In considering awarding loans for public facilities to
special districts requesting funding for a proposed facility
located in a county, city, or town planning under RCW
36.70A.040, the board shall consider whether the county,
city, or town planning under RCW 36.70A.040 in whose
planning jurisdiction the proposed facility is located has
adopted a comprehensive plan and development regulations
as required by RCW 36.70A.040.
(4) The board shall develop a priority process for public
works projects as provided in this section. The intent of the
priority process is to maximize the value of public works
projects accomplished with assistance under this chapter.
The board shall attempt to assure a geographical balance in
assigning priorities to projects. The board shall consider at
least the following factors in assigning a priority to a project:
(a) Whether the local government receiving assistance
has experienced severe fiscal distress resulting from natural
disaster or emergency public works needs;
(b) Whether the project is critical in nature and would
affect the health and safety of a great number of citizens;
(c) The cost of the project compared to the size of the
local government and amount of loan money available;
(d) The number of communities served by or funding
the project;
(e) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(f) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a
public water system that is in violation of health and safety
standards, including the cost of extending existing service to
such a system;
(g) The relative benefit of the project to the community,
considering the present level of economic activity in the
community and the existing local capacity to increase local
economic activity in communities that have low economic
growth; and
(h) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local
governments shall not be refinanced under this chapter.
Each local government applicant shall provide documentation
of attempts to secure additional local or other sources of
funding for each public works project for which financial
assistance is sought under this chapter.
(6) Before November 1 of each year, the board shall
develop and submit to the appropriate fiscal committees of
the senate and house of representatives a description of the
loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section during the preceding fiscal year and
a prioritized list of projects which are recommended for
funding by the legislature, including one copy to the staff of
each of the committees. The list shall include, but not be
limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial
guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction’s critical need
for the project and documentation of local funds being used
[Title 43 RCW—page 512]
to finance the public works project. The list shall also
include measures of fiscal capacity for each jurisdiction
recommended for financial assistance, compared to authorized limits and state averages, including local government
sales taxes; real estate excise taxes; property taxes; and
charges for or taxes on sewerage, water, garbage, and other
utilities.
(7) The board shall not sign contracts or otherwise
financially obligate funds from the public works assistance
account before the legislature has appropriated funds for a
specific list of public works projects. The legislature may
remove projects from the list recommended by the board.
The legislature shall not change the order of the priorities
recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans
made under RCW 43.155.065, 43.155.068, and subsection
(9) of this section.
(9) Loans made for the purpose of capital facilities plans
shall be exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or
recycling facilities under this chapter, a city or county must
demonstrate that the solid waste or recycling facility is
consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or
county under chapter 70.95 RCW. [2001 c 131 § 5; 1999 c
164 § 602; 1997 c 429 § 29; 1996 c 168 § 3; 1995 c 363 §
3; 1993 c 39 § 1; 1991 sp.s. c 32 § 23; 1990 1st ex.s. c 17
§ 82; 1990 c 133 § 6; 1988 c 93 § 3; 1987 c 505 § 40; 1985
c 446 § 12.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note
following RCW 82.60.020.
Effective date—1997 c 429 §§ 29, 30: "Sections 29 and 30 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately [May 19, 1997]." [1997 c 429 §
55.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Purpose—1995 c 363: See note following RCW
43.155.068.
Effective date—1993 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 39 § 2.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
43.155.075 Loans for public works projects—
Statement of environmental benefits—Development of
outcome-focused performance measures. In providing
loans for public works projects, the board shall require
recipients to incorporate the environmental benefits of the
project into their applications, and the board shall utilize the
statement of environmental benefits in its prioritization and
selection process. The board shall also develop appropriate
outcome-focused performance measures to be used both for
management and performance assessment of the loan
(2002 Ed.)
Public Works Projects
program. To the extent possible, the department should
coordinate its performance measure system with other natural
resource-related agencies as defined in RCW 43.41.270. The
board shall consult with affected interest groups in implementing this section. [2001 c 227 § 10.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
43.155.080 Records and audits. The board shall
keep proper records of accounts and shall be subject to audit
by the state auditor. [1987 c 505 § 41; 1985 c 446 § 13.]
43.155.090 Loan agreements. Loans from the public
works assistance account under this chapter shall be made by
loan agreement under chapter 39.69 RCW. [1987 c 19 § 6.]
43.155.100 Water conservation account. The water
conservation account is created in the custody of the state
treasurer. All receipts from federal funding dedicated to
water conservation under 16 U.S.C. Sec. 3831 shall be
deposited in the account. In addition, the legislature may
appropriate money to the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures. Expenditures
from the account shall be used for the development and support of water conservation as defined by 16 U.S.C. Sec.
3831. Only the public works board or its designee may
make expenditures from the account. [2002 c 329 § 11.]
Effective date—2002 c 329 § 11: "Section 11 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [April 3, 2002]." [2002 c 329 § 12.]
Chapter 43.157
INDUSTRIAL PROJECTS OF
STATEWIDE SIGNIFICANCE
Sections
43.157.005 Declaration.
43.157.010 Definitions.
43.157.020 Expediting completion of industrial projects of statewide
significance—Planning requirements.
43.157.030 Ombudsmen.
43.157.005 Declaration. The legislature declares that
certain industrial investments merit special designation and
treatment by governmental bodies when they are proposed.
Such investments bolster the economies of their locale and
impact the economy of the state as a whole. It is the
intention of the legislature to recognize industrial projects of
statewide significance and to encourage local governments
and state agencies to expedite their completion. [1997 c 369
§ 1.]
43.157.010 Definitions. (1) For purposes of this
chapter and RCW 28A.525.166, 28B.80.330, 28C.18.080,
43.21A.350, 47.06.030, and 90.58.100 and [an] industrial
project of statewide significance is a border crossing project
that involves both private and public investments carried out
in conjunction with adjacent states or provinces or a private
industrial development with private capital investment in
manufacturing or research and development. To qualify as
(2002 Ed.)
43.155.075
an industrial project of statewide significance, the project
must be completed after January 1, 1997, and have:
(a) In counties with a population of less than or equal
to twenty thousand, a capital investment of twenty million
dollars;
(b) In counties with a population of greater than twenty
thousand but no more than fifty thousand, a capital investment of fifty million dollars;
(c) In counties with a population of greater than fifty
thousand but no more than one hundred thousand, a capital
investment of one hundred million dollars;
(d) In counties with a population of greater than one
hundred thousand but no more than two hundred thousand,
a capital investment of two hundred million dollars;
(e) In counties with a population of greater than two
hundred thousand but no more than four hundred thousand,
a capital investment of four hundred million dollars;
(f) In counties with a population of greater than four
hundred thousand but no more than one million, a capital
investment of six hundred million dollars;
(g) In counties with a population of greater than one
million, a capital investment of one billion dollars; or
(h) Been designated by the director of community, trade,
and economic development as an industrial project of
statewide significance either: (i) Because the county in
which the project is to be located is a distressed county and
the economic circumstances of the county merit the additional assistance such designation will bring; or (ii) because the
impact on a region due to the size and complexity of the
project merits such designation.
(2) The term manufacturing shall have the meaning
assigned it in RCW 82.61.010.
(3) The term research and development shall have the
meaning assigned it in RCW 82.61.010. [1997 c 369 § 2.]
43.157.020 Expediting completion of industrial
projects of statewide significance—Planning requirements. Counties and cities planning under the planning enabling act, chapter 36.70 RCW, or the requirements of the
growth management act, chapter 36.70A RCW, shall include
a process, to be followed at their discretion for any specific
project, for expediting the completion of industrial projects
of statewide significance. [1997 c 369 § 3.]
43.157.030 Ombudsmen. The department of community, trade, and economic development shall assign an
ombudsman to each industrial project of statewide significance. The ombudsman shall be responsible for assembling
a team of state and local government and private officials to
help meet the planning and development needs of each
project. The ombudsman shall strive to include in the teams
those responsible for planning, permitting and licensing,
infrastructure development, work force development services
including higher education, transportation services, and the
provision of utilities. The ombudsman shall encourage each
team member to expedite their actions in furtherance of the
project. [1997 c 369 § 4.]
[Title 43 RCW—page 513]
Chapter 43.160
Title 43 RCW: State Government—Executive
Legislative declaration (as amended by 1999 c 94).
Legislative declaration (as amended by 1999 c 164).
Definitions.
Community economic revitalization board—Members—
Terms—Chair, vice-chair—Management services—
Travel expenses—Vacancies—Removal.
43.160.035 Designees for board members.
43.160.040 Conflicts of interest—Code of ethics.
43.160.050 Powers of board.
43.160.060 Loans and grants to political subdivisions and federally
recognized Indian tribes for public facilities authorized—Application—Requirements for financial assistance.
43.160.070 Conditions.
43.160.074 Application—Request for improvements to existing highways—Procedures.
43.160.076 Financial assistance in rural counties or natural resources
impact areas.
43.160.077 Applications—Processing of recyclable materials—
Department of ecology notice.
43.160.078 Board to familiarize government officials and public with
chapter provisions.
43.160.080 Public facilities construction loan revolving account.
43.160.085 Annual transfer of funds from public works assistance account to public facilities construction loan revolving
account.
43.160.090 Records—Audits.
43.160.100 Status of board.
43.160.115 Cooperation with Washington state development loan fund
committee required—Transfer of funds.
43.160.120 Commingling of funds prohibited.
43.160.130 Personal liability.
43.160.140 Accounts.
43.160.150 Faith and credit not pledged.
43.160.160 Security.
43.160.170 Special reserve account.
43.160.180 Private activity bond subcommittee.
43.160.200 Economic development account—Eligibility for assistance.
43.160.210 Distressed counties—Twenty percent of financial assistance.
43.160.220 Distressed county public facilities construction loan account.
43.160.900 Community economic revitalization board—Implementation
of chapter—Report to legislature.
43.160.901 Severability—1982 1st ex.s. c 40.
43.160.902 Captions not part of law—1984 c 257.
Public disclosure: RCW 42.17.310.
(b) Encouraging the diversification of the economies of the state and
regions within the state in order to provide greater seasonal and cyclical
stability of income and employment;
(c) Encouraging wider access to financial resources for both large and
small industrial development projects;
(d) Encouraging new economic development or expansions to
maximize employment;
(e) Encouraging the retention of viable existing firms and employment;
and
(f) Providing incentives for expansion of employment opportunities for
groups of state residents that have been less successful relative to other
groups in efforts to gain permanent employment.
(2) The legislature also finds that the state’s economic development
efforts can be enhanced by, in certain instances, providing funds to improve
state highways in the vicinity of new industries considering locating in this
state or existing industries that are considering significant expansion.
(a) The legislature finds it desirable to provide a process whereby the
need for diverse public works improvements necessitated by planned
economic development can be addressed in a timely fashion and with
coordination among all responsible governmental entities.
(b) ((It is the intent of the legislature to create an economic development account within the motor vehicle fund from which expenditures can
be made by the department of transportation for state highway improvements necessitated by planned economic development. All such))
Transportation improvements ((must first be)) on state highways that have
been approved by the ((state transportation commission and the)) community
economic revitalization board must be approved by the transportation
commission in accordance with the procedures established by RCW
43.160.074 and 47.01.280 to receive funding. ((It is further the intent of the
legislature that such improvements not jeopardize any other planned
highway construction projects. The improvements are intended to be of
limited size and cost, and to include such items as additional turn lanes,
signalization, illumination, and safety improvements.))
(3) The legislature also finds that the state’s economic development
efforts can be enhanced by providing funds to improve markets for those
recyclable materials representing a large fraction of the waste stream. The
legislature finds that public facilities which result in private construction of
processing or remanufacturing facilities for recyclable materials are eligible
for consideration from the board.
(4) The legislature finds that sharing economic growth statewide is
important to the welfare of the state. Rural natural resource impact areas
do not share in the economic vitality of the Puget Sound region. Infrastructure is one of several ingredients that are critical for economic development.
Rural natural resource impact areas generally lack the infrastructure
necessary to diversify and revitalize their economies. It is, therefore, the
intent of the legislature to increase the availability of funds to help provide
infrastructure to rural natural resource impact areas. [1999 c 94 § 5; 1996
c 51 § 1; 1991 c 314 § 21; 1989 c 431 § 61; 1987 c 422 § 1; 1984 c 257
§ 1; 1982 1st ex.s. c 40 § 1.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
43.160.010 Legislative declaration (as amended by 1999 c 94). (1)
The legislature finds that it is the public policy of the state of Washington
to direct financial resources toward the fostering of economic development
through the stimulation of investment and job opportunities and the
retention of sustainable existing employment for the general welfare of the
inhabitants of the state. Reducing unemployment and reducing the time
citizens remain jobless is important for the economic welfare of the state.
A valuable means of fostering economic development is the construction of
public facilities which contribute to the stability and growth of the state’s
economic base. Strengthening the economic base through issuance of
industrial development bonds, whether single or umbrella, further serves to
reduce unemployment. Consolidating issues of industrial development
bonds when feasible to reduce costs additionally advances the state’s
purpose to improve economic vitality. Expenditures made for these
purposes as authorized in this chapter are declared to be in the public
interest, and constitute a proper use of public funds. A community
economic revitalization board is needed which shall aid the development of
economic opportunities. The general objectives of the board should include:
(a) Strengthening the economies of areas of the state which have
experienced or are expected to experience chronically high unemployment
rates or below average growth in their economies;
43.160.010 Legislative declaration (as amended by 1999 c 164).
(1) The legislature finds that it is the public policy of the state of Washington to direct financial resources toward the fostering of economic development through the stimulation of investment and job opportunities and the
retention of sustainable existing employment for the general welfare of the
inhabitants of the state. Reducing unemployment and reducing the time
citizens remain jobless is important for the economic welfare of the state.
A valuable means of fostering economic development is the construction of
public facilities which contribute to the stability and growth of the state’s
economic base. Strengthening the economic base through issuance of
industrial development bonds, whether single or umbrella, further serves to
reduce unemployment. Consolidating issues of industrial development
bonds when feasible to reduce costs additionally advances the state’s
purpose to improve economic vitality. Expenditures made for these
purposes as authorized in this chapter are declared to be in the public
interest, and constitute a proper use of public funds. A community
economic revitalization board is needed which shall aid the development of
economic opportunities. The general objectives of the board should include:
(a) Strengthening the economies of areas of the state which have
experienced or are expected to experience chronically high unemployment
rates or below average growth in their economies;
Chapter 43.160
ECONOMIC DEVELOPMENT—PUBLIC
FACILITIES LOANS AND GRANTS
Sections
43.160.010
43.160.010
43.160.020
43.160.030
[Title 43 RCW—page 514]
(2002 Ed.)
Economic Development—Public Facilities Loans and Grants
(b) Encouraging the diversification of the economies of the state and
regions within the state in order to provide greater seasonal and cyclical
stability of income and employment;
(c) Encouraging wider access to financial resources for both large and
small industrial development projects;
(d) Encouraging new economic development or expansions to
maximize employment;
(e) Encouraging the retention of viable existing firms and employment;
and
(f) Providing incentives for expansion of employment opportunities for
groups of state residents that have been less successful relative to other
groups in efforts to gain permanent employment.
(2) The legislature also finds that the state’s economic development
efforts can be enhanced by, in certain instances, providing funds to improve
state highways ((in the vicinity of new)), county roads, or city streets for
industries considering locating or expanding in this state ((or existing
industries that are considering significant expansion)).
(a) The legislature finds it desirable to provide a process whereby the
need for diverse public works improvements necessitated by planned
economic development can be addressed in a timely fashion and with
coordination among all responsible governmental entities.
(b) ((It is the intent of the legislature to create an economic development account within the motor vehicle fund from which expenditures can
be made by the department of transportation for state highway improvements necessitated by planned economic development.)) All ((such))
transportation improvements on state highways must first be approved by
the state transportation commission and the community economic revitalization board in accordance with the procedures established by RCW
43.160.074 and 47.01.280. ((It is further the intent of the legislature that
such improvements not jeopardize any other planned highway construction
projects. The improvements are intended to be of limited size and cost, and
to include such items as additional turn lanes, signalization, illumination,
and safety improvements.))
(3) The legislature also finds that the state’s economic development
efforts can be enhanced by, in certain instances, providing funds to assist
development of telecommunications infrastructure that supports business
development, retention, and expansion in rural natural resources impact
areas and rural counties of the state.
(4) The legislature also finds that the state’s economic development
efforts can be enhanced by providing funds to improve markets for those
recyclable materials representing a large fraction of the waste stream. The
legislature finds that public facilities which result in private construction of
processing or remanufacturing facilities for recyclable materials are eligible
for consideration from the board.
(((4))) (5) The legislature finds that sharing economic growth
statewide is important to the welfare of the state. Rural counties and rural
natural resources impact areas do not share in the economic vitality of the
Puget Sound region. The ability of these communities to pursue business
and job retention, expansion, and development opportunities depends on
their capacity to ready necessary economic development project plans, sites,
permits, and infrastructure for private investments. Project-specific
planning, predevelopment, and infrastructure ((is one of several)) are critical
ingredients ((that are critical)) for economic development. Rural counties
and rural natural resources impact areas generally lack ((the infrastructure))
these necessary tools and resources to diversify and revitalize their
economies. It is, therefore, the intent of the legislature to increase the
((availability of funds to help provide infrastructure to rural natural resource
impact areas)) amount of funding available through the community
economic revitalization board for rural counties and rural natural resources
impact areas, and to authorize flexibility for available resources in these
areas to help fund planning, predevelopment, and construction costs of
infrastructure and facilities and sites that foster economic vitality and
diversification. [1999 c 164 § 101; 1996 c 51 § 1; 1991 c 314 § 21; 1989
c 431 § 61; 1987 c 422 § 1; 1984 c 257 § 1; 1982 1st ex.s. c 40 § 1.]
Reviser’s note: RCW 43.160.010 was amended twice during the
1999 legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Findings—Intent—1999 c 164: "The legislature finds that while
Washington’s economy is currently prospering, economic growth continues
to be uneven, particularly as between metropolitan and rural areas. This has
created in effect two Washingtons. One afflicted by inadequate infrastructure to support and attract investment, another suffering from congestion and
soaring housing prices. In order to address these problems, the legislature
(2002 Ed.)
43.160.010
intends to use resources strategically to build on our state’s strengths while
addressing threats to our prosperity." [1999 c 164 § 1.]
Part headings and subheadings not law—1999 c 164: "Part
headings and subheadings used in this act are not any part of the law."
[1999 c 164 § 801.]
Effective date—1999 c 164: "This act takes effect August 1, 1999."
[1999 c 164 § 802.]
Severability—1999 c 164: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 164 § 804.]
Severability—1996 c 51: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 51 § 11.]
Effective dates—1996 c 51: "(1) Sections 1 through 9 and 11 of this
act shall take effect July 1, 1996.
(2) Section 10 of this act shall take effect June 30, 1997." [1996 c 51
§ 12.]
Findings—1991 c 314: See note following RCW 43.160.020.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.160.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Bond" means any bond, note, debenture, interim
certificate, or other evidence of financial indebtedness issued
by the board pursuant to this chapter.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Financial institution" means any bank, savings and
loan association, credit union, development credit corporation, insurance company, investment company, trust company, savings institution, or other financial institution approved
by the board and maintaining an office in the state.
(5) "Industrial development facilities" means "industrial
development facilities" as defined in RCW 39.84.020.
(6) "Industrial development revenue bonds" means taxexempt revenue bonds used to fund industrial development
facilities.
(7) "Local government" or "political subdivision" means
any port district, county, city, town, special purpose district,
and any other municipal corporations or quasi-municipal
corporations in the state providing for public facilities under
this chapter.
(8) "Sponsor" means any of the following entities which
customarily provide service or otherwise aid in industrial or
other financing and are approved as a sponsor by the board:
A bank, trust company, savings bank, investment bank,
national banking association, savings and loan association,
building and loan association, credit union, insurance
company, or any other financial institution, governmental
agency, or holding company of any entity specified in this
subsection.
(9) "Umbrella bonds" means industrial development
revenue bonds from which the proceeds are loaned, transferred, or otherwise made available to two or more users
under this chapter.
(10) "User" means one or more persons acting as lessee,
purchaser, mortgagor, or borrower under a financing docu[Title 43 RCW—page 515]
43.160.020
Title 43 RCW: State Government—Executive
ment and receiving or applying to receive revenues from
bonds issued under this chapter.
(11) "Public facilities" means a project of a local
government for the planning, acquisition, construction,
repair, reconstruction, replacement, rehabilitation, or improvement of bridges, roads, domestic and industrial water,
earth stabilization, sanitary sewer, storm sewer, railroad,
electricity, telecommunications, transportation, natural gas,
buildings or structures, and port facilities, all for the purpose
of job creation, job retention, or job expansion.
(12) "Rural county" means a county with a population
density of fewer than one hundred persons per square mile
as determined by the office of financial management.
(13) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990
decennial census, that meets three of the five criteria set
forth in subsection (14) of this section;
(b) A nonmetropolitan county with a population of less
than forty thousand in the 1990 decennial census, that meets
two of the five criteria as set forth in subsection (14) of this
section; or
(c) A nonurbanized area, as defined by the 1990
decennial census, that is located in a metropolitan county
that meets three of the five criteria set forth in subsection
(14) of this section.
(14) For the purposes of designating rural natural
resources impact areas, the following criteria shall be
considered:
(a) A lumber and wood products employment location
quotient at or above the state average;
(b) A commercial salmon fishing employment location
quotient at or above the state average;
(c) Projected or actual direct lumber and wood products
job losses of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing
job losses of one hundred positions or more; and
(e) An unemployment rate twenty percent or more
above the state average. The counties that meet these
criteria shall be determined by the employment security
department for the most recent year for which data is
available. For the purposes of administration of programs
under this chapter, the United States post office five-digit zip
code delivery areas will be used to determine residence
status for eligibility purposes. For the purpose of this
definition, a zip code delivery area of which any part is ten
miles or more from an urbanized area is considered
nonurbanized. A zip code totally surrounded by zip codes
qualifying as nonurbanized under this definition is also
considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this
chapter. [1999 c 164 § 102; 1997 c 367 § 8; 1996 c 51 § 2;
1995 c 226 § 14. Prior: 1993 c 320 § 1; 1993 c 280 § 55;
1992 c 21 § 3; 1991 c 314 § 22; 1985 c 466 § 58; 1985 c 6
§ 12; 1984 c 257 § 2; 1983 1st ex.s. c 60 § 1; 1982 1st ex.s.
c 40 § 2.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—1997 c 367: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 43 RCW—page 516]
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 367 § 21.]
Conflict with federal requirements—1997 c 367: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to the
agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state." [1997 c 367 § 22.]
Effective date—1997 c 367: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 367 § 23.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Severability—1995 c 226: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 226 § 37.]
Conflict with federal requirements—1995 c 226: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to the
agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state." [1995 c 226 § 38.]
Effective date—1995 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 226 § 39.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Findings—1991 c 314: "The legislature finds that:
(1) Cutbacks in allowable sales of old growth timber in Washington
state pose a substantial threat to the region and the state with massive
layoffs, loss of personal income, and declines in state revenues;
(2) The timber impact areas are of critical significance to the state
because of their leading role in the overall economic well-being of the state
and their importance to the quality of life to all residents of Washington,
and that these regions require a special state effort to diversify the local
economy;
(3) There are key opportunities to broaden the economic base in the
timber impact areas including agriculture, high-technology, tourism, and
regional exports; and
(4) A coordinated state, local, and private sector effort offers the
greatest potential to promote economic diversification and to provide
support for new projects within the region.
The legislature further finds that if a special state effort does not take
place the decline in allowable timber sales may result in a loss of six
thousand logging and milling jobs; two hundred million dollars in direct
wages and benefits; twelve thousand indirect jobs; and three hundred million
dollars in indirect wages and benefits.
It is the intent of the legislature to develop comprehensive programs
to provide diversified economic development and promote job creation and
employment opportunities for the citizens of the timber impact areas."
[1991 c 314 § 1.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.160.030 Community economic revitalization
board—Members—Terms—Chair, vice-chair—
Management services—Travel expenses—Vacancies—
Removal. (1) The community economic revitalization board
is hereby created to exercise the powers granted under this
chapter.
(2) The board shall consist of the chairman of and one
minority member appointed by the speaker of the house of
(2002 Ed.)
Economic Development—Public Facilities Loans and Grants
representatives from the committee of the house of representatives that deals with issues of economic development,
the chairman of and one minority member appointed by the
president of the senate from the committee of the senate that
deals with issues of economic development, and the following members appointed by the governor: A recognized
private or public sector economist; one port district official;
one county official; one city official; one representative of
the public; one representative of small businesses each from:
(a) The area west of Puget Sound, (b) the area east of Puget
Sound and west of the Cascade range, (c) the area east of
the Cascade range and west of the Columbia river, and (d)
the area east of the Columbia river; one executive from large
businesses each from the area west of the Cascades and the
area east of the Cascades. The appointive members shall
initially be appointed to terms as follows: Three members
for one-year terms, three members for two-year terms, and
three members for three-year terms which shall include the
chair. Thereafter each succeeding term shall be for three
years. The chair of the board shall be selected by the
governor. The members of the board shall elect one of their
members to serve as vice-chair. The director of community,
trade, and economic development, the director of revenue,
the commissioner of employment security, and the secretary
of transportation shall serve as nonvoting advisory members
of the board.
(3) Management services, including fiscal and contract
services, shall be provided by the department to assist the
board in implementing this chapter and the allocation of
private activity bonds.
(4) Members of the board shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or
otherwise of appointive members of the board, the governor
shall fill the same for the unexpired term. Members of the
board may be removed for malfeasance or misfeasance in
office, upon specific written charges by the governor, under
chapter 34.05 RCW.
(6) A member appointed by the governor may not be
absent from more than fifty percent of the regularly scheduled meetings in any one calendar year. Any member who
exceeds this absence limitation is deemed to have withdrawn
from the office and may be replaced by the governor. [1996
c 51 § 3; 1995 c 399 § 86; 1993 c 320 § 2. Prior: 1987 c
422 § 2; 1987 c 195 § 11; prior: 1985 c 446 § 2; 1985 c 6
§ 13; prior: 1985 c 446 § 1; 1984 c 287 § 89; 1983 1st ex.s.
c 60 § 2; 1982 1st ex.s. c 40 § 3.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.160.035 Designees for board members. Each
member of the house of representatives who is appointed to
the community economic revitalization board under RCW
43.160.030 may designate another member of the trade,
economic development, and housing committee of the house
of representatives to take his or her place on the board for
meetings at which the member will be absent. The designee
shall have all powers to vote and participate in board
deliberations as have the other board members. Each
member of the senate who is appointed to the community
(2002 Ed.)
43.160.030
economic revitalization board under RCW 43.160.030 may
designate another member of the trade, technology, and
economic development committee of the senate to take his
or her place on the board for meetings at which the member
will be absent. The designee shall have all powers to vote
and participate in board deliberations as have the other board
members. Each agency head of an executive agency who is
appointed to serve as a nonvoting advisory member of the
community economic revitalization board under RCW
43.160.030 may designate an agency employee to take his or
her place on the board for meetings at which the agency
head will be absent. The designee will have all powers to
participate in board deliberations as have the other board
members but shall not have voting powers. [1993 c 320 §
3; 1987 c 422 § 3; 1985 c 446 § 4.]
43.160.040 Conflicts of interest—Code of ethics. In
addition to other applicable provisions of law pertaining to
conflicts of interest of public officials, no board member,
appointive or otherwise, may participate in any decision on
any board contract in which the board member has any
interests, direct or indirect, with any firm, partnership,
corporation, or association which would be the recipient of
any aid under this chapter. In any instance where the
participation occurs, the board shall void the transaction, and
the involved member shall be subject to whatever further
sanctions may be provided by law. The board shall frame
and adopt a code of ethics for its members, which shall be
designed to protect the state and its citizens from any
unethical conduct by the board. [1982 1st ex.s. c 40 § 4.]
43.160.050 Powers of board. The board may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business.
(2) Adopt an official seal and alter the seal at its
pleasure.
(3) Utilize the services of other governmental agencies.
(4) Accept from any federal agency loans or grants for
the planning or financing of any project and enter into an
agreement with the agency respecting the loans or grants.
(5) Conduct examinations and investigations and take
testimony at public hearings of any matter material for its
information that will assist in determinations related to the
exercise of the board’s lawful powers.
(6) Accept any gifts, grants, or loans of funds, property,
or financial or other aid in any form from any other source
on any terms and conditions which are not in conflict with
this chapter.
(7) Exercise all the powers of a public corporation under
chapter 39.84 RCW.
(8) Invest any funds received in connection with
industrial development revenue bond financing not required
for immediate use, as the board considers appropriate,
subject to any agreements with owners of bonds.
(9) Arrange for lines of credit for industrial development
revenue bonds from and enter into participation agreements
with any financial institution.
(10) Issue industrial development revenue bonds in one
or more series for the purpose of defraying the cost of
acquiring or improving any industrial development facility or
[Title 43 RCW—page 517]
43.160.050
Title 43 RCW: State Government—Executive
facilities and securing the payment of the bonds as provided
in this chapter.
(11) Enter into agreements or other transactions with
and accept grants and the cooperation of any governmental
agency in furtherance of this chapter.
(12) Sell, purchase, or insure loans to finance the costs
of industrial development facilities.
(13) Service, contract, and pay for the servicing of loans
for industrial development facilities.
(14) Provide financial analysis and technical assistance
for industrial development facilities when the board reasonably considers it appropriate.
(15) Collect, with respect to industrial development
revenue bonds, reasonable interest, fees, and charges for
making and servicing its lease agreements, loan agreements,
mortgage loans, notes, bonds, commitments, and other evidences of indebtedness. Interest, fees, and charges are
limited to the amounts required to pay the costs of the board,
including operating and administrative expenses and reasonable allowances for losses that may be incurred.
(16) Procure insurance or guarantees from any party as
allowable under law, including a governmental agency,
against any loss in connection with its lease agreements, loan
agreements, mortgage loans, and other assets or property.
(17) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter.
(18) Do all acts and things necessary or convenient to
carry out the powers expressly granted or implied under this
chapter. [1996 c 51 § 4; 1987 c 422 § 4; 1982 1st ex.s. c 40
§ 5.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
43.160.060 Loans and grants to political subdivisions and federally recognized Indian tribes for public
facilities authorized—Application—Requirements for
financial assistance. The board is authorized to make direct
loans to political subdivisions of the state and to federally
recognized Indian tribes for the purposes of assisting the
political subdivisions and federally recognized Indian tribes
in financing the cost of public facilities, including development of land and improvements for public facilities, projectspecific environmental, capital facilities, land use, permitting,
feasibility, and marketing studies and plans; project design,
site planning, and analysis; project debt and revenue impact
analysis; as well as the construction, rehabilitation, alteration,
expansion, or improvement of the facilities. A grant may
also be authorized for purposes designated in this chapter,
but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political
subdivision or the federally recognized Indian tribe and the
finding by the board that financial circumstances require
grant assistance to enable the project to move forward.
However, at least ten percent of all financial assistance
provided by the board in any biennium shall consist of
grants to political subdivisions.
Application for funds shall be made in the form and
manner as the board may prescribe. In making grants or
loans the board shall conform to the following requirements:
(1) The board shall not provide financial assistance:
[Title 43 RCW—page 518]
(a) For a project the primary purpose of which is to
facilitate or promote a retail shopping development or
expansion.
(b) For any project that evidence exists would result in
a development or expansion that would displace existing jobs
in any other community in the state.
(c) For the acquisition of real property, including
buildings and other fixtures which are a part of real property.
(d) For a project the primary purpose of which is to
facilitate or promote gambling.
(2) The board shall only provide financial assistance:
(a) For those projects which would result in specific
private developments or expansions (i) in manufacturing,
production, food processing, assembly, warehousing, advanced technology, research and development, and industrial
distribution; (ii) for processing recyclable materials or for
facilities that support recycling, including processes not
currently provided in the state, including but not limited to,
de-inking facilities, mixed waste paper, plastics, yard waste,
and problem-waste processing; (iii) for manufacturing
facilities that rely significantly on recyclable materials,
including but not limited to waste tires and mixed waste
paper; (iv) which support the relocation of businesses from
nondistressed urban areas to rural counties or rural natural
resources impact areas; or (v) which substantially support the
trading of goods or services outside of the state’s borders.
(b) For projects which it finds will improve the opportunities for the successful maintenance, establishment, or
expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic
opportunities.
(c) When the application includes convincing evidence
that a specific private development or expansion is ready to
occur and will occur only if the public facility improvement
is made.
(3) The board shall prioritize each proposed project
according to:
(a) The relative benefits provided to the community by
the jobs the project would create, not just the total number
of jobs it would create after the project is completed and
according to the unemployment rate in the area in which the
jobs would be located; and
(b) The rate of return of the state’s investment, that
includes the expected increase in state and local tax revenues
associated with the project.
(4) A responsible official of the political subdivision or
the federally recognized Indian tribe shall be present during
board deliberations and provide information that the board
requests.
Before any financial assistance application is approved,
the political subdivision or the federally recognized Indian
tribe seeking the assistance must demonstrate to the community economic revitalization board that no other timely
source of funding is available to it at costs reasonably
similar to financing available from the community economic
revitalization board. [2002 c 242 § 4; 2002 c 239 § 1; 1999
c 164 § 103; 1996 c 51 § 5; 1993 c 320 § 4; 1990 1st ex.s.
c 17 § 73; 1989 c 431 § 62; 1987 c 422 § 5; 1985 c 446 §
3; 1983 1st ex.s. c 60 § 3; 1982 1st ex.s. c 40 § 6.]
Reviser’s note: This section was amended by 2002 c 239 § 1 and by
2002 c 242 § 4, each without reference to the other. Both amendments are
(2002 Ed.)
Economic Development—Public Facilities Loans and Grants
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—2002 c 242: See note following RCW
43.160.085.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.160.070 Conditions. Public facilities financial
assistance, when authorized by the board, is subject to the
following conditions:
(1) The moneys in the public facilities construction loan
revolving account and the distressed county public facilities
construction loan account shall be used solely to fulfill
commitments arising from financial assistance authorized in
this chapter or, during the 1989-91 fiscal biennium, for
economic development purposes as appropriated by the
legislature. The total outstanding amount which the board
shall dispense at any time pursuant to this section shall not
exceed the moneys available from the accounts. The total
amount of outstanding financial assistance in Pierce, King,
and Snohomish counties shall never exceed sixty percent of
the total amount of outstanding financial assistance disbursed
by the board under this chapter without reference to financial
assistance provided under RCW 43.160.220.
(2) On contracts made for public facilities loans the
board shall determine the interest rate which loans shall bear.
The interest rate shall not exceed ten percent per annum.
The board may provide reasonable terms and conditions for
repayment for loans, including partial forgiveness of loan
principal and interest payments on projects located in rural
counties or rural natural resources impact areas, as the board
determines. The loans shall not exceed twenty years in
duration.
(3) Repayments of loans made from the public facilities
construction loan revolving account under the contracts for
public facilities construction loans shall be paid into the
public facilities construction loan revolving account.
Repayments of loans made from the distressed county public
facilities construction loan account under the contracts for
public facilities construction loans shall be paid into the
distressed county public facilities construction loan account.
Repayments of loans from moneys from the new appropriation from the public works assistance account for the fiscal
biennium ending June 30, 1999, shall be paid into the public
works assistance account.
(4) When every feasible effort has been made to provide
loans and loans are not possible, the board may provide
grants upon finding that unique circumstances exist. [1999
c 164 § 104; 1998 c 321 § 27 (Referendum Bill No. 49,
approved November 3, 1998); 1997 c 235 § 721; 1996 c 51
§ 6; 1990 1st ex.s. c 16 § 802; 1983 1st ex.s. c 60 § 4; 1982
1st ex.s. c 40 § 7.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
(2002 Ed.)
43.160.060
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Severability—Effective date—1997 c 235: See notes following
RCW 79A.15.040.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Severability—1990 1st ex.s. c 16: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 16 § 803.]
43.160.074 Application—Request for improvements
to existing highways—Procedures. (1) An application to
the board from a political subdivision may also include a
request for improvements to an existing state highway or
highways. The application is subject to all of the applicable
criteria relative to qualifying types of development set forth
in this chapter, as well as procedures and criteria established
by the board.
(2) Before board consideration of an application from a
political subdivision that includes a request for improvements
to an existing state highway or highways, the application
shall be forwarded by the board to the transportation
commission.
(3) The board may not make its final determination on
any application made under subsection (1) of this section
before receiving approval, as submitted or amended or
disapproval from the transportation commission as specified
in RCW 47.01.280. Notwithstanding its disposition of the
remainder of any such application, the board may not
approve a request for improvements to an existing state
highway or highways without the approval as submitted or
amended of the transportation commission as specified in
RCW 47.01.280.
(4) The board shall notify the transportation commission
of its decision regarding any application made under this
section. [1985 c 433 § 5.]
Nonseverability—1985 c 433: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the entire act and the application of the provision to other persons or
circumstances is invalid and of no further force and effect." [1985 c 433
§ 10.]
43.160.076 Financial assistance in rural counties or natural
resources impact areas. (1) Except as authorized to the contrary under
subsection (2) of this section, from all funds available to the board for
financial assistance in a biennium under this chapter without reference to
financial assistance provided under RCW 43.160.220, the board shall spend
at least seventy-five percent for financial assistance for projects in rural
counties or rural natural resources impact areas.
(2) If at any time during the last six months of a biennium the board
finds that the actual and anticipated applications for qualified projects in
rural counties or rural natural resources impact areas are clearly insufficient
to use up the seventy-five percent allocation under subsection (1) of this
section, then the board shall estimate the amount of the insufficiency and
during the remainder of the biennium may use that amount of the allocation
for financial assistance to projects not located in rural counties or rural
natural resources impact areas. [1999 c 164 § 105. Prior: 1998 c 321 §
28 (Referendum Bill No. 49, approved November 3, 1998); 1998 c 55 § 4;
1997 c 367 § 9; 1996 c 51 § 7; 1995 c 226 § 15; 1993 c 320 § 5; 1991 c
314 § 24; 1985 c 446 § 6.]
Reviser’s note: RCW 43.160.076 was also repealed by 1998 c 321
§ 29 without cognizance of its amendment by 1999 c 164 § 105 and 1998
c 55 § 4. For rule of construction see RCW 1.12.025. 1998 c 55 § 4 added
[Title 43 RCW—page 519]
43.160.076
Title 43 RCW: State Government—Executive
an expiration date to this section that coincided with the delayed repealer in
1998 c 321 § 29. 1999 c 164 § 105 eliminated that expiration date.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Repeal—1991 c 314: "RCW 43.160.076 and 1998 c 321 § 28, 1997
c 367 § 9, 1996 c 51 § 7, 1995 c 226 § 15, 1993 c 320 § 5, 1991 c 314 §
24, & 1985 c 446 § 6 are each repealed effective June 30, 2000." [1998 c
321 § 29 (Referendum Bill No. 49, approved November 3, 1998); 1997 c
367 § 10; 1995 c 226 § 7; 1993 c 320 § 10; 1991 c 314 § 32.]
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Findings—1991 c 314: See note following RCW 43.160.020.
43.160.076 Financial assistance in rural counties or natural
resources impact areas. [1999 c 164 § 105. Prior: 1998 c 321 § 28
(Referendum Bill No. 49, approved November 3, 1998); 1998 c 55 § 4;
1997 c 367 § 9; 1996 c 51 § 7; 1995 c 226 § 15; 1993 c 320 § 5; 1991 c
314 § 24; 1985 c 446 § 6.] Repealed by 1998 c 321 § 29, effective June
30, 2000.
Reviser’s note: RCW 43.160.076 was also amended by 1999 c 164
§ 105 and 1998 c 55 § 4 without cognizance of its repeal by 1998 c 321 §
29. For rule of construction, see RCW 1.12.025.
43.160.077 Applications—Processing of recyclable
materials—Department of ecology notice. (1) When the
board receives an application from a political subdivision
that includes a request for assistance in financing the cost of
public facilities to encourage the development of a private
facility to process recyclable materials, a copy of the
application shall be sent by the board to the department of
ecology.
(2) The board shall notify the department of ecology of
its decision regarding any application made under this
section. [1993 c 320 § 6; 1989 c 431 § 63.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.160.078 Board to familiarize government officials
and public with chapter provisions. In order to enhance
competition for grants and loans and the quality of projects
for which loans and grants are sought, the board shall take
such reasonable measures as are necessary to familiarize
government officials and members of the public with the
provisions of this chapter, particularly the board’s authority
to make grants and loans. [1985 c 446 § 5.]
43.160.080 Public facilities construction loan
revolving account. There shall be a fund in the state
treasury known as the public facilities construction loan
revolving account, which shall consist of all moneys collected under this chapter, except moneys of the board collected
in connection with the issuance of industrial development
revenue bonds and moneys deposited in the distressed county
public facilities construction loan account under RCW
43.160.220, and any moneys appropriated to it by law:
[Title 43 RCW—page 520]
PROVIDED, That seventy-five percent of all principal and
interest payments on loans made with the proceeds deposited
in the account under section 901, chapter 57, Laws of 1983
1st ex. sess. shall be deposited in the general fund as
reimbursement for debt service payments on the bonds
authorized in RCW 43.83.184. Disbursements from the
revolving account shall be on authorization of the board. In
order to maintain an effective expenditure and revenue
control, the public facilities construction loan revolving
account shall be subject in all respects to chapter 43.88
RCW. [1998 c 321 § 30 (Referendum Bill No. 49, approved
November 3, 1998); 1992 c 235 § 10; 1991 sp.s. c 13 § 115;
1987 c 422 § 6; 1984 c 257 § 12; 1983 1st ex.s. c 60 § 6;
1982 1st ex.s. c 40 § 8.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.160.085 Annual transfer of funds from public
works assistance account to public facilities construction
loan revolving account. (Expires June 30, 2007.) (1) The
public works assistance account shall annually transfer funds
to the public facilities construction loan revolving account in
amounts as follows: In fiscal year 2003, twelve percent of
eighteen million eight hundred ninety thousand seven
hundred seventy-five dollars, the total outstanding principal
and interest associated with the loans issued by the public
works board under the timber and rural natural resources
programs; and in each of fiscal years 2004, 2005, 2006, and
2007, twenty-two percent of the principal and interest
associated with the timber and rural natural resources
programs. In no event may this transfer exceed four million
five hundred thousand dollars per year.
(2) This section expires June 30, 2007. [2002 c 242 §
3.]
Findings—Intent—2002 c 242: "The legislature finds that the
community economic revitalization board plays a valuable and unique role
in stimulating and diversifying local economies, attracting private investment, creating new jobs, and generating additional state and local tax
revenues by investing in public facilities projects that result in new or
expanded economic development. The legislature also finds that it is in the
best interest of the state and local communities to secure a stable and
dedicated source of funds for the community economic revitalization board.
It is the intent of the legislature to establish an ongoing funding source for
the community economic revitalization board that will be used exclusively
to advance economic development infrastructure. This act provides a
temporary funding source until such time as a more permanent funding
solution can be established. These funds are not for use other than for the
stated purpose and goals of the community economic revitalization board."
[2002 c 242 § 1.]
43.160.090 Records—Audits. The board and the
department shall keep proper records of accounts and shall
be subject to audit by the state auditor. [1996 c 51 § 8;
1987 c 505 § 42; 1982 1st ex.s. c 40 § 9.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
43.160.100 Status of board. The board is an authority and an instrumentality of the state within the meaning of
those terms in the regulations of the Internal Revenue
(2002 Ed.)
Economic Development—Public Facilities Loans and Grants
Service prescribed pursuant to Section 103 of the federal
Internal Revenue Code of 1954, as amended. [1984 c 257
§ 3.]
43.160.115 Cooperation with *Washington state
development loan fund committee required—Transfer of
funds. In addition to its powers and duties under this
chapter, the community economic revitalization board shall
cooperate with the *Washington state development loan fund
committee in order to provide for coordination of their very
similar programs. Under this chapter, it is the duty of the
department of community, trade, and economic development
and the board to financially assist the committee to the
extent required by law. Funds appropriated to the board or
the department of community, trade, and economic development for the use of the board shall be transferred to the
department of community, trade, and economic development
to the extent required by law. [1995 c 399 § 87; 1987 c 422
§ 7; 1987 c 195 § 12; 1985 c 164 § 14.]
*Reviser’s note: The Washington state development loan fund
committee was terminated on June 30, 1994, and its powers and duties were
transferred to the director of the department of community, trade, and
economic development.
Severability—1985 c 164: See RCW 43.168.900.
43.160.120 Commingling of funds prohibited. No
part of the proceeds received from the sale of any industrial
development revenue bonds under this chapter, of any
revenues derived from an industrial development facility
acquired or held under this chapter, or of any interest
realized on moneys received under this chapter, may be
commingled by the board with funds of the state. [1984 c
257 § 5.]
43.160.130 Personal liability. The members and
employees of the board and the department shall not be
personally liable or accountable by reason of the issuance of
or on any bond issued by the board. [1984 c 257 § 6.]
43.160.140 Accounts. The board may create and
administer funds and accounts and establish such funds and
accounts with financial institutions as are necessary to
implement its duties under RCW *43.160.050 (8) through
(17) and 43.160.100 through 43.160.170. [1987 c 422 § 8;
1984 c 257 § 7.]
*Reviser’s note: RCW 43.160.050 was amended by 1996 c 51 § 4,
changing subsections (8) through (17) to subsections (7) through (16).
43.160.150 Faith and credit not pledged. Bonds
issued under this chapter do not constitute a debt, liability,
obligation, or pledge of the faith and credit of the state but
are payable solely from the revenues or assets of the board.
A bond issued under this chapter must disclose on its face
(1) the state of Washington is not obligated to pay the
principal or the interest thereon; (2) no tax funds or governmental revenue may be used to pay the principal or interest
thereon; and (3) neither the faith and credit nor the taxing
power of the state or any subdivision or agency thereof is
pledged to the payment of the principal or interest on the
bond. [1984 c 257 § 8.]
(2002 Ed.)
43.160.100
43.160.160 Security. In order to assure payment of
the bonds, the board shall consider and may require users to
provide appropriate security. Such security may include but
is not limited to letters of credit, deeds of trust, guarantees,
mortgage insurance or cash reserves. If federal funds are
used to provide additional security for the protection of bond
purchasers the board shall require a credit analysis by a
financial institution of each user of an umbrella board [bond]
in order to ensure the marketability of the bonds. [1984 c
257 § 9.]
43.160.170 Special reserve account. (1) The board
may establish a special reserve account and pay into it any:
(a) Proceeds of the sale of bonds to the extent provided
in the resolutions or indentures of the board authorizing their
issuance; and
(b) Other funds which may be available to the board
from any other source for the purpose of the account.
(2) All funds held in the special reserve account must be
used solely for the payment of the principal of, premium, if
any, and interest on the bonds secured in whole or in part by
the account, the sinking fund payments with respect to the
bonds, the purchase or redemption of the bonds, the payment
of interest on the bonds, or the payment of any redemption
premium required to be paid when the bonds are redeemed
prior to maturity. Funds in the account may not be withdrawn at any time in an amount that reduces the account to
an amount less than the sum of minimum reserve requirements established in the resolutions or indentures of the
board for the account except, with respect to bonds secured
in whole or in part by the account, for the purpose of
making payment, when due, of principal, premium, if any,
interest, and sinking fund payments for the payment of
which other money pledged is not available. Any income or
interest earned by or incremental to the special reserve
account due to its investment may be transferred to other
accounts of the board to an extent that does not reduce the
amount of the special reserve account below the sum of
minimum reserve requirements for the account. [1984 c 257
§ 10.]
43.160.180 Private activity bond subcommittee. (1)
There is hereby created the private activity bond subcommittee of the board.
(2) The subcommittee shall be primarily responsible for
reviewing and making recommendations to the board on
requests for certification and allocation pursuant to the
provisions of chapter 39.86 RCW and as authorized by rules
adopted by the board.
(3) The subcommittee shall consist of the following
members: Six members of the board including: (a) The
chair; (b) the county official; (c) the city official; (d) the port
district official; (e) a legislator, appointed by the chair; and
(f) the representative of the public. The members’ terms
shall coincide with their terms of appointment to the board.
(4) Staff support to the subcommittee shall be provided
by the department of community, trade, and economic
development.
(5) Members of the subcommittee shall receive no
compensation but shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060.
[Title 43 RCW—page 521]
43.160.180
Title 43 RCW: State Government—Executive
(6) If a vacancy on the subcommittee occurs by death,
resignation, failure to hold the office from which the
member was appointed, or otherwise, the vacancy shall be
filled through the procedures specified for filling the corresponding vacancy on the board. [1995 c 399 § 88; 1987 c
422 § 9; 1985 c 446 § 15.]
43.160.200 Economic development account—
Eligibility for assistance. (1) The economic development
account is created within the public facilities construction
loan revolving fund under RCW 43.160.080. Moneys in the
account may be spent only after appropriation. Expenditures
from the account may be used only for the purposes of RCW
43.160.010(5) and this section. The account is subject to
allotment procedures under chapter 43.88 RCW.
(2) Applications under this section for assistance from
the economic development account are subject to all of the
applicable criteria set forth under this chapter, as well as
procedures and criteria established by the board, except as
otherwise provided.
(3) Eligible applicants under this section are limited to
political subdivisions of the state in rural natural resources
impact areas and rural counties.
(4) Applicants must demonstrate that their request is
part of an economic development plan consistent with
applicable state planning requirements. Applicants must
demonstrate that tourism projects have been approved by the
local government. Industrial projects must be approved by
the local government and the associate development organization.
(5) Publicly owned projects may be financed under this
section upon proof by the applicant that the public project is
a necessary component of, or constitutes in whole, a tourism
project.
(6) Applications must demonstrate local match and
participation. Such match may include: Land donation,
other public or private funds or both, or other means of local
commitment to the project.
(7) Board financing for project-specific environmental,
capital facilities, land use, permitting, feasibility[,] and
marketing studies and plans; project engineering, design, and
site planning and analysis; and project debt and revenue
impact analysis shall not exceed fifty thousand dollars per
study. Board funds for these purposes may be provided as
a grant and require a match.
(8) Board financing for tourism projects shall not exceed
two hundred fifty thousand dollars. Other public facility
construction projects under this section shall not exceed one
million dollars. Loans with flexible terms and conditions to
meet the needs of the applicants shall be provided. Grants
may also be authorized, but only when, and to the extent
that, a loan is not reasonably possible, given the limited
resources of the political subdivision.
(9) The board shall develop guidelines for allowable
local match and planning and predevelopment activities.
(10) The board may allow de minimis general system
improvements to be funded if they are critically linked to the
viability of the economic development project assisted under
this section.
[Title 43 RCW—page 522]
(11) Applications under this section need not demonstrate evidence that specific private development or expansion is ready to occur or will occur if funds are provided.
(12) The board shall establish guidelines for providing
financial assistance under this section to ensure that the
requirements of this chapter are complied with. The
guidelines shall include:
(a) A process to equitably compare and evaluate
applications from competing communities.
(b) Criteria to ensure that approved projects will have a
high probability of success and are likely to provide longterm economic benefits to the community. The criteria shall
include: (i) A minimum amount of local participation,
determined by the board per application, to verify community support for the project; (ii) an analysis that establishes the
project is feasible using standard economic principles; and
(iii) an explanation from the applicant regarding how the
project is consistent with the communities’ economic
strategy and goals.
(c) A method of evaluating the impact of the financial
assistance on the economy of the community and whether
the financial assistance achieved its purpose. [1999 c 164 §
107; 1996 c 51 § 9; 1995 c 226 § 16. Prior: 1993 c 320 §
7; 1993 c 316 § 4; 1991 c 314 § 23.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Effective date—1993 c 316: "Sections 1 through 9 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect June 30, 1993." [1993 c 316 § 12.]
Findings—1991 c 314: See note following RCW 43.160.020.
43.160.210 Distressed counties—Twenty percent of
financial assistance. (1) Except as authorized to the
contrary under subsection (2) of this section, from all funds
available to the board for financial assistance under this
chapter without reference to financial assistance provided
under RCW 43.160.220, the board shall designate at least
twenty percent for financial assistance for projects in
distressed counties. For purposes of this section, the term
"distressed counties" includes any county, in which: (a) The
average level of unemployment for the three years before the
year in which an application for financial assistance is filed,
exceeds the average state unemployment for those years by
twenty percent; or (b) a county that has a median household
income that is less than seventy-five percent of the state
median household income for the previous three years.
(2) If at any time during the last six months of a
biennium the board finds that the actual and anticipated
applications for qualified projects in distressed counties are
clearly insufficient to use up the twenty percent allocation
under subsection (1) of this section, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation
for financial assistance for projects not located in distressed
counties. [1998 c 321 § 31 (Referendum Bill No. 49,
(2002 Ed.)
Economic Development—Public Facilities Loans and Grants
approved November 3, 1998); 1998 c 55 § 5. Prior: 1996
c 290 § 1; 1996 c 51 § 10; 1991 c 314 § 25.]
Reviser’s note: This section was amended by 1998 c 55 § 5 and by
1998 c 321 § 31, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Effective date—1998 c 55 § 5: "Section 5 of this act takes effect
June 30, 2000." [1998 c 55 § 7.]
Effective dates—1996 c 290 §§ 1 and 6: "(1) *Section 6 of this act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [March 30, 1996].
(2) Section 1 of this act shall take effect June 30, 1997." [1996 c 290
§ 8.]
*Reviser’s note: 1996 c 290 § 6 was vetoed.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Effective date—1991 c 314: "RCW 43.160.210 shall take effect June
30, 2000." [1997 c 367 § 12; 1995 c 226 § 9; 1993 c 320 § 11; 1993 c 316
§ 8; 1991 c 314 § 34.]
Findings—1991 c 314: See note following RCW 43.160.020.
43.160.220 Distressed county public facilities
construction loan account. The distressed county public
facilities construction loan account is created in the state
treasury. All funds provided under RCW 82.14.200 shall be
deposited in the account. Moneys in the account may be
spent only after appropriation. Moneys in the account shall
only be used to provide financial assistance under this
chapter to distressed counties that have experienced extraordinary costs due to the location of a major new business
facility or the substantial expansion of an existing business
facility in the county.
For purposes of this section, the term "distressed
counties" includes any county in which the average level of
unemployment for the three years before the year in which
an application for financial assistance is filed exceeds the
average state employment for those years by twenty percent.
[1998 c 321 § 9 (Referendum Bill No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
43.160.900 Community economic revitalization
board—Implementation of chapter—Report to legislature. The community economic revitalization board shall report to the appropriate standing committees of the legislature
biennially on the implementation of this chapter. The report
shall include information on the number of applications for
community economic revitalization board assistance, the
number and types of projects approved, the grant or loan
amount awarded each project, the projected number of jobs
created or retained by each project, the actual number of
jobs created or retained by each project, the number of
delinquent loans, and the number of project terminations.
The report may also include additional performance mea(2002 Ed.)
43.160.210
sures and recommendations for programmatic changes. The
first report shall be submitted by December 1, 1994. [1993
c 320 § 8; 1987 c 422 § 10; 1985 c 446 § 25; 1982 1st ex.s.
c 40 § 10.]
Effective date—1993 c 320 § 8: "Section 8 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [May 12, 1993]." [1993 c 320 § 12.]
43.160.901 Severability—1982 1st ex.s. c 40. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1982 1st ex.s. c 40 § 11.]
43.160.902 Captions not part of law—1984 c 257.
As used in this act, captions constitute no part of the law.
[1984 c 257 § 14.]
Chapter 43.163
ECONOMIC DEVELOPMENT
FINANCE AUTHORITY
Sections
43.163.005 Purpose—Construction.
43.163.010 Definitions.
43.163.020 Economic development finance authority created—
Membership.
43.163.030 Small businesses—Funding of export transactions.
43.163.040 Farmers—Advance financing, agriculture conservation reserve program.
43.163.050 Pooling of loans.
43.163.060 Scope of authority’s powers—Duties of other agencies.
43.163.070 Use of funds.
43.163.080 General operating procedures.
43.163.090 Economic development finance objectives plan.
43.163.100 Powers of the authority.
43.163.110 Restrictions on authority’s activity.
43.163.120 Staffing, restrictions—Authority not to receive appropriated
state funds.
43.163.130 Nonrecourse revenue bonds—Issuance.
43.163.140 Nonrecourse revenue bonds—Contracts—Restrictions.
43.163.150 Nonrecourse revenue bonds—Financing documents, scope.
43.163.160 Nonrecourse revenue bonds—Money received shall be trust
funds.
43.163.170 Nonrecourse revenue bonds—Owner and trustee, enforcement of rights.
43.163.180 Nonrecourse revenue bonds as legal investment.
43.163.190 Chapter as an alternative bond issuance method.
43.163.200 Construction.
43.163.210 Nonrecourse revenue bond financing—Economic development activities—New products.
43.163.901 Severability—1989 c 279.
Public disclosure: RCW 42.17.310.
43.163.005 Purpose—Construction. Economic
development is essential to the health, safety, and welfare of
all Washington citizens by broadening and strengthening
state and local tax bases, providing meaningful employment
opportunities and thereby enhancing the quality of life.
Economic development increasingly is dependent upon the
ability of small-sized and medium-sized businesses and
farms to finance growth and trade activities. Many of these
businesses face an unmet need for capital that limits their
growth. These unmet capital needs are a problem in both
urban and rural areas which cannot be solved by the private
[Title 43 RCW—page 523]
43.163.005
Title 43 RCW: State Government—Executive
sector alone. There presently exist some federal programs,
private credit enhancements and other financial tools to
complement the private banking industry in providing this
needed capital. More research is needed to develop effective
strategies to enhance access to capital and thereby stimulate
economic development.
It is the purpose of this chapter to establish a state economic development finance authority to act as a financial
conduit that, without using state funds or lending the credit
of the state or local governments, can issue nonrecourse
revenue bonds, and participate in federal, state, and local
economic development programs to help facilitate access to
needed capital by Washington businesses that cannot
otherwise readily obtain needed capital on terms and rates
comparable to large corporations, and can help local governments obtain capital more efficiently. It is also a primary
purpose of this chapter to encourage the employment and
retention of Washington workers at meaningful wages and to
develop innovative approaches to the problem of unmet
capital needs. This chapter is enacted to accomplish these
and related purposes and shall be construed liberally to carry
out its purposes and objectives. [1990 c 53 § 1; 1989 c 279
§ 1.]
Findings—Purpose—1994 c 302: "The legislature finds that when
public funds are used to support private enterprise, the public may gain
through the creation of new jobs, the diversification of the economy, or
higher quality jobs for existing workers. The legislature further finds that
such returns on public investments are not automatic and that tax-based
incentives, in particular, may result in a greater tax burden on businesses
and individuals that are not eligible for the public support. It is the purpose
of this *chapter to collect information sufficient to allow the legislature and
the executive branch to make informed decisions about the merits of
existing tax-based incentives and loan programs intended to encourage
economic development in the state." [1994 c 302 § 1.]
*Reviser’s note: 1994 c 302 § 2 was vetoed by the governor. 1994
c 302 § 3 is a codification direction and 1994 c 302 § 4 is an emergency
clause. The code reviser’s office chose not to create a new chapter for the
only remaining section, section 1.
43.163.010 Definitions. As used in this chapter, the
following words and terms have the following meanings,
unless the context requires otherwise:
(1) "Authority" means the Washington economic
development finance authority created under RCW
43.163.020 or any board, body, commission, department or
officer succeeding to the principal functions of the authority
or to whom the powers conferred upon the authority shall be
given by law;
(2) "Bonds" means any bonds, notes, debentures, interim
certificates, conditional sales or lease financing agreements,
lines of credit, forward purchase agreements, investment
agreements, and other banking or financial arrangements,
guaranties, or other obligations issued by or entered into by
the authority. Such bonds may be issued on either a taxexempt or taxable basis;
(3) "Borrower" means one or more public or private
persons or entities acting as lessee, purchaser, mortgagor, or
borrower who has obtained or is seeking to obtain financing
either from the authority or from an eligible banking organization that has obtained or is seeking to obtain funds from
the authority to finance a project. A borrower may include
a party who transfers the right of use and occupancy to
another party by lease, sublease or otherwise, or a party who
[Title 43 RCW—page 524]
is seeking or has obtained a financial guaranty from the
authority;
(4) "Eligible banking organization" means any organization subject to regulation by the director of the department
of financial institutions, any national bank, federal savings
and loan association, and federal credit union located within
this state;
(5) "Eligible export transaction" means any preexport or
export activity by a person or entity located in the state of
Washington involving a sale for export and product sale
which, in the judgment of the authority: (a) Will create or
maintain employment in the state of Washington, (b) will
obtain a material percent of its value from manufactured
goods or services made, processed or occurring in Washington, and (c) could not otherwise obtain financing on reasonable terms from an eligible banking organization;
(6) "Eligible farmer" means any person who is a
resident of the state of Washington and whose specific
acreage qualifying for receipts from the federal department
of agriculture under its conservation reserve program is
within the state of Washington;
(7) "Eligible person" means an individual, partnership,
corporation, or joint venture carrying on business, or
proposing to carry on business within the state and is
seeking financial assistance under RCW 43.163.210;
(8) "Financial assistance" means the infusion of capital
to persons for use in the development and exploitation of
specific inventions and products;
(9) "Financing document" means an instrument executed
by the authority and one or more persons or entities pertaining to the issuance of or security for bonds, or the application of the proceeds of bonds or other funds of, or payable
to, the authority. A financing document may include, but
need not be limited to, a lease, installment sale agreement,
conditional sale agreement, mortgage, loan agreement, trust
agreement or indenture, security agreement, letter or line of
credit, reimbursement agreement, insurance policy, guaranty
agreement, or currency or interest rate swap agreement. A
financing document also may be an agreement between the
authority and an eligible banking organization which has
agreed to make a loan to a borrower;
(10) "Plan" means the general plan of economic
development finance objectives developed and adopted by
the authority, and updated from time to time, as required
under RCW 43.163.090;
(11) "Economic development activities" means activities
related to: Manufacturing, processing, research, production,
assembly, tooling, warehousing, airports, docks and wharves,
mass commuting facilities, high-speed intercity rail facilities,
public broadcasting, pollution control, solid waste disposal,
federally qualified hazardous waste facilities, energy generating, conservation, or transmission facilities, and sports
facilities and industrial parks and activities conducted within
a federally designated enterprise or empowerment zone or
geographic area of similar nature;
(12) "Project costs" means costs of:
(a) Acquisition, lease, construction, reconstruction,
remodeling, refurbishing, rehabilitation, extension, and
enlargement of land, rights to land, buildings, structures,
docks, wharves, fixtures, machinery, equipment, excavations,
paving, landscaping, utilities, approaches, roadways and
parking, handling and storage areas, and similar ancillary
(2002 Ed.)
Economic Development Finance Authority
facilities, and any other real or personal property included in
an economic development activity;
(b) Architectural, engineering, consulting, accounting,
and legal costs related directly to the development, financing,
acquisition, lease, construction, reconstruction, remodeling,
refurbishing, rehabilitation, extension, and enlargement of an
activity included under subsection (11) of this section,
including costs of studies assessing the feasibility of an
economic development activity;
(c) Finance costs, including the costs of credit enhancement and discounts, if any, the costs of issuing revenue
bonds, and costs incurred in carrying out any financing
document;
(d) Start-up costs, working capital, capitalized research
and development costs, capitalized interest during construction and during the eighteen months after estimated completion of construction, and capitalized debt service or repair
and replacement or other appropriate reserves;
(e) The refunding of any outstanding obligations
incurred for any of the costs outlined in this subsection; and
(f) Other costs incidental to any of the costs listed in
this section;
(13) "Product" means a product, device, technique, or
process that is or may be exploitable commercially. "Product" does not refer to pure research, but shall be construed
to apply to products, devices, techniques, or processes that
have advanced beyond the theoretic stage and are readily
capable of being, or have been, reduced to practice;
(14) "Financing agreements" means, and includes
without limitation, a contractual arrangement with an eligible
person whereby the authority obtains rights from or in an
invention or product or proceeds from an invention or
product in exchange for the granting of financial and other
assistance to the person. [1999 c 294 § 1. Prior: 1994 c
238 § 1; 1994 c 92 § 498; 1989 c 279 § 2.]
Effective date—1999 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 13, 1999]." [1999 c 294 § 2.]
Severability—1994 c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 238 § 6.]
Effective date—1994 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 238 § 7.]
43.163.020 Economic development finance authority
created—Membership. The Washington economic development finance authority is established as a public body
corporate and politic, with perpetual corporate succession,
constituting an instrumentality of the state of Washington
exercising essential governmental functions. The authority
is a public body within the meaning of RCW 39.53.010.
The authority shall consist of eighteen [seventeen]
members as follows: The director of the department of
community, trade, and economic development, the director
of the department of agriculture, the state treasurer, one
member from each caucus in the house of representatives
appointed by the speaker of the house, one member from
each caucus in the senate appointed by the president of the
senate, and ten public members with one representative of
(2002 Ed.)
43.163.010
women-owned businesses and one representative of minorityowned businesses and with at least three of the members
residing east of the Cascades. The public members shall be
residents of the state appointed by the governor on the basis
of their interest or expertise in trade, agriculture or business
finance or jobs creation and development. One of the public
members shall be appointed by the governor as chair of the
authority and shall serve as chair of the authority at the pleasure of the governor. The authority may select from its
membership such other officers as it deems appropriate.
The term of the persons appointed by the governor as
public members of the authority, including the public
member appointed as chair, shall be four years from the date
of appointment, except that the term of three of the initial
appointees shall be for two years from the date of appointment and the term of four of the initial appointees shall be
for three years from the date of appointment. The governor
shall designate the appointees who will serve the two-year
and three-year terms.
In the event of a vacancy on the authority due to death,
resignation or removal of one of the public members, or
upon the expiration of the term of one of the public members, the governor shall appoint a successor for the remainder of the unexpired term. If either of the state offices is
abolished, the resulting vacancy on the authority shall be
filled by the state officer who shall succeed substantially to
the power and duties of the abolished office.
Any public member of the authority may be removed by
the governor for misfeasance, malfeasance or willful neglect
of duty after notice and a public hearing, unless such notice
and hearing shall be expressly waived in writing by the
affected public member.
The state officials serving in ex officio capacity may
each designate an employee of their respective departments
to act on their behalf in all respects with regard to any
matter to come before the authority. Such designations shall
be made in writing in such manner as is specified by the
rules of the authority.
The members of the authority shall serve without
compensation but shall be entitled to reimbursement, solely
from the funds of the authority, for expenses incurred in the
discharge of their duties under this chapter. The authority
may borrow funds from the department for the purpose of
reimbursing members for expenses; however, the authority
shall repay the department as soon as practicable.
A majority of the authority shall constitute a quorum.
[1995 c 399 § 89; 1990 c 53 § 2; 1989 c 279 § 3.]
43.163.030 Small businesses—Funding of export
transactions. (1) The authority, in cooperation with the
small business export finance assistance center and other
export assistance entities, is authorized to develop and
conduct a program or programs to provide for the funding of
export transactions for small businesses which are unable to
obtain funding from private commercial lenders.
(2) The authority is authorized to secure or provide
guaranties or insurance for loans and otherwise to provide
for loans for any eligible export transaction. Loans may be
made either directly by the authority or through an eligible
banking organization. For such purpose, the authority may
use funds legally available to it to provide for insurance or
[Title 43 RCW—page 525]
43.163.030
Title 43 RCW: State Government—Executive
to guarantee eligible export transactions for which guaranteed funding has been provided.
(3) The authority shall make every effort to cause
guaranties or insurance to be provided from the exportimport bank of the United States, the foreign credit insurance
association, the small business administration or such other
similar or succeeding federal or private programs whose
financial performance in the guarantee or insurance of export
transactions is sound and recognized in the financial community. The maximum amount payable under any guaranty
shall be specifically set forth in writing at the time any such
guaranteed funding is entered into by the authority.
(4) Prior to providing or securing a guarantee of funding
or otherwise providing for a loan for any eligible export
transaction hereunder, the authority shall obtain assurance
that there has been made an investigation of the credit of the
exporter in order to determine its viability, the economic
benefits to be derived from the eligible export transaction,
the prospects for repayment, and such other facts as it deems
necessary in order to determine that such guaranteed funding
is consistent with the purposes of this chapter. [1989 c 279
§ 4.]
ment, agriculture or employment security, or any other
department or organization of, or affiliated with, the state or
federal government, and shall avoid any duplication of such
activities or programs provided elsewhere. The departments
of community, trade, and economic development, agriculture,
employment security and other relevant state agencies shall
provide to the authority all reports prepared in the course of
their ongoing activities which may assist in the identification
of unmet capital financing needs by small-sized and medium-sized businesses in the state. [1995 c 399 § 90; 1989 c
279 § 7.]
43.163.070 Use of funds. The authority may use any
funds legally available to it for any purpose specifically
authorized by this chapter, or for otherwise improving
economic development in this state by assisting businesses
and farm enterprises that do not have access to capital at
terms and rates comparable to large corporations due to the
location of the business, the size of the business, the lack of
financial expertise, or other appropriate reasons: PROVIDED, That no funds of the state shall be used for such
purposes. [1990 c 53 § 4; 1989 c 279 § 8.]
Small business export finance assistance center: Chapter 43.210 RCW.
43.163.040 Farmers—Advance financing, agriculture conservation reserve program. To provide capital for
economic development purposes, the authority is authorized
to develop and conduct a program or programs to provide
advance financing to eligible farmers in respect of the
contract payments due to them under the federal department
of agriculture conservation reserve program. Such advance
financing may be provided in the form of lease, sale, loan or
other similar financing transactions. [1989 c 279 § 5.]
43.163.050 Pooling of loans. The authority is
authorized to develop and conduct a program or programs to
promote small business and agricultural financing in the state
through the pooling of loans or portions of loans made or
guaranteed through programs administered by federal
agencies including the small business or farmers home
administrations. For such purpose, the authority may acquire
from eligible banking organizations and other financial
intermediaries who make or hold loans made or guaranteed
through programs administered by the federal small business
or farmers home administrations all or portions of such
loans, and the authority may contract or coordinate with
parties authorized to acquire or pool loans made or guaranteed by a federal agency or with parties authorized to
administer such loan or guarantee programs. [1990 c 53 §
3; 1989 c 279 § 6.]
43.163.060 Scope of authority’s powers—Duties of
other agencies. (1) The authority is authorized to participate fully in federal and other governmental economic
development finance programs and to take such actions as
are necessary and consistent with this chapter to secure to
itself and the people of the state the benefits of those
programs and to meet their requirements.
(2) The authority shall coordinate its programs with
those contributing to a common purpose found elsewhere in
the departments of community, trade, and economic develop[Title 43 RCW—page 526]
43.163.080 General operating procedures. (1) The
authority shall adopt general operating procedures for the
authority. The authority shall also adopt operating procedures for individual programs as they are developed for
obtaining funds and for providing funds to borrowers. These
operating procedures shall be adopted by resolution prior to
the authority operating the applicable programs.
(2) The operating procedures shall include, but are not
limited to: (a) Appropriate minimum reserve requirements
to secure the authority’s bonds and other obligations; (b)
appropriate standards for securing loans and other financing
the authority provides to borrowers, such as guarantees or
collateral; and (c) strict standards for providing financing to
borrowers, such as (i) the borrower is a responsible party
with a high probability of being able to repay the financing
provided by the authority, (ii) the financing is reasonably
expected to provide economic growth or stability in the state
by enabling a borrower to increase or maintain jobs or capital in the state, (iii) the borrowers with the greatest needs or
that provide the most public benefit are given higher priority
by the authority, and (iv) the financing is consistent with any
plan adopted by the authority under RCW 43.163.090.
[1994 c 238 § 2; 1990 c 53 § 5; 1989 c 279 § 9.]
Severability—Effective date—1994 c 238: See notes following
RCW 43.163.010.
43.163.090 Economic development finance objectives plan. The authority shall adopt a general plan of
economic development finance objectives to be implemented
by the authority during the period of the plan. The authority
may exercise the powers authorized under this chapter prior
to the adoption of the initial plan. In developing the plan,
the authority shall consider and set objectives for:
(1) Employment generation associated with the
authority’s programs;
(2) The application of funds to sectors and regions of
the state economy evidencing need for improved access to
capital markets and funding resources;
(2002 Ed.)
Economic Development Finance Authority
(3) Geographic distribution of funds and programs
available through the authority;
(4) Eligibility criteria for participants in authority
programs;
(5) The use of funds and resources available from or
through federal, state, local, and private sources and programs;
(6) Standards for economic viability and growth
opportunities of participants in authority programs;
(7) New programs which serve a targeted need for
financing assistance within the purposes of this chapter; and
(8) Opportunities to improve capital access as evidenced
by programs existent in other states or as they are made
possible by results of private capital market circumstances.
The authority shall, as part of the finance plan required
under this section, develop an outreach and marketing plan
designed to increase its financial services to rural counties.
As used in this section, "rural counties" means counties
smaller than two hundred twenty-five square miles or as
defined in RCW 43.168.020.
At least one public hearing shall be conducted by the
authority on the plan prior to its adoption. The plan shall be
adopted by resolution of the authority no later than November 15, 1990. The authority may periodically update the
plan as determined necessary by the authority. The plan or
updated plan shall include a report on authority activities
conducted since the commencement of authority operation or
since the last plan was reported, whichever is more recent,
including a statement of results achieved under the purposes
of this chapter and the plan. Upon adoption, the authority
shall conduct its programs in observance of the objectives
established in the plan. [2001 c 304 § 1; 1998 c 245 § 50;
1997 c 257 § 1; 1989 c 279 § 10.]
Effective date—2001 c 304: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 304 § 4.]
43.163.100 Powers of the authority. In addition to
accomplishing the economic development finance programs
specifically authorized in this chapter, the authority may:
(1) Maintain an office or offices;
(2) Sue and be sued in its own name, and plead and be
impleaded;
(3) Engage consultants, agents, attorneys, and advisers,
contract with federal, state, and local governmental entities
for services, and hire such employees, agents and other
personnel as the authority deems necessary, useful, or convenient to accomplish its purposes;
(4) Make and execute all manner of contracts, agreements and instruments and financing documents with public
and private parties as the authority deems necessary, useful,
or convenient to accomplish its purposes;
(5) Acquire and hold real or personal property, or any
interest therein, in the name of the authority, and to sell,
assign, lease, encumber, mortgage, or otherwise dispose of
the same in such manner as the authority deems necessary,
useful, or convenient to accomplish its purposes;
(6) Open and maintain accounts in qualified public
depositaries and otherwise provide for the investment of any
funds not required for immediate disbursement, and provide
for the selection of investments;
(2002 Ed.)
43.163.090
(7) Appear in its own behalf before boards, commissions, departments, or agencies of federal, state, or local
government;
(8) Procure such insurance in such amounts and from
such insurers as the authority deems desirable, including, but
not limited to, insurance against any loss or damage to its
property or other assets, public liability insurance for injuries
to persons or property, and directors and officers liability
insurance;
(9) Apply for and accept subventions, grants, loans,
advances, and contributions from any source of money,
property, labor, or other things of value, to be held, used and
applied as the authority deems necessary, useful, or convenient to accomplish its purposes;
(10) Establish guidelines for the participation by eligible
banking organizations in programs conducted by the authority under this chapter;
(11) Act as an agent, by agreement, for federal, state, or
local governmental entities to carry out the programs
authorized in this chapter;
(12) Establish, revise, and collect such fees and charges
as the authority deems necessary, useful, or convenient to
accomplish its purposes;
(13) Make such expenditures as are appropriate for
paying the administrative costs and expenses of the authority
in carrying out the provisions of this chapter: PROVIDED,
That expenditures with respect to the economic development
financing programs of the authority shall not be made from
funds of the state;
(14) Establish such reserves and special funds, and
controls on deposits to and disbursements from them, as the
authority deems necessary, useful, or convenient to accomplish its purposes;
(15) Give assistance to public bodies by providing
information, guidelines, forms, and procedures for implementing their financing programs;
(16) Prepare, publish and distribute, with or without
charge, such studies, reports, bulletins, and other material as
the authority deems necessary, useful, or convenient to
accomplish its purposes;
(17) Delegate any of its powers and duties if consistent
with the purposes of this chapter;
(18) Adopt rules concerning its exercise of the powers
authorized by this chapter; and
(19) Exercise any other power the authority deems
necessary, useful, or convenient to accomplish its purposes
and exercise the powers expressly granted in this chapter.
[1990 c 53 § 6; 1989 c 279 § 11.]
43.163.110 Restrictions on authority’s activity.
Notwithstanding any other provision of this chapter, the
authority shall not:
(1) Give any state money or property or loan any state
money or credit to or in aid of any individual, association,
company, or corporation, or become directly or indirectly the
owner of any stock in or bonds of any association, company,
or corporation;
(2) Issue bills of credit or accept deposits of money for
time or demand deposit, administer trusts, engage in any
form or manner in, or in the conduct of, any private or
commercial banking business, or act as a savings bank or
[Title 43 RCW—page 527]
43.163.110
Title 43 RCW: State Government—Executive
savings and loan association other than as provided in this
chapter;
(3) Be or constitute a bank or trust company within the
jurisdiction or under the control of the director of financial
institutions, the comptroller of the currency of the United
States of America or the treasury department thereof;
(4) Be or constitute a bank, broker or dealer in securities within the meaning of, or subject to the provisions of,
any securities, securities exchange or securities dealers’ law
of the United States of America or the state;
(5) Engage in the financing of housing as provided for
in chapter 43.180 RCW;
(6) Engage in the financing of health care facilities as
provided for in chapter 70.37 RCW; or
(7) Engage in financing higher education facilities as
provided for in chapter 28B.07 RCW. [1994 c 92 § 499;
1989 c 279 § 12.]
43.163.120 Staffing, restrictions—Authority not to
receive appropriated state funds. The authority shall
receive no appropriation of state funds. The department of
community, trade, and economic development shall provide
staff to the authority, to the extent permitted by law, to
enable the authority to accomplish its purposes; the staff
from the department of community, trade, and economic
development may assist the authority in organizing itself and
in designing programs, but shall not be involved in the
issuance of bonds or in making credit decisions regarding
financing provided to borrowers by the authority. [1998 c
245 § 51; 1994 c 238 § 3; 1989 c 279 § 13.]
Severability—Effective date—1994 c 238: See notes following
RCW 43.163.010.
43.163.130 Nonrecourse revenue bonds—Issuance.
(1) The authority may issue its nonrecourse revenue bonds
in order to obtain the funds to carry out the programs authorized in this chapter. The bonds shall be special obligations
of the authority, payable solely out of the special fund or
funds established by the authority for their repayment.
(2) Any bonds issued under this chapter may be secured
by a financing document between the authority and the
purchasers or owners of such bonds or between the authority
and a corporate trustee, which may be any trust company or
bank having the powers of a trust company within or without
the state.
(a) The financing document may pledge or assign, in
whole or in part, the revenues and funds held or to be
received by the authority, any present or future contract or
other rights to receive the same, and the proceeds thereof.
(b) The financing document may contain such provisions for protecting and enforcing the rights, security, and
remedies of bondowners as may be reasonable and proper,
including, without limiting the generality of the foregoing,
provisions defining defaults and providing for remedies in
the event of default which may include the acceleration of
maturities, restrictions on the individual rights of action by
bondowners, and covenants setting forth duties of and
limitations on the authority in conduct of its programs and
the management of its property.
(c) In addition to other security provided in this chapter
or otherwise by law, bonds issued by the authority may be
[Title 43 RCW—page 528]
secured, in whole or in part, by financial guaranties, by
insurance or by letters of credit issued to the authority or a
trustee or any other person, by any bank, trust company,
insurance or surety company or other financial institution,
within or without the state. The authority may pledge or
assign, in whole or in part, the revenues and funds held or
to be received by the authority, any present or future
contract or other rights to receive the same, and the proceeds
thereof, as security for such guaranties or insurance or for
the reimbursement by the authority to any issuer of such
letter of credit of any payments made under such letter of
credit.
(3) Without limiting the powers of the authority contained in this chapter, in connection with each issue of its
obligation bonds, the authority shall create and establish one
or more special funds, including, but not limited to debt
service and sinking funds, reserve funds, project funds, and
such other special funds as the authority deems necessary,
useful, or convenient.
(4) Any security interest created against the unexpended
bond proceeds and against the special funds created by the
authority shall be immediately valid and binding against the
money and any securities in which the money may be
invested without authority or trustee possession. The
security interest shall be prior to any party having any
competing claim against the moneys or securities, without
filing or recording under Article 9A of the Uniform Commercial Code, Title 62A RCW, and regardless of whether the
party has notice of the security interest.
(5) The bonds may be issued as serial bonds, term
bonds or any other type of bond instrument consistent with
the provisions of this chapter. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form;
bear such privileges of transferability, exchangeability, and
interchangeability; be subject to such terms of redemption;
and be sold at public or private sale, in such manner, at such
time or times, and at such price or prices as the authority
shall determine. The bonds shall be executed by the manual
or facsimile signatures of the authority’s chair and either its
secretary or executive director, and may be authenticated by
the trustee (if the authority determines to use a trustee) or
any registrar which may be designated for the bonds by the
authority.
(6) Bonds may be issued by the authority to refund
other outstanding authority bonds, at or prior to maturity of,
and to pay any redemption premium on, the outstanding
bonds. Bonds issued for refunding purposes may be
combined with bonds issued for the financing or refinancing
of new projects. Pending the application of the proceeds of
the refunding bonds to the redemption of the bonds to be
redeemed, the authority may enter into an agreement or
agreements with a corporate trustee regarding the interim
investment of the proceeds and the application of the
proceeds and the earnings on the proceeds to the payment of
the principal of and interest on, and the redemption of, the
bonds to be redeemed.
(7) The bonds of the authority may be negotiable
instruments under Title 62A RCW.
(8) Neither the members of the authority, nor its
employees or agents, nor any person executing the bonds
(2002 Ed.)
Economic Development Finance Authority
shall be personally liable on the bonds or be subject to any
personal liability or accountability by reason of the issuance
of the bonds.
(9) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel or resell the bonds subject to and in accordance with agreements with bondowners.
(10) The authority shall not exceed seven hundred fifty
million dollars in total outstanding debt at any time.
(11) The state finance committee shall be notified in
advance of the issuance of bonds by the authority in order to
promote the orderly offering of obligations in the financial
markets.
(12) The authority may not issue any bonds after June
30, 2006. [2001 c 304 § 2; 2001 c 32 § 2; 1998 c 48 § 1;
1994 c 238 § 5; 1989 c 279 § 14.]
Reviser’s note: This section was amended by 2001 c 32 § 2 and by
2001 c 304 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 304: See note following RCW 43.163.090.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Severability—Effective date—1994 c 238: See notes following
RCW 43.163.010.
43.163.140 Nonrecourse revenue bonds—
Contracts—Restrictions. (1) Bonds issued by the authority
under this chapter shall not be deemed to constitute obligations, either general, special or moral, of the state or of any
political subdivision of the state, or pledge of the faith and
credit of the state or of any political subdivision, or general
obligations of the authority. The bonds shall be special
obligations of the authority and shall be payable solely from
the special fund or funds created by the authority for their
repayment. The issuance of bonds under this chapter shall
not obligate, directly, indirectly, or contingently, the state or
any political subdivision of the state to levy any taxes or
appropriate or expend any funds for the payment of the
principal or the interest on the bonds. The substance of the
limitations included in this paragraph shall be plainly printed,
written, engraved, or reproduced on each bond and in any
disclosure document prepared in conjunction with the offer
and sale of bonds.
(2) Neither the proceeds of bonds issued under this
chapter nor any money used or to be used to pay the
principal of, premium, if any, or interest on the bonds shall
constitute public money or property. All of such money
shall be kept segregated and set apart from funds of the state
and any political subdivision of the state and shall not be
subject to appropriation or allotment by the state or subject
to the provisions of chapter 43.88 RCW.
(3) Contracts entered into by the authority shall be
entered into in the name of the authority and not in the name
of the state. The obligations of the authority under such
contracts shall be obligations only of the authority and shall
not, in any way, constitute obligations of the state. [1989 c
279 § 15.]
43.163.150 Nonrecourse revenue bonds—Financing
documents, scope. The authority may enter into financing
documents with borrowers regarding bonds issued by the
authority that may provide for the payment by each borrower
(2002 Ed.)
43.163.130
of amounts sufficient, together with other revenues available
to the authority, if any, to: (1) Pay the borrower’s share of
the fees established by the authority; (2) pay the principal of,
premium, if any, and interest on outstanding bonds of the
authority issued in respect of such borrower as the same
shall become due and payable; and (3) create and maintain
reserves required or provided for by the authority in connection with the issuance of such bonds. The payments shall
not be subject to supervision or regulation by any department, committee, board, body, bureau, or agency of the state
other than the authority. [1989 c 279 § 16.]
43.163.160 Nonrecourse revenue bonds—Money
received shall be trust funds. All money received by or on
behalf of the authority with respect to this issuance of its
bonds shall be trust funds to be held and applied solely as
provided in this chapter. The authority, in lieu of receiving
and applying the moneys itself, may enter into trust agreement or indenture with one or more banks or trust companies
having the power and authority to conduct trust business in
the state to:
(1) Perform all of any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment and application of the proceeds of the
bonds and money paid by a participant or available from
other sources for the payment of the bonds; (c) the enforcement of the obligations of a borrower in connection with the
financing or refinancing of any project; and (d) other matters
relating to the exercise of the authority’s powers under this
chapter;
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the owners of
bonds of the authority for purposes of assuring or enforcing
the payment of the bonds, when due. [1989 c 279 § 17.]
43.163.170 Nonrecourse revenue bonds—Owner
and trustee, enforcement of rights. Any owner of bonds
of the authority issued under this chapter, and the trustee
under any trust agreement or indenture, may, either at law or
in equity, by suit, action, mandamus or other proceeding,
protect and enforce any of their respective rights, and may
become the purchaser at any foreclosure sale if the person is
the highest bidder, except to the extent the rights given are
restricted by the authority in any bond resolution or trust
agreement or indenture authorizing the issuance of the bonds.
[1989 c 279 § 18.]
43.163.180 Nonrecourse revenue bonds as legal
investment. The bonds or [of] the authority are securities
in which all public officers and bodies of this state and all
counties, cities, municipal corporations and political subdivisions, all banks, eligible banking organizations, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies, insurance companies and associations, and all
executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or
other funds belonging to them or within their control. [1989
c 279 § 19.]
[Title 43 RCW—page 529]
43.163.190
Title 43 RCW: State Government—Executive
43.163.190 Chapter as an alternative bond issuance
method. This chapter provides a complete, additional and
alternative method for accomplishing the purposes of this
chapter and shall be regarded as supplemental and additional
to powers conferred by other laws. The issuance of bonds
and refunding bonds under this chapter need not comply
with the requirements of any other law applicable to the
issuance of bonds. [1989 c 279 § 20.]
43.163.200 Construction. Insofar as the provisions of
this chapter are inconsistent with the provisions of any
general or special law, or parts thereof, the provisions of this
chapter are controlling. [1989 c 279 § 21.]
43.163.210 Nonrecourse revenue bond financing—
Economic development activities—New products. For the
purpose of facilitating economic development in the state of
Washington and encouraging the employment of Washington
workers at meaningful wages:
(1) The authority may develop and conduct a program
or programs to provide nonrecourse revenue bond financing
for the project costs for economic development activities.
(2) The authority may develop and conduct a program
that will stimulate and encourage the development of new
products within Washington state by the infusion of financial
aid for invention and innovation in situations in which the
financial aid would not otherwise be reasonably available
from commercial sources. The authority is authorized to
provide nonrecourse revenue bond financing for this program.
(a) For the purposes of this program, the authority shall
have the following powers and duties:
(i) To enter into financing agreements with eligible
persons doing business in Washington state, upon terms and
on conditions consistent with the purposes of this chapter,
for the advancement of financial and other assistance to the
persons for the development of specific products, procedures,
and techniques, to be developed and produced in this state,
and to condition the agreements upon contractual assurances
that the benefits of increasing or maintaining employment
and tax revenues shall remain in this state and accrue to it;
(ii) Own, possess, and take license in patents, copyrights, and proprietary processes and negotiate and enter into
contracts and establish charges for the use of the patents,
copyrights, and proprietary processes when the patents and
licenses for products result from assistance provided by the
authority;
(iii) Negotiate royalty payments to the authority on
patents and licenses for products arising as a result of
assistance provided by the authority;
(iv) Negotiate and enter into other types of contracts
with eligible persons that assure that public benefits will
result from the provision of services by the authority;
provided that the contracts are consistent with the state
Constitution;
(v) Encourage and provide technical assistance to
eligible persons in the process of developing new products;
(vi) Refer eligible persons to researchers or laboratories
for the purpose of testing and evaluating new products,
processes, or innovations; and
[Title 43 RCW—page 530]
(vii) To the extent permitted under its contract with
eligible persons, to consent to a termination, modification,
forgiveness, or other change of a term of a contractual right,
payment, royalty, contract, or agreement of any kind to
which the authority is a party.
(b) Eligible persons seeking financial and other assistance under this program shall forward an application,
together with an application fee prescribed by rule, to the
authority. An investigation and report concerning the advisability of approving an application for assistance shall be
completed by the staff of the authority. The investigation
and report may include, but is not limited to, facts about the
company under consideration as its history, wage standards,
job opportunities, stability of employment, past and present
financial condition and structure, pro forma income statements, present and future markets and prospects, integrity of
management as well as the feasibility of the proposed
product and invention to be granted financial aid, including
the state of development of the product as well as the
likelihood of its commercial feasibility. After receipt and
consideration of the report set out in this subsection and after
other action as is deemed appropriate, the application shall
be approved or denied by the authority. The applicant shall
be promptly notified of action by the authority. In making
the decision as to approval or denial of an application,
priority shall be given to those persons operating or planning
to operate businesses of special importance to Washington’s
economy, including, but not limited to: (i) Existing resource-based industries of agriculture, forestry, and fisheries;
(ii) existing advanced technology industries of electronics,
computer and instrument manufacturing, computer software,
and information and design; and (iii) emerging industries
such as environmental technology, biotechnology, biomedical
sciences, materials sciences, and optics.
(3) The authority may also develop and implement, if
authorized by the legislature, such other economic development financing programs adopted in future general plans of
economic development finance objectives developed under
RCW 43.163.090.
(4) The authority may not issue any bonds for the
programs authorized under this section after June 30, 2006.
[2001 c 304 § 3; 1998 c 48 § 2; 1997 c 257 § 2; 1996 c 310
§ 1; 1994 c 238 § 4.]
Effective date—2001 c 304: See note following RCW 43.163.090.
Effective date—1996 c 310 § 1: "Section 1 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [March 30, 1996]." [1996 c 310 § 3.]
Severability—Effective date—1994 c 238: See notes following
RCW 43.163.010.
43.163.901 Severability—1989 c 279. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1989 c 279 § 26.]
(2002 Ed.)
Community Revitalization Team—Assistance to Distressed Areas
Chapter 43.165
COMMUNITY REVITALIZATION TEAM—
ASSISTANCE TO DISTRESSED AREAS
Sections
43.165.010 Definitions.
43.165.010 Definitions. Unless the context clearly
requires to the contrary, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Director" means the director of the department.
(3) "Distressed area" means: (a) A county that has an
unemployment rate that is twenty percent above the statewide average for the previous three years; (b) a county that
has a median household income that is less than seventy-five
percent of the state median household income for the
previous three years; (c) a community or area that has
experienced sudden and severe or long-term and severe loss
of employment, or erosion of its economic base due to
decline of its dominant industries; or (d) an area within a
county which area: (i) Is composed of contiguous census
tracts; (ii) has a minimum population of five thousand
persons; (iii) has at least seventy percent of its families and
unrelated individuals with incomes below eighty percent of
the county’s median income for families and unrelated
individuals; and (iv) has an unemployment rate which is at
least forty percent higher than the county’s unemployment
rate. For purposes of this definition, "families and unrelated
individuals" has the same meaning that is ascribed to that
term by the federal department of housing and urban
development in its regulations authorizing action grants for
economic development and neighborhood revitalization
projects.
(4) "Economic development revolving loan funds"
means a local, not-for-profit or governmentally sponsored
business loan program.
(5) "Team" means the community revitalization team.
(6) "Technical assistance" includes, but is not limited to,
assistance with strategic planning, market research, business
plan development review, organization and management
development, accounting and legal services, grant and loan
packaging, and other assistance which may be expected to
contribute to the redevelopment and economic well-being of
a distressed area. [1996 c 290 § 2; 1995 c 399 § 91; 1987
c 461 § 1; 1985 c 229 § 1.]
Chapter 43.168
WASHINGTON STATE DEVELOPMENT LOAN
FUND COMMITTEE
Sections
43.168.010 Legislative findings and declaration.
43.168.020 Definitions.
43.168.031 State development loan fund committee—Terminated June
30, 1994—Powers and duties transferred.
43.168.040 Approval of applications for federal community development block grant funds for projects.
43.168.050 Application approval—Conditions and limitations.
43.168.055 Application priorities.
43.168.060 Staff support and other duties of department—Rules.
(2002 Ed.)
Chapter 43.165
43.168.070
43.168.090
43.168.100
43.168.110
43.168.120
Processing of applications—Contents of applications.
Availability of funds for committee use.
Entitlement community grants—Conditions.
Rural Washington loan fund.
Guidelines for use of funds for existing economic development revolving loan funds—Grants to local governments
to assist existing economic development revolving loan
funds.
43.168.130 Development of performance standards.
43.168.150 Minority and women-owned businesses—Application process—Joint loan guarantee program.
43.168.900 Severability—1985 c 164.
Community economic revitalization board to cooperate with committee:
RCW 43.160.115.
Public disclosure: RCW 42.17.310.
43.168.010 Legislative findings and declaration.
The legislature finds that:
(1) The economic health and well-being of the state,
particularly in areas of high unemployment, economic
stagnation, and poverty, is of substantial public concern.
(2) The consequences of minimal economic activity and
persistent unemployment and underemployment are serious
threats to the safety, health, and welfare of residents of these
areas, decreasing the value of private investments and
jeopardizing the sources of public revenue.
(3) The economic and social interdependence of
communities and the vitality of industrial and economic
activity necessitates, and is in part dependent on preventing
substantial dislocation of residents and rebuilding the
diversification of the areas’ economy.
(4) The ability to remedy problems in stagnant areas of
the state is beyond the power and control of the regulatory
process and influence of the state, and the ordinary operations of private enterprise without additional governmental
assistance are insufficient to adequately remedy the problems
of poverty and unemployment.
(5) The revitalization of depressed communities requires
the stimulation of private investment, the development of
new business ventures, the provision of capital to ventures
sponsored by local organizations and capable of growth in
the business markets, and assistance to viable, but under-financed, small businesses in order to create and preserve jobs
that are sustainable in the local economy.
Therefore, the legislature declares there to be a substantial public purpose in providing capital to promote economic
development and job creation in areas of economic stagnation, unemployment, and poverty. To accomplish this
purpose, the legislature hereby creates the rural Washington
loan fund and vests in the department of community, trade,
and economic development the authority to spend federal
funds to stimulate the economy of distressed areas. [1999 c
164 § 501; 1985 c 164 § 1.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Director" means the director of community, trade,
and economic development.
[Title 43 RCW—page 531]
43.168.020
Title 43 RCW: State Government—Executive
(3) "Distressed area" means: (a) A rural county; (b) a
county which has an unemployment rate which is twenty
percent above the state average for the immediately previous
three years; (c) a county that has a median household income
that is less than seventy-five percent of the state median
household income for the previous three years; (d) a metropolitan statistical area, as defined by the office of federal
statistical policy and standards, United States department of
commerce, in which the average level of unemployment for
the calendar year immediately preceding the year in which
an application is filed under this chapter exceeds the average
state unemployment for such calendar year by twenty percent; (e) an area within a county, which area: (i) Is composed of contiguous census tracts; (ii) has a minimum
population of five thousand persons; (iii) has at least seventy
percent of its families and unrelated individuals with
incomes below eighty percent of the county’s median income
for families and unrelated individuals; and (iv) has an
unemployment rate which is at least forty percent higher
than the county’s unemployment rate; or (f) a county
designated as a rural natural resources impact area under
*RCW 43.31.601 if an application is filed by July 1, 1997.
For purposes of this definition, "families and unrelated
individuals" has the same meaning that is ascribed to that
term by the federal department of housing and urban
development in its regulations authorizing action grants for
economic development and neighborhood revitalization projects.
(4) "Fund" means the rural Washington loan fund.
(5) "Local development organization" means a nonprofit
organization which is organized to operate within an area,
demonstrates a commitment to a long-standing effort for an
economic development program, and makes a demonstrable
effort to assist in the employment of unemployed or underemployed residents in an area.
(6) "Project" means the establishment of a new or
expanded business in an area which when completed will
provide employment opportunities. "Project" also means the
retention of an existing business in an area which when
completed will provide employment opportunities.
(7) "Rural county" means a county with a population
density of fewer that one hundred persons per square mile as
determined by the office of financial management. [1999 c
164 § 502; 1996 c 290 § 3; 1995 c 226 § 27; 1993 c 280 §
56; 1991 c 314 § 19; 1988 c 42 § 18; 1987 c 461 § 2; 1985
c 164 § 2.]
*Reviser’s note: RCW 43.31.601 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
Findings—1991 c 314: See note following RCW 43.160.020.
Severability—1988 c 42: See note following RCW 4.24.480.
43.168.031 State development loan fund committee—Terminated June 30, 1994—Powers and duties
transferred. The Washington state development loan fund
committee shall be terminated on June 30, 1994, and its
[Title 43 RCW—page 532]
powers and duties transferred to the director of the department of community, trade, and economic development.
[1995 c 399 § 92; 1988 c 186 § 7.]
43.168.040 Approval of applications for federal
community development block grant funds for projects.
Subject to the restrictions contained in this chapter, the
committee is authorized to approve applications of local governments for federal community development block grant
funds which the local governments would use to make loans
to finance business projects within their jurisdictions.
Applications approved by the committee under this chapter
shall conform to applicable federal requirements. [1987 c
461 § 3; 1985 c 164 § 4.]
43.168.050 Application approval—Conditions and
limitations. (1) The committee may only approve an
application providing a loan for a project which the committee finds:
(a) Will result in the creation of employment opportunities, the maintenance of threatened employment, or development or expansion of business ownership by minorities and
women;
(b) Has been approved by the director as conforming to
federal rules and regulations governing the spending of
federal community development block grant funds;
(c) Will be of public benefit and for a public purpose,
and that the benefits, including increased or maintained
employment, improved standard of living, the employment
of disadvantaged workers, and development or expansion of
business ownership by minorities and women, will primarily
accrue to residents of the area;
(d) Will probably be successful;
(e) Would probably not be completed without the loan
because other capital or financing at feasible terms is
unavailable or the return on investment is inadequate.
(2) The committee shall, subject to federal block grant
criteria, give higher priority to economic development
projects that contain provisions for child care.
(3) The committee may not approve an application if it
fails to provide for adequate reporting or disclosure of
financial data to the committee. The committee may require
an annual or other periodic audit of the project books.
(4) The committee may require that the project be
managed in whole or in part by a local development organization and may prescribe a management fee to be paid to
such organization by the recipient of the loan or grant.
(5)(a) Except as provided in (b) of this subsection, the
committee shall not approve any application which would
result in a loan or grant in excess of three hundred fifty
thousand dollars.
(b) The committee may approve an application which
results in a loan or grant of up to seven hundred thousand
dollars if the application has been approved by the director.
(6) The committee shall fix the terms and rates pertaining to its loans.
(7) Should there be more demand for loans than funds
available for lending, the committee shall provide loans for
those projects which will lead to the greatest amount of
employment or benefit to a community. In determining the
"greatest amount of employment or benefit" the committee
(2002 Ed.)
Washington State Development Loan Fund Committee
shall also consider the employment which would be saved by
its loan and the benefit relative to the community, not just
the total number of new jobs or jobs saved.
(8) To the extent permitted under federal law the
committee shall require applicants to provide for the transfer
of all payments of principal and interest on loans to the
*Washington state development loan fund created under this
chapter. Under circumstances where the federal law does
not permit the committee to require such transfer, the
committee shall give priority to applications where the applicants on their own volition make commitments to provide
for the transfer.
(9) The committee shall not approve any application to
finance or help finance a shopping mall.
(10) For loans not made to minority and women-owned
businesses, the committee shall make at least eighty percent
of the appropriated funds available to projects located in
distressed areas, and may make up to twenty percent
available to projects located in areas not designated as
distressed. For loans not made to minority and womenowned businesses, the committee shall not make funds
available to projects located in areas not designated as
distressed if the fund’s net worth is less than seven million
one hundred thousand dollars.
(11) If an objection is raised to a project on the basis of
unfair business competition, the committee shall evaluate the
potential impact of a project on similar businesses located in
the local market area. A grant may be denied by the committee if a project is not likely to result in a net increase in
employment within a local market area.
(12) For loans to minority and women-owned businesses
who do not meet the credit criteria, the committee may
consider nontraditional credit standards to offset past
discrimination that has precluded full participation of
minority or women-owned businesses in the economy. For
applicants with high potential who do not meet the credit
criteria, the committee shall consider developing alternative
borrowing methods. For applicants denied loans due to
credit problems, the committee shall provide financial
counseling within available resources and provide referrals
to credit rehabilitation services. In circumstances of competing applications, priority shall be given to members of
eligible groups which previously have been least served by
this fund. [1993 c 512 § 12; 1990 1st ex.s. c 17 § 74; 1989
c 430 § 9; 1987 c 461 § 4; 1986 c 204 § 2; 1985 c 164 § 5.]
*Reviser’s note: The "Washington state development loan fund" was
renamed the "rural Washington loan fund" pursuant to 1999 c 164 § 504.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.168.055 Application priorities. In addition to the
requirements of RCW 43.168.050, the department shall,
subject to applicable federal funding criteria, give priority to
applications that capitalize or recapitalize an existing or new
local revolving fund based on criteria established by the
department. [1999 c 164 § 503.]
(2002 Ed.)
43.168.050
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.060 Staff support and other duties of
department—Rules. The department shall provide adequate
and appropriate staff and other support to the committee. A
record of committee proceedings shall be maintained by the
department. The department is encouraged to work with
local development organizations to promote applications for
loans by the fund. The department shall also provide assistance to local development organizations and local
governments to identify viable projects for consideration by
the committee. The department shall adopt such rules and
regulations as are appropriate for the committee to carry out
its authority under this chapter. [1985 c 164 § 6.]
43.168.070 Processing of applications—Contents of
applications. The committee may receive and approve
applications on a monthly basis but shall receive and
approve applications on at least a quarterly basis for each
fiscal year. The committee shall make every effort to
simplify the loan process for applicants. Department staff
shall process and assist in the preparation of applications.
Each application shall show in detail the nature of the
project, the types and numbers of jobs to be created, wages
to be paid to new employees, and methods to hire unemployed persons from the area. Each application shall contain
a credit analysis of the business to receive the loan. The
chairperson of the committee may convene the committee on
short notice to respond to applications of a serious or
immediate nature. [1993 c 512 § 14; 1987 c 461 § 5; 1985
c 164 § 7.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.168.090 Availability of funds for committee use.
The department shall make available for use by the committee an amount of federal community development block
grant funds equal to the amount of state funds transferred or
appropriated to the department for purposes of supplementing the department’s block grant funds. [1985 c 164 § 9.]
43.168.100 Entitlement community grants—
Conditions. The committee may make grants of state funds
to local governments which qualify as "entitlement communities" under the federal law authorizing community development block grants. These grants may only be made on the
condition that the entitlement community provide the
committee with assurances that it will: (1) Spend the grant
moneys for purposes and in a manner which satisfies state
constitutional requirements; (2) spend the grant moneys for
purposes and in a manner which would satisfy federal requirements; and (3) spend at least the same amount of the
grant for loans to businesses from the federal funds received
by the entitlement community. [1993 c 512 § 15; 1986 c
204 § 1; 1985 c 164 § 10.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
[Title 43 RCW—page 533]
43.168.110
Title 43 RCW: State Government—Executive
43.168.110 Rural Washington loan fund. There is
established the rural Washington loan fund which shall be an
account in the state treasury. All loan payments of principal
and interest which are transferred under RCW 43.168.050
shall be deposited into the account. Moneys in the account
may be spent only after legislative appropriation for loans
under this chapter. Any expenditures of these moneys shall
conform to federal law. [1999 c 164 § 504; 1992 c 235 §
11; 1985 c 164 § 11.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.120 Guidelines for use of funds for existing
economic development revolving loan funds—Grants to
local governments to assist existing economic development revolving loan funds. (1) The department shall
develop guidelines for rural Washington loan funds to be
used to fund existing economic development revolving loan
funds. Consideration shall be given to the selection process
for grantees, loan quality criteria, legal and regulatory issues,
and ways to minimize duplication between rural Washington
loan funds and local economic development revolving loan
funds.
(2) If it appears that all of the funds appropriated to the
fund for a biennium will not be fully granted to local
governments within that biennium, the department may make
available up to twenty percent of the eighty percent of the
funds available to projects in distressed areas under RCW
43.168.050(10) for grants to local governments to assist
existing economic development revolving loan funds in distressed areas. The grants to local governments shall be
utilized to make loans to businesses that meet the specifications for loans under this chapter. The local governments
shall, to the extent permitted under federal law, agree to
convey to the fund the principal and interest payments from
existing loans that the local governments have made through
their revolving loan funds. Under circumstances where the
federal law does not permit the department to require such
transfer, the department shall give priority to applications
where the applicants on their own volition make commitments to provide for the transfer. [1999 c 164 § 505; 1987
c 461 § 6.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.130 Development of performance standards.
The committee shall develop performance standards for
judging the effectiveness of the program. Such standards
shall include, to the extent possible, examining the effectiveness of grants in regard to:
(1) Job creation for individuals of low and moderate
income;
(2) Retention of existing employment;
(3) The creation of new employment opportunities;
(4) The diversification of the economic base of local
communities;
(5) The establishment of employee cooperatives;
(6) The provision of assistance in cases of employee
buy-outs of firms to prevent the loss of existing employment;
[Title 43 RCW—page 534]
(7) The degree of risk assumed by the *development
loan fund, with emphasis on loans which did not receive
financing from commercial lenders, but which are considered
financially sound. [1998 c 245 § 52; 1987 c 461 § 7.]
*Reviser’s note: The "Washington state development loan fund" was
renamed the "rural Washington loan fund" pursuant to 1999 c 164 § 504.
43.168.150 Minority and women-owned businesses—Application process—Joint loan guarantee program.
Subject to the restrictions contained in this chapter, the
committee is authorized to approve applications of minority
and women-owned businesses for loans or loan guarantees
from the fund. Applications approved by the committee
under this chapter shall conform to applicable federal
requirements. The committee shall prioritize available funds
for loan guarantees rather than loans when possible. The
committee may enter into agreements with other public or
private lending institutions to develop a joint loan guarantee
program for minority and women-owned businesses. If such
a program is developed, the committee may provide funds,
in conjunction with the other organizations, to operate the
program. This section does not preclude the committee from
making individual loan guarantees.
To the maximum extent practicable, the funds available
under this section shall be made available on an equal basis
to minority and women-owned businesses. The committee
shall submit to the appropriate committees of the senate and
house of representatives quarterly reports that detail the number of loans approved and the characteristics of the recipients
by ethnic and gender groups. [1993 c 512 § 13.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.168.900 Severability—1985 c 164. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1985 c 164 § 15.]
Chapter 43.170
SMALL BUSINESS INNOVATORS’
OPPORTUNITY PROGRAM
Sections
43.170.010 Legislative findings.
43.170.020 Definitions.
43.170.030 Small business innovators’ opportunity program—Pilot project established—Composition and structure—User fee.
43.170.040 Chairman of program.
43.170.060 Eligibility.
43.170.070 Referral to investment opportunities office.
43.170.010 Legislative findings. The legislature
recognizes the numerous benefits to the state’s economic
base from the establishment of small businesses by innovators and inventors and the numerous benefits provided by inventors and innovators through industrial diversification,
broadening of the economic base, and providing financial
benefits to our citizens and new products to the nation’s
consumers.
It is estimated that ninety-five percent of all inventions
and innovations are never authoritatively considered primari(2002 Ed.)
Small Business Innovators’ Opportunity Program
ly because inventors are unfamiliar with the business
environment or financial structure necessary for implementing their proposals.
The legislature therefore recognizes a need to encourage
and assist innovators and inventors. [1982 c 44 § 1.]
43.170.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Director" means the director of community, trade,
and economic development.
(3) "Program" means the small business innovators’
opportunity program.
(4) "Inventor" or "innovator" means one who thinks of,
imagines, or creates something new which may result in a
device, contrivance, or process for the first time, through the
use of the imagination or ingenious thinking and experimentation.
(5) "Proposal" means a plan provided by an inventor or
innovator on an idea for an invention or an improvement.
(6) "Higher education" means any university, college,
community college, or technical institute in this state. [1995
c 399 § 93; 1985 c 466 § 60; 1982 c 44 § 2.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.170.030 Small business innovators’ opportunity
program—Pilot project established—Composition and
structure—User fee. The department, in cooperation with
institutions of higher education, shall establish as a pilot
project a small business innovators’ opportunity program to
provide a professional research and counseling service on a
user fee basis to inventors, innovators, and the business
community.
The composition and organizational structure of the
program shall be determined by the department in a manner
which will foster the continuation of the program without
state funding at the end of the pilot project established by
this chapter. The department shall provide staff support for
the program for the duration of the pilot project. The
program shall:
(1) Receive proposals from inventors and innovators;
(2) Review proposals for accuracy and evaluate their
prospects for marketability;
(3) Cooperate with institutions of higher education to
evaluate proposals for marketability, suitability for patent
rights, and for the provision of professional research and
counseling;
(4) Provide assistance to the innovators and inventors as
appropriate; and
(5) Have the power to receive funds, contract with
institutions of higher education, and carry out such other
duties as are deemed necessary to implement this chapter.
The user fee shall be set by the director in an amount
which is designed to recover the cost of the services provided. [1995 c 399 § 94; 1985 c 466 § 61; 1982 c 44 § 3.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
(2002 Ed.)
43.170.010
43.170.040 Chairman of program. The director shall
be the chairman of the program during the pilot project.
[1982 c 44 § 4.]
43.170.060 Eligibility. Only businesses with fifty
employees or less which are not subsidiaries of another
business and individuals are eligible to participate in the
program. [1982 c 44 § 6.]
43.170.070 Referral to investment opportunities
office. Any innovation or inventor receiving assistance
under this program shall be referred to the investment opportunities office operated by the department. [1995 c 399
§ 95; 1989 c 312 § 9.]
Severability—1989 c 312: See note following RCW 43.31.403.
Investment opportunities office: RCW 43.31.403.
Chapter 43.172
MINORITY AND WOMEN-OWNED BUSINESSES—
SMALL BUSINESS BONDING
ASSISTANCE PROGRAM
Sections
43.172.005
43.172.010
43.172.011
43.172.020
Intent.
Definitions.
Definitions—Bonding program.
Small business bonding assistance program—
Implementation—Rules.
43.172.030 Assistance from other agencies.
43.172.040 Entrepreneurial training course.
43.172.050 Entrepreneurial accreditation of small contracting businesses.
43.172.060 Professional services assistance—One-time grants.
43.172.070 Grant administration.
43.172.080 Bond guarantees—Generally.
43.172.090 Bond guarantees—Approval process.
43.172.100 Small business bonding assistance program fund—
Expenditures.
43.172.110 Small business bonding assistance program fund—Support.
43.172.120 Gifts, grants, endowments.
43.172.900 Short title—1993 c 512.
43.172.901 Part headings and section captions—1993 c 512.
43.172.902 Severability—1993 c 512.
43.172.903 Effective date—1993 c 512.
Minority and women business development office: RCW 43.31.0925.
43.172.005 Intent. It is the intent of the legislature to
combat discrimination in the economy.
(1) The legislature finds that discrimination is in part
responsible for:
(a) The disproportionately small percentage of the
state’s businesses that are owned by minorities and women;
(b) The limited and unequal opportunity minority and
women entrepreneurs and business owners have to procure
small business financing; and
(c) The difficulty many minority and women-owned
contracting businesses have in securing bonds and contract
work.
(2) The legislature further finds that:
(a) Many minority and women entrepreneurs and
business owners lack training in how to establish and operate
a business. This lack of training inhibits their competitiveness when they apply for business loans, bonds, and
contracts;
[Title 43 RCW—page 535]
43.172.005
Title 43 RCW: State Government—Executive
(b) Minorities and women are an increasingly expanding
portion of the population and work force. In order for these
individuals to fully contribute to the society and economy it
is necessary to ensure that minority and women entrepreneurs and business owners are provided an equal opportunity
to procure small business financing, bonds, and contracts;
and
(c) The growth of small businesses will have a favorable
impact on the Washington economy by creating jobs,
increasing competition in the marketplace, and expanding tax
revenues. Access to financial markets, bonds, and contracts
by entrepreneurs and small business owners is vital to this
process. Without reasonable access to financing, bonds, and
contracts, talented and aggressive entrepreneurs and small
business owners are cut out of the economic system and the
state’s economy suffers.
(3) Therefore, the legislature declares there to be a
substantial public purpose in providing technical assistance
in the areas of marketing, finance, and management, and
access to capital resources, bonds, and contracts, to help start
or expand a minority or women-owned business, and
specifically to encourage and make possible greater participation by minorities and women in international trade, public
works and construction, and public facility concessions. To
accomplish these purposes, it is the intent of the legislature
to:
(a) Develop or contract for training courses in financing,
marketing, managing, accounting, and recordkeeping for a
small business and to make these programs available to
minority and women entrepreneurs and small business
owners;
(b) Make public works and construction projects, public
facility concessions, and purchase of goods and services
accessible to a greater number of minority and womenowned businesses;
(c) Provide for the lending of nonstate funds to qualified
minority and women entrepreneurs and business owners in
order to provide the maximum practicable opportunity for
innovative minority and women entrepreneurs and business
owners to compete for small business financing; and
(d) Provide professional services assistance grants and
bond guarantees on behalf of qualified contractors in order
to provide the maximum practicable opportunity for minority
and women-owned contracting businesses to participate in
the Washington state economy by bidding and completing
various public and private contracting jobs. [1993 c 512 §
1.]
Linked deposit program: RCW 43.86A.060.
43.172.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Minority" means persons of color, including
African-Americans, Hispanic/Latino Americans, Native
Americans, and Asian/Pacific Islanders Americans;
(2) "Minority and women-owned business" means any
resident minority business enterprise or women’s business
enterprise, certified as such by the office of minority and
women’s business enterprises under chapter 39.19 RCW and
consistent with subsection (1) of this section. [1993 c 512
§ 2.]
[Title 43 RCW—page 536]
43.172.011 Definitions—Bonding program. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 43.172.020 through
43.172.110.
(1) "Approved surety company" means a surety company approved by the department for participation in providing
direct bonding assistance to qualified contractors.
(2) "Bond" means any bond or security required for bid,
payment, or performance of contracts.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Program" means the Washington state small
business bonding assistance program provided for in this
chapter.
(5) "Qualified contractor" means any resident minority
business enterprise or women’s business enterprise, as
determined by the department to be consistent with the
requirements of chapter 39.19 RCW and engaged in the
contracting business, which has obtained a certificate of
accreditation from the Washington state small business
bonding assistance program. [1995 c 399 § 96; 1993 c 512
§ 16.]
43.172.020 Small business bonding assistance
program—Implementation—Rules. There is established
within the department the Washington state small business
bonding assistance program to assist resident minority and
women-owned small contracting businesses to acquire the
managerial and financial skills, standards, and assistance
necessary to enable them to obtain bid, payment, and
performance bonds from surety companies for either advertised or designated contracts. The department shall implement the program by establishing a course of instruction as
set forth in RCW 43.172.040. The department shall encourage surety companies and other private interests to help
implement this course of instruction to assist minority and
women-owned small contracting businesses. The department
shall adopt rules to ensure the proper implementation of the
program set forth in this chapter. [1995 c 399 § 97; 1993 c
512 § 17.]
43.172.030 Assistance from other agencies. The
department shall seek information, advice, and assistance
from regional minority contractor organizations, and the
United States small business administration and any other
appropriate organization or agency.
The following departments, offices, and agencies shall,
at the request of the department, provide information, advice,
and assistance to the department:
(1) The department of general administration;
(2) The Washington state *business assistance center;
(3) The office of the insurance commissioner;
(4) The Washington state economic development finance
authority; and
(5) The office of minority and women’s business
enterprises. [1993 c 512 § 18.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
(2002 Ed.)
Minority and Women-Owned Businesses—Small Business Bonding Assistance Program
43.172.040 Entrepreneurial training course. The
*business assistance center shall modify the entrepreneurial
training course established in RCW 43.31.093 in order to
provide instruction which is appropriate to the specific needs
of contracting businesses. This course of instruction shall be
available to resident minority and women-owned small
business contractors. The instruction shall be intensive,
practical training courses in financing, bidding for contracts,
managing, accounting, and recordkeeping for a contracting
business, with an emphasis on federal, state, local, or private
programs available to assist small contractors. The *business assistance center shall appoint professional instructors,
with practical knowledge and experience in the field of small
business contracting, to teach those courses developed to
meet the specific needs of contracting businesses. Instruction shall be offered in major population centers throughout
the state at times and locations which are convenient for
people in the contracting business. [1993 c 512 § 19.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.172.050 Entrepreneurial accreditation of small
contracting businesses. Any resident minority or womenowned small business contractor may select a key management employee or employees to attend any course of
instruction established under RCW 43.31.093. When the
records, maintained by the *business assistance center,
indicate that a key management employee of a small
contracting business has attended all the courses offered, and
has successfully completed any tests required, the department
shall award the small contracting business a certificate of
accreditation which acknowledges successful completion of
the courses. The department may also award a certificate of
accreditation if a review of the key management employee’s
education, experience, and business history indicates that the
business already possesses the knowledge and skills offered
through the course of instruction, or if the key management
employee successfully completes all tests required of those
who attend the entrepreneurial training course. [1993 c 512
§ 20.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.172.060 Professional services assistance—Onetime grants. Any qualified contractor seeking a grant for
professional services assistance may apply to the department.
If approved, the department may enter into an agreement to
provide a grant of up to two thousand five hundred dollars
on behalf of a qualified contractor for the acquisition of the
professional services of certified public accountants, construction management companies, or any other technical,
surety, financial, or managerial professionals. This assistance is only available to a qualified contractor on a onetime basis. [1993 c 512 § 21.]
43.172.070 Grant administration. The department
shall administer all grants issued to assist qualified contractors and shall monitor the performance of all grant recipients
(2002 Ed.)
43.172.040
in order to provide such further assistance as is necessary to
ensure that all program requirements are met and that the
program’s purpose is fulfilled. However, nothing in this
chapter should be construed to restrict the rendering of
program services to any qualified contractor over and above
the services provided by the grant. [1993 c 512 § 22.]
43.172.080 Bond guarantees—Generally. If a
qualified contractor makes a bond application to an approved
surety company for a public or private contracting job, but
fails to obtain the bond because the contractor is unable to
meet the requirements of the surety company on such
bonding contracts, for reasons other than nonperformance,
and if the approved surety company applies to the department to have the bond guaranteed by the program, then the
department may provide a bond guarantee of up to seventyfive thousand dollars on behalf of the qualified contractor.
[1993 c 512 § 23.]
43.172.090 Bond guarantees—Approval process.
Upon receipt of an approved surety company’s application
for a bond guarantee, the program supervisor shall review
the application in order to verify that:
(1) The bond being sought by the qualified contractor is
needed;
(2) The contracting job is within the qualified
contractor’s capability to perform; and
(3) The qualified contractor has not been denied a bond
due to nonperformance.
Based upon subsections (1) through (3) of this section,
the department shall either approve or disapprove the
application. If the application is approved, the department
has the authority to enter into a contract with the approved
surety company. Under the terms of this contract the
approved surety company shall enter into a contract with,
and issue the required bond to, the qualified contractor at the
standard fees and charges usually made by the company for
the type and amount of the bond issued. The bond issued by
the approved surety company shall be guaranteed by money
in the program fund. The approved surety company shall
also agree to make a reasonable, good faith effort to pursue
and collect any claims it may have against a qualified
contractor who defaults on a bond guaranteed by the program, including, but not limited to, the institution of legal
proceedings against the defaulting contractor, prior to
collecting on the guarantee. [1993 c 512 § 24.]
43.172.100 Small business bonding assistance
program fund—Expenditures. The Washington state small
business bonding assistance program fund is created in the
state treasury. Any amounts appropriated, donated, or
granted to the program shall be deposited and credited to the
program fund. Moneys in the program fund may be spent
only after appropriation. Expenditures from the program
fund shall only be used as follows:
(1) To pay the implementation costs of the program
provided for in this chapter;
(2) To be disbursed by the department to enable
qualified contractors to obtain services provided for in this
chapter; and
[Title 43 RCW—page 537]
43.172.100
Title 43 RCW: State Government—Executive
(3) To guarantee bonds issued pursuant to RCW
43.172.080 and 43.172.090 and to pay such bonds in the
event of default by a qualified contractor.
However, the full faith and credit of the state of
Washington shall not be used to secure the bonds and the
state’s liability shall be limited to the money appropriated by
the legislature. [1993 c 512 § 25.]
43.172.110 Small business bonding assistance
program fund—Support. The department shall solicit
funds and support from surety companies and other public
and private entities with an interest in assisting Washington’s
small business contractors and may enter into agreements
with such companies and interests by which they provide
funds to the program fund to be matched with funds from
nonstate sources. [1993 c 512 § 26.]
43.172.120 Gifts, grants, endowments. The department may receive gifts, grants, and endowments from public
or private sources that may be made from time to time, in
trust or otherwise, for the use and benefit of the Washington
state small business bonding assistance program and spend
gifts, grants, endowments or any income from the public or
private sources according to their terms. [1993 c 512 § 27.]
43.172.900 Short title—1993 c 512. This act may be
known and cited as the omnibus minority and women-owned
businesses assistance act. [1993 c 512 § 38.]
43.172.901 Part headings and section captions—
1993 c 512. Part headings and section captions as used in
this act do not constitute part of the law. [1993 c 512 § 40.]
43.172.902 Severability—1993 c 512. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1993 c 512 § 41.]
43.172.903 Effective date—1993 c 512. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 512 § 42.]
Chapter 43.175
GOVERNOR’S SMALL BUSINESS
IMPROVEMENT COUNCIL
Sections
43.175.010 Governor’s small business improvement council—
Established—Membership—Travel expenses—Staff
support and administrative assistance.
43.175.020 Duties.
43.175.901 Severability—1984 c 282.
43.175.010 Governor’s small business improvement
council—Established—Membership—Travel expenses—
Staff support and administrative assistance. (1) There is
established the governor’s small business improvement
[Title 43 RCW—page 538]
council to consist of at least fifteen but not more than thirty
members, including one member of each caucus in the house
of representatives and the senate, to be appointed by the
governor. In making the appointments, the governor shall
consider the recommendations of business organizations and
persons operating small businesses, and provide for the
representation of women or members of minority groups,
and agribusiness concerns. The governor shall appoint ex
officio nonvoting members to the council from the various
state agencies with business assistance services or responsibilities. Members of the governor’s small business improvement council shall be appointed for terms of four years, but
the governor may modify the terms of the initial members as
necessary to achieve staggered terms.
(2) Members of the governor’s small business improvement council shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060 subject to
legislative appropriation.
(3) The office of the governor shall provide staff
support and administrative assistance to the council. [1987
c 348 § 6; 1985 c 466 § 62; 1984 c 282 § 7.]
Legislative findings—1987 c 348: "The Washington state legislature
finds that businesses are an integral part of the state’s economy which
promote economic development and are a primary source of employment
opportunities for the state’s citizens. The legislature further recognizes the
ability of state government to assist businesses and especially small
businesses by coordinating existing business programs and expanding
effective business services." [1987 c 348 § 1.]
Office of small business abolished—Transfer of functions—
References—1987 c 348: "The office of small business is hereby abolished
and its powers, duties, and functions are hereby transferred to the business
assistance center. All references to the office of small business in the
Revised Code of Washington shall be construed to mean the business
assistance center." [1987 c 348 § 9.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.175.020 Duties. The governor’s small business
improvement council shall seek to: Identify regulatory,
administrative, and legislative proposals that will improve the
entrepreneurial environment for small businesses; and advise
and comment on state business programs and the *business
assistance center on program policies, and services to assist
small businesses. In consultation with the *business assistance center and the appropriate standing committees of the
senate and house of representatives, the governor’s small
business improvement council may submit its proposals and
recommendations to the governor and the legislature. [1998
c 245 § 53; 1987 c 348 § 7; 1985 c 466 § 63; 1984 c 282 §
8.]
*Reviser’s note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Legislative findings—1987 c 348: See note following RCW
43.175.010.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.175.901 Severability—1984 c 282. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1984 c 282 § 17.]
(2002 Ed.)
Housing Finance Commission
Chapter 43.180
HOUSING FINANCE COMMISSION
Sections
43.180.010
43.180.020
43.180.030
43.180.040
43.180.050
43.180.060
43.180.070
43.180.080
43.180.090
43.180.100
43.180.110
43.180.120
43.180.130
43.180.140
43.180.150
43.180.160
43.180.170
43.180.180
43.180.190
43.180.200
43.180.220
43.180.230
43.180.240
Declaration of public policies—Purpose.
Definitions.
Bonds not debt of state.
Commission created.
Housing financing powers—Annual audit.
No power of eminent domain or taxation.
Housing finance plan.
General powers.
Selection of bond counsel—Written policies to be adopted.
Selection of underwriters—Written policies to be adopted.
Review of initial policies adopted under RCW 43.180.090
and 43.180.100—Adoption—Change.
Rules for fair allocation of bond proceeds for nonrental
single family housing.
Protection of bondholders—Mortgage insurance.
Rules for energy efficiency.
Bond issues—Terms—Issuance—Purchase, etc.
Debt limitation.
Bond issues—Disposition of proceeds—Special fund.
Bond issues—Disposition of revenues—Special trust fund.
Legal investments.
Internal revenue code.
Housing finance program—Mortgage financing—
Investments—Flexible loan underwriting guidelines.
Housing finance program—Program elements.
Housing finance program—Report to legislature annually—
Implementation.
NONPROFIT CORPORATION FACILITIES
43.180.300
43.180.310
43.180.320
43.180.330
43.180.340
43.180.350
43.180.360
43.180.900
43.180.901
43.180.902
43.180.903
43.180.904
Definitions.
Commission powers.
Revenue bonds.
Revenue refunding bonds.
Trust agreements.
Lessees or assignees.
Default.
Conflict with federal requirements.
Liberal construction.
Captions not part of law.
Severability—1983 c 161.
Effective dates—1983 c 161.
43.180.010 Declaration of public policies—Purpose.
It is declared to be the public policy of the state and a
recognized governmental function to assist in making
affordable and decent housing available throughout the state
and by so doing to contribute to the general welfare. Decent
housing for the people of our state is a most important
public concern. Interest rates and construction costs have
made it impossible for many Washington citizens to purchase their own homes. Older people, disabled persons, and
low and moderate income families often cannot afford to
rent decent housing. There exists throughout the state a
serious shortage of safe, sanitary and energy efficient housing available at prices within the financial means of our
citizens. General economic development within the state is
also impeded by a lack of affordable housing. The state’s
economy, which is dependent on the timber, wood products,
and construction industries, has been damaged by inadequate
investment in housing construction and rehabilitation. The
result has been high unemployment and economic hardship
affecting the prosperity of all the people of the state,
particularly those in the wood products industry.
It is the purpose of this chapter to establish a state housing finance commission to act as a financial conduit which,
(2002 Ed.)
Chapter 43.180
without using public funds or lending the credit of the state
or local government, can issue nonrecourse revenue bonds
and participate in federal, state, and local housing programs
and thereby make additional funds available at affordable
rates to help provide housing throughout the state. It is also
a primary purpose of this chapter to encourage the use of
Washington state forest products in residential construction.
This chapter is enacted to accomplish these and related
purposes and shall be liberally construed to carry out its
purposes and objectives. [1983 c 161 § 1.]
43.180.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bonds" means the bonds, notes, or other evidences
of indebtedness of the commission, the interest paid on
which may or may not qualify for tax exemption.
(2) "Code" means the federal internal revenue code of
1954, as now or hereafter amended, and the regulations and
rulings promulgated thereunder.
(3) "Commission" means the Washington state housing
finance commission or any board, body, commission,
department, or officer succeeding to the principal functions
thereof or to whom the powers conferred upon the commission shall be given by law.
(4) "Costs of housing" means all costs related to the
development, design, acquisition, construction, reconstruction, leasing, rehabilitation, and other improvements of
housing, as determined by the commission.
(5) "Eligible person" means a person or family eligible
in accordance with standards promulgated by the commission. Such persons shall include those persons whose
income is insufficient to obtain at a reasonable cost, without
financial assistance, decent, safe, and sanitary housing in the
area in which the person or family resides, and may include
such other persons whom the commission determines to be
eligible.
(6) "Housing" means specific new, existing, or improved
residential dwellings within this state or dwellings to be
constructed within this state. The term includes land,
buildings, and manufactured dwellings, and improvements,
furnishings, and equipment, and such other nonhousing
facilities, furnishings, equipment, and costs as may be
incidental or appurtenant thereto if in the judgment of the
commission the facilities, furnishings, equipment and costs
are an integral part of the project. Housing may consist of
single-family or multifamily dwellings in one or more
structures located on contiguous or noncontiguous parcels or
any combination thereof. Improvements may include such
equipment and materials as are appropriate to accomplish
energy efficiency within a dwelling. The term also includes
a dwelling constructed by a person who occupies and owns
the dwelling, and nursing homes licensed under chapter
18.51 RCW.
(7) "Mortgage" means a mortgage, mortgage deed, deed
of trust, security agreement, or other instrument securing a
mortgage loan and constituting a lien on or security interest
in housing. The property may be held in fee simple or on
a leasehold under a lease having a remaining term, at the
time the mortgage is acquired, of not less than the term of
repayment of the mortgage loan secured by the mortgage.
[Title 43 RCW—page 539]
43.180.020
Title 43 RCW: State Government—Executive
The property may also be housing which is evidenced by an
interest in a cooperative association or corporation if
ownership of the interest entitles the owner of the interest to
occupancy of a dwelling owned by the association or
corporation.
(8) "Mortgage lender" means any of the following
entities which customarily provide service or otherwise aid
in the financing of housing and which are approved as a
mortgage lender by the commission: A bank, trust company,
savings bank, national banking association, savings and loan
association, building and loan association, mortgage banker,
mortgage company, credit union, life insurance company, or
any other financial institution, governmental agency, municipal corporation, or any holding company for any of the
entities specified in this subsection.
(9) "Mortgage loan" means an interest-bearing loan or
a participation therein, made to a borrower, for the purpose
of financing the costs of housing, evidenced by a promissory
note, and which may or may not be secured (a) under a
mortgage agreement, (b) under any other security agreement,
regardless of whether the collateral is personal or real
property, or (c) by insurance or a loan guarantee of a third
party. However, an unsecured loan shall not be considered
a mortgage loan under this definition unless the amount of
the loan is under two thousand five hundred dollars. [1990
c 167 § 1; 1983 c 161 § 2.]
43.180.030 Bonds not debt of state. Bonds issued
under this chapter shall be issued in the name of the commission. The bonds shall not be obligations of the state of
Washington and shall be obligations only of the commission
payable from the special fund or funds created by the
commission for their payment. Such funds shall not be or
constitute public moneys or funds of the state of Washington
but at all times shall be kept segregated and set apart from
other funds.
Bonds issued under this chapter shall contain a recital
on their face to the effect that payment of the principal of,
interest on, and prepayment premium, if any, on the bonds,
shall be a valid claim only as against the special fund or
funds relating thereto, that neither the faith and credit nor the
taxing power of the state or any municipal corporation, subdivision, or agency of the state, other than the commission
as set forth in this chapter, is pledged to the payment of the
principal of, interest on, and prepayment premium, if any, on
the bonds.
Contracts entered into by the commission shall be
entered into in the name of the commission and not in the
name of the state of Washington. The obligations of the
commission under the contracts shall be obligations only of
the commission and are not in any way obligations of the
state of Washington. [1983 c 161 § 3.]
43.180.040 Commission created. (1) There is hereby
established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington state
housing finance commission. The commission is an instrumentality of the state exercising essential government functions and, for purposes of the code, acts as a constituted
authority on behalf of the state when it issues bonds pursuant
[Title 43 RCW—page 540]
to this chapter. The commission is a "public body" within
the meaning of RCW 39.53.010.
(2) The commission shall consist of the following voting
members:
(a) The state treasurer, ex officio;
(b) The director of community, trade, and economic
development, ex officio;
(c) An elected local government official, ex officio, with
experience in local housing programs, who shall be appointed by the governor with the consent of the senate;
(d) A representative of housing consumer interests,
appointed by the governor with the consent of the senate;
(e) A representative of labor interests, appointed by the
governor, with the consent of the senate, after consultation
with representatives of organized labor;
(f) A representative of low-income persons, appointed
by the governor with the consent of the senate;
(g) Five members of the public appointed by the
governor, with the consent of the senate, on the basis of
geographic distribution and their expertise in housing, real
estate, finance, energy efficiency, or construction, one of
whom shall be appointed by the governor as chair of the
commission and who shall serve on the commission and as
chair of the commission at the pleasure of the governor.
The term of the persons appointed by the governor,
other than the chair, shall be four years from the date of
their appointment, except that the terms of three of the initial
appointees shall be for two years from the date of their appointment. The governor shall designate the appointees who
will serve the two-year terms. An appointee may be
removed by the governor for cause pursuant to RCW
43.06.070 and 43.06.080. The governor shall fill any
vacancy in an appointed position by appointment for the
remainder of the unexpired term. If the *department of
community development is abolished, the resulting vacancy
shall be filled by a state official who shall be appointed to
the commission by the governor. If this official occupies an
office or position for which senate confirmation is not
required, then his or her appointment to the commission
shall be subject to the consent of the senate. The members
of the commission shall be compensated in accordance with
RCW 43.03.240 and may be reimbursed, solely from the
funds of the commission, for expenses incurred in the
discharge of their duties under this chapter, subject to the
provisions of RCW 43.03.050 and 43.03.060. A majority of
the commission constitutes a quorum. Designees shall be
appointed in such manner and shall exercise such powers as
are specified by the rules of the commission.
(3) The commission may adopt an official seal and may
select from its membership a vice chair, a secretary, and a
treasurer. The commission shall establish rules concerning
its exercise of the powers authorized by this chapter. The
rules shall be adopted in conformance with chapter 34.05
RCW. [1995 c 399 § 98; 1985 c 6 § 14; 1984 c 287 § 90;
1983 c 161 § 4.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
(2002 Ed.)
Housing Finance Commission
43.180.050 Housing financing powers—Annual
audit. (1) In addition to other powers and duties prescribed
in this chapter, and in furtherance of the purposes of this
chapter to provide decent, safe, sanitary, and affordable
housing for eligible persons, the commission is empowered
to:
(a) Issue bonds in accordance with this chapter;
(b) Invest in, purchase, or make commitments to
purchase or take assignments from mortgage lenders of
mortgages or mortgage loans;
(c) Make loans to or deposits with mortgage lenders for
the purpose of making mortgage loans; and
(d) Participate fully in federal and other governmental
programs and to take such actions as are necessary and
consistent with this chapter to secure to itself and the people
of the state the benefits of those programs and to meet their
requirements, including such actions as the commission
considers appropriate in order to have the interest payments
on its bonds and other obligations treated as tax exempt
under the code.
(2) The commission shall establish eligibility standards
for eligible persons, considering at least the following
factors:
(a) Income;
(b) Family size;
(c) Cost, condition and energy efficiency of available
residential housing;
(d) Availability of decent, safe, and sanitary housing;
(e) Age or infirmity; and
(f) Applicable federal, state, and local requirements.
The state auditor shall audit the books, records, and
affairs of the commission annually to determine, among
other things, if the use of bond proceeds complies with the
general plan of housing finance objectives including compliance with the objective for the use of financing assistance
for implementation of cost-effective energy efficiency
measures in dwellings. [1986 c 264 § 1; 1983 c 161 § 5.]
43.180.060 No power of eminent domain or taxation. The commission does not have the power of eminent
domain and the commission does not have the power to levy
any taxes of any kind. [1983 c 161 § 6.]
43.180.070 Housing finance plan. The commission
shall adopt a general plan of housing finance objectives to be
implemented by the commission during the period of the
plan. The commission may exercise the powers authorized
under this chapter prior to the adoption of the initial plan.
In developing the plan, the commission shall consider and
set objectives for:
(1) The use of funds for single-family and multifamily
housing;
(2) The use of funds for new construction, rehabilitation,
including refinancing of existing debt, and home purchases;
(3) The housing needs of low-income and moderateincome persons and families, and of elderly or mentally or
physically handicapped persons;
(4) The use of funds in coordination with federal, state,
and local housing programs for low-income persons;
(5) The use of funds in urban, rural, suburban, and
special areas of the state;
(2002 Ed.)
43.180.050
(6) The use of financing assistance to stabilize and
upgrade declining urban neighborhoods;
(7) The use of financing assistance for economically
depressed areas, areas of minority concentration, reservations, and in mortgage-deficient areas;
(8) The geographical distribution of bond proceeds so
that the benefits of the housing programs provided under this
chapter will be available to address demand on a fair basis
throughout the state;
(9) The use of financing assistance for implementation
of cost-effective energy efficiency measures in dwellings.
The plan shall include an estimate of the amount of
bonds the commission will issue during the term of the plan
and how bond proceeds will be expended.
The plan shall be adopted by resolution of the commission following at least one public hearing thereon, notice of
which shall be made by mailing to the clerk of the governing
body of each county and by publication in the Washington
State Register no more than forty and no less than twenty
days prior to the hearing. A draft of the plan shall be made
available not less than thirty days prior to any such public
hearing. At least every two years, the commission shall
report to the legislature regarding implementation of the
plan.
The commission may periodically update the plan.
The commission shall adopt rules designed to result in
the use of bond proceeds in a manner consistent with the
plan. The commission may periodically update its rules.
This section is designed to deal only with the use of
bond proceeds and nothing in this section shall be construed
as a limitation on the commission’s authority to issue bonds.
[1999 c 372 § 11; 1999 c 131 § 1; 1983 c 161 § 7.]
Reviser’s note: This section was amended by 1999 c 131 § 1 and by
1999 c 372 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
43.180.080 General powers. In addition to other
powers and duties specified in this chapter, the commission
may:
(1) Establish in resolutions relating to any issuance of
bonds, or in any financing documents relating to such
issuance, such standards and requirements applicable to the
purchase of mortgages and mortgage loans or the making of
loans to mortgage lenders as the commission deems necessary or desirable, including but not limited to: (a) The time
within which mortgage lenders must make commitments and
disbursements for mortgages or mortgage loans; (b) the
location and other characteristics of single-family housing or
multifamily housing to be financed by mortgages and
mortgage loans; (c) the terms and conditions of mortgages
and mortgage loans to be acquired; (d) the amounts and
types of insurance coverage required on mortgages, mortgage
loans, and bonds; (e) the representations and warranties of
mortgage lenders confirming compliance with such standards
and requirements; (f) restrictions as to interest rate and other
terms of mortgages or mortgage loans or the return realized
therefrom by mortgage lenders; (g) the type and amount of
collateral security to be provided to assure repayment of any
loans from the commission and to assure repayment of
bonds; and (h) any other matters related to the purchase of
mortgages or mortgage loans or the making of loans to
[Title 43 RCW—page 541]
43.180.080
Title 43 RCW: State Government—Executive
lending institutions as shall be deemed relevant by the
commission;
(2) Sue and be sued in its own name;
(3) Make and execute contracts and all other instruments
necessary or convenient for the exercise of its purposes or
powers, including but not limited to contracts or agreements
for the origination, servicing, and administration of mortgages or mortgage loans, and the borrowing of money;
(4) Procure such insurance, including but not limited to
insurance: (a) Against any loss in connection with its
property and other assets, including but not limited to
mortgages or mortgage loans, in such amounts and from
such insurers as the commission deems desirable, and (b) to
indemnify members of the commission for acts done in the
course of their duties;
(5) Provide for the investment of any funds, including
funds held in reserve, not required for immediate disbursement, and provide for the selection of investments;
(6) Fix, revise, and collect fees and charges in connection with the investigation and financing of housing or in
connection with assignments, contracts, purchases of mortgages or mortgage loans, or any other actions permitted
under this chapter or by the commission; and receive grants
and contributions;
(7) Make such expenditures as are appropriate for
paying the administrative costs of the commission and for
carrying out the provisions of this chapter. These expenditures may be made only from funds consisting of the
commission’s receipts from fees and charges, grants and
contributions, the proceeds of bonds issued by the commission, and other revenues; these expenditures shall not be
made from funds of the state of Washington;
(8) Establish such special funds, and controls on
deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;
(9) Conduct such investigations and feasibility studies
as it deems appropriate;
(10) Proceed with foreclosure actions or accept deeds in
lieu of foreclosure together with the assignments of leases
and rentals incidental thereto. Any properties acquired by
the commission through such actions shall be sold as soon
as practicable through persons licensed under chapter 18.85
RCW or at public auction, or by transfer to a public agency.
In preparation for the disposition of the properties, the
commission may own, lease, clear, construct, reconstruct,
rehabilitate, repair, maintain, manage, operate, assign, or
encumber the properties;
(11) Take assignments of leases and rentals;
(12) Subject to any provisions of the commission’s
contracts with the holders of obligations of the commission,
consent to any modification with respect to rate of interest,
time, and payment of any installment of principal or interest
or any other term of any contract, mortgage, mortgage loan,
mortgage loan commitment, contract, or agreement of any
kind;
(13) Subject to provisions of the commission’s contracts
with the holders of bonds, permit the reduction of rental or
carrying charges to persons unable to pay the regular rent or
schedule of charges if, by reason of other income of the
commission or by reason of payment by any department,
agency, or instrumentality of the United States or of this
[Title 43 RCW—page 542]
state, the reduction can be made without jeopardizing the
economic stability of the housing being financed;
(14) Sell, at public or private sale, with or without
public bidding, any mortgage, mortgage loan, or other
instrument or asset held by the commission;
(15) Employ, contract with, or engage engineers,
architects, attorneys, financial advisors, bond underwriters,
mortgage lenders, mortgage administrators, housing construction or financing experts, other technical or professional
assistants, and such other personnel as are necessary. The
commission may delegate to the appropriate persons the
power to execute legal instruments on its behalf;
(16) Receive contributions or grants from any source
unless otherwise prohibited;
(17) Impose covenants running with the land in order to
satisfy and enforce the requirements of applicable state and
federal law and commission policy with respect to housing
or other facilities financed by the commission or assisted by
federal, state, or local programs administered by the commission, by executing and recording regulatory agreements
or other covenants between the commission and the person
or entity to be bound. These regulatory agreements and
covenants shall run with the land and be enforceable by the
commission or its successors or assigns against the person or
entity making the regulatory agreement or covenants or its
successors or assigns, even though there may be no privity
of estate or privity of contract between the commission or its
successors or assigns and the person or entity against whom
enforcement is sought. The term of any such covenant shall
be set forth in the recorded agreement containing the
covenant. This subsection shall apply to regulatory agreements and covenants previously entered into by the commission as well as regulatory agreements and covenants entered
into by the commission on or after July 27, 1997;
(18) Delegate any of its powers and duties if consistent
with the purposes of this chapter;
(19) Exercise any other power reasonably required to
implement the purposes of this chapter. [1997 c 163 § 1;
1983 c 161 § 8.]
43.180.090 Selection of bond counsel—Written
policies to be adopted. (1) The commission shall adopt
written policies to provide for the selection of bond counsel.
The policies shall provide for the creation and maintenance
of a roster of attorneys whom the commission believes
possess the requisite special expertise and professional
standing to provide bond counsel opinions which would be
accepted by the underwriters, bondholders, and other
members of the financial community, and which would be
in furtherance of the public interest in obtaining the lowest
possible interest rates on the bonds issued by the commission. Any attorney may apply to have his or her name
placed on the roster, but may not be placed on the roster
unless the attorney demonstrates to the commission’s
satisfaction that the attorney would issue the kind of opinions required by this section.
(2) Prior to selecting an attorney or attorneys to provide
bond counsel services, the commission shall provide all
attorneys on the roster with a notice of its intentions to select
bond counsel and shall invite each of them to submit to the
commission his or her fee schedule for providing bond
(2002 Ed.)
Housing Finance Commission
counsel services. The commission shall have wide discretion
in selecting the attorney or attorneys it considers to be most
appropriate to provide the services, but in the exercise of this
discretion the commission shall consider all submitted fee
schedules and the public interest in achieving both savings
in bond counsel fees and issuance of bonds on terms most
favorable to the commission. At least once every two
calendar years, the commission shall select anew an attorney
or attorneys to serve as bond counsel. However, the
commission may retain an attorney for longer than two years
when necessary to complete work on a particular bond issue.
An attorney previously retained may be selected again but
only after the commission has provided other attorneys on
the roster with an opportunity to be selected and has made
the fee schedule review required under this subsection. In
addition to or as an alternative to retaining counsel for a
period of time, the commission may appoint an attorney to
serve as counsel in respect to only a particular bond issue.
[1983 c 161 § 9.]
43.180.100 Selection of underwriters—Written
policies to be adopted. (1) The commission shall adopt
written policies to provide for the selection of underwriters.
The policies shall provide for the creation of a roster of
underwriters whom the commission believes possess the
requisite special expertise and professional standing to
provide bond marketing services which would be accepted
by bondholders and other members of the financial community, and which would be in furtherance of the public interest
in marketing the commission’s bonds at the lowest possible
costs. Any underwriter may apply to have its name placed
on the roster, but may not be placed on the roster unless it
demonstrates to the commission’s satisfaction that it meets
the requirements of this section.
(2) Whenever the commission decides that it needs the
services of an underwriter, it shall provide all underwriters
on the roster with a notice of its intentions and shall invite
each of them to submit to the commission an itemization of
its fees and other charges for providing underwriting services
on the issue. The itemization shall be by categories designed
by the commission. The commission shall have wide
discretion in selecting the underwriter it considers to be most
appropriate to provide the services, but in the exercise of this
discretion the commission shall consider the underwriter’s
fees and other charges and the public interest in achieving
both savings in the total costs of underwriting services and
issuance of bonds on terms most favorable to the commission. [1983 c 161 § 10.]
43.180.110 Review of initial policies adopted under
RCW 43.180.090 and 43.180.100—Adoption—Change.
The commission shall submit the initial policies adopted
under RCW 43.180.090 and 43.180.100 to the chief clerk of
the house and the secretary of the senate for transmittal to
and review by the appropriate standing committees and the
joint administrative rules review committee. By January 1,
1984 the commission shall have adopted policies in the form
of rules and regulations under chapter 34.05 RCW. Such
rules and regulations may only be changed or revised in
accordance with chapter 34.05 RCW. [1983 c 161 § 11.]
(2002 Ed.)
43.180.090
43.180.120 Rules for fair allocation of bond proceeds for nonrental single family housing. The legislature
recognizes that the demand for mortgage loans for nonrental
single family housing will probably greatly exceed the
supply of bond proceeds available to satisfy the demand.
Therefore, the commission shall adopt rules providing
procedures to assure that the bond proceeds available for that
kind of housing shall be made available to qualified mortgagors in a fair and equitable manner. [1983 c 161 § 12.]
43.180.130 Protection of bondholders—Mortgage
insurance. The commission is encouraged to adopt policies
which will assure that bondholders will be protected against
the failure to make mortgage payments financed under this
chapter. Such policies may require, among other things,
mortgage insurance. [1983 c 161 § 13.]
43.180.140 Rules for energy efficiency. The commission shall adopt rules providing for financing assistance
to implement cost-effective energy efficiency improvements.
[1983 c 161 § 14.]
43.180.150 Bond issues—Terms—Issuance—
Purchase, etc. (1) The commission’s bonds shall bear such
date or dates, mature at such time or times, be in such
denominations, be in such form, be registered or registrable
in such manner, be made transferable, exchangeable, and
interchangeable, be payable in such medium of payment, at
such place or places, be subject to such terms of redemption,
bear such fixed or variable rate or rates of interest, be
payable at such time or times, and be sold in such manner
and at such price or prices, as the commission determines.
The bonds shall be executed by the chair, by either its duly
elected secretary or its treasurer, and by the trustee or paying
agent if the commission determines to use a trustee or
paying agent for the bonds. Execution of the bonds may be
by manual or facsimile signature.
(2) The bonds of the commission shall be subject to
such terms, conditions, covenants, and protective provisions
as are found necessary or desirable by the commission,
including, but not limited to, pledges of the commission’s
assets, setting aside of reserves, limitations on additional
forms of indebtedness, and the mortgaging of all or any part
of the commission’s real or personal property, then owned
or thereafter acquired, and other provisions the commission
finds are necessary or desirable for the security of bond
holders.
(3) Any security interest created in the unexpended bond
proceeds and in the special funds created by the commission
shall be immediately valid and binding against such moneys
and any securities in which such moneys may be invested
without commission or trustee possession thereof, and the
security interest shall be prior to any party having any
competing claim in such moneys or securities, without filing
or recording pursuant to *chapter 62A.9 RCW and regardless
of whether the party has notice of the security interest.
(4) When issuing bonds, the commission may provide
for the future issuance of additional bonds or parity debt on
a parity with outstanding bonds, and the terms and conditions of their issuance. The commission may refund or advance refund any bond of the commission in accordance
[Title 43 RCW—page 543]
43.180.150
Title 43 RCW: State Government—Executive
with chapter 39.53 RCW or issue bonds with a subordinate
lien against the fund or funds securing outstanding bonds.
(5) The chair of the state finance committee or the
chair’s designee shall be notified in advance of the issuance
of bonds by the commission in order to promote the orderly
offering of obligations in the financial markets.
(6) The members of the commission and any person
executing the bonds are not liable personally on the indebtedness or subject to any personal liability or accountability
by reason of the issuance thereof.
(7) The commission may, out of any fund available
therefor, purchase its bonds in the open market. [1983 c 161
§ 15.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
43.180.160 Debt limitation. The total amount of
outstanding indebtedness of the commission may not exceed
three billion dollars at any time. The calculation of outstanding indebtedness shall include the initial principal
amount of an issue and shall not include interest that is
either currently payable or that accrues as a part of the face
amount of an issue payable at maturity or earlier redemption.
Outstanding indebtedness shall not include notes or bonds as
to which the obligation of the commission has been satisfied
and discharged by refunding or for which payment has been
provided by reserves or otherwise. [1999 c 131 § 2; 1996
c 310 § 2; 1986 c 264 § 2; 1983 c 161 § 16.]
43.180.170 Bond issues—Disposition of proceeds—
Special fund. Proceeds from the sale of all bonds issued
under this chapter received by the commission shall be
deposited forthwith by the commission in any trust company,
savings bank, savings and loan association, or bank having
the powers of a trust company within or without the state, in
a special fund or funds established for the particular purposes for which the bonds were issued and sold, which money
shall not be funds of the state of Washington. Such fund or
funds shall at all times be segregated and set apart from all
other funds and held in trust for the purposes for which such
bonds were issued as determined by the commission.
Money other than bond sale proceeds received by the
commission for these same purposes, such as private
contributions or grants from the federal government, may be
deposited in such fund or funds. Proceeds received from the
sale of the bonds may also be used to defray the expenses of
the commission in connection with and incidental to the
issuance and sale of bonds, as well as expenses for studies,
surveys, estimates, plans, inspections, and examinations of or
incidental to the purposes for which the bonds were issued,
and other costs advanced therefor by third parties or by the
commission. In lieu of the commission receiving and
handling these moneys in the manner outlined in this section,
the commission may appoint trustees, depositaries, paying
agents, and other financial institutions within or without the
state to perform the functions outlined and to receive, hold,
disburse, invest, and reinvest such funds on its behalf and for
the protection of the bondholders. [1983 c 161 § 17.]
[Title 43 RCW—page 544]
43.180.180 Bond issues—Disposition of revenues—
Special trust fund. All revenues received by the commission including funds received from contributions or grants or
in any other form to pay principal of and interest on bonds
or for other bond requirements such as reserves shall be
deposited by the commission in any trust company, savings
bank, savings and loan association, or bank having the
powers of a trust company within or without the state, to the
credit of a special trust fund or funds. The commission may
establish a bond fund or funds, and a reserve, sinking fund
and other accounts therein, for payment of principal and
interest and for other special requirements of the bonds as
determined by the commission. In lieu of the commission
receiving and handling these moneys as outlined in this
section, the commission may appoint trustees, depositaries,
paying agents, and other financial institutions to perform the
functions outlined and to receive, hold, disburse, invest, and
reinvest such funds on its behalf and for the protection of the
bondholders. Such revenues and funds, whether received
and held by the commission or by others on its behalf, shall
not be or constitute public funds of the state of Washington
but at all times shall be kept segregated and apart from all
other funds. [1983 c 161 § 18.]
43.180.190 Legal investments. Bonds issued under
this chapter are hereby made securities in which all public
officers and public bodies of the state and its political
subdivisions, all insurance companies, trust companies in
their commercial departments, savings banks, cooperative
banks, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons
whatsoever who are now or may hereafter be authorized to
invest in obligations of the state may properly and legally
invest funds, including capital in their control or belonging
to them. Such bonds are hereby made securities which may
properly and legally be deposited with and received by any
state or municipal officer or any agency or political subdivisions of the state for any purpose for which the deposit of
bonds and other obligations of the state are now or may
hereafter be authorized by law. [1983 c 161 § 19.]
43.180.200 Internal revenue code. For purposes of
the code:
(1) The legislature reserves the right at any time to alter
or change the structure, organization, programs, or activities
of the commission and to terminate the commission, so long
as the action does not impair any outstanding contracts
entered into by the commission;
(2) Any net earnings of the commission beyond that
necessary to retire its bonds and to carry out the purposes of
this chapter shall not inure to the benefit of any person other
than the state;
(3) Upon dissolution of the commission, title to all of its
remaining property shall vest in the state;
(4) The commission constitutes the only housing finance
agency of the state of Washington; and
(5) In order to take advantage of the maximum amount
of tax exempt bonds for housing financing available pursuant
to the code, any state ceiling with respect to housing shall be
allocated in accordance with the following formula:
(2002 Ed.)
Housing Finance Commission
(a) Eighty percent of the state ceiling shall be allocated
to the commission and twenty percent shall be allocated to
the other issuing authorities in the state.
(b) The allocation to the issuing authorities other than
the commission shall be distributed to such issuing authorities in amounts as determined following public notice by the
department of community, trade, and economic development
pursuant to rules promulgated by it. The distribution shall
be in response to applications received from such issuing
authorities and shall be based on the following factors: (i)
The amount of housing to be made available by such
applicant; (ii) the population within the jurisdiction of the
applicant; (iii) coordination with other applicable federal and
state housing programs; (iv) the likelihood of implementing
the proposed financing during that year; and (v) consistency
with the plan of the commission. On or before February 1
of each year, the department of community, trade, and
economic development shall distribute the state ceiling
allocation among such issuing authorities and any unused
portion shall be added to the allocation of the commission.
Each issuing authority other than the commission shall
confirm its allocation distribution by providing to the
department of community, trade, and economic development
no later than June 1 a copy of an executed bond purchase
contract or alternative documentation deemed sufficient by
the commission to evidence the reasonable likelihood of the
allocation distribution being fully used. Any portion of such
allocation not so confirmed shall be added to the allocation
of the commission on July 1. Prior to July 1, the commission shall provide written notice of the allocation decrease to
the affected issuing authority. The reallocation shall not
limit the authority of the commission to assign a portion of
its allocation pursuant to subsection (5)(c) of this section.
(c) The commission may assign a portion of its allocation to another issuing agency. [1995 c 399 § 99; 1986 c
264 § 3; 1985 c 6 § 15; 1984 c 28 § 1; 1983 c 161 § 20.]
43.180.220 Housing finance program—Mortgage
financing—Investments—Flexible loan underwriting
guidelines. The commission, in cooperation with the department of community, trade, and economic development,
and the state investment board, shall develop and implement
a housing finance program that:
(1) Provides subsidized or unsubsidized mortgage
financing for single-family home ownership, including a
single condominium unit, located in the state of Washington;
(2) Requests the state investment board to make
investments, within its policies and investment guidelines, in
mortgage-backed securities that are collateralized by loans
made within the state of Washington; and
(3) Provides flexible loan underwriting guidelines,
including but not limited to provisions that will allow
reduced downpayment requirements for the purchaser. [1994
c 235 § 1.]
Severability—1994 c 235: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 235 § 4.]
43.180.230 Housing finance program—Program
elements. The housing finance program developed under
RCW 43.180.220 shall:
(2002 Ed.)
43.180.200
(1) Be limited to borrowers with incomes that do not
exceed one hundred fifteen percent of the state or county
median family income, whichever is higher, adjusted for
family size;
(2) Be limited to first-time home buyers as defined in
RCW 43.185A.010;
(3) Be targeted so that priority is given to low-income
households as defined in RCW 43.185A.010;
(4) To the extent funds are made available, provide
either downpayment or closing costs assistance to households
eligible for assistance under chapter 43.185A RCW and this
chapter; and
(5) Provide notification to active participants of the state
retirement systems managed by the department of retirement
systems under chapter 41.50 RCW. [1994 c 235 § 2.]
Severability—1994 c 235: See note following RCW 43.180.220.
43.180.240 Housing finance program—Report to
legislature annually—Implementation. (1) The commission shall submit to the legislature in its annual report a
summary of the progress of the housing finance program
developed under RCW 43.180.220. The report shall include,
but not be limited to the number of loans made and location
of property financed under RCW 43.180.220 and 43.180.230.
(2) The commission shall take such steps as are necessary to ensure that RCW 43.180.220 and 43.180.230 are
implemented on June 9, 1994. [1994 c 235 § 3.]
Severability—1994 c 235: See note following RCW 43.180.220.
NONPROFIT CORPORATION FACILITIES
43.180.300 Definitions. As used in RCW 43.180.310
through 43.180.360, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Construction" or "construct" means construction and
acquisition, whether by device, purchase, gift, lease, or
otherwise.
(2) "Facilities" means land, rights in land, buildings,
structures, equipment, landscaping, utilities, approaches,
roadways and parking, handling and storage areas, and
similar ancillary facilities.
(3) "Financing document" means a lease, sublease,
installment sale agreement, conditional sale agreement, loan
agreement, mortgage, deed of trust guaranty agreement, or
other agreement for the purpose of providing funds to pay or
secure debt service on revenue bonds.
(4) "Improvement" means reconstruction, remodeling,
rehabilitation, extension, and enlargement. "To improve"
means to reconstruct, to remodel, to rehabilitate, to extend,
and to enlarge.
(5) "Nonprofit corporation" means a nonprofit organization described under section 501(c)(3) of the Internal
Revenue Code, or similar successor provisions.
(6) "Nonprofit facilities" means facilities owned or used
by a nonprofit corporation for any nonprofit activity described under section 501(c)(3) of the Internal Revenue Code
that qualifies such a corporation for an exemption from
federal income taxes under section 501(a) of the Internal
Revenue Code, or similar successor provisions provided that
facilities which may be funded pursuant to chapter 28B.07,
[Title 43 RCW—page 545]
43.180.300
Title 43 RCW: State Government—Executive
35.82, 43.180, or 70.37 RCW shall not be included in this
definition.
(7) "Project costs" means costs of (a) acquisition,
construction, and improvement of any facilities included in
a nonprofit facility; (b) architectural, engineering, consulting,
accounting, and legal costs related directly to the development, financing, and construction of a nonprofit facility, including costs of studies assessing the feasibility of a nonprofit facility; (c) finance costs, including discounts, if any,
the costs of issuing revenue bonds, and costs incurred in
carrying out any trust agreement; (d) interest during construction and during the six months after estimated completion of construction, and capitalized debt service or repair
and replacement or other appropriate reserves; (e) the
refunding of any outstanding obligations incurred for any of
the costs outlined in this subsection; and (f) other costs
incidental to any of the costs listed in this section.
(8) "Revenue bond" means a taxable or tax-exempt
nonrecourse revenue bond, nonrecourse revenue note, or
other nonrecourse revenue obligation issued for the purpose
of providing financing to a nonprofit corporation on an
interim or permanent basis.
(9) "User" means one or more persons acting as lessee,
purchaser, mortgagor, or borrower under a financing document and may include a party who transfers the right of use
and occupancy to another party by lease, sublease, or
otherwise. [1997 c 44 § 1; 1990 c 167 § 2.]
43.180.310 Commission powers. The commission
has the following powers with respect to nonprofit facilities
together with all powers incidental thereto or necessary for
the performance thereof:
(1) To make secured loans to nonprofit corporations for
the purpose of providing temporary or permanent financing
or refinancing of all or part of the project cost of any
nonprofit facility, including the refunding of any outstanding
obligations, mortgages, or advances issued, made, or given
by any person for the project costs of a nonprofit corporation; and to charge and collect interest on the loans for the
loan payments upon such terms and conditions as its
commissioners consider advisable which are not in conflict
with this subchapter;
(2) To issue revenue bonds for the purpose of financing
all or part of the project cost of any nonprofit facility and to
secure the payment of the revenue bonds as provided in this
subchapter;
(3) To collect fees or charges from users or prospective
users of nonprofit facilities to recover actual or anticipated
administrative costs;
(4) To execute financing documents incidental to the
powers enumerated in this section;
(5) To accept grants and gifts;
(6) To establish such special funds with any financial
institution providing fiduciary services within or without the
state as it deems necessary and appropriate and invest money
therein. [1990 c 167 § 3.]
43.180.320 Revenue bonds. (1) The proceeds of the
revenue bonds of each issue shall be used solely for the
purposes set forth in this subchapter and shall be disbursed
in such manner and under such restrictions, if any, provided
[Title 43 RCW—page 546]
in the resolution authorizing the issuance of the revenue
bonds or in the trust agreement securing the bonds. If the
proceeds of the revenue bonds of any series issued with
respect to the cost of any nonprofit facility exceeds the cost
of the nonprofit facility for which issued, the surplus shall be
deposited to the credit of the debt service fund for the
revenue bonds or used to purchase the revenue bonds in the
open market.
(2) The commission may issue interim notes in the
manner provided for the issuance of revenue bonds to fund
nonprofit facilities prior to issuing other revenue bonds to
fund such facilities. The commission may issue revenue
bonds to fund nonprofit facilities that are exchangeable for
other revenue bonds, when these other revenue bonds are
executed and available for delivery.
(3) The principal of and interest on any revenue bonds
issued by the commission shall be secured by a pledge of
unexpended bond proceeds and the revenues and receipts
derived from the nonprofit facilities funded by the revenue
bonds pursuant to financing documents. The resolution
under which the revenue bonds are authorized to be issued
and any financing document may contain agreements and
provisions respecting the maintenance or use of the nonprofit
facility covered thereby, the fixing and collection of rents,
purchase price payments or loan payments, the creation and
maintenance of special funds from such revenues or from
revenue bond proceeds, the rights and remedies available in
the event of default, and other provisions relating to the
security for the bonds, all as the commission considers
advisable which are not in conflict with this subchapter.
(4) All revenue bonds issued under this subchapter and
any interest coupons applicable thereto are negotiable
instruments within the meaning of Article 8 of the uniform
commercial code, Title 62A RCW, regardless of form or
character.
(5) Notwithstanding subsection (1) of this section, such
bonds and interim notes may be issued and sold in accordance with chapter 39.46 RCW. [1990 c 167 § 4.]
43.180.330 Revenue refunding bonds. The commission may provide by resolution for the issuance of revenue
refunding bonds for the purpose of refunding any obligations
issued for a nonprofit facility, including the payment of any
redemption premium thereon and any interest accrued or to
accrue to the date of redemption or maturity of the revenue
bonds and, if considered advisable by the commission, for
the additional purpose of financing improvements, extensions, or enlargements to the nonprofit facility for another
nonprofit facility. The issuance of the revenue refunding
bonds, the maturities and other details thereof, the rights of
the owners thereof, and the rights, duties, and obligations of
the commission in respect to the same shall be governed by
this chapter insofar as applicable. [1990 c 167 § 5.]
43.180.340 Trust agreements. Any bonds issued
under this subchapter may be secured by a trust agreement
between the commission and a corporate trustee, which may
be any trust company or bank having the powers of a trust
company within or without the state. The trust agreement
may evidence a pledge or assignment of the financing documents and lease, sale, or loan revenues to be received from
(2002 Ed.)
Housing Finance Commission
a lessee or purchaser of or borrower with respect to a
nonprofit facility for the payment of principal of and interest
and any premium on the bonds as the same shall become
due and payable and may provide for creation and maintenance of reserves for these purposes. A trust agreement or
resolution providing for the issuance of the revenue bonds
may contain such provisions for protecting and enforcing the
rights and remedies of the bondowners as may be reasonable
and proper and not in violation of law, including covenants
setting forth the duties in relation to the acquisition of
property and the construction, improvement, maintenance,
use, repair, operation, and insurance of the nonprofit facility
for which the bonds are authorized, and the custody, safeguarding, and application of all money. Any bank or trust
company incorporated under the laws of the state which may
act as depository of the proceeds of revenue bonds or of
revenues may furnish such indemnifying bonds or pledge
such securities as may be required by the commission. A
trust agreement may set forth the rights and remedies of the
bondowners and of the trustee and may restrict the individual
right of action by bondowners as is customary in trust
agreements or trust indentures securing bonds and debentures
of private corporations. In addition, a trust agreement may
contain such provisions as the commission considers reasonable and proper for the security of the bondowners which are
not in conflict with this subchapter. [1990 c 167 § 6.]
43.180.350 Lessees or assignees. A lessee or contracting party under a sale contract or loan agreement shall
not be required to be the eventual user of a nonprofit facility
if any sublessee or assignee assumes all of the obligations of
the lessee or contracting party under the lease, sale contract,
or loan agreement, but the lessee or contracting party or their
successors shall remain primarily liable for all of its obligations under the lease, sale contract, or loan agreement and
the use of the nonprofit facility shall be consistent with the
purposes of this subchapter. [1990 c 167 § 7.]
43.180.360 Default. The proceedings authorizing any
revenue bonds under this subchapter or any financing
document securing the revenue bonds may provide that if
there is a default in the payment of the principal of or the
interest on the bonds or in the performance of any agreement
contained in the proceedings or financing document, the
payment and performance may be enforced by mandamus or
by the appointment of a receiver in equity with power to
charge and collect rents, purchase price payments, and loan
repayments, and to apply the revenues from the nonprofit
facility in accordance with the proceedings or provisions of
the financing document. Any financing document entered
into under this subchapter may also provide that if there is
a default in the payment thereof or a violation of any
agreement contained in the financing document, the nonprofit
facility may be foreclosed and sold under proceedings in
equity or in any other manner now or hereafter permitted by
law. Any financing document may also provide that any
trustee under the financing document or the holder of any
revenue bonds secured thereby may become the purchaser at
any foreclosure sale if it is the highest bidder. [1990 c 167
§ 8.]
(2002 Ed.)
43.180.340
43.180.900 Conflict with federal requirements. If
any part of this chapter is found to be in conflict with
federal requirements which are a prescribed condition to the
allocation of federal funds to the state, the conflicting part of
this chapter is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies
directly affected, and such finding or determination shall not
affect the operation of the remainder of this chapter in its
application to the agencies concerned. The rules under this
chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[1983 c 161 § 21.]
43.180.901 Liberal construction. This chapter, being
necessary for the welfare of the state and its inhabitants,
shall be liberally construed to effect the purposes thereof.
[1983 c 161 § 23.]
43.180.902 Captions not part of law. As used in this
chapter and RCW 82.04.408, section captions constitute no
part of the law. [1983 c 161 § 24.]
43.180.903 Severability—1983 c 161. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1983 c 161 § 31.]
43.180.904 Effective dates—1983 c 161. (1) Except
as provided in subsection (2) of this section, this act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect immediately.
(2) Section 10 of this act shall take effect on January 1,
1984. [1983 c 161 § 32.]
Chapter 43.185
HOUSING ASSISTANCE PROGRAM
Sections
43.185.010
43.185.015
43.185.020
43.185.030
43.185.050
Findings.
Housing assistance program.
Definitions.
Washington housing trust fund.
Use of moneys for loans and grant projects to provide housing—Eligible activities.
43.185.060 Eligible organizations.
43.185.070 Notice of grant and loan application period—Priorities—
Criteria for evaluation.
43.185.074 Low-income housing grants and loans—Applications.
43.185.076 Low-income housing grants and loans—Approval—License
education programs.
43.185.080 Preconstruction technical assistance.
43.185.090 Compliance monitoring.
43.185.100 Rule-making authority.
43.185.110 Affordable housing advisory board—State housing needs.
43.185.120 Protection of state’s interest.
43.185.900 Severability—1986 c 298.
43.185.910 Conflict with federal requirements—1991 c 356.
43.185.911 Severability—1991 c 356.
Donations of surplus state property: RCW 43.19.1920.
Funding: RCW 43.79.201 and 79.01.007.
[Title 43 RCW—page 547]
43.185.010
Title 43 RCW: State Government—Executive
43.185.010 Findings. The legislature finds that
current economic conditions, federal housing policies and
declining resources at the federal, state, and local level
adversely affect the ability of low and very low-income
persons to obtain safe, decent, and affordable housing.
The legislature further finds that members of over one
hundred twenty thousand households live in housing units
which are overcrowded, lack plumbing, are otherwise
threatening to health and safety, and have rents and utility
payments which exceed thirty percent of their income.
The legislature further finds that minorities, rural
households, and migrant farm workers require housing
assistance at a rate which significantly exceeds their proportion of the general population.
The legislature further finds that one of the most
dramatic housing needs is that of persons needing special
housing-related services, such as the mentally ill, recovering
alcoholics, frail elderly persons, families with members who
have disabilities, and single parents. These services include
medical assistance, counseling, chore services, and child
care.
The legislature further finds that housing assistance
programs in the past have often failed to help those in
greatest need.
The legislature declares that it is in the public interest
to establish a continuously renewable resource known as the
housing trust fund and housing assistance program to assist
low and very low-income citizens in meeting their basic
housing needs, and that the needs of very low-income
citizens should be given priority and that whenever feasible,
assistance should be in the form of loans. [1991 c 356 § 1;
1986 c 298 § 1.]
43.185.015 Housing assistance program. There is
created within the department the housing assistance program
to carry out the purposes of this chapter. [1995 c 399 § 100;
1991 c 356 § 2.]
43.185.020 Definitions. "Department" means the
department of community, trade, and economic development.
"Director" means the director of the department of community, trade, and economic development. [1995 c 399 §
101; 1986 c 298 § 3.]
43.185.030 Washington housing trust fund. There
is hereby created in the state treasury an account to be
known as the Washington housing trust fund. The housing
trust fund shall include revenue from the sources established
by this chapter, appropriations by the legislature, private
contributions, repayment of loans, and all other sources.
[1991 sp.s. c 13 § 87; 1991 c 356 § 3; 1987 c 513 § 6; 1986
c 298 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—Severability—1987 c 513: See notes following
RCW 18.85.310.
Distribution of interest from real estate brokers’ trust accounts: RCW
18.85.310.
department shall use moneys from the housing trust fund and
other legislative appropriations to finance in whole or in part
any loans or grant projects that will provide housing for
persons and families with special housing needs and with
incomes at or below fifty percent of the median family
income for the county or standard metropolitan statistical
area where the project is located. At least thirty percent of
these moneys used in any given funding cycle shall be for
the benefit of projects located in rural areas of the state as
defined by the department. If the department determines that
it has not received an adequate number of suitable applications for rural projects during any given funding cycle, the
department may allocate unused moneys for projects in
nonrural areas of the state.
(2) Activities eligible for assistance from the housing
trust fund and other legislative appropriations include, but
are not limited to:
(a) New construction, rehabilitation, or acquisition of
low and very low-income housing units;
(b) Rent subsidies;
(c) Matching funds for social services directly related to
providing housing for special-need tenants in assisted
projects;
(d) Technical assistance, design and finance services and
consultation, and administrative costs for eligible nonprofit
community or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups
or organizations when such grant or loan will substantially
increase the recipient’s access to housing funds other than
those available under this chapter;
(f) Shelters and related services for the homeless,
including emergency shelters and overnight youth shelters;
(g) Mortgage subsidies, including temporary rental and
mortgage payment subsidies to prevent homelessness;
(h) Mortgage insurance guarantee or payments for
eligible projects;
(i) Down payment or closing cost assistance for eligible
first-time home buyers;
(j) Acquisition of housing units for the purpose of
preservation as low-income or very low-income housing; and
(k) Projects making housing more accessible to families
with members who have disabilities.
(3) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized
under subsection (2)(a), (i), and (j) of this section, and not
for the administrative costs of the department.
(4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all
activities necessary for the proper functioning of the housing
assistance program except for activities authorized under
subsection (2)(b) and (c) of this section.
(5) Administrative costs of the department shall not
exceed four percent of the annual funds available for the
housing assistance program. [2002 c 294 § 6; 1994 c 160 §
1; 1991 c 356 § 4; 1986 c 298 § 6.]
Findings—2002 c 294: See note following RCW 36.22.178.
43.185.060 Eligible organizations. Organizations that
may receive assistance from the department under this
43.185.050 Use of moneys for loans and grant
projects to provide housing—Eligible activities. (1) The
[Title 43 RCW—page 548]
(2002 Ed.)
Housing Assistance Program
chapter are local governments, local housing authorities,
regional support networks established under chapter 71.24
RCW, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of
Washington, and regional or statewide nonprofit housing
assistance organizations.
Eligibility for assistance from the department under this
chapter also requires compliance with the revenue and
taxation laws, as applicable to the recipient, at the time the
grant is made. [1994 c 160 § 2; 1991 c 295 § 1; 1986 c 298
§ 7.]
43.185.070 Notice of grant and loan application
period—Priorities—Criteria for evaluation. (1) During
each calendar year in which funds from the housing trust
fund or other legislative appropriations are available for use
by the department for the housing assistance program, the
department shall announce to all known interested parties,
and through major media throughout the state, a grant and
loan application period of at least ninety days’ duration.
This announcement shall be made as often as the director
deems appropriate for proper utilization of resources. The
department shall then promptly grant as many applications
as will utilize available funds less appropriate administrative
costs of the department. Administrative costs paid out of the
housing trust fund may not exceed four percent of annual
revenues available for distribution to housing trust fund
projects. In awarding funds under this chapter, the department shall provide for a geographic distribution on a
statewide basis.
(2) The department shall give first priority to applications for projects and activities which utilize existing
privately owned housing stock including privately owned
housing stock purchased by nonprofit public development
authorities and public housing authorities as created in
chapter 35.82 RCW. As used in this subsection, privately
owned housing stock includes housing that is acquired by a
federal agency through a default on the mortgage by the
private owner. Such projects and activities shall be evaluated under subsection (3) of this section. Second priority shall
be given to activities and projects which utilize existing
publicly owned housing stock. All projects and activities
shall be evaluated by some or all of the criteria under
subsection (3) of this section, and similar projects and
activities shall be evaluated under the same criteria.
(3) The department shall give preference for applications
based on some or all of the criteria under this subsection,
and similar projects and activities shall be evaluated under
the same criteria:
(a) The degree of leveraging of other funds that will
occur;
(b) The degree of commitment from programs to
provide necessary habilitation and support services for
projects focusing on special needs populations;
(c) Recipient contributions to total project costs,
including allied contributions from other sources such as
professional, craft and trade services, and lender interest rate
subsidies;
(d) Local government project contributions in the form
of infrastructure improvements, and others;
(2002 Ed.)
43.185.060
(e) Projects that encourage ownership, management, and
other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of
serving the original target group or income level for a period
of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability
and resources to implement the project;
(h) Projects which demonstrate serving the greatest
need;
(i) Projects that provide housing for persons and
families with the lowest incomes;
(j) Projects serving special needs populations which are
under statutory mandate to develop community housing;
(k) Project location and access to employment centers
in the region or area;
(l) Projects that provide employment and training
opportunities for disadvantaged youth under a youthbuild or
youthbuild-type program as defined in RCW 50.72.020; and
(m) Project location and access to available public
transportation services.
(4) The department shall only approve applications for
projects for mentally ill persons that are consistent with a
regional support network six-year capital and operating plan.
[1994 sp.s. c 3 § 9. Prior: 1991 c 356 § 5; 1991 c 295 § 2;
1988 c 286 § 1; 1986 c 298 § 8.]
43.185.074 Low-income housing grants and loans—
Applications. The director shall designate grant and loan
applications for approval and for funding under the revenue
from remittances made pursuant to RCW 18.85.310. These
applications shall then be reviewed for final approval by the
broker’s trust account board created by *RCW 18.85.500.
The director shall submit to the broker’s trust account
board within any fiscal year only such applications which in
their aggregate total funding requirements do not exceed the
revenue to the housing trust found from remittances made
pursuant to RCW 18.85.310 for the previous fiscal year.
[1987 c 513 § 11. Formerly RCW 18.85.505.]
*Reviser’s note: RCW 18.85.500 was repealed by 1994 sp.s. c 9 §
857, effective July 1, 1994.
Effective date—Severability—1987 c 513: See notes following
RCW 18.85.310.
43.185.076 Low-income housing grants and loans—
Approval—License education programs. The broker’s
trust account board shall review grant and loan applications
placed before it by the director for final approval pursuant to
RCW 43.185.074.
The decisions of the board shall be subject to the
provisions of RCW 43.185.050, 43.185.060, and 43.185.070
with regard to eligible activities, eligible recipients, and
criteria for evaluation.
The broker’s trust account board shall serve in an
advisory capacity to the real estate commission with regard
to licensee education programs established pursuant to RCW
18.85.040 and 18.85.220. [1988 c 286 § 3; 1987 c 513 § 10.
Formerly RCW 18.85.510.]
Effective date—Severability—1987 c 513: See notes following
RCW 18.85.310.
[Title 43 RCW—page 549]
43.185.080
Title 43 RCW: State Government—Executive
43.185.080 Preconstruction technical assistance. (1)
The department may use moneys from the housing trust fund
and other legislative appropriations, but not appropriations
from capital bond proceeds, to provide preconstruction
technical assistance to eligible recipients seeking to construct, rehabilitate, or finance housing-related services for
very low and low-income persons. The department shall
emphasize providing preconstruction technical assistance
services to rural areas and small cities and towns. The
department may contract with nonprofit organizations to
provide this technical assistance. The department may
contract for any of the following services:
(a) Financial planning and packaging for housing
projects, including alternative ownership programs, such as
limited equity partnerships and syndications;
(b) Project design, architectural planning, and siting;
(c) Compliance with planning requirements;
(d) Securing matching resources for project development;
(e) Maximizing local government contributions to
project development in the form of land donations, infrastructure improvements, waivers of development fees, locally
and state-managed funds, zoning variances, or creative local
planning;
(f) Coordination with local planning, economic development, and environmental, social service, and recreational
activities;
(g) Construction and materials management; and
(h) Project maintenance and management.
(2) The department shall publish requests for proposals
which specify contract performance standards, award criteria,
and contractor requirements. In evaluating proposals, the
department shall consider the ability of the contractor to
provide technical assistance to low and very low-income
persons and to persons with special housing needs. [1991 c
356 § 6; 1986 c 298 § 9.]
43.185.090 Compliance monitoring. The director
shall monitor the activities of recipients of grants and loans
under this chapter to determine compliance with the terms
and conditions set forth in its application or stated by the
department in connection with the grant or loan. [1986 c
298 § 10.]
43.185.100 Rule-making authority. The department
shall have the authority to promulgate rules pursuant to
chapter 34.05 RCW, regarding the grant and loan process,
and the substance of eligible projects, consistent with this
chapter. The department shall consider the recommendations
of cities and counties regarding how the funds shall be used
in their geographic areas. [1987 c 513 § 2; 1986 c 298 §
11.]
Effective date—Severability—1987 c 513: See notes following
RCW 18.85.310.
43.185.110 Affordable housing advisory board—
State housing needs. The affordable housing advisory
board established in RCW 43.185B.020 shall advise the
director on housing needs in this state, including housing
needs for persons who are mentally ill or developmentally
disabled or youth who are blind or deaf or otherwise dis[Title 43 RCW—page 550]
abled, operational aspects of the grant and loan program or
revenue collection programs established by this chapter, and
implementation of the policy and goals of this chapter. Such
advice shall be consistent with policies and plans developed
by regional support networks according to chapter 71.24
RCW for the mentally ill and the developmental disabilities
planning council for the developmentally disabled. [1993 c
478 § 15; 1991 c 204 § 4; 1987 c 513 § 3.]
Effective date—Severability—1987 c 513: See notes following
RCW 18.85.310.
43.185.120 Protection of state’s interest. The
department shall adopt policies to ensure that the state’s
interest will be protected upon either the sale or change of
use of projects financed in whole or in part under RCW
43.185.050(2) (a), (i), and (j). These policies may include,
but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state’s contribution to
the project; (2) requiring a lump-sum repayment of the loan
or grant upon the sale or change of use of the project; or (3)
requiring a deferred payment of principal or principal and
interest on loans after a specified time period. [1991 c 356
§ 7.]
43.185.900 Severability—1986 c 298. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1986 c 298 § 13.]
43.185.910 Conflict with federal requirements—
1991 c 356. If any part of this act is found to be in conflict
with federal requirements which are a prescribed condition
to the allocation of federal funds to the state, the conflicting
part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected,
and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.
The rules under this act shall meet federal requirements
which are a necessary condition to the receipt of federal
funds by the state. [1991 c 356 § 8.]
43.185.911
43.185A.901.
Severability—1991 c 356. See RCW
Chapter 43.185A
AFFORDABLE HOUSING PROGRAM
Sections
43.185A.010
43.185A.020
43.185A.030
43.185A.040
43.185A.050
43.185A.060
43.185A.070
43.185A.080
43.185A.900
43.185A.901
43.185A.902
Definitions.
Affordable housing program—Purpose—Input.
Activities eligible for assistance.
Eligible organizations.
Grant and loan application process.
Protection of state interest.
Monitor recipient activities.
Rules.
Short title.
Severability—1991 c 356.
Conflict with federal requirements—1991 c 356.
(2002 Ed.)
Affordable Housing Program
43.185A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affordable housing" means residential housing for
rental occupancy which, as long as the same is occupied by
low-income households, requires payment of monthly
housing costs, including utilities other than telephone, of no
more than thirty percent of the family’s income. The
department shall adopt policies for residential
homeownership housing, occupied by low-income households, which specify the percentage of family income that
may be spent on monthly housing costs, including utilities
other than telephone, to qualify as affordable housing.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of the department of
community, trade, and economic development.
(4) "First-time home buyer" means an individual or his
or her spouse who have not owned a home during the threeyear period prior to purchase of a home.
(5) "Low-income household" means a single person,
family or unrelated persons living together whose adjusted
income is less than eighty percent of the median family income, adjusted for household size, for the county where the
project is located. [2000 c 255 § 9; 1995 c 399 § 102; 1991
c 356 § 10.]
Severability—Effective date—2000 c 255: See RCW 59.28.901 and
59.28.902.
43.185A.020 Affordable housing program—
Purpose—Input. The affordable housing program is created
in the department for the purpose of developing and coordinating public and private resources targeted to meet the
affordable housing needs of low-income households in the
state of Washington. The program shall be developed and
administered by the department with advice and input from
the affordable housing advisory board established in RCW
43.185B.020. [1995 c 399 § 103; 1993 c 478 § 16; 1991 c
356 § 11.]
43.185A.030 Activities eligible for assistance. (1)
Using moneys specifically appropriated for such purpose, the
department shall finance in whole or in part projects that will
provide housing for low-income households.
(2) Activities eligible for assistance include, but are not
limited to:
(a) New construction, rehabilitation, or acquisition of
housing for low-income households;
(b) Rent subsidies in new construction or rehabilitated
multifamily units;
(c) Down payment or closing costs assistance for firsttime home buyers;
(d) Mortgage subsidies for new construction or rehabilitation of eligible multifamily units; and
(e) Mortgage insurance guarantee or payments for
eligible projects.
(3) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized
under subsection (2) (a), (c), (d), and (e) of this section, and
not for the administrative costs of the department.
(2002 Ed.)
43.185A.010
(4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all
activities necessary for the proper functioning of the affordable housing program except for activities authorized
under subsection (2)(b) of this section.
(5) Administrative costs of the department shall not
exceed four percent of the annual funds available for the
affordable housing program. [1994 c 160 § 3; 1991 c 356
§ 12.]
43.185A.040 Eligible organizations. Organizations
that may receive assistance from the department under this
chapter are local governments, local housing authorities,
nonprofit community or neighborhood-based organizations,
federally recognized Indian tribes in the state of Washington,
and regional or statewide nonprofit housing assistance
organizations.
Eligibility for assistance from the department under this
chapter also requires compliance with the revenue and
taxation laws, as applicable to the recipient, at the time the
grant is made. [1994 c 160 § 4; 1991 c 356 § 13.]
43.185A.050 Grant and loan application process.
(1) During each calendar year in which funds are available
for use by the department for the affordable housing program, the department shall announce to all known interested
parties, and through major media throughout the state, a
grant and loan application period of at least ninety days’
duration. This announcement shall be made as often as the
director deems appropriate for proper utilization of resources.
The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department, not to exceed five percent of
moneys appropriated to the affordable housing program.
(2) The department shall develop, with advice and input
from the *low-income [housing] assistance advisory committee established in RCW 43.185.110, criteria to evaluate
applications for assistance under this chapter. [1991 c 356
§ 14.]
*Reviser’s note: The "low-income housing assistance advisory
committee" has been abolished and its powers, duties, and functions
transferred to the affordable housing advisory board.
43.185A.060 Protection of state interest. The
department shall adopt policies to ensure that the state’s
interest will be protected upon either the sale or change of
use of projects financed in whole or in part under RCW
43.185A.030(2) (a), (b), (c), (d), and (e). These policies
may include, but are not limited to: (1) Requiring a share of
the appreciation in the project in proportion to the state’s
contribution to the project; (2) requiring a lump-sum repayment of the loan or grant upon the sale or change of use of
the project; or (3) requiring a deferred payment of principal
or principal and interest on loans after a specified time
period. [1991 c 356 § 15.]
43.185A.070 Monitor recipient activities. The
director shall monitor the activities of recipients of grants
and loans under this chapter to determine compliance with
the terms and conditions set forth in its application or stated
[Title 43 RCW—page 551]
43.185A.070
Title 43 RCW: State Government—Executive
by the department in connection with the grant or loan.
[1991 c 356 § 16.]
43.185A.080 Rules. The department shall have the
authority to promulgate rules pursuant to chapter 34.05
RCW, regarding the grant and loan process, and the substance of eligible projects, consistent with this chapter.
[1991 c 356 § 17.]
43.185A.900 Short title. This chapter may be known
and cited as the affordable housing act. [1991 c 356 § 9.]
43.185A.901 Severability—1991 c 356. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 356 § 18.]
43.185A.902 Conflict with federal requirements—
1991 c 356. If any part of this act is found to be in conflict
with federal requirements which are a prescribed condition
to the allocation of federal funds to the state, the conflicting
part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected,
and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.
The rules under this act shall meet federal requirements
which are a necessary condition to the receipt of federal
funds by the state. [1991 c 356 § 19.]
Chapter 43.185B
WASHINGTON HOUSING POLICY ACT
Sections
43.185B.005
43.185B.007
43.185B.009
43.185B.010
43.185B.020
43.185B.030
43.185B.040
43.185B.900
(h) State and local government should work together in
developing creative ways to reduce the shortage of housing;
(i) The lack of a coordinated state housing policy
inhibits the effective delivery of housing for some of the
state’s most vulnerable citizens and those with limited
incomes; and
(j) It is in the public interest to adopt a statement of
housing policy objectives.
(2) The legislature declares that the purposes of the
Washington housing policy act are to:
(a) Provide policy direction to the public and private
sectors in their attempt to meet the shelter needs of Washington residents;
(b) Reevaluate housing and housing-related programs
and policies in order to ensure proper coordination of those
programs and policies to meet the housing needs of Washington residents;
(c) Improve the delivery of state services and assistance
to very low-income and low-income households and special
needs populations;
(d) Strengthen partnerships among all levels of government, and the public and private sectors, including for-profit
and nonprofit organizations, in the production and operation
of housing to targeted populations including low-income and
moderate-income households;
(e) Increase the supply of housing for persons with
special needs;
(f) Encourage collaborative planning with social service
providers;
(g) Encourage financial institutions to increase residential mortgage lending; and
(h) Coordinate housing into comprehensive community
and economic development strategies at the state and local
level. [1993 c 478 § 1.]
Persons with handicaps: RCW 35.63.220, 35A.63.240, 36.70.990,
36.70A.410.
Finding.
Goal.
Objectives.
Definitions.
Affordable housing advisory board—Generally.
Affordable housing advisory board—Duties.
Housing advisory plan—Report to legislature.
Short title.
43.185B.005 Finding. (1) The legislature finds that:
(a) Housing is of vital statewide importance to the
health, safety, and welfare of the residents of the state;
(b) Safe, affordable housing is an essential factor in
stabilizing communities;
(c) Residents must have a choice of housing opportunities within the community where they choose to live;
(d) Housing markets are linked to a healthy economy
and can contribute to the state’s economy;
(e) Land supply is a major contributor to the cost of
housing;
(f) Housing must be an integral component of any
comprehensive community and economic development
strategy;
(g) State and local government must continue working
cooperatively toward the enhancement of increased housing
units by reviewing, updating, and removing conflicting regulatory language;
[Title 43 RCW—page 552]
43.185B.007 Goal. It is the goal of the state of
Washington to coordinate, encourage, and direct, when
necessary, the efforts of the public and private sectors of the
state and to cooperate and participate, when necessary, in the
attainment of a decent home in a healthy, safe environment
for every resident of the state. The legislature declares that
attainment of that goal is a state priority. [1993 c 478 § 2.]
43.185B.009 Objectives. The objectives of the
Washington housing policy act shall be to attain the state’s
goal of a decent home in a healthy, safe environment for
every resident of the state by strengthening public and
private institutions that are able to:
(1) Develop an adequate and affordable supply of
housing for all economic segments of the population;
(2) Assist very low-income and special needs households who cannot obtain affordable, safe, and adequate
housing in the private market;
(3) Encourage and maintain home ownership opportunities;
(4) Reduce life-cycle housing costs while preserving
public health and safety;
(5) Preserve the supply of existing affordable housing;
(6) Provide housing for special needs populations;
(2002 Ed.)
Washington Housing Policy Act
(7) Ensure fair and equal access to the housing market;
(8) Increase the availability of mortgage credit at low
interest rates; and
(9) Coordinate and be consistent with the goals, objectives, and required housing element of the comprehensive
plan in the state’s growth management act in RCW
36.70A.070. [1993 c 478 § 3.]
43.185B.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affordable housing" means residential housing that
is rented or owned by a person or household whose monthly
housing costs, including utilities other than telephone, do not
exceed thirty percent of the household’s monthly income.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of community, trade,
and economic development.
(4) "Nonprofit organization" means any public or private
nonprofit organization that: (a) Is organized under federal,
state, or local laws; (b) has no part of its net earnings
inuring to the benefit of any member, founder, contributor,
or individual; and (c) has among its purposes significant
activities related to the provision of decent housing that is
affordable to very low-income, low-income, or moderateincome households and special needs populations.
(5) "Regulatory barriers to affordable housing" and
"regulatory barriers" mean any public policies (including
those embodied in statutes, ordinances, regulations, or
administrative procedures or processes) required to be
identified by the state or local government in connection
with its strategy under section 105(b)(4) of the CranstonGonzalez national affordable housing act (42 U.S.C. 12701
et seq.).
(6) "Tenant-based organization" means a nonprofit
organization whose governing body includes a majority of
members who reside in the housing development and are
considered low-income households. [1995 c 399 § 104;
1993 c 478 § 4.]
43.185B.020 Affordable housing advisory board—
Generally. (1) The department shall establish the affordable
housing advisory board to consist of twenty-one members.
(a) The following eighteen members shall be appointed
by the governor:
(i) Two representatives of the residential construction
industry;
(ii) Two representatives of the home mortgage lending
profession;
(iii) One representative of the real estate sales profession;
(iv) One representative of the apartment management
and operation industry;
(v) One representative of the for-profit housing development industry;
(vi) One representative of the nonprofit housing development industry;
(vii) One representative of homeless shelter operators;
(viii) One representative of lower-income persons;
(ix) One representative of special needs populations;
(2002 Ed.)
43.185B.009
(x) One representative of public housing authorities as
created under chapter 35.82 RCW;
(xi) Two representatives of the Washington association
of counties, one representative shall be from a county that is
located east of the crest of the Cascade mountains;
(xii) Two representatives of the association of Washington cities, one representative shall be from a city that is
located east of the crest of the Cascade mountains;
(xiii) One representative to serve as chair of the affordable housing advisory board;
(xiv) One representative at large.
(b) The following three members shall serve as ex
officio, nonvoting members:
(i) The director or the director’s designee;
(ii) The executive director of the Washington state
housing finance commission or the executive director’s
designee; and
(iii) The secretary of social and health services or the
secretary’s designee.
(2)(a) The members of the affordable housing advisory
board appointed by the governor shall be appointed for fouryear terms, except that the chair shall be appointed to serve
a two-year term. The terms of five of the initial appointees
shall be for two years from the date of appointment and the
terms of six of the initial appointees shall be for three years
from the date of appointment. The governor shall designate
the appointees who will serve the two-year and three-year
terms. The members of the advisory board shall serve
without compensation, but shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
(b) The governor, when making appointments to the
affordable housing advisory board, shall make appointments
that reflect the cultural diversity of the state of Washington.
(3) The affordable housing advisory board shall serve as
the department’s principal advisory body on housing and
housing-related issues, and replaces the department’s existing
boards and task forces on housing and housing-related
issues.
(4) The affordable housing advisory board shall meet
regularly and may appoint technical advisory committees,
which may include members of the affordable housing
advisory board, as needed to address specific issues and
concerns.
(5) The department, in conjunction with the Washington
state housing finance commission and the department of
social and health services, shall supply such information and
assistance as are deemed necessary for the advisory board to
carry out its duties under this section.
(6) The department shall provide administrative and
clerical assistance to the affordable housing advisory board.
[1993 c 478 § 5.]
43.185B.030 Affordable housing advisory board—
Duties. The affordable housing advisory board shall:
(1) Analyze those solutions and programs that could
begin to address the state’s need for housing that is affordable for all economic segments of the state, and special
needs populations, including but not limited to programs or
proposals which provide for:
(a) Financing for the acquisition, rehabilitation, preservation, or construction of housing;
[Title 43 RCW—page 553]
43.185B.030
Title 43 RCW: State Government—Executive
(b) Use of publicly owned land and buildings as sites
for affordable housing;
(c) Coordination of state initiatives with federal initiatives and financing programs that are referenced in the
Cranston-Gonzalez national affordable housing act (42
U.S.C. Sec. 12701 et seq.), as amended, and development of
an approved housing strategy as required in the CranstonGonzalez national affordable housing act (42 U.S.C. Sec.
12701 et seq.), as amended;
(d) Identification and removal, where appropriate and
not detrimental to the public health and safety, or environment, of state and local regulatory barriers to the development and placement of affordable housing;
(e) Stimulating public and private sector cooperation in
the development of affordable housing; and
(f) Development of solutions and programs affecting
housing, including the equitable geographic distribution of
housing for all economic segments, as the advisory board
deems necessary;
(2) Consider both homeownership and rental housing as
viable options for the provision of housing. The advisory
board shall give consideration to various types of residential
construction and innovative housing options, including but
not limited to manufactured housing;
(3) Review, evaluate, and make recommendations
regarding existing and proposed housing programs and
initiatives including but not limited to tax policies, land use
policies, and financing programs. The advisory board shall
provide recommendations to the director, along with the
department’s response in the annual housing report to the
legislature required in RCW 43.185B.040; and
(4) Prepare and submit to the director, by each December 1st, beginning December 1, 1993, a report detailing its
findings and make specific program, legislative, and funding
recommendations and any other recommendations it deems
appropriate. [1993 c 478 § 6.]
43.185B.040 Housing advisory plan—Report to
legislature. (1) The department shall, in consultation with
the affordable housing advisory board created in RCW
43.185B.020, prepare and from time to time amend a fiveyear housing advisory plan. The purpose of the plan is to
document the need for affordable housing in the state and
the extent to which that need is being met through public
and private sector programs, to facilitate planning to meet
the affordable housing needs of the state, and to enable the
development of sound strategies and programs for affordable
housing. The information in the five-year housing advisory
plan must include:
(a) An assessment of the state’s housing market trends;
(b) An assessment of the housing needs for all economic
segments of the state and special needs populations;
(c) An inventory of the supply and geographic distribution of affordable housing units made available through
public and private sector programs;
(d) A status report on the degree of progress made by
the public and private sector toward meeting the housing
needs of the state;
(e) An identification of state and local regulatory
barriers to affordable housing and proposed regulatory and
[Title 43 RCW—page 554]
administrative techniques designed to remove barriers to the
development and placement of affordable housing; and
(f) Specific recommendations, policies, or proposals for
meeting the affordable housing needs of the state.
(2)(a) The five-year housing advisory plan required
under subsection (1) of this section must be submitted to the
legislature on or before February 1, 1994, and subsequent
plans must be submitted every five years thereafter.
(b) Each February 1st, beginning February 1, 1995, the
department shall submit an annual progress report, to the
legislature, detailing the extent to which the state’s affordable housing needs were met during the preceding year and
recommendations for meeting those needs. [1993 c 478 §
12.]
43.185B.900 Short title. This chapter may be known
and cited as the "Washington housing policy act." [1993 c
478 § 24.]
Chapter 43.190
LONG-TERM CARE OMBUDSMAN PROGRAM
Sections
43.190.010 Findings.
43.190.020 "Long-term care facility" defined.
43.190.030 Office of state long-term care ombudsman created—Powers
and duties—Rules.
43.190.040 Long-term care ombudsmen.
43.190.050 Posting of notice by long-term care facility—Distribution of
information to residents.
43.190.060 Duties of ombudsman.
43.190.065 Local and state long-term care ombudsmen—Duties and
authority in federal older Americans act.
43.190.070 Referral procedures—Action on complaints.
43.190.080 Development of procedures on right of entry to facilities—
Access to residents—Preservation of rights.
43.190.090 Liability of ombudsman—Discriminatory, disciplinary, or
retaliatory actions—Communications privileged—
Testimony.
43.190.110 Confidentiality of records and files—Disclosures prohibited—Exception.
43.190.120 Expenditure of funds on long-term care ombudsman program.
43.190.900 Severability—1983 c 290.
43.190.010 Findings. The legislature finds that in
order to comply with the federal Older Americans Act and
to effectively assist residents, patients, and clients of longterm care facilities in the assertion of their civil and human
rights, a long-term care ombudsman program should be
instituted. [1983 c 290 § 1.]
43.190.020 "Long-term care facility" defined. As
used in this chapter, "long-term care facility" means any of
the following:
(1) A facility which:
(a) Maintains and operates twenty-four hour skilled
nursing services for the care and treatment of chronically ill
or convalescent patients, including mental, emotional, or
behavioral problems, mental retardation, or alcoholism;
(b) Provides supportive, restorative, and preventive
health services in conjunction with a socially oriented
program to its residents, and which maintains and operates
twenty-four hour services including board, room, personal
(2002 Ed.)
Long-Term Care Ombudsman Program
care, and intermittent nursing care. "Long-term health care
facility" includes nursing homes and nursing facilities, but
does not include acute care hospital or other licensed
facilities except for that distinct part of the hospital or
facility which provides nursing facility services.
(2) Any family home, group care facility, or similar
facility determined by the secretary, for twenty-four hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(3) Any swing bed in an acute care facility. [1995 1st
sp.s. c 18 § 32; 1991 sp.s. c 8 § 3; 1983 c 290 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
43.190.030 Office of state long-term care ombudsman created—Powers and duties—Rules. There is created
the office of the state long-term care ombudsman. The
department of community, trade, and economic development
shall contract with a private nonprofit organization to
provide long-term care ombudsman services as specified
under, and consistent with, the federal older Americans act
as amended, federal mandates, the goals of the state, and the
needs of its citizens. The department of community, trade,
and economic development shall ensure that all program and
staff support necessary to enable the ombudsman to effectively protect the interests of residents, patients, and clients
of all long-term care facilities is provided by the nonprofit
organization that contracts to provide long-term care ombudsman services. The department of community, trade, and
economic development shall adopt rules to carry out this
chapter and the long-term care ombudsman provisions of the
federal older Americans act, as amended, and applicable
federal regulations. The long-term care ombudsman program
shall have the following powers and duties:
(1) To provide services for coordinating the activities of
long-term care ombudsmen throughout the state;
(2) Carry out such other activities as the department of
community, trade, and economic development deems
appropriate;
(3) Establish procedures consistent with RCW
43.190.110 for appropriate access by long-term care ombudsmen to long-term care facilities and patients’ records,
including procedures to protect the confidentiality of the
records and ensure that the identity of any complainant or
resident will not be disclosed without the written consent of
the complainant or resident, or upon court order;
(4) Establish a statewide uniform reporting system to
collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for
submission of such data to the department of social and
health services and to the federal department of health and
human services, or its successor agency, on a regular basis;
and
(5) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at
the discretion of the ombudsman having authority over the
disposition of such files, except that the identity of any
(2002 Ed.)
43.190.020
complainant or resident of a long-term care facility shall not
be disclosed by such ombudsman unless:
(a) Such complainant or resident, or the complainant’s
or resident’s legal representative, consents in writing to such
disclosure; or
(b) Such disclosure is required by court order. [1997 c
194 § 1; 1995 c 399 § 105; 1988 c 119 § 2; 1983 c 290 §
3.]
Effective date—1988 c 119 § 2: "Section 2 of this act shall take
effect July 1, 1989." [1988 c 119 § 5.]
Legislative findings—1988 c 119: "The legislature recognizes that
the state long-term care ombudsman program and the office of the state
long-term care ombudsman, located within the department of social and
health services, have brought into serious question the ability of that office
to serve as an effective mechanism on the state level for investigating and
resolving complaints made by or on behalf of residents of long-term care
facilities.
The legislature further finds it necessary to exercise its options under
the federal older Americans act and identify an organization, outside of the
department of social and health services and independent of any other state
agency, to provide, through contract, long-term care ombudsman services."
[1988 c 119 § 1.]
Survey—1988 c 119: "The committee on health care of the house of
representatives shall conduct a survey and analysis of the appropriate
placement outside of state government of the office of the state long-term
care ombudsman. The survey shall ascertain how the contracted placement
of the office will most effectively allow it to meet its responsibilities under
chapter 43.190 RCW. A draft of the findings shall be submitted to the
governor and the legislature before the first Friday in November 1988 and
the final findings, conclusions, and recommendations shall be submitted in
a report to the governor and the legislature no later than December 30,
1988.
The survey required shall include, but is not limited to, a complete
assessment of how independently contracting the program outside state
government will provide the office with an effective means for resolving
complaints and building program accountability and integrity facilitating
local involvement and contributing to long-term care policy development.
The study shall also clearly identify and describe how this model for
administering the duties and responsibilities of the ombudsman will affect
the ability of the office to function as mandated under the federal older
Americans act, and provide suggestions that will assist the office to
coordinate information and assistance, to the fullest degree possible, with
citizen groups, the general public, the nursing home industry, and local
volunteer programs. The survey shall further specify the operational
program details necessary for adopting the proposed independently
contracted plan." [1988 c 119 § 3.]
Use of survey findings—1988 c 119: "The survey findings, together
with any reports of legislative committees in response to such survey, shall
be used by the department of community development in determining the
best manner to contract for and provide long-term care ombudsman
services." [1988 c 119 § 4.]
43.190.040 Long-term care ombudsmen. (1) Any
long-term care ombudsman authorized by this chapter or a
local governmental authority shall have training or experience or both in the following areas:
(a) Gerontology, long-term care, or other related social
services programs.
(b) The legal system.
(c) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation.
(2) A long-term care ombudsman shall not have been
employed by or participated in the management of any longterm care facility within the past year.
(3) A long-term care ombudsman shall not have been
employed in a governmental position with direct involvement
in the licensing, certification, or regulation of long-term care
facilities within the past year.
[Title 43 RCW—page 555]
43.190.040
Title 43 RCW: State Government—Executive
(4) No long-term care ombudsman or any member of
his or her immediate family shall have, or have had within
the past year, any significant ownership or investment interest in one or more long-term care facilities.
(5) A long-term care ombudsman shall not be assigned
to a long-term care facility in which a member of that
ombudsman’s immediate family resides. [2002 c 100 § 1;
1983 c 290 § 4.]
43.190.050 Posting of notice by long-term care
facility—Distribution of information to residents. Every
long-term care facility shall post in a conspicuous location
a notice of the nursing home complaint toll-free number and
the name, address, and phone number of the office of the
appropriate long-term care ombudsman and a brief description of the services provided by the office. The form of the
notice shall be approved by the office and the organization
responsible for maintaining the nursing home complaint tollfree number. This information shall also be distributed to
the residents, family members, and legal guardians upon the
resident’s admission to the facility. [1983 c 290 § 5.]
43.190.060 Duties of ombudsman. A long-term care
ombudsman shall:
(1) Identify, investigate, and resolve complaints made by
or on behalf of residents of long-term care facilities relating
to administrative action, inaction, or decisions which may
adversely affect the health, safety, welfare, and rights of
these individuals;
(2) Monitor the development and implementation of
federal, state, and local laws, rules, regulations, and policies
with respect to long-term care facilities in this state;
(3) Provide information as appropriate to residents,
resident representatives, and others regarding the rights of
residents, and to public agencies regarding the problems of
individuals residing in long-term care facilities; and
(4) Provide for training volunteers and promoting the
development of citizen organizations to participate in the
ombudsman program. A trained volunteer long-term care
ombudsman, in accordance with the policies and procedures
established by the state long-term care ombudsman program,
shall inform residents, their representatives, and others about
the rights of residents, and may identify, investigate, and
resolve complaints made by or on behalf of residents of
long-term care facilities relating to action, inaction, or decisions, that may adversely affect the health, safety, welfare,
and rights of these individuals.
Nothing in chapter 133, Laws of 1999 shall be construed to empower the state long-term care ombudsman or
any local long-term care ombudsman with statutory or
regulatory licensing or sanctioning authority. [1999 c 133 §
1; 1995 1st sp.s. c 18 § 33; 1987 c 158 § 3; 1983 c 290 §
6.]
Severability—1999 c 133: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 133 § 3.]
Effective date—1999 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 28, 1999]." [1999 c 133 § 4.]
[Title 43 RCW—page 556]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Definitions: See RCW 74.39.007.
43.190.065 Local and state long-term care ombudsmen—Duties and authority in federal older Americans
act. A local long-term care ombudsman, including a trained
volunteer long-term care ombudsman, shall have the duties
and authority set forth in the federal older Americans act (42
U.S.C. Sec. 3058 et seq.) for local ombudsmen. The state
long-term care ombudsman and representatives of the office
of the state long-term care ombudsman, shall have the duties
and authority set forth in the federal older Americans act for
the state long-term care ombudsman and representatives of
the office of the state long-term care ombudsman. [1999 c
133 § 2.]
Severability—Effective date—1999 c 133: See notes following
RCW 43.190.060.
43.190.070 Referral procedures—Action on complaints. (1) The office of the state long-term care ombudsman shall develop referral procedures for all long-term care
ombudsman programs to refer any complaint to any appropriate state or local government agency. The department of
social and health services shall act as quickly as possible on
any complaint referred to them by a long-term care ombudsman.
(2) The department of social and health services shall
respond to any complaint against a long-term care facility
which was referred to it by a long-term care ombudsman and
shall forward to that ombudsman a summary of the results
of the investigation and action proposed or taken. [1983 c
290 § 7.]
43.190.080 Development of procedures on right of
entry to facilities—Access to residents—Preservation of
rights. (1) The office of the state long-term care ombudsman shall develop procedures governing the right of entry of
all long-term care ombudsmen to long-term care facilities
and shall have access to residents with provisions made for
privacy for the purpose of hearing, investigating, and resolving complaints of, and rendering advice to, individuals who
are patients or residents of the facilities at any time deemed
necessary and reasonable by the state ombudsman to
effectively carry out the provisions of this chapter.
(2) Nothing in this chapter restricts, limits, or increases
any existing right of any organizations or individuals not
described in subsection (1) of this section to enter or provide
assistance to patients or residents of long-term care facilities.
(3) Nothing in this chapter restricts any right or privilege of any patient or resident of a long-term care facility to
receive visitors of his or her choice. [1983 c 290 § 8.]
43.190.090
Liability of ombudsman—
Discriminatory, disciplinary, or retaliatory actions—
Communications privileged—Testimony. (1) No longterm care ombudsman is liable for good faith performance
of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action
may be taken against any employee of a facility or agency,
any patient, resident, or client of a long-term care facility, or
(2002 Ed.)
Long-Term Care Ombudsman Program
any volunteer, for any communication made, or information
given or disclosed, to aid the long-term care ombudsman in
carrying out its duties and responsibilities, unless the same
was done maliciously or without good faith. This subsection
is not intended to infringe on the rights of the employer to
supervise, discipline, or terminate an employee for other
reasons.
(3) All communications by a long-term care ombudsman, if reasonably related to the requirements of that
individual’s responsibilities under this chapter and done in
good faith, are privileged and that privilege shall serve as a
defense to any action in libel or slander.
(4) A representative of the office is exempt from being
required to testify in court as to any confidential matters
except as the court may deem necessary to enforce this
chapter. [1983 c 290 § 9.]
43.190.110 Confidentiality of records and files—
Disclosures prohibited—Exception. All records and files
of long-term care ombudsmen relating to any complaint or
investigation made pursuant to carrying out their duties and
the identities of complainants, witnesses, patients, or residents shall remain confidential unless disclosure is authorized by the patient or resident or his or her guardian or
legal representative. No disclosures may be made outside
the office without the consent of any named witnesses,
resident, patient, client, or complainant unless the disclosure
is made without the identity of any of these individuals
being disclosed. [1983 c 290 § 11.]
43.190.120 Expenditure of funds on long-term care
ombudsman program. It is the intent that federal requirements be complied with and the department annually expend
at least one percent of the state’s allotment of social services
funds from Title III B of the Older Americans Act of 1965,
as it exists as of July 24, 1983, or twenty thousand dollars,
whichever is greater to establish the state long-term care
ombudsman program established by this chapter if funds are
appropriated by the legislature. [1983 c 290 § 12.]
43.190.900 Severability—1983 c 290. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1983 c 290 § 17.]
Chapter 43.200
RADIOACTIVE WASTE ACT
Sections
43.200.010 Finding—Purpose.
43.200.015 Definitions.
43.200.020 Participation authority regarding federal statutes—Federal
financial assistance.
43.200.030 Cooperation required.
43.200.040 Nuclear waste board created—Membership—Compensation
and travel expenses.
43.200.070 Rules.
43.200.080 Additional powers and duties of director—Site closure account—Perpetual surveillance and maintenance account.
43.200.170 Waste disposal surcharges and penalty surcharges—
Disposition.
(2002 Ed.)
43.190.090
43.200.180 Implementation of federal low-level radioactive waste policy
amendments of 1985.
43.200.190 Studies on site closure and perpetual care and maintenance
requirements and on adequacy of insurance coverage.
43.200.200 Review of potential damage—Financial assurance.
43.200.210 Immunity of state—Demonstration of financial assurance—
Suspension of permit.
43.200.220 Site closure fee—Generally.
43.200.230 Fees for waste generators.
43.200.233 Waste generator surcharge remittal to counties.
43.200.235 Disposal of waste generator surcharges.
43.200.900 Construction of chapter.
43.200.901 Conflict with federal requirements—1983 1st ex.s. c 19.
43.200.902 Severability—1983 1st ex.s. c 19.
43.200.903 Severability—1984 c 161.
43.200.905 Construction—1986 c 191.
43.200.906 Severability—1986 c 191.
Nuclear energy and radiation: Chapter 70.98 RCW.
43.200.010 Finding—Purpose. The legislature finds
that the safe transporting, handling, storage, or otherwise
caring for radioactive wastes is required to protect the health,
safety, and welfare of the citizens of the state of Washington. It is the purpose of this chapter to establish authority
for the state to exercise appropriate oversight and care for
the safe management and disposal of radioactive wastes; to
consult with the federal government and other states on
interim or permanent storage of these radioactive wastes; and
to carry out the state responsibilities under the federal
nuclear waste policy act of 1982. [1983 1st ex.s. c 19 § 1.]
43.200.015 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "High-level radioactive waste" means "high-level
radioactive waste" as the term is defined in 42 U.S.C. Sec.
10101 (P.L. 97-425).
(2) "Low-level radioactive waste" means waste material
that contains radioactive nuclides emitting primarily beta or
gamma radiation, or both, in concentrations or quantities that
exceed applicable federal or state standards for unrestricted
release. Low-level waste does not include waste containing
more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent nuclear fuel, nor
material classified as either high-level radioactive waste or
waste that is unsuited for disposal by near-surface burial
under any applicable federal regulations.
(3) "Radioactive waste" means both high-level and lowlevel radioactive waste.
(4) "Spent nuclear fuel" means spent nuclear fuel as the
term is defined in 42 U.S.C. Sec. 10101.
(5) "Department" means the department of ecology.
[1989 c 322 § 1; 1985 c 293 § 1; 1984 c 161 § 1.]
43.200.020 Participation authority regarding federal
statutes—Federal financial assistance. The department of
ecology is designated as the executive branch agency for
participation in the federal nuclear waste policy act of 1982
and the federal low-level radioactive waste policy act of
1980, however the legislature retains an autonomous role
with respect to participation in all aspects of the federal nuclear waste policy act of 1982. The department may receive
federal financial assistance for carrying out radioactive waste
management activities, including assistance for expenses,
[Title 43 RCW—page 557]
43.200.020
Title 43 RCW: State Government—Executive
salaries, travel, and monitoring and evaluating the program
of repository exploration and siting undertaken by the federal
government. [1989 c 322 § 2; 1984 c 161 § 2; 1983 1st
ex.s. c 19 § 2.]
43.200.030 Cooperation required. All departments,
agencies, and officers of this state and its subdivisions shall
cooperate with the department of ecology in the furtherance
of any of its activities pursuant to this chapter. [1989 c 322
§ 3; 1984 c 161 § 4; 1983 1st ex.s. c 19 § 3.]
43.200.040 Nuclear waste board created—
Membership—Compensation and travel expenses.
Reviser’s note: RCW 43.200.040 was amended by 1989 1st ex.s. c
9 § 219 without reference to its repeal by 1989 c 322 § 7, effective July 23,
1989. It has been decodified for publication purposes pursuant to RCW
1.12.025.
43.200.070 Rules. The department of ecology shall
adopt such rules as are necessary to carry out responsibilities
under this chapter. The department of ecology is authorized
to adopt such rules as are necessary to carry out its responsibilities under chapter 43.145 RCW. [1989 c 322 § 5; 1986
c 2 § 5; 1984 c 161 § 8; 1983 1st ex.s. c 19 § 7.]
43.200.080 Additional powers and duties of director—Site closure account—Perpetual surveillance and
maintenance account. The director of ecology shall, in
addition to the powers and duties otherwise imposed by law,
have the following special powers and duties:
(1) To fulfill the responsibilities of the state under the
lease between the state of Washington and the federal
government executed September 10, 1964, covering one
thousand acres of land lying within the Hanford reservation
near Richland, Washington. The department of ecology may
sublease to private or public entities all or a portion of the
land for specific purposes or activities which are determined,
after public hearing, to be in agreement with the terms of the
lease and in the best interests of the citizens of the state
consistent with any criteria that may be developed as a
requirement by the legislature;
(2) To assume the responsibilities of the state under the
perpetual care agreement between the state of Washington
and the federal government executed July 29, 1965 and the
sublease between the state of Washington and the site
operator of the Hanford low-level radioactive waste disposal
facility. In order to finance perpetual surveillance and
maintenance under the agreement and ensure site closure
under the sublease, the department of ecology shall impose
and collect fees from parties holding radioactive materials
for waste management purposes. The fees shall be established by rule adopted under chapter 34.05 RCW and shall
be an amount determined by the department of ecology to be
necessary to defray the estimated liability of the state. Such
fees shall reflect equity between the disposal facilities of this
and other states. A site closure account and a perpetual
surveillance and maintenance account is hereby created in
the state treasury. The site closure account shall be exclusively available to reimburse, to the extent that moneys are
available in the account, the site operator for its costs plus
a reasonable profit as agreed by the operator and the state,
[Title 43 RCW—page 558]
or to reimburse the state licensing agency and any agencies
under contract to the state licensing agency for their costs in
final closure and decommissioning of the Hanford low-level
radioactive waste disposal facility. If a balance remains in
the account after satisfactory performance of closure and
decommissioning, this balance shall be transferred to the
perpetual surveillance and maintenance account. The
perpetual surveillance and maintenance account shall be used
exclusively by the state to meet post-closure surveillance and
maintenance costs, or for otherwise satisfying surveillance
and maintenance obligations. Appropriations are required to
permit expenditures and payment of obligations from the site
closure account and the perpetual surveillance and maintenance account. All moneys, including earnings from the
investment of balances in the site closure and the perpetual
surveillance and maintenance account, less the allocation to
the state treasurer’s service fund, pursuant to RCW
43.08.190 accruing under the authority of this section shall
be directed to the site closure account until December 31,
1992. Thereafter receipts including earnings from the
investment of balances in the site closure and the perpetual
surveillance and maintenance account, less the allocation to
the state treasurer’s service fund, pursuant to RCW
43.08.190 shall be directed to the site closure account and
the perpetual surveillance and maintenance account as
specified by the department. Additional moneys specifically
appropriated by the legislature or received from any public
or private source may be placed in the site closure account
and the perpetual surveillance and maintenance account;
(3) To assure maintenance of such insurance coverage
by state licensees, lessees, or sublessees as will adequately,
in the opinion of the director, protect the citizens of the state
against nuclear accidents or incidents that may occur on
privately or state-controlled nuclear facilities;
(4) To institute a user permit system and issue site use
permits, consistent with regulatory practices, for generators,
packagers, or brokers using the Hanford low-level radioactive waste disposal facility. The costs of administering the
user permit system shall be borne by the applicants for site
use permits. The site use permit fee shall be set at a level
that is sufficient to fund completely the executive and
legislative participation in activities related to the Northwest
Interstate Compact on Low-Level Radioactive Waste
Management;
(5) To make application for or otherwise pursue any
federal funds to which the state may be eligible, through the
federal resource conservation and recovery act or any other
federal programs, for the management, treatment or disposal,
and any remedial actions, of wastes that are both radioactive
and hazardous at all Hanford low-level radioactive waste
disposal facilities; and
(6) To develop contingency plans for duties and options
for the department and other state agencies related to the
Hanford low-level radioactive waste disposal facility based
on various projections of annual levels of waste disposal.
These plans shall include an analysis of expected revenue to
the state in various taxes and funds related to low-level
radioactive waste disposal and the resulting implications that
any increase or decrease in revenue may have on state
agency duties or responsibilities. The plans shall be updated
annually. [1999 c 372 § 12; 1991 sp.s. c 13 § 60; 1990 c 21
§ 6; 1989 c 418 § 2; 1986 c 2 § 1; 1983 1st ex.s. c 19 § 8.]
(2002 Ed.)
Radioactive Waste Act
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Suspension and reinstatement of site use permits: RCW 70.98.085.
43.200.170 Waste disposal surcharges and penalty
surcharges—Disposition. The governor may assess
surcharges and penalty surcharges on the disposal of waste
at the Hanford low-level radioactive waste disposal facility.
The surcharges may be imposed up to the maximum extent
permitted by federal law. Ten dollars per cubic foot of the
moneys received under this section shall be transmitted
monthly to the site closure account established under RCW
43.200.080. The rest of the moneys received under this
section shall be deposited in the general fund. [1990 c 21 §
3; 1986 c 2 § 3.]
43.200.180 Implementation of federal low-level
radioactive waste policy amendments of 1985. The
department of ecology shall be the state agency responsible
for implementation of the federal low-level radioactive waste
policy amendments act of 1985, including:
(1) Collecting and administering the surcharge assessed
by the governor under RCW 43.200.170;
(2) Collecting low-level radioactive waste data from
disposal facility operators, generators, intermediate handlers,
and the federal department of energy;
(3) Developing and operating a computerized information system to manage low-level radioactive waste data;
(4) Denying and reinstating access to the Hanford lowlevel radioactive waste disposal facility pursuant to the
authority granted under federal law;
(5) Administering and/or monitoring (a) the maximum
waste volume levels for the Hanford low-level radioactive
waste disposal facility, (b) reactor waste allocations, (c)
priority allocations under the Northwest Interstate Compact
on Low-Level Radioactive Waste Management, and (d)
adherence by other states and compact regions to federal
statutory deadlines; and
(6) Coordinating the state’s low-level radioactive waste
disposal program with similar programs in other states.
[1998 c 245 § 81; 1986 c 2 § 4.]
43.200.190 Studies on site closure and perpetual
care and maintenance requirements and on adequacy of
insurance coverage. The department of ecology shall
perform studies, by contract or otherwise, to define site
closure and perpetual care and maintenance requirements for
the Hanford low-level radioactive waste disposal facility and
to assess the adequacy of insurance coverage for general
liability, radiological liability, and transportation liability for
the facility. [1998 c 245 § 82; 1986 c 2 § 6.]
43.200.200 Review of potential damage—Financial
assurance. (1) The director of the department of ecology
shall periodically review the potential for bodily injury and
property damage arising from the transportation and disposal
of commercial low-level radioactive waste under permits
issued by the state.
(2) The director may require permit holders to demonstrate financial assurance in an amount that is adequate to
protect the state and its citizens from all claims, suits, losses,
(2002 Ed.)
43.200.080
damages, or expenses on account of injuries to persons and
property damage arising or growing out of the transportation
or disposal of commercial low-level radioactive waste. The
financial assurance may be in the form of insurance, cash
deposits, surety bonds, corporate guarantees, and other
acceptable instruments or guarantees determined by the
director to be acceptable evidence of financial assurance.
(3) In making the determination of the appropriate level
of financial assurance, the director shall consider:
(a) The nature and purpose of the activity and its
potential for injury and damages to or claims against the
state and its citizens;
(b) The current and cumulative manifested volume and
radioactivity of waste being packaged, transported, buried, or
otherwise handled;
(c) The location where the waste is being packaged,
transported, buried, or otherwise handled, including the
proximity to the general public and geographic features such
as geology and hydrology, if relevant; and
(d) The legal defense cost, if any, that will be paid from
the required financial assurance amount.
(4) The director may establish different levels of
required financial assurance for various classes of permit
holders.
(5) The director shall establish by rule the instruments
or mechanisms by which a permit applicant or holder may
demonstrate financial assurance as required by RCW
43.200.210. [1998 c 245 § 83; 1992 c 61 § 1; 1990 c 82 §
1; 1986 c 191 § 1.]
43.200.210 Immunity of state—Demonstration of
financial assurance—Suspension of permit. (1) The
department of ecology shall require that any person who
holds or applies for a permit under this chapter indemnify
and hold harmless the state from claims, suits, damages, or
expenses on account of injuries to or death of persons and
property damage, arising or growing out of any operations
and activities for which the person holds the permit, and any
necessary or incidental operations.
(2) The department of ecology shall refuse to issue or
shall suspend the permit of any person required by this
section to demonstrate adequate financial assurance who fails
to demonstrate compliance with this section. The permit
shall not be issued or reinstated until the person demonstrates compliance with this section.
(3) The department of ecology shall require (a) that any
person required to demonstrate financial assurance maintain
with the agency current copies of any insurance policies,
certificates of insurance, or any other documents sufficient
to evidence compliance with this section, (b) that the agency
be notified of any changes in the instruments of financial
assurance or financial condition of the person, and (c) that
the state be named as an insured party on any insurance
policy used to comply with this section. This subsection
shall not apply to any person subject to the same requirements under RCW 70.98.095. [1992 c 61 § 2; 1990 c 82 §
2; 1986 c 191 § 2.]
43.200.220 Site closure fee—Generally. Beginning
January 1, 1993, the department of ecology may impose a
reasonable site closure fee if necessary to be deposited in the
[Title 43 RCW—page 559]
43.200.220
Title 43 RCW: State Government—Executive
site closure account established under RCW 43.200.080.
The department may continue to collect moneys for the site
closure account until the account contains an amount
sufficient to complete the closure plan, as specified in the
radioactive materials license issued by the department of
health. [1990 c 21 § 4.]
Rate regulation anticipated—1990 c 21: "State and national policy
directs that the management of low-level radioactive waste shall be
accomplished by a system of interstate compacts and the development of
regional disposal sites. The Northwest regional compact, comprised of the
states of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, and Washington,
has as its disposal facility the low-level radioactive waste disposal site
located near Richland, Washington. This site is expected to be the sole site
for disposal of low-level radioactive waste for compact members effective
January 1, 1993. Future closure of this site will require significant financial
resources.
Low-level radioactive waste is generated by essential activities and
services that benefit the citizens of the state. Washington state’s low-level
radioactive waste disposal site has been used by the nation and the
Northwest compact as a disposal site since 1965. The public has come to
rely on access to this site for disposal of low-level radioactive waste, which
requires separate handling from other solid and hazardous wastes. The price
of disposing of low-level radioactive waste at the Washington state lowlevel radioactive waste disposal site is anticipated to increase when the
federal low-level radioactive waste policy amendments act of 1985 is
implemented and waste generated outside the Northwest compact states is
excluded. To protect Washington and other Northwest compact states’
businesses and services, such as electrical production, medical and
university research, and private industries, upon which the public relies,
there may be a need to regulate the rates charged by the operator of
Washington’s low-level radioactive waste disposal site." [1990 c 21 § 1.]
Low-level waste disposal rate regulation study: RCW 81.04.520.
43.200.230 Fees for waste generators. The director
of the department of ecology shall require that generators of
waste pay a fee for each cubic foot of waste disposed at any
facility in the state equal to six dollars and fifty cents. The
fee shall be imposed specifically on the generator of the
waste and shall not be considered to apply in any way to the
low-level site operator’s disposal activities. The fee shall be
allocated in accordance with RCW 43.200.233 and
43.200.235. This subsection shall be invalidated and the
authorization to collect a surcharge removed if the legislature
or any administrative agency of the state of Washington
prior to January 1, 1993, (1) imposes fees, assessments, or
charges other than perpetual care and maintenance, site
surveillance, and site closing fees currently applicable to the
Hanford commercial low-level waste site operator’s activities, (2) imposes any additional fees, assessments, or charges
on generators using the Hanford commercial low-level waste
site, or (3) increases any existing fees, assessments, or
charges. [1991 c 272 § 16.]
Effective dates—1991 c 272: See RCW 81.108.901.
43.200.233 Waste generator surcharge remittal to
counties. A portion of the surcharge received under RCW
43.200.230 shall be remitted monthly to the county in which
the low-level radioactive waste disposal facility is located in
the following manner:
(1) During 1993, six dollars and fifty cents per cubic
foot of waste;
(2) During 1994, three dollars and twenty-five cents per
cubic foot of waste; and
(3) During 1995 and thereafter, two dollars per cubic
foot of waste. [1991 c 272 § 17.]
[Title 43 RCW—page 560]
Effective dates—1991 c 272: See RCW 81.108.901.
43.200.235 Disposal of waste generator surcharges.
Except for moneys that may be remitted to a county in
which a low-level radioactive waste disposal facility is
located, all surcharges authorized under RCW 43.200.230
shall be deposited in the fund created in RCW 43.31.422.
[1991 c 272 § 18.]
Effective dates—1991 c 272: See RCW 81.108.901.
43.200.900 Construction of chapter. The rules of
strict construction do not apply to this chapter and it shall be
liberally construed in order to carry out the objective for
which it is designed, in accordance with the legislative intent
to give the board the maximum possible freedom in carrying
the provisions of this chapter into effect. [1984 c 161 § 15;
1983 1st ex.s. c 19 § 10.]
43.200.901 Conflict with federal requirements—
1983 1st ex.s. c 19. If any part of this act shall be found to
be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the
state, such conflicting part of this act is hereby declared to
be inoperative solely to the extent of such conflict and with
respect to the agencies directly affected, and such finding or
determination shall not affect the operation of the remainder
of this act in its application to the agencies concerned. The
rules and regulations under this act shall meet federal requirements which are a necessary condition to the receipt of
federal funds by the state. [1983 1st ex.s. c 19 § 11.]
43.200.902 Severability—1983 1st ex.s. c 19. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 19 § 12.]
43.200.903 Severability—1984 c 161. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1984 c 161 § 17.]
43.200.905 Construction—1986 c 191. The provisions of this act shall not have the effect of reducing the
level of liability coverage required under any law, regulation,
or contract of the state before December 31, 1987, or the
effective date of the first determination made pursuant to
RCW 43.200.200, if earlier. [1986 c 191 § 4.]
43.200.906 Severability—1986 c 191. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1986 c 191 § 6.]
(2002 Ed.)
High-Level Nuclear Waste Repository Siting
Chapter 43.205
HIGH-LEVEL NUCLEAR WASTE
REPOSITORY SITING
Sections
43.205.010 Findings.
43.205.020 Duties relating to the site selection process for a high-level
nuclear waste repository.
43.205.900 Transmission of copies of act—1986 ex.s. c 1.
43.205.901 Referral to electorate—Ballot title—1986 ex.s. c 1.
Nuclear waste site—Election for disapproval: Chapter 29.91 RCW.
43.205.010 Findings. The legislature and the people
of the state of Washington find that:
(1) In order to solve the problem of high-level radioactive waste disposal, congress established a process for
selecting two sites for the safe, permanent, and regionally
equitable disposal of such waste.
(2) The process of selecting three sites as final candidates, including the Hanford reservation, for a first high-level
nuclear waste repository by the United States department of
energy violated the intent and the mandate of congress.
(3) The United States department of energy has prematurely deferred consideration of numerous potential sites and
disposal media that its own research indicates are more
appropriate, safer, and less expensive.
(4) Placement of a repository at Hanford without
methodical and independently verified scientific evaluation
will pose a threat to the health and safety of the people and
the environment of this state.
(5) The selection process is flawed and not credible
because it did not include independent experts in the
selection of the sites and in the review of that selection, as
recommended by the National Academy of Sciences.
(6) By postponing indefinitely all site specific work for
a second repository, the United States department of energy
has not complied with the intent of congress expressed in the
Nuclear Waste Policy Act, Public Law 97-425, and the
fundamental compromise which enabled its enactment.
[1986 ex.s. c 1 § 1.]
43.205.020 Duties relating to the site selection
process for a high-level nuclear waste repository. In
order to achieve complete compliance with federal law and
protect the health, safety, and welfare of the people of the
state of Washington, the governor, the legislature, other
statewide elected officials, and the nuclear waste board shall
use all legal means necessary to:
(1) Suspend the preliminary site selection process for a
high-level nuclear waste repository, including the process of
site characterization, until there is compliance with the intent
of the Nuclear Waste Policy Act;
(2) Reverse the secretary of energy’s decision to
postpone indefinitely all site specific work on locating and
developing a second repository for high-level nuclear waste;
(3) Insist that the United States department of energy’s
site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically
justified, and regionally and geographically equitable highlevel nuclear waste disposal;
(2002 Ed.)
Chapter 43.205
(4) Demand that federal budget actions fully and
completely follow the intent of the Nuclear Waste Policy
Act; and
(5) Continue to pursue alliances with other states and
interested parties, particularly with Pacific Northwest
governors, legislatures, and other parties, affected by the site
selection and transportation of high-level nuclear waste.
[1986 ex.s. c 1 § 2.]
43.205.900 Transmission of copies of act—1986 ex.s.
c 1. See RCW 29.91.900.
43.205.901 Referral to electorate—Ballot title—1986
ex.s. c 1. See RCW 29.91.901.
Chapter 43.210
SMALL BUSINESS EXPORT FINANCE
ASSISTANCE CENTER
(Formerly: Export assistance center)
Sections
43.210.010 Findings.
43.210.020 Small business export finance assistance center authorized—
Purposes.
43.210.030 Board of directors—Membership—Terms—Vacancies.
43.210.040 Powers and duties.
43.210.050 Export assistance services contract with department of community, trade, and economic development.
43.210.060 Rule-making authority.
43.210.130 Minority business export outreach program.
43.210.010 Findings. The legislature finds:
(1) The exporting of goods and services from Washington to international markets is an important economic
stimulus to the growth, development, and stability of the
state’s businesses in both urban and rural areas, and that
these economic activities create needed jobs for Washingtonians.
(2) Impediments to the entry of many small and
medium-sized businesses into export markets have restricted
growth in exports from the state.
(3) Particularly significant impediments for many small
and medium-sized businesses are the lack of easily accessible information about export opportunities and financing
alternatives.
(4) There is a need for a small business export finance
assistance center which will specialize in providing export
assistance to small and medium-sized businesses throughout
the state in acquiring information about export opportunities
and financial alternatives for exporting. [1990 1st ex.s. c 17
§ 65; 1985 c 231 § 1; 1983 1st ex.s. c 20 § 1.]
Intent—1990 1st ex.s. c 17: "The legislature finds that the Puget
Sound region is experiencing economic prosperity and the challenges
associated with rapid growth; much of the rest of the state is not experiencing economic prosperity, and faces challenges associated with slow
economic growth. It is the intent of the legislature to encourage economic
prosperity and balanced economic growth throughout the state.
In order to accomplish this goal, growth must be managed more
effectively in the Puget Sound region, and rural areas must build local
capacity to accommodate additional economic activity in their communities.
Where possible, rural economies and low-income areas should be linked
with prosperous urban economies to share economic growth for the benefit
of all areas and the state.
[Title 43 RCW—page 561]
43.210.010
Title 43 RCW: State Government—Executive
To accomplish this goal it is the intent of the legislature to: (1)
Assure equitable opportunities to secure prosperity for distressed areas, rural
communities, and disadvantaged populations by promoting urban-rural
economic links, and by promoting value-added product development,
business networks, and increased exports from rural areas; (2) improve the
economic development service delivery system to be better able to serve
these areas, communities, and populations; (3) redirect the priorities of the
state’s economic development programs to focus economic development
efforts into areas and sectors of the greatest need; (4) build local capacity
so that communities are better able to plan for growth and achieve selfreliance; (5) administer grant programs to promote new feasibility studies
and project development on projects of interest to rural areas or areas
outside of the Puget Sound region; and (6) develop a coordinated economic
investment strategy involving state economic development programs,
businesses, educational and vocational training institutions, local governments and local economic development organizations, ports, and others."
[1990 1st ex.s. c 17 § 64.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
43.210.020 Small business export finance assistance
center authorized—Purposes. A nonprofit corporation, to
be known as the small business export finance assistance
center, and branches subject to its authority, may be formed
under chapter 24.03 RCW for the following public purposes:
(1) To assist small and medium-sized businesses in both
urban and rural areas in the financing of export transactions.
(2) To provide, singly or in conjunction with other
organizations, information and assistance to these businesses
about export opportunities and financing alternatives. [1998
c 109 § 1; 1990 1st ex.s. c 17 § 66; 1985 c 231 § 2; 1983
1st ex.s. c 20 § 2.]
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Transfer of property—1985 c 231: "All reports, documents, surveys,
books, records, files, papers, or written material in the possession of the
export assistance center shall be delivered to the custody of the small
business export finance assistance center. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
export assistance center shall be made available to the small business export
finance assistance center. All funds, credits, or other assets held by the
export assistance center shall be assigned to the small business export
finance assistance center.
Whenever any question arises as to the transfer of any funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned." [1985 c 231 § 7.]
Existing contracts—1985 c 231: "All existing contracts and
obligations shall remain in full force and shall be performed by the small
business export finance assistance center." [1985 c 231 § 8.]
Savings—1985 c 231: "The transfer of the powers, duties, and
functions of the export assistance center shall not affect the validity of any
act performed prior to May 10, 1985." [1985 c 231 § 9.]
43.210.030 Board of directors—Membership—
Terms—Vacancies. The small business export finance assistance center and its branches shall be governed and
managed by a board of seven directors appointed by the
governor, with the advice of the board, and confirmed by the
senate. The directors shall serve terms of four years
following the terms of service established by the initial
appointments after June 11, 1998. Three appointees,
including directors on June 11, 1998, who are reappointed,
must serve initial terms of two years and, if a director is
reappointed that director may serve a consecutive four-year
[Title 43 RCW—page 562]
term. Four appointees, including directors on June 11, 1998,
who are reappointed, must serve initial terms of four years
and, if a director is reappointed that director may serve a
consecutive four-year term. After the initial appointments,
directors may serve two consecutive terms. The directors
may provide for the payment of their expenses. The
directors shall include the director of community, trade, and
economic development or the director’s designee; representatives of a large financial institution engaged in financing
export transactions in the state of Washington; a small financial institution engaged in financing export transactions in
the state of Washington; a large exporting company domiciled in the state of Washington; a small exporting company
in the state of Washington; organized labor in a trade
involved in international commerce; and a representative at
large. To the extent possible, appointments to the board
shall reflect geographical balance and the diversity of the
state population. Any vacancies on the board due to the
expiration of a term or for any other reason shall be filled by
appointment by the governor for the unexpired term. [1998
c 109 § 2; 1995 c 399 § 106; 1991 c 314 § 15; 1985 c 231
§ 3; 1983 1st ex.s. c 20 § 3.]
Findings—1991 c 314: See note following RCW 43.160.020.
43.210.040 Powers and duties. (1) The small
business export finance assistance center formed under RCW
43.210.020 and 43.210.030 shall have the powers granted
under chapter 24.03 RCW. In exercising such powers, the
center may:
(a) Solicit and accept grants, contributions, and any
other financial assistance from the federal government,
federal agencies, and any other sources to carry out its
purposes;
(b) Provide assistance to businesses with annual sales of
two hundred million dollars or less in obtaining loans and
guarantees of loans made by financial institutions for the
purpose of financing export of goods or services from the
state of Washington;
(c) Provide export finance and risk mitigation counseling to Washington exporters with annual sales of two
hundred million dollars or less, provided that such counseling is not practicably available from a Washington for-profit
business. For such counseling, the center may charge
reasonable fees as it determines are necessary;
(d) Provide assistance in obtaining export credit insurance or alternate forms of foreign risk mitigation to facilitate
the export of goods and services from the state of Washington;
(e) Be available as a teaching resource to both public
and private sponsors of workshops and programs relating to
the financing and risk mitigation aspects of exporting
products and services from the state of Washington;
(f) Develop a comprehensive inventory of exportfinancing resources, both public and private, including
information on resource applicability to specific countries
and payment terms;
(g) Contract with the federal government and its
agencies to become a program administrator for federally
provided loan guarantee and export credit insurance programs; and
(2002 Ed.)
Small Business Export Finance Assistance Center
(h) Take whatever action may be necessary to accomplish the purposes set forth in this chapter.
(2) The center may not use any Washington state funds
or funds which come from the public treasury of the state of
Washington to make loans or to make any payment under a
loan guarantee agreement. Under no circumstances may the
center use any funds received under RCW 43.210.050 to
make or assist in making any loan or to pay or assist in
paying any amount under a loan guarantee agreement. Debts
of the center shall be center debts only and may be satisfied
only from the resources of the center. The state of Washington shall not in any way be liable for such debts.
(3) The small business export finance assistance center
shall make every effort to seek nonstate funds for its
continued operation.
(4) The small business export finance assistance center
may receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in
trust or otherwise, for the use and benefit of the purposes of
the small business export finance assistance center and
expend the same or any income therefrom according to the
terms of the gifts, grants, or endowments. [1998 c 109 § 3;
1987 c 505 § 43; 1985 c 231 § 4; 1983 1st ex.s. c 20 § 4.]
43.210.050 Export assistance services contract with
department of community, trade, and economic development. The small business export finance assistance center
formed under RCW 43.210.020 and 43.210.030 shall enter
into a contract under this chapter with the department of
community, trade, and economic development or its statutory
successor. The contract shall require the center to provide
export assistance services, consistent with *RCW 43.210.070
and 43.210.100 through 43.210.120, shall have a duration of
two years, and shall require the center to aggressively seek
to fund its continued operation from nonstate funds. The
contract shall also require the center to report annually to the
department on its success in obtaining nonstate funding.
Upon expiration of the contract, any provisions within the
contract applicable to the *Pacific Northwest export assistance project shall be automatically renewed without change
provided the legislature appropriates funds for administration
of the small business export assistance center and the
*Pacific Northwest export assistance project. The provisions
of the contract related to the *Pacific Northwest export
assistance project may be changed at any time if the director
of the department of community, trade, and economic
development or the president of the small business export
finance assistance center present compelling reasons supporting the need for a contract change to the board of directors
and a majority of the board of directors agrees to the
changes. The department of agriculture shall be included in
the contracting negotiations with the department of community, trade, and economic development and the small
business export finance assistance center when the *Pacific
Northwest export assistance project provides export services
to industrial sectors within the administrative domain of the
Washington state department of agriculture. [1998 c 245 §
84; 1995 c 399 § 107; 1991 c 314 § 16. Prior: 1985 c 466
§ 64; 1985 c 231 § 5; 1983 1st ex.s. c 20 § 5.]
*Reviser’s note: The "Pacific Northwest export assistance project"
was sunsetted by RCW 43.131.373 and 43.131.374, and RCW 43.210.070
(2002 Ed.)
43.210.040
and 43.210.100 through 43.210.120 were repealed by 1991 c 314 § 18,
effective June 30, 1997.
Findings—1991 c 314: See note following RCW 43.160.020.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.210.060 Rule-making authority. The department
of community, trade, and economic development or its
statutory successor shall adopt rules under chapter 34.05
RCW as necessary to carry out the purposes of this chapter.
[1995 c 399 § 108; 1985 c 466 § 65; 1983 1st ex.s. c 20 §
6.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
43.210.130 Minority business export outreach
program. The small business export finance assistance
center shall develop a minority business export outreach
program. The program shall provide outreach services to
minority-owned businesses in Washington to inform them of
the importance of and opportunities in international trade,
and to inform them of the export assistance programs
available to assist these businesses to become exporters.
[1993 c 512 § 5.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
Small business bonding assistance program: Chapter 43.172 RCW.
Chapter 43.220
WASHINGTON CONSERVATION CORPS
Sections
43.220.010
43.220.020
43.220.030
43.220.040
43.220.060
43.220.070
43.220.080
43.220.090
43.220.120
43.220.130
43.220.160
43.220.170
43.220.180
43.220.190
43.220.210
43.220.231
43.220.240
43.220.250
43.220.901
43.220.902
43.220.903
43.220.904
Legislative declaration.
Conservation corps created.
Program goals.
Definitions.
Powers and duties—Effect on employed workers—Use of
facilities, supplies, instruments, and tools of supervising
agency.
Corps membership—Eligibility, terms, etc.
Selection of corps members—Development of corps program.
Conservation corps established in department of ecology—
Work project areas.
Conservation corps established in department of fish and
wildlife—Work project areas.
Conservation corps established in department of natural
resources—Work project areas.
Conservation corps established in state parks and recreation
commission—Work project areas.
Exemption from unemployment compensation coverage.
Identification of historic properties and sites in need of rehabilitation or renovation—Use of corps members.
Duties of agencies.
Selection, review, approval, and evaluation of projects—
Recruitment, job training and placement services.
Limitation on use of funds.
Staff support—Administration.
Reimbursement of nonprofit corporations for certain services.
Severability—1983 1st ex.s. c 40.
Severability—1985 c 230.
Severability—1987 c 367.
Effective date—1999 c 280.
[Title 43 RCW—page 563]
43.220.010
Title 43 RCW: State Government—Executive
43.220.010 Legislative declaration. The legislature
declares that:
(1) A central element in the development of the state’s
young is the provision of meaningful work experience to
teach the value of labor and membership in a productive
society;
(2) It is important to provide an opportunity for grouporiented public service experiences for the state’s young
persons;
(3) The state is still benefiting from the wide range of
public works accomplished by the conservation corps many
years ago and that a similar program will likewise benefit
future generations; and
(4) Values of hard work, public spiritedness, group
achievement and cooperation, resource conservation, and
environmental appreciation can and should be transmitted to
society’s youth through a conservation corps program.
[1983 1st ex.s. c 40 § 2.]
43.220.020 Conservation corps created. The
Washington conservation corps is hereby created, to be
implemented by the following state departments: The
employment security department, the department of ecology,
the department of fish and wildlife, the department of natural
resources, and the state parks and recreation commission.
[1999 c 280 § 1; 1994 c 264 § 32; 1988 c 36 § 23; 1983 1st
ex.s. c 40 § 1.]
43.220.030 Program goals. Program goals of the
Washington conservation corps include:
(1) Conservation, rehabilitation, and enhancement of the
state’s natural, historic, environmental, and recreational
resources with emphasis given to projects which address the
following statewide priorities:
(a) Timber, fish and wildlife management plan;
(b) Watershed management plan;
(c) Eco-tourism and heritage tourism;
(d) Statewide water quality;
(e) United States-Canada fisheries treaty;
(f) Public access to and environmental education about
stewardship of natural resources on state lands;
(g) Recreational trails;
(h) Salmon recovery and volunteer initiatives;
(2) Development of the state’s youth resources through
meaningful work experiences;
(3) Making outdoor and historic resources of the state
available for public enjoyment;
(4) Teaching of the workings of natural, environmental,
and biological systems, as well as basic employment skills;
(5) Assisting agencies in carrying out statutory assignments with limited funding resources; and
(6) Providing needed public services in both urban and
rural settings with emphasis in a distressed area or areas.
[1999 c 280 § 2; 1987 c 367 § 1; 1983 1st ex.s. c 40 § 3.]
43.220.040 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Public lands" means any lands or waters, or
interests therein, owned or administered by any agency or
instrumentality of the state, federal, or local government.
[Title 43 RCW—page 564]
(2) "Corps" means the Washington conservation corps.
(3) "Corps member" means an individual enrolled in the
Washington conservation corps.
(4) "Corps member leaders" or "specialists" means
members of the corps who serve in leadership or training
capacities or who provide specialized services other than or
in addition to the types of work and services that are
performed by the corps members in general.
(5) "Crew supervisor" means temporary, project, or
permanent state employees who supervise corps members
and coordinate work project design and completion.
(6) "Distressed area" has the meaning as defined in
RCW 43.168.020. [1999 c 280 § 3; 1999 c 151 § 1301;
1987 c 367 § 2; 1983 1st ex.s. c 40 § 4.]
Reviser’s note: This section was amended by 1999 c 151 § 1301 and
by 1999 c 280 § 3, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
43.220.060 Powers and duties—Effect on employed
workers—Use of facilities, supplies, instruments, and
tools of supervising agency. (1) Each state department
identified in RCW 43.220.020 shall have the following
powers and duties to carry out its functions relative to the
Washington conservation corps:
(a) Recruiting and employing staff, corps members,
corps member leaders, and specialists;
(b) Executing agreements for furnishing the services of
the corps to carry out conservation corps programs to any
federal, state, or local public agency, any local organization
as specified in this chapter in concern with the overall
objectives of the conservation corps;
(c) Applying for and accepting grants or contributions
of funds from any private source;
(d) Determining a preference for those projects which
will provide long-term benefits to the public, will provide
productive training and work experiences to the members
involved, will be labor-intensive, may result in payments to
the state for services performed, and can be promptly
completed; and
(e) Entering into agreements with community colleges
within the state’s community and technical college system
and other educational institutions or independent nonprofit
agencies to provide special education in basic skills, including reading, writing, and mathematics for those conservation
corps members who may benefit by participation in such
classes. Classes shall be scheduled after corps working
hours. Participation by members is not mandatory but shall
be strongly encouraged. The participation shall be a primary
factor in determining whether the opportunity for corps
membership beyond one year shall be offered. Instruction
related to the specific role of the department in resource
conservation shall also be offered, either in a classroom
setting or as is otherwise appropriate.
(2) The assignment of corps members shall not result in
the displacement of currently employed workers, including
partial displacement such as reduction in hours of
nonovertime work, wages, or other employment benefits.
Supervising agencies that participate in the program may not
terminate, lay-off, or reduce the working hours of any
(2002 Ed.)
Washington Conservation Corps
employee for the purpose of using a corps member with
available funds. In circumstances where substantial efficiencies or a public purpose may result, supervising agencies
may use corps members to carry out essential agency work
or contractual functions without displacing current employees.
(3) Facilities, supplies, instruments, and tools of the supervising agency shall be made available for use by the
conservation corps to the extent that such use does not
conflict with the normal duties of the agency. The agency
may purchase, rent, or otherwise acquire other necessary
tools, facilities, supplies, and instruments. [1999 c 280 § 4;
1987 c 505 § 44; 1983 1st ex.s. c 40 § 6.]
43.220.070 Corps membership—Eligibility, terms,
etc. (1) Conservation corps members shall be unemployed
residents of the state between eighteen and twenty-five years
of age at the time of enrollment who are citizens or lawful
permanent residents of the United States. The age requirements may be waived for corps leaders and specialists with
special leadership or occupational skills; such members shall
be given special responsibility for providing leadership,
character development, and sense of community responsibility to the corps members, groups, and work crews to which
they are assigned. The upper age requirement may be
waived for residents who have a sensory or mental handicap.
Special effort shall be made to recruit minority and disadvantaged youth who meet selection criteria of the conservation corps. Preference shall be given to youths residing in
areas, both urban and rural, in which there exists substantial
unemployment exceeding the state average unemployment
rate.
(2) The legislature finds that people with developmental
disabilities would benefit from experiencing a meaningful
work experience, and learning the value of labor and of
membership in a productive society.
The legislature urges state agencies that are participating
in the Washington conservation corps program to consider
for enrollment in the program people who have developmental disabilities, as defined in RCW 71A.10.020.
If an agency chooses to enroll people with developmental disabilities in its Washington conservation corps program,
the agency may apply to the United States department of
labor, employment standards administration for a special
subminimum wage certificate in order to be allowed to pay
enrollees with developmental disabilities according to their
individual levels of productivity.
(3) Corps members shall not be considered state
employees. Other provisions of law relating to civil service,
hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation
leave do not apply to the Washington conservation corps
except for the crew supervisors, who shall be project
employees, and the administrative and supervisory personnel.
(4) Enrollment shall be for a period of six months which
may be extended for additional six-month periods by mutual
agreement of the corps and the corps member, not to exceed
two years. Corps members shall be reimbursed at the
minimum wage rate established by state or federal law,
whichever is higher, which may be increased by up to five
percent for each additional six-month period worked:
(2002 Ed.)
43.220.060
PROVIDED, That if agencies elect to run a residential
program, the appropriate costs for room and board shall be
deducted from the corps member’s paycheck as provided in
chapter 43.220 RCW.
(5) Corps members are to be available at all times for
emergency response services coordinated through the
department of community, trade, and economic development
or other public agency. Duties may include sandbagging and
flood cleanup, search and rescue, and other functions in
response to emergencies. [1999 c 280 § 5; 1995 c 399 §
112; 1990 c 71 § 2; 1988 c 78 § 1; 1986 c 266 § 48. Prior:
1985 c 230 § 7; 1985 c 7 § 110; 1983 1st ex.s. c 40 § 7.]
Legislative finding—1990 c 71: "The legislature finds that the
Washington conservation corps has proven to be an effective method to
provide meaningful work experience for many of the state’s young persons.
Because of recent, and possible future, increases in the minimum wage laws,
it is necessary to make an adjustment in the limitation that applies to corps
member reimbursements." [1990 c 71 § 1.]
Severability—1986 c 266: See note following RCW 38.52.005.
43.220.080 Selection of corps members—
Development of corps program. Conservation corps members shall be selected based on their orientation towards
public service, development of job skills and productive
work habits, and character development. Special effort shall
be made at the time of initial screening to explain rigorous
productivity standards and special expectations and obligations of corps membership. An employment agreement shall
be entered into by the corps member, indicating the
member’s understanding of, and willingness to abide by,
such standards.
In the development of the corps program, consideration
shall be given to providing corps members with a beneficial
and meaningful work experience. Standards of productivity,
behavior, and punctuality shall be developed and observed.
Consideration shall be given to the development of a program that deserves the respect of the public, both in terms of
service provided and personal development of corps members. [1983 1st ex.s. c 40 § 8.]
43.220.090 Conservation corps established in
department of ecology—Work project areas. (1) There is
established a conservation corps within the department of
ecology.
(2) Specific work project areas of the ecology conservation corps may include the following:
(a) Litter pickup as a supplement to the role of the litter
patrol established by the waste reduction, recycling, and
model litter control act, chapter 70.93 RCW;
(b) Stream rehabilitation, including trash removal, instream debris removal, and clearance of log jams and silt
accumulation, to the extent that such projects do not conflict
with similar tasks undertaken by the department of fish and
wildlife;
(c) Minimum flow field work and stream gauging;
(d) Identification of indiscriminate solid waste dump
sites;
(e) Laboratory and office assistance;
(f) General maintenance and custodial work at sewage
treatment plants;
(g) Irrigation district assistance, including ditch cleaning
and supervised work in surveying and engineering;
[Title 43 RCW—page 565]
43.220.090
Title 43 RCW: State Government—Executive
(h) Streambank erosion control; and
(i) Other projects as the director may determine. If a
project requires certain levels of academic training, the
director may assign corps members to categories of work
projects according to educational background. If appropriate
facilities are available, the director may authorize carrying
out projects which involve overnight stays. [1994 c 264 §
33; 1983 1st ex.s. c 40 § 9.]
43.220.120 Conservation corps established in
department of fish and wildlife—Work project areas. (1)
There is established a conservation corps within the department of fish and wildlife.
(2) Specific work project areas of the fish and wildlife
conservation corps may include the following:
(a) Habitat development;
(b) Land clearing;
(c) Construction projects;
(d) Noxious weed control;
(e) Brush cutting;
(f) Reader board construction;
(g) Painting;
(h) Cleaning and repair of rearing ponds;
(i) Fishtrap construction;
(j) Brush clearance;
(k) Spawning channel restoration;
(l) Log removal;
(m) Nest box maintenance and cleaning;
(n) Fence building;
(o) Winter game feeding and herding;
(p) Stream rehabilitation;
(q) Fish hatchery operation and maintenance;
(r) Fish tagging; and
(s) Such other projects as the director of fish and
wildlife may determine. If appropriate facilities are available, the director of fish and wildlife may authorize carrying
out projects which involve overnight stays. [1999 c 280 §
6; 1994 c 264 § 34; 1988 c 36 § 24; 1983 1st ex.s. c 40 §
12.]
43.220.130 Conservation corps established in
department of natural resources—Work project areas.
(1) There is established a conservation corps within the department of natural resources.
(2) Specific work project areas of the natural resources
conservation corps may include the following:
(a) Research assistance;
(b) Recreation projects;
(c) Slash disposal;
(d) Pit site reclamation;
(e) Road deactivation;
(f) Animal damage control;
(g) Reforestation;
(h) Wood cutting;
(i) Firewood systems development;
(j) Noxious weed control;
(k) Fence construction and maintenance;
(l) Wood products manufacturing;
(m) Riparian area cleaning;
(n) Spring development for grazing;
(o) Erosion control;
[Title 43 RCW—page 566]
(p) Control of fires; and
(q) Such other projects as the commissioner of public
lands may determine. If appropriate facilities are available,
the commissioner of public lands may authorize carrying out
projects which involve overnight stays. [1983 1st ex.s. c 40
§ 13.]
43.220.160 Conservation corps established in state
parks and recreation commission—Work project areas.
(1) There is established a conservation corps within the state
parks and recreation commission.
(2) Specific work project areas of the state parks and
recreation conservation corps may include the following:
(a) Restoration or development of park facilities;
(b) Trail construction and maintenance;
(c) Litter control;
(d) Park and land rehabilitation;
(e) Fire suppression;
(f) Road repair; and
(g) Other projects as the state parks and recreation
commission may determine. If appropriate facilities are
available, the state parks and recreation commission may authorize carrying out projects which involve overnight stays.
[1999 c 249 § 702; 1983 1st ex.s. c 40 § 16.]
Severability—1999 c 249: See note following RCW 79A.05.010.
43.220.170 Exemption from unemployment compensation coverage. The services of corps members placed
with agencies listed in RCW 43.220.020 are exempt from
unemployment compensation coverage under RCW
50.44.040(5) and the enrollees shall be so advised by the
department. [1983 1st ex.s. c 40 § 17.]
43.220.180 Identification of historic properties and
sites in need of rehabilitation or renovation—Use of
corps members. The state historic preservation officer shall
review the state and national registers of historic places to
identify publicly owned historic properties and sites within
the state which are in need of rehabilitation or renovation
and which could utilize parks and recreation conservation
corps members in such rehabilitation or renovation. Any
such tasks shall be performed in such a way as not to
conflict with the historic character of the structure as
determined by the state historic preservation officer.
Conservation corps members shall be made available for
tasks identified by the state historic preservation officer in
the rehabilitation and renovation of historic sites within the
state. [1983 1st ex.s. c 40 § 18.]
43.220.190 Duties of agencies. The agencies listed in
RCW 43.220.020 shall establish consistent work standards
and placement and evaluation procedures of corps programs.
They shall also reconcile problems that arise in the implementation of the corps programs and develop coordination
procedures for emergency responses of corps members.
[1999 c 151 § 1302; 1987 c 367 § 3; 1983 1st ex.s. c 40 §
20.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
(2002 Ed.)
Washington Conservation Corps
43.220.210 Selection, review, approval, and evaluation of projects—Recruitment, job training and placement services. The agencies listed in RCW 43.220.020
shall select, review, approve, and evaluate the success of
projects under this chapter.
Up to fifteen percent of funds spent for recruitment, job
training and placement services shall, wherever possible, be
contracted through local educational institutions and/or
nonprofit corporations.
Such contracts may include, but not be limited to,
general education development testing, preparation of
resumes and job search skills.
All contracts or agreements entered into by agencies
listed in RCW 43.220.020 shall be consistent with legislative
intent as set forth in this section. [1999 c 151 § 1303; 1987
c 367 § 4; 1985 c 230 § 1.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
43.220.231 Limitation on use of funds. (1) An
amount not to exceed five percent of the funds available for
the Washington conservation corps may be expended on
agency administrative costs. Agency administrative costs are
indirect expenses such as personnel, payroll, contract
administration, fiscal services, and other overhead costs.
(2) An amount not to exceed twenty percent of the
funds available for the Washington conservation corps may
be expended for costs included in subsection (1) of this
section and program support costs. Program support costs
include, but are not limited to, program planning, development of reports, job and career training, uniforms and
equipment, and standard office space and utilities. Program
support costs do not include direct scheduling and supervision of corps members.
(3) A minimum of eighty percent of the funds available
for the Washington conservation corps shall be expended for
corps member salaries and benefits and for direct supervision
of corps members. [1999 c 280 § 7.]
43.220.240
Staff support—Administration.
Reviser’s note: RCW 43.220.240 was amended by 1999 c 151 §
1304 without reference to its repeal by 1999 c 280 § 8. It has been
decodified for publication purposes under RCW 1.12.025.
43.220.250 Reimbursement of nonprofit corporations for certain services. A nonprofit corporation which
contracts with an agency listed in RCW 43.220.020 to
provide a specific service, appropriate for the administration
of this chapter which the agency cannot otherwise provide,
may be reimbursed at the discretion of the agency for the
reasonable costs the agency would absorb for providing
those services. [1985 c 230 § 5.]
43.220.901 Severability—1983 1st ex.s. c 40. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 40 § 24.]
43.220.902 Severability—1985 c 230. If any provision of this act or its application to any person or circum(2002 Ed.)
43.220.210
stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1985 c 230 § 9.]
43.220.903 Severability—1987 c 367. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1987 c 367 § 6.]
43.220.904 Effective date—1999 c 280. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 13, 1999]. [1999 c 280 § 9.]
Chapter 43.235
DOMESTIC VIOLENCE FATALITY
REVIEW PANELS
Sections
43.235.010 Definitions.
43.235.020 Coordination of review—Authority of coordinating entity—
Regional domestic violence review panels—Citizen
requests.
43.235.030 Domestic violence review panels—Composition—Reports.
43.235.040 Confidentiality—Access to information.
43.235.050 Immunity from liability.
43.235.060 Data collection and analysis.
43.235.800 Statewide report.
43.235.900 Conflict with federal requirements—2000 c 50.
43.235.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and
health services.
(2) "Domestic violence fatality" means a homicide or
suicide under any of the following circumstances:
(a) The alleged perpetrator and victim resided together
at any time;
(b) The alleged perpetrator and victim have a child in
common;
(c) The alleged perpetrator and victim were married,
divorced, separated, or had a dating relationship;
(d) The alleged perpetrator had been stalking the victim;
(e) The homicide victim lived in the same household,
was present at the workplace of, was in proximity of, or was
related by blood or affinity to a victim who experienced or
was threatened with domestic abuse by the alleged perpetrator; or
(f) The victim or perpetrator was a child of a person in
a relationship that is described within this subsection.
This subsection should be interpreted broadly to give the
domestic violence fatality review panels discretion to review
fatalities that have occurred directly to domestic relationships. [2000 c 50 § 1.]
43.235.020 Coordination of review—Authority of
coordinating entity—Regional domestic violence review
panels—Citizen requests. (1) Subject to the availability of
state funds, the department shall contract with an entity with
[Title 43 RCW—page 567]
43.235.020
Title 43 RCW: State Government—Executive
expertise in domestic violence policy and education and with
a statewide perspective to coordinate review of domestic
violence fatalities. The coordinating entity shall be authorized to:
(a) Convene regional review panels;
(b) Gather information for use of regional review
panels;
(c) Provide training and technical assistance to regional
review panels;
(d) Compile information and issue biennial reports with
recommendations; and
(e) Establish a protocol that may be used as a guideline
for identifying domestic violence related fatalities, forming
review panels, convening reviews, and selecting which cases
to review. The coordinating entity may also establish
protocols for data collection and preservation of confidentiality.
(2)(a) The coordinating entity may convene a regional
domestic violence fatality review panel to review any
domestic violence fatality.
(b) Private citizens may request a review of a particular
death by submitting a written request to the coordinating
entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit
the criteria set forth in the protocol for the project. [2000 c
50 § 2.]
43.235.030 Domestic violence review panels—
Composition—Reports. (1) Regional domestic violence
fatality review panels shall include but not be limited to:
(a) Medical personnel with expertise in domestic
violence abuse;
(b) Coroners or medical examiners or others experienced
in the field of forensic pathology, if available;
(c) County prosecuting attorneys and municipal attorneys;
(d) Domestic violence shelter service staff and domestic
violence victims’ advocates;
(e) Law enforcement personnel;
(f) Local health department staff;
(g) Child protective services workers;
(h) Community corrections professionals;
(i) Perpetrator treatment program provider; and
(j) Judges, court administrators, and/or their representatives.
(2) Regional domestic violence fatality review panels
may also invite other relevant persons to serve on an ad hoc
basis and participate as full members of the review team
[panel] for a particular review. These persons may include,
but are not limited to:
(a) Individuals with particular expertise helpful to the
regional review panel;
(b) Representatives of organizations or agencies that had
contact with or provided services to the homicide victim or
to the alleged perpetrator.
(3) The regional review panels shall make periodic
reports to the coordinating entity and shall make a final
report to the coordinating entity with regard to every fatality
that is reviewed. [2000 c 50 § 3.]
[Title 43 RCW—page 568]
43.235.040 Confidentiality—Access to information.
(1) An oral or written communication or a document shared
within or produced by a regional domestic violence fatality
review panel related to a domestic violence fatality review
is confidential and not subject to disclosure or discoverable
by a third party. An oral or written communication or a
document provided by a third party to a regional domestic
violence fatality review panel, or between a third party and
a regional domestic violence fatality review panel is confidential and not subject to disclosure or discovery by a third
party. Notwithstanding the foregoing, recommendations
from the regional domestic violence fatality review panel and
the coordinating entity generally may be disclosed minus
personal identifiers.
(2) The regional review panels, only to the extent
otherwise permitted by law or court rule, shall have access
to information and records regarding the domestic violence
victims and perpetrators under review held by domestic violence perpetrators’ treatment providers; dental care providers;
hospitals, medical providers, and pathologists; coroners and
medical examiners; mental health providers; lawyers; the
state and local governments; the courts; and employers. The
coordinating entity and the regional review panels shall
maintain the confidentiality of such information to the extent
required by any applicable law.
(3) The regional review panels shall review, only to the
extent otherwise permitted by law or court rule when
determined to be relevant and necessary to an investigation,
guardian ad litem reports, parenting evaluations, and victim
impact statements; probation information; mental health
evaluations done for court; presentence interviews and
reports, and any recommendations made regarding bail and
release on own recognizance; child protection services,
welfare, and other information held by the department; any
law enforcement incident documentation, such as incident
reports, dispatch records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call taker’s reports; corrections and
postsentence supervision reports; and any other information
determined to be relevant to the review. The coordinating
entity and the regional review panels shall maintain the
confidentiality of such information to the extent required by
any applicable law. [2000 c 50 § 4.]
43.235.050 Immunity from liability. If acting in
good faith, without malice, and within the parameters of this
chapter and the protocols established, representatives of the
coordinating entity and the regional domestic violence
fatality review panels are immune from civil liability for an
activity related to reviews of particular fatalities. [2000 c 50
§ 5.]
43.235.060 Data collection and analysis. Within
available funds, data regarding each domestic violence
fatality review shall be collected on standard forms created
by the coordinating entity. Data collected on reviewed
fatalities shall be compiled and analyzed for the purposes of
identifying points at which the system response to domestic
violence could be improved and identifying patterns in
domestic violence fatalities. [2000 c 50 § 6.]
(2002 Ed.)
Domestic Violence Fatality Review Panels
43.235.800 Statewide report. (1) A biennial statewide report shall be issued by the coordinating entity in
December of even-numbered years containing recommendations on policy changes that would improve program
performance, and issues identified through the work of the
regional panels. Copies of this report shall be distributed to
the governor, the house of representatives children and
family services and criminal justice and corrections committees, and the senate human services and corrections and
judiciary committees and to those agencies involved in the
regional domestic violence fatality review panels.
(2) The annual report in December 2010 shall contain
a recommendation as to whether or not the domestic violence review process provided for in this chapter should
continue or be terminated by the legislature. [2000 c 50 §
7.]
43.235.900 Conflict with federal requirements—
2000 c 50. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting
part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and
this finding does not affect the operation of the remainder of
this act in its application to the agencies concerned. Rules
adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by
the state. [2000 c 50 § 9.]
Chapter 43.250
INVESTMENT OF LOCAL
GOVERNMENT FUNDS
Sections
43.250.010
43.250.020
43.250.030
43.250.040
Purpose.
Definitions.
Public funds investment account.
Authority of official to place funds in the public funds investment account—Investment of funds by state treasurer—Degree of judgment and care required.
43.250.050 Employment of personnel.
43.250.060 Investment pool—Generally.
43.250.070 Investment pool—Separate accounts for participants—
Monthly status report.
43.250.080 Annual summary of activity.
43.250.090 Administration of chapter—Rules.
Investment accounting: RCW 43.33A.180.
43.250.010 Purpose. The purpose of this chapter is
to enable political subdivisions, community and technical
college districts, the state board for community and technical
colleges as established in chapter 28B.50 RCW, and public
four-year institutions of higher education to participate with
the state in providing maximum opportunities for the
investment of surplus public funds consistent with the safety
and protection of such funds. The legislature finds and
declares that the public interest is found in providing
maximum prudent investment of surplus funds, thereby
reducing the need for additional taxation. The legislature
also recognizes that not all political subdivisions are able to
maximize the return on their temporary surplus funds. The
legislature therefore provides in this chapter a mechanism
whereby political subdivisions, community and technical
(2002 Ed.)
43.235.800
colleges, the state board for community and technical colleges, and public four-year institutions of higher education may,
at their option, utilize the resources of the state treasurer’s
office to maximize the potential of surplus funds while
ensuring the safety of public funds. [2001 c 31 § 1; 1996 c
268 § 1; 1986 c 294 § 1.]
43.250.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Public funds investment account" or "investment
pool" means the aggregate of all funds as defined in subsection (5) of this section that are placed in the custody of the
state treasurer for investment and reinvestment.
(2) "Political subdivision" means any county, city, town,
municipal corporation, political subdivision, or special
purpose taxing district in the state.
(3) "Local government official" means any officer or
employee of a political subdivision who has been designated
by statute or by local charter, ordinance, or resolution as the
officer having the authority to invest the funds of the political subdivision. However, the county treasurer shall be
deemed the only local government official for all political
subdivisions for which the county treasurer has exclusive
statutory authority to invest the funds thereof.
(4) "Financial officer" means the board-appointed
treasurer of a community or technical college district, the
state board for community and technical colleges, or a public
four-year institution of higher education.
(5) "Funds" means:
(a) Public funds under the control of or in the custody
of any local government official or local funds, as defined
by the office of financial management publication "Policies,
Regulations and Procedures," under the control of or in the
custody of a financial officer by virtue of the official’s
authority that are not immediately required to meet current
demands;
(b) State funds deposited in the investment pool by the
state treasurer that are the proceeds of bonds, notes, or other
evidences of indebtedness authorized by the state finance
committee under chapter 39.42 RCW or payments pursuant
to financing contracts under chapter 39.94 RCW, when the
investments are made in order to comply with the Internal
Revenue Code of 1986, as amended. [2001 c 31 § 2; 1996
c 268 § 2; 1990 c 106 § 1; 1986 c 294 § 2.]
43.250.030 Public funds investment account. There
is created a trust fund to be known as the public funds
investment account. The account is to be separately accounted for and invested by the state treasurer. All moneys remitted under this chapter shall be deposited in this account. All
earnings on any balances in the public funds investment
account, less moneys for administration pursuant to RCW
43.250.060, shall be credited to the public funds investment
account. [1991 sp.s. c 13 § 86; 1990 c 106 § 2; 1986 c 294
§ 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.250.040 Authority of official to place funds in
the public funds investment account—Investment of
[Title 43 RCW—page 569]
43.250.040
Title 43 RCW: State Government—Executive
funds by state treasurer—Degree of judgment and care
required. If authorized by statute, local ordinance, or
resolution, a local government official or financial officer or
his or her designee may place funds into the public funds
investment account for investment and reinvestment by the
state treasurer in those securities and investments set forth in
RCW 43.84.080 and chapter 39.58 RCW. The state treasurer shall invest the funds in such manner as to effectively
maximize the yield to the investment pool. In investing and
reinvesting moneys in the public funds investment account
and in acquiring, retaining, managing, and disposing of
investments of the investment pool, there shall be exercised
the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not
in regard to speculation but in regard to the permanent
disposition of the funds considering the probable income as
well as the probable safety of the capital. [2001 c 31 § 3;
1996 c 268 § 3; 1986 c 294 § 4.]
43.250.080 Annual summary of activity. At the end
of each fiscal year, the state treasurer shall submit to the
governor, the state auditor, and the joint legislative audit and
review committee a summary of the activity of the investment pool. The summary shall indicate the quantity of funds
deposited; the earnings of the pool; the investments purchased, sold, or exchanged; the administrative expenses of
the investment pool; and such other information as the state
treasurer deems relevant. [1996 c 288 § 48; 1986 c 294 §
8.]
43.250.050 Employment of personnel. The state
treasurer’s office is authorized to employ such personnel as
are necessary to administer the public funds investment
account. The bond of the state treasurer as required by law
shall be made to include the faithful performance of all
functions relating to the investment pool. [1986 c 294 § 5.]
Sections
43.270.010
43.270.020
43.270.040
43.270.070
43.270.080
43.270.900
43.250.060 Investment pool—Generally. The state
treasurer shall by rule prescribe the time periods for investments in the investment pool and the procedure for withdrawal of funds from the investment pool. The state treasurer shall promulgate such other rules as are deemed
necessary for the efficient operation of the investment pool.
The rules shall also provide for the administrative expenses
of the investment pool, including repayment of the initial
administrative costs financed out of the appropriation
included in chapter 294, Laws of 1986, to be paid from the
pool’s earnings and for the interest earnings in excess of the
expenses to be credited or paid to participants in the pool.
The state treasurer may deduct the amounts necessary to
reimburse the treasurer’s office for the actual expenses the
office incurs and to repay any funds appropriated and
expended for the initial administrative costs of the pool.
Any credits or payments to the participants shall be calculated and made in a manner which equitably reflects the
differing amounts of the participants’ respective deposits in
the investment pool fund and the differing periods of time
for which the amounts were placed in the investment pool.
[1990 c 106 § 3; 1986 c 294 § 6.]
43.270.010 Intent. The legislature recognizes that
statewide efforts aimed at reducing the incidence of substance abuse, including alcohol, tobacco, or other drug abuse,
or violence must be increased. The legislature further
recognizes that the most effective strategy for reducing the
impact of alcohol, tobacco, other drug abuse, and violence
is through the collaborative efforts of educators, law enforcement, local government officials, local treatment providers,
and concerned community and citizens’ groups.
The legislature intends to support the development and
activities of community mobilization strategies against
alcohol, tobacco, or other drug abuse, and violence, through
the following efforts:
(1) Providing funding support for prevention, treatment,
and enforcement activities identified by communities that
have brought together education, treatment, local government, law enforcement, and other key elements of the community;
(2) Providing technical assistance and support to help
communities develop and carry out effective activities; and
(3) Providing communities with opportunities to share
suggestions for state program operations and budget priorities. [2001 c 48 § 1; 1989 c 271 § 315.]
43.250.070 Investment pool—Separate accounts for
participants—Monthly status report. The state treasurer
shall keep a separate account for each participant having
funds in the investment pool. Each separate account shall
record the individual amounts deposited in the investment
pool, the date of withdrawals, and the earnings credited or
paid. The state treasurer shall report monthly the status of
the respective account to each participant having funds in the
pool during the previous month. [1990 c 106 § 4; 1986 c
294 § 7.]
[Title 43 RCW—page 570]
43.250.090 Administration of chapter—Rules. The
state finance committee shall administer this chapter and
adopt appropriate rules. [1986 c 294 § 9.]
Chapter 43.270
COMMUNITY MOBILIZATION AGAINST
SUBSTANCE ABUSE
Intent.
Grant program—Application—Activities funded.
Coordinated strategies.
Community suggestions.
Gifts, grants, and endowments.
Severability—1989 c 271.
43.270.020 Grant program—Application—Activities
funded. (1) There is established in the department of
community, trade, and economic development a grant
program to provide incentive for and support for communities to develop targeted and coordinated strategies to reduce
the incidence and impact of alcohol, tobacco, or other drug
abuse, or violence.
(2) The department of community, trade, and economic
development shall make awards, subject to funds appropriated by the legislature, under the following terms:
(2002 Ed.)
Community Mobilization Against Substance Abuse
(a) Starting July 1, 2001, funds will be available to
countywide programs through a formula developed by the
department of community, trade, and economic development
in consultation with program contractors, which will take
into consideration county population size.
(b) In order to be eligible for consideration, applicants
must demonstrate, at a minimum:
(i) That the community has developed and is committed
to carrying out a coordinated strategy of prevention, treatment, and law enforcement activities;
(ii) That the community has considered research-based
theory when developing its strategy;
(iii) That proposals submitted for funding are based on
a local assessment of need and address specific objectives
contained in a coordinated strategy of prevention, treatment,
and law enforcement against alcohol, tobacco, or other drug
abuse, or violence;
(iv) Evidence of active participation in preparation of
the proposal and specific commitments to implementing the
community-wide agenda by leadership from education, law
enforcement, local government, tribal government, and
treatment entities in the community, and the opportunity for
meaningful involvement from others such as neighborhood
and citizen groups, businesses, human service, health and job
training organizations, and other key elements of the community, particularly those whose responsibilities in law
enforcement, treatment, prevention, education, or other
community efforts provide direct, ongoing contact with substance abusers or those who exhibit violent behavior, or
those at risk for alcohol, tobacco, or other drug abuse, or
violent behavior;
(v) Evidence of additional local resources committed to
the applicant’s strategy totaling at least twenty-five percent
of funds awarded under this section. These resources may
consist of public or private funds, donated goods or services,
and other measurable commitments, including in-kind
contributions such as volunteer services, materials, supplies,
physical facilities, or a combination thereof; and
(vi) That the funds applied for, if received, will not be
used to replace funding for existing activities.
(c) At a minimum, grant applications must include the
following:
(i) A definition of geographic area;
(ii) A needs assessment describing the extent and impact
of alcohol, tobacco, or other drug abuse, and violence in the
community, including an explanation of those who are most
severely impacted and those most at risk of substance abuse
or violent behavior;
(iii) An explanation of the community-wide strategy for
prevention, treatment, and law enforcement activities related
to alcohol, tobacco, or other drug abuse, or violence, with
particular attention to those who are most severely impacted
and/or those most at risk of alcohol, tobacco, or other drug
abuse, or violent behavior;
(iv) An explanation of who was involved in development of the strategy and what specific commitments have
been made to carry it out;
(v) Identification of existing prevention, education,
treatment, and law enforcement resources committed by the
applicant, including financial and other support, and an
explanation of how the applicant’s strategy involves and
builds on the efforts of existing organizations or coalitions
(2002 Ed.)
43.270.020
that have been carrying out community efforts against
alcohol, tobacco, or other drug abuse, or violence;
(vi) Identification of activities that address specific
objectives in the strategy for which additional resources are
needed;
(vii) Identification of additional local resources, including public or private funds, donated goods or services, and
other measurable commitments, that have been committed to
the activities identified in (c)(vi) of this subsection;
(viii) Identification of activities that address specific
objectives in the strategy for which funding is requested;
(ix) For each activity for which funding is requested, an
explanation in sufficient detail to demonstrate:
(A) Feasibility through deliberative design, specific
objectives, and a realistic plan for implementation;
(B) A rationale for how this activity will achieve
measurable results and how it will be evaluated;
(C) That funds requested are necessary and appropriate
to effectively carry out the activity; and
(x) Identification of a contracting agent meeting state requirements for each activity proposed for funding.
Each contracting agent must execute a written agreement with its local community mobilization advisory board
that reflects the duties and powers of each party.
(3) Activities that may be funded through this grant
program include those that:
(a) Prevent alcohol, tobacco, or other drug abuse, or
violence through educational efforts, development of positive
alternatives, intervention with high-risk groups, and other
prevention strategies;
(b) Support effective treatment by increasing access to
and availability of treatment opportunities, particularly for
underserved or highly impacted populations, developing
aftercare and support mechanisms, and other strategies to
increase the availability and effectiveness of treatment;
(c) Provide meaningful consequences for participation
in illegal activity and promote safe and healthy communities
through support of law enforcement strategies;
(d) Create or build on efforts by existing community
programs, coordinate their efforts, and develop cooperative
efforts or other initiatives to make most effective use of
resources to carry out the community’s strategy against alcohol, tobacco, or other drug abuse, or violence; and
(e) Other activities that demonstrate both feasibility and
a rationale for how the activity will achieve measurable
results in the strategy against alcohol, tobacco, or other drug
abuse, or violence. [2001 c 48 § 2; 1989 c 271 § 316.]
43.270.040 Coordinated strategies. This grant
program will be available to communities of any geographic
size but will encourage and reward communities which
develop coordinated or complimentary strategies within geographic areas such as county areas or groups of county areas
which correspond to units of government with significant
responsibilities in the area of substance abuse, existing
coalitions, or other entities important to the success of a
community’s strategy against substance abuse. [1989 c 271
§ 318.]
43.270.070 Community suggestions. The department
of community, trade, and economic development shall ask
[Title 43 RCW—page 571]
43.270.070
Title 43 RCW: State Government—Executive
communities for suggestions on state practices, policies, and
priorities that would help communities implement their
strategies against alcohol, tobacco, or other drug abuse, or
violence. The department of community, trade, and economic development shall review and respond to those suggestions making necessary changes where feasible, making
recommendations to the legislature where appropriate, and
providing an explanation as to why suggested changes
cannot be accomplished, if the suggestions cannot be acted
upon. [2001 c 48 § 3; 1989 c 271 § 321.]
43.270.080 Gifts, grants, and endowments. The
department of community, trade, and economic development
may receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in
trust or otherwise, for the use and benefit of the purposes of
RCW 43.270.010 through 43.270.080 and expend the same
or any income therefrom according to the terms of the gifts,
grants, or endowments. [2001 c 48 § 4; 1989 c 271 § 322.]
43.270.900 Severability—1989 c 271. See note
following RCW 9.94A.510.
Chapter 43.280
COMMUNITY TREATMENT SERVICES FOR
VICTIMS OF SEX OFFENDERS
Sections
43.280.010 Intent.
43.280.011 Intent, approval of committee recommendations, distribution
of services—1996 c 123.
43.280.020 Grant program—Funding.
43.280.030 Applications.
43.280.040 Organizations eligible.
43.280.050 Applications—Minimum requirements.
43.280.060 Awarding of grants—Peer review committee.
43.280.070 Gifts, grants, and endowments.
43.280.080 Office of crime victims advocacy.
43.280.081 Office of crime victims advocacy—Reports on penalty assessments collection and use of funds for assistance to
victims and witnesses of crime.
43.280.090 Office of crime victims advocacy—Ad hoc advisory committees.
43.280.900 Index, part headings not law—1990 c 3.
43.280.901 Severability—1990 c 3.
43.280.902 Effective dates—Application—1990 c 3.
43.280.010 Intent. The legislature recognizes the
need to increase the services available to the victims of sex
offenders. The legislature also recognizes that these services
are most effectively planned and provided at the local level
through the combined efforts of concerned community and
citizens groups, treatment providers, and local government
officials. The legislature further recognizes that adequate
treatment for victims is not only a matter of justice for the
victim, but also a method by which additional abuse can be
prevented.
The legislature intends to enhance the community-based
treatment services available to the victims of sex offenders
by:
(1) Providing consolidated funding support for local
treatment programs which provide services to victims of sex
offenders;
[Title 43 RCW—page 572]
(2) Providing technical assistance and support to help
communities plan for and provide treatment services;
(3) Providing sexual assault services with a victimfocused mission, and consistent standards, policies, and
contracting and reporting requirements; and
(4) Providing communities and local treatment providers
with opportunities to share information about successful
prevention and treatment programs. [1996 c 123 § 2; 1990
c 3 § 1201.]
Effective date—1996 c 123: "This act shall take effect July 1, 1996."
[1996 c 123 § 11.]
43.280.011 Intent, approval of committee recommendations, distribution of services—1996 c 123. The
Washington state sexual assault services advisory committee
issued a report to the department of community, trade, and
economic development and the department of social and
health services in June of 1995. The committee made
several recommendations to improve the delivery of services
to victims of sexual abuse and assault: (1) Consolidate the
administration and funding of sexual assault and abuse
services in one agency instead of splitting those functions
between the department of social and health services and the
department of community, trade, and economic development;
(2) adopt a funding allocation plan to pool all funds for
sexual assault services and to distribute them across the state
to ensure the delivery of core and specialized services; (3)
establish service, data collection, and management standards
and outcome measurements for recipients of grants; and (4)
create a data collection system to gather pertinent data
concerning the delivery of sexual assault services to victims.
The legislature approves the recommendations of the
advisory committee and consolidates the functions and
funding for sexual assault services in the department of
community, trade, and economic development to implement
the advisory committee’s recommendations.
The legislature does not intend to effect a reduction in
service levels within available funding by transferring
department of social and health services’ powers and duties
to the department of community, trade, and economic
development. At a minimum, the department of community,
trade, and economic development shall distribute the same
percentage of the services it provides victims of sexual
assault and abuse, pursuant to RCW 43.280.020, 70.125.080,
and 74.14B.060, to children as were distributed to children
through these programs in fiscal year 1996. [1996 c 123 §
1.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.020 Grant program—Funding. There is
established in the department of community, trade, and
economic development a grant program to enhance the
funding for treating the victims of sex offenders. Activities
that can be funded through this grant program are limited to
those that:
(1) Provide effective treatment to victims of sex
offenders;
(2) Increase access to and availability of treatment for
victims of sex offenders, particularly if from underserved
populations; and
(2002 Ed.)
Community Treatment Services for Victims of Sex Offenders
(3) Create or build on efforts by existing community
programs, coordinate those efforts, or develop cooperative
efforts or other initiatives to make the most effective use of
resources to provide treatment services to these victims.
Funding shall be given to those applicants that emphasize providing stable, victim-focused sexual abuse services
and possess the qualifications to provide core services, as
defined in RCW 70.125.030. Funds for specialized services,
as defined in RCW 70.125.030, shall be disbursed through
the request for proposal or request for qualifications process.
[1996 c 123 § 3; 1995 c 399 § 113; 1990 c 3 § 1203.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.030 Applications. Applications for funding
under this chapter must:
(1) Present evidence demonstrating how the criteria in
RCW 43.280.010 will be met and demonstrating the effectiveness of the proposal.
(2) Contain evidence of active participation of the
community and its commitment to providing an effective
treatment service for victims of sex offenders through the
participation of local governments, tribal governments,
human service and health organizations, and treatment
entities and through meaningful involvement from others,
including citizen groups. [1990 c 3 § 1204.]
43.280.040 Organizations eligible. Local governments, nonprofit community groups, and nonprofit treatment
providers including organizations which provide services,
such as emergency housing, counseling, and crisis intervention shall, among others, be eligible for grants under the
program established in RCW 43.280.020. [1990 c 3 §
1205.]
43.280.050 Applications—Minimum requirements.
At a minimum, grant applications must include the following:
(1) The geographic area from which the victims to be
served are expected to come;
(2) A description of the extent and effect of the needs
of these victims within the relevant geographic area;
(3) An explanation of how the funds will be used, their
relationship to existing services available within the community, and the need that they will fulfill;
(4) An explanation of what organizations were involved
in the development of the proposal;
(5) Documentation of capacity to provide core and
specialized services, as defined in RCW 70.125.030, provided by the applicant, how the applicant intends to comply
with service, data collection, and management standards
established by the department; and
(6) An evaluation methodology. [1996 c 123 § 4; 1990
c 3 § 1206.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.060 Awarding of grants—Peer review
committee. (1) Subject to funds appropriated by the legislature, the department of community, trade, and economic
development shall make awards under the grant program
established by RCW 43.280.020.
(2002 Ed.)
43.280.020
(2) To aid the department of community, trade, and
economic development in making its funding determinations,
the department shall form a peer review committee comprised of individuals who are knowledgeable or experienced
in the management or delivery of treatment services to
victims of sex offenders. The peer review committee shall
advise the department on the extent to which each eligible
applicant meets the treatment and management standards, as
developed by the department. The department shall consider
this advice in making awards.
(3) Activities funded under this section may be considered for funding in future years, but shall be considered
under the same terms and criteria as new activities. Funding
under this chapter shall not constitute an obligation by the
state of Washington to provide ongoing funding. [1996 c
123 § 5; 1995 c 399 § 114; 1990 c 3 § 1207.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.070 Gifts, grants, and endowments. The
department of community, trade, and economic development
may receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in
trust or otherwise, for the use and benefit of the purposes of
this chapter and expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
[1995 c 399 § 115; 1990 c 3 § 1208.]
43.280.080 Office of crime victims advocacy. The
office of crime victims advocacy is established in the
department of community, trade, and economic development.
The office shall assist communities in planning and implementing services for crime victims, advocate on behalf of
crime victims in obtaining needed services and resources,
and advise local and state governments on practices, policies,
and priorities that impact crime victims. In addition, the
office shall administer grant programs for sexual assault
treatment and prevention services, as authorized in this
chapter. [1995 c 241 § 1.]
43.280.081 Office of crime victims advocacy—
Reports on penalty assessments collection and use of
funds for assistance to victims and witnesses of crime.
The office of crime victims advocacy shall report to the
legislature on December 31, 1999, December 31, 2002, and
December 31, 2005, regarding the collection of penalty
assessments under chapter 122, Laws of 1996 and the use of
collected funds to provide assistance to victims and witnesses of crime. [1996 c 122 § 3.]
43.280.090 Office of crime victims advocacy—Ad
hoc advisory committees. The director of the department
of community, trade, and economic development may
establish ad hoc advisory committees, as necessary, to obtain
advice and guidance regarding the office of crime victims
advocacy program. [1995 c 269 § 2102.]
Reviser’s note: 1995 c 269 directed that this section be added to
chapter 43.63A RCW. This section has been codified in chapter 43.280
RCW, which relates more directly to the office of crime victims advocacy.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
[Title 43 RCW—page 573]
43.280.900
Title 43 RCW: State Government—Executive
43.280.900 Index, part headings not law—1990 c 3.
See RCW 18.155.900.
43.280.901
18.155.901.
Severability—1990 c 3. See RCW
43.280.902 Effective dates—Application—1990 c 3.
See RCW 18.155.902.
Chapter 43.290
OFFICE OF INTERNATIONAL RELATIONS
AND PROTOCOL
Sections
43.290.005
43.290.010
43.290.020
43.290.900
Finding—Purpose.
Office created.
Authority of office.
Effective date—1991 c 24.
43.290.005 Finding—Purpose. The legislature finds
that it is in the public interest to create an office of international relations and protocol in order to: Make international
relations and protocol a broad-based, focused, and functional
part of state government; develop and promote state policies
that increase international literacy and cross-cultural understanding among Washington state’s citizens; expand Washington state’s international cooperation role in such areas as
the environment, education, science, culture, and sports;
establish coordinated methods for responding to the increasing number of inquiries by foreign governments and
institutions seeking cooperative activities within Washington
state; provide leadership in state government on international
relations and assistance to the legislature and state elected
officials on international issues affecting the state; assist with
multistate international efforts; and coordinate and improve
communication and resource sharing among various state
offices, agencies, and educational institutions with international programs.
It is the purpose of this chapter to bring these functions
together in a new office under the office of the governor in
order to establish a visible, coordinated, and comprehensive
approach to international relations and protocol. [1991 c 24
§ 1.]
Transfer of authority—1991 c 24: "All powers, duties, and
functions of the office of international relations and protocol in the
department of trade and economic development are transferred to the office
of international relations and protocol under the office of the governor."
[1991 c 24 § 8.]
43.290.010 Office created. The office of international
relations and protocol is created under the office of the
governor. The office shall serve as the state’s official liaison
and protocol office with foreign governments. The governor
shall appoint a director of the office of international relations
and protocol, who shall serve at the pleasure of the governor.
Because of the diplomatic character of this office, the director and staff will be exempt from the provisions of
chapter 41.06 RCW. The director will be paid a salary to be
fixed by the governor in accordance with the provisions of
RCW 43.03.040. The director may hire such personnel as
may be necessary for the general administration of the
[Title 43 RCW—page 574]
office. To the extent permitted by law, state agencies may
temporarily loan staff to the office of international relations
and protocol to assist in carrying out the office’s duties and
responsibilities under this chapter. An arrangement to
temporarily loan staff must have the approval of the staff
members to be loaned and the directors of the office and the
agencies involved in the loan. [1991 c 24 § 2.]
43.290.020 Authority of office. The office of
international relations and protocol may:
(1) Create temporary advisory committees as necessary
to deal with specific international issues. Advisory committee representation may include external organizations such as
the Seattle consular corps, world affairs councils, public
ports, world trade organizations, private nonprofit organizations dealing with international education or international
environmental issues, organizations concerned with international understanding, businesses with experience in international relations, or other organizations deemed appropriate by the director.
(2) Accept or request grants or gifts from citizens and
other private sources to be used to defray the costs of
appropriate hosting of foreign dignitaries, including appropriate gift-giving and reciprocal gift-giving, or other activities
of the office. The office shall open and maintain a bank
account into which it shall deposit all money received under
this subsection. Such money and the interest accruing
thereon shall not constitute public funds, shall be kept
segregated and apart from funds of the state, and shall not be
subject to appropriation or allotment by the state or subject
to chapter 43.88 RCW. [1991 c 24 § 4.]
43.290.900 Effective date—1991 c 24. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1991.
[1991 c 24 § 15.]
Chapter 43.300
DEPARTMENT OF FISH AND WILDLIFE
Sections
43.300.005 Purpose.
43.300.010 Department created—Transfer of powers, duties, and functions.
43.300.020 Definitions.
43.300.040 Director’s duties.
43.300.050 Exempt positions.
43.300.060 Enforcement in accordance with RCW 43.05.100 and
43.05.110.
43.300.070 Exchange of tidelands with private or public landowners.
43.300.080 Cost-reimbursement agreements for complex projects.
43.300.900 Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79.
43.300.901 Severability—1993 sp.s. c 2.
43.300.005 Purpose. Perpetuation of fish and wildlife
in Washington requires clear, efficient, streamlined, scientific, management from a single state fish and wildlife agency.
Such a consolidation will focus existing funds for the
greatest protection of species and stocks. It will bring
combined resources to bear on securing, managing, and
enhancing habitats. It will simplify licensing, amplify
(2002 Ed.)
Department of Fish and Wildlife
research, increase field staff, avoid duplication, and magnify
enforcement of laws and rules. It will provide all fishers,
hunters, and observers of fish and wildlife with a single
source of consistent policies, procedures, and access. [1993
sp.s. c 2 § 1.]
43.300.010 Department created—Transfer of
powers, duties, and functions. There is hereby created a
department of state government to be known as the department of fish and wildlife. The department shall be vested
with all powers and duties transferred to it under this chapter
and such other powers and duties as may be authorized by
law. All powers, duties, and functions of the department of
fisheries and the department of wildlife are transferred to the
department of fish and wildlife. All references in the
Revised Code of Washington to the director or the department of fisheries or the director or department of wildlife
shall be construed to mean the director or department of fish
and wildlife. [1993 sp.s. c 2 § 2.]
43.300.020 Definitions. As used in this chapter,
unless the context indicates otherwise:
(1) "Department" means the department of fish and
wildlife.
(2) "Director" means the director of fish and wildlife.
(3) "Commission" means the fish and wildlife commission. [1993 sp.s. c 2 § 3.]
43.300.040 Director’s duties. In addition to other
powers and duties granted or transferred to the director, the
commission may delegate to the director any of the powers
and duties vested in the commission. [1996 c 267 § 33;
1993 sp.s. c 2 § 5.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
43.300.050 Exempt positions. The director shall
appoint such deputy directors, assistant directors, and up to
seven special assistants as may be needed to administer the
department. These employees are exempt from the provisions of chapter 41.06 RCW. [1993 sp.s. c 2 § 6.]
43.300.060 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department shall be in
accordance with RCW 43.05.100 and 43.05.110. [1995 c
403 § 627.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.300.070 Exchange of tidelands with private or
public landowners. (1) The department of fish and wildlife
may exchange the tidelands and shorelands it manages with
private or public landowners if the exchange is in the public
interest.
(2) As used in this section, an exchange of tidelands and
shorelands is in the public interest if the exchange would
provide significant fish and wildlife habitat or public access
to the state’s waterways. [1997 c 209 § 3.]
(2002 Ed.)
43.300.005
Finding—1997 c 209: "The legislature finds that the department of
fish and wildlife manages a large amount of public land and that the
department may have opportunities to improve the quality of its land
holdings by participating in an exchange with private landowners or other
public entities. The legislature declares that it is in the public interest to
allow the department to exchange land with private landowners or with
public entities if the exchange would provide significant fish and wildlife
habitat or public access to the state’s waterways." [1997 c 209 § 1.]
Effective date—1997 c 209: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 25, 1997]." [1997 c 209 § 4.]
43.300.080 Cost-reimbursement agreements for
complex projects. (1) The department may enter into a
written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the
reasonable costs incurred by the department in carrying out
the requirements of this chapter, as well as the requirements
of other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies,
and permit processing. The cost-reimbursement agreement
shall identify the specific tasks, costs, and schedule for work
to be conducted under the agreement. For purposes of this
section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C
RCW.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions
of a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and
not by the consultant. The department shall make an
estimate of the number of permanent staff hours to process
the permits, and shall contract with consultants to replace the
time and functions committed by these permanent staff to the
project. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that
provides for progress payments. Use of cost-reimbursement
agreements shall not reduce the current level of staff
available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds
under a cost-reimbursement agreement to replace or supplant
existing funding. The restrictions of chapter 42.52 RCW
apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2005. The
department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005,
until the project is completed. [2000 c 251 § 5.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
[Title 43 RCW—page 575]
43.300.900
Title 43 RCW: State Government—Executive
43.300.900 Effective date—1993 sp.s. c 2 §§ 1-6, 859, and 61-79. Sections 1 through 6, 8 through 59, and 61
through 79, chapter 2, Laws of 1993 sp. sess. shall take
effect March 1, 1994. [1994 c 6 § 4; 1993 sp.s. c 2 § 102.]
43.300.901 Severability—1993 sp.s. c 2. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 sp.s. c 2 § 106.]
Chapter 43.310
YOUTH GANGS
Sections
43.310.005
43.310.007
43.310.010
43.310.020
Finding.
Intent—Prevention and intervention pilot programs.
Definitions.
Gang risk prevention and intervention pilot programs—
Request for proposals.
43.310.030 Gang risk prevention and intervention pilot programs—
Scope.
43.310.040 Cultural awareness retreats.
43.310.005 Finding. The legislature finds and
declares that:
(1) The number of youth who are members and associates of gangs and commit gang violence has significantly
increased throughout the entire greater Puget Sound, Spokane, and other areas of the state;
(2) Youth gang violence has caused a tremendous strain
on the progress of the communities impacted. The loss of
life, property, and positive opportunity for growth caused by
youth gang violence has reached intolerable levels. Increased youth gang activity has seriously strained the
budgets of many local jurisdictions, as well as threatened the
ability of the educational system to educate our youth;
(3) Among youth gang members the high school dropout rate is significantly higher than among nongang members. Since the economic future of our state depends on a
highly educated and skilled work force, this high school
drop-out rate threatens the economic welfare of our future
work force, as well as the future economic growth of our
state;
(4) The unemployment rate among youth gang members
is higher than that among the general youth population. The
unusual unemployment rate, lack of education and skills, and
the increased criminal activity could significantly impact our
future prison population;
(5) Most youth gangs are subcultural. This implies that
gangs provide the nurturing, discipline, and guidance to gang
youth and potential gang youth that is generally provided by
communities and other social systems. The subcultural
designation means that youth gang participation and violence
can be effectively reduced in Washington communities and
schools through the involvement of community, educational,
criminal justice, and employment systems working in a
unified manner with parents and individuals who have a
firsthand knowledge of youth gangs and at-risk youth; and
(6) A strong unified effort among parents and community, educational, criminal justice, and employment systems
would facilitate: (a) The learning process; (b) the control
[Title 43 RCW—page 576]
and reduction of gang violence; (c) the prevention of youth
joining negative gangs; and (d) the intervention into youth
gangs. [1993 c 497 § 1.]
43.310.007 Intent—Prevention and intervention
pilot programs. It is the intent of the legislature to cause
the development of positive prevention and intervention pilot
programs for elementary and secondary age youth through
cooperation between individual schools, local organizations,
and government. It is also the intent of the legislature that
if the prevention and intervention pilot programs are determined to be effective in reducing problems associated with
youth gang violence, that other counties in the state be
eligible to receive special state funding to establish similar
positive prevention and intervention programs. [1993 c 497
§ 2.]
43.310.010 Definitions. Unless the context otherwise
requires, the following definitions shall apply throughout
RCW 43.310.005 through 43.310.040 and *sections 5 and 7
through 10, chapter 497, Laws of 1993:
(1) "School" means any public school within a school
district any portion of which is in a county with a population
of over one hundred ninety thousand.
(2) "Community organization" means any organization
recognized by a city or county as such, as well as private,
nonprofit organizations registered with the secretary of state.
(3) "Gang risk prevention and intervention pilot program" means a community-based positive prevention and
intervention program for gang members, potential gang
members, at-risk youth, and elementary through high schoolaged youth directed at all of the following:
(a) Reducing the probability of youth involvement in
gang activities and consequent violence.
(b) Establishing ties, at an early age, between youth and
community organizations.
(c) Committing local business and community resources
to positive programming for youth.
(d) Committing state resources to assist in creating the
gang risk prevention and intervention pilot programs.
(4) "Cultural awareness retreat" means a program that
temporarily relocates at-risk youth or gang members and
their parents from their usual social environment to a
different social environment, with the specific purpose of
having them performing activities which will enhance or
increase their positive behavior and potential life successes.
[1993 c 497 § 3.]
*Reviser’s note: Sections 5 and 7 through 10, chapter 497, Laws of
1993 were vetoed by the governor.
43.310.020 Gang risk prevention and intervention
pilot programs—Request for proposals. (1) The department of community, trade, and economic development may
recommend existing programs or contract with either school
districts or community organizations, or both, through a
request for proposal process for the development, administration, and implementation in the county of communitybased gang risk prevention and intervention pilot programs.
(2) Proposals by the school district for gang risk
prevention and intervention pilot program grant funding shall
(2002 Ed.)
Youth Gangs
begin with school years no sooner than the 1994-95 session,
and last for a duration of two years.
(3) The school district or community organization
proposal shall include:
(a) A description of the program goals, activities, and
curriculum. The description of the program goals shall
include a list of measurable objectives for the purpose of
evaluation by the department of community, trade, and economic development. To the extent possible, proposals shall
contain empirical data on current problems, such as drop-out
rates and occurrences of violence on and off campus by
school-age individuals.
(b) A description of the individual school or schools and
the geographic area to be affected by the program.
(c) A demonstration of broad-based support for the
program from business and community organizations.
(d) A clear description of the experience, expertise, and
other qualifications of the community organizations to
conduct an effective prevention and intervention program in
cooperation with a school or a group of schools.
(e) A proposed budget for expenditure of the grant.
(4) Grants awarded under this section may not be used
for the administrative costs of the school district or the
individual school. [1995 c 399 § 116; 1993 c 497 § 4.]
Chapter 43.320
DEPARTMENT OF FINANCIAL INSTITUTIONS
Sections
43.320.005
43.320.007
43.320.010
43.320.011
43.320.012
43.320.013
43.320.014
43.320.015
43.320.016
43.320.017
43.320.020
43.320.030
43.320.040
43.320.050
43.320.060
43.320.070
43.320.080
43.310.030 Gang risk prevention and intervention
pilot programs—Scope. Gang risk prevention and intervention pilot programs shall include, but are not limited to:
(1) Counseling for targeted at-risk students, parents, and
families, individually and collectively.
(2) Exposure to positive sports and cultural activities,
promoting affiliations between youth and the local community.
(3) Job training, which may include apprentice programs
in coordination with local businesses, job skills development
at the school, or information about vocational opportunities
in the community.
(4) Positive interaction with local law enforcement
personnel.
(5) The use of local organizations to provide job search
training skills.
(6) Cultural awareness retreats.
(7) The use of specified state resources, as requested.
(8) Full service schools under *section 9 of this act.
(9) Community service such as volunteerism and
citizenship. [1993 c 497 § 6.]
*Reviser’s note: Section 9, chapter 497, Laws of 1993 was vetoed
by the governor.
43.310.040 Cultural awareness retreats. Cultural
awareness retreats shall include but are not limited to the
following programs:
(1) To develop positive attitudes and self-esteem.
(2) To develop youth decision-making ability.
(3) To assist with career development and educational
development.
(4) To help develop respect for the community, and
ethnic origin. [1993 c 497 § 11.]
(2002 Ed.)
43.310.020
43.320.090
43.320.100
43.320.110
43.320.900
43.320.901
Finding.
Regulatory reform—Findings—Construction—1994 c 256.
Department created.
Department of general administration and department of
licensing powers and duties transferred.
Department of general administration and department of
licensing equipment, records, funds transferred.
Department of general administration and department of
licensing civil service employees transferred.
Department of general administration or department of licensing rules, business, contracts, and obligations continued.
Department of general administration and department of
licensing—Validity of acts.
Apportionment of budgeted funds.
Collective bargaining agreements.
Director—Salary—Powers and duties—Examiners, assistants, personnel.
Director—Qualifications—Conflicts of interest.
Director’s authority to adopt rules.
Assistant directors—Divisions—"FDIC" defined.
Deputization of assistant to exercise powers and duties of
director.
Oath of examiners—Liability for acts performed in good
faith.
Director to maintain office in Olympia—Record of receipts
and disbursements—Deposit of funds.
Borrowing money by director, deputy, or employee—
Penalty.
Annual report—Contents.
Financial services regulation fund.
Effective date—1993 c 472.
Implementation—1993 c 472.
43.320.005 Finding. The legislature finds that, given
the overlap of powers and products in the companies
regulated, the consolidation of the agencies regulating
financial institutions and securities into one department will
better serve the public interest through more effective use of
staff expertise. Therefore, for the convenience of administration and the centralization of control and the more
effective use of state resources and expertise, the state
desires to combine the regulation of financial institutions and
securities into one department. [1993 c 472 § 1.]
43.320.007 Regulatory reform—Findings—
Construction—1994 c 256. (1) The legislature finds that
the financial services industry is experiencing a period of
rapid change with the development and delivery of new
products and services and advances in technology.
(2) The legislature further finds it in the public interest
to strengthen the regulation, supervision, and examination of
business entities furnishing financial services to the people
of this state and that this can be accomplished by streamlining and focusing regulation to reduce costs, increase effectiveness, and foster efficiency by eliminating requirements
that are not necessary for the protection of the public.
(3) The provisions of chapter 256, Laws of 1994 should
not be construed to limit the ability of the director of
financial institutions to implement prudent regulation,
prevent unsafe, unsound, and fraudulent practices, and
undertake necessary enforcement actions to protect the public
and promote the public interest. [1994 c 256 § 1.]
[Title 43 RCW—page 577]
43.320.010
Title 43 RCW: State Government—Executive
43.320.010 Department created. A state department
of financial institutions, headed by the director of financial
institutions, is created. The department shall be organized
and operated in a manner that to the fullest extent permissible under applicable law protects the public interest, protects the safety and soundness of depository institutions and
entities under the jurisdiction of the department, ensures
access to the regulatory process for all concerned parties,
and protects the interests of investors. The department of
financial institutions shall be structured to reflect the unique
differences in the types of institutions and areas it regulates.
[1993 c 472 § 2.]
43.320.011 Department of general administration
and department of licensing powers and duties transferred. (1) All powers, duties, and functions of the department of general administration under Titles 30, 31, 32, 33,
and 43 RCW and any other title pertaining to duties relating
to banks, savings banks, foreign bank branches, savings and
loan associations, credit unions, consumer loan companies,
check cashers and sellers, trust companies and departments,
and other similar institutions are transferred to the department of financial institutions. All references to the director
of general administration, supervisor of banking, or the
supervisor of savings and loan associations in the Revised
Code of Washington are construed to mean the director of
the department of financial institutions when referring to the
functions transferred in this section. All references to the
department of general administration in the Revised Code of
Washington are construed to mean the department of
financial institutions when referring to the functions transferred in this subsection.
(2) All powers, duties, and functions of the department
of licensing under chapters 18.44, 19.100, 19.110, 21.20,
21.30, and 48.18A RCW and any other statute pertaining to
the regulation under the chapters listed in this subsection of
escrow agents, securities, franchises, business opportunities,
commodities, and any other speculative investments are
transferred to the department of financial institutions. All
references to the director or department of licensing in the
Revised Code of Washington are construed to mean the
director or department of financial institutions when referring
to the functions transferred in this subsection. [1995 c 238
§ 6; 1993 c 472 § 6.]
Effective date—1995 c 238: See note following RCW 18.44.011.
43.320.012 Department of general administration
and department of licensing equipment, records, funds
transferred. All reports, documents, surveys, books,
records, files, papers, or other written or electronically stored
material in the possession of the department of general
administration or the department of licensing and pertaining
to the powers, functions, and duties transferred by RCW
43.320.011 shall be delivered to the custody of the department of financial institutions. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property
purchased by the division of banking and the division of
savings and loan in carrying out the powers, functions, and
duties transferred by RCW 43.320.011 shall be transferred to
the department of financial institutions. All cabinets,
furniture, office equipment, motor vehicles, and other
[Title 43 RCW—page 578]
tangible property employed by the department of licensing
in carrying out the powers, functions, and duties transferred
by RCW 43.320.011 shall be made available to the department of financial institutions. All funds, credits, or other
assets held by the department of general administration or
the department of licensing in connection with the powers,
functions, and duties transferred by RCW 43.320.011 shall
be assigned to the department of financial institutions.
Any appropriations made to the department of general
administration or the department of licensing for carrying out
the powers, functions, and duties transferred by RCW
43.320.011 shall, on October 1, 1993, be transferred and
credited to the department of financial institutions.
If a dispute arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the
powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned. [1993 c 472 § 7.]
43.320.013 Department of general administration
and department of licensing civil service employees
transferred. All employees classified under chapter 41.06
RCW, the state civil service law, who are employees of the
department of general administration or the department of
licensing engaged in performing the powers, functions, and
duties transferred by RCW 43.320.011, except those under
chapter 18.44 RCW, are transferred to the department of
financial institutions. All such employees are assigned to the
department of financial institutions to perform their usual
duties upon the same terms as formerly, without any loss of
rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state
civil service. [1995 c 238 § 7; 1993 c 472 § 9.]
Effective date—1995 c 238: See note following RCW 18.44.011.
43.320.014 Department of general administration or
department of licensing rules, business, contracts, and
obligations continued. All rules and all pending business
before the department of general administration or the department of licensing pertaining to the powers, functions, and
duties transferred by RCW 43.320.011 shall be continued
and acted upon by the department of financial institutions.
All existing contracts and obligations shall remain in full
force and shall be performed by the department of financial
institutions. [1993 c 472 § 10.]
43.320.015 Department of general administration
and department of licensing—Validity of acts. The
transfer of the powers, duties, functions, and personnel of the
department of general administration or the department of
licensing under RCW 43.320.011 through 43.320.014 does
not affect the validity of any act performed by such an
employee before October 1, 1993. [1993 c 472 § 11.]
43.320.016 Apportionment of budgeted funds. If
apportionments of budgeted funds are required because of
the transfers directed by RCW 43.320.011 through
43.320.015, the director of financial management shall
certify the apportionments to the agencies affected, to the
(2002 Ed.)
Department of Financial Institutions
state auditor, and to the state treasurer. Each of these shall
make the appropriate transfer and adjustments in funds and
appropriation accounts and equipment records in accordance
with the certification. [1993 c 472 § 12.]
43.320.017 Collective bargaining agreements.
Nothing contained in RCW 43.320.011 through 43.320.015
may be construed to alter any existing collective bargaining
unit or the provisions of any existing collective bargaining
agreement until the expiration date of the current agreement
or until the bargaining unit has been modified by action of
the *personnel board as provided by law. [1993 c 472 §
13.]
*Reviser’s note: Powers, duties, and functions of the higher
education personnel board and the state personnel board were transferred to
the Washington personnel resources board by 1993 c 281, effective July 1,
1994.
43.320.020 Director—Salary—Powers and duties—
Examiners, assistants, personnel. The director of financial
institutions shall be appointed by the governor and shall
exercise all powers and perform all of the duties and
functions transferred under RCW 43.320.011, and such other
powers and duties as may be authorized by law. The
director may deputize, appoint, and employ examiners and
other such assistants and personnel as may be necessary to
carry on the work of the department. The director of
financial institutions shall receive a salary in an amount
fixed by the governor. [1993 c 472 § 3.]
43.320.030 Director—Qualifications—Conflicts of
interest. A person is not eligible for appointment as director
of financial institutions unless he or she is, and for the last
two years before his or her appointment has been, a citizen
of the United States. A person is not eligible for appointment as director of financial institutions if he or she has an
interest at the time of appointment, as a director, trustee,
officer, or stockholder in any bank, savings bank, savings
and loan association, credit union, consumer loan company,
trust company, securities broker-dealer or investment advisor,
or other institution regulated by the department. [1993 c 472
§ 4.]
43.320.040 Director’s authority to adopt rules. The
director of financial institutions may adopt any rules, under
chapter 34.05 RCW, necessary to implement the powers and
duties of the director under this chapter. [1993 c 472 § 5.]
43.320.050 Assistant directors—Divisions—"FDIC"
defined. The director of financial institutions may appoint
assistant directors for each of the divisions of the department
and delegate to them the power to perform any act or duty
conferred upon the director. The director is responsible for
the official acts of these assistant directors.
The department of financial institutions shall consist of
at least the following four divisions: The division of FDIC
insured institutions, with regulatory authority over all statechartered FDIC insured institutions; the division of credit
unions, with regulatory authority over all state-chartered
credit unions; the division of consumer affairs, with regulatory authority over state-licensed nondepository lending
(2002 Ed.)
43.320.016
institutions and other regulated entities; and the division of
securities, with regulatory authority over securities, franchises, business opportunities, and commodities. The director of
financial institutions is granted broad administrative authority
to add additional responsibilities to these divisions as
necessary and consistent with applicable law.
For purposes of this section, "FDIC" means the Federal
Deposit Insurance Corporation. [1993 c 472 § 8.]
43.320.060 Deputization of assistant to exercise
powers and duties of director. The director of financial
institutions shall appoint, deputize, and employ examiners
and such other assistants and personnel as may be necessary
to carry on the work of the department of financial institutions.
In the event of the director’s absence the director shall
have the power to deputize one of the assistants of the
director to exercise all the powers and perform all the duties
prescribed by law with respect to banks, savings banks,
foreign bank branches, savings and loan associations, credit
unions, consumer loan companies, check cashers and sellers,
trust companies and departments, securities, franchises,
business opportunities, commodities, escrow agents, and
other similar institutions or areas that are performed by the
director so long as the director is absent: PROVIDED, That
such deputized assistant shall not have the power to approve
or disapprove new charters, licenses, branches, and satellite
facilities, unless such action has received the prior written
approval of the director. Any person so deputized shall
possess the same qualifications as those set out in this
section for the director. [1995 c 238 § 8; 1993 c 472 § 20;
1977 ex.s. c 185 § 1; 1965 c 8 § 43.19.020. Prior: 1955 c
285 § 5; prior: (i) 1919 c 209 § 2; 1917 c 80 § 2; RRS §
3209. (ii) 1945 c 123 § 1; 1935 c 176 § 12; Rem. Supp.
1945 § 10786-11. Formerly RCW 43.19.020.]
Effective date—1995 c 238: See note following RCW 18.44.011.
43.320.070 Oath of examiners—Liability for acts
performed in good faith. Before entering office each
examiner shall take and subscribe an oath faithfully to discharge the duties of the office.
Oaths shall be filed with the secretary of state.
Neither the director of financial institutions, any
deputized assistant of the director, nor any examiner or
employee shall be personally liable for any act done in good
faith in the performance of his or her duties. [1993 c 472 §
21; 1977 ex.s. c 270 § 8; 1975 c 40 § 7; 1965 c 8 §
43.19.030. Prior: 1943 c 217 § 1; 1919 c 209 § 3; 1917 c
80 § 3; Rem. Supp. 1943 § 3210. Formerly RCW
43.19.030.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.320.080 Director to maintain office in Olympia—
Record of receipts and disbursements—Deposit of funds.
The director of financial institutions shall maintain an office
at the state capitol, but may with the consent of the governor
also maintain branch offices at other convenient business
centers in this state. The director shall keep books of record
of all moneys received or disbursed by the director into or
[Title 43 RCW—page 579]
43.320.080
Title 43 RCW: State Government—Executive
from the financial services regulation fund, and any other
accounts maintained by the department of financial institutions. [2001 c 177 § 1; 1993 c 472 § 22; 1965 c 8 §
43.19.050. Prior: 1917 c 80 § 4; RRS § 3211. Formerly
RCW 43.19.050.]
Effective date—2001 c 177: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 177 § 16.]
43.320.090 Borrowing money by director, deputy,
or employee—Penalty. (1) It shall be unlawful for the
director of financial institutions, any deputized assistant of
the director, or any employee of the department of financial
institutions to borrow money from any bank, consumer loan
company, credit union, foreign bank branch, savings bank,
savings and loan association, or trust company or department, securities broker-dealer or investment advisor, or
similar lending institution under the department’s direct
jurisdiction unless the extension of credit:
(a) Is made on substantially the same terms (including
interest rates and collateral) as, and following credit underwriting procedures that are not less stringent than, those
prevailing at the time for comparable transactions by the
financial institution with other persons that are not employed
by either the department or the institution; and
(b) Does not involve more than the normal risk of
repayment or present other unfavorable features.
(2) The director of the office of financial management
shall adopt rules, policies, and procedures interpreting and
implementing this section.
(3) Every person who knowingly violates this section
shall forfeit his or her office or employment and be guilty of
a gross misdemeanor. [1993 c 472 § 23; 1965 c 8 §
43.19.080. Prior: 1917 c 80 § 11; RRS § 3218. Formerly
RCW 43.19.080.]
43.320.100 Annual report—Contents. The director
of financial institutions shall file in his or her office all
reports required to be made to the director, prepare and
furnish to banks, savings banks, foreign bank branches, savings and loan associations, credit unions, consumer loan
companies, check cashers and sellers, and trust companies
and departments blank forms for such reports as are required
of them, and each year make a report to the governor showing:
(1) A summary of the conditions of the banks, savings
banks, foreign bank branches, savings and loan associations,
credit unions, consumer loan companies, check cashers and
sellers, and trust companies and departments at the date of
their last report; and
(2) A list of those organized or closed during the year.
The director may publish such other statements, reports,
and pamphlets as he or she deems advisable. [1993 c 472
§ 24; 1977 c 75 § 43; 1965 c 8 § 43.19.090. Prior: 1917 c
80 § 13; RRS § 3220. Formerly RCW 43.19.090.]
43.320.110 Financial services regulation fund.
There is created a local fund known as the "financial
services regulation fund" which shall consist of all moneys
received by the divisions of the department of financial insti[Title 43 RCW—page 580]
tutions, except for the division of securities which shall
deposit thirteen percent of all moneys received, and which
shall be used for the purchase of supplies and necessary
equipment; the payment of salaries, wages, and utilities; the
establishment of reserves; and other incidental costs required
for the proper regulation of individuals and entities subject
to regulation by the department. The state treasurer shall be
the custodian of the fund. Disbursements from the fund
shall be on authorization of the director of financial institutions or the director’s designee. In order to maintain an
effective expenditure and revenue control, the fund shall be
subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of
obligations from the fund.
Between July 1, 2001, and December 31, 2001, the
legislature may transfer up to two million dollars from the
financial services regulation fund to the digital government
revolving account. During the 2001-2003 fiscal biennium,
the legislature may transfer from the financial services
regulation fund to the state general fund such amounts as
reflect the excess fund balance of the fund and appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings. [2002
c 371 § 912; 2001 2nd sp.s. c 7 § 911; 2001 c 177 § 2; 1995
c 238 § 9; 1993 c 472 § 25; 1981 c 241 § 1. Formerly
RCW 43.19.095.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Severability—2001 2nd sp.s. c 7: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 7 § 923.]
Effective date—2001 2nd sp.s. c 7: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2001], except for section 911 of this act which takes
effect July 1, 2001." [2001 2nd sp.s. c 7 § 924.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—1981 c 241: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 241 § 4.]
43.320.900 Effective date—1993 c 472. This act
takes effect October 1, 1993. [1993 c 472 § 31.]
43.320.901 Implementation—1993 c 472. The
directors of the department of general administration and the
department of licensing shall take such steps as are necessary
to ensure that this act is implemented on October 1, 1993.
[1993 c 472 § 32.]
Chapter 43.330
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
Sections
43.330.005
43.330.007
43.330.010
43.330.020
43.330.030
Intent.
Management responsibility.
Definitions.
Department created.
Director—Appointment—Salary.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.330.040
43.330.050
43.330.060
43.330.065
Director powers and duties.
Community and economic development responsibilities.
Trade and business responsibilities.
Identification of countries of strategic importance for international trade relations.
43.330.070 Local development capacity—Training and technical assistance.
43.330.075 Local government regulation and policy handouts—
Technical assistance.
43.330.080 Coordination of community and economic development
services—Contracts with associate development organizations—Targeted sectors.
43.330.090 Economic diversification strategies—Tourism expansion—
Targeted sectors.
43.330.092 Film and video promotion account—Promotion of film and
video production industry.
43.330.094 Tourism development and promotion account—Promotion of
tourism industry.
43.330.095 Tourism development advisory committee.
43.330.096 Tourism development program—Report to the legislature.
43.330.100 Local infrastructure and public facilities—Grants and loans.
43.330.110 Housing—Energy assistance.
43.330.120 Growth management.
43.330.125 Assistance to counties and cities.
43.330.130 Services to poor and disadvantaged persons—Preschool
children—Substance abuse—Family services—Fire
protection and emergency management.
43.330.135 Court-appointed special advocate programs—Funds—
Eligibility.
43.330.145 Entrepreneurial assistance—Recipients of temporary assistance for needy families—Cooperation with agencies for
training and industrial recruitment.
43.330.150 Fees—Conferences, workshops, training.
43.330.152 Fees—Service and product delivery areas.
43.330.155 Community and economic development fee account.
43.330.156 Fees—Adoption by rule.
43.330.165 Housing for farmworkers—Proposal review and funding
recommendations—Farmworker housing advisory group.
43.330.170 Statewide housing market analysis.
43.330.180 Grant program for business recruitment efforts.
43.330.190 Reimbursement of extraordinary criminal justice costs.
43.330.195 Developmental disabilities endowment—Definitions.
43.330.200 Developmental disabilities endowment—Trust fund.
43.330.205 Developmental disabilities endowment—Authority of state
investment board—Authority of governing board.
43.330.210 Developmental disabilities endowment—Governing board—
Liability of governing board and state investment board.
43.330.220 Developmental disabilities endowment—Endowment principles.
43.330.225 Developmental disabilities endowment—Development of
operating plan—Elements.
43.330.230 Developmental disabilities endowment—Program implementation and administration.
43.330.240 Developmental disabilities endowment—Rules.
43.330.900 References to director and department.
43.330.901 Captions.
43.330.902 Effective date—1993 c 280.
43.330.9021 Effective date—1994 c 5.
43.330.903 Severability—1993 c 280.
43.330.904 Transfer of certain state energy office powers, duties, and
functions—References to director—Appointment of
assistant director.
Community development, programs of former department of: Chapter
43.63A RCW.
Industrial projects of statewide significance—Appointment of ombudsmen:
RCW 43.157.030.
Trade and economic development, programs of former department of:
Chapter 43.31 RCW.
43.330.005 Intent. The legislature finds that the longterm economic health of the state and its citizens depends
upon the strength and vitality of its communities and
businesses. It is the intent of this chapter to create a merged
(2002 Ed.)
Chapter 43.330
department of community, trade, and economic development
that fosters new partnerships for strong and sustainable
communities. The consolidation of the department of trade
and economic development and the department of community development into one department will: Streamline access
to services by providing a simpler point of entry for state
programs; provide focused and flexible responses to changing economic conditions; generate greater local capacity to
respond to both economic growth and environmental
challenges; and increase accountability to the public, the
executive branch, and the legislature.
A new department can bring together a focused effort
to: Manage growth and achieve sustainable development;
diversify the state’s economy and export goods and services;
provide greater access to economic opportunity; stimulate
private sector investment and entrepreneurship; provide
stable family-wage jobs and meet the diverse needs of
families; provide affordable housing and housing services;
construct public infrastructure; protect our cultural heritage;
and promote the health and safety of the state’s citizens.
The legislature further finds that as a result of the rapid
pace of global social and economic change, the state and
local communities will require coordinated and creative
responses by every segment of the community. The state
can play a role in assisting such local efforts by reorganizing
state assistance efforts to promote such partnerships. The
department has a primary responsibility to provide financial
and technical assistance to the communities of the state, to
assist in improving the delivery of federal, state, and local
programs, and to provide communities with opportunities for
productive and coordinated development beneficial to the
well-being of communities and their residents. It is the
intent of the legislature in this consolidation to maximize the
use of local expertise and resources in the delivery of
community and economic development services. [1993 c
280 § 1.]
43.330.007 Management responsibility. The purpose
of this chapter is to establish the broad outline of the
structure of the department of community, trade, and
economic development, leaving specific details of its internal
organization and management to those charged with its
administration. This chapter identifies the broad functions
and responsibilities of the new department and is intended to
provide flexibility to the director to reorganize these functions and to make recommendations for changes through the
implementation plan required in section 8, chapter 280, Laws
of 1993. [1993 c 280 § 2.]
Implementation plan—1994 c 5; 1993 c 280: "(1) The director of
the department of trade and economic development and the director of the
department of community development shall, by November 15, 1993, jointly
submit a plan to the governor for the consolidation and smooth transition
of the department of trade and economic development and the department
of community development into the department of community, trade, and
economic development so that the department will operate as a single entity
on March 1, 1994.
(2) The plan shall include, but is not limited to, the following
elements:
(a) Strategies for combining the existing functions and responsibilities
of both agencies into a coordinated and unified department including a
strategic plan for each major program area that includes implementation
steps, evaluation measures, and methods for collaboration among programs;
[Title 43 RCW—page 581]
43.330.007
Title 43 RCW: State Government—Executive
(b) Recommendations for any changes in existing programs and
functions of both agencies, including new initiatives and possible transfer
of programs and functions to and from other departments;
(c) Implementation steps necessary to bring about operation of the
combined department as a single entity;
(d) Benchmarks by which to measure progress and to evaluate the
performance and effectiveness of the department’s efforts; and
(e) Strategies for coordinating and maximizing federal, state, local,
international, and private sector support for community and economic
development efforts within the state.
(3) In developing this plan, the directors shall establish an advisory
committee of representatives of groups using services and programs of both
departments. The advisory committee shall include representatives of cities,
counties, port districts, small and large businesses, labor unions, associate
development organizations, low-income housing interests, housing industry,
Indian tribes, community action programs, public safety groups, nonprofit
community and development organizations, international trade organizations,
minority and women business organizations, and any other organizations the
directors determine should have input to the plan." [1994 c 5 § 1; 1993 c
280 § 8.]
43.330.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Associate development organization" means a local
economic development nonprofit corporation that is broadly
representative of community interests.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of the department of
community, trade, and economic development. [1993 c 280
§ 3.]
43.330.020 Department created. A department of
community, trade, and economic development is created.
The department shall be vested with all powers and duties
established or transferred to it under this chapter and such
other powers and duties as may be authorized by law.
Unless otherwise specifically provided in chapter 280, Laws
of 1993, the existing responsibilities and functions of the
agency programs will continue to be administered in accordance with their implementing legislation. [1993 c 280 § 4.]
43.330.030 Director—Appointment—Salary. The
executive head of the department shall be the director. The
director shall be appointed by the governor with the consent
of the senate, and shall serve at the pleasure of the governor.
The director shall be paid a salary to be fixed by the
governor in accordance with RCW 43.03.040. [1993 c 280
§ 5.]
43.330.040 Director powers and duties. (1) The
director shall supervise and administer the activities of the
department and shall advise the governor and the legislature
with respect to community and economic development
matters affecting the state.
(2) In addition to other powers and duties granted to the
director, the director shall have the following powers and
duties:
(a) Enter into contracts on behalf of the state to carry
out the purposes of this chapter;
(b) Act for the state in the initiation of or participation
in any multigovernmental program relative to the purpose of
this chapter;
[Title 43 RCW—page 582]
(c) Accept and expend gifts and grants, whether such
grants be of federal or other funds;
(d) Appoint such deputy directors, assistant directors,
and up to seven special assistants as may be needed to
administer the department. These employees are exempt
from the provisions of chapter 41.06 RCW;
(e) Prepare and submit budgets for the department for
executive and legislative action;
(f) Submit recommendations for legislative actions as
are deemed necessary to further the purposes of this chapter;
(g) Adopt rules in accordance with chapter 34.05 RCW
and perform all other functions necessary and proper to carry
out the purposes of this chapter;
(h) Delegate powers, duties, and functions as the
director deems necessary for efficient administration, but the
director shall be responsible for the official acts of the
officers and employees of the department; and
(i) Perform other duties as are necessary and consistent
with law.
(3) When federal or other funds are received by the
department, they shall be promptly transferred to the state
treasurer and thereafter expended only upon the approval of
the director.
(4) The director may request information and assistance
from all other agencies, departments, and officials of the
state, and may reimburse such agencies, departments, or
officials if such a request imposes any additional expenses
upon any such agency, department, or official.
(5) The director shall, in carrying out the responsibilities
of office, consult with governmental officials, private groups,
and individuals and with officials of other states. All state
agencies and their officials and the officials of any political
subdivision of the state shall cooperate with and give such
assistance to the department, including the submission of
requested information, to allow the department to carry out
its purposes under this chapter.
(6) The director may establish additional advisory or
coordinating groups with the legislature, within state government, with state and other governmental units, with the
private sector and nonprofit entities or in specialized subject
areas as may be necessary to carry out the purposes of this
chapter.
(7) The internal affairs of the department shall be under
the control of the director in order that the director may
manage the department in a flexible and intelligent manner
as dictated by changing contemporary circumstances. Unless
specifically limited by law, the director shall have complete
charge and supervisory powers over the department. The
director may create such administrative structures as the
director deems appropriate, except as otherwise specified by
law, and the director may employ such personnel as may be
necessary in accordance with chapter 41.06 RCW, except as
otherwise provided by law. [1993 c 280 § 6.]
43.330.050 Community and economic development
responsibilities. The department shall be responsible for
promoting community and economic development within the
state by assisting the state’s communities to increase the
quality of life of their citizens and their economic vitality,
and by assisting the state’s businesses to maintain and
increase their economic competitiveness, while maintaining
(2002 Ed.)
Department of Community, Trade, and Economic Development
a healthy environment. Community and economic development efforts shall include: Efforts to increase economic
opportunity; local planning to manage growth; the promotion
and provision of affordable housing and housing-related
services; providing public infrastructure; business and trade
development; assisting firms and industrial sectors to
increase their competitiveness; fostering the development of
minority and women-owned businesses; facilitating technology development, transfer, and diffusion; community services
and advocacy for low-income persons; and public safety
efforts. The department shall have the following general
functions and responsibilities:
(1) Provide advisory assistance to the governor, other
state agencies, and the legislature on community and
economic development matters and issues;
(2) Assist the governor in coordinating the activities of
state agencies that have an impact on local government and
communities;
(3) Cooperate with the legislature and the governor in
the development and implementation of strategic plans for
the state’s community and economic development efforts;
(4) Solicit private and federal grants for economic and
community development programs and administer such
programs in conjunction with other programs assigned to the
department by the governor or the legislature;
(5) Cooperate with and provide technical and financial
assistance to local governments, businesses, and communitybased organizations serving the communities of the state for
the purpose of aiding and encouraging orderly, productive,
and coordinated development of the state, and, unless
stipulated otherwise, give additional consideration to local
communities and individuals with the greatest relative need
and the fewest resources;
(6) Participate with other states or subdivisions thereof
in interstate programs and assist cities, counties, municipal
corporations, governmental conferences or councils, and
regional planning commissions to participate with other
states and provinces or their subdivisions;
(7) Hold public hearings and meetings to carry out the
purposes of this chapter;
(8) Conduct research and analysis in furtherance of the
state’s economic and community development efforts
including maintenance of current information on market,
demographic, and economic trends as they affect different
industrial sectors, geographic regions, and communities with
special economic and social problems in the state; and
(9) Develop a schedule of fees for services where
appropriate. [1993 c 280 § 7.]
43.330.060 Trade and business responsibilities. (1)
The department shall assist in expanding the state’s role as
an international center of trade, culture, and finance. The
department shall promote and market the state’s products and
services internationally in close cooperation with other
private and public international trade efforts and act as a
centralized location for the assimilation and distribution of
trade information.
(2) The department shall identify and work with
Washington businesses that can use local, state, and federal
assistance to increase domestic and foreign exports of goods
and services.
(2002 Ed.)
43.330.050
(3) The department shall work generally with small
businesses and other employers to facilitate resolution of
siting, regulatory, expansion, and retention problems. This
assistance shall include but not be limited to assisting in
work force training and infrastructure needs, identifying and
locating suitable business sites, and resolving problems with
government licensing and regulatory requirements. The
department shall identify gaps in needed services and
develop steps to address them including private sector
support and purchase of these services.
(4) The department shall work to increase the availability of capital to small businesses by developing new and
flexible investment tools and by assisting in targeting and
improving the efficiency of existing investment mechanisms.
(5) The department shall assist women and minorityowned businesses in overcoming barriers to increased
investment and employment and becoming full participants
in Washington’s traded sector economy. [1993 c 280 § 9.]
Tacoma world trade center—1993 c 134: "The legislature
recognizes that export opportunities for small and medium-sized businesses
stimulates economic growth. Within current resources, the department of
trade and economic development shall work with the Tacoma world trade
center, to assist small and medium-sized businesses with export opportunities." [1993 c 134 § 1.]
43.330.065 Identification of countries of strategic
importance for international trade relations. The department of community, trade, and economic development, in
consultation with the office of protocol, the office of the
secretary of state, the department of agriculture, and the
employment security department shall identify up to fifteen
countries that are of strategic importance to the development
of Washington’s international trade relations. [1996 c 253
§ 303.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
43.330.070 Local development capacity—Training
and technical assistance. (1) The department shall work
closely with local communities to increase their capacity to
respond to economic, environmental, and social problems
and challenges. The department shall coordinate the delivery
of development services and technical assistance to local
communities or regional areas. It shall promote partnerships
between the public and private sectors and between state and
local officials to encourage appropriate economic growth and
opportunity in communities throughout the state. The
department shall promote appropriate local development by:
Supporting the ability of communities to develop and implement strategic development plans; assisting businesses to
start up, maintain, or expand their operations; encouraging
public infrastructure investment and private and public
capital investment in local communities; supporting efforts
to manage growth and provide affordable housing and
housing services; providing for the identification and
preservation of the state’s historical and cultural resources;
and expanding employment opportunities.
(2) The department shall define a set of services
including training and technical assistance that it will make
available to local communities, community-based nonprofit
organizations, regional areas, or businesses. The department
shall simplify access to these programs by providing more
[Title 43 RCW—page 583]
43.330.070
Title 43 RCW: State Government—Executive
centralized and user-friendly information and referral. The
department shall coordinate community and economic
development efforts to minimize program redundancy and
maximize accessibility. The department shall develop a set
of criteria for targeting services to local communities.
(3) The department shall develop a coordinated and
systematic approach to providing training to communitybased nonprofit organizations, local communities, and businesses. The approach shall be designed to increase the
economic and community development skills available in
local communities by providing training and funding for
training for local citizens, nonprofit organizations, and
businesses. The department shall emphasize providing
training in those communities most in need of state assistance. [1993 c 280 § 10.]
43.330.075 Local government regulation and policy
handouts—Technical assistance. The department shall
provide technical assistance in the compilation of and
support in the production of the handouts to be published
and kept current by counties and cities under RCW
36.70B.220. [1996 c 206 § 11.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.330.080 Coordination of community and economic development services—Contracts with associate
development organizations—Targeted sectors. (1) The
department shall contract with associate development
organizations or other local organizations to increase the
support for and coordination of community and economic
development services in communities or regional areas. The
organizations contracted with in each community or regional
area shall be broadly representative of community and
economic interests. The organization shall be capable of
identifying key economic and community development
problems, developing appropriate solutions, and mobilizing
broad support for recommended initiatives. The contracting
organization shall work with and include local governments,
local chambers of commerce, private industry councils, port
districts, labor groups, institutions of higher education,
community action programs, and other appropriate private,
public, or nonprofit community and economic development
groups. The department shall be responsible for determining
the scope of services delivered under these contracts.
(2) Associate development organizations or other local
development organizations contracted with shall promote and
coordinate, through local service agreements with local
governments, small business development centers, port
districts, community and technical colleges, private industry
councils, and other development organizations, for the
efficient delivery of community and economic development
services in their areas.
(3) The department shall consult with associate development organizations, port districts, local governments, and
other local development organizations in the establishment
of service delivery regions throughout the state. The
legislature encourages local associate development organizations to form partnerships with other associate development
organizations in their region to combine resources for better
access to available services, to encourage regional delivery
[Title 43 RCW—page 584]
of state services, and to build the local capacity of communities in the region more effectively.
(4) The department shall contract on a regional basis for
surveys of key sectors of the regional economy and the
coordination of technical assistance to businesses and
employees within the key sectors. The department’s
selection of contracting organizations or consortiums shall be
based on the sufficiency of the organization’s or
consortium’s proposal to examine key sectors of the local
economy within its region adequately and its ability to
coordinate the delivery of services required by businesses
within the targeted sectors. Organizations contracting with
the department shall work closely with the department to
examine the local economy and to develop strategies to
focus on developing key sectors that show potential for longterm sustainable growth. The contracting organization shall
survey businesses and employees in targeted sectors on a
periodic basis to gather information on the sector’s business
needs, expansion plans, relocation decisions, training needs,
potential layoffs, financing needs, availability of financing,
and other appropriate information about economic trends and
specific employer and employee needs in the region.
(5) The contracting organization shall participate with
the work force training and education coordinating board as
created in chapter 28C.18 RCW, and any regional entities
designated by that board, in providing for the coordination
of job skills training within its region. [1997 c 60 § 1; 1993
c 280 § 11.]
43.330.090 Economic diversification strategies—
Tourism expansion—Targeted sectors. (1) The department
shall work with private sector organizations, local governments, local economic development organizations, and higher
education and training institutions to assist in the development of strategies to diversify the economy, facilitate
technology transfer and diffusion, and increase value-added
production by focusing on targeted sectors. The targeted
sectors may include, but are not limited to, software, forest
products, biotechnology, environmental industries, recycling
markets and waste reduction, aerospace, food processing,
tourism, film and video, microelectronics, new materials,
robotics, and machine tools. The department shall, on a
continuing basis, evaluate the potential return to the state
from devoting additional resources to a targeted sector’s
approach to economic development and including additional
sectors in its efforts. The department shall use information
gathered in each service delivery region in formulating its
sectoral strategies and in designating new targeted sectors.
(2) The department shall ensure that the state continues
to pursue a coordinated program to expand the tourism
industry throughout the state in cooperation with the public
and private tourism development organizations. The department shall work to provide a balance of tourism activities
throughout the state and during different seasons of the year.
In addition, the department shall promote, market, and
encourage growth in the production of films and videos, as
well as television commercials within the state; to this end
the department is directed to assist in the location of a film
and video production studio within the state.
(2002 Ed.)
Department of Community, Trade, and Economic Development
43.330.090
(3) In assisting in the development of a targeted sector,
the department’s activities may include, but are not limited
to:
(a) Conducting focus group discussions, facilitating
meetings, and conducting studies to identify members of the
sector, appraise the current state of the sector, and identify
issues of common concern within the sector;
(b) Supporting the formation of industry associations,
publications of association directories, and related efforts to
create or expand the activities or industry associations;
(c) Assisting in the formation of flexible networks by
providing (i) agency employees or private sector consultants
trained to act as flexible network brokers and (ii) funding for
potential flexible network participants for the purpose of
organizing or implementing a flexible network;
(d) Helping establish research consortia;
(e) Facilitating joint training and education programs;
(f) Promoting cooperative market development activities;
(g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services;
and
(h) Providing for methods of electronic communication
and information dissemination among firms and groups of
firms to facilitate network activity. [1998 c 245 § 85; 1994
c 144 § 1; 1993 c 280 § 12.]
43.330.095 Tourism development advisory committee. (Expires June 30, 2008.) (1) The tourism development
advisory committee is created within the department. The
committee shall have a total of fifteen members. There shall
be one member from each of the two largest political
caucuses in the house of representatives and senate appointed
by the speaker of the house of representatives and the
president of the senate, respectively. The remaining eleven
members shall be appointed by the director and shall
represent the travel industry. When making appointments,
the director shall ensure to the greatest extent possible that
the industry representatives include all sectors of the travel
industry in Washington state and are diverse with respect to
region of the state, gender, and ethnicity.
(2) The tourism development advisory committee shall
meet at such times designated by the director but not less
than twice per calendar year. The committee shall review
and comment on the tourism development plan presented by
the department and advise the director concerning tourism
activities the department should undertake.
(3) This section expires June 30, 2008. [1998 c 299 §
2.]
Effective date—1994 c 144: "This act shall take effect July 1, 1994."
[1994 c 144 § 3.]
43.330.096 Tourism development program—Report
to the legislature. (Expires June 30, 2008.) (1) On or
before June 30th of each fiscal year, the department shall
submit a report to the appropriate policy and fiscal committees of the house of representatives and senate that describes
the tourism development program for the previous fiscal year
and quantifies the financial benefits to the state. The report
must contain information concerning targeted markets, benefits to different areas of the state, return on the state’s investment, and other relevant information related to tourism
development.
(2) This section expires June 30, 2008. [1998 c 299 §
5.]
43.330.092 Film and video promotion account—
Promotion of film and video production industry. The
film and video promotion account is created in the state
treasury. All receipts from RCW 36.102.060(14) must be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the
account may be used by the department of community, trade,
and economic development only for the purposes of promotion of the film and video production industry in the state of
Washington. [1997 c 220 § 222 (Referendum Bill No. 48,
approved June 17, 1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
43.330.094 Tourism development and promotion
account—Promotion of tourism industry. The tourism
development and promotion account is created in the state
treasury. All receipts from RCW 36.102.060(10) must be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the
account may be used by the department of community, trade,
and economic development only for the purposes of promotion of the tourism industry in the state of Washington.
[1997 c 220 § 223 (Referendum Bill No. 48, approved June
17, 1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
(2002 Ed.)
Intent—Effective date—1998 c 299: See notes following RCW
43.88.093.
Intent—Effective date—1998 c 299: See notes following RCW
43.88.093.
43.330.100 Local infrastructure and public facilities—Grants and loans. (1) The department shall support
the development and maintenance of local infrastructure and
public facilities and provide local communities with flexible
sources of funding. The department shall coordinate grant
and loan programs that provide infrastructure and investment
in local communities. This shall include coordinating
funding for eligible projects with other federal, state, local,
private, and nonprofit funding sources.
(2) At a minimum, the department shall provide coordinated procedures for applying for and tracking grants and
loans among and between the community economic revitalization board, the public works trust fund, and community
development block grants. [1993 c 280 § 13.]
43.330.110 Housing—Energy assistance. (1) The
department shall maintain an active effort to help communities, families, and individuals build and maintain capacity to
meet housing needs in Washington state. The department
shall facilitate partnerships among the many entities related
[Title 43 RCW—page 585]
43.330.110
Title 43 RCW: State Government—Executive
to housing issues and leverage a variety of resources and
services to produce comprehensive, cost-effective, and
innovative housing solutions.
(2) The department shall assist in the production,
development, rehabilitation, and operation of owner-occupied
or rental housing for very low, low, and moderate-income
persons; operate programs to assist home ownership, offer
housing services, and provide emergency, transitional, and
special needs housing services; and qualify as a participating
state agency for all programs of the federal department of
housing and urban development or its successor. The
department shall develop or assist local governments in
developing housing plans required by the state or federal
government.
(3) The department shall coordinate and administer
energy assistance and residential energy conservation and
rehabilitation programs of the federal and state government
through nonprofit organizations, local governments, and
housing authorities. [1993 c 280 § 14.]
43.330.120 Growth management. (1) The department shall serve as the central coordinator for state government in the implementation of the growth management act,
chapter 36.70A RCW. The department shall work closely
with all Washington communities planning for future growth
and responding to the pressures of urban sprawl. The
department shall ensure coordinated implementation of the
growth management act by state agencies.
(2) The department shall offer technical and financial
assistance to cities and counties planning under the growth
management act. The department shall help local officials
interpret and implement the different requirements of the act
through workshops, model ordinances, and information
materials.
(3) The department shall provide alternative dispute
resolution to jurisdictions and organizations to mediate
disputes and to facilitate consistent implementation of the
growth management act. The department shall review local
governments compliance with the requirements of the growth
management act and make recommendations to the governor.
[1993 c 280 § 15.]
43.330.125 Assistance to counties and cities. The
department of community, trade, and economic development
shall provide training and technical assistance to counties
and cities to assist them in fulfilling the requirements of
chapter 36.70B RCW. [1995 c 347 § 430.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.330.130 Services to poor and disadvantaged
persons—Preschool children—Substance abuse—Family
services—Fire protection and emergency management.
(1) The department shall coordinate services to communities
that are directed to the poor and disadvantaged through
private and public nonprofit organizations and units of
general purpose local governments. The department shall
coordinate these programs using, to the extent possible,
integrated case management methods, with other community
and economic development efforts that promote self-sufficiency.
[Title 43 RCW—page 586]
(2) These services may include, but not be limited to,
comprehensive education services to preschool children from
low-income families, providing for human service needs and
advocacy, promoting volunteerism and citizen service as a
means for accomplishing local community and economic
development goals, coordinating and providing emergency
food assistance to distribution centers and needy individuals,
and providing for human service needs through communitybased organizations.
(3) The department shall provide local communities and
at-risk individuals with programs that provide community
protection and assist in developing strategies to reduce
substance abuse. The department shall administer programs
that develop collaborative approaches to prevention, intervention, and interdiction programs. The department shall
administer programs that support crime victims, address
youth and domestic violence problems, provide indigent
defense for low-income persons, border town disputes, and
administer family services and programs to promote the
state’s policy as provided in RCW 74.14A.025.
(4) The department shall provide fire protection and
emergency management services to support and strengthen
local capacity for controlling risk to life, property, and
community vitality that may result from fires, emergencies,
and disasters. [1993 c 280 § 16.]
43.330.135 Court-appointed special advocate
programs—Funds—Eligibility. (1) The department of
community, trade, and economic development shall distribute
such funds as are appropriated for the statewide technical
support, development, and enhancement of court-appointed
special advocate programs.
(2) In order to receive money under subsection (1) of
this section, an organization providing statewide technical
support, development, and enhancement of court-appointed
special advocate programs must meet all of the following
requirements:
(a) The organization must provide statewide support,
development, and enhancement of court-appointed special
advocate programs that offer guardian ad litem services as
provided in RCW 26.12.175, 26.44.053, and 13.34.100;
(b) All guardians ad litem working under court-appointed special advocate programs supported, developed, or
enhanced by the organization must be volunteers and may
not receive payment for services rendered pursuant to the
program. The organization may include paid positions that
are exclusively administrative in nature, in keeping with the
scope and purpose of this section; and
(c) The organization providing statewide technical
support, development, and enhancement of court-appointed
special advocate programs must be a public benefit nonprofit
corporation as defined in RCW 24.03.490.
(3) If more than one organization is eligible to receive
money under this section, the department shall develop
criteria for allocation of appropriated money among the
eligible organizations. [1995 c 13 § 1.]
43.330.145 Entrepreneurial assistance—Recipients
of temporary assistance for needy families—Cooperation
with agencies for training and industrial recruitment. (1)
The department shall ensure that none of its rules or practic(2002 Ed.)
Department of Community, Trade, and Economic Development
es act to exclude recipients of temporary assistance for needy
families from any small business loan opportunities or
entrepreneurial assistance it makes available through its
community development block grant program or otherwise
provides using state or federal resources. The department
shall encourage local administrators of microlending programs using public funds to conduct outreach activities to
encourage recipients of temporary assistance for needy
families to explore self-employment as an option. The
department shall compile information on private and public
sources of entrepreneurial assistance and loans for start-up
businesses and provide the department of social and health
services with the information for dissemination to recipients
of temporary assistance for needy families.
(2) The department shall, as part of its industrial
recruitment efforts, work with the work force training and
education coordinating board to identify the skill sets needed
by companies locating in the state. The department shall
provide the department of social and health services with the
information about the companies’ needs in order that
recipients of public assistance and service providers assisting
such recipients through training and placement programs
may be informed and respond accordingly. The department
shall work with the state board for community and technical
colleges, the job skills program, the employment security
department, and other employment and training programs to
facilitate the inclusion of recipients of temporary assistance
for needy families in relevant training that would make them
good employees for recruited firms.
(3) The department shall perform the duties under this
section within available funds. [1997 c 58 § 323.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
43.330.150 Fees—Conferences, workshops, training.
The department is authorized to charge reasonable fees to
cover costs for conferences, workshops, and training purposes and to expend those fees for the purposes for which they
were collected. [1994 c 284 § 1.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
43.330.152 Fees—Service and product delivery
areas. In order to extend its services and programs, the
department may charge reasonable fees for services and
products provided in the areas of financial assistance,
housing, international trade, community assistance, economic
development, and other service delivery areas, except as
otherwise provided. These fees are not intended to exceed
the costs of providing the service or preparing and distributing the product. [1994 c 284 § 2.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
43.330.155 Community and economic development
fee account. The community and economic development
fee account is created in the state treasury. The department
may create subaccounts as necessary. The account consists
of all receipts from fees charged by the department under
RCW 43.330.150, 43.330.152, and *43.210.110. Expendi(2002 Ed.)
43.330.145
tures from the account may be used only for the purposes of
this chapter. Only the director or the director’s designee
may authorize expenditures from the account. Expenditures
from the account may be spent only after appropriation.
[1994 c 284 § 4.]
*Reviser’s note: RCW 43.210.110 was repealed by 1991 c 314 § 18,
effective June 30, 1997.
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
43.330.156 Fees—Adoption by rule. The fees
authorized under RCW 43.330.150, 43.330.152,
*70.95H.040, and **43.210.110 shall be adopted by rule
pursuant to chapter 34.05 RCW. [1994 c 284 § 8.]
Reviser’s note: *(1) The governor vetoed 1994 c 284 § 5, the
amendment to RCW 70.95H.040 that provided for fees.
**(2) RCW 43.210.110 was repealed by 1991 c 314 § 18, effective
June 30, 1997.
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
43.330.165 Housing for farmworkers—Proposal
review and funding recommendations—Farmworker
housing advisory group. (1) The department shall work
with the advisory group established in subsection (2) of this
section to review proposals and make prioritized funding
recommendations to the department or funding approval
board that oversees the distribution of housing trust fund
grants and loans to be used for the development, maintenance, and operation of housing for low-income
farmworkers.
(2) A farmworker housing advisory group representing
growers, farmworkers, and other interested parties shall be
formed to assist the department in the review and priority
funding recommendations under this section. [1998 c 37 §
8.]
43.330.170 Statewide housing market analysis. The
office of community development of the department of
community, trade, and economic development is directed to
conduct a statewide housing market analysis by region. The
purpose of the analysis is to identify areas of greatest need
for the appropriate investment of state affordable housing
funds, using vacancy data and other appropriate measures of
need for low-income housing. The analysis shall include the
number and types of projects that counties have developed
using the funds collected under chapter 294, Laws of 2002.
The analysis shall be completed by September 2003, and
updated every two years thereafter. [2002 c 294 § 4.]
Findings—2002 c 294: See note following RCW 36.22.178.
43.330.180 Grant program for business recruitment
efforts. (1) There is established in the department a grant
program to support business recruitment efforts. The
purpose of the program is to assist local associate development organizations in business recruitment efforts by
providing grants to assist in marketing the area to businesses
on a national and international basis.
(2) Applications for funding under this section must:
(a) Be submitted by either a local associate development
organization or a consortium of associate development
organizations;
[Title 43 RCW—page 587]
43.330.180
Title 43 RCW: State Government—Executive
(b) Contain evidence of active participation in the
development of the business recruitment effort between local
governments, the community, and other local development
organizations that serve the region;
(c) Contain a description of the proposed project and
how it will assist the region in its business recruitment
efforts; and
(d) Contain other information the director deems
necessary.
(3) In making grants under this section, the department
shall give preference to applications based on the following
criteria:
(a) The degree of leverage of other funds, including inkind match, committed to the project;
(b) The degree of community support for the proposed
project; and
(c) The degree the proposed project is coordinated with
existing state or local business recruitment efforts.
(4) The funding of an activity under this section is not
an obligation of the state of Washington to provide ongoing
funding in future years.
(5) The director may establish, by rule, such other
requirements as the director may reasonably determine
necessary and appropriate to assure that the purpose of this
section is satisfied. [1999 c 108 § 2.]
43.330.190 Reimbursement of extraordinary
criminal justice costs. Counties may submit a petition for
relief to the office of public defense for reimbursement of
extraordinary criminal justice costs. Extraordinary criminal
justice costs are defined as those associated with investigation, prosecution, indigent defense, jury impanelment, expert
witnesses, interpreters, incarceration, and other adjudication
costs of aggravated murder cases.
(1) The office of public defense, in consultation with the
Washington association of prosecuting attorneys and the
Washington association of sheriffs and police chiefs, shall
develop procedures for processing the petitions, for auditing
the veracity of the petitions, and for prioritizing the petitions.
Prioritization of the petitions shall be based on, but not
limited to, such factors as disproportionate fiscal impact
relative to the county budget, efficient use of resources, and
whether the costs are extraordinary and could not be reasonably accommodated and anticipated in the normal budget
process.
(2) Before January 1st of each year, the office of public
defense, in consultation with the Washington association of
prosecuting attorneys and the Washington association of
sheriffs and police chiefs, shall develop and submit to the
appropriate fiscal committees of the senate and house of
representatives a prioritized list of submitted petitions that
are recommended for funding by the legislature. [1999 c
303 § 1.]
43.330.195 Developmental disabilities endowment—
Definitions. The definitions in this section apply throughout
RCW 43.330.200 through 43.330.230.
(1) "Developmental disability" has the meaning in RCW
71A.10.020(3).
(2) "Developmental disabilities endowment trust fund"
means the fund established in the custody of the state
[Title 43 RCW—page 588]
treasurer in RCW 43.330.200, comprised of private, public,
or private and public sources, to finance services for persons
with developmental disabilities. All moneys in the fund, all
property and rights purchased from the fund, and all income
attributable to the fund, shall be held in trust by the state
investment board, as provided in RCW 43.33A.030, for the
exclusive benefit of fund beneficiaries. The principal and
interest of the endowment fund must be maintained until
such time as the governing board policy specifies except for
the costs and expenses of the state treasurer and the state
investment board otherwise provided for in chapter 120,
Laws of 2000.
(3) "Governing board" means the developmental
disabilities endowment governing board in RCW 43.330.205.
(4) "Individual trust account" means accounts established within the endowment trust fund for each individual
named beneficiary for the benefit of whom contributions
have been made to the fund. The money in each of the
individual accounts is held in trust as provided for in
subsection (2) of this section, and shall not be considered
state funds or revenues of the state. The governing board
serves as administrator, manager, and recordkeeper for the
individual trust accounts for the benefit of the individual
beneficiaries. The policies governing the disbursements, and
the qualifying services for the trust accounts, shall be
established by the governing board. Individual trust accounts
are separate accounts within the developmental disabilities
endowment trust fund, and are invested for the beneficiaries
through the endowment trust fund. [2000 c 120 § 2.]
43.330.200 Developmental disabilities endowment—
Trust fund. (1) The developmental disabilities endowment
trust fund is created in the custody of the state treasurer.
Expenditures from the fund may be used only for the
purposes of the developmental disabilities endowment
established under this chapter, except for expenses of the
state investment board and the state treasurer as specified in
subsection (2) of this section. Only the developmental
disabilities endowment governing board or the board’s
designee may authorize expenditures from the fund. The
fund shall retain its interest earnings in accordance with
RCW 43.79A.040.
(2) The developmental disabilities endowment governing
board shall deposit in the fund all money received for the
program, including state appropriations and private contributions. With the exception of investment and operating costs
associated with the investment of money by the investment
board paid under RCW 43.33A.160 and 43.84.160 and the
expenses and operating costs of the state treasurer paid under
RCW 43.08.190 and 43.79A.040, the fund shall be credited
with all investment income earned by the fund. Disbursements from the fund are exempt from appropriations and the
allotment provisions of chapter 43.88 RCW. However,
money used for program administration by the department or
the governing board is subject to the allotment and budgetary
controls of chapter 43.88 RCW, and an appropriation is required for these expenditures. [2000 c 120 § 3; 1999 c 384
§ 2.]
Intent—1999 c 384: "The legislature recognizes that the main and
most enduring support for persons with developmental disabilities, along
with public resources, is their immediate and extended families. The
legislature recognizes that these families are searching for ways to provide
(2002 Ed.)
Department of Community, Trade, and Economic Development
for the long-term continuing care of their disabled family member when the
family can no longer provide that care. It is the intent of the legislature to
encourage and assist families to engage in long-range financial planning and
to contribute to the lifetime care of their disabled family member. To
further these objectives, this chapter is enacted to finance lifetime services
and supports for persons with developmental disabilities through an
endowment funded jointly by the investment of public funds and dedicated
family contributions.
The establishment of this endowment is not intended to diminish the
state’s responsibility for funding services currently available to future
endowment participants, subject to available funding, nor is it the intent of
the legislature, by the creation of this public/private endowment, to impose
additional, unintended financial liabilities on the public." [2000 c 120 § 1;
1999 c 384 § 1.]
Captions not law—1999 c 384: "Captions used in this chapter are
not any part of the law." [1999 c 384 § 9.]
43.330.205 Developmental disabilities endowment—
Authority of state investment board—Authority of
governing board. (1) The state investment board has the
full power to invest, reinvest, manage, contract, sell, or
exchange investment money in the developmental disabilities
endowment trust fund. All investment and operating costs
associated with the investment of money shall be paid under
RCW 43.33A.160 and 43.84.160. With the exception of
these expenses, the earnings from the investment of the
money shall be retained by the fund.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care under RCW 43.33A.140 and the investment policy
established by the state investment board.
(3) As deemed appropriate by the investment board,
money in the fund may be commingled for investment with
other funds subject to investment by the board.
(4) The authority to establish all policies relating to the
fund, other than the investment policies as set forth in
subsections (1) through (3) of this section, resides with the
governing board acting in accordance with the principles set
forth in RCW 43.330.220. With the exception of expenses
of the state treasurer in RCW 43.330.200 and the investment
board set forth in subsection (1) of this section, disbursements from the fund shall be made only on the authorization
of the governing board or the board’s designee, and money
in the fund may be spent only for the purposes of the
developmental disabilities endowment program as specified
in this chapter.
(5) The investment board shall routinely consult and
communicate with the governing board on the investment
policy, earnings of the trust, and related needs of the
program. [2000 c 120 § 4.]
43.330.210 Developmental disabilities endowment—
Governing board—Liability of governing board and state
investment board. The developmental disabilities endowment governing board is established to design and administer
the developmental disabilities endowment. To the extent
funds are appropriated for this purpose, the director of the
department of community, trade, and economic development
shall provide staff and administrative support to the governing board.
(1) The governing board shall consist of seven members
as follows:
(a) Three of the members, who shall be appointed by
the governor, shall be persons who have demonstrated
(2002 Ed.)
43.330.200
expertise and leadership in areas such as finance, actuarial
science, management, business, or public policy.
(b) Three members of the board, who shall be appointed
by the governor, shall be persons who have demonstrated
expertise and leadership in areas such as business, developmental disabilities service design, management, or public
policy, and shall be family members of persons with
developmental disabilities.
(c) The seventh member of the board, who shall serve
as chair of the board, shall be appointed by the remaining
six members of the board.
(2) Members of the board shall serve terms of four
years and may be appointed for successive terms of four
years at the discretion of the appointing authority. However,
the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the
members’ terms expire each year.
(3) Members of the board shall be compensated for their
service under RCW 43.03.240 and shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060.
(4) The board shall meet periodically as specified by the
call of the chair, or a majority of the board.
(5) Members of the governing board and the state
investment board shall not be considered an insurer of the
funds or assets of the endowment trust fund or the individual
trust accounts. Neither of these two boards or their members
shall be liable for the action or inactions [inaction] of the
other.
(6) Members of the governing board and the state
investment board are not liable to the state, to the fund, or
to any other person as a result of their activities as members,
whether ministerial or discretionary, except for willful
dishonesty or intentional violations of law. The department
and the state investment board, respectively, may purchase
liability insurance for members. [2000 c 120 § 5; 1999 c
384 § 4.]
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
43.330.220 Developmental disabilities endowment—
Endowment principles. The design, implementation, and
administration of the developmental disabilities endowment
shall be governed by the following principles:
(1) The design and operation of the endowment should
reward families who set aside resources for their child’s
future care and provide incentives for continued caregiving
by the family.
(2) The endowment should encourage financial planning
and reward caregiving by a broad range of families, not just
those who have substantial financial resources.
(3) Families should not feel compelled to contribute to
the endowment in order to meet the needs of continuing care
for their child.
(4) All families should have equal access to developmental disabilities services not funded through the endowment regardless of whether they contribute to the endowment.
(5) Services funded through the endowment should be
stable, ongoing, of reasonable quality, and respectful of
individual and family preferences.
[Title 43 RCW—page 589]
43.330.220
Title 43 RCW: State Government—Executive
(6) Endowment resources should be expended economically in order to benefit as many families as possible.
(7) Endowment resources should be managed prudently
so that families can be confident that their agreement with
the endowment on behalf of their child will be honored.
(8) The private financial contribution on behalf of each
person receiving services from the endowment shall be at
least equal to the state’s contribution to the endowment.
(9) In order to be matched with funding from the state’s
contribution to the endowment, the private contribution on
behalf of a beneficiary must be sufficient to support the
beneficiary’s approved service plan for a significant portion
of the beneficiary’s anticipated remaining lifetime.
(10) The rate that state appropriations to the endowment
are used to match private contributions shall be such that
each legislative appropriation to the developmental disabilities endowment trust fund, including principal and investment income, is not depleted in a period of less than five
years.
(11) Private contributions made on behalf of a particular
individual, and the associated state match, shall only be used
for services provided upon that person’s behalf.
(12) State funds contributed to the developmental
disabilities endowment trust fund are to support the individual trust accounts established by individual private contributions made by families or other interested persons for named
individual beneficiaries.
(13) The governing board shall explore methods to
solicit private donations. The governing board shall explore
mechanisms to support individuals with developmental
disabilities who do not have individual private contributions
made on their behalf. The governing board shall establish
policies for the use of any private donations.
(14) Types of services funded by money managed
through the developmental disabilities endowment trust fund
shall be approved by the governing board or its designee.
[2000 c 120 § 6; 1999 c 384 § 5.]
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
43.330.225 Developmental disabilities endowment—
Development of operating plan—Elements. To the extent
funds are appropriated for this purpose, the governing board
shall contract with an appropriate organization for the
development of a proposed operating plan for the developmental disabilities endowment program. The proposed
operating plan shall be consistent with the endowment
principles specified in RCW 43.330.220. The plan shall
address at least the following elements:
(1) The recommended types of services to be available
through the endowment program and their projected average
costs per beneficiary;
(2) An assessment of the number of people likely to
apply for participation in the endowment under alternative
rates of matching funds, minimum service year requirements,
and contribution timing approaches;
(3) An actuarial analysis of the number of disabled
beneficiaries who are likely to be supported under alternative
levels of public contribution to the endowment, and the
length of time the beneficiaries are likely to be served, under
alternative rates of matching funds, minimum service year
requirements, and contribution timing approaches;
[Title 43 RCW—page 590]
(4) Recommended eligibility criteria for participation in
the endowment program;
(5) Recommended policies regarding withdrawal of
private contributions from the endowment in cases of
movement out of state, death of the beneficiary, or other
circumstances;
(6) Recommended matching rate of public and private
contributions and, for each beneficiary, the maximum annual
and lifetime amount of private contributions eligible for
public matching funds;
(7) The recommended minimum years of service on
behalf of a beneficiary that must be supported by private
contributions in order for the contributions to qualify for
public matching funds from the endowment;
(8) The recommended schedule according to which
lump sum or periodic private contributions should be made
to the endowment in order to qualify for public matching
funds;
(9) A recommended program for educating families
about the endowment, and about planning for their child’s
long-term future; and
(10) Recommended criteria and procedure for selecting
an organization or organizations to administer the developmental disabilities endowment program, and projected
administrative costs. [2000 c 120 § 7.]
43.330.230 Developmental disabilities endowment—
Program implementation and administration. Based on
the proposed operating plan under RCW 43.330.225, and to
the extent funds are appropriated for this purpose, the
developmental disabilities endowment governing board shall
implement and administer, or contract for the administration
of, the developmental disabilities endowment program under
the principles specified in RCW 43.330.220. By December
1, 2000, and prior to implementation, the final program
design shall be submitted to the appropriate committees of
the legislature.
The secretary of the department of social and health
services shall seek to maximize federal reimbursement and
matching funds for expenditures made under the endowment
program, and shall seek waivers from federal requirements
as necessary for the receipt of federal funds.
The governing board may receive gifts, grants, and
endowments from public or private sources as may be made
from time to time, in trust or otherwise, for the use and
benefit of the purposes of the endowment program and may
expend the gifts, grants, and endowments according to their
terms. [2000 c 120 § 8; 1999 c 384 § 7.]
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
43.330.240 Developmental disabilities endowment—
Rules. The department of community, trade, and economic
development shall adopt rules for the implementation of
policies established by the governing board in RCW
43.330.200 through 43.330.230. Such rules will be consistent with those statutes and chapter 34.05 RCW. [2000 c
120 § 9.]
43.330.900 References to director and department.
(1) All references to the director or department of communi(2002 Ed.)
Department of Community, Trade, and Economic Development
ty development in the Revised Code of Washington shall be
construed to mean the director of community, trade, and
economic development or the department of community,
trade, and economic development.
(2) All references to the director or department of trade
and economic development in the Revised Code of Washington shall be construed to mean the director of community,
trade, and economic development or the department of
community, trade, and economic development. [1993 c 280
§ 79.]
43.330.901 Captions. Captions used in this chapter
do not constitute part of the law. [1993 c 280 § 83.]
43.330.902 Effective date—1993 c 280. Sections 1
through 7, 9 through 79, 82, and 83 of this act shall take
effect March 1, 1994. [1994 c 5 § 2; 1993 c 280 § 86.]
43.330.9021 Effective date—1994 c 5. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect March 1,
1994. [1994 c 5 § 3.]
43.330.903 Severability—1993 c 280. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1993 c 280 § 87.]
43.330.904 Transfer of certain state energy office
powers, duties, and functions—References to director—
Appointment of assistant director. (1) All powers, duties,
and functions of the state energy office relating to energy
resource policy and planning and energy facility siting are
transferred to the department of community, trade, and
economic development. All references to the director or the
state energy office in the Revised Code of Washington shall
be construed to mean the director or the department of
community, trade, and economic development when referring
to the functions transferred in this section.
The director shall appoint an assistant director for
energy policy, and energy policy staff shall have no additional responsibilities beyond activities concerning energy policy.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the department of community, trade, and economic development. All
cabinets, furniture, office equipment, software, data base,
motor vehicles, and other tangible property employed by the
state energy office in carrying out the powers, functions, and
duties transferred shall be made available to the department
of community, trade, and economic development.
(b) Any appropriations made to the state energy office
for carrying out the powers, functions, and duties transferred
shall, on July 1, 1996, be transferred and credited to the
department of community, trade, and economic development.
(c) Whenever any question arises as to the transfer of
any funds, books, documents, records, papers, files, software,
data base, equipment, or other tangible property used or held
(2002 Ed.)
43.330.900
in the exercise of the powers and the performance of the
duties and functions transferred, the director of financial
management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees of the state energy office engaged in
performing the powers, functions, and duties pertaining to
the energy facility site evaluation council are transferred to
the jurisdiction of the department of community, trade, and
economic development. All employees engaged in energy
facility site evaluation council duties classified under chapter
41.06 RCW, the state civil service law, are assigned to the
department of community, trade, and economic development
to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action
that may be appropriate thereafter in accordance with the
laws and rules governing state civil service.
(4) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of community, trade, and economic development. All
existing contracts and obligations shall remain in full force
and shall be performed by the department of community,
trade, and economic development.
(5) The transfer of the powers, duties, and functions of
the state energy office does not affect the validity of any act
performed before July 1, 1996.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of the office of financial management shall certify the
apportionments to the agencies affected, the state auditor,
and the state treasurer. Each of these shall make the
appropriate transfer and adjustments in funds and appropriation.
(7) The department of community, trade, and economic
development shall direct the closure of the financial records
of the state energy office.
(8) Responsibility for implementing energy education,
applied research, and technology transfer programs rests with
Washington State University. The department of community, trade, and economic development shall provide Washington State University available existing and future oil overcharge restitution and federal energy block funding for a
minimum period of five years to carry out energy programs
under an interagency agreement with the department of
community, trade, and economic development. The interagency agreement shall also outline the working relationship
between the department of community, trade, and economic
development and Washington State University as it pertains
to the relationship between energy policy development and
public outreach. Nothing in chapter 186, Laws of 1996
prohibits Washington State University from seeking grant,
contract, or fee-for-service funding for energy or related programs directly from other entities. [1996 c 186 § 101.]
Findings—Intent—1996 c 186: "The legislature finds responsibilities
of state government need to be limited to core services in support of public
safety and welfare. Services provided by the Washington state energy office
are primarily advisory and can be eliminated. The legislature further finds
a need to redefine the state’s role in energy-related regulatory functions.
The state may be better served by allowing regulatory functions to be
performed by other appropriate entities, simplifying state government while
maintaining core services. Further, it is the intent of the legislature that the
state continue to receive oil overcharge restitution funds for our citizens
[Title 43 RCW—page 591]
43.330.904
Title 43 RCW: State Government—Executive
while every effort is being made to maximize federal funds available for
energy conservation purposes." [1996 c 186 § 1.]
Part headings not law—1996 c 186: "Part headings used in this act
do not constitute part of the law." [1996 c 186 § 602.]
Effective date—1996 c 186: "This act shall take effect July 1, 1996."
[1996 c 186 § 603.]
Chapter 43.332
OFFICE OF THE WASHINGTON STATE
TRADE REPRESENTATIVE
Sections
43.332.005 Findings.
43.332.010 Office created—Finances.
43.332.005 Findings. (1) The legislature finds that:
(a) The expansion of international trade is vital to the
overall growth of Washington’s economy;
(b) On a per capita basis, Washington state is the most
international trade dependent state in the nation;
(c) The North American free trade agreement (NAFTA)
and the general agreement on tariffs and trade (GATT)
highlight the increased importance of international trade
opportunities to the United States and the state of Washington;
(d) The passage of NAFTA and GATT will have a
major impact on the state’s agriculture, aerospace, computer
software, and textiles and apparel sectors;
(e) There is a need to strengthen and coordinate the
state’s activities in promoting and developing its agricultural,
manufacturing, and service industries overseas, especially for
small and medium-sized businesses, and minority and
women-owned business enterprises; and
(f) The importance of having a coherent vision for
advancing Washington state’s interest in the global economy
has rarely been so consequential as it is now.
(2) The legislature declares that the purpose of the
office of the Washington state trade representative is to
strengthen and expand the state’s activities in marketing its
goods and services overseas. [1995 c 350 § 1.]
43.332.010 Office created—Finances. The office of
the Washington state trade representative is created under the
office of the governor. The office shall serve as the state’s
official liaison with foreign governments on trade matters.
The office of the Washington state trade representative
may accept or request grants or gifts from citizens and other
private sources to be used to defray the costs of appropriate
hosting of foreign dignitaries, including appropriate giftgiving and reciprocal gift-giving, or other activities of the
office. The office shall open and maintain a bank account
into which it shall deposit all money received under this section. Such money and the interest accruing thereon shall not
constitute public funds, shall be kept segregated and apart
from funds of the state, and shall not be subject to appropriation or allotment by the state or subject to chapter 43.88
RCW. [1995 c 350 § 2.]
Chapter 43.340
TOBACCO SETTLEMENT AUTHORITY
Sections
43.340.005 Purpose—Construction.
43.340.010 Definitions.
43.340.020 Tobacco settlement authority—Governing board—
Meetings—Staff support.
43.340.030 Tobacco settlement authority—Powers—Rule-making authority.
43.340.040 Financing powers.
43.340.050 Bonds.
43.340.060 Bonds—Obligations of authority—Not obligations of state.
43.340.070 Bonds—Legal investments.
43.340.080 Sale of rights in master settlement agreement.
43.340.090 Limitation of liability.
43.340.100 Bankruptcy—Contractual obligation to contain section.
43.340.110 Dissolution of authority.
43.340.120 Tobacco securitization trust account.
43.340.900 Captions not law—2002 c 365.
43.340.901 Severability—2002 c 365.
43.340.902 Effective date—2002 c 365.
43.340.005 Purpose—Construction. The legislature
declares it to be the public policy of the state and a recognized governmental function to assist in securitizing the
revenue stream from the master settlement agreement
between the state and tobacco product manufacturers in order
to provide a current and reliable source of revenue for the
state. The purpose of this chapter is to establish a tobacco
settlement authority having the power to purchase certain
rights of the state under the master settlement agreement and
to issue nonrecourse revenue bonds to pay outstanding obligations of the state in order to make funds available for
increased costs of health care, long-term care, and other
programs of the state. This chapter, being necessary for the
welfare of the state and its inhabitants, shall be liberally
construed to effect the purposes thereof. [2002 c 365 § 1.]
43.340.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means the tobacco settlement authority
created in this chapter.
(2) "Board" means the governing board of the authority.
(3) "Bonds" means bonds, notes, and other obligations
and financing arrangements issued or entered into by the
authority under this chapter.
(4) "Master settlement agreement" means the national
master settlement agreement and related documents entered
into on November 23, 1998, by the state and the four
principal United States tobacco product manufacturers, as
amended and supplemented, for the settlement of litigation
brought by the state against the tobacco product manufacturers.
(5) "Sales agreement" means any agreement authorized
under this chapter in which the state provides for the sale to
the authority of a portion of the payments required to be
made by tobacco product manufacturers to the state and the
state’s rights to receive such payments, pursuant to the
master settlement agreement. [2002 c 365 § 2.]
43.340.020 Tobacco settlement authority—
Governing board—Meetings—Staff support. (1) The
[Title 43 RCW—page 592]
(2002 Ed.)
Tobacco Settlement Authority
tobacco settlement authority is created and constitutes a
public instrumentality and agency of the state, separate and
distinct from the state, exercising public and essential
governmental functions. The authority is a public body
within the meaning of RCW 39.53.010.
(2) The powers of the authority are vested in and shall
be exercised by a board consisting of five directors appointed by the governor, one of whom shall be appointed by the
governor as chair of the authority and who shall serve on the
authority and as chair of the authority at the pleasure of the
governor. The governor shall make the initial appointments
no later than thirty days after April 4, 2002. The term of the
directors, other than the chair, shall be four years from the
date of their appointment, except that the terms of two of the
initial appointees, as determined by the governor, shall be for
two years from the date of their appointment. A director
may be removed by the governor for cause under RCW
43.06.070 and 43.06.080. The governor shall fill any
vacancy on the board by appointment for the remainder of
the unexpired term. The members of the authority shall be
compensated in accordance with RCW 43.03.240 and may
be reimbursed, solely from the funds of the authority, for
expenses incurred in the discharge of their duties under this
chapter, subject to RCW 43.03.050 and 43.03.060.
(3) Three members of the board constitute a quorum.
(4) The members shall elect a treasurer and secretary
annually, and other officers as the members determine
necessary.
(5) Meetings of the board shall be held in accordance
with the open public meetings act, chapter 42.30 RCW, and
at the call of the chair or when a majority of the members
so requests. Meetings of the board may be held at any location within or out of the state, and members of the board
may participate in a meeting of the board by means of a
conference telephone or similar communication equipment
under RCW 23B.08.200.
(6) The staff of the state housing finance commission
under chapter 43.180 RCW shall provide administrative and
staff support to the authority and shall be compensated for
its services solely from the funds of the authority. [2002 c
365 § 3.]
43.340.030 Tobacco settlement authority—Powers—
Rule-making authority. (1) The authority has all the
general powers necessary to carry out its purposes and duties
and to exercise its specific powers. In addition to other
powers specified in this chapter, the authority may:
(a) Sue and be sued in its own name;
(b) Make and execute agreements, contracts, and other
instruments, with any public or private person, in accordance
with this chapter;
(c) Employ, contract with, or engage independent
counsel, bond counsel, other attorneys, financial advisors,
investment bankers, auditors, other technical or professional
assistants, and such other personnel as are necessary and
recommended by the state housing finance commission staff;
(d) Invest or deposit moneys of the authority in any
manner determined by the authority and enter into hedge
agreements, swap agreements, or other financial products,
including payment agreements defined under RCW
(2002 Ed.)
43.340.020
39.96.020(5). The authority is not a governmental entity for
purposes of chapter 39.96 RCW;
(e) Establish such special funds, and controls on
deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;
(f) Procure insurance, other credit enhancements, and
other financing arrangements for its bonds to fulfill its
purposes under this chapter, including but not limited to
municipal bond insurance and letters of credit;
(g) Accept appropriations, gifts, grants, loans, or other
aid from public or private entities;
(h) Adopt rules, consistent with this chapter, as the
board determines necessary;
(i) Delegate any of its powers and duties if consistent
with the purposes of this chapter; and
(j) Exercise any other power reasonably required to
implement the purposes of this chapter.
(2) The authority does not have the power of eminent
domain and does not have the power to levy taxes of any
kind. [2002 c 365 § 6.]
43.340.040 Financing powers. In addition to other
powers and duties prescribed in this chapter, the authority is
empowered to:
(1) Establish a stable source of revenue to be used for
the purposes designated in this chapter;
(2) Enter into sales agreements with the state for
purchase of a portion of the amounts otherwise due to the
state under the master settlement agreement, and of the
state’s rights to receive such amounts;
(3) Issue bonds, the interest and gain on which may or
may not be exempt from general federal income taxation, in
one or more series, and to refund or refinance its debt and
obligations;
(4) Sell, pledge, or assign, as security, all or a portion
of the revenues derived by the authority under any sales
agreement, to provide for and secure the issuance of its
bonds;
(5) Provide for the investment of any funds, including
funds held in reserve, not required for immediate disbursement, and provide for the selection of investments;
(6) Manage its funds, obligations, and investments as
necessary and as consistent with its purpose; and
(7) Implement the purposes of this chapter. [2002 c 365
§ 5.]
43.340.050 Bonds. (1) The authority may issue its
bonds in principal amounts which, in the opinion of the
authority, are necessary to provide sufficient funds for
achievement of its purposes, the payment of debt service on
its bonds, the establishment of reserves to secure the bonds,
the costs of issuance of its bonds and credit enhancements,
if any, and all other expenditures of the authority incident to
and necessary to carry out its purposes or powers. The
authority may also issue refunding bonds, including advance
refunding bonds, for the purpose of refunding previously
issued bonds, and may issue other types of bonds, debt
obligations, and financing arrangements necessary to fulfill
its purposes or the purposes of this chapter. The bonds are
investment securities and negotiable instruments within the
[Title 43 RCW—page 593]
43.340.050
Title 43 RCW: State Government—Executive
meaning of and for the purposes of the uniform commercial
code.
(2) The authority’s bonds shall bear such date or dates,
mature at such time or times, be in such denominations, be
in such form, be registered or registrable in such manner, be
made transferable, exchangeable, and interchangeable, be
payable in such medium of payment, at such place or places,
be subject to such terms of redemption, bear such fixed or
variable rate or rates of interest, be taxable or tax exempt, be
payable at such time or times, and be sold in such manner
and at such price or prices, as the authority determines. The
bonds shall be executed by one or more officers of the
authority, and by the trustee or paying agent if the authority
determines to use a trustee or paying agent for the bonds.
Execution of the bonds may be by manual or facsimile
signature, provided that at least one signature on the bond is
manual.
(3) The bonds of the authority shall be subject to such
terms, conditions, covenants, and protective provisions as are
found necessary or desirable by the authority, including, but
not limited to, pledges of the authority’s assets, setting aside
of reserves, and other provisions the authority finds are
necessary or desirable for the security of bondholders.
(4) Any revenue pledged by the authority to be received
under the sales agreement or in special funds created by the
authority shall be valid and binding at the time the pledge is
made. Receipts so pledged and then or thereafter received
by the authority and any securities in which such receipts
may be invested shall immediately be subject to the lien of
such pledge without any physical delivery thereof or further
act. The lien of any such pledge shall be valid and binding
as against all parties having claims of any kind against the
authority, whether such parties have notice of the lien.
Notwithstanding any other provision to the contrary, the
resolution or indenture of the authority or any other instrument by which a pledge is created need not be recorded or
filed pursuant to chapter 62A.9A RCW to perfect such
pledge. The authority shall constitute a governmental unit
within the meaning of RCW 62A.9A-102(a)(45).
(5) When issuing bonds, the authority may provide for
the future issuance of additional bonds or parity debt on a
parity with outstanding bonds, and the terms and conditions
of their issuance. The authority may issue refunding bonds
in accordance with chapter 39.53 RCW or issue bonds with
a subordinate lien against the fund or funds securing outstanding bonds.
(6) The board and any person executing the bonds are
not liable personally on the indebtedness or subject to any
personal liability or accountability by reason of the issuance
thereof.
(7) The authority may, out of any fund available
therefor, purchase its bonds in the open market. [2002 c 365
§ 8.]
43.340.060 Bonds—Obligations of authority—Not
obligations of state. (1) Bonds issued under this chapter
shall be issued in the name of the authority. The bonds shall
not be obligations of the state of Washington and shall be
obligations only of the authority, payable solely from the
special fund or funds created by the authority for their
payment.
[Title 43 RCW—page 594]
(2) Bonds issued under this chapter shall contain a
recital on their face to the effect that payment of the principal of, interest on, and prepayment premium, if any, on the
bonds shall be a valid claim only as against the special fund
or funds relating thereto, that neither the faith and credit nor
the taxing power of the state or any municipal corporation,
subdivision, or agency of the state, other than the authority
as set forth in this chapter, is pledged to the payment of the
principal of, interest on, and prepayment premium, if any, on
the bonds.
(3) Contracts entered into by the authority shall be
entered into in the name of the authority and not in the name
of the state of Washington. The obligations of the authority
under the contracts shall be obligations only of the authority
and are not in any way obligations of the state of Washington. [2002 c 365 § 4.]
43.340.070 Bonds—Legal investments. Bonds issued
under this chapter are hereby made securities in which all
insurance companies, trust companies in their commercial
departments, savings banks, cooperative banks, banking
associations, investment companies, executors, trustees and
other fiduciaries, and all other persons whatsoever who are
now or may hereafter be authorized to invest in obligations
of the state may properly and legally invest funds, including
capital in their control or belonging to them. [2002 c 365 §
9.]
43.340.080 Sale of rights in master settlement
agreement. (1) The governor is authorized to sell and
assign to the authority all of the state’s right to receive a
portion of the state’s annual share of the revenue derived
from the master settlement agreement for litigation brought
by the state against tobacco product manufacturers. The
portion of the state’s share sold and assigned shall be
determined by the governor in an amount necessary to
generate net proceeds to the state for deposit to the tobacco
securitization trust account under RCW 43.340.120 up to
four hundred fifty million dollars. The attorney general shall
assist the governor in the review of all necessary documentation to effect the sale. The governor and the authority are
authorized to take any action necessary to facilitate and
complete the sale.
(2) The sale made under this section is irrevocable so
long as bonds issued under this chapter remain outstanding.
The portion of the revenue sold to the authority shall be
pledged to the bondholders. The sale and assignment shall
constitute and be treated as a true sale and absolute transfer
of the revenue so transferred and not as a pledge or other
security interest granted by the state for any borrowing. The
characterization of such a sale as an absolute transfer shall
not be negated or adversely affected by the fact that only a
portion of the revenue from the master settlement agreement
is being sold and assigned, or by the state’s acquisition or
retention of an ownership interest in the portion of the
revenue from the master settlement agreement not so assigned.
(3) In addition to such other terms, provisions, and
conditions as the governor and the authority may determine
appropriate for inclusion in the sale agreements, the sale
agreements shall contain (a) a covenant of the state that the
(2002 Ed.)
Tobacco Settlement Authority
state will not agree to any amendment of the master settlement agreement that materially and adversely affects the
authority’s ability to receive the portion of the state’s share
of master settlement agreement payments that have been sold
to the authority; (b) a requirement that the state enforce, at
its own expense, the provisions of the master settlement
agreement that require the payment of the portion of the
state’s share of master settlement agreement payments that
have been sold to the authority; and (c) a covenant that the
state shall take no action that would adversely affect the taxexempt status of any tax-exempt bonds of the authority.
(4) On or after the effective date of the sale, the state
shall not have any right, title, or interest in the portion of the
state’s share of the master settlement agreement revenue sold
and such portion shall be the property of the authority and
not the state, and shall be owned, received, held, and
disbursed by the authority or its trustee or assignee, and not
the state.
(5) The terms of the state’s sale to the authority of a
portion of the master settlement agreement revenue shall
provide that the portion shall be paid directly to the authority
or its trustee or assignee. The revenue sold and assigned
shall not be received in the treasury of the state and shall not
be or deemed to be general state revenues as that term is
used in Article VIII, section 1 of the state Constitution.
[2002 c 365 § 7.]
43.340.090 Limitation of liability. Members of the
board and persons acting in the authority’s behalf, while
acting within the scope of their employment or agency, are
not subject to personal liability resulting from carrying out
the powers and duties conferred on them under this chapter.
[2002 c 365 § 10.]
43.340.100 Bankruptcy—Contractual obligation to
contain section. Prior to the date that is three hundred
sixty-six days after which the authority no longer has any
bonds outstanding, the authority is prohibited from filing a
voluntary petition under chapter 9 of the federal bankruptcy
code or such corresponding chapter or section as may, from
time to time, be in effect, and a public official or organization, entity, or other person shall not authorize the authority
to be or become a debtor under chapter 9 or any successor
or corresponding chapter or sections during such periods.
This section shall be part of any contractual obligation owed
to the holders of bonds issued under this chapter. Any such
contractual obligation shall not subsequently be modified by
state law during the period of the contractual obligation.
[2002 c 365 § 11.]
43.340.110 Dissolution of authority. The authority
shall dissolve no later than two years from the date of final
payment of all of its outstanding bonds and the satisfaction
of all outstanding obligations of the authority, except to the
extent necessary to remain in existence to fulfill any outstanding covenants or provisions with bondholders or third
parties made in accordance with this chapter. Upon dissolution of the authority, all assets of the authority shall be
returned to the state and shall be deposited in the state
general fund, and the authority shall execute any necessary
assignments or instruments, including any assignment of any
(2002 Ed.)
43.340.080
right, title, or ownership to the state for receipt of payments
under the master settlement agreement. [2002 c 365 § 12.]
43.340.120 Tobacco securitization trust account.
The state treasurer shall deposit the proceeds of the sale of
revenue under this chapter into the tobacco securitization
trust account hereby created and held in the custody of the
state treasurer. Moneys in the tobacco securitization trust
account shall be subject to such appropriations and transfers
as may be provided by law and shall be used for capital
expenditures, debt service on outstanding bonds of the state,
or for other purposes as permitted by law. The sales agreement under this chapter shall provide for the state to allocate
the use of proceeds of the bonds issued by the authority to
enable interest on all or a portion of the bonds to be excluded from income for federal tax law purposes. [2002 c 365
§ 13.]
43.340.900 Captions not law—2002 c 365. Captions
used in this act are not any part of the law. [2002 c 365 §
16.]
43.340.901 Severability—2002 c 365. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [2002 c 365 § 18.]
43.340.902 Effective date—2002 c 365. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 4, 2002]. [2002 c 365 § 19.]
Chapter 43.950
CONSTRUCTION
Sections
43.950.010
43.950.020
43.950.030
43.950.040
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
43.950.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
Nothing in this 1965 reenactment of this title shall be
construed as authorizing any new bond issues or new or
additional appropriations of moneys but the bond issue
authorizations herein contained shall be construed only as
continuations of bond issues authorized by prior laws herein
repealed and reenacted, and the appropriations of moneys
herein contained are continued herein for historical purposes
only and this act shall not be construed as a reappropriation
thereof and no appropriation contained herein shall be
deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the
[Title 43 RCW—page 595]
43.950.010
Title 43 RCW: State Government—Executive
original enactment. [1965 c 8 § 43.198.010. Formerly
RCW 43.198.010.]
43.950.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1965 c 8 § 43.198.020. Formerly
RCW 43.198.020.]
43.950.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1965 c 8 §
43.198.030. Formerly RCW 43.198.030.]
43.950.040 Repeals and saving. See 1965 c 8 §
43.198.040. Formerly RCW 43.198.040.
[Title 43 RCW—page 596]
(2002 Ed.)
Title 44
STATE GOVERNMENT—LEGISLATIVE
Chapters
44.04
44.05
44.07D
44.16
44.20
44.28
44.39
44.40
44.44
44.48
44.52
44.68
General provisions.
Washington State Redistricting Act.
Legislative districts and apportionment.
Legislative inquiry.
Session laws.
Joint legislative audit and review committee.
Joint committee on energy supply.
Legislative transportation committee—Senate
and house transportation committees.
Office of state actuary—Joint committee on
pension policy.
Legislative evaluation and accountability
program committee.
Legislative committee on economic development.
Joint legislative systems committee.
Adjournments: State Constitution Art. 2 § 11.
Administrative rules, review by rules review committee of the legislature:
RCW 34.05.610 through 34.05.660.
Annual and special sessions: State Constitution Art. 2 § 12.
Apportionment: State Constitution Art. 22.
Attorney general, legal adviser for legislature: RCW 43.10.030.
Bills
drafting service maintained by code reviser: RCW 1.08.027.
origin and amendment: State Constitution Art. 2 § 20.
passage, requirements for: State Constitution Art. 2 § 22.
printing of bills by public printer: RCW 43.78.030.
private interest in: State Constitution Art. 2 § 30.
style: State Constitution Art. 2 § 18.
time for introduction of: State Constitution Art. 2 § 36.
to embrace one subject: State Constitution Art. 2 § 19.
Bribery or corrupt solicitation of legislators: State Constitution Art. 2 § 30.
Campaign financing, disclosure of: Chapter 42.17 RCW.
Census, to provide for: State Constitution Art. 2 § 3.
Commission on uniform legislation: Chapter 43.56 RCW.
Compelling attendance: State Constitution Art. 2 § 8.
Compensation of members
amount of: RCW 43.03.010.
appointees to office of state legislator: RCW 43.03.015.
extra compensation prohibited: State Constitution Art. 2 § 25.
how determined: State Constitution Art. 28 § 1.
Compensation of state officers, legislature to determine: State Constitution
Art. 28 § 1.
Composition: State Constitution Art. 2 § 2.
Constitutional provisions relating to legislature: State Constitution Art. 2.
Contempt of legislature, how punished: State Constitution Art. 2 § 9.
Contested elections of state elective officers, legislature to decide: State
Constitution Art. 3 § 4.
Continuity of government act: Chapter 42.14 RCW.
Council for the prevention of child abuse and neglect, legislators as ex
officio members: RCW 43.121.020.
Counties
government, legislature to provide for: State Constitution Art. 11 § 4.
officers, legislature to provide for and fix compensation: State Constitution Art. 11 § 5; Art. 11 § 8.
(2002 Ed.)
Crimes relating to legislature: Chapter 9.55 RCW.
Elections
certification to legislature of returns: RCW 43.07.030.
judges of own election and qualifications: State Constitution Art. 2 § 8.
officers of legislature: State Constitution Art. 2 § 10.
qualifications of legislators: State Constitution Art. 2 § 7.
registration laws, legislature to enact: State Constitution Art. 6 § 7.
representatives: State Constitution Art. 2 § 4.
secrecy of voting, legislature to provide for: State Constitution Art. 6 §
6.
senators: State Constitution Art. 2 § 6.
time for holding: State Constitution Art. 2 § 5.
voice vote required: State Constitution Art. 2 § 27.
Ethics in public service act: Chapter 42.52 RCW.
Expulsion of member: State Constitution Art. 2 § 9.
Extraordinary sessions convened by governor: State Constitution Art. 3 §
7.
Financial disclosure by members: Chapter 42.17 RCW.
Fiscal notes on legislation: Chapter 43.88A RCW.
Free transportation prohibited: State Constitution Art. 2 § 39; Art. 12 §
20.
Freedom of debate: State Constitution Art. 2 § 17.
Governor-elect, appropriation for office and staff: RCW 43.06.055.
Governor’s message to legislature: State Constitution Art. 3 § 6.
Harbor line commission, legislature shall provide for: State Constitution
Art. 15 § 1.
Health professions, legislation regulating: Chapter 18.120 RCW.
Homestead and other property exemptions of families, legislature to protect:
State Constitution Art. 19 § 1.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Immunity of members from arrest: State Constitution Art. 2 § 16.
Impeachment: State Constitution Art. 5 §§ 1, 2.
Initiative and referendum: State Constitution Art. 2 § 1; chapter 29.79
RCW.
Joint administrative rules review committee: RCW 34.05.610 through
34.05.681.
Journals
distribution of copies: RCW 40.04.090.
each house to keep: State Constitution Art. 2 § 11.
entry of vote upon: State Constitution Art. 2 § 21.
public printer to print and bind: RCW 43.78.030.
secretary of state as custodian: RCW 43.07.040.
Judiciary
inferior courts, legislature to prescribe jurisdiction and powers of: State
Constitution Art. 4 § 12.
justices of the peace, number, powers, duties and jurisdiction to be fixed
by legislature: State Constitution Art. 4 § 10.
publication of supreme court opinions to be provided for by legislature:
State Constitution Art. 4 § 21.
supreme court judges, legislature may increase number: State Constitution Art. 4 § 2.
Legislation
effective date: State Constitution Art. 2 § 41.
how signed: State Constitution Art. 2 § 32.
limitation of amendments: State Constitution Art. 2 § 38.
secretary of state custodian of acts, resolutions and journals: RCW
43.07.040.
section amended must be set forth in full: State Constitution Art. 2 § 37.
[Title 44 RCW—page 1]
Title 44
Title 44 RCW: State Government—Legislative
special legislation prohibited: State Constitution Art. 2 § 28.
time limitation for introduction: State Constitution Art. 2 § 36.
veto: State Constitution Art. 3 § 12.
Legislative district chair: RCW 29.42.070.
Legislators as retired state employees for insurance purposes: RCW
41.05.080.
Legislature
community college bonds, legislature may provide additional means for
payment of principal and interest on: RCW 28B.50.400.
studies on environmental problems by director of ecology: RCW
43.21A.130.
workers’ compensation, joint committee: See note following RCW
51.04.110.
Limitations on holding other public office: State Constitution Art. 2 §§ 13,
14.
Local government redistricting: Chapter 29.70 RCW.
Medicine and surgery, legislature to enact laws to regulate: State Constitution Art. 20 § 2.
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
Mileage: State Constitution Art. 2 § 23; RCW 43.03.010.
Militia, legislature to provide for: State Constitution Art. 10 § 2.
Misconduct of public officers: Chapter 42.20 RCW.
Municipal corporations
combined city and county, legislature to provide for: State Constitution
Art. 11 § 16.
incorporation, provisions for to be provided by legislature: State
Constitution Art. 11 § 10.
limitation on power of legislature to levy taxes upon: State Constitution
Art. 11 § 12.
local improvement by special assessments, legislature may provide: State
Constitution Art. 7 § 9.
Navigable waters, right to lease land for wharves, docks, etc., legislature
to provide laws for: State Constitution Art. 15 § 2.
Private interest of legislator in bill: State Constitution Art. 2 § 30.
Privilege from arrest: State Constitution Art. 2 § 16.
Qualifications of legislators: State Constitution Art. 2 § 7.
Quorum: State Constitution Art. 2 § 8.
Reapportionment: State Constitution Art. 2 § 3.
Recall: State Constitution Art. 1 §§ 33, 34; chapter 29.82 RCW.
Records of legislature kept by secretary of state: State Constitution Art. 3
§ 17.
Reprieves, commutations, and pardons, governor to report to legislature:
State Constitution Art. 3 § 11.
Revised Code of Washington, legislators to receive copies of: RCW
1.08.070.
Salaries: RCW 43.03.010.
Schools, legislature to provide for: State Constitution Art. 9 § 2.
Session laws
delivery of copies for use of legislature: RCW 40.04.040.
public printer to print and bind: RCW 43.78.030.
secretary of state as custodian of acts and resolutions: RCW 43.07.040.
Sessions, time for meeting, duration: State Constitution Art. 2 § 12.
Soldiers’ home, legislature to provide for: State Constitution Art. 10 § 3.
Special sessions convened by legislature or governor: State Constitution
Art. 2 § 12, Art. 3 § 7.
State participation within student exchange compact programs—Board to
advise legislature: RCW 28B.80.170.
Statute law committee, legislative membership on: RCW 1.08.001.
Taxation
deficiencies, legislature may provide for tax to pay: State Constitution
Art. 7 § 8.
limitation on legislature to tax municipal corporations: State Constitution
Art. 11 § 12.
limitations on state expenditures: Chapter 43.135 RCW.
Transportation, department of, study reports available to legislators upon
request: RCW 47.01.145.
[Title 44 RCW—page 2]
Vacancies
acceptance of federal office vacates seat: State Constitution Art. 2 § 14.
how filled: State Constitution Art. 2 § 15.
term of person elected to fill: RCW 42.12.030.
Veto: State Constitution Art. 3 § 12.
Washington scholars’ program, participation in: RCW 28A.600.010
through 28A.600.150.
Chapter 44.04
GENERAL PROVISIONS
Sections
44.04.010
44.04.015
44.04.021
44.04.040
44.04.041
44.04.050
44.04.051
44.04.060
44.04.070
44.04.090
44.04.100
44.04.120
44.04.125
44.04.130
44.04.140
44.04.170
44.04.180
44.04.190
Date of regular sessions.
Term limits.
Commencement of terms of office.
Vouchers for pay and mileage of members—Warrants.
Warrants for pay and mileage of members—Payment of.
Vouchers for pay of employees—Warrants.
Warrants for pay of employees—Payment of.
Vouchers for incidental expenses—Warrants.
Warrants for incidental expenses—Payment of.
Warrants for subsistence and lodging.
Contest of election—Depositions.
Members’ allowances when engaged in legislative business.
Allowances of members-elect when attending meetings.
Members’ insurance coverage during aircraft flights.
Security and protection of legislature—State patrol.
Information from municipal associations.
Legislative records—Preservation.
Fiscal impact of proposed legislation on political subdivisions—Fiscal notes.
44.04.200 References to regular session of the legislature.
44.04.210 Gender-neutral terms.
44.04.220 Legislative children’s oversight committee.
44.04.230 Teachers’ insurance benefits—Reimbursement.
44.04.240 Teachers’ insurance benefits—Payment of warrants.
44.04.250 Surplus computer equipment—Donation to schools.
44.04.260 Legislative committees—Oversight.
Cashing checks, drafts, and state warrants for state officers and employees:
RCW 43.08.180.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Eligibility of member of legislature to appointment or election to office of
official whose salary was increased during legislator’s term: RCW
3.58.010.
Emoluments of office for appointees to office of state legislator: RCW
43.03.015.
Studies and adoption of classifications for school district budgets—
Publication: RCW 28A.300.060.
44.04.010 Date of regular sessions. Regular sessions
of the legislature shall be held annually, commencing on the
second Monday of January. [1980 c 87 § 27; 1979 ex.s. c
48 § 1; 1891 c 20 § 1; RRS § 8177.]
Effective date—1979 ex.s. c 48: "This 1979 act shall take effect on
January 1, 1980, if the proposed amendment to Article II, section 12 of the
state Constitution by Substitute Senate Joint Resolution No. 110, providing
for annual sessions of the legislature, is validly submitted and is approved
and ratified by the voters at a general election held in November, 1979. If
the proposed amendment is not so approved and ratified, this 1979 act shall
be null and void in its entirety." [1979 ex.s. c 48 § 2.] "This 1979 act"
refers to the amendment to RCW 44.04.010 by 1979 ex.s. c 48. Substitute
Senate Joint Resolution No. 110 was approved and ratified by the people at
the November 6, 1979, general election.
Regular and special sessions: State Constitution, Art. 2 § 12.
44.04.015 Term limits. (1) No person is eligible to
appear on the ballot or file a declaration of candidacy for the
(2002 Ed.)
General Provisions
house of representatives of the legislature who, by the end
of the then current term of office will have served, or but for
resignation would have served, as a member of the house of
representatives of the legislature during six of the previous
twelve years.
(2) No person is eligible to appear on the ballot or file
a declaration of candidacy for the senate of the legislature
who, by the end of the then current term of office will have
served, or but for resignation would have served, as a
member of the senate of the legislature during eight of the
previous fourteen years.
(3) No person is eligible to appear on the ballot or file
a declaration of candidacy for the legislature who has served
as a member of the legislature for fourteen of the previous
twenty years. [1993 c 1 § 3 (Initiative Measure No. 573,
approved November 3, 1992).]
Preamble—Severability—1993 c 1 (Initiative Measure No. 573):
See notes following RCW 43.01.015.
44.04.021 Commencement of terms of office. The
regular term of office of each senator and representative
shall commence on the second Monday in January following
the date of election. [1987 c 13 § 1; 1981 c 288 § 68.
Formerly RCW 44.07B.870.]
44.04.040 Vouchers for pay and mileage of members—Warrants. The chief clerk of the house of representatives and the secretary of the senate are hereby directed to
prepare vouchers for the state treasurer for the mileage and
daily pay of members of the legislature on presentation of
certificates showing amounts due for miles traveled and
services rendered to dates specified. The certificates shall be
signed by the speaker or president, and countersigned by the
chief clerk or secretary, respectively, of the body to which
the members belong. The state treasurer shall issue warrants
which shall be in favor of and payable to the order of the
persons named in said certificates. [1973 c 106 § 17; 1890
p 6 § 1; RRS § 8150.]
Annual salary: RCW 43.03.010.
Mileage allowance: State Constitution Art. 2 § 23; RCW 43.03.010.
44.04.041 Warrants for pay and mileage of members—Payment of. Upon presentation of a warrant drawn
as provided for in RCW 44.04.040, to the state treasurer, that
officer shall pay the same out of any money in the treasury
of the state appropriated for the expenses of the legislature
of the state of Washington: PROVIDED, That should there
be no money in the state treasury covered by such appropriation, the state treasurer shall indorse such fact on the warrant
presented, and said warrant shall draw interest from the date
of such presentation and indorsement, and shall be payable
thereafter in the manner provided by existing law and
custom. [1890 p 6 § 2; RRS § 8151. Formerly RCW
44.04.070, part.]
44.04.050 Vouchers for pay of employees—
Warrants. The chief clerk of the house of representatives
and the secretary of the senate shall prepare vouchers for the
state treasurer for sums covering amounts due officers and
employees of the legislature on presentation of certificates
signed by the speaker or president, and countersigned by the
(2002 Ed.)
44.04.015
chief clerk or secretary of the body in which the service of
the officer or employee is rendered, and showing amounts
due to dates specified. The state treasurer shall issue
warrants which shall be drawn in favor and be made payable
to the order of the officer or employee named in each
certificate. [1973 c 106 § 18; 1890 p 3 § 1; RRS § 8148.]
44.04.051 Warrants for pay of employees—Payment
of. Upon presentation to the state treasurer of a warrant
drawn as provided for in RCW 44.04.050, that officer shall
pay the same from any money in the state treasury appropriated for the expenses of the legislature of the state of
Washington: PROVIDED, That should there be no money
in the treasury of the state covered by such appropriation,
the state treasurer shall indorse such fact on the warrant
presented, and said warrant shall draw interest from date of
such indorsement and shall be payable thereafter as is
provided by law and custom. [1890 p 3 § 2; RRS § 8149.
Formerly RCW 44.04.070, part.]
44.04.060 Vouchers for incidental expenses—
Warrants. The chief clerk of the house of representatives
and the secretary of the senate are hereby directed to prepare
vouchers for the state treasurer for the incidental expenses of
the legislature, on presentation of certificates showing
amounts due for material furnished and services rendered to
dates specified. The certificates shall be signed by the
speaker or president, and countersigned by the sergeant-atarms, respectively, of the body ordering the expenditures.
The state treasurer shall issue warrants which shall be in
favor of and payable to the order of the persons named in
said certificates. [1973 c 106 § 19; 1890 p 10 § 1; RRS §
8152.]
44.04.070 Warrants for incidental expenses—
Payment of. Upon presentation of a warrant, drawn as
provided for in RCW 44.04.060, to the state treasurer, that
officer shall pay the same out of any money in the treasury
of the state appropriated for the expenses of the legislature
of the state of Washington: PROVIDED, That should there
be no money in the state treasury covered by such appropriation, the state treasurer shall indorse such fact on the warrant
presented, and said warrant shall draw interest from the date
of such presentation and indorsement, and shall be payable
thereafter in the manner provided by existing law and
custom. [1890 p 10 § 2; RRS § 8153. FORMER PARTS
OF SECTION: (i) 1890 p 3 § 2, now codified as RCW
44.04.051. (ii) 1890 p 6 § 2, now codified as RCW
44.04.041.]
44.04.090 Warrants for subsistence and lodging.
The state treasurer shall issue warrants for said reimbursement supported by affidavits that the reimbursement is
claimed for expenses of subsistence and lodging actually
incurred without itemization and without receipts. Such
warrants shall be immediately paid from any funds appropriated for the purpose. [1973 c 106 § 20; 1941 c 173 § 2;
Rem. Supp. 1941 § 8153-2.]
44.04.100 Contest of election—Depositions. Any
person desiring to contest the election of any member of the
[Title 44 RCW—page 3]
44.04.100
Title 44 RCW: State Government—Legislative
legislature, may, at any time after the presumptive election
of such member and before the convening of the ensuing
regular session of the legislature, have the testimony of
witnesses, to be used in support of such contest, taken and
perpetuated, by serving not less than three days’ written
notice upon the member whose election he desires to contest,
of his intention to institute such contest and that he desires
to take the testimony of certain witnesses named in such
notice, at a time and place named therein, before a notary
public duly commissioned and qualified and residing in the
county where the presumptive member resides, giving the
name of such notary public, which deposition shall be taken
in the manner provided by law for the taking of depositions
in civil actions in the superior court. The presumptive
member of the legislature, whose election is to be contested,
shall have the right to appear, in person or by counsel, at the
time and place named in the notice, and cross examine any
witness produced and have such cross examination made a
part of such deposition, and to produce witnesses and have
their depositions taken for the purpose of sustaining his
election. The notary public before whom such deposition is
taken shall transmit such depositions to the presiding officer
of the senate, or house of representatives, as the case may
be, in which said contest is to be instituted, in the care of the
secretary of state, at the state capitol, by registered mail, and
it shall be the duty of the secretary of state upon the convening of the legislature to transmit said depositions, unopened,
to the presiding officer of the senate, or the house of
representatives, as the case may be, to whom it is addressed,
and in case such contest is instituted said depositions may be
opened and read in evidence in the manner provided by law
for the opening and introduction of depositions in civil
actions in the superior court. [1927 c 205 § 1; RRS § 81621. Prior: Code 1881 §§ 3125-3139.]
Contest of elections: Chapter 29.65 RCW.
Depositions: Rules of court: CR 26 through 37.
Legislature to judge election and qualifications of members: State Constitution Art. 2 § 8.
Recall: State Constitution Art. 1 §§ 33, 34, chapter 29.82 RCW.
44.04.120 Members’ allowances when engaged in
legislative business. Each member of the senate or house
of representatives when serving on official legislative
business shall be entitled to receive, in lieu of per diem or
any other payment, for each day or major portion thereof in
which he is actually engaged in legislative business or
business of the committee, commission, or council, notwithstanding any laws to the contrary, an allowance in an
amount fixed by the secretary of the senate and chief clerk
of the house, respectively, in accordance with applicable
rules and resolutions of each body. Such allowance shall be
reasonably calculated to reimburse expenses, exclusive of
mileage, which are ordinary and necessary in the conduct of
legislative business, recognizing cost variances which are
encountered in different locales. The allowance authorized
shall not exceed the greater of forty-four dollars per day or
the maximum daily amount determined under RCW
43.03.050, as now or hereafter amended. In addition, a
mileage allowance shall be paid at the rate per mile provided
for in RCW 43.03.060, as now or hereafter amended, when
authorized by the house, committee, commission, or council
[Title 44 RCW—page 4]
of which he is a member and on the business of which he is
engaged. [1985 c 3 § 1; 1979 ex.s. c 255 § 3; 1974 ex.s. c
157 § 2; 1973 1st ex.s. c 197 § 5; 1967 ex.s. c 112 § 4;
1963 ex.s. c 7 § 1; 1959 ex.s. c 10 § 1.]
Effective date—1979 ex.s. c 255: See note following RCW
43.03.010.
44.04.125 Allowances of members-elect when
attending meetings. Each member-elect of the senate or
house of representatives who attends any meeting of the
legislature or any of its committees, upon the invitation of
the committee on rules of his or her respective house, shall
be entitled to receive per diem, mileage, and incidental
expense allowances at the rates prescribed in chapter 44.04
RCW, as now or hereafter amended. [1975 1st ex.s. c 185
§ 1.]
44.04.130 Members’ insurance coverage during
aircraft flights. See RCW 43.01.120.
44.04.140 Security and protection of legislature—
State patrol. See RCW 43.43.037.
44.04.170 Information from municipal associations.
It shall be the duty of each association of municipal corporations or municipal officers, which is recognized by law and
utilized as an official agency for the coordination of the
policies and/or administrative programs of municipal
corporations, to submit biennially, or oftener as necessary, to
the governor and to the legislature the joint recommendations
of such participating municipalities regarding changes which
would affect the efficiency of such municipal corporations.
Such associations shall include but shall not be limited to the
Washington state association of fire commissioners, a state
association of water/wastewater districts, and the Washington
state school directors’ association. [1999 c 153 § 59; 1970
ex.s. c 69 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Purpose—1970 ex.s. c 69: "It is the purpose of this act to assist the
legislature in obtaining adequate information as to the needs of its municipal
corporations and other public agencies and their recommendations for
improvements." [1970 ex.s. c 69 § 1.]
Intent—Construction—1970 ex.s. c 69: "The intent of this act is to
clarify and implement the powers of the public agencies to which it relates
and nothing herein shall be construed to impair or limit the existing powers
of any municipal corporation or association." [1970 ex.s. c 69 § 3.]
44.04.180 Legislative records—Preservation. See
RCW 40.14.100 through 40.14.180.
44.04.190 Fiscal impact of proposed legislation on
political subdivisions—Fiscal notes. See chapter 43.132
RCW.
44.04.200 References to regular session of the
legislature. After June 12, 1980, all references in the
Revised Code of Washington to a regular session of the
legislature mean a regular session during an odd- or evennumbered year unless the context clearly requires otherwise.
[1980 c 87 § 1.]
(2002 Ed.)
General Provisions
44.04.210 Gender-neutral terms. (1) All statutes,
memorials, and resolutions enacted, adopted, or amended by
the legislature after July 1, 1983, shall be written in genderneutral terms unless a specification of gender is intended.
(2) No statute, memorial, or resolution is invalid
because it does not comply with this section. [1983 c 20 §
3.]
Intent—1983 c 20: See note following RCW 43.01.160.
Number and gender in statutes: RCW 1.12.050.
44.04.220 Legislative children’s oversight committee. (1) There is created the legislative children’s oversight
committee for the purpose of monitoring and ensuring
compliance with administrative acts, relevant statutes, rules,
and policies pertaining to family and children services and
the placement, supervision, and treatment of children in the
state’s care or in state-licensed facilities or residences. The
committee shall consist of three senators and three representatives from the legislature. The senate members of the
committee shall be appointed by the president of the senate.
The house members of the committee shall be appointed by
the speaker of the house. Not more than two members from
each chamber shall be from the same political party.
Members shall be appointed before the close of each regular
session of the legislature during an odd-numbered year.
(2) The committee shall have the following powers:
(a) Selection of its officers and adopt rules for orderly
procedure;
(b) Request investigations by the ombudsman of
administrative acts;
(c) Receive reports of the ombudsman;
(d)(i) Obtain access to all relevant records in the
possession of the ombudsman, except as prohibited by law;
and (ii) make recommendations to all branches of government;
(e) Request legislation;
(f) Conduct hearings into such matters as it deems
necessary.
(3) Upon receipt of records from the ombudsman, the
committee is subject to the same confidentiality restrictions
as the ombudsman under RCW 43.06A.050. [1996 c 131 §
1.]
Effective date—1996 c 131 §§ 1-3: "Sections 1 through 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [March 21, 1996]." [1996 c 131 § 7.]
44.04.230 Teachers’ insurance benefits—
Reimbursement. The chief clerk of the house of representatives and the secretary of the senate shall prepare
vouchers for the state treasurer for sums covering amounts
due a school district for any teacher who is on a leave of
absence as a legislator, and who has chosen to continue
insurance benefits provided by the school district, in lieu of
insurance benefits provided to that legislator as a state
employee. The amount of reimbursement due the school
district is for the actual cost of continuing benefits, but may
not exceed the cost of the insurance benefits package that
would otherwise be provided through the health care
authority. [1998 c 62 § 1.]
Effective date—1998 c 62: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
(2002 Ed.)
44.04.210
government and its existing public institutions, and takes effect immediately
[March 20, 1998]." [1998 c 62 § 4.]
44.04.240 Teachers’ insurance benefits—Payment
of warrants. Upon presentation to the state treasurer of a
warrant issued by the treasurer and drawn for the purposes
under RCW 44.04.230, the treasurer shall pay the amount
necessary from appropriated funds. If sufficient funds have
not been appropriated, the treasurer shall endorse the warrant
and the warrant draws interest from the date of the endorsement until paid. [1998 c 62 § 3.]
Effective date—1998 c 62: See note following RCW 44.04.230.
44.04.250 Surplus computer equipment—Donation
to schools. The chief clerk of the house of representatives
may authorize surplus computers and computer-related
equipment owned by the house, the secretary of the senate
may authorize surplus computers and computer-related
equipment owned by the senate, and the directors of legislative agencies may authorize surplus computers and computer-related equipment owned by his or her respective agency,
to be donated to school districts and educational service
districts. This section shall not be construed to limit the
discretion of the legislature regarding disposal of its surplus
property. [1999 c 186 § 2.]
44.04.260 Legislative committees—Oversight. The
joint legislative audit and review committee, the legislative
transportation committee, the joint committee on pension
policy, the legislative evaluation and accountability program
committee, and the joint legislative systems committee are
subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations
committee of the senate and the executive rules committee
of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in
this section, "operational policies, procedures, and oversight"
includes the development process of biennial budgets,
contracting procedures, personnel policies, and compensation
plans, selection of a chief administrator, facilities, and
expenditures. This section does not grant oversight authority
to the facilities and operations committee of the senate over
any standing committee of the house of representatives or
oversight authority to the executive rules committee of the
house of representatives over any standing committee of the
senate. [2001 c 259 § 1.]
Chapter 44.05
WASHINGTON STATE REDISTRICTING ACT
Sections
44.05.010
44.05.020
44.05.030
44.05.040
44.05.050
44.05.060
44.05.070
44.05.080
44.05.090
Short title.
Definitions.
Redistricting commission—Membership—Chairperson—
Vacancies.
Oath.
Members—Persons ineligible to serve.
Members—Political activities prohibited.
Employment of personnel—Assistance of state officials—
Witness expenses—Appropriations—Compensation.
Duties.
Redistricting plan.
[Title 44 RCW—page 5]
Chapter 44.05
44.05.100
44.05.110
44.05.120
44.05.130
44.05.900
44.05.901
44.05.902
Title 44 RCW: State Government—Legislative
Submission of plan to legislature—Amendment—Effect—
Adoption by supreme court, when.
Cessation of operations—Financial statement—Official record.
Reconvening of commission to modify plan.
Challenges to plan.
Contingent effective date—1983 c 16.
Severability—1983 c 16.
Severability—1984 c 13.
44.05.010 Short title. This act may be cited as the
Washington State Redistricting Act. [1983 c 16 § 1.]
44.05.020 Definitions. The definitions set forth in this
section apply throughout this chapter, unless the context
requires otherwise.
(1) "Chief election officer" means the secretary of state.
(2) "Federal census" means the decennial census
required by federal law to be prepared by the United States
bureau of the census in each year ending in zero.
(3) "Lobbyist" means an individual required to register
with the Washington public disclosure commission pursuant
to RCW 42.17.150.
(4) "Plan" means a plan for legislative and congressional
redistricting mandated by Article II, section 43 of the state
Constitution. [1983 c 16 § 2.]
44.05.030 Redistricting commission—Membership—
Chairperson—Vacancies. A redistricting commission shall
be established in January of each year ending in one to
accomplish state legislative and congressional redistricting.
The five-member commission shall be appointed as follows:
(1) Each legislative leader of the two largest political
parties in each house of the legislature shall appoint one
voting member to the commission by January 15th of each
year ending in one.
(2) The four legislators appointing commission members
pursuant to this section shall certify their appointments to the
chief election officer. If an appointing legislator does not
certify an appointment by January 15th of each year ending
in one, within five days the supreme court shall certify an
appointment to the chief election officer.
(3) No later than January 31st of the year of their
selection, the four appointed members, by an affirmative
vote of at least three, shall appoint and certify to the chief
election officer the nonvoting fifth member who shall act as
the commission’s chairperson. If by January 31st of the year
of their selection three of the four voting members fail to
elect a chairperson, the supreme court shall within five days
certify an appointment to the chief election officer. A
vacancy on the commission shall be filled by the person who
made the initial appointment, or their successor, within
fifteen days after the vacancy occurs. [1984 c 13 § 1; 1983
c 16 § 3.]
44.05.040 Oath. Before serving on the commission
every person shall take and subscribe an oath to faithfully
perform the duties of that office. The oath shall be filed in
the office of the secretary of state. [1983 c 16 § 4.]
44.05.050 Members—Persons ineligible to serve.
No person may serve on the commission who:
[Title 44 RCW—page 6]
(1) Is not a registered voter of the state at the time of
selection; or
(2) Is or has within one year prior to selection been a
registered lobbyist; or
(3) Is or has within two years prior to selection been an
elected official or elected legislative district, county, or state
party officer. The provisions of this subsection do not apply
to the office of precinct committeeperson. [1984 c 13 § 2;
1983 c 16 § 5.]
44.05.060 Members—Political activities prohibited.
No member of the commission may:
(1) Campaign for elective office while a member of the
commission;
(2) Actively participate in or contribute to any political
campaign of any candidate for state or federal elective office
while a member of the commission; or
(3) Hold or campaign for a seat in the state house of
representatives, the state senate, or congress for two years
after the effective date of the plan. [1984 c 13 § 3; 1983 c
16 § 6.]
44.05.070 Employment of personnel—Assistance of
state officials—Witness expenses—Appropriations—
Compensation. (1) The commission may employ the services of experts, consultants, and support staff, including
attorneys not employed by the attorney general, as necessary
to carry out its duties pursuant to this chapter.
(2) The chief election officer, the treasurer, and the
attorney general shall make available to the commission such
personnel, facilities, and other assistance as the commission
may reasonably request. The chief election officer shall be
the official recipient of all provisional and preliminary
census data and maps, and shall forward such data and maps,
upon request, to the commission.
(3) The commission, upon written request by a witness
and subject to rules promulgated by the commission, may
reimburse witnesses for their necessary expenses incurred in
appearing before the commission.
(4) The legislature shall appropriate funds to enable the
commission to carry out its duties. Members shall receive
one hundred dollars of compensation for each day spent in
the performance of their duties. Compensation of employees
shall be determined by the commission. The provisions of
RCW 43.03.050 and 43.03.060 shall apply to both the
members and the employees of the commission. [1983 c 16
§ 7.]
44.05.080 Duties. In addition to other duties prescribed by law, the commission shall:
(1) Adopt rules pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to carry out the provisions of
Article II, section 43 of the state Constitution and of this
chapter, which rules shall provide that three voting members
of the commission constitute a quorum to do business, and
that the votes of three of the voting members are required
for any official action of the commission;
(2) Act as the legislature’s recipient of the final redistricting data and maps from the United States Bureau of the
Census;
(2002 Ed.)
Washington State Redistricting Act
(3) Comply with requirements to disclose and preserve
public records as specified in chapters 40.14 and 42.17
RCW;
(4) Hold open meetings pursuant to the open public
meetings act, chapter 42.30 RCW;
(5) Prepare and disclose its minutes pursuant to RCW
42.32.030;
(6) Be subject to the provisions of RCW 42.17.240;
(7) Prepare and publish a report with the plan; the report
will be made available to the public at the time the plan is
published. The report will include but will not be limited to:
(a) The population and percentage deviation from the
average district population for every district; (b) an explanation of the criteria used in developing the plan with a justification of any deviation in a district from the average
district population; (c) a map of all the districts; and (d) the
estimated cost incurred by the counties for adjusting precinct
boundaries. [1983 c 16 § 8.]
44.05.090 Redistricting plan. In the redistricting
plan:
(1) Districts shall have a population as nearly equal as
is practicable, excluding nonresident military personnel,
based on the population reported in the federal decennial
census.
(2) To the extent consistent with subsection (1) of this
section the commission plan should, insofar as practical,
accomplish the following:
(a) District lines should be drawn so as to coincide with
the boundaries of local political subdivisions and areas
recognized as communities of interest. The number of
counties and municipalities divided among more than one
district should be as small as possible;
(b) Districts should be composed of convenient, contiguous, and compact territory. Land areas may be deemed
contiguous if they share a common land border or are
connected by a ferry, highway, bridge, or tunnel. Areas
separated by geographical boundaries or artificial barriers
that prevent transportation within a district should not be
deemed contiguous; and
(c) Whenever practicable, a precinct shall be wholly
within a single legislative district.
(3) The commission’s plan and any plan adopted by the
supreme court under RCW 44.05.100(4) shall provide for
forty-nine legislative districts.
(4) The house of representatives shall consist of ninetyeight members, two of whom shall be elected from and run
at large within each legislative district. The senate shall
consist of forty-nine members, one of whom shall be elected
from each legislative district.
(5) The commission shall exercise its powers to provide
fair and effective representation and to encourage electoral
competition. The commission’s plan shall not be drawn
purposely to favor or discriminate against any political party
or group. [1990 c 126 § 1; 1983 c 16 § 9.]
44.05.100 Submission of plan to legislature—
Amendment—Effect—Adoption by supreme court, when.
(1) Upon approval of a redistricting plan by three of the
voting members of the commission, but not later than
(2002 Ed.)
44.05.080
January 1st of the year ending in two, the commission shall
submit the plan to the legislature.
(2) After submission of the plan by the commission, the
legislature shall have the next thirty days during any regular
or special session to amend the commission’s plan. If the
legislature amends the commission’s plan the legislature’s
amendment must be approved by an affirmative vote in each
house of two-thirds of the members elected or appointed
thereto, and may not include more than two percent of the
population of any legislative or congressional district.
(3) The plan approved by the commission, with any
amendment approved by the legislature, shall be final upon
approval of such amendment or after expiration of the time
provided for legislative amendment by subsection (2) of this
section whichever occurs first, and shall constitute the
districting law applicable to this state for legislative and
congressional elections, beginning with the next elections
held in the year ending in two. This plan shall be in force
until the effective date of the plan based upon the next succeeding federal decennial census or until a modified plan
takes effect as provided in RCW 44.05.120(6).
(4) If three of the voting members of the commission
fail to approve and submit a plan within the time limitations
provided in subsection (1) of this section, the supreme court
shall adopt a plan by March 1st of the year ending in two.
Any such plan approved by the court is final and constitutes
the districting law applicable to this state for legislative and
congressional elections, beginning with the next election held
in the year ending in two. This plan shall be in force until
the effective date of the plan based on the next succeeding
federal decennial census or until a modified plan takes effect
as provided in RCW 44.05.120(6). [2002 c 4 § 1; 1995 c 88
§ 1; 1983 c 16 § 10.]
Retroactive application—2002 c 4: "This act is remedial and
curative in nature and applies retroactively to any plan or portion of a plan
submitted to the legislature by the redistricting commission established in
2001." [2002 c 4 § 2.]
Effective date—2002 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[January 22, 2002]." [2002 c 4 § 3.]
44.05.110 Cessation of operations—Financial
statement—Official record. (1) Following the period
provided by RCW 44.05.100(1) for the commission’s
adoption of a plan, the commission shall take all necessary
steps to conclude its business and cease operations. The
commission shall prepare a financial statement disclosing all
expenditures made by the commission. The official record
shall contain all relevant information developed by the
commission pursuant to carrying out its duties under this
chapter, maps, data collected, minutes of meetings, written
communications, and other information of a similar nature.
Once the commission ceases to exist, the chief election
officer shall be the custodian of the official record for
purposes of reprecincting and election administration. The
chief election officer shall provide for the permanent
preservation of this official record pursuant to chapter 42.17
RCW and Title 40 RCW. Once the commission ceases to
exist any budget surplus shall revert to the state general
fund.
[Title 44 RCW—page 7]
44.05.110
Title 44 RCW: State Government—Legislative
(2) Except as provided in RCW 44.05.120 for a reconvened commission, the commission shall cease to exist on
July 1st of each year ending in two unless the supreme court
extends the commission’s term. [1983 c 16 § 11.]
44.05.120 Reconvening of commission to modify
plan. (1) If a commission has ceased to exist, the legislature
may, upon an affirmative vote in each house of two-thirds of
the members elected or appointed thereto, adopt legislation
reconvening the commission for the purpose of modifying
the redistricting plan.
(2) RCW 44.05.050 governs the eligibility of persons to
serve on the reconvened commission. A vacancy involving
a voting member of the reconvened commission shall be
filled by the person who made the initial appointment, or
their successor, within fifteen days after the effective date of
the legislation reconvening the commission. A vacancy
involving the nonvoting member of the commission shall be
filled by an affirmative vote of at lease [least] three of four
voting members, within fifteen days after all other vacancies
are filled or, if no other vacancies exist, within fifteen days
after the effective date of the legislation reconvening the
commission. A subsequent vacancy on a reconvened
commission shall be filled by the person or persons who
made the initial appointment, or their successor, within
fifteen days after the vacancy occurs. If any appointing
authority fails to make a required appointment within the
time limitations established by this subsection, within five
days after that date the supreme court shall make the
required appointment.
(3) The provisions of RCW 44.05.070 and 44.05.080 are
applicable if a commission is reconvened under this section.
(4) The commission shall complete the modification to
the redistricting plan as soon as possible, but no later than
sixty days after the effective date of the legislation reconvening the commission. At least three of the voting members
shall approve the modification to the redistricting plan.
(5) Following approval of a modification to the redistricting plan by the commission, the legislature has the next
thirty days during any regular or special session to amend
the commission’s modification. Any amendment by the
legislature must be approved by an affirmative vote in each
house of two-thirds of the members elected or appointed
thereto. No amendment by the legislature may include more
than two percent of the population of any legislative or
congressional district contained in the commission’s modification.
(6) The commission’s modification to the redistricting
plan, with any amendments approved by the legislature, shall
be final upon approval of the amendments or after expiration
of the time provided for legislative amendment by subsection
(5) of this section, whichever occurs first.
(7) Following the period provided by subsection (4) of
this section for the commission’s approval of a modification
to the redistricting plan, the commission shall take all
necessary steps to conclude its business and cease operations
in accordance with RCW 44.05.110(1). A reconvened
commission shall cease to exist ninety days after the effective date of the legislation reconvening the commission,
unless the supreme court extends the commission’s term.
[1983 c 16 § 12.]
[Title 44 RCW—page 8]
44.05.130 Challenges to plan. After the plan takes
effect as provided in RCW 44.05.100, any registered voter
may file a petition with the supreme court challenging the
plan. After a modification to the redistricting plan takes
effect as provided in RCW 44.05.120, any registered voter
may file a petition with the supreme court challenging the
amended plan. The court may consolidate any or all
petitions and shall give all such petitions precedence over all
other matters. [1983 c 16 § 13.]
44.05.900 Contingent effective date—1983 c 16.
This act shall take effect if the proposed amendment to
Article II of the state Constitution establishing a commission
for state legislative and congressional redistricting is validly
submitted to and is approved and ratified by the voters at a
general election held in November, 1983. If the proposed
amendment is not so approved and ratified, this act shall be
null and void in its entirety. [1983 c 16 § 18.]
Reviser’s note: Senate Joint Resolution No. 103, requiring redistricting commissions and plans, was approved by the voters November 8, 1983,
and is codified as Article II, section 43 of the state Constitution.
44.05.901 Severability—1983 c 16. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 16 § 17.]
44.05.902 Severability—1984 c 13. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 13 § 5.]
Chapter 44.07D
LEGISLATIVE DISTRICTS
AND APPORTIONMENT
Reviser’s note: The following material represents the legislative
portion of the redistricting plan filed with the legislature by the Washington
State Redistricting Commission on December 17, 2001, and as amended by
Senate Concurrent Resolution 8429 and Senate Concurrent Resolution 8430
under RCW 44.05.100. For United States congressional districts, see
chapter 29.69C RCW.
WASHINGTON STATE REDISTRICTING COMMISSION
REDISTRICTING PLAN
A PLAN Relating to the redistricting of state legislative districts.
BE IT APPROVED BY THE REDISTRICTING COMMISSION OF THE
STATE OF WASHINGTON:
Sec. 1. It is the intent of the commission to redistrict the congressional and legislative districts of the state of Washington in accordance with
the Constitution and laws of the United States and the state of Washington.
Sec. 2. The definitions set forth in RCW 44.05.020 apply throughout
this plan, unless the context requires otherwise.
Sec. 3. In every case the population of the legislative districts
described by this plan has been ascertained on the basis of the total number
of persons found inhabiting such areas as of April 1, 2000, in accordance
with the 2000 federal decennial census data submitted pursuant to P.L. 94171.
(2002 Ed.)
Legislative Districts and Apportionment
Sec. 4. (a) Any area not specifically included within the boundaries of any of the districts as described in this plan and that is completely
surrounded by a particular district, shall be a part of that district. Any such
area not completely surrounded by a particular district shall be a part of the
district having the smallest number of inhabitants and having territory
contiguous to such area.
(b) Any area described in this plan as specifically embraced in two or
more noninclusive districts shall be a part of the adjacent district having the
smallest number of inhabitants and shall not be a part of the other district
or districts.
(c) Any area specifically mentioned as embraced within a district but
separated from such district by one or more other districts, shall be assigned
as though it had not been included in any district specifically described.
(d) The 2000 United States federal decennial census data submitted
pursuant to P.L. 94-171 shall be used for determining the number of
inhabitants under this plan.
Sec. 5. For purposes of this plan, districts shall be described in terms
of:
(1) Official United States census bureau tracts, block groups, or
blocks, established by the United States bureau of the census in the 2000
federal decennial census;
(2) Counties, municipalities, or other political subdivisions as they
existed on January 1, 2000;
(3) Any natural or artificial boundaries or monuments including but
not limited to rivers, streams, or lakes as they existed on January 1, 2000;
(4) Roads, streets, or highways as they existed on January 1, 2000.
Sec. 6. Pursuant to RCW 44.05.090(4) and Article II, section 43 of
the state Constitution, the territory of the state shall be divided into fortynine legislative districts. Two members of the house of representatives shall
be elected from and run at large within each legislative district. One
member of the senate shall be elected from each legislative district.
Sec. 7. The legislative districts described by this plan shall be those
recorded electronically as "JOINTSUB-L-03", maintained in computer files
and designated as FINAL-LEG-2001, which are public records of the
commission. As soon as practicable after approval and submission of this
plan to the legislature, the commission shall publish "FINAL-LEG-2001".
Sec. 8. The commission intends that existing law shall continue to
govern such matters as the terms and dates of election for members of the
senate to be elected from each district, the status of "hold-over" senators,
and the elections to fill vacancies, when required, provided that districts
referred to in existing law and designated by number shall refer to districts
of the same number described in this plan, beginning with the next elections
in 2002.
Sec. 9. This commission intends that this plan supersede the district
boundaries established by chapter 44.07C RCW.
Sec. 10. If any provision of this plan or its application to any person
or circumstance is held invalid, the remainder of the plan or its application
to other persons or circumstances is not affected.
District 1: King County (Part) - Tracts: 218.03, 218.04, 220.01, King
County (Part) - Block Groups Tract 218.02; Block Group 1, King County
(Part) - Blocks: Tract 217.00; Block 2000, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2011, Block 2012, Block 2013,
Block 2014, Block 4000, Block 4001, Block 4002, Block 4022,
Tract 218.02; Block 2000, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 3013, Tract 219.05;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1011, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2006, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3008, Block 3009,
Block 3010, Block 3014, Block 3015, Block 3016, Tract 219.06;
Block 1010, Tract 221.02; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 4005,
Tract 222.02; Block 1001, Snohomish County (Part) - Tracts: 511.00,
512.00, 513.00, 519.11, 519.12, 519.13, 519.14, 519.15, 519.16, 519.17,
519.18, 519.19, 521.07, Snohomish County (Part) - Block Groups
Tract 417.02; Block Group 2, Tract 417.02; Block Group 3, Tract 418.04;
(2002 Ed.)
Chapter 44.07D
Block Group 1, Tract 518.01; Block Group 2, Tract 518.01; Block Group 3,
Tract 518.02; Block Group 2, Tract 519.05; Block Group 3, Tract 519.05;
Block Group 7, Tract 519.09; Block Group 1, Tract 519.09; Block Group 2,
Tract 519.09; Block Group 3, Tract 519.09; Block Group 4, Tract 519.20;
Block Group 2, Tract 519.20; Block Group 3, Tract 519.20; Block Group 4,
Tract 519.20; Block Group 5, Tract 521.08; Block Group 2, Tract 521.12;
Block Group 5, Tract 521.12; Block Group 6, Tract 521.13; Block Group 3,
Snohomish County (Part) - Blocks: Tract 417.02; Block 1002, Block 1003,
Block 1004, Block 1005, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 5015, Block 5016, Block 5019,
Block 5020, Block 5021, Tract 418.04; Block 3000, Block 3001,
Block 3002, Block 3003, Block 4003, Block 4004, Tract 509.00;
Block 1006, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2009, Block 2998, Block 2999,
Tract 510.00; Block 2000, Block 2010, Block 2011, Block 2998,
Block 2999, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3999, Tract 518.01; Block 1000, Tract 519.05; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1008, Block 1009, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2006, Block 2007, Block 2008, Block 2009, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4022, Block 4023, Block 4024,
Tract 519.09; Block 5000, Block 5001, Block 5002, Block 5003,
Block 5005, Block 5006, Block 5007, Block 5008, Block 5009,
Tract 519.20; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Tract 521.08; Block 1002,
Block 1003, Block 1004, Block 1005, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Tract 521.11;
Block 1001, Block 1002, Block 1003, Tract 521.12; Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4016, Tract 521.13; Block 2010.
District 2: Pierce County (Part) - Tracts: 704.02, 714.03, 714.07,
714.09, 714.10, 714.11, 730.01, 730.05, 730.06, 731.09, 731.13, 731.14,
731.15, 731.16, 731.17, 731.18, 731.19, 732.00, Pierce County (Part) Block Groups Tract 701.00; Block Group 3, Tract 714.06; Block Group 1,
Tract 714.06; Block Group 2, Tract 714.08; Block Group 2, Tract 714.08;
Block Group 3, Tract 714.08; Block Group 4, Tract 729.04; Block Group 2,
Tract 731.08; Block Group 2, Pierce County (Part) - Blocks: Tract 701.00;
Block 1074, Block 1075, Block 1076, Block 1077, Block 1088, Block 1090,
Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108,
Block 1109, Block 1110, Block 1111, Block 1112, Block 1113, Block 1114,
Block 1115, Block 1116, Block 1117, Block 1118, Block 1119, Block 1120,
Block 1121, Block 1122, Block 1123, Block 1124, Block 1125, Block 1126,
Block 1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1399,
Block 1400, Block 1401, Block 1402, Block 1403, Block 1404, Block 1405,
Block 1407, Block 1408, Block 1409, Block 1410, Block 1411, Block 1412,
Block 1413, Block 1414, Block 1415, Block 1994, Block 1995, Block 2001,
Block 2004, Block 2005, Block 2006, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2999, Tract 702.03; Block 1001, Block 1002,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1999, Tract 702.06; Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1038, Block 1039,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Tract 704.01; Block 2009,
Block 2010, Tract 713.08; Block 2012, Block 2013, Block 2014,
Block 2017, Block 2018, Tract 714.06; Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020,
Block 3021, Block 3022, Block 3023, Tract 714.08; Block 1001,
Block 1002, Block 1003, Tract 729.01; Block 1007, Tract 729.04;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
[Title 44 RCW—page 9]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1028,
Block 1029, Block 1030, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1999, Tract 731.08; Block 1000, Block 1001, Block 1002,
Block 1012, Block 1013, Block 1014, Block 1015, Tract 731.10;
Block 1001, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1016, Block 1017,
Block 2000, Block 2001, Block 2002, Tract 731.12; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Thurston County (Part) - Tracts: 123.20, 124.10, Thurston
County (Part) - Block Groups Tract 123.10; Block Group 1, Tract 125.00;
Block Group 2, Tract 125.00; Block Group 3, Tract 125.00; Block Group 5,
Tract 125.00; Block Group 6, Thurston County (Part) - Blocks:
Tract 123.10; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2012, Block 2013, Block 2015, Block 2016,
Tract 123.30; Block 1008, Tract 124.20; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2027, Block 2029, Block 2030, Block 2031,
Block 2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037,
Tract 125.00; Block 1000, Block 1001, Block 1002, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1022, Block 1023, Block 1024, Block 1050, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4011, Block 4015, Block 4016,
Block 4018, Block 4019, Block 4020, Block 4076, Block 4077, Block 4078,
Block 4079, Block 4080, Block 4081, Block 4122, Block 4123, Block 4124,
Block 4125, Block 4126, Block 4127, Block 4129, Block 4130, Block 4131,
Block 4132, Block 4133, Block 4134, Block 4135, Block 4136, Block 4137,
Block 4138, Block 4139, Block 4140, Block 4141, Block 4142, Block 4143,
Block 4144, Block 4145, Block 4146, Block 4147, Block 4148, Block 4149,
Block 4150, Block 4151, Block 4152, Block 4153, Block 4154, Block 4155,
Block 4156, Block 4157, Block 4178, Block 4179, Block 4180, Block 4181,
Block 4185, Block 4186, Block 4187.
District 3: Spokane County (Part) - Tracts: 1.00, 2.00, 3.00, 4.00,
5.00, 6.00, 12.00, 13.00, 14.00, 15.00, 16.00, 18.00, 19.00, 20.00, 21.00,
23.00, 24.00, 25.00, 26.00, 28.00, 29.00, 30.00, 31.00, 32.00, 33.00, 35.00,
41.00, Spokane County (Part) - Block Groups Tract 10.00; Block Group 3,
Tract 10.00; Block Group 4, Tract 10.00; Block Group 5, Tract 17.00;
Block Group 2, Tract 17.00; Block Group 3, Tract 36.00; Block Group 1,
Tract 36.00; Block Group 3, Tract 36.00; Block Group 4, Tract 40.00;
Block Group 1, Tract 40.00; Block Group 2, Tract 40.00; Block Group 5,
Tract 46.01; Block Group 1, Tract 46.02; Block Group 2, Tract 46.02;
Block Group 3, Spokane County (Part) - Blocks: Tract 10.00; Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 6031, Block 6039,
Block 6040, Block 6041, Block 6042, Block 6043, Block 6044, Tract 11.00;
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Tract 17.00; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Tract 36.00; Block 2999, Tract 40.00; Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4011, Block 4012,
Block 4013, Block 4014, Block 4017, Block 4018, Block 4019, Tract 42.00;
[Title 44 RCW—page 10]
Block 6000, Block 6001, Block 6002, Block 6003, Block 6004, Tract 45.00;
Block 1002, Block 1003, Block 1004, Block 3000, Block 3001, Block 3002,
Block 3007, Block 3015, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4011, Block 4012, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Tract 46.01; Block 2000,
Block 2001, Block 2002, Block 2004, Block 2008, Block 2009, Block 2010,
Tract 46.02; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Tract 47.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2026, Block 2027, Block 2031,
Block 2032, Block 2033, Block 2034, Tract 106.01; Block 1017,
Tract 112.01; Block 2022, Tract 112.02; Block 4022, Block 4033,
Tract 134.01; Block 1002, Block 1007.
District 4: Spokane County (Part) - Tracts: 101.00, 102.01, 113.00,
114.00, 115.00, 116.00, 117.00, 118.00, 119.00, 120.00, 121.00, 122.00,
124.01, 125.00, 126.00, 127.01, 127.02, 128.01, 128.02, 129.01, 129.02,
130.00, 132.01, Spokane County (Part) - Block Groups Tract 102.02; Block
Group 3, Tract 123.00; Block Group 1, Tract 123.00; Block Group 2,
Tract 123.00; Block Group 4, Tract 124.02; Block Group 3, Tract 131.00;
Block Group 1, Tract 131.00; Block Group 2, Tract 131.00; Block Group 3,
Tract 131.00; Block Group 4, Tract 132.02; Block Group 3, Spokane
County (Part) - Blocks: Tract 17.00; Block 1000, Block 1008, Block 1009,
Block 1010, Tract 102.02; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1009, Block 1010,
Block 1016, Block 1017, Block 1018, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2025, Block 2026,
Tract 103.04; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1062, Block 1063, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Tract 103.05; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2041, Block 2042,
Block 2043, Block 2046, Tract 112.01; Block 2000, Block 2024,
Block 2025, Block 2026, Tract 112.02; Block 3000, Block 3018,
Block 3019, Block 3020, Block 3021, Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block 4028,
Block 4029, Block 4030, Block 4031, Block 4032, Tract 123.00;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3025, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Tract 124.02; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Tract 131.00; Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block 5009,
Block 5010, Tract 132.02; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1999, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
(2002 Ed.)
Legislative Districts and Apportionment
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2999.
District 5: King County (Part) - Tracts: 319.04, 319.06, 320.02,
320.03, 320.08, 320.09, 321.02, 322.03, 322.07, 322.08, 322.09, 322.10,
322.11, 322.12, 326.02, 327.03, 327.04, King County (Part) - Block Groups
Tract 316.02; Block Group 1, Tract 316.02; Block Group 3, Tract 316.02;
Block Group 4, Tract 316.02; Block Group 5, Tract 319.07; Block Group 3,
Tract 319.07; Block Group 5, Tract 320.07; Block Group 1, Tract 320.07;
Block Group 3, Tract 321.03; Block Group 2, Tract 321.03; Block Group 3,
Tract 321.03; Block Group 4, Tract 321.04; Block Group 2, Tract 321.04;
Block Group 4, Tract 323.16; Block Group 3, Tract 323.17; Block Group 1,
Tract 323.17; Block Group 2, Tract 323.17; Block Group 3, Tract 323.17;
Block Group 4, Tract 323.17; Block Group 5, Tract 323.18; Block Group 2,
Tract 323.18; Block Group 3, Tract 323.18; Block Group 4, Tract 326.01;
Block Group 1, Tract 327.02; Block Group 1, Tract 327.02; Block Group 2,
Tract 327.02; Block Group 3, Tract 327.02; Block Group 4, Tract 327.02;
Block Group 6, King County (Part) - Blocks: Tract 234.02; Block 1007,
Block 1008, Block 1010, Block 1011, Block 1998, Tract 257.02;
Block 2000, Block 2001, Block 2007, Block 2008, Block 2009, Block 2010,
Tract 315.01; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1031, Block 1032, Block 1033, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2073, Block 2074, Tract 315.02; Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block 1089, Block 1090,
Block 1091, Block 1092, Block 1093, Block 1096, Block 1106, Block 1107,
Block 1108, Block 1109, Block 1110, Block 1111, Block 1112, Block 1113,
Block 1114, Block 1115, Block 1119, Block 1120, Block 1121, Block 1533,
Block 1534, Block 1535, Block 1998, Block 1999, Tract 316.03;
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1008,
Block 1009, Block 1010, Block 1011, Tract 317.02; Block 1000,
Block 1001, Block 1002, Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5011, Block 5012,
Tract 317.03; Block 2000, Block 2001, Block 2002, Tract 318.00;
Block 1000, Block 1011, Block 1012, Block 1013, Block 2000, Block 2001,
Block 2002, Block 2005, Block 2006, Block 2007, Block 3000, Block 3001,
Block 3002, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Tract 319.03; Block 3004, Tract 319.07; Block 1000,
Block 1001, Block 1003, Block 4000, Tract 320.05; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1013, Tract 320.06;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2031,
Block 2032, Block 2033, Tract 320.07; Block 2000, Block 2001,
Block 2002, Block 2018, Block 2998, Tract 321.03; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Tract 321.04; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1012, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Tract 323.15; Block 2015, Tract 323.16; Block 1010, Block 1011,
Block 1012, Block 1013, Block 1997, Block 1998, Block 1999,
Tract 323.18; Block 1013, Block 1015, Block 1016, Tract 325.00;
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2995, Block 2996, Block 2997,
Tract 326.01; Block 2000, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2012,
(2002 Ed.)
Chapter 44.07D
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2999, Tract 327.02; Block 5000, Block 5001, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5012, Block 5013, Block 5014,
Block 5015, Block 5016, Block 5017, Block 5018, Block 5019, Block 5020,
Block 5021, Block 5022, Block 5023, Block 5024, Block 5025, Block 5026,
Block 5027, Block 5028, Block 5029, Block 5030, Block 5031, Block 5032,
Block 5033, Block 5034, Block 5035, Block 5036, Block 5037, Block 5038,
Block 5039, Block 5040, Block 5041, Block 5042, Block 5043, Block 5044,
Block 5045, Block 5046, Block 5047, Block 5048, Block 5049, Block 5050,
Block 5051, Block 5052, Block 5053, Block 5054, Block 5055, Block 5056,
Block 5057, Block 5058, Block 5059, Block 5060, Block 5061, Block 5062,
Block 5063, Block 5064, Block 5065, Block 5066, Block 5067, Block 5068,
Block 5069, Block 5070, Block 5071, Block 5072, Block 5073, Block 5074,
Block 5075, Block 5076, Block 5077, Block 5078, Block 5079, Block 5080,
Block 5081, Block 5082, Block 5083, Block 5084, Block 5085, Block 5086,
Block 5087, Block 5088, Block 5089, Block 5090, Block 5091, Block 5092,
Block 5093, Block 5094, Block 5095, Block 5096, Block 5097, Block 5098,
Block 5099, Block 5100, Block 5101, Block 5102, Block 5103, Block 5104,
Block 5105, Block 5106, Block 5107, Block 5108, Block 5109, Block 5110,
Block 5111, Block 5112, Block 5113, Block 5114, Block 5115, Block 5116,
Block 5117, Block 5118, Block 5119, Block 5120, Block 5121, Block 5122,
Block 5123, Block 5124, Block 5125, Block 5126, Block 5127, Block 5128,
Block 5129, Block 5130, Block 5131, Block 5132, Block 5133, Block 5134,
Block 5135, Block 5136, Block 5137, Block 5138, Block 5139, Block 5140,
Block 5141, Block 5142, Block 5143, Block 5144, Block 5145, Block 5146,
Block 5147, Block 5148, Block 5149, Block 5150, Block 5151, Block 5152,
Block 5153, Block 5154, Block 5155, Block 5156, Block 5157, Block 5158,
Block 5159, Block 5160, Block 5161, Block 5162, Block 5163, Block 5164,
Block 5165, Block 5166, Block 5184, Block 5185, Block 5994, Block 5995,
Block 5996, Block 5997, Block 5998, Block 5999, Tract 328.00;
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1010, Block 1011, Block 1012, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074,
Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block 1086,
Block 1087, Block 1088, Block 1996, Block 1997, Block 1998, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2046, Block 2047,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
Block 2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059,
Block 2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2065,
Block 2066, Block 2067, Block 2068, Block 2069, Block 2070, Block 2071,
Block 2072, Block 2079, Block 2080, Block 2081, Block 2082, Block 2083,
Block 2084, Block 2085, Block 2086, Block 2087, Block 2088, Block 2089,
Block 2090, Block 2091, Block 2092, Block 2093, Block 2094, Block 2095,
Block 2096, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101,
Block 2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107,
Block 2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2997, Block 2998, Block 2999, Block 3092, Block 3093, Block 3094,
Block 3095, Block 3096, Block 3097, Block 3098, Block 3099, Block 3100,
Block 3101, Block 3102, Block 3103, Block 3104, Block 3105, Block 3106,
Block 3107, Block 3108, Block 3109, Block 3110, Block 3111, Block 3112,
Block 3113, Block 3114, Block 3118, Block 3123, Block 3124, Block 3192,
Block 3193, Block 3194, Block 3195, Block 3196, Block 3197, Block 3198,
Block 3199, Block 3200, Block 3201, Block 3202, Block 3203, Block 3204,
Block 3205, Block 3990, Block 3995.
[Title 44 RCW—page 11]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
District 6: Spokane County (Part) - Tracts: 7.00, 8.00, 9.00, 38.00,
39.00, 43.00, 44.00, 48.00, 49.00, 105.01, 105.04, 106.02, 107.00, 108.00,
109.00, 110.00, 111.01, 111.02, 136.00, 137.00, Spokane County (Part) Block Groups Tract 10.00; Block Group 1, Tract 10.00; Block Group 7,
Tract 11.00; Block Group 2, Tract 42.00; Block Group 1, Tract 42.00;
Block Group 2, Tract 42.00; Block Group 3, Tract 42.00; Block Group 4,
Tract 42.00; Block Group 5, Tract 45.00; Block Group 2, Tract 47.00;
Block Group 3, Tract 47.00; Block Group 4, Tract 105.03; Block Group 1,
Tract 105.03; Block Group 2, Tract 106.01; Block Group 2, Tract 112.01;
Block Group 1, Tract 112.02; Block Group 1, Tract 112.02; Block Group 2,
Spokane County (Part) - Blocks: Tract 10.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 6000, Block 6001, Block 6002, Block 6003, Block 6004,
Block 6005, Block 6006, Block 6007, Block 6008, Block 6009, Block 6010,
Block 6011, Block 6012, Block 6013, Block 6014, Block 6015, Block 6016,
Block 6017, Block 6018, Block 6019, Block 6020, Block 6021, Block 6022,
Block 6023, Block 6024, Block 6025, Block 6026, Block 6027, Block 6028,
Block 6029, Block 6030, Block 6032, Block 6033, Block 6034, Block 6035,
Block 6036, Block 6037, Block 6038, Tract 11.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Tract 36.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2996, Block 2997, Block 2998,
Tract 40.00; Block 3007, Block 3008, Block 3009, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4015, Block 4016, Block 4020,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Tract 42.00; Block 6005,
Block 6006, Block 6007, Block 6008, Block 6009, Block 6010, Block 6011,
Block 6012, Block 6013, Block 6014, Block 6015, Block 6016, Block 6017,
Block 6018, Block 6019, Block 6020, Tract 45.00; Block 1000, Block 1001,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1999, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4013, Block 4014, Tract 46.01; Block 2003,
Block 2005, Block 2006, Block 2007, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Tract 46.02; Block 1016, Tract 47.00; Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1020, Block 1021, Block 1022,
Block 1023, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2028, Block 2029, Block 2030, Tract 50.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1020,
Block 1021, Block 1022, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Tract 102.02; Block 1007, Block 1008, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 2024, Tract 103.05;
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 2052, Block 2053,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2068, Block 2069, Block 2070, Tract 104.02;
Block 2000, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2092,
Block 2093, Block 2094, Block 2095, Block 2096, Tract 105.03;
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3997, Block 3998, Block 3999, Tract 106.01; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1999,
Tract 112.01; Block 2001, Block 2002, Block 2003, Block 2004,
[Title 44 RCW—page 12]
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2023,
Tract 112.02; Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 4021, Tract 123.00; Block 3024, Block 3026,
Tract 133.00; Block 1004, Block 1006, Tract 134.01; Block 1000,
Block 1001, Block 1003, Block 1004, Block 1005, Block 1006, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2022, Block 2023, Block 2028,
Block 2029, Block 2030, Tract 135.00; Block 1040, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2012, Block 2013,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Tract 141.00;
Block 2003.
District 7: Ferry County, Lincoln County, Okanogan County (Part) Tracts: 9703.00, 9704.00, Okanogan County (Part) - Block Groups
Tract 9701.00; Block Group 1, Tract 9705.00; Block Group 1,
Tract 9706.00; Block Group 1, Tract 9706.00; Block Group 2,
Tract 9706.00; Block Group 3, Tract 9706.00; Block Group 5,
Tract 9707.00; Block Group 3, Okanogan County (Part) - Blocks:
Tract 9701.00; Block 2048, Block 2049, Tract 9702.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block 1089, Block 1090,
Block 1091, Block 1092, Block 1093, Block 1094, Block 1095, Block 1096,
Block 1097, Block 1098, Block 1099, Block 1100, Block 1101, Block 1102,
Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108,
Block 1109, Block 1110, Block 1111, Block 1112, Block 1113, Block 1114,
Block 1115, Block 1116, Block 1117, Block 1118, Block 1119, Block 1120,
Block 1121, Block 1122, Block 1123, Block 1124, Block 1125, Block 1126,
Block 1138, Block 1139, Block 1140, Block 1178, Block 1179, Block 1180,
Block 1181, Block 1182, Block 1183, Block 1184, Block 1185, Block 1186,
Block 1187, Block 1188, Block 1189, Block 1190, Block 1191, Block 1192,
Block 1193, Block 1194, Block 1195, Block 1196, Block 1197, Block 1198,
Block 1199, Block 1200, Block 1205, Block 1230, Block 1231, Block 1232,
Block 1233, Block 1234, Block 1235, Block 1236, Block 1237, Block 1238,
Block 1239, Block 1240, Block 1241, Block 1242, Block 1243, Block 1247,
Block 1248, Block 1275, Block 1276, Block 1277, Block 1278, Block 1279,
Block 1280, Block 1281, Block 1310, Block 1311, Block 1312, Block 1322,
Block 1383, Block 1384, Block 1385, Block 1386, Block 1387, Block 1388,
Block 1389, Block 1390, Block 1391, Block 1998, Block 1999, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block 2065, Block 2066,
Block 2067, Block 2068, Block 2071, Block 2072, Block 2086, Block 2088,
Block 2089, Block 2090, Block 2091, Block 2092, Block 2093, Block 2995,
Block 2996, Block 2997, Block 2998, Block 2999, Block 3018, Block 3019,
(2002 Ed.)
Legislative Districts and Apportionment
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3151, Block 3152, Block 3153, Block 3996,
Block 3997, Block 3998, Block 3999, Tract 9705.00; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036,
Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042,
Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048,
Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054,
Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block 3060,
Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block 3066,
Block 3067, Block 3068, Block 3069, Block 3070, Block 3071, Block 3072,
Block 3073, Block 3074, Block 3075, Block 3076, Block 3077, Block 3078,
Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block 3084,
Block 3085, Block 3086, Block 3087, Block 3088, Block 3089, Block 3090,
Block 3091, Block 3092, Block 3093, Block 3094, Block 3095, Block 3096,
Block 3097, Block 3098, Block 3099, Block 3100, Block 3101, Block 3102,
Block 3103, Block 3104, Block 3105, Block 3106, Block 3107, Block 3108,
Block 3109, Block 3110, Block 3111, Block 3112, Block 3113, Block 3114,
Block 3115, Block 3116, Block 3117, Block 3118, Block 3119, Block 3120,
Block 3121, Block 3122, Block 3123, Block 3124, Block 3125, Block 3126,
Block 3127, Block 3128, Block 3129, Block 3130, Block 3131, Block 3132,
Block 3133, Block 3134, Block 3135, Block 3136, Block 3137, Block 3138,
Block 3139, Block 3140, Block 3141, Block 3142, Block 3143, Block 3144,
Block 3145, Block 3146, Block 3147, Block 3148, Block 3149, Block 3150,
Block 3154, Block 3993, Block 3994, Block 3995, Block 3996, Block 3997,
Block 3998, Block 3999, Tract 9706.00; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4021, Block 4022, Block 4023,
Block 4024, Block 4025, Block 4026, Block 4027, Block 4034, Block 6000,
Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block 6006,
Block 6007, Block 6008, Block 6009, Block 6010, Block 6011, Block 6012,
Block 6013, Block 6014, Block 6015, Block 6016, Block 6017, Block 6018,
Block 6019, Block 6020, Block 6021, Block 6022, Block 6023, Block 6024,
Block 6025, Block 6026, Block 6027, Block 6028, Block 6029, Block 6030,
Block 6031, Block 6032, Block 6033, Block 6034, Block 6035, Block 6036,
Block 6037, Block 6038, Block 6039, Block 6040, Block 6041, Block 6042,
Block 6043, Block 6044, Block 6045, Block 6046, Block 6047, Block 6048,
Block 6049, Block 6996, Block 6997, Block 6998, Block 6999,
Tract 9707.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1998, Block 1999, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2027, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4010, Block 4011, Block 4012, Pend
Oreille County, Spokane County (Part) - Tracts: 103.01, 103.03, 104.01,
138.00, Spokane County (Part) - Block Groups Tract 103.04; Block
Group 3, Tract 104.02; Block Group 1, Tract 104.02; Block Group 3, Spokane County (Part) - Blocks: Tract 103.04; Block 1007, Block 1008,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
(2002 Ed.)
Chapter 44.07D
Block 1061, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2041, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block 2074, Block 2075,
Block 2076, Block 2077, Block 2078, Block 2079, Block 2998, Block 2999,
Tract 103.05; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2044, Block 2045, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2065, Block 2066, Block 2067, Block 2071, Block 2072,
Block 2073, Block 2074, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Tract 104.02; Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block 2065, Block 2066,
Block 2067, Block 2068, Block 2069, Block 2070, Block 2071, Block 2072,
Block 2073, Block 2074, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Block 2081, Block 2082, Block 2083, Block 2084,
Block 2085, Block 2086, Block 2087, Block 2088, Block 2089, Block 2090,
Block 2091, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101,
Block 2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107,
Block 2108, Block 2109, Block 2110, Block 2111, Tract 105.03;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3010,
Tract 139.00; Block 3000, Block 3001, Tract 141.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1016, Block 1017,
Block 1018, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Block 3051, Block 3052, Block 3053,
Block 3054, Block 3055, Block 3056, Block 3057, Block 3058, Block 3059,
Block 3060, Block 3061, Block 3062, Block 3063, Block 3064, Block 3065,
Block 3066, Block 3067, Block 3068, Block 3069, Block 3070, Block 3071,
Block 3072, Block 3998, Block 3999, Stevens County.
District 8: Benton County (Part) - Tracts: 101.00, 102.01, 102.02,
103.00, 104.00, 105.00, 106.00, 107.00, 108.03, 108.04, 109.01, 109.02,
110.01, 110.02, 111.00, 117.00, 119.00, 120.00, Benton County (Part) Block Groups Tract 108.01; Block Group 1, Tract 108.01; Block Group 2,
Tract 108.01; Block Group 3, Tract 112.00; Block Group 1, Tract 112.00;
Block Group 2, Tract 112.00; Block Group 3, Tract 112.00; Block Group 4,
Tract 112.00; Block Group 5, Tract 114.01; Block Group 1, Tract 115.02;
Block Group 1, Tract 115.02; Block Group 2, Tract 115.02; Block Group 4,
Tract 115.02; Block Group 5, Tract 118.00; Block Group 1, Tract 118.00;
Block Group 2, Tract 118.00; Block Group 3, Benton County (Part) Blocks: Tract 108.01; Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4020, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block 4029, Block 4030,
Block 4031, Block 4032, Block 4033, Block 4034, Block 4035, Block 4036,
Block 4037, Block 4038, Block 4039, Block 4040, Block 4041, Block 4042,
Block 4043, Block 4044, Block 4045, Block 4046, Block 4047, Block 4048,
Block 4055, Block 4056, Block 4057, Block 4058, Block 4059, Block 4060,
Block 4061, Block 5000, Block 5001, Block 5002, Block 5003, Block 5004,
Block 5005, Block 5006, Block 5007, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017,
[Title 44 RCW—page 13]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023,
Block 5024, Block 5025, Block 5026, Block 5027, Block 5028, Block 5029,
Block 5030, Block 5034, Block 5035, Block 5036, Block 5037, Block 5038,
Block 5039, Block 5040, Block 5041, Block 5042, Block 5043, Block 5044,
Block 5051, Block 5077, Block 5130, Block 5131, Block 5132, Block 5133,
Block 5134, Block 5135, Block 5136, Block 5137, Block 5138, Block 5139,
Block 5140, Block 5141, Block 5142, Block 5143, Block 5144, Block 5145,
Block 5146, Block 5147, Block 5148, Block 5149, Block 5150,
Tract 112.00; Block 6001, Block 6002, Block 6003, Tract 113.00;
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1998,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2044,
Tract 115.02; Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Tract 118.00; Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4014,
Block 4020, Block 4021, Block 4024, Block 4025, Block 4026, Block 4027,
Block 4028, Block 4029, Block 4030, Block 4031, Block 4032, Block 4033,
Block 4037, Block 4038, Block 4039, Block 4048, Block 4049, Block 4050,
Block 4051, Block 4053, Block 4054, Block 4055, Block 4056, Block 4057,
Block 4058, Block 4059, Block 4060, Block 4061, Block 4062, Block 4063,
Block 4064, Block 4065, Block 4066, Block 4067, Block 4994, Block 4995,
Block 4996, Block 4997, Block 4998, Block 4999.
District 9: Adams County, Asotin County, Franklin County (Part) Tracts: 208.00, Franklin County (Part) - Block Groups Tract 207.00; Block
Group 1, Franklin County (Part) - Blocks: Tract 206.01; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1996,
Block 1997, Block 1998, Block 1999, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 2061, Block 2062,
Block 2063, Block 2064, Block 2065, Block 2066, Block 2067, Block 2068,
Block 2069, Block 2070, Block 2071, Block 2072, Block 2073, Block 2074,
Block 2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080,
Block 2081, Block 2082, Block 2083, Block 2084, Block 2085, Block 2086,
Block 2087, Block 2088, Block 2089, Block 2090, Block 2091, Block 2092,
Block 2096, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101,
Block 2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107,
Block 2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2114, Block 2115, Block 2116, Block 2117, Block 2118, Block 2119,
[Title 44 RCW—page 14]
Block 2125, Block 2126, Block 2127, Block 2128, Block 2998, Block 2999,
Tract 207.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2050, Block 2996, Block 2998,
Block 2999, Garfield County, Spokane County (Part) - Tracts: 140.01,
140.02, 142.00, 143.00, Spokane County (Part) - Block Groups
Tract 133.00; Block Group 2, Tract 135.00; Block Group 3, Tract 139.00;
Block Group 1, Tract 139.00; Block Group 2, Tract 139.00; Block Group 4,
Spokane County (Part) - Blocks: Tract 50.00; Block 1018, Block 1019,
Block 2000, Block 2001, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Tract 124.02; Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Tract 131.00; Block 5011, Tract 132.02;
Block 1005, Block 2022, Block 2023, Block 2024, Block 2025,
Tract 133.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1005, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053,
Block 1054, Block 1055, Block 1056, Block 1057, Block 1058, Block 1059,
Block 1060, Block 1061, Block 1062, Tract 134.01; Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 2021, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Tract 135.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1041, Block 1042, Block 1043,
Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 2011, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Tract 139.00; Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block 3051,
Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block 3057,
Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block 3063,
Block 3064, Block 3065, Block 3066, Block 3067, Block 3068, Block 3069,
Block 3070, Block 3071, Block 3072, Block 3073, Block 3074, Block 3075,
Block 3076, Block 3077, Block 3078, Block 3079, Block 3080, Block 3081,
Block 3082, Block 3083, Block 3084, Block 3085, Block 3086, Block 3999,
Tract 141.00; Block 1006, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1998, Block 1999, Block 2000, Block 2001, Block 2002, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
(2002 Ed.)
Legislative Districts and Apportionment
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block 2058,
Block 2059, Block 2060, Block 2061, Block 2062, Block 3029, Whitman
County.
District 10: Island County, Skagit County (Part) - Tracts: 9521.00,
Skagit County (Part) - Block Groups Tract 9502.00; Block Group 3,
Tract 9520.00; Block Group 1, Tract 9526.00; Block Group 3,
Tract 9527.00; Block Group 2, Tract 9527.00; Block Group 3, Skagit
County (Part) - Blocks: Tract 9501.00; Block 2086, Block 2087,
Block 2088, Block 2089, Block 2093, Block 2094, Block 2095, Block 2096,
Tract 9502.00; Block 1037, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2995, Block 2996,
Block 2997, Block 2998, Block 2999, Tract 9504.00; Block 2028,
Tract 9508.00; Block 3026, Block 3030, Tract 9512.00; Block 1348,
Block 1349, Tract 9516.00; Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3031, Block 3032,
Block 3033, Block 3034, Block 3035, Block 3036, Block 3037, Block 3047,
Block 3048, Block 3049, Tract 9518.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 2019, Block 2020, Block 2024,
Tract 9519.00; Block 1037, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2998, Block 2999,
Tract 9520.00; Block 2007, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031,
Block 2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037,
Block 2038, Block 2039, Block 2040, Block 2041, Block 2042, Block 2043,
Block 2044, Block 2045, Block 2046, Block 2047, Block 2048, Block 2049,
Block 2050, Block 2051, Block 2986, Block 2987, Block 2988, Block 2989,
Block 2990, Block 2991, Block 2992, Block 2993, Block 2994, Block 2995,
Tract 9524.00; Block 4006, Block 4007, Tract 9525.00; Block 4021,
Tract 9526.00; Block 1002, Block 1003, Block 1997, Block 2000,
Block 2001, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2997, Block 2998, Block 4000, Block 4001, Block 4002, Block 4004,
Block 4034, Tract 9527.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1070, Block 1071, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1076, Block 1077, Block 1996, Block 1997, Block 1998, Block 1999,
Snohomish County (Part) - Tracts: 531.01, 531.02, 532.01, 532.02, 533.01,
533.02, Snohomish County (Part) - Blocks: Tract 528.03; Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1023, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2012, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4010, Tract 528.04; Block 3000, Tract 534.00;
(2002 Ed.)
Chapter 44.07D
Block 1000, Block 1001, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2023, Block 2026, Block 2027, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Tract 535.03; Block 4029, Block 6001, Block 6002, Block 6003,
Block 6004, Block 6005, Block 6006, Block 6007, Block 6008, Block 6009,
Block 6010, Block 6011, Block 6012, Block 6013, Block 6014.
District 11: King County (Part) - Tracts: 109.00, 254.00, 255.00,
257.01, 258.01, 258.03, 258.04, 270.00, 271.00, 272.00, 273.00, 274.00,
282.00, King County (Part) - Block Groups Tract 93.00; Block Group 3,
Tract 104.00; Block Group 3, Tract 104.00; Block Group 4, Tract 104.00;
Block Group 5, Tract 104.00; Block Group 6, Tract 104.00; Block Group 7,
Tract 110.00; Block Group 3, Tract 110.00; Block Group 4, Tract 112.00;
Block Group 3, Tract 253.00; Block Group 4, Tract 256.00; Block Group 2,
Tract 257.02; Block Group 1, Tract 257.02; Block Group 3, Tract 257.02;
Block Group 4, Tract 257.02; Block Group 5, Tract 262.00; Block Group 2,
Tract 262.00; Block Group 3, Tract 262.00; Block Group 4, Tract 263.00;
Block Group 2, Tract 264.00; Block Group 1, Tract 264.00; Block Group 2,
Tract 264.00; Block Group 3, Tract 264.00; Block Group 5, Tract 268.01;
Block Group 1, Tract 268.01; Block Group 2, Tract 268.02; Block Group 3,
Tract 269.00; Block Group 1, Tract 275.00; Block Group 1, Tract 275.00;
Block Group 2, Tract 293.03; Block Group 1, Tract 293.03; Block Group 2,
Tract 293.05; Block Group 3, Tract 319.07; Block Group 2, Tract 319.08;
Block Group 3, King County (Part) - Blocks: Tract 93.00; Block 2043,
Block 2044, Block 2045, Block 2046, Block 2047, Block 2048, Block 2049,
Block 2050, Block 2051, Tract 100.00; Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4022, Block 4023, Block 5017, Block 5020, Block 5021,
Block 7006, Block 7007, Block 7008, Block 7009, Block 7010, Block 7011,
Block 7012, Block 7017, Block 7018, Block 7019, Block 7020,
Tract 104.00; Block 2003, Block 2005, Block 2012, Block 2013,
Block 8011, Block 8012, Block 8013, Block 8014, Block 8015, Block 8016,
Block 8017, Tract 110.00; Block 1004, Block 1005, Block 1006,
Block 2003, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5013, Block 5014, Block 5015, Tract 112.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2996, Block 2997, Block 2998,
Block 2999, Tract 117.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2012, Block 2013, Block 2014, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3006, Tract 119.00;
Block 4011, Block 4012, Tract 251.01; Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 2003,
Block 2004, Tract 251.02; Block 2002, Block 2003, Block 2012,
Block 2013, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Tract 252.00; Block 2011, Block 2012, Block 3006,
Block 3007, Block 3008, Tract 253.00; Block 3058, Block 3059,
Block 3060, Block 3061, Block 3062, Block 3063, Block 5022, Block 5023,
Block 5024, Block 5026, Block 5027, Block 5028, Block 5029, Block 5030,
Block 5031, Block 5032, Block 5033, Block 5034, Block 5035, Block 5036,
Block 5037, Tract 256.00; Block 1000, Block 3001, Block 3002,
Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020,
Tract 257.02; Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Tract 260.02; Block 1018, Block 1019, Block 1020,
Block 1027, Block 1028, Block 1029, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Tract 261.00; Block 1009,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 4021, Block 5003, Block 5004, Block 5005, Block 5006,
[Title 44 RCW—page 15]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 5007, Block 5008, Block 5010, Tract 262.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1087, Block 1088, Block 1089, Block 1090, Block 1091,
Block 1092, Block 1093, Block 1094, Block 1095, Block 1096, Block 1097,
Block 1098, Block 1099, Block 1100, Block 1101, Block 1102, Block 1103,
Block 1104, Block 1105, Block 1106, Block 1107, Block 1108, Block 1109,
Block 1110, Block 1111, Block 1112, Block 1113, Block 1114, Block 1115,
Block 1116, Block 1117, Block 1118, Block 1119, Block 1120, Block 1121,
Block 1122, Block 1123, Block 1124, Block 1996, Block 1997, Block 1998,
Block 1999, Tract 263.00; Block 1017, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1998,
Block 1999, Tract 264.00; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4009,
Block 4010, Block 4011, Block 4012, Tract 268.02; Block 2000,
Block 2003, Block 4005, Tract 269.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2008, Block 2009,
Tract 275.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3011, Block 4000, Block 4001, Block 4002, Block 4005,
Block 4007, Block 4012, Block 4013, Block 5000, Block 5001, Block 5004,
Block 5009, Block 5010, Tract 281.00; Block 1000, Block 1003,
Block 2000, Tract 283.00; Block 1000, Block 1001, Block 1003,
Block 1004, Block 1005, Block 1007, Block 2000, Block 2002, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3008,
Block 3012, Block 3019, Tract 288.02; Block 4000, Tract 292.01;
Block 4000, Block 4001, Block 4002, Block 4003, Tract 293.03;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3021, Tract 293.04; Block 1003,
Block 1004, Block 1005, Tract 293.05; Block 1000, Block 1002,
Block 4000, Block 4001, Tract 319.08; Block 1001, Block 1002,
Block 4001, Block 4002, Block 4003.
District 12: Chelan County, Douglas County, Grant County (Part) Block Groups Tract 9801.00; Block Group 1, Tract 9801.00; Block
Group 2, Tract 9801.00; Block Group 4, Grant County (Part) - Blocks:
Tract 9801.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block 3051,
Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block 3057,
Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block 3063,
Block 3064, Block 3065, Block 3066, Block 3067, Block 3068, Block 3069,
Block 3070, Block 3071, Block 3072, Block 3073, Block 3074, Block 3075,
Block 3076, Block 3077, Block 3078, Block 3079, Block 3080, Block 3081,
Block 3082, Block 3083, Block 3084, Block 3085, Block 3086, Block 3087,
Block 3088, Block 3089, Block 3090, Block 3091, Block 3092, Block 3093,
Block 3094, Block 3095, Block 3096, Block 3097, Block 3098, Block 3099,
Block 3100, Block 3101, Block 3102, Block 3103, Block 3104, Block 3105,
Block 3106, Block 3107, Block 3108, Block 3109, Block 3110, Block 3111,
Block 3112, Block 3113, Block 3114, Block 3115, Block 3116, Block 3117,
Block 3118, Block 3119, Block 3120, Block 3121, Block 3122, Block 3123,
Block 3124, Block 3125, Block 3126, Block 3127, Block 3128, Block 3129,
Block 3130, Block 3131, Block 3132, Block 3133, Block 3134, Block 3135,
Block 3136, Block 3137, Block 3138, Block 3139, Block 3140, Block 3141,
Block 3142, Block 3143, Block 3144, Block 3145, Block 3146, Block 3147,
[Title 44 RCW—page 16]
Block 3148, Block 3149, Block 3150, Block 3151, Block 3152, Block 3153,
Block 3154, Block 3155, Block 3156, Block 3157, Block 3158, Block 3159,
Block 3160, Block 3161, Block 3162, Block 3163, Block 3164, Block 3165,
Block 3166, Block 3167, Block 3168, Block 3169, Block 3170, Block 3171,
Block 3172, Block 3173, Block 3174, Block 3175, Block 3176, Block 3177,
Block 3178, Block 3179, Block 3180, Block 3181, Block 3182, Block 3183,
Block 3184, Block 3185, Block 3186, Block 3187, Block 3188, Block 3189,
Block 3190, Block 3191, Block 3192, Block 3193, Block 3194, Block 3195,
Block 3196, Block 3197, Block 3198, Block 3199, Block 3200, Block 3201,
Block 3202, Block 3203, Block 3204, Block 3205, Block 3206, Block 3207,
Block 3208, Block 3209, Block 3210, Block 3211, Block 3212, Block 3213,
Block 3214, Block 3215, Block 3216, Block 3217, Block 3218, Block 3219,
Block 3220, Block 3221, Block 3222, Block 3223, Block 3224, Block 3225,
Block 3226, Block 3227, Block 3228, Block 3229, Block 3230, Block 3231,
Block 3232, Block 3233, Block 3234, Block 3235, Block 3236, Block 3237,
Block 3238, Block 3239, Block 3240, Block 3241, Block 3242, Block 3243,
Block 3244, Block 3245, Block 3246, Block 3247, Block 3248, Block 3249,
Block 3250, Block 3251, Block 3252, Block 3253, Block 3254, Block 3255,
Block 3256, Block 3257, Block 3258, Block 3259, Block 3260, Block 3261,
Block 3262, Block 3263, Block 3264, Block 3265, Block 3266, Block 3267,
Block 3268, Block 3269, Block 3270, Block 3271, Block 3272, Block 3273,
Block 3274, Block 3275, Block 3276, Block 3277, Block 3278, Block 3279,
Block 3280, Block 3281, Block 3282, Block 3283, Block 3284, Block 3285,
Block 3286, Block 3287, Block 3288, Block 3289, Block 3290, Block 3291,
Block 3292, Block 3293, Block 3294, Block 3295, Block 3296, Block 3297,
Block 3298, Block 3299, Block 3300, Block 3301, Block 3302, Block 3303,
Block 3304, Block 3305, Block 3306, Block 3307, Block 3308, Block 3309,
Block 3311, Block 3312, Block 3313, Block 3314, Block 3315, Block 3316,
Block 3317, Block 3318, Block 3319, Block 3320, Block 3321, Block 3322,
Block 3323, Block 3324, Block 3325, Block 3326, Block 3327, Block 3328,
Block 3329, Block 3330, Block 3331, Block 3332, Block 3333, Block 3334,
Block 3335, Block 3336, Block 3337, Block 3338, Block 3339, Block 3340,
Block 3341, Block 3342, Block 3343, Block 3344, Block 3345, Block 3346,
Block 3347, Block 3348, Block 3349, Block 3350, Block 3351, Block 3352,
Block 3353, Block 3354, Block 3355, Block 3356, Block 3357, Block 3358,
Block 3359, Block 3360, Block 3361, Block 3362, Block 3363, Block 3364,
Block 3365, Block 3366, Block 3367, Block 3368, Block 3369, Block 3370,
Block 3371, Block 3372, Block 3373, Block 3374, Block 3375, Block 3376,
Block 3377, Block 3983, Block 3984, Block 3985, Block 3986, Block 3987,
Block 3988, Block 3989, Block 3990, Block 3991, Block 3992, Block 3993,
Block 3994, Block 3995, Block 3996, Block 3997, Block 3998, Block 3999,
Tract 9802.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1047, Block 1048, Block 1080, Block 1081,
Block 1082, Block 1083, Block 1084, Block 1085, Block 1086, Block 1087,
Block 1088, Block 1089, Block 1090, Block 1091, Block 1092, Block 1093,
Block 1094, Block 1095, Block 1096, Block 1097, Block 1098, Block 1099,
Block 1100, Block 1215, Block 1216, Block 1217, Block 1218, Block 1219,
Block 1220, Block 1221, Block 1222, Block 1223, Block 1224, Block 1225,
Block 1226, Block 1227, Block 1228, Block 1229, Block 1230, Block 1231,
Block 1232, Block 1233, Block 1234, Block 1235, Block 1236, Block 1237,
Block 1238, Block 1239, Block 1240, Block 1241, Block 1243,
Tract 9803.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1010, Block 1011, Block 1012, Block 1014,
Block 1015, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 2000, Block 2001, Block 2048, Block 2049,
Block 2050, Block 2051, Block 2052, Block 2053, Block 2054, Block 2055,
Block 2056, Block 2057, Block 2058, Block 2059, Block 2060, Block 2061,
Block 2062, Block 2064, Block 2065, Block 2066, Block 2074, Block 2075,
Block 2077, Block 2078, Block 2079, Block 2080, Block 2081, Block 2082,
Block 2083, Block 2084, Block 2085, Block 2086, Block 2087, Block 2088,
Block 2089, Block 2090, Block 2091, Block 2092, Block 2093, Block 2094,
Block 2095, Block 2096, Block 2097, Block 2098, Block 2099, Block 2100,
Block 2101, Block 2102, Block 2103, Block 2104, Block 2105, Block 2106,
Block 2114, Block 2115, Block 2116, Block 2117, Block 2118, Block 2119,
Block 2120, Block 2121, Block 2122, Block 2123, Block 2124, Block 2125,
Block 2126, Block 2127, Block 2128, Block 2129, Block 2130, Block 2131,
Block 2132, Block 2133, Block 2134, Block 2135, Block 2136, Block 2137,
Block 2138, Block 2139, Block 2140, Block 2141, Okanogan County (Part)
- Tracts: 9708.00, 9709.00, 9710.00, Okanogan County (Part) - Block
Groups Tract 9701.00; Block Group 3, Tract 9701.00; Block Group 4,
Tract 9705.00; Block Group 2, Tract 9707.00; Block Group 5, Okanogan
(2002 Ed.)
Legislative Districts and Apportionment
County (Part) - Blocks: Tract 9701.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031,
Block 2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037,
Block 2038, Block 2039, Block 2040, Block 2041, Block 2042, Block 2043,
Block 2044, Block 2045, Block 2046, Block 2047, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block 2074, Block 2075,
Block 2076, Block 2077, Block 2078, Block 2079, Block 2080, Block 2081,
Block 2082, Block 2083, Block 2084, Block 2085, Block 2086, Block 2087,
Block 2088, Block 2089, Block 2090, Block 2091, Block 2092, Block 2093,
Block 2094, Block 2095, Block 2096, Block 2097, Block 2098, Block 2099,
Block 2100, Block 2101, Block 2102, Block 2103, Block 2104, Block 2105,
Block 2106, Block 2107, Block 2108, Block 2109, Block 2110, Block 2111,
Block 2112, Block 2113, Block 2114, Block 2115, Block 2116, Block 2117,
Block 2118, Block 2119, Block 2120, Block 2121, Block 2122, Block 2123,
Block 2124, Block 2125, Block 2126, Block 2127, Block 2128, Block 2129,
Block 2130, Block 2131, Block 2132, Block 2133, Block 2134, Block 2135,
Block 2136, Block 2993, Block 2994, Block 2995, Block 2996, Block 2997,
Block 2998, Block 2999, Tract 9702.00; Block 1127, Block 1128,
Block 1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1134,
Block 1135, Block 1136, Block 1137, Block 1141, Block 1142, Block 1143,
Block 1144, Block 1145, Block 1146, Block 1147, Block 1148, Block 1149,
Block 1150, Block 1151, Block 1152, Block 1153, Block 1154, Block 1155,
Block 1156, Block 1157, Block 1158, Block 1159, Block 1160, Block 1161,
Block 1162, Block 1163, Block 1164, Block 1165, Block 1166, Block 1167,
Block 1168, Block 1169, Block 1170, Block 1171, Block 1172, Block 1173,
Block 1174, Block 1175, Block 1176, Block 1177, Block 1201, Block 1202,
Block 1203, Block 1204, Block 1206, Block 1207, Block 1208, Block 1209,
Block 1210, Block 1211, Block 1212, Block 1213, Block 1214, Block 1215,
Block 1216, Block 1217, Block 1218, Block 1219, Block 1220, Block 1221,
Block 1222, Block 1223, Block 1224, Block 1225, Block 1226, Block 1227,
Block 1228, Block 1229, Block 1244, Block 1245, Block 1246, Block 1249,
Block 1250, Block 1251, Block 1252, Block 1253, Block 1254, Block 1255,
Block 1256, Block 1257, Block 1258, Block 1259, Block 1260, Block 1261,
Block 1262, Block 1263, Block 1264, Block 1265, Block 1266, Block 1267,
Block 1268, Block 1269, Block 1270, Block 1271, Block 1272, Block 1273,
Block 1274, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286,
Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292,
Block 1293, Block 1294, Block 1295, Block 1296, Block 1297, Block 1298,
Block 1299, Block 1300, Block 1301, Block 1302, Block 1303, Block 1304,
Block 1305, Block 1306, Block 1307, Block 1308, Block 1309, Block 1313,
Block 1314, Block 1315, Block 1316, Block 1317, Block 1318, Block 1319,
Block 1320, Block 1321, Block 1323, Block 1324, Block 1325, Block 1326,
Block 1327, Block 1328, Block 1329, Block 1330, Block 1331, Block 1332,
Block 1333, Block 1334, Block 1335, Block 1336, Block 1337, Block 1338,
Block 1339, Block 1340, Block 1341, Block 1342, Block 1343, Block 1344,
Block 1345, Block 1346, Block 1347, Block 1348, Block 1349, Block 1350,
Block 1351, Block 1352, Block 1353, Block 1354, Block 1355, Block 1356,
Block 1357, Block 1358, Block 1359, Block 1360, Block 1361, Block 1362,
Block 1363, Block 1364, Block 1365, Block 1366, Block 1367, Block 1368,
Block 1369, Block 1370, Block 1371, Block 1372, Block 1373, Block 1374,
Block 1375, Block 1376, Block 1377, Block 1378, Block 1379, Block 1380,
Block 1381, Block 1382, Block 1995, Block 1996, Block 1997, Block 2069,
Block 2070, Block 2073, Block 2074, Block 2075, Block 2076, Block 2077,
Block 2078, Block 2079, Block 2080, Block 2081, Block 2082, Block 2083,
Block 2084, Block 2085, Block 2087, Block 2094, Block 2095, Block 2096,
Block 2097, Block 2098, Block 2099, Block 2100, Block 2101, Block 2102,
Block 2103, Block 2104, Block 2994, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3040, Block 3041, Block 3042,
Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048,
Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054,
Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block 3060,
Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block 3066,
Block 3067, Block 3068, Block 3069, Block 3070, Block 3071, Block 3072,
Block 3073, Block 3074, Block 3075, Block 3076, Block 3077, Block 3078,
Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block 3084,
Block 3085, Block 3086, Block 3087, Block 3088, Block 3089, Block 3090,
Block 3091, Block 3092, Block 3093, Block 3094, Block 3095, Block 3096,
(2002 Ed.)
Chapter 44.07D
Block 3097, Block 3098, Block 3099, Block 3100, Block 3101, Block 3102,
Block 3103, Block 3104, Block 3105, Block 3106, Block 3107, Block 3108,
Block 3109, Block 3110, Block 3111, Block 3112, Block 3113, Block 3114,
Block 3115, Block 3116, Block 3117, Block 3118, Block 3119, Block 3120,
Block 3121, Block 3122, Block 3123, Block 3124, Block 3125, Block 3126,
Block 3127, Block 3128, Block 3129, Block 3130, Block 3131, Block 3132,
Block 3133, Block 3134, Block 3135, Block 3136, Block 3137, Block 3138,
Block 3139, Block 3140, Block 3141, Block 3142, Block 3143, Block 3144,
Block 3145, Block 3146, Block 3147, Block 3148, Block 3149, Block 3150,
Block 3154, Block 3155, Block 3156, Block 3157, Block 3158, Block 3159,
Block 3160, Block 3161, Block 3162, Block 3163, Block 3164, Block 3165,
Block 3166, Block 3167, Block 3168, Block 3169, Block 3170, Block 3983,
Block 3984, Block 3985, Block 3986, Block 3987, Block 3988, Block 3989,
Block 3990, Block 3991, Block 3992, Block 3993, Block 3994, Block 3995,
Tract 9705.00; Block 3151, Block 3152, Block 3153, Tract 9706.00;
Block 4007, Block 4008, Block 4009, Block 4010, Block 4028, Block 4029,
Block 4030, Block 4031, Block 4032, Block 4033, Block 6050,
Tract 9707.00; Block 1005, Block 1006, Block 1007, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2028, Block 2029, Block 2030,
Block 2031, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4021, Block 4022, Block 4023,
Block 4024, Block 4025, Block 4026, Block 4027, Block 4028, Block 4029,
Block 4030, Block 4998, Block 4999.
District 13: Grant County (Part) - Tracts: 9804.00, 9805.00, 9806.00,
9807.00, 9808.00, 9809.00, 9810.00, 9811.00, 9812.00, 9813.00, 9814.00,
Grant County (Part) - Block Groups Tract 9802.00; Block Group 2, Grant
County (Part) - Blocks: Tract 9801.00; Block 3310, Tract 9802.00;
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1045, Block 1046, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061,
Block 1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067,
Block 1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073,
Block 1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079,
Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106,
Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112,
Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118,
Block 1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124,
Block 1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130,
Block 1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136,
Block 1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142,
Block 1143, Block 1144, Block 1145, Block 1146, Block 1147, Block 1148,
Block 1149, Block 1150, Block 1151, Block 1152, Block 1153, Block 1154,
Block 1155, Block 1156, Block 1157, Block 1158, Block 1159, Block 1160,
Block 1161, Block 1162, Block 1163, Block 1164, Block 1165, Block 1166,
Block 1167, Block 1168, Block 1169, Block 1170, Block 1171, Block 1172,
Block 1173, Block 1174, Block 1175, Block 1176, Block 1177, Block 1178,
Block 1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184,
Block 1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190,
Block 1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196,
Block 1197, Block 1198, Block 1199, Block 1200, Block 1201, Block 1202,
Block 1203, Block 1204, Block 1205, Block 1206, Block 1207, Block 1208,
Block 1209, Block 1210, Block 1211, Block 1212, Block 1213, Block 1214,
Block 1242, Block 1998, Block 1999, Tract 9803.00; Block 1006,
Block 1007, Block 1008, Block 1009, Block 1013, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block 1089, Block 1090,
Block 1091, Block 1092, Block 1093, Block 1094, Block 1095, Block 1096,
Block 1097, Block 1098, Block 1099, Block 1100, Block 1101, Block 1102,
Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108,
Block 1109, Block 1110, Block 1111, Block 1112, Block 1113, Block 1114,
Block 1115, Block 1116, Block 1117, Block 1118, Block 1119, Block 1120,
Block 1121, Block 1122, Block 1123, Block 1124, Block 1125, Block 1126,
Block 1127, Block 1128, Block 1129, Block 1130, Block 1131, Block 1132,
Block 1133, Block 1134, Block 1135, Block 1136, Block 1137, Block 1138,
[Title 44 RCW—page 17]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 1139, Block 1140, Block 1998, Block 1999, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2063, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block 2076, Block 2107,
Block 2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2142, Block 2143, Block 2999, Kittitas County, Yakima County
(Part) - Block Groups Tract 16.00; Block Group 2, Tract 16.00; Block
Group 3, Tract 17.00; Block Group 4, Tract 30.00; Block Group 6, Yakima
County (Part) - Blocks: Tract 16.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1058,
Block 1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064,
Block 1065, Block 1066, Block 1067, Block 1068, Block 1069, Block 1070,
Block 1071, Block 1072, Block 1073, Block 1081, Block 1083, Block 1084,
Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block 1092,
Block 1093, Block 1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block 4016,
Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block 4022,
Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block 4028,
Block 4029, Block 4030, Block 4031, Block 4032, Block 4033, Block 4034,
Block 4035, Block 4036, Block 4037, Block 4038, Block 4039, Block 4040,
Block 4041, Block 4042, Block 4043, Block 4044, Block 4045, Block 4046,
Block 4047, Block 4048, Block 4049, Block 4050, Block 4051, Block 4052,
Block 4053, Block 4054, Block 4055, Block 4056, Block 4059, Block 4060,
Block 4061, Block 4062, Block 4063, Block 4064, Block 4065, Block 4066,
Block 4067, Block 4068, Block 4069, Block 4070, Block 4071, Block 4072,
Block 4073, Block 4080, Block 4081, Block 4082, Block 4083, Block 4084,
Block 4085, Block 4086, Block 4087, Block 4088, Block 4089, Block 4090,
Block 4091, Block 4092, Block 4985, Block 4990, Block 4998, Block 4999,
Block 5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5014, Block 5015, Block 5016,
Block 5017, Block 5018, Block 5019, Block 5020, Block 5021, Block 5022,
Block 5023, Block 5024, Block 5025, Block 5026, Block 5027, Block 5028,
Block 5994, Block 5999, Tract 17.00; Block 1007, Block 1008, Block 1009,
Block 1010, Block 1999, Block 5000, Block 5001, Block 5002, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5999,
Block 6000, Block 6001, Block 6025, Block 6026, Block 6027, Block 6028,
Block 6029, Block 6030, Block 6999, Tract 30.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1103, Block 1104,
Block 1105, Block 1106, Block 1107, Block 1108, Block 1109, Block 1110,
Block 1111, Block 1112, Block 1113, Block 1114, Block 1115, Block 1116,
Block 1117, Block 1118, Block 1119, Block 1120, Block 1121, Block 1122,
Block 1123, Block 1124, Block 1125, Block 1126, Block 1127, Block 1128,
Block 1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1134,
Block 1135, Block 1136, Block 1137, Block 1143, Block 1144, Block 1145,
Block 1146, Block 1147, Block 1148, Block 1149, Block 1150, Block 1151,
Block 1152, Block 1153, Block 1154, Block 1155, Block 1156, Block 1157,
Block 1158, Block 1159, Block 1160, Block 1161, Block 1162, Block 1163,
Block 1164, Block 1165, Block 1166, Block 1167, Block 1168, Block 1169,
Block 1170, Block 1171, Block 1172, Block 1173, Block 1174, Block 1175,
Block 1176, Block 1177, Block 1178, Block 1179, Block 1180, Block 1181,
Block 1182, Block 1183, Block 1184, Block 1185, Block 1999, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5018, Block 5019, Block 5023,
Block 5024, Block 5028, Block 5031, Block 5032, Block 5033, Block 5034,
Block 5036, Block 5037, Block 5038, Block 5039, Block 5040, Block 5041,
Block 5042, Block 5043, Block 5044, Block 5045, Block 5048, Block 5064,
Block 5065, Block 5066, Block 5067, Block 5068, Tract 31.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
[Title 44 RCW—page 18]
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2998, Block 2999, Block 3000, Block 3001, Block 3002,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3010, Block 3011, Block 3018, Block 3024, Block 3026,
Block 3028, Block 3029, Block 3030, Block 3032, Block 3037,
Block 3039, Tract 32.00; Block 3000, Block 3049.
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
1012,
1019,
1025,
1031,
1037,
2005,
2011,
2017,
2024,
3003,
3009,
3027,
3038,
District 14: Yakima County (Part) - Tracts: 1.00, 2.00, 3.00, 4.00,
5.00, 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00, 13.00, 14.00, 15.00, 28.00,
29.00, Yakima County (Part) - Block Groups Tract 30.00; Block Group 2,
Tract 30.00; Block Group 3, Tract 30.00; Block Group 4, Tract 31.00;
Block Group 4, Tract 32.00; Block Group 1, Tract 32.00; Block Group 2,
Yakima County (Part) - Blocks: Tract 16.00; Block 4057, Block 4058,
Block 4074, Block 4075, Block 4076, Block 4077, Block 4078, Block 4079,
Block 4983, Block 4984, Block 4986, Block 4987, Block 4988, Block 4989,
Block 4991, Block 4992, Block 4993, Block 4994, Block 4995, Block 4996,
Block 4997, Block 5009, Block 5010, Block 5011, Block 5012, Block 5013,
Block 5029, Block 5030, Block 5031, Block 5995, Block 5996, Block 5997,
Block 5998, Tract 17.00; Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1991,
Block 1992, Block 1996, Block 1997, Block 1998, Block 3088, Tract 27.02;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3067, Block 3073, Block 3074, Tract 30.00; Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061,
Block 1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067,
Block 1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073,
Block 1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079,
Block 1080, Block 1081, Block 1082, Block 1083, Block 1084, Block 1085,
Block 1086, Block 1087, Block 1088, Block 1089, Block 1090, Block 1091,
Block 1092, Block 1093, Block 1094, Block 1095, Block 1096, Block 1097,
Block 1098, Block 1099, Block 1100, Block 1101, Block 1102, Block 1138,
Block 1139, Block 1140, Block 1141, Block 1142, Block 5000, Block 5001,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5020, Block 5021, Block 5022, Block 5025, Block 5026, Block 5027,
Block 5029, Block 5030, Block 5035, Block 5046, Block 5047, Block 5049,
Block 5050, Block 5051, Block 5052, Block 5053, Block 5054, Block 5055,
Block 5056, Block 5057, Block 5058, Block 5059, Block 5060, Block 5061,
Block 5062, Block 5063, Block 5996, Block 5997, Block 5998, Block 5999,
Tract 31.00; Block 1018, Block 2018, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2996, Block 2997, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3025, Block 3031, Block 3033, Block 3034, Block 3035,
Block 3036, Tract 32.00; Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3050, Block 3051, Block 3052, Block 3996,
Block 3997, Block 3998, Block 3999.
District 15: Clark County (Part) - Block Groups Tract 405.06; Block
Group 2, Clark County (Part) - Blocks: Tract 401.01; Block 2060,
Tract 405.04; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
(2002 Ed.)
Legislative Districts and Apportionment
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1038, Block 1078, Block 1080, Block 1081, Block 1082,
Block 1083, Block 1084, Block 1085, Block 1086, Block 1087, Block 1088,
Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094,
Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100,
Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106,
Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112,
Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118,
Block 1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124,
Block 1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130,
Block 1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136,
Block 1137, Block 1138, Block 1139, Block 1140, Block 1141,
Tract 405.06; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3017,
Block 3997, Block 3998, Block 3999, Block 4000, Block 4001, Block 4002,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4999,
Tract 405.07; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1025,
Block 1026, Block 2000, Tract 405.08; Block 2000, Block 2001,
Block 2002, Block 2004, Tract 406.03; Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3023, Block 3024,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4015, Block 4016, Tract 406.05; Block 1000, Block 1001,
Block 1002, Klickitat County, Skamania County, Yakima County (Part) Tracts: 18.00, 19.00, 20.01, 20.02, 21.00, 22.00, 23.00, 24.00, 25.00, 26.00,
27.01, Yakima County (Part) - Block Groups Tract 17.00; Block Group 2,
Tract 27.02; Block Group 1, Tract 27.02; Block Group 2, Tract 27.02;
Block Group 4, Yakima County (Part) - Blocks: Tract 16.00; Block 1056,
Block 1057, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1082, Block 1085, Block 1086, Tract 17.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1989,
Block 1990, Block 1993, Block 1994, Block 1995, Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3040, Block 3041, Block 3042, Block 3043,
Block 3044, Block 3045, Block 3046, Block 3047, Block 3048, Block 3049,
Block 3050, Block 3051, Block 3052, Block 3053, Block 3054, Block 3055,
Block 3056, Block 3057, Block 3058, Block 3059, Block 3060, Block 3061,
Block 3062, Block 3063, Block 3064, Block 3065, Block 3066, Block 3067,
Block 3068, Block 3069, Block 3070, Block 3071, Block 3072, Block 3073,
Block 3074, Block 3075, Block 3076, Block 3077, Block 3078, Block 3079,
Block 3080, Block 3081, Block 3082, Block 3083, Block 3084, Block 3085,
Block 3086, Block 3087, Block 3089, Block 3090, Block 3997, Block 3998,
Block 3999, Block 5003, Block 5004, Block 6002, Block 6003, Block 6004,
Block 6005, Block 6006, Block 6007, Block 6008, Block 6009, Block 6010,
Block 6011, Block 6012, Block 6013, Block 6014, Block 6015, Block 6016,
Block 6017, Block 6018, Block 6019, Block 6020, Block 6021, Block 6022,
Block 6023, Block 6024, Block 6031, Block 6032, Block 6033, Block 6034,
Block 6035, Block 6036, Block 6037, Block 6038, Block 6039, Block 6040,
Block 6041, Block 6042, Block 6043, Block 6044, Block 6045, Block 6046,
Block 6047, Block 6048, Block 6049, Block 6050, Block 6051, Block 6052,
Block 6053, Block 6054, Block 6055, Block 6056, Block 6057, Block 6058,
Block 6059, Block 6060, Block 6061, Block 6062, Block 6063, Block 6064,
Block 6065, Block 6066, Block 6067, Block 6068, Block 6069, Block 6070,
Block 6071, Block 6072, Block 6073, Block 6074, Block 6075, Block 6076,
(2002 Ed.)
Chapter 44.07D
Block 6077, Block 6078, Block 6079, Block 6080, Block 6081, Block 6082,
Block 6083, Block 6084, Block 6085, Block 6086, Block 6087, Block 6088,
Block 6089, Block 6090, Block 6091, Block 6092, Block 6093, Block 6094,
Block 6095, Block 6096, Block 6097, Block 6098, Block 6099, Block 6100,
Block 6101, Block 6102, Block 6103, Block 6104, Block 6105, Block 6106,
Block 6107, Block 6108, Block 6109, Block 6110, Block 6111, Block 6112,
Block 6113, Block 6114, Block 6115, Block 6116, Block 6117, Block 6118,
Block 6119, Block 6120, Block 6121, Block 6122, Block 6123, Block 6124,
Block 6125, Block 6126, Block 6127, Block 6128, Block 6129, Block 6130,
Block 6131, Block 6132, Block 6133, Block 6134, Block 6135, Block 6136,
Block 6137, Block 6138, Block 6139, Block 6140, Block 6141, Block 6142,
Block 6143, Block 6144, Block 6145, Block 6146, Block 6147, Block 6148,
Block 6149, Block 6150, Block 6151, Block 6152, Block 6153, Block 6154,
Block 6155, Block 6156, Block 6157, Block 6158, Block 6159, Block 6160,
Block 6161, Block 6162, Block 6163, Block 6164, Block 6165, Block 6166,
Tract 27.02; Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block 3051, Block 3052,
Block 3053, Block 3054, Block 3055, Block 3056, Block 3057, Block 3058,
Block 3059, Block 3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3068, Block 3069, Block 3070, Block 3071,
Block 3072, Block 3075, Block 3076, Block 3077, Block 3078, Block 3079,
Block 3080, Block 3081, Block 3082, Block 3083, Block 3084, Block 3085,
Block 3086.
District 16: Benton County (Part) - Tracts: 114.02, 115.01, 116.00,
Benton County (Part) - Block Groups Tract 113.00; Block Group 3,
Tract 113.00; Block Group 4, Tract 113.00; Block Group 5, Tract 114.01;
Block Group 2, Tract 114.01; Block Group 3, Tract 115.02; Block Group 6,
Tract 115.02; Block Group 7, Benton County (Part) - Blocks: Tract 108.01;
Block 4013, Block 4014, Block 4015, Block 4049, Block 4050, Block 4051,
Block 4052, Block 4053, Block 4054, Block 5008, Block 5031, Block 5032,
Block 5033, Block 5045, Block 5046, Block 5047, Block 5048, Block 5049,
Block 5050, Block 5052, Block 5053, Block 5054, Block 5055, Block 5056,
Block 5057, Block 5058, Block 5059, Block 5060, Block 5061, Block 5062,
Block 5063, Block 5064, Block 5065, Block 5066, Block 5067, Block 5068,
Block 5069, Block 5070, Block 5071, Block 5072, Block 5073, Block 5074,
Block 5075, Block 5076, Block 5078, Block 5079, Block 5080, Block 5081,
Block 5082, Block 5083, Block 5084, Block 5085, Block 5086, Block 5087,
Block 5088, Block 5089, Block 5090, Block 5091, Block 5092, Block 5093,
Block 5094, Block 5095, Block 5096, Block 5097, Block 5098, Block 5099,
Block 5100, Block 5101, Block 5102, Block 5103, Block 5104, Block 5105,
Block 5106, Block 5107, Block 5108, Block 5109, Block 5110, Block 5111,
Block 5112, Block 5113, Block 5114, Block 5115, Block 5116, Block 5117,
Block 5118, Block 5119, Block 5120, Block 5121, Block 5122, Block 5123,
Block 5124, Block 5125, Block 5126, Block 5127, Block 5128, Block 5129,
Block 5151, Block 5152, Block 5153, Block 5154, Block 5155, Block 5156,
Block 5157, Block 5158, Block 5159, Block 5160, Block 5161, Block 5162,
Tract 112.00; Block 6000, Block 6004, Block 6005, Block 6006,
Block 6007, Block 6008, Block 6009, Block 6010, Block 6011, Block 6012,
Tract 113.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1999, Block 2000, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2042,
Block 2043, Block 2045, Block 2046, Block 2047, Block 2048, Block 2049,
Block 2050, Tract 115.02; Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Tract 118.00; Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4013, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4022, Block 4023, Block 4034, Block 4035, Block 4036, Block 4040,
Block 4041, Block 4042, Block 4043, Block 4044, Block 4045, Block 4046,
Block 4047, Block 4052, Block 4068, Block 4069, Block 4070, Block 4071,
Block 4072, Block 4073, Block 4074, Block 4075, Block 4076, Block 4077,
Block 4078, Block 4079, Block 4080, Block 4081, Columbia County,
Franklin County (Part) - Tracts: 201.00, 202.00, 203.00, 204.00, 205.01,
205.02, 206.02, Franklin County (Part) - Block Groups Tract 206.01; Block
Group 3, Franklin County (Part) - Blocks: Tract 206.01; Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1995,
Block 2093, Block 2094, Block 2095, Block 2120, Block 2121, Block 2122,
[Title 44 RCW—page 19]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 2123, Block 2124, Block 2997, Tract 207.00; Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2048, Block 2049,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 2061, Block 2062,
Block 2063, Block 2064, Block 2065, Block 2066, Block 2067, Block 2068,
Block 2069, Block 2070, Block 2071, Block 2072, Block 2073, Block 2074,
Block 2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080,
Block 2081, Block 2082, Block 2083, Block 2084, Block 2085, Block 2086,
Block 2087, Block 2088, Block 2089, Block 2090, Block 2091, Block 2092,
Block 2093, Block 2094, Block 2095, Block 2096, Block 2097, Block 2098,
Block 2099, Block 2100, Block 2101, Block 2102, Block 2103, Block 2104,
Block 2105, Block 2106, Block 2107, Block 2108, Block 2109, Block 2110,
Block 2111, Block 2112, Block 2113, Block 2114, Block 2115, Block 2116,
Block 2117, Block 2118, Block 2119, Block 2120, Block 2121, Block 2122,
Block 2123, Block 2993, Block 2994, Block 2995, Block 2997, Walla
Walla County.
District 17: Clark County (Part) - Tracts: 407.02, 407.03, 407.05,
407.06, 408.05, 408.06, 411.04, 413.09, 413.10, 413.12, 413.13, 413.14,
413.15, 413.16, 413.17, 413.18, 413.19, 413.20, 413.22, 413.23, Clark
County (Part) - Block Groups Tract 404.04; Block Group 1, Tract 404.04;
Block Group 2, Tract 404.04; Block Group 3, Tract 404.08; Block Group 1,
Tract 413.21; Block Group 1, Tract 413.24; Block Group 1, Tract 413.24;
Block Group 2, Tract 413.24; Block Group 4, Tract 413.25; Block Group 1,
Clark County (Part) - Blocks: Tract 404.03; Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Tract 404.04; Block 4000, Block 4001,
Block 4006, Tract 404.08; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Tract 405.05; Block 2025, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3028, Block 3029,
Tract 406.03; Block 1007, Block 1008, Block 1009, Block 1010,
Block 2007, Block 2008, Block 2009, Block 2010, Tract 406.04;
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1039, Block 1040, Block 2007, Block 2008,
Tract 406.06; Block 1007, Block 1008, Block 1009, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Tract 409.05; Block 1008, Block 1009, Block 1011, Tract 409.06;
Block 1013, Tract 413.21; Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Tract 413.24; Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3040, Block 3041, Block 3042, Block 3043,
Block 3044, Block 3045, Tract 413.25; Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2030, Block 2031, Block 2997.
District 18: Clark County (Part) - Tracts: 401.02, 402.01, 402.02,
402.03, 404.05, 404.06, 404.07, 405.09, 409.07, 409.08, 414.00, 415.00,
Clark County (Part) - Block Groups Tract 401.01; Block Group 1,
Tract 403.00; Block Group 1, Tract 403.00; Block Group 2, Tract 403.00;
Block Group 4, Tract 404.03; Block Group 1, Tract 405.04; Block Group 2,
Tract 405.04; Block Group 3, Tract 405.05; Block Group 1, Tract 405.08;
Block Group 1, Tract 406.05; Block Group 2, Tract 406.06; Block Group 3,
Tract 406.06; Block Group 4, Tract 409.04; Block Group 4, Tract 409.05;
Block Group 2, Clark County (Part) - Blocks: Tract 401.01; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2061,
Block 2062, Block 2063, Block 2064, Block 2065, Block 2066, Block 2067,
[Title 44 RCW—page 20]
Block 2068, Block 2069, Block 2070, Block 2071, Block 2072, Block 2073,
Block 2074, Block 2075, Block 2076, Block 2077, Block 2078, Block 2079,
Block 2080, Block 2081, Block 2082, Block 2083, Block 2084, Block 2085,
Block 2086, Block 2087, Block 2088, Block 2089, Block 2090, Block 2091,
Block 2092, Block 2093, Block 2094, Block 2095, Block 2096, Block 2097,
Block 2098, Block 2099, Block 2100, Block 2101, Block 2102, Block 2103,
Block 2104, Block 2105, Block 2106, Block 2107, Block 2108, Block 2109,
Block 2110, Block 2111, Block 2112, Block 2113, Block 2114, Block 2115,
Block 2116, Block 2117, Block 2118, Block 2119, Block 2120, Block 2121,
Block 2122, Block 2123, Block 2124, Block 2125, Block 2126, Block 2127,
Block 2128, Block 2129, Block 2130, Block 2131, Block 2132, Block 2133,
Block 2134, Block 2135, Block 2136, Block 2137, Block 2138, Block 2139,
Block 2140, Block 2141, Block 2142, Block 2143, Block 2144, Block 2145,
Block 2146, Block 2147, Block 2148, Block 2149, Block 2150, Block 2151,
Block 2152, Block 2153, Block 2154, Block 2155, Block 2156, Block 2157,
Block 2158, Block 2159, Block 2160, Block 2161, Block 2162, Block 2163,
Block 2164, Block 2165, Block 2166, Block 2167, Block 2168, Block 2169,
Block 2170, Block 2171, Block 2172, Block 2173, Block 2174, Block 2175,
Block 2176, Block 2177, Block 2178, Block 2179, Block 2180, Block 2181,
Block 2182, Block 2183, Block 2184, Block 2185, Block 2186, Block 2187,
Block 2188, Block 2189, Block 2190, Block 2191, Block 2192, Block 2193,
Block 2194, Block 2195, Block 2196, Block 2197, Block 2198, Block 2199,
Block 2200, Block 2201, Block 2202, Block 2203, Block 2204, Block 2205,
Block 2206, Block 2207, Block 2208, Block 2209, Block 2210, Block 2211,
Block 2212, Block 2213, Block 2214, Block 2215, Block 2216, Block 2217,
Block 2218, Block 2219, Block 2997, Block 2998, Block 2999,
Tract 403.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3997, Block 3999, Tract 404.03;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Tract 404.08;
Block 2004, Tract 405.04; Block 1035, Block 1036, Block 1037,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074,
Block 1075, Block 1076, Block 1077, Block 1079, Block 1999,
Tract 405.05; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3012, Block 3013,
Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Tract 405.06; Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036,
Block 3037, Block 3992, Block 3993, Block 3994, Block 3995, Block 3996,
Block 4003, Tract 405.07; Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1027, Block 1999, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Tract 405.08; Block 2003, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Tract 406.03;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1011, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
(2002 Ed.)
Legislative Districts and Apportionment
Block 2026, Block 2027, Block 2028, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3020,
Block 3021, Block 3022, Block 3025, Block 4012, Block 4013, Block 4014,
Tract 406.04; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Tract 406.05; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1998,
Block 1999, Tract 406.06; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1999, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2020, Block 2021, Block 2022, Block 2023,
Tract 409.04; Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Tract 409.05; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1010, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Tract 409.06; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Tract 410.05; Block 2010, Block 2011,
Block 2988, Block 2989, Block 2999, Tract 413.21; Block 2000,
Tract 413.24; Block 3000, Block 3001, Block 3002, Block 3003,
Tract 413.25; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2032, Block 2033, Block 2998,
Block 2999, Cowlitz County (Part) - Tracts: 15.00, 16.00, 18.00, Cowlitz
County (Part) - Block Groups Tract 17.00; Block Group 2, Tract 17.00;
Block Group 3, Tract 17.00; Block Group 4, Tract 20.02; Block Group 4,
Cowlitz County (Part) - Blocks: Tract 3.00; Block 1010, Block 1985,
Block 1986, Tract 12.00; Block 2000, Block 2008, Tract 13.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1009, Block 1010, Block 1011, Block 1013, Block 1014, Block 1015,
Block 1018, Block 1019, Block 1020, Tract 17.00; Block 1000, Block 1019,
Block 1020, Block 1021, Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block 5009, Block 5010,
Block 5011, Block 5012, Tract 20.02; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1051, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1997, Block 1998, Block 5000,
Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block 5006,
Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block 5012,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block 5018,
Block 5019, Block 5020, Block 5021, Block 5022, Block 5023, Block 5024,
Block 5025, Block 5026, Block 5027, Block 5028, Block 5029, Block 5030,
Block 5031, Block 5032, Block 5033, Block 5034, Block 5035, Block 5036,
Block 5037, Block 5038, Block 5039, Block 5040, Block 5041, Block 5042,
Block 5043, Block 5044, Block 5045, Block 5046, Block 5047, Block 5048,
Block 5049, Block 5050, Block 5051, Block 5052, Block 5053, Block 5054,
Block 5055, Block 5056, Block 5057, Block 5058, Block 5059, Block 5060,
Block 5062, Block 5999.
District 19: Cowlitz County (Part) - Tracts: 1.00, 2.00, 4.00, 5.01,
5.02, 6.01, 6.02, 7.01, 7.02, 8.00, 9.00, 10.00, 11.00, 19.00, 20.01, Cowlitz
County (Part) - Block Groups Tract 12.00; Block Group 1, Tract 12.00;
Block Group 3, Tract 12.00; Block Group 4, Tract 13.00; Block Group 2,
Tract 13.00; Block Group 3, Tract 13.00; Block Group 4, Tract 20.02;
(2002 Ed.)
Chapter 44.07D
Block Group 2, Tract 20.02; Block Group 3, Cowlitz County (Part) Blocks: Tract 3.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052,
Block 1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1058,
Block 1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064,
Block 1065, Block 1066, Block 1987, Block 1988, Block 1989, Block 1990,
Block 1991, Block 1992, Block 1993, Block 1994, Block 1995, Block 1996,
Block 1997, Block 1998, Block 1999, Tract 12.00; Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Tract 13.00; Block 1007, Block 1008, Block 1012, Block 1016, Block 1017,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Tract 17.00; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1022, Block 1997,
Block 1998, Block 1999, Block 5008, Tract 20.02; Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1030,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1999, Block 5061, Grays Harbor County
(Part) - Tract 12.00, 16.00, Grays Harbor County (Part) - Block Groups
Tract 9.00; Block Group 2, Tract 9.00; Block Group 3, Tract 9.00; Block
Group 4, Tract 9.00; Block Group 5, Tract 9.00; Block Group 6,
Tract 10.00; Block Group 1, Tract 10.00; Block Group 3, Tract 10.00;
Block Group 4, Tract 11.00; Block Group 1, Tract 11.00; Block Group 2,
Tract 11.00; Block Group 3, Tract 11.00; Block Group 4, Grays Harbor
County (Part) - Blocks: Tract 4.00; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4040, Block 4041, Block 4042, Block 4043, Block 4044,
Block 4045, Block 4046, Block 4047, Block 4048, Block 4049, Block 4050,
Block 4051, Block 4052, Block 4053, Block 4054, Block 4055, Block 4056,
Block 4995, Block 4996, Block 4997, Block 4998, Block 4999, Tract 7.00;
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1061, Block 1062, Block 1063, Block 1064, Block 1065,
Block 1066, Block 1067, Block 1068, Block 1069, Block 1070, Block 1071,
Block 1072, Block 1073, Block 1074, Block 1075, Block 1076, Block 1077,
Block 1078, Block 1079, Block 1080, Block 1081, Block 1082, Block 1083,
Block 1084, Block 1085, Block 1086, Block 1087, Block 1088, Block 1089,
Block 1090, Block 1091, Block 1092, Block 1093, Block 1094, Block 1095,
Block 1096, Block 1097, Block 1098, Block 1099, Block 1100, Block 1101,
Block 1102, Block 1103, Block 1104, Block 1105, Block 1106, Block 1107,
Block 1108, Block 1109, Block 1110, Block 1111, Block 1112, Block 1113,
Block 1114, Block 1115, Block 1116, Block 1117, Block 1118, Block 1119,
Block 1120, Block 1121, Block 1122, Block 1123, Block 1124, Block 1125,
Block 1126, Block 1127, Block 1128, Block 1129, Block 1130, Block 1131,
Block 1132, Block 1133, Block 1134, Block 1135, Block 1136, Block 1137,
Block 1138, Block 1139, Block 1140, Block 1141, Block 1142, Block 1143,
Block 1144, Block 1145, Block 1146, Block 1147, Block 1148, Block 1149,
Block 1150, Block 1151, Block 1152, Block 1153, Block 1154, Block 1155,
Block 1156, Block 1157, Block 1158, Block 1159, Block 1160, Block 1161,
Block 1162, Block 1163, Block 1164, Block 1165, Block 1166, Block 1167,
Block 1168, Block 1169, Block 1170, Block 1171, Block 1172, Block 1173,
Block 1174, Block 1175, Block 1176, Block 1177, Block 1178, Block 1179,
Block 1180, Block 1181, Block 1182, Block 1183, Block 1184, Block 1185,
[Title 44 RCW—page 21]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 1186, Block 1187, Block 1188, Block 1189, Block 1190, Block 1191,
Block 1192, Block 1193, Block 1194, Block 1195, Block 1196, Block 1197,
Block 1198, Block 1199, Block 1200, Block 1201, Block 1202, Block 1203,
Block 1204, Block 1205, Block 1206, Block 1207, Block 1208, Block 1209,
Block 1210, Block 1211, Block 1212, Block 1213, Block 1214, Block 1215,
Block 1216, Block 1217, Block 1218, Block 1219, Block 1220, Block 1221,
Block 1222, Block 1223, Block 1224, Block 1225, Block 1226, Block 1227,
Block 1228, Block 1229, Block 1230, Block 1231, Block 1232, Block 1233,
Block 1234, Block 1235, Block 1236, Block 1237, Block 1238, Block 1239,
Block 1240, Block 1241, Block 1242, Block 1243, Block 1244, Block 1245,
Block 1246, Block 1247, Block 1248, Block 1249, Block 1250, Block 1251,
Block 1252, Block 1253, Block 1254, Block 1255, Block 1256, Block 1257,
Block 1258, Block 1259, Block 1260, Block 1261, Block 1262, Block 1263,
Block 1264, Block 1265, Block 1266, Block 1267, Block 1268, Block 1269,
Block 1270, Block 1271, Block 1272, Block 1273, Block 1274, Block 1275,
Block 1276, Block 1277, Block 1278, Block 1281, Block 1282, Block 1283,
Block 1284, Block 1285, Block 1286, Block 1287, Block 1288, Block 1289,
Block 1290, Block 1291, Block 1292, Block 1293, Block 1294, Block 1295,
Block 1997, Block 2146, Block 2147, Block 2148, Block 2149, Block 2157,
Block 2158, Block 2160, Block 3023, Block 3024, Block 3025, Block 3032,
Block 3033, Block 3034, Block 3200, Block 3201, Block 3202, Block 3203,
Block 3204, Block 3205, Tract 8.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block 2058,
Block 2060, Block 2066, Block 2067, Block 2068, Block 2071, Block 2072,
Block 2073, Block 2077, Block 2078, Block 2079, Block 2991, Block 2992,
Block 2993, Block 2994, Block 2995, Block 2996, Block 2997, Block 2998,
Block 2999, Block 3008, Block 3009, Block 3010, Block 3011, Block 3027,
Block 3028, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3052, Block 3053, Tract 9.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1016, Block 1017, Block 1018, Block 1996,
Block 1998, Block 1999, Tract 10.00; Block 2001, Block 2002, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2995, Block 2996, Block 2997, Block 2998, Block 2999,
Tract 11.00; Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5018, Block 5019, Block 5020,
Block 5021, Block 5022, Block 5998, Tract 13.00; Block 1021, Block 1022,
Block 1023, Block 1024, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1033, Block 1034, Block 1035, Block 1036, Block 2002,
Pacific County, Wahkiakum County.
District 20: Lewis County, Thurston County (Part) - Tracts: 126.00,
127.00, Thurston County (Part) - Block Groups Tract 115.00; Block
Group 5, Tract 116.10; Block Group 4, Tract 116.20; Block Group 4,
Tract 117.00; Block Group 4, Tract 117.00; Block Group 5, Tract 118.10;
Block Group 2, Tract 118.20; Block Group 3, Tract 118.20; Block Group 4,
Tract 118.20; Block Group 5, Tract 123.10; Block Group 3, Tract 124.20;
Block Group 1, Tract 124.20; Block Group 3, Thurston County (Part) Blocks: Tract 108.00; Block 5052, Tract 109.00; Block 2028, Tract 110.00;
Block 2021, Block 2022, Tract 115.00; Block 3001, Block 3002,
Block 3003, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Tract 116.10; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 3020, Tract 116.20;
Block 3012, Block 3014, Block 3018, Block 3019, Tract 117.00;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020,
Tract 118.10; Block 1101, Block 1102, Block 1103, Block 1104,
Block 1105, Block 1106, Block 1107, Block 1108, Block 1109, Block 1110,
[Title 44 RCW—page 22]
Block 1111, Block 1112, Block 1113, Block 1114, Block 1115, Block 1116,
Block 1117, Block 1118, Block 1120, Block 1125, Block 1126, Block 1127,
Block 1128, Block 1129, Block 1130, Block 1131, Block 1132, Block 1133,
Block 1134, Block 1135, Block 1136, Block 1137, Block 1138, Block 1139,
Block 1140, Block 1141, Block 1142, Block 1143, Block 1144,
Tract 118.20; Block 2000, Block 2001, Block 2002, Block 2004,
Tract 123.10; Block 2011, Block 2014, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Tract 123.30; Block 1000, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1009, Block 1010,
Tract 124.20; Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2028, Block 2038, Block 2039, Tract 125.00;
Block 1003, Block 1004, Block 1005, Block 1006, Block 1021, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049,
Block 1999, Block 4010, Block 4012, Block 4013, Block 4014, Block 4017,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Block 4034, Block 4035, Block 4036, Block 4037, Block 4038,
Block 4039, Block 4040, Block 4041, Block 4042, Block 4043, Block 4044,
Block 4045, Block 4046, Block 4047, Block 4048, Block 4049, Block 4050,
Block 4051, Block 4052, Block 4053, Block 4054, Block 4055, Block 4056,
Block 4057, Block 4058, Block 4059, Block 4060, Block 4061, Block 4062,
Block 4063, Block 4064, Block 4065, Block 4066, Block 4067, Block 4068,
Block 4069, Block 4070, Block 4071, Block 4072, Block 4073, Block 4074,
Block 4075, Block 4082, Block 4083, Block 4084, Block 4085, Block 4086,
Block 4087, Block 4088, Block 4089, Block 4090, Block 4091, Block 4092,
Block 4093, Block 4094, Block 4095, Block 4096, Block 4097, Block 4098,
Block 4099, Block 4100, Block 4101, Block 4102, Block 4103, Block 4104,
Block 4105, Block 4106, Block 4107, Block 4108, Block 4109, Block 4110,
Block 4111, Block 4112, Block 4113, Block 4114, Block 4115, Block 4116,
Block 4117, Block 4118, Block 4119, Block 4120, Block 4121, Block 4128,
Block 4158, Block 4159, Block 4160, Block 4161, Block 4162, Block 4163,
Block 4164, Block 4165, Block 4166, Block 4167, Block 4168, Block 4169,
Block 4170, Block 4171, Block 4172, Block 4173, Block 4174, Block 4175,
Block 4176, Block 4177, Block 4182, Block 4183, Block 4184, Block 4996,
Block 4997, Block 4998, Block 4999.
District 21: Snohomish County (Part) - Tracts: 418.07, 420.01,
420.03, 420.04, 420.05, 420.06, 501.01, 501.02, 502.00, 503.00, 504.01,
514.00, 515.00, 516.01, 516.02, 517.01, 517.02, Snohomish County (Part) Block Groups Tract 413.01; Block Group 1, Tract 413.01; Block Group 2,
Tract 413.01; Block Group 5, Tract 418.04; Block Group 2, Tract 418.04;
Block Group 5, Tract 419.01; Block Group 3, Tract 504.02; Block Group 1,
Tract 505.00; Block Group 1, Tract 505.00; Block Group 5, Tract 510.00;
Block Group 1, Tract 510.00; Block Group 4, Tract 518.01; Block Group 4,
Tract 518.02; Block Group 1, Tract 518.02; Block Group 3, Tract 519.05;
Block Group 5, Tract 519.05; Block Group 6, Snohomish County (Part) Blocks: Tract 413.01; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3997, Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4999, Tract 418.04;
Block 3004, Block 4000, Block 4001, Block 4002, Block 4005, Block 4006,
Block 4007, Block 4008, Tract 418.06; Block 1004, Block 1006,
Block 1007, Block 1008, Block 1009, Block 2007, Block 3000, Block 3001,
Tract 418.08; Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Tract 419.01; Block 1001,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1016,
Block 1017, Block 1018, Block 1019, Block 2000, Block 2001, Block 2002,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Tract 419.05; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 4002, Block 4003,
Block 4004, Block 4005, Tract 504.02; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Tract 505.00; Block 3005,
Block 3006, Block 3007, Block 3008, Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
(2002 Ed.)
Legislative Districts and Apportionment
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4022, Block 4023, Block 4025, Block 4026, Block 4029,
Block 4030, Block 4998, Block 4999, Tract 506.00; Block 1003,
Tract 509.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Tract 510.00; Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Tract 518.01; Block 1001, Block 1002, Tract 519.05; Block 1007,
Block 2005, Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block 4016,
Block 4021.
District 22: Thurston County (Part) - Tracts: 101.00, 102.00, 103.00,
104.00, 105.00, 106.00, 107.00, 111.00, 112.00, 113.00, 114.10, 114.20,
120.00, 121.00, 122.10, 122.20, Thurston County (Part) - Block Groups
Tract 108.00; Block Group 1, Tract 108.00; Block Group 2, Tract 108.00;
Block Group 3, Tract 108.00; Block Group 4, Tract 109.00; Block Group 1,
Tract 109.00; Block Group 4, Tract 109.00; Block Group 5, Tract 109.00;
Block Group 6, Tract 115.00; Block Group 1, Tract 115.00; Block Group 2,
Tract 116.10; Block Group 2, Tract 116.20; Block Group 1, Tract 116.20;
Block Group 2, Tract 117.00; Block Group 1, Tract 117.00; Block Group 2,
Tract 123.30; Block Group 2, Thurston County (Part) - Blocks:
Tract 108.00; Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block 5009,
Block 5010, Block 5011, Block 5012, Block 5013, Block 5014, Block 5015,
Block 5016, Block 5017, Block 5018, Block 5019, Block 5020, Block 5021,
Block 5022, Block 5023, Block 5024, Block 5025, Block 5026, Block 5027,
Block 5028, Block 5029, Block 5030, Block 5031, Block 5032, Block 5033,
Block 5034, Block 5035, Block 5036, Block 5037, Block 5038, Block 5039,
Block 5040, Block 5041, Block 5042, Block 5043, Block 5044, Block 5045,
Block 5046, Block 5047, Block 5048, Block 5049, Block 5050, Block 5051,
Block 5053, Block 5054, Tract 109.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2029, Block 2030, Block 2031, Block 2996,
Block 2997, Block 2998, Block 2999, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020,
Block 3021, Block 3022, Block 3023, Block 3024, Block 3025, Block 3026,
Block 3027, Block 3028, Block 3029, Block 3030, Block 3031, Block 3032,
Block 3033, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3999, Tract 110.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1015,
Block 1020, Block 1021, Block 1022, Block 1025, Block 1999,
Tract 115.00; Block 3000, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3017, Block 3018,
Block 4000, Tract 116.10; Block 1012, Block 1013, Block 1014,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3998, Block 3999, Tract 116.20; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3013,
Block 3015, Block 3016, Block 3017, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Tract 117.00; Block 3010, Block 3011, Block 3012, Tract 118.20;
Block 1000, Tract 123.30; Block 1001.
District 23: Kitsap County (Part) - Tracts: 804.00, 901.01, 901.02,
902.00, 903.00, 904.00, 905.00, 906.01, 906.02, 907.00, 908.00, 909.00,
910.00, 911.00, 912.01, 912.03, 912.04, 915.00, 916.00, 917.00, 918.00,
919.00, Kitsap County (Part) - Block Groups Tract 801.01; Block Group 2,
Tract 801.02; Block Group 1, Tract 802.00; Block Group 2, Tract 803.00;
Block Group 3, Tract 913.02; Block Group 2, Kitsap County (Part) Blocks: Tract 802.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1024, Tract 803.00; Block 1002, Block 1005,
Block 2000, Block 2008, Tract 913.02; Block 1000, Block 1001,
(2002 Ed.)
Chapter 44.07D
Block 1002, Block 1008, Block 1009, Block 1010, Block 1999, Block 3005,
Block 3006.
District 24: Clallam County, Grays Harbor County (Part) - Tract 1.00,
2.00, 3.00, 14.00, 15.00, Grays Harbor County (Part) - Block Groups
Tract 4.00; Block Group 1, Tract 4.00; Block Group 2, Tract 4.00; Block
Group 3, Tract 4.00; Block Group 5, Tract 8.00; Block Group 1,
Tract 13.00; Block Group 3, Tract 13.00; Block Group 4, Grays Harbor
County (Part) - Blocks: Tract 4.00; Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block 4029, Block 4030,
Block 4031, Block 4032, Block 4033, Block 4034, Block 4035, Block 4036,
Block 4037, Block 4038, Block 4039, Block 4057, Block 4058, Block 4059,
Block 4060, Block 4061, Block 4062, Block 4063, Block 4064, Block 4065,
Block 4066, Block 4067, Block 4068, Block 4069, Block 4070, Tract 5.00;
Block 4067, Block 4068, Block 4073, Block 4074, Block 4075, Block 4076,
Block 4077, Block 4078, Block 4079, Block 4080, Block 4081, Block 4082,
Block 4083, Tract 8.00; Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2059, Block 2061,
Block 2062, Block 2063, Block 2064, Block 2065, Block 2069, Block 2070,
Block 2074, Block 2075, Block 2076, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3029, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block 3051,
Block 3054, Block 3999, Tract 9.00; Block 1015, Block 1997, Tract 10.00;
Block 2000, Block 2003, Block 2004, Block 2009, Block 2994, Tract 11.00;
Block 5000, Block 5015, Block 5016, Block 5017, Block 5999, Tract 13.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1025, Block 1031, Block 1032,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1997,
Block 1998, Block 1999, Block 2000, Block 2001, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2997, Block 2998, Block 2999, Jefferson
County.
District 25: Pierce County (Part) - Tracts: 705.00, 711.00, 712.05,
712.06, 712.07, 712.08, 712.09, 713.04, 713.05, 713.06, 713.07, 731.07,
731.11, 734.01, 734.03, 734.04, Pierce County (Part) - Block Groups
Tract 707.03; Block Group 2, Tract 707.03; Block Group 3, Tract 707.03;
Block Group 4, Tract 707.03; Block Group 5, Tract 709.00; Block Group 2,
Tract 710.00; Block Group 1, Tract 710.00; Block Group 4, Tract 710.00;
Block Group 5, Tract 710.00; Block Group 6, Tract 712.10; Block Group 2,
Tract 713.08; Block Group 1, Tract 713.08; Block Group 3, Tract 715.05;
Block Group 3, Tract 715.06; Block Group 1, Tract 716.02; Block Group 2,
Tract 731.12; Block Group 2, Pierce County (Part) - Blocks: Tract 633.00;
Block 1032, Block 2000, Block 2028, Block 2029, Tract 704.01;
Block 2002, Tract 707.01; Block 6019, Tract 707.03; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Tract 707.04; Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 2000,
Block 2001, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Tract 709.00; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021,
Block 4998, Block 4999, Tract 710.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2007, Block 2008, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3015, Block 3016, Block 3017, Tract 712.10;
[Title 44 RCW—page 23]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 1013, Block 1014, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Tract 713.08; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2015, Block 2016,
Tract 714.06; Block 3000, Tract 715.05; Block 4000, Tract 715.06;
Block 2000, Block 2001, Block 2007, Block 2008, Block 2009, Block 2010,
Tract 716.01; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1008, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Tract 716.02; Block 1000, Block 1001, Block 1002,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Tract 731.08; Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Tract 731.10; Block 1000, Block 1002,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1018, Block 2003,
Block 2004, Block 2005, Tract 731.12; Block 1021, Block 1027,
Block 1028, Block 1029, Tract 733.02; Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1043, Block 1997, Block 1998,
Block 1999.
District 26: Kitsap County (Part) - Tracts: 805.00, 811.00, 812.00,
814.00, 922.00, 923.00, 924.00, 925.00, 926.00, 927.00, 928.01, 928.02,
928.03, Kitsap County (Part) - Block Groups Tract 810.00; Block Group 1,
Tract 929.02; Block Group 2, Tract 929.02; Block Group 3, Kitsap County
(Part) - Blocks: Tract 806.00; Block 3000, Block 3001, Block 3002,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023,
Tract 809.00; Block 1041, Block 1042, Tract 810.00; Block 2000,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block 3000, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3999,
Tract 921.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1998, Block 1999, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3011, Block 3012, Block 3013, Block 3030, Block 3031, Block 3032,
Block 3033, Block 3998, Block 3999, Tract 929.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1999, Block 4000,
Block 4001, Block 4002, Block 4006, Block 4007, Block 4999, Pierce
County (Part) - Tracts: 724.05, 724.06, 724.07, 724.08, 724.09, 724.10,
725.03, 725.04, 725.05, 725.06, 725.07, 726.01, 726.02, Pierce County
(Part) - Block Groups Tract 726.03; Block Group 1, Tract 726.03; Block
Group 2.
District 27: Pierce County (Part) - Tracts: 601.02, 601.03, 601.04,
602.00, 603.00, 604.00, 605.00, 606.00, 607.00, 608.00, 609.03, 609.04,
609.06, 611.00, 612.00, 613.00, 614.00, 615.00, 616.01, 616.02, 620.00,
621.00, 622.00, 623.00, 708.00, Pierce County (Part) - Block Groups Tract
609.05; Block Group 3, Tract 617.00; Block Group 1, Tract 617.00; Block
Group 2, Tract 617.00; Block Group 3, Tract 617.00; Block Group 4,
Tract 619.00; Block Group 1, Tract 624.00; Block Group 1, Tract 633.00;
Block Group 3, Tract 633.00; Block Group 4, Tract 633.00; Block Group 5,
Tract 709.00; Block Group 1, Tract 709.00; Block Group 3, Pierce County
(Part) - Blocks: Tract 609.05; Block 4000, Block 4001, Tract 610.02;
Block 1000, Block 1004, Block 1005, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Tract 617.00; Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block 5009,
Block 5010, Block 5011, Block 5012, Block 5013, Block 5014, Block 5015,
Block 5016, Block 5017, Block 5018, Block 5021, Tract 618.00;
[Title 44 RCW—page 24]
Block 1000, Tract 619.00; Block 3007, Tract 624.00; Block 2000,
Block 2001, Block 2002, Block 2007, Tract 626.00; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3019, Tract 628.01; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1999, Block 4000, Block 4001, Block 4002,
Tract 633.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Tract 634.00; Block 1000, Tract 707.03; Block 1012,
Block 1013, Tract 709.00; Block 4013, Tract 710.00; Block 2005,
Block 2006, Block 3007, Block 3018, Tract 716.01; Block 1007,
Block 1009.
District 28: Pierce County (Part) - Tracts: 610.01, 719.02, 720.00,
721.05, 721.07, 721.08, 721.09, 721.11, 721.12, 723.05, 723.07, 723.08,
723.09, 723.10, 723.11, 727.00, 728.00, 729.03, Pierce County (Part) Block Groups Tract 609.05; Block Group 1, Tract 609.05; Block Group 2,
Tract 609.05; Block Group 5, Tract 610.02; Block Group 3, Tract 610.02;
Block Group 4, Tract 719.01; Block Group 4, Tract 721.06; Block Group 2,
Tract 721.06; Block Group 3, Tract 721.06; Block Group 4, Tract 721.06;
Block Group 5, Tract 723.06; Block Group 1, Tract 723.06; Block Group 3,
Tract 723.06; Block Group 4, Tract 726.03; Block Group 3, Pierce County
(Part) - Blocks: Tract 609.05; Block 4002, Block 4003, Block 4004, Block
4005, Block 4006, Block 4007, Tract 610.02; Block 1001, Block 1002,
Block 1003, Block 1006, Block 1007, Block 1008, Block 2004,
Tract 717.06; Block 1010, Tract 718.03; Block 2003, Block 4002,
Tract 718.06; Block 1000, Block 1001, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1022, Block 1023, Tract 719.01; Block 1022,
Block 1023, Block 1031, Block 1039, Block 1040, Block 1041, Block 2003,
Block 2004, Block 2005, Block 2006, Block 3002, Block 3003, Block 3008,
Block 3010, Block 3011, Tract 721.06; Block 1007, Block 1008,
Block 1009, Block 1010, Tract 729.01; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1999,
Tract 729.04; Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1031, Block 1047, Block 1048, Block 1049, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064.
District 29: Pierce County (Part) - Tracts: 625.00, 628.02, 629.00,
630.00, 631.00, 632.00, 635.01, 635.02, 715.03, 715.04, 717.03, 717.04,
717.05, 717.07, 718.04, 718.05, Pierce County (Part) - Block Groups
Tract 618.00; Block Group 2, Tract 618.00; Block Group 3, Tract 619.00;
Block Group 2, Tract 624.00; Block Group 3, Tract 624.00; Block Group 4,
Tract 624.00; Block Group 5, Tract 626.00; Block Group 1, Tract 626.00;
Block Group 2, Tract 628.01; Block Group 2, Tract 628.01; Block Group 3,
Tract 634.00; Block Group 2, Tract 634.00; Block Group 3, Tract 634.00;
Block Group 4, Tract 634.00; Block Group 5, Tract 634.00; Block Group 6,
Tract 715.05; Block Group 1, Tract 715.05; Block Group 2, Tract 718.03;
Block Group 1, Tract 718.03; Block Group 3, Tract 718.06; Block Group 2,
Tract 723.06; Block Group 2, Pierce County (Part) - Blocks: Tract 617.00;
Block 5019, Block 5020, Tract 618.00; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Tract 619.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Tract 624.00; Block 2003, Block 2004, Block 2005, Block 2006,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Tract 626.00; Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
(2002 Ed.)
Legislative Districts and Apportionment
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block 3051, Block 3052,
Block 3053, Block 3054, Block 3055, Block 3056, Block 3057, Block 3058,
Block 3059, Block 3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3067, Block 3068, Block 3069, Block 3070,
Block 3071, Block 3072, Block 3073, Block 3074, Block 3075, Block 3076,
Block 3077, Block 3078, Block 3079, Block 3080, Block 3081, Block 3082,
Block 3083, Block 3084, Block 3085, Block 3086, Block 3087, Block 3088,
Block 3089, Block 3090, Tract 628.01; Block 1009, Block 1010,
Block 1011, Block 1012, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Tract 634.00;
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Tract 714.08; Block 1000, Block 1004, Block 1005,
Tract 715.05; Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Tract 715.06; Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Tract 716.01; Block 2005,
Tract 716.02; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Tract 717.06; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Tract 718.03; Block 2000, Block 2001, Block 2002,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 4000, Block 4001,
Block 4003, Block 4004, Block 4005, Tract 718.06; Block 1002,
Block 1003, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Tract 719.01;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 2000, Block 2001, Block 2002, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2999, Block 3000, Block 3001,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3009,
Tract 721.06; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1011, Block 1012.
District 30: King County (Part) - Tracts: 299.01, 300.02, 300.04,
301.00, 302.01, 302.02, 303.03, 303.04, 303.05, 303.06, 303.08, 303.09,
303.10, 303.11, 303.12, 304.03, 304.04, 309.01, 309.02, King County (Part)
- Block Groups Tract 298.02; Block Group 1, Tract 298.02; Block
Group 2, Tract 298.02; Block Group 3, Tract 298.02; Block Group 4,
Tract 298.02; Block Group 5, Tract 299.02; Block Group 1, Tract 300.03;
Block Group 5, Tract 304.01; Block Group 1, Tract 304.01; Block Group 3,
Tract 304.01; Block Group 4, Tract 304.01; Block Group 5, King County
(Part) - Blocks: Tract 298.01; Block 6020, Block 6021, Tract 298.02;
Block 6000, Block 6001, Block 6002, Block 6003, Block 6004, Block 6005,
Block 6006, Block 6007, Block 6008, Block 6011, Block 6012, Block 6013,
Block 6014, Block 6015, Tract 299.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 3002, Block 3005, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3023, Block 3024, Block 3025,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3035,
Block 3036, Tract 300.03; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 3006,
Tract 304.01; Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
(2002 Ed.)
Chapter 44.07D
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2046, Block 2047,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
Block 2054, Block 2055, Tract 305.01; Block 1006, Block 1007,
Block 1010, Tract 308.01; Block 1003, Block 1004, Block 1005,
Block 1006, Tract 310.00; Block 1018, Block 1019, Block 1021,
Block 1039.
District 31: King County (Part) - Tracts: 307.00, 308.02, 311.00,
312.02, 313.01, 313.02, 314.00, King County (Part) - Block Groups
Tract 308.01; Block Group 3, Tract 308.01; Block Group 4, Tract 312.04;
Block Group 6, Tract 315.02; Block Group 2, Tract 315.02; Block Group 3,
Tract 315.02; Block Group 4, King County (Part) - Blocks: Tract 305.01;
Block 1074, Block 1075, Block 1076, Block 1077, Tract 306.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031,
Block 2032, Block 2033, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Tract 308.01; Block 1000, Block 1001, Block 1002, Block 1007,
Block 2000, Block 2001, Block 2002, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Tract 310.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1020, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Tract 312.04; Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Tract 315.01; Block 1030, Block 1034, Block 1035,
Block 1036, Block 1037, Block 2006, Block 2007, Block 2008, Block 2014,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block 2065, Block 2066,
Block 2067, Block 2068, Block 2069, Block 2070, Block 2071, Block 2072,
Block 2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080,
Block 2081, Block 2082, Block 2083, Block 2084, Block 2085, Block 2086,
Block 2087, Block 2088, Block 2089, Block 2090, Block 2091, Block 2092,
Block 2093, Block 2094, Block 2095, Block 2096, Block 2097, Block 2098,
Block 2099, Block 2100, Block 2101, Block 2102, Block 2103, Block 2104,
Block 2105, Block 2106, Block 2107, Block 2108, Block 2109, Block 2110,
Block 2111, Block 2112, Block 2999, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3040, Block 3041, Block 3042, Block 3043,
Tract 315.02; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1094, Block 1095, Block 1097, Block 1098, Block 1099,
Block 1100, Block 1101, Block 1102, Block 1103, Block 1104, Block 1105,
Block 1116, Block 1117, Block 1118, Block 1122, Block 1123, Block 1124,
Block 1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130,
Block 1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136,
Block 1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142,
Block 1143, Block 1144, Block 1145, Block 1146, Block 1147, Block 1148,
Block 1149, Block 1150, Block 1151, Block 1152, Block 1153, Block 1154,
Block 1155, Block 1156, Block 1157, Block 1158, Block 1159, Block 1160,
Block 1161, Block 1162, Block 1163, Block 1164, Block 1165, Block 1166,
Block 1167, Block 1168, Block 1169, Block 1170, Block 1171, Block 1172,
Block 1173, Block 1174, Block 1175, Block 1176, Block 1177, Block 1178,
Block 1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184,
[Title 44 RCW—page 25]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190,
Block 1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196,
Block 1197, Block 1198, Block 1199, Block 1200, Block 1201, Block 1202,
Block 1203, Block 1204, Block 1205, Block 1206, Block 1207, Block 1208,
Block 1209, Block 1210, Block 1211, Block 1212, Block 1213, Block 1214,
Block 1215, Block 1216, Block 1217, Block 1218, Block 1219, Block 1220,
Block 1221, Block 1222, Block 1223, Block 1224, Block 1225, Block 1226,
Block 1227, Block 1228, Block 1229, Block 1230, Block 1231, Block 1232,
Block 1233, Block 1234, Block 1235, Block 1236, Block 1237, Block 1238,
Block 1239, Block 1240, Block 1241, Block 1242, Block 1243, Block 1244,
Block 1245, Block 1246, Block 1247, Block 1248, Block 1249, Block 1250,
Block 1251, Block 1252, Block 1253, Block 1254, Block 1255, Block 1256,
Block 1257, Block 1258, Block 1259, Block 1260, Block 1261, Block 1262,
Block 1263, Block 1264, Block 1265, Block 1266, Block 1267, Block 1268,
Block 1269, Block 1270, Block 1271, Block 1272, Block 1273, Block 1274,
Block 1275, Block 1276, Block 1277, Block 1278, Block 1279, Block 1280,
Block 1281, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286,
Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292,
Block 1293, Block 1294, Block 1295, Block 1296, Block 1297, Block 1298,
Block 1299, Block 1300, Block 1301, Block 1302, Block 1303, Block 1304,
Block 1305, Block 1306, Block 1307, Block 1308, Block 1309, Block 1310,
Block 1311, Block 1312, Block 1313, Block 1314, Block 1315, Block 1316,
Block 1317, Block 1318, Block 1319, Block 1320, Block 1321, Block 1322,
Block 1323, Block 1324, Block 1325, Block 1326, Block 1327, Block 1328,
Block 1329, Block 1330, Block 1331, Block 1332, Block 1333, Block 1334,
Block 1335, Block 1336, Block 1337, Block 1338, Block 1339, Block 1340,
Block 1341, Block 1342, Block 1343, Block 1344, Block 1345, Block 1346,
Block 1347, Block 1348, Block 1349, Block 1350, Block 1351, Block 1352,
Block 1353, Block 1354, Block 1355, Block 1356, Block 1357, Block 1358,
Block 1359, Block 1360, Block 1361, Block 1362, Block 1363, Block 1364,
Block 1365, Block 1366, Block 1367, Block 1368, Block 1369, Block 1370,
Block 1371, Block 1372, Block 1373, Block 1374, Block 1375, Block 1376,
Block 1377, Block 1378, Block 1379, Block 1380, Block 1381, Block 1382,
Block 1383, Block 1384, Block 1385, Block 1386, Block 1387, Block 1388,
Block 1389, Block 1390, Block 1391, Block 1392, Block 1393, Block 1394,
Block 1395, Block 1396, Block 1397, Block 1398, Block 1399, Block 1400,
Block 1401, Block 1402, Block 1403, Block 1404, Block 1405, Block 1406,
Block 1407, Block 1408, Block 1409, Block 1410, Block 1411, Block 1412,
Block 1413, Block 1414, Block 1415, Block 1416, Block 1417, Block 1418,
Block 1419, Block 1420, Block 1421, Block 1422, Block 1423, Block 1424,
Block 1425, Block 1426, Block 1427, Block 1428, Block 1429, Block 1430,
Block 1431, Block 1432, Block 1433, Block 1434, Block 1435, Block 1436,
Block 1437, Block 1438, Block 1439, Block 1440, Block 1441, Block 1442,
Block 1443, Block 1444, Block 1445, Block 1446, Block 1447, Block 1448,
Block 1449, Block 1450, Block 1451, Block 1452, Block 1453, Block 1454,
Block 1455, Block 1456, Block 1457, Block 1458, Block 1459, Block 1460,
Block 1461, Block 1462, Block 1463, Block 1464, Block 1465, Block 1466,
Block 1467, Block 1468, Block 1469, Block 1470, Block 1471, Block 1472,
Block 1473, Block 1474, Block 1475, Block 1476, Block 1477, Block 1478,
Block 1479, Block 1480, Block 1481, Block 1482, Block 1483, Block 1484,
Block 1485, Block 1486, Block 1487, Block 1488, Block 1489, Block 1490,
Block 1491, Block 1492, Block 1493, Block 1494, Block 1495, Block 1496,
Block 1497, Block 1498, Block 1499, Block 1500, Block 1501, Block 1502,
Block 1503, Block 1504, Block 1505, Block 1506, Block 1507, Block 1508,
Block 1509, Block 1510, Block 1511, Block 1512, Block 1513, Block 1514,
Block 1515, Block 1516, Block 1517, Block 1518, Block 1519, Block 1520,
Block 1521, Block 1522, Block 1523, Block 1524, Block 1525, Block 1526,
Block 1527, Block 1528, Block 1529, Block 1530, Block 1531, Block 1532,
Block 1536, Block 1537, Block 1538, Block 1539, Block 1992, Block 1993,
Block 1994, Block 1995, Block 1996, Block 1997, Tract 316.02;
Block 2012, Block 2013, Block 2014, Block 2015, Tract 316.03;
Block 3011, Block 3012, Block 4016, Block 4017, Tract 327.02;
Block 5167, Block 5168, Block 5169, Block 5170, Block 5171, Block 5172,
Block 5173, Block 5174, Block 5175, Block 5176, Block 5177, Block 5178,
Block 5179, Block 5180, Block 5181, Block 5182, Block 5183, Pierce
County (Part) - Tracts: 702.04, 702.05, 702.07, 703.03, 703.06, 703.07,
703.08, 703.09, 703.10, 703.11, 706.00, 733.01, Pierce County (Part) Block Groups Tract 702.03; Block Group 2, Tract 702.03; Block Group 3,
Tract 702.06; Block Group 2, Tract 704.01; Block Group 1, Tract 707.01;
Block Group 1, Tract 707.01; Block Group 2, Tract 707.01; Block Group 3,
Tract 707.01; Block Group 4, Tract 707.01; Block Group 5, Tract 733.02;
Block Group 2, Tract 733.02; Block Group 3, Pierce County (Part) - Blocks:
Tract 701.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
[Title 44 RCW—page 26]
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1070, Block 1071, Block 1072, Block 1073, Block 1078, Block 1079,
Block 1080, Block 1081, Block 1082, Block 1083, Block 1084, Block 1085,
Block 1086, Block 1087, Block 1089, Block 1091, Block 1092, Block 1093,
Block 1094, Block 1095, Block 1096, Block 1097, Block 1098, Block 1099,
Block 1100, Block 1101, Block 1102, Block 1127, Block 1128, Block 1134,
Block 1135, Block 1136, Block 1137, Block 1138, Block 1139, Block 1140,
Block 1141, Block 1142, Block 1143, Block 1144, Block 1145, Block 1146,
Block 1147, Block 1148, Block 1149, Block 1150, Block 1151, Block 1152,
Block 1153, Block 1154, Block 1155, Block 1156, Block 1157, Block 1158,
Block 1159, Block 1160, Block 1161, Block 1162, Block 1163, Block 1164,
Block 1165, Block 1166, Block 1167, Block 1168, Block 1169, Block 1170,
Block 1171, Block 1172, Block 1173, Block 1174, Block 1175, Block 1176,
Block 1177, Block 1178, Block 1179, Block 1180, Block 1181, Block 1182,
Block 1183, Block 1184, Block 1185, Block 1186, Block 1187, Block 1188,
Block 1189, Block 1190, Block 1191, Block 1192, Block 1193, Block 1194,
Block 1195, Block 1196, Block 1197, Block 1198, Block 1199, Block 1200,
Block 1201, Block 1202, Block 1203, Block 1204, Block 1205, Block 1206,
Block 1207, Block 1208, Block 1209, Block 1210, Block 1211, Block 1212,
Block 1213, Block 1214, Block 1215, Block 1216, Block 1217, Block 1218,
Block 1219, Block 1220, Block 1221, Block 1222, Block 1223, Block 1224,
Block 1225, Block 1226, Block 1227, Block 1228, Block 1229, Block 1230,
Block 1231, Block 1232, Block 1233, Block 1234, Block 1235, Block 1236,
Block 1237, Block 1238, Block 1239, Block 1240, Block 1241, Block 1242,
Block 1243, Block 1244, Block 1245, Block 1246, Block 1247, Block 1248,
Block 1249, Block 1250, Block 1251, Block 1252, Block 1253, Block 1254,
Block 1255, Block 1256, Block 1257, Block 1258, Block 1259, Block 1260,
Block 1261, Block 1262, Block 1263, Block 1264, Block 1265, Block 1266,
Block 1267, Block 1268, Block 1269, Block 1270, Block 1271, Block 1272,
Block 1273, Block 1274, Block 1275, Block 1276, Block 1277, Block 1278,
Block 1279, Block 1280, Block 1281, Block 1282, Block 1283, Block 1284,
Block 1285, Block 1286, Block 1287, Block 1288, Block 1289, Block 1290,
Block 1291, Block 1292, Block 1293, Block 1294, Block 1295, Block 1296,
Block 1297, Block 1298, Block 1299, Block 1300, Block 1301, Block 1302,
Block 1303, Block 1304, Block 1305, Block 1306, Block 1307, Block 1308,
Block 1309, Block 1310, Block 1311, Block 1312, Block 1313, Block 1314,
Block 1315, Block 1316, Block 1317, Block 1318, Block 1319, Block 1320,
Block 1321, Block 1322, Block 1323, Block 1324, Block 1325, Block 1326,
Block 1327, Block 1328, Block 1329, Block 1330, Block 1331, Block 1332,
Block 1333, Block 1334, Block 1335, Block 1336, Block 1337, Block 1338,
Block 1339, Block 1340, Block 1341, Block 1342, Block 1343, Block 1344,
Block 1345, Block 1346, Block 1347, Block 1348, Block 1349, Block 1350,
Block 1351, Block 1352, Block 1353, Block 1354, Block 1355, Block 1356,
Block 1357, Block 1358, Block 1359, Block 1360, Block 1361, Block 1362,
Block 1363, Block 1364, Block 1365, Block 1366, Block 1367, Block 1368,
Block 1369, Block 1370, Block 1371, Block 1372, Block 1373, Block 1374,
Block 1375, Block 1376, Block 1377, Block 1378, Block 1379, Block 1380,
Block 1381, Block 1382, Block 1383, Block 1384, Block 1385, Block 1386,
Block 1387, Block 1388, Block 1389, Block 1390, Block 1391, Block 1392,
Block 1393, Block 1394, Block 1395, Block 1396, Block 1397, Block 1398,
Block 1406, Block 1996, Block 1997, Block 1998, Block 1999, Block 2000,
Block 2002, Block 2003, Block 2007, Block 2008, Tract 702.03;
Block 1000, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Tract 702.06; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1028, Block 1036, Block 1037,
Block 1040, Block 1041, Block 1042, Tract 704.01; Block 2000,
Block 2001, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Tract 707.01; Block 6000, Block 6001, Block 6002,
Block 6003, Block 6004, Block 6005, Block 6006, Block 6007, Block 6008,
Block 6009, Block 6010, Block 6011, Block 6012, Block 6013, Block 6014,
Block 6015, Block 6016, Block 6017, Block 6018, Tract 707.04;
Block 1000, Block 2002, Block 2003, Tract 712.10; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 3000, Block 3001, Block 3002, Tract 733.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
(2002 Ed.)
Legislative Districts and Apportionment
Block 1007, Block 1008,
Block 1013, Block 1014,
Block 1019, Block 1020,
Block 1025, Block 1026,
Block 1042.
Block 1009, Block 1010, Block 1011,
Block 1015, Block 1016, Block 1017,
Block 1021, Block 1022, Block 1023,
Block 1027, Block 1028, Block 1029,
Block
Block
Block
Block
1012,
1018,
1024,
1030,
District 32: King County (Part) - Tracts: 201.00, 202.00, 203.00,
204.01, 204.02, 205.00, 206.00, 207.00, 208.00, 209.00, 210.00, 211.00,
213.00, 214.00, 215.00, 216.00, 221.01, 222.01, 223.00, King County (Part)
- Block Groups Tract 217.00; Block Group 1, Tract 217.00; Block
Group 3, Tract 221.02; Block Group 2, Tract 221.02; Block Group 3,
Tract 222.02; Block Group 3, Tract 222.02; Block Group 4, Tract 222.02;
Block Group 6, Tract 222.03; Block Group 2, Tract 222.03; Block Group 3,
King County (Part) - Blocks: Tract 217.00; Block 2001, Block 2002,
Block 2008, Block 2009, Block 2010, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4021, Tract 221.02;
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Tract 222.02; Block 1000, Block 1002, Block 1003,
Block 1004, Block 1005, Tract 222.03; Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4998, Snohomish County
(Part) - Tracts: 507.00, 508.00, Snohomish County (Part) - Block Groups
Tract 504.02; Block Group 2, Tract 504.02; Block Group 3, Tract 505.00;
Block Group 2, Tract 509.00; Block Group 3, Snohomish County (Part) Blocks: Tract 504.02; Block 4005, Tract 505.00; Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 4024, Block 4027,
Block 4028, Tract 506.00; Block 1000, Block 1001, Block 1002,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1998, Block 1999,
Tract 509.00; Block 1007, Block 1008, Block 2008.
District 33: King County (Part) - Tracts: 280.00, 284.02, 284.03,
285.00, 287.00, 288.01, 289.01, 289.02, 290.01, 290.03, 290.04, 291.00,
292.03, 292.04, 294.07, King County (Part) - Block Groups Tract 286.00;
Block Group 1, Tract 286.00; Block Group 2, Tract 286.00; Block Group 3,
Tract 286.00; Block Group 4, Tract 286.00; Block Group 6, Tract 288.02;
Block Group 1, Tract 288.02; Block Group 2, Tract 288.02; Block Group 3,
Tract 288.02; Block Group 5, Tract 292.01; Block Group 1, Tract 292.01;
Block Group 2, Tract 292.01; Block Group 3, Tract 292.01; Block Group 5,
Tract 293.05; Block Group 2, Tract 294.03; Block Group 1, Tract 294.08;
Block Group 1, Tract 295.03; Block Group 1, Tract 295.03; Block Group 2,
Tract 295.03; Block Group 3, Tract 297.00; Block Group 1, Tract 297.00;
Block Group 3, Tract 297.00; Block Group 4, Tract 297.00; Block Group 5,
Tract 298.01; Block Group 1, Tract 298.01; Block Group 2, Tract 298.01;
Block Group 3, Tract 298.01; Block Group 4, Tract 298.01; Block Group 5,
Tract 300.03; Block Group 1, Tract 300.03; Block Group 4, Tract 300.03;
Block Group 6, King County (Part) - Blocks: Tract 262.00; Block 1086,
Tract 278.00; Block 2000, Block 3008, Block 3009, Block 4008,
Block 4009, Tract 279.00; Block 1000, Block 1014, Block 1015,
Block 1033, Block 1034, Block 2000, Block 2001, Block 2006, Block 2007,
Block 2008, Block 2009, Block 3000, Block 3001, Block 3016, Block 3017,
Block 3018, Tract 281.00; Block 1001, Block 1002, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Tract 283.00; Block 1002, Block 1006, Block 1008,
Block 1009, Block 1010, Block 1011, Block 2001, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 3006, Block 3007, Block 3009,
Block 3010, Block 3011, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Tract 286.00; Block 5000,
Block 5004, Block 5006, Block 5007, Block 5010, Block 5011, Block 5012,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block 5020,
Block 5021, Block 5022, Block 5999, Tract 288.02; Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4999, Tract 292.01; Block 4004, Block 4005, Block 4006,
(2002 Ed.)
Chapter 44.07D
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4013, Block 4014, Block 4015, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4020, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block 4029, Block 4030,
Block 4031, Block 4032, Block 4033, Block 4034, Block 4035, Block 4036,
Block 4037, Block 4038, Block 4039, Block 4040, Block 4041, Block 4042,
Block 4043, Block 4044, Block 4045, Block 4046, Block 4047, Block 4048,
Block 4049, Block 4050, Block 4051, Block 4052, Block 4053, Block 4054,
Block 4055, Block 4056, Block 4057, Block 4058, Block 4059, Block 4060,
Block 4061, Block 4062, Block 4063, Block 4064, Block 4065, Block 4066,
Block 4067, Block 4068, Block 4069, Block 4070, Block 4071, Block 4072,
Block 4073, Block 4074, Block 4075, Block 4076, Block 4077, Block 4078,
Block 4079, Block 4080, Block 4081, Block 4082, Block 4083, Block 4084,
Block 4085, Block 4086, Block 4087, Block 4088, Block 4089, Block 4090,
Block 4091, Block 4092, Block 4093, Block 4094, Block 4095, Block 4096,
Block 4097, Block 4098, Block 4099, Tract 293.03; Block 3020,
Block 3022, Tract 293.05; Block 1001, Block 1003, Block 1004,
Block 1005, Block 1006, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Tract 294.03; Block 2003, Block 2004, Block 2005,
Block 3006, Block 3007, Tract 294.08; Block 2000, Block 2001,
Block 2002, Block 2003, Block 3001, Tract 297.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2018, Block 2027, Block 2028,
Tract 298.01; Block 6000, Block 6001, Block 6002, Block 6003,
Block 6004, Block 6005, Block 6006, Block 6007, Block 6008, Block 6009,
Block 6010, Block 6011, Block 6012, Block 6013, Block 6014, Block 6015,
Block 6016, Block 6017, Block 6018, Block 6019, Block 6022, Block 6023,
Block 6024, Block 6025, Block 6026, Block 6998, Block 6999,
Tract 300.03; Block 2013, Block 2014, Block 2015, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Tract 305.03; Block 3000, Block 3001.
District 34: King County (Part) - Tracts: 96.00, 97.01, 97.02, 98.00,
99.00, 105.00, 106.00, 107.00, 108.00, 113.00, 114.00, 115.00, 116.00,
120.00, 121.00, 265.00, 266.00, 267.00, 276.00, 277.01, 277.02, King
County (Part) - Block Groups Tract 268.01; Block Group 3, Tract 268.01;
Block Group 4, Tract 268.01; Block Group 5, Tract 268.02; Block Group 1,
Tract 268.02; Block Group 5, Tract 278.00; Block Group 1, Tract 279.00;
Block Group 4, Tract 279.00; Block Group 5, Tract 279.00; Block Group 6,
King County (Part) - Blocks: Tract 112.00; Block 1018, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Tract 264.00; Block 4008, Tract 268.02; Block 2001, Block 2002,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Tract 269.00; Block 2006, Block 2007, Tract 275.00; Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 4003,
Block 4004, Block 4006, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4014, Block 5002, Block 5003, Block 5005, Block 5006, Block 5007,
Block 5008, Block 5011, Tract 278.00; Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2999, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4010, Tract 279.00; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2010, Block 2011, Block 2012, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Tract 286.00; Block 5001, Block 5002, Block 5003,
Block 5005, Block 5008, Block 5009, Block 5018, Block 5019.
District 35: Grays Harbor County (Part) - Tract 6.00, Grays Harbor
County (Part) - Block Groups Tract 5.00; Block Group 1, Tract 5.00; Block
Group 2, Tract 5.00; Block Group 3, Tract 5.00; Block Group 5, Grays
Harbor County (Part) - Blocks: Tract 5.00; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 4021, Block 4022, Block 4023, Block 4024, Block 4025,
Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block 4031,
Block 4032, Block 4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Block 4039, Block 4040, Block 4041, Block 4042, Block 4043,
Block 4044, Block 4045, Block 4046, Block 4047, Block 4048, Block 4049,
[Title 44 RCW—page 27]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 4050, Block 4051, Block 4052, Block 4053, Block 4054, Block 4055,
Block 4056, Block 4057, Block 4058, Block 4059, Block 4060, Block 4061,
Block 4062, Block 4063, Block 4064, Block 4065, Block 4066, Block 4069,
Block 4070, Block 4071, Block 4072, Block 4084, Block 4085, Block 4086,
Block 4087, Block 4088, Block 4089, Block 4090, Block 4091, Block 4092,
Block 4093, Tract 7.00; Block 1000, Block 1001, Block 1002, Block 1058,
Block 1059, Block 1060, Block 1279, Block 1280, Block 1998, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2046, Block 2047,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
Block 2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059,
Block 2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2065,
Block 2066, Block 2067, Block 2068, Block 2069, Block 2070, Block 2071,
Block 2072, Block 2073, Block 2074, Block 2075, Block 2076, Block 2077,
Block 2078, Block 2079, Block 2080, Block 2081, Block 2082, Block 2083,
Block 2084, Block 2085, Block 2086, Block 2087, Block 2088, Block 2089,
Block 2090, Block 2091, Block 2092, Block 2093, Block 2094, Block 2095,
Block 2096, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101,
Block 2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107,
Block 2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2114, Block 2115, Block 2116, Block 2117, Block 2118, Block 2119,
Block 2120, Block 2121, Block 2122, Block 2123, Block 2124, Block 2125,
Block 2126, Block 2127, Block 2128, Block 2129, Block 2130, Block 2131,
Block 2132, Block 2133, Block 2134, Block 2135, Block 2136, Block 2137,
Block 2138, Block 2139, Block 2140, Block 2141, Block 2142, Block 2143,
Block 2144, Block 2145, Block 2150, Block 2151, Block 2152, Block 2153,
Block 2154, Block 2155, Block 2156, Block 2159, Block 2161, Block 2162,
Block 2163, Block 2164, Block 2165, Block 2166, Block 2167, Block 2168,
Block 2169, Block 2170, Block 2171, Block 2172, Block 2173, Block 2993,
Block 2994, Block 2995, Block 2996, Block 2997, Block 2998, Block 2999,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3026,
Block 3027, Block 3028, Block 3029, Block 3030, Block 3031, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Block 3051, Block 3052, Block 3053,
Block 3054, Block 3055, Block 3056, Block 3057, Block 3058, Block 3059,
Block 3060, Block 3061, Block 3062, Block 3063, Block 3064, Block 3065,
Block 3066, Block 3067, Block 3068, Block 3069, Block 3070, Block 3071,
Block 3072, Block 3073, Block 3074, Block 3075, Block 3076, Block 3077,
Block 3078, Block 3079, Block 3080, Block 3081, Block 3082, Block 3083,
Block 3084, Block 3085, Block 3086, Block 3087, Block 3088, Block 3089,
Block 3090, Block 3091, Block 3092, Block 3093, Block 3094, Block 3095,
Block 3096, Block 3097, Block 3098, Block 3099, Block 3100, Block 3101,
Block 3102, Block 3103, Block 3104, Block 3105, Block 3106, Block 3107,
Block 3108, Block 3109, Block 3110, Block 3111, Block 3112, Block 3113,
Block 3114, Block 3115, Block 3116, Block 3117, Block 3118, Block 3119,
Block 3120, Block 3121, Block 3122, Block 3123, Block 3124, Block 3125,
Block 3126, Block 3127, Block 3128, Block 3129, Block 3130, Block 3131,
Block 3132, Block 3133, Block 3134, Block 3135, Block 3136, Block 3137,
Block 3138, Block 3139, Block 3140, Block 3141, Block 3142, Block 3143,
Block 3144, Block 3145, Block 3146, Block 3147, Block 3148, Block 3149,
Block 3150, Block 3151, Block 3152, Block 3153, Block 3154, Block 3155,
Block 3156, Block 3157, Block 3158, Block 3159, Block 3160, Block 3161,
Block 3162, Block 3163, Block 3164, Block 3165, Block 3166, Block 3167,
Block 3168, Block 3169, Block 3170, Block 3171, Block 3172, Block 3173,
Block 3174, Block 3175, Block 3176, Block 3177, Block 3178, Block 3179,
Block 3180, Block 3181, Block 3182, Block 3183, Block 3184, Block 3185,
Block 3186, Block 3187, Block 3188, Block 3189, Block 3190, Block 3191,
Block 3192, Block 3193, Block 3194, Block 3195, Block 3196, Block 3197,
Block 3198, Block 3199, Block 3991, Block 3992, Block 3993, Block 3994,
Block 3995, Block 3996, Block 3997, Block 3998, Block 3999, Kitsap
County (Part) - Tracts: 807.00, 808.00, 913.01, 914.00, 920.00, 929.01,
Kitsap County (Part) - Block Groups Tract 801.01; Block Group 1,
Tract 801.02; Block Group 2, Tract 801.02; Block Group 3, Tract 806.00;
Block Group 1, Tract 806.00; Block Group 2, Tract 809.00; Block Group 2,
Tract 913.02; Block Group 4, Tract 913.02; Block Group 5, Kitsap County
(Part) - Blocks: Tract 802.00; Block 1011, Block 1012, Block 1013,
[Title 44 RCW—page 28]
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Tract 803.00; Block 1000, Block 1001, Block 1003,
Block 1004, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2999, Tract 806.00; Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4999, Block 5000, Block 5001,
Block 5002, Block 5999, Tract 809.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1039, Block 1040, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Tract 810.00; Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2015, Block 3001, Block 3009, Block 3010,
Tract 913.02; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1998, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Tract 921.00; Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3034, Block 3035, Block 3036, Block 3037, Block 3038,
Block 3039, Block 3040, Block 3041, Block 3042, Block 3043, Block 3044,
Block 3045, Block 3046, Block 3047, Block 3048, Block 3049, Block 3050,
Block 3051, Block 3052, Block 3053, Block 3054, Block 3055, Block 3056,
Block 3057, Block 3058, Block 3059, Block 3060, Block 3061, Block 3062,
Block 3063, Block 3064, Block 3065, Block 3066, Block 3067, Block 3068,
Block 3069, Block 3070, Block 3071, Block 3072, Block 3073, Block 3074,
Block 3075, Block 3076, Block 3077, Block 3078, Block 3079, Block 3080,
Block 3081, Block 3082, Block 3083, Tract 929.02; Block 1005,
Block 1006, Block 4003, Block 4004, Block 4005, Mason County, Thurston
County (Part) - Tracts: 119.00, Thurston County (Part) - Blocks:
Tract 109.00; Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 3034, Block 3035, Block 3036,
Tract 110.00; Block 1014, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1023, Block 1024, Block 1026, Block 1027, Block 1998,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031,
Block 2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037,
Block 2038, Block 2039, Block 2040, Block 2041, Block 2998, Block 2999,
Tract 118.10; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1070, Block 1071, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1076, Block 1077, Block 1078, Block 1079, Block 1080, Block 1081,
Block 1082, Block 1083, Block 1084, Block 1085, Block 1086, Block 1087,
Block 1088, Block 1089, Block 1090, Block 1091, Block 1092, Block 1093,
Block 1094, Block 1095, Block 1096, Block 1097, Block 1098, Block 1099,
Block 1100, Block 1119, Block 1121, Block 1122, Block 1123, Block 1124,
(2002 Ed.)
Legislative Districts and Apportionment
Tract 118.20; Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 2003.
District 36: King County (Part) - Tracts: 15.00, 16.00, 29.00, 30.00,
31.00, 32.00, 33.00, 34.00, 47.00, 56.00, 57.00, 58.01, 58.02, 59.00, 60.00,
67.00, 68.00, 69.00, 70.00, 71.00, 72.00, King County (Part) - Block Groups
Tract 14.00; Block Group 3, Tract 14.00; Block Group 4, Tract 14.00;
Block Group 5, Tract 17.00; Block Group 4, Tract 17.00; Block Group 5,
Tract 17.00; Block Group 6, Tract 17.00; Block Group 7, Tract 35.00;
Block Group 1, Tract 35.00; Block Group 2, Tract 35.00; Block Group 4,
Tract 35.00; Block Group 5, Tract 48.00; Block Group 3, Tract 48.00;
Block Group 4, Tract 80.01; Block Group 1, Tract 80.01; Block Group 2,
Tract 80.02; Block Group 2, King County (Part) - Blocks: Tract 5.00;
Block 1999, Tract 14.00; Block 2005, Block 2006, Block 2007, Block 6007,
Block 6008, Block 6009, Block 6010, Block 6011, Block 6012, Tract 17.00;
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Tract 35.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Tract 48.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1015, Block 1016, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Tract 80.01;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3024,
Block 3025, Block 3997, Block 3998, Tract 80.02; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004.
District 37: King County (Part) - Tracts: 88.00, 89.00, 90.00, 91.00,
94.00, 95.00, 101.00, 102.00, 103.00, 111.01, 111.02, 118.00, 260.01, King
County (Part) - Block Groups Tract 77.00; Block Group 1, Tract 77.00;
Block Group 2, Tract 77.00; Block Group 3, Tract 78.00; Block Group 2,
Tract 78.00; Block Group 3, Tract 78.00; Block Group 4, Tract 78.00;
Block Group 5, Tract 78.00; Block Group 6, Tract 78.00; Block Group 7,
Tract 79.00; Block Group 1, Tract 85.00; Block Group 3, Tract 86.00;
Block Group 3, Tract 87.00; Block Group 1, Tract 87.00; Block Group 2,
Tract 87.00; Block Group 4, Tract 92.00; Block Group 1, Tract 93.00;
Block Group 1, Tract 100.00; Block Group 1, Tract 100.00; Block Group 2,
Tract 100.00; Block Group 6, Tract 104.00; Block Group 1, Tract 117.00;
Block Group 1, Tract 117.00; Block Group 4, Tract 119.00; Block Group 1,
Tract 119.00; Block Group 2, Tract 119.00; Block Group 3, Tract 119.00;
Block Group 5, Tract 119.00; Block Group 6, Tract 253.00; Block Group 6,
Tract 260.02; Block Group 2, Tract 260.02; Block Group 3, Tract 260.02;
Block Group 4, Tract 260.02; Block Group 5, Tract 261.00; Block Group 2,
Tract 261.00; Block Group 3, Tract 261.00; Block Group 6, King County
(Part) - Blocks: Tract 63.00; Block 4005, Tract 77.00; Block 4000,
Block 4001, Block 4002, Block 4003, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 5012,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Tract 78.00;
Block 1001, Block 1002, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1998, Tract 79.00; Block 2000, Block 2001,
Block 2004, Block 2005, Block 2007, Block 2008, Block 2009, Tract 81.00;
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1053,
Block 1054, Block 1055, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Tract 85.00; Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Tract 86.00; Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Tract 87.00; Block 3000, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Tract 92.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2998,
Block 2999, Tract 93.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
(2002 Ed.)
Chapter 44.07D
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2997, Block 2998, Block 2999,
Tract 100.00; Block 3000, Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 5000, Block 5001, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5012, Block 5013, Block 5014,
Block 5015, Block 5016, Block 5018, Block 5019, Block 7000, Block 7001,
Block 7002, Block 7003, Block 7004, Block 7005, Block 7013, Block 7014,
Block 7015, Block 7016, Block 7021, Block 7022, Block 7023, Block 7024,
Tract 104.00; Block 2000, Block 2001, Block 2002, Block 2004,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 8000, Block 8001, Block 8002, Block 8003, Block 8004, Block 8005,
Block 8006, Block 8007, Block 8008, Block 8009, Block 8010,
Tract 110.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 2000,
Block 2001, Block 2002, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 5012, Tract 117.00;
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 3004, Block 3005, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Tract 119.00; Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Tract 253.00; Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036,
Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042,
Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048,
Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054,
Block 3055, Block 3056, Block 3057, Block 5000, Block 5001, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5012, Block 5013, Block 5014,
Block 5015, Block 5016, Block 5017, Block 5018, Block 5019, Block 5020,
Block 5021, Block 5025, Block 5997, Block 5998, Block 5999,
Tract 260.02; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1030, Tract 261.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 5000, Block 5001,
Block 5002, Block 5009, Tract 263.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1018, Block 1019.
District 38: Snohomish County (Part) - Tracts: 401.00, 402.00,
403.00, 404.00, 405.00, 406.00, 407.00, 408.00, 409.00, 410.00, 411.00,
412.01, 412.02, 413.02, 419.03, 419.04, 529.03, 530.01, 530.02, Snohomish
County (Part) - Block Groups Tract 414.00; Block Group 1, Tract 414.00;
Block Group 2, Tract 414.00; Block Group 4, Tract 414.00; Block Group 5,
Tract 415.00; Block Group 1, Tract 418.05; Block Group 1, Tract 418.05;
Block Group 3, Tract 418.05; Block Group 4, Tract 418.06; Block Group 4,
Tract 418.06; Block Group 5, Tract 418.06; Block Group 6, Tract 418.08;
Block Group 2, Tract 419.05; Block Group 1, Tract 419.05; Block Group 3,
Tract 527.04; Block Group 2, Tract 528.04; Block Group 4, Tract 528.06;
Block Group 2, Tract 528.06; Block Group 3, Tract 529.01; Block Group 3,
Tract 529.01; Block Group 4, Tract 529.04; Block Group 5, Snohomish
County (Part) - Blocks: Tract 413.01; Block 3998, Block 3999, Block 4998,
Tract 414.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3022,
Block 3023, Tract 415.00; Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Tract 416.01; Block 2026, Tract 418.05; Block 2001, Block 2002,
[Title 44 RCW—page 29]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Tract 418.06; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1005, Block 1010, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Tract 418.08;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 3007, Block 3008, Tract 419.01; Block 1000, Block 1002,
Block 1014, Block 1015, Block 2003, Block 2004, Tract 419.05;
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 4000, Block 4001, Tract 521.04; Block 1000, Block 1001,
Block 1002, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1988, Block 1989, Block 1990, Block 1991, Block 1992, Block 1993,
Block 1994, Block 1995, Block 1996, Block 1997, Block 1998, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2072, Block 2073,
Block 2074, Block 2075, Block 2076, Block 2077, Block 2078, Block 2079,
Block 2080, Block 2081, Block 2082, Block 2083, Block 2084, Block 2085,
Block 2086, Block 2969, Block 2970, Block 2971, Block 2972, Block 2973,
Block 2988, Block 2989, Block 2990, Block 2991, Block 2992, Block 2993,
Block 2994, Block 2995, Block 2996, Block 2997, Block 2998, Block 2999,
Tract 527.04; Block 1001, Block 1002, Block 1003, Tract 528.03;
Block 2008, Block 2009, Block 2010, Block 2011, Block 2013, Block 2014,
Block 3010, Tract 528.04; Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1018, Block 2007, Block 2008, Block 2009, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Tract 528.05; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2011, Block 3004, Tract 528.06; Block 1001,
Tract 529.01; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1007, Block 2000, Block 2001, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 5000, Block 5001, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Tract 529.04; Block 1001, Block 1002, Block 1003,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2008, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009.
District 39: King County (Part) - Blocks: Tract 328.00; Block 2073,
Block 2074, Block 2075, Block 2076, Block 2077, Block 2078, Block 2996,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Block 3051, Block 3052, Block 3053,
Block 3054, Block 3055, Block 3056, Block 3057, Block 3058, Block 3059,
Block 3060, Block 3061, Block 3062, Block 3063, Block 3064, Block 3065,
Block 3066, Block 3067, Block 3068, Block 3069, Block 3070, Block 3071,
Block 3072, Block 3073, Block 3074, Block 3075, Block 3076, Block 3077,
Block 3078, Block 3079, Block 3080, Block 3081, Block 3082, Block 3083,
Block 3084, Block 3085, Block 3086, Block 3087, Block 3088, Block 3089,
Block 3090, Block 3091, Block 3154, Block 3155, Block 3156, Block 3157,
Block 3158, Block 3159, Block 3160, Block 3212, Block 3213, Block 3214,
Block 3215, Block 3216, Block 3217, Block 3218, Block 3219, Block 3220,
Block 3221, Block 3222, Block 3223, Block 3224, Block 3225, Block 3226,
Block 3227, Block 3228, Block 3229, Block 3230, Block 3231, Block 3232,
Block 3233, Block 3234, Block 3235, Block 3236, Block 3237, Block 3238,
Block 3239, Block 3240, Block 3241, Block 3242, Block 3243, Block 3244,
Block 3245, Block 3246, Block 3247, Block 3248, Block 3249, Block 3250,
Block 3251, Block 3252, Block 3253, Block 3254, Block 3255, Block 3256,
Block 3257, Block 3258, Block 3259, Block 3260, Block 3261, Block 3262,
Block 3263, Block 3264, Block 3265, Block 3266, Block 3267, Block 3268,
[Title 44 RCW—page 30]
Block 3269, Block 3270, Block 3271, Block 3272, Block 3273, Block 3274,
Block 3275, Block 3276, Block 3277, Block 3278, Block 3279, Block 3280,
Block 3281, Block 3282, Block 3283, Block 3284, Block 3285, Block 3286,
Block 3287, Block 3288, Block 3289, Block 3290, Block 3291, Block 3292,
Block 3293, Block 3294, Block 3295, Block 3296, Block 3297, Block 3298,
Block 3299, Block 3300, Block 3301, Block 3302, Block 3303, Block 3304,
Block 3305, Block 3306, Block 3307, Block 3308, Block 3309, Block 3310,
Block 3311, Block 3312, Block 3313, Block 3314, Block 3315, Block 3316,
Block 3317, Block 3318, Block 3319, Block 3320, Block 3321, Block 3322,
Block 3323, Block 3324, Block 3325, Block 3326, Block 3327, Block 3328,
Block 3329, Block 3330, Block 3331, Block 3332, Block 3333, Block 3334,
Block 3335, Block 3336, Block 3337, Block 3338, Block 3339, Block 3340,
Block 3341, Block 3342, Block 3343, Block 3344, Block 3345, Block 3346,
Block 3347, Block 3348, Block 3349, Block 3350, Block 3351, Block 3352,
Block 3353, Block 3354, Block 3355, Block 3356, Block 3357, Block 3358,
Block 3359, Block 3360, Block 3361, Block 3362, Block 3363, Block 3364,
Block 3365, Block 3366, Block 3367, Block 3368, Block 3369, Block 3370,
Block 3371, Block 3372, Block 3373, Block 3374, Block 3375, Block 3376,
Block 3377, Block 3378, Block 3379, Block 3380, Block 3381, Block 3382,
Block 3383, Block 3384, Block 3385, Block 3386, Block 3387, Block 3388,
Block 3991, Block 3992, Block 3993, Block 3994, Block 3997, Block 3998,
Block 3999, Skagit County (Part) - Tracts: 9510.00, 9511.00, 9513.00,
Skagit County (Part) - Block Groups Tract 9509.00; Block Group 2,
Tract 9514.00; Block Group 2, Tract 9514.00; Block Group 3,
Tract 9514.00; Block Group 4, Tract 9515.00; Block Group 3,
Tract 9515.00; Block Group 4, Tract 9515.00; Block Group 5, Skagit
County (Part) - Blocks: Tract 9512.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061,
Block 1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067,
Block 1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073,
Block 1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079,
Block 1080, Block 1081, Block 1082, Block 1083, Block 1084, Block 1085,
Block 1086, Block 1087, Block 1088, Block 1089, Block 1090, Block 1091,
Block 1092, Block 1093, Block 1094, Block 1095, Block 1096, Block 1097,
Block 1098, Block 1099, Block 1100, Block 1101, Block 1102, Block 1103,
Block 1104, Block 1105, Block 1106, Block 1107, Block 1108, Block 1109,
Block 1110, Block 1111, Block 1112, Block 1113, Block 1114, Block 1115,
Block 1116, Block 1117, Block 1118, Block 1119, Block 1120, Block 1121,
Block 1122, Block 1123, Block 1124, Block 1125, Block 1126, Block 1127,
Block 1128, Block 1129, Block 1130, Block 1131, Block 1132, Block 1133,
Block 1134, Block 1135, Block 1136, Block 1137, Block 1138, Block 1139,
Block 1140, Block 1141, Block 1142, Block 1143, Block 1144, Block 1145,
Block 1146, Block 1147, Block 1148, Block 1149, Block 1150, Block 1151,
Block 1152, Block 1153, Block 1154, Block 1155, Block 1156, Block 1157,
Block 1158, Block 1159, Block 1160, Block 1161, Block 1162, Block 1163,
Block 1164, Block 1165, Block 1166, Block 1167, Block 1168, Block 1169,
Block 1170, Block 1171, Block 1172, Block 1173, Block 1174, Block 1175,
Block 1176, Block 1177, Block 1178, Block 1179, Block 1180, Block 1181,
Block 1182, Block 1183, Block 1184, Block 1185, Block 1186, Block 1187,
Block 1188, Block 1189, Block 1190, Block 1191, Block 1192, Block 1193,
Block 1194, Block 1195, Block 1196, Block 1197, Block 1198, Block 1199,
Block 1200, Block 1201, Block 1202, Block 1203, Block 1204, Block 1205,
Block 1206, Block 1207, Block 1208, Block 1209, Block 1210, Block 1211,
Block 1212, Block 1213, Block 1214, Block 1215, Block 1216, Block 1217,
Block 1218, Block 1219, Block 1220, Block 1221, Block 1222, Block 1223,
Block 1224, Block 1225, Block 1226, Block 1227, Block 1228, Block 1229,
Block 1230, Block 1231, Block 1232, Block 1233, Block 1234, Block 1235,
Block 1236, Block 1237, Block 1238, Block 1239, Block 1240, Block 1241,
Block 1242, Block 1243, Block 1244, Block 1245, Block 1246, Block 1247,
Block 1248, Block 1249, Block 1250, Block 1251, Block 1252, Block 1253,
Block 1254, Block 1255, Block 1256, Block 1257, Block 1258, Block 1259,
Block 1260, Block 1261, Block 1262, Block 1263, Block 1264, Block 1265,
Block 1266, Block 1267, Block 1268, Block 1269, Block 1270, Block 1271,
Block 1272, Block 1273, Block 1274, Block 1275, Block 1276, Block 1277,
Block 1278, Block 1279, Block 1280, Block 1281, Block 1282, Block 1283,
Block 1284, Block 1285, Block 1286, Block 1287, Block 1288, Block 1289,
Block 1290, Block 1291, Block 1292, Block 1293, Block 1294, Block 1295,
(2002 Ed.)
Legislative Districts and Apportionment
Block 1296, Block 1297, Block 1298, Block 1299, Block 1300, Block 1301,
Block 1302, Block 1303, Block 1304, Block 1305, Block 1306, Block 1307,
Block 1308, Block 1309, Block 1310, Block 1311, Block 1312, Block 1313,
Block 1314, Block 1315, Block 1316, Block 1317, Block 1318, Block 1319,
Block 1320, Block 1321, Block 1322, Block 1323, Block 1324, Block 1325,
Block 1326, Block 1327, Block 1328, Block 1329, Block 1330, Block 1331,
Block 1332, Block 1333, Block 1334, Block 1335, Block 1336, Block 1337,
Block 1338, Block 1339, Block 1340, Block 1341, Block 1342, Block 1343,
Block 1344, Block 1345, Block 1346, Block 1347, Block 1350, Block 1351,
Block 1352, Block 1353, Block 1354, Block 1355, Block 1356, Block 1357,
Block 1358, Block 1359, Block 1360, Block 1361, Block 1362, Block 1363,
Block 1364, Block 1365, Block 1366, Block 1367, Block 1368, Block 1369,
Block 1370, Block 1371, Block 1372, Block 1373, Block 1374, Block 1375,
Block 1376, Block 1377, Block 1378, Block 1379, Block 1380, Block 1381,
Block 1382, Block 1383, Block 1384, Block 1385, Block 1386, Block 1387,
Block 1388, Block 1389, Block 1390, Block 1391, Block 1392, Block 1393,
Block 1394, Block 1395, Block 1396, Block 1397, Block 1398, Block 1399,
Block 1400, Block 1401, Block 1402, Block 1403, Block 1404, Block 1405,
Block 1406, Block 1407, Block 1408, Block 1409, Block 1410, Block 1411,
Block 1412, Block 1413, Block 1414, Block 1415, Block 1416, Block 1417,
Block 1418, Block 1994, Block 1995, Block 1996, Block 1997, Block 1998,
Block 1999, Tract 9514.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1024, Block 1025, Block 1026, Block 1998, Block 1999,
Tract 9515.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1009, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Tract 9523.00; Block 4000, Block 4001, Block 4002,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4019, Block 4031,
Block 4033, Block 4994, Block 4995, Block 4996, Tract 9524.00;
Block 4000, Block 4001, Snohomish County (Part) - Tracts: 522.03, 522.04,
522.05, 522.06, 522.07, 527.01, 535.04, 535.05, 535.06, 536.02, 537.00,
538.01, 538.02, 538.03, Snohomish County (Part) - Block Groups
Tract 521.05; Block Group 2, Tract 521.13; Block Group 1, Tract 523.01;
Block Group 2, Tract 527.04; Block Group 5, Tract 528.05; Block Group 1,
Tract 528.05; Block Group 4, Tract 528.06; Block Group 4, Tract 534.00;
Block Group 3, Tract 534.00; Block Group 4, Tract 535.03; Block Group 1,
Tract 535.03; Block Group 2, Tract 535.03; Block Group 3, Tract 535.03;
Block Group 5, Tract 535.03; Block Group 7, Tract 536.01; Block Group 1,
Tract 536.01; Block Group 2, Tract 536.01; Block Group 3, Tract 536.01;
Block Group 4, Tract 536.01; Block Group 5, Snohomish County (Part) Blocks: Tract 521.05; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1036, Block 1998, Tract 521.08;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3024,
Tract 521.12; Block 4000, Tract 521.13; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2999, Tract 523.01; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4021,
Block 4022, Block 4023, Block 4024, Block 4025, Tract 523.02;
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 3000, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Tract 526.06;
Block 4000, Tract 528.03; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1021, Block 1022, Block 4007, Block 4008, Block 4009,
Tract 528.04; Block 1000, Block 1017, Block 1019, Block 1020,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Tract 528.05;
Block 2008, Block 2009, Block 2010, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 3000, Block 3001, Block 3002, Block 3003, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Tract 528.06; Block 1000, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Tract 529.01; Block 1005,
Block 1006, Block 2002, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Tract 534.00; Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
(2002 Ed.)
Chapter 44.07D
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 2021,
Block 2022, Block 2024, Block 2025, Block 2028, Block 2029,
Tract 535.03; Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021,
Block 4022, Block 4023, Block 4024, Block 4025, Block 4026, Block 4027,
Block 4028, Block 4030, Block 4031, Block 4032, Block 6000,
Tract 536.01; Block 6000, Block 6001, Block 6002, Block 6003,
Block 6004, Block 6005, Block 6006, Block 6007, Block 6010, Block 7000,
Block 7001, Block 7002, Block 7003, Block 7004, Block 7005, Block 7006,
Block 7007, Block 7008, Block 7009, Block 7010, Block 7011, Block 7012,
Block 7013, Block 7014, Block 7015, Block 7016, Block 7017, Block 7018,
Block 7019, Block 7020, Block 7021, Block 7022, Block 7023, Block 7024,
Block 7025, Block 7026, Block 7999, Whatcom County (Part) - Block
Groups Tract 101.00; Block Group 6.
District 40: San Juan County, Skagit County (Part) - Tracts: 9503.00,
9505.00, 9506.00, 9507.00, 9517.00, 9522.00, Skagit County (Part) - Block
Groups Tract 9501.00; Block Group 1, Tract 9504.00; Block Group 1,
Tract 9508.00; Block Group 1, Tract 9508.00; Block Group 2,
Tract 9508.00; Block Group 4, Tract 9508.00; Block Group 5,
Tract 9509.00; Block Group 1, Tract 9516.00; Block Group 1,
Tract 9523.00; Block Group 1, Tract 9523.00; Block Group 2,
Tract 9523.00; Block Group 3, Tract 9524.00; Block Group 1,
Tract 9524.00; Block Group 2, Tract 9524.00; Block Group 3,
Tract 9525.00; Block Group 1, Tract 9525.00; Block Group 2,
Tract 9525.00; Block Group 3, Skagit County (Part) - Blocks:
Tract 9501.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block 2074, Block 2075,
Block 2076, Block 2077, Block 2078, Block 2079, Block 2080, Block 2081,
Block 2082, Block 2083, Block 2084, Block 2085, Block 2090, Block 2091,
Block 2092, Block 2097, Block 2098, Block 2992, Block 2993, Block 2994,
Block 2995, Block 2996, Block 2997, Block 2998, Block 2999,
Tract 9502.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052,
Block 1053, Block 1054, Block 1055, Block 1998, Block 1999, Block 2005,
Tract 9504.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block 2058,
Block 2059, Block 2060, Block 2061, Block 2062, Block 2063, Block 2064,
Block 2065, Block 2066, Block 2067, Block 2068, Block 2069, Block 2070,
Block 2071, Block 2072, Block 2073, Block 2074, Block 2075, Block 2076,
Block 2077, Block 2078, Block 2079, Block 2080, Block 2081, Block 2082,
Block 2083, Block 2084, Block 2085, Block 2086, Block 2087, Block 2088,
Block 2089, Block 2993, Block 2994, Block 2995, Block 2996, Block 2997,
Block 2998, Block 2999, Tract 9508.00; Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019,
[Title 44 RCW—page 31]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3027, Block 3028, Block 3029, Block 3031, Block 3032,
Tract 9514.00; Block 1021, Block 1022, Block 1023, Tract 9515.00;
Block 1007, Block 1008, Block 1010, Block 1011, Block 1012, Block 2004,
Tract 9516.00; Block 2000, Block 2001, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3050,
Block 3051, Block 3052, Block 3053, Block 3054, Block 3055, Block 3056,
Block 3057, Block 3058, Block 3059, Block 3060, Block 3061, Block 3062,
Block 3063, Block 3064, Block 3065, Block 3066, Block 3067,
Tract 9518.00; Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1051, Block 1052, Block 1053, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2021,
Block 2022, Block 2023, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2995, Block 2996, Block 2997, Block 2998,
Block 2999, Tract 9519.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1993, Block 1994, Block 1995,
Block 1996, Block 1997, Block 1998, Block 1999, Block 2051,
Tract 9520.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2008, Block 2009, Block 2010,
Block 2996, Block 2997, Block 2998, Block 2999, Tract 9523.00;
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4016, Block 4017, Block 4018,
Block 4020, Block 4021, Block 4022, Block 4023, Block 4024, Block 4025,
Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block 4032,
Block 4997, Block 4998, Block 4999, Tract 9524.00; Block 4002,
Block 4003, Block 4004, Block 4005, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block 4016,
Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block 4022,
Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block 4028,
Block 4029, Block 4030, Block 4031, Block 4032, Block 4033, Block 4034,
Block 4035, Block 4036, Block 4037, Block 4038, Block 4039, Block 4040,
Block 4041, Block 4042, Block 4043, Block 4044, Block 4045, Block 4046,
Block 4047, Block 4048, Block 4049, Block 4050, Tract 9525.00;
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4022, Block 4023, Block 4024,
Block 4999, Tract 9526.00; Block 1000, Block 1001, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1998, Block 1999, Block 2002, Block 2003, Block 2004, Block 2999,
Block 4003, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021,
Block 4022, Block 4023, Block 4024, Block 4025, Block 4026, Block 4027,
Block 4028, Block 4029, Block 4030, Block 4031, Block 4032, Block 4033,
Tract 9527.00; Block 1051, Whatcom County (Part) - Tracts: 12.00,
Whatcom County (Part) - Block Groups Tract 8.01; Block Group 2,
Tract 8.01; Block Group 5, Tract 8.02; Block Group 2, Tract 8.02; Block
Group 3, Tract 8.02; Block Group 4, Tract 9.00; Block Group 1, Tract 9.00;
Block Group 2, Tract 10.00; Block Group 1, Tract 11.00; Block Group 3,
Whatcom County (Part) - Blocks: Tract 1.00; Block 1004, Block 1005,
[Title 44 RCW—page 32]
Block 1006, Block 1007, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1035, Block 1998, Block 1999, Block 2026,
Block 2027, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2036, Block 3000, Block 3070, Tract 5.00; Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3017, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Tract 8.01; Block 3009, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 4021, Block 4022, Block 4023, Block 4024, Block 4025,
Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block 4031,
Block 4032, Block 4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Block 4039, Block 4040, Block 4043, Block 4044, Block 4045,
Block 4046, Block 4999, Tract 8.02; Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1020, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block 1089, Block 1090,
Block 1091, Block 1092, Block 1093, Block 1094, Block 1095, Block 1096,
Block 1097, Block 1098, Block 1099, Block 1100, Block 1101, Block 1102,
Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108,
Block 1109, Block 1110, Block 1111, Block 1994, Block 1995, Block 1996,
Block 1997, Block 1998, Block 1999, Tract 9.00; Block 3001, Tract 10.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2009, Block 2010, Block 2011, Block 2012, Tract 11.00;
Block 1997, Block 1998, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2014, Block 2015, Block 2016, Block 2018, Block 2019,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2998, Block 2999,
Tract 101.00; Block 4107, Block 4108, Block 4109, Block 4110,
Block 4111, Block 4112, Block 4114, Block 5106, Block 5107, Block 5108,
Block 5109, Block 5110, Block 5111, Block 5112, Block 5113, Block 5122,
Block 5123, Block 5124, Block 5125, Block 5126, Block 5127, Block 5128,
Block 5129, Block 5130, Block 5131, Block 5132, Block 5133, Block 5134,
Block 5135, Block 5136, Block 5137, Block 5138, Block 5139, Block 5140,
Block 5141, Block 5147, Block 5148.
District 41: King County (Part) - Tracts: 235.00, 236.04, 238.01,
238.02, 239.00, 243.00, 244.00, 245.00, 246.01, 246.02, 247.01, 247.02,
248.00, 249.01, 249.02, 249.03, 250.01, 250.03, 250.04, King County (Part)
- Block Groups Tract 236.01; Block Group 3, Tract 236.01; Block
Group 4, Tract 251.01; Block Group 3, Tract 251.01; Block Group 4,
Tract 251.02; Block Group 1, Tract 251.02; Block Group 3, Tract 252.00;
Block Group 1, Tract 252.00; Block Group 4, Tract 252.00; Block Group 5,
Tract 253.00; Block Group 1, Tract 256.00; Block Group 4, Tract 256.00;
Block Group 5, Tract 319.03; Block Group 1, Tract 319.03; Block Group 2,
Tract 319.03; Block Group 4, Tract 319.03; Block Group 5, Tract 319.03;
Block Group 6, King County (Part) - Blocks: Tract 234.01; Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Tract 236.01; Block 1004, Block 1005,
Block 1006, Block 1007, Block 2000, Block 2001, Block 2002, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Tract 236.03; Block 3000, Block 3001, Tract 237.00;
Block 3018, Block 3019, Block 3020, Block 3021, Tract 240.00;
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4013, Block 4014, Block 4015, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4020, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4999, Block 6012, Block 6013, Block 6014,
Block 6015, Block 6016, Block 6017, Block 6018, Block 6019, Block 6020,
(2002 Ed.)
Legislative Districts and Apportionment
Block 6021, Block 6022, Tract 251.01; Block 1000, Block 1001,
Block 1002, Block 2000, Block 2001, Block 2002, Block 2005,
Tract 251.02; Block 2000, Block 2001, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Tract 252.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Tract 253.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 3000, Block 3001,
Block 3998, Block 3999, Tract 256.00; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 3000, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Tract 319.03; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3005, Block 3006, Block 3007, Block 3008, Tract 321.03;
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Tract 321.04; Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 3016,
Block 3017.
District 42: Whatcom County (Part) - Tracts: 2.00, 3.00, 4.00, 6.00,
7.00, 102.00, 103.01, 103.02, 103.03, 104.01, 104.02, 105.01, 105.02,
106.00, 107.00, 108.00, 109.00, 110.00, Whatcom County (Part) - Block
Groups Tract 5.00; Block Group 1, Tract 5.00; Block Group 2, Tract 5.00;
Block Group 4, Tract 5.00; Block Group 5, Tract 5.00; Block Group 6,
Tract 8.01; Block Group 1, Tract 101.00; Block Group 1, Tract 101.00;
Block Group 2, Tract 101.00; Block Group 3, Tract 101.00; Block Group 7,
Whatcom County (Part) - Blocks: Tract 1.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1008, Block 1033, Block 1034, Block 1036,
Block 1037, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2028, Block 2029, Block 2035,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036,
Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042,
Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048,
Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054,
Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block 3060,
Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block 3066,
Block 3067, Block 3068, Block 3069, Block 3071, Block 3072, Block 3073,
Block 3999, Tract 5.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3015, Block 3016, Block 3018,
Block 3019, Block 3020, Tract 8.01; Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4041, Block 4042, Block 4047, Block 4048, Tract 8.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1019, Block 1021, Tract 9.00; Block 3000, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Tract 10.00; Block 2007, Block 2008, Tract 11.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1999, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2017, Block 2020, Block 2021, Tract 101.00; Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
(2002 Ed.)
Chapter 44.07D
Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4019, Block 4020, Block 4021, Block 4022, Block 4023,
Block 4025, Block 4026, Block 4027, Block 4028, Block 4029,
Block 4031, Block 4032, Block 4033, Block 4034, Block 4035,
Block 4037, Block 4038, Block 4039, Block 4040, Block 4041,
Block 4043, Block 4044, Block 4045, Block 4046, Block 4047,
Block 4049, Block 4050, Block 4051, Block 4052, Block 4053,
Block 4055, Block 4056, Block 4057, Block 4058, Block 4059,
Block 4061, Block 4062, Block 4063, Block 4064, Block 4065,
Block 4067, Block 4068, Block 4069, Block 4070, Block 4071,
Block 4073, Block 4074, Block 4075, Block 4076, Block 4077,
Block 4079, Block 4080, Block 4081, Block 4082, Block 4083,
Block 4085, Block 4086, Block 4087, Block 4088, Block 4089,
Block 4091, Block 4092, Block 4093, Block 4094, Block 4095,
Block 4097, Block 4098, Block 4099, Block 4100, Block 4101,
Block 4103, Block 4104, Block 4105, Block 4106, Block 4113,
Block 4116, Block 4990, Block 4991, Block 4992, Block 4993,
Block 4995, Block 4996, Block 4997, Block 4998, Block 4999,
Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5019, Block 5020, Block 5021, Block 5022, Block 5023,
Block 5025, Block 5026, Block 5027, Block 5028, Block 5029,
Block 5031, Block 5032, Block 5033, Block 5034, Block 5035,
Block 5037, Block 5038, Block 5039, Block 5040, Block 5041,
Block 5043, Block 5044, Block 5045, Block 5046, Block 5047,
Block 5049, Block 5050, Block 5051, Block 5052, Block 5053,
Block 5055, Block 5056, Block 5057, Block 5058, Block 5059,
Block 5061, Block 5062, Block 5063, Block 5064, Block 5065,
Block 5067, Block 5068, Block 5069, Block 5070, Block 5071,
Block 5073, Block 5074, Block 5075, Block 5076, Block 5077,
Block 5079, Block 5080, Block 5081, Block 5082, Block 5083,
Block 5085, Block 5086, Block 5087, Block 5088, Block 5089,
Block 5091, Block 5092, Block 5093, Block 5094, Block 5095,
Block 5097, Block 5098, Block 5099, Block 5100, Block 5101,
Block 5103, Block 5104, Block 5105, Block 5114, Block 5115,
Block 5117, Block 5118, Block 5119, Block 5120, Block 5121,
Block 5143, Block 5144, Block 5145, Block 5146.
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
4018,
4024,
4030,
4036,
4042,
4048,
4054,
4060,
4066,
4072,
4078,
4084,
4090,
4096,
4102,
4115,
4994,
5000,
5006,
5012,
5018,
5024,
5030,
5036,
5042,
5048,
5054,
5060,
5066,
5072,
5078,
5084,
5090,
5096,
5102,
5116,
5142,
District 43: King County (Part) - Tracts: 44.00, 45.00, 46.00, 49.00,
50.00, 51.00, 52.00, 53.01, 53.02, 54.00, 61.00, 62.00, 64.00, 65.00, 66.00,
73.00, 74.00, 75.00, 76.00, 82.00, 83.00, 84.00, King County (Part) - Block
Groups Tract 25.00; Block Group 3, Tract 26.00; Block Group 3,
Tract 36.00; Block Group 3, Tract 36.00; Block Group 4, Tract 43.00;
Block Group 2, Tract 43.00; Block Group 3, Tract 43.00; Block Group 4,
Tract 43.00; Block Group 5, Tract 63.00; Block Group 1, Tract 63.00;
Block Group 2, Tract 63.00; Block Group 3, Tract 63.00; Block Group 5,
Tract 63.00; Block Group 6, Tract 79.00; Block Group 3, Tract 79.00;
Block Group 4, Tract 79.00; Block Group 5, Tract 85.00; Block Group 1,
King County (Part) - Blocks: Tract 26.00; Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4999, Block 5014, Tract 27.00; Block 3001, Tract 35.00;
Block 3016, Block 3017, Tract 36.00; Block 1000, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Tract 38.00; Block 2004, Block 2005, Block 3003,
Block 3004, Block 3009, Block 3010, Tract 43.00; Block 1003, Block 1010,
Tract 48.00; Block 1011, Block 1012, Block 1013, Block 1014, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 2014, Tract 63.00;
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4006,
Block 4007, Tract 77.00; Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 5000, Block 5001, Block 5002, Block 5003, Block 5004,
Block 5005, Block 5006, Block 5007, Block 5008, Block 5009, Block 5010,
Block 5011, Tract 78.00; Block 1000, Block 1003, Block 1999, Tract 79.00;
Block 2002, Block 2003, Block 2006, Tract 80.01; Block 3023, Block 3999,
Tract 80.02; Block 1005, Block 1006, Block 1007, Block 1008, Tract 81.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
[Title 44 RCW—page 33]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1052,
Block 1999, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Tract 85.00; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Tract 86.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 2000, Block 2001, Tract 87.00; Block 3001, Block 3002, Block 3003,
Tract 92.00; Block 2010.
District 44: Snohomish County (Part) - Tracts: 416.05, 416.06,
416.07, 416.08, 417.01, 520.03, 520.04, 520.05, 520.06, 520.07, 521.10,
524.01, 524.02, 525.02, 525.03, 525.04, 526.03, 526.04, 526.05, 526.07,
527.03, 527.05, Snohomish County (Part) - Block Groups Tract 416.01;
Block Group 1, Tract 416.01; Block Group 3, Tract 416.01; Block Group 4,
Tract 521.11; Block Group 2, Tract 521.11; Block Group 3, Tract 523.01;
Block Group 1, Tract 523.01; Block Group 3, Tract 523.02; Block Group 1,
Tract 526.06; Block Group 1, Tract 526.06; Block Group 2, Tract 526.06;
Block Group 3, Tract 527.04; Block Group 3, Tract 527.04; Block Group 4,
Tract 529.04; Block Group 3, Snohomish County (Part) - Blocks:
Tract 414.00; Block 3021, Tract 415.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2998, Block 2999, Tract 416.01; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Tract 417.02; Block 1000, Block 1001, Block 4007,
Block 5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5017, Block 5018, Block 5022,
Block 5023, Block 5024, Block 5025, Block 5026, Block 5027, Block 5028,
Block 5029, Block 5030, Tract 418.05; Block 2000, Tract 519.09;
Block 5004, Tract 519.20; Block 1000, Block 1001, Block 1002,
Tract 521.04; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1987, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block 2058,
Block 2059, Block 2060, Block 2061, Block 2062, Block 2063, Block 2064,
Block 2065, Block 2066, Block 2067, Block 2068, Block 2069, Block 2070,
Block 2071, Block 2974, Block 2975, Block 2976, Block 2977, Block 2978,
Block 2979, Block 2980, Block 2981, Block 2982, Block 2983, Block 2984,
Block 2985, Block 2986, Block 2987, Tract 521.05; Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1037,
Block 1038, Block 1039, Block 1993, Block 1994, Block 1995, Block 1996,
Block 1997, Block 1999, Tract 521.08; Block 1000, Block 1001,
Block 1006, Block 1007, Block 1014, Tract 521.11; Block 1000,
Block 1004, Block 1005, Block 1006, Block 1007, Tract 523.01;
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4013, Block 4014, Block 4015, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4020, Tract 523.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 3001, Block 3002, Block 3003,
Block 3016, Block 3017, Block 3018, Tract 526.06; Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Tract 527.04; Block 1000, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Tract 529.04; Block 1000, Block 1004,
Block 2007, Block 4000, Block 4001, Tract 536.01; Block 6008,
Block 6009, Block 6011, Block 7027, Block 7028.
District 45: King County (Part) - Tracts: 219.03, 219.04, 220.03,
220.05, 220.06, 224.00, 226.03, 323.07, 323.11, 323.12, 323.14, 323.19,
[Title 44 RCW—page 34]
323.20, 323.21, 323.22, 323.23, 324.01, 324.02, King County (Part) - Block
Groups Tract 219.06; Block Group 2, Tract 219.06; Block Group 3,
Tract 222.02; Block Group 2, Tract 222.02; Block Group 5, Tract 225.00;
Block Group 2, Tract 323.15; Block Group 1, Tract 323.15; Block Group 3,
Tract 323.15; Block Group 4, Tract 323.16; Block Group 2, Tract 323.17;
Block Group 6, Tract 323.24; Block Group 5, Tract 325.00; Block Group 1,
Tract 325.00; Block Group 3, Tract 325.00; Block Group 4, King County
(Part) - Blocks: Tract 218.02; Block 2001, Block 2009, Block 2010,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3014, Block 3015, Block 3016, Tract 219.05;
Block 1009, Block 1010, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 2005, Block 2007, Block 2008, Block 2009, Block 2010,
Block 3000, Block 3007, Block 3011, Block 3012, Block 3013, Block 3017,
Tract 219.06; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Tract 222.03; Block 1000, Block 1001, Block 1013, Block 1014,
Block 4000, Block 4997, Block 4999, Tract 225.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 4013, Block 4998,
Block 5000, Tract 226.04; Block 1002, Block 1003, Block 1004,
Tract 226.05; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Tract 323.09; Block 1000, Block 1001, Block 2000, Block 2001,
Block 2002, Block 2003, Tract 323.13; Block 1000, Block 1001,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 2000, Block 2001, Block 2002, Block 3000,
Tract 323.15; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2016,
Block 2017, Block 2018, Block 2999, Tract 323.16; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Tract 323.18; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1014,
Block 1017, Block 1018, Tract 323.24; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Tract 325.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2998, Block 2999, Tract 326.01; Block 2001,
Block 2010, Block 2011, Tract 328.00; Block 1000, Block 1001,
Block 1008, Block 1009, Block 1013, Block 1014, Block 1015, Block 1020,
Block 1021, Block 3115, Block 3116, Block 3117, Block 3119, Block 3120,
Block 3121, Block 3122, Block 3125, Block 3126, Block 3127, Block 3128,
Block 3129, Block 3130, Block 3131, Block 3132, Block 3133, Block 3134,
Block 3135, Block 3136, Block 3137, Block 3138, Block 3139, Block 3140,
Block 3141, Block 3142, Block 3143, Block 3144, Block 3145, Block 3146,
Block 3147, Block 3148, Block 3149, Block 3150, Block 3151, Block 3152,
Block 3153, Block 3161, Block 3162, Block 3163, Block 3164, Block 3165,
Block 3166, Block 3167, Block 3168, Block 3169, Block 3170, Block 3171,
Block 3172, Block 3173, Block 3174, Block 3175, Block 3176, Block 3177,
Block 3178, Block 3179, Block 3180, Block 3181, Block 3182, Block 3183,
Block 3184, Block 3185, Block 3186, Block 3187, Block 3188, Block 3189,
Block 3190, Block 3191, Block 3206, Block 3207, Block 3208, Block 3209,
Block 3210, Block 3211, Block 3996.
District 46: King County (Part) - Tracts: 1.00, 2.00, 3.00, 4.01, 4.02,
6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00, 13.00, 18.00, 19.00, 20.00,
21.00, 22.00, 24.00, 28.00, 39.00, 40.00, 41.00, 42.00, King County (Part) Block Groups Tract 5.00; Block Group 2, Tract 5.00; Block Group 3,
Tract 14.00; Block Group 1, Tract 17.00; Block Group 1, Tract 17.00;
Block Group 2, Tract 25.00; Block Group 1, Tract 25.00; Block Group 2,
Tract 26.00; Block Group 1, Tract 27.00; Block Group 1, Tract 27.00;
Block Group 2, Tract 27.00; Block Group 4, Tract 27.00; Block Group 5,
Tract 27.00; Block Group 6, Tract 38.00; Block Group 1, King County
(2002 Ed.)
Legislative Districts and Apportionment
(Part) - Blocks: Tract 5.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Tract 14.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2008, Block 2009, Block 2010, Block 2011, Block 6000,
Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block 6006,
Tract 17.00; Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Tract 26.00; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 4000, Block 4001, Block 4002, Block 4003, Block 5000, Block 5001,
Block 5002, Block 5003, Block 5004, Block 5005, Block 5006, Block 5007,
Block 5008, Block 5009, Block 5010, Block 5011, Block 5012, Block 5013,
Tract 27.00; Block 3000, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Tract 36.00; Block 1001, Block 1002, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Tract 38.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2006, Block 2007, Block 2008, Block 3000, Block 3001,
Block 3002, Block 3005, Block 3006, Block 3007, Block 3008, Tract 43.00;
Block 1000, Block 1001, Block 1002, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009.
District 47: King County (Part) - Tracts: 293.06, 293.07, 294.05,
294.06, 295.02, 295.04, 296.01, 296.02, 305.04, 312.05, 312.06, 316.01,
317.04, 319.09, King County (Part) - Block Groups Tract 293.03; Block
Group 4, Tract 293.04; Block Group 2, Tract 293.04; Block Group 3,
Tract 293.04; Block Group 4, Tract 295.03; Block Group 4, Tract 295.03;
Block Group 5, Tract 305.01; Block Group 2, Tract 305.03; Block Group 1,
Tract 305.03; Block Group 2, Tract 306.00; Block Group 1, Tract 306.00;
Block Group 4, Tract 312.04; Block Group 1, Tract 312.04; Block Group 2,
Tract 312.04; Block Group 4, Tract 312.04; Block Group 5, Tract 316.03;
Block Group 2, Tract 317.02; Block Group 2, Tract 317.02; Block Group 3,
Tract 317.02; Block Group 4, Tract 317.03; Block Group 1, Tract 317.03;
Block Group 3, Tract 317.03; Block Group 4, Tract 317.03; Block Group 5,
Tract 318.00; Block Group 4, Tract 319.07; Block Group 6, Tract 319.08;
Block Group 2, Tract 320.05; Block Group 2, Tract 320.05; Block Group 3,
Tract 320.05; Block Group 4, Tract 320.05; Block Group 5, Tract 320.05;
Block Group 6, Tract 320.05; Block Group 7, Tract 320.06; Block Group 1,
Tract 320.06; Block Group 3, King County (Part) - Blocks: Tract 293.04;
Block 1000, Block 1001, Block 1002, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Tract 294.03;
Block 2000, Block 2001, Block 2002, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Tract 294.08; Block 2004,
Block 2005, Block 2006, Block 3000, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Tract 297.00; Block 2016, Block 2017,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Tract 298.02; Block 6009, Block 6010,
Tract 299.02; Block 2020, Block 2021, Block 3000, Block 3001,
Block 3003, Block 3004, Block 3006, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3026, Block 3027, Block 3033, Block 3034, Tract 304.01;
Block 2000, Block 2016, Tract 305.01; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1008, Block 1009,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052,
Block 1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1058,
Block 1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064,
Block 1065, Block 1066, Block 1067, Block 1068, Block 1069, Block 1070,
Block 1071, Block 1072, Block 1073, Block 1078, Block 1079, Block 1080,
Tract 305.03; Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Tract 306.00; Block 2012, Block 2013,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Tract 308.01;
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Tract 312.04; Block 3000, Tract 315.01; Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2015, Block 2016, Block 2017, Block 2018,
(2002 Ed.)
Chapter 44.07D
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Tract 316.02; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2016, Tract 316.03; Block 1000,
Block 1001, Block 1007, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4998, Block 4999, Tract 317.02;
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 5007, Block 5008, Block 5009, Block 5010, Tract 317.03;
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Tract 318.00;
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1999,
Block 2003, Block 2004, Block 3003, Tract 319.07; Block 1002,
Block 1004, Block 1005, Block 1006, Block 1007, Block 4001,
Tract 319.08; Block 1000, Block 1003, Block 4000, Block 4004,
Block 4005, Tract 320.05; Block 1010, Block 1011, Block 1012,
Block 1014, Block 1015, Block 1016, Block 1017, Tract 320.06;
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Tract 320.07; Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2999.
District 48: King County (Part) - Tracts: 226.06, 227.01, 227.02,
227.03, 228.01, 228.02, 228.03, 229.01, 229.02, 230.00, 231.00, 232.01,
232.02, 233.00, 241.00, 242.00, 323.25, King County (Part) - Block Groups
Tract 225.00; Block Group 3, Tract 226.04; Block Group 2, Tract 226.04;
Block Group 3, Tract 226.04; Block Group 4, Tract 226.05; Block Group 2,
Tract 234.01; Block Group 1, Tract 234.01; Block Group 3, Tract 234.02;
Block Group 2, Tract 234.02; Block Group 3, Tract 234.02; Block Group 4,
Tract 234.02; Block Group 5, Tract 234.02; Block Group 6, Tract 236.03;
Block Group 1, Tract 236.03; Block Group 2, Tract 236.03; Block Group 4,
Tract 237.00; Block Group 1, Tract 237.00; Block Group 2, Tract 240.00;
Block Group 1, Tract 240.00; Block Group 2, Tract 240.00; Block Group 3,
Tract 240.00; Block Group 5, Tract 323.24; Block Group 1, Tract 323.24;
Block Group 2, Tract 323.24; Block Group 3, King County (Part) - Blocks:
Tract 225.00; Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4014, Block 4015,
Block 4999, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023,
Tract 226.04; Block 1000, Block 1001, Tract 226.05; Block 1027,
Tract 234.01; Block 2000, Tract 234.02; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1009,
Block 1999, Tract 236.01; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1008, Block 1009, Block 1010, Block 2003, Block 2004,
Tract 236.03; Block 3002, Block 3003, Tract 237.00; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Tract 240.00; Block 4005, Block 6000, Block 6001, Block 6002,
Block 6003, Block 6004, Block 6005, Block 6006, Block 6007, Block 6008,
Block 6009, Block 6010, Block 6011, Tract 323.09; Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2046, Block 2047,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
[Title 44 RCW—page 35]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059,
Block 2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2065,
Block 2066, Tract 323.13; Block 1002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3999, Tract 323.24; Block 4006, Block 4007.
District 49: Clark County (Part) - Tracts: 408.03, 408.04, 410.02,
410.03, 410.07, 410.08, 410.09, 411.05, 411.07, 411.08, 411.09, 411.10,
412.01, 412.03, 412.05, 412.06, 416.00, 417.00, 418.00, 419.00, 420.00,
421.00, 423.00, 424.00, 425.00, 426.00, 427.00, 428.00, 429.00, 430.00,
431.00, Clark County (Part) - Block Groups Tract 409.04; Block Group 2,
Tract 409.04; Block Group 3, Tract 410.05; Block Group 1, Tract 410.08;
Block Group 3, Clark County (Part) - Blocks: Tract 403.00; Block 3022,
Block 3023, Block 3024, Block 3998, Tract 404.04; Block 4002,
Block 4003, Block 4004, Block 4005, Block 4007, Block 4008,
Tract 409.04; Block 1000, Block 1001, Tract 409.06; Block 1011,
Block 1012, Block 2000, Block 2030, Block 2031, Block 2032,
Tract 410.05; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2046, Block 2047,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
Block 2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059,
Block 2060, Block 2061, Block 2968, Block 2969, Block 2970, Block 2971,
Block 2972, Block 2973, Block 2974, Block 2975, Block 2976, Block 2977,
Block 2978, Block 2979, Block 2980, Block 2981, Block 2982, Block 2983,
Block 2984, Block 2985, Block 2986, Block 2987, Block 2990, Block 2991,
Block 2992, Block 2993, Block 2994, Block 2995, Block 2996, Block 2997,
Block 2998.
Chapter 44.16
LEGISLATIVE INQUIRY
Sections
44.16.010 Examination of witnesses—Compulsory process.
44.16.020 Service of process.
44.16.030 Chairman to administer oaths.
44.16.040 Commission to examine absent witness.
44.16.050 Commission executed during recess.
44.16.060 To whom directed—Interrogatories.
44.16.070 Oath and powers of commissioner.
44.16.080 Examination to be private.
44.16.090 Testimony reduced to writing.
44.16.100 Return of depositions.
44.16.110 Fees of commissioner and witnesses.
44.16.120 Punishment of recalcitrant witness.
44.16.130 Failure to attend—Contempt.
44.16.140 Refusal to testify—Contempt.
44.16.150 Punishment for contempt.
44.16.160 Warrant of imprisonment.
44.16.170 Record of proceedings.
Reviser’s note: "Act" has been translated to "chapter" throughout
chapter 44.16 RCW as the entire chapter is composed of 1895 c 6 with the
exception of 1897 c 33 § 1, which is supplementary thereto.
Joint administrative rules review committee, subpoena powers: RCW
34.05.675 and 34.05.681.
44.16.010 Examination of witnesses—Compulsory
process. Every chairman or presiding member of any
committee of either the senate or house of representatives, or
any joint committee of the senate or house of representatives, which, by the terms of its appointment, shall be authorized to send for persons and papers, shall have power, under
[Title 44 RCW—page 36]
the direction of such committee, to issue compulsory process
for the attendance of any witness within the state whom the
committee may wish to examine. [1895 c 6 § 1; RRS §
8178.]
44.16.020 Service of process. All process provided
for in this chapter may be served in the same manner as is
provided by law for the service of process in the superior
court; and it shall be the duty of any officer to whom any
process may be delivered or issued, to serve the same as
directed: PROVIDED, That in the service of process a copy
thereof shall be delivered to the witness. [1895 c 6 § 15;
RRS § 8192.]
Service of summons: RCW 4.28.080.
44.16.030 Chairman to administer oaths. The
chairman or presiding member of any committee of either
the senate, house of representatives, or any joint committee
thereof, shall be authorized to administer oaths to all
witnesses coming before such committee for examination;
and all witnesses who shall testify in any proceeding
provided for in this chapter, shall be under oath or affirmation. [1895 c 6 § 2; RRS § 8179.]
44.16.040 Commission to examine absent witness.
Every such chairman or presiding member shall also have
power, under the direction of the committee, to issue a
commission for the examination of any witness who shall be
without the jurisdiction of the state, or if within the state,
shall be unable to attend, or who shall, for any reasons, be
excused by the committee from attendance. [1895 c 6 § 3;
RRS § 8180.]
44.16.050 Commission executed during recess.
Whenever such committee shall obtain authority for that
purpose, from the senate or house, or legislature, by which
it may be appointed, it may issue such commission to be
executed during the recess of the legislature. [1895 c 6 § 4;
RRS § 8181.]
44.16.060 To whom directed—Interrogatories.
Every such commission shall be directed to such magistrate
or other person, as the committee may designate, and interrogatories framed by the committee shall be annexed thereto.
[1895 c 6 § 5; RRS § 8182.]
44.16.070 Oath and powers of commissioner. The
person to whom such commission shall be directed, if he
reside within the state and accept the trust, shall, before
entering upon the execution of his duties, take the oath of
office prescribed in the Constitution. Such commissioner
shall have power to issue process to compel the attendance
of witnesses, whom he shall be required to examine, and
shall have power to administer oaths to such witnesses.
[1895 c 6 § 6; RRS § 8183.]
44.16.080 Examination to be private. Unless
otherwise directed by the committee, it shall in all cases be
the duty of the commissioner to examine, in private, every
witness attending before him, and not to make public the
(2002 Ed.)
Legislative Inquiry
particulars of such examination, when so made in private,
until the same shall be made public by order of the house or
legislature appointing the committee. [1895 c 6 § 7; RRS §
8184.]
44.16.090 Testimony reduced to writing. Every
witness so attending shall be examined on oath or affirmation, and his testimony shall be reduced to writing by the
commissioner, or by some disinterested person in his
presence and under the direction of said commissioner, and
signed by the witness. [1895 c 6 § 8; RRS § 8185.]
44.16.100 Return of depositions. When a commission shall have been duly executed, the commissioner shall
annex thereto the depositions of the witnesses, duly certified
by him, and shall, without delay, transmit the same by mail,
inclosed and under seal, or deliver the same, to the chairman
of the committee by which the commission shall have been
issued, or to such person as by the committee directed.
[1895 c 6 § 9; RRS § 8186.]
44.16.110 Fees of commissioner and witnesses. A
person executing any such commission shall be paid, out of
the state treasury, the same fees that are allowed by law for
the taking of depositions on commissions issued out of the
superior courts of this state; and any witness attending before
either house of the legislature, or any committee or joint
committee thereof, or before any such commissioner, shall
be so paid two dollars per day for each day in attendance,
and five cents a mile for the distance necessarily traveled in
attending as such witness. [1895 c 6 § 10; RRS § 8187.]
44.16.120 Punishment of recalcitrant witness. Any
person who shall fail to attend as a witness upon any
committee appointed by either the house or senate of the
state of Washington, or both, after having been duly subpoenaed as provided in this chapter, or who, being in attendance
as a witness before such committee, shall refuse to answer
any question or produce any paper or document or book
which he is required to answer or to produce by such
committee, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in any sum not exceeding five hundred dollars, or by imprisonment in the
county jail for a term not longer than six months, or by both
such fine and imprisonment. [1897 c 33 § 1; RRS § 8194.]
Witness refusing to attend legislature or committee or to testify: RCW
9.55.020.
44.16.080
authorized to summon witnesses, wilfully refuses to be
sworn or affirmed, or to answer any material and proper
question, or to produce, upon reasonable notice, any material
and proper books, papers or documents in his possession or
under his control, shall be punished as for contempt, as hereinafter provided. [1895 c 6 § 12; RRS § 8189.]
44.16.150 Punishment for contempt. Any person
being in contempt, as hereinbefore provided, shall be
punished by fine in any sum not less than fifty dollars and
not exceeding one thousand dollars, or by imprisonment in
the county jail in the county where such examination is
being had, for any period of time not extending beyond the
legislative session then being held, or by both such fine and
imprisonment, as the legislative body which authorized such
examination may order. And in case the contempt arises in
a joint proceeding of both houses, or before a joint committee thereof, the senate shall prescribe the penalty. [1895 c
6 § 13; RRS § 8190.]
Contempt: Chapter 7.21 RCW.
Witness refusing to attend legislature or committee or to testify: RCW
9.55.020.
44.16.160 Warrant of imprisonment. If any fine is
imposed against any person for contempt, as hereinbefore
provided, he shall stand committed to the county jail of the
county in which the offense was committed until such fine
is paid. The presiding officer of the house, fixing the fine,
shall issue a warrant to the sheriff of the county where the
offense was committed, commanding him to imprison such
person in the county jail until such fine is paid, or until he
has been imprisoned in such jail one day for every three
dollars of such fine. [1895 c 6 § 14; RRS § 8191.]
44.16.170 Record of proceedings. Every such
committee shall keep a record of its proceedings under the
provisions of this chapter, which record shall be signed by
the chairman or presiding officer of the committee, and the
same returned to the legislative body by which the committee was appointed, as a part of the report of such committee.
[1895 c 6 § 16; RRS § 8193.]
Chapter 44.20
SESSION LAWS
Sections
44.20.010
44.20.020
44.16.130 Failure to attend—Contempt. A person
who, being duly summoned to attend as a witness before
either house of the legislature, or any committee or joint
committee thereof, or commissioner authorized to summon
witnesses, refuses or neglects, without lawful excuse, to
attend pursuant to such summons, shall be punished as for
contempt, as hereinafter provided. [1895 c 6 § 11; RRS §
8188.]
Engrossed bills filed with secretary of state.
Chapter numbers—Bill copies certified, delivered—Citation
by number and year.
44.20.030 Publication of temporary edition.
44.20.050 Headings, index—Publication of permanent edition.
44.20.060 Duty of code reviser in arranging laws.
44.20.080 Private publication restricted.
44.20.090 Legislative records—Preservation.
Distribution of session laws: RCW 40.04.040.
Public printer to print and bind session laws: RCW 43.78.030.
Revised Code of Washington: Chapter 1.04 RCW.
44.16.140 Refusal to testify—Contempt. A person
who, being present before either house of the legislature, or
any committee or joint committee thereof, or commissioner
44.20.010 Engrossed bills filed with secretary of
state. Whenever any bill shall have passed both houses, the
house transmitting the enrolled bill to the governor shall also
(2002 Ed.)
[Title 44 RCW—page 37]
44.20.010
Title 44 RCW: State Government—Legislative
file with the secretary of state the engrossed bill, together
with the history of such bill up to the time of transmission
to the governor. [1907 c 136 § 1; RRS § 8196.]
Secretary of state to keep record of acts of the legislature: State Constitution Art. 3 § 17; RCW 43.07.040.
44.20.020 Chapter numbers—Bill copies certified,
delivered—Citation by number and year. Whenever any
bill shall become a law the secretary of state shall number
such bill in the order in which it became a law, commencing
with each session of the legislature, and shall forthwith
certify and deliver three copies of such bill to the statute law
committee. Such number shall be in Arabic numerals, and
shall be the chapter number of the act when published. A
citation to the chapter number and year of the session laws
heretofore or hereafter published shall be a sufficient
reference to the act so designated. [1969 c 6 § 1; 1907 c
136 § 2; RRS § 8197.]
44.20.030 Publication of temporary edition. The
statute law committee, after each and every legislative
session, whether regular or extraordinary, shall cause to be
reproduced or printed for temporary use separate copies of
each act filed in the office of secretary of state within ten
days after the filing thereof.
The committee shall cause to be reproduced or printed
three thousand copies or such additional number as may be
necessary of temporary bound sets of all acts filed in the
office of secretary of state within seventy-five days after the
final adjournment of the legislature for that year. [1982 1st
ex.s. c 32 § 3; 1969 c 6 § 2; 1961 c 21 § 1; 1933 ex.s. c 31
§ 1; 1933 c 27 § 1; 1925 ex.s. c 35 § 1; 1907 c 136 § 3;
RRS § 8198.]
Distribution of temporary edition of session laws: RCW 40.04.035.
Statute law committee: Chapter 1.08 RCW.
44.20.050 Headings, index—Publication of permanent edition. When all of the acts of any session of the
legislature and initiative measures enacted by the people
since the next preceding session have been certified to the
statute law committee, the code reviser employed by the
statute law committee shall make the proper headings and
index of such acts or laws and, after such work has been
completed, the statute law committee shall have published
and bound in good buckram at least six hundred copies or
such additional copies as may be necessary of such acts and
laws, with such headings and indexes, and such other matter
as may be deemed essential, including a title page showing
the session at which such acts were passed, the date of convening and adjournment of the session, and any other matter
deemed proper, including a certificate by the secretary of
state of such referendum measures as may have been enacted
by the people since the next preceding session. [1982 1st
ex.s. c 32 § 4; 1969 c 6 § 4; 1951 c 157 § 18; 1915 c 27 §
1; 1907 c 136 § 5; RRS § 8200.]
Distribution of permanent edition of session laws: RCW 40.04.040.
44.20.060 Duty of code reviser in arranging laws.
In arranging the laws, memorials and resolutions for publication, the code reviser is hereby authorized to make such
corrections in the orthography, clerical errors and punctua[Title 44 RCW—page 38]
tion of the same as in his judgment shall be deemed essential: PROVIDED, That when any words or clauses shall be
inserted, the same shall be inclosed in brackets; and no
correction shall be made which changes the intent or
meaning of any sentence, section or act of the legislature.
[1969 c 6 § 5; 1890 p 632 § 8; RRS § 8203.]
44.20.080 Private publication restricted. It shall be
unlawful for any person to print and publish for sale the
session laws of any session in book form within one year
after the adjournment of such session, other than those
ordered printed by the statute law committee, or to deliver
to anyone other than such committee or upon their order any
of the session laws so ordered printed by them: PROVIDED, This section shall not apply to any general compilation of the laws of this state or to a compilation of any
special laws or laws on any special subject. [1969 c 6 § 6;
1907 c 136 § 6; RRS § 8201.]
44.20.090 Legislative records—Preservation. See
RCW 40.14.100 through 40.14.180.
Chapter 44.28
JOINT LEGISLATIVE AUDIT AND
REVIEW COMMITTEE
(Formerly: Legislative budget committee)
Sections
44.28.005
44.28.010
44.28.020
44.28.030
44.28.040
44.28.050
44.28.055
44.28.060
Definitions.
Committee created—Members.
Terms of members—Vacancies.
Continuation of memberships and powers.
Travel expenses.
Expenses of committee—Vouchers.
Administration.
Executive committee—Legislative auditor—Rules, subcommittees.
44.28.065 Legislative auditor—Duties.
44.28.071 Conduct of performance audits.
44.28.075 Performance audits—Scope.
44.28.080 Powers—Appropriations, expenses, revenues.
44.28.083 Performance audit work plans.
44.28.088 Performance audit reports—Preliminary, final.
44.28.091 Compliance reports—Preliminary and final.
44.28.094 Quality control review of joint committee.
44.28.097 Agency documents furnished to joint committee.
44.28.100 Reports, minutes.
44.28.110 Examinations—Subpoenas—Depositions.
44.28.120 Contempt proceedings—Recalcitrant witnesses.
44.28.130 Witness fees and mileage.
44.28.150 Cooperation with legislative committees and others.
44.28.155 WorkFirst program evaluation.
44.28.800 Legislation affecting mentally ill persons—Report to legislature.
44.28.900 Severability—1951 c 43.
Director of financial management: Chapter 43.41 RCW.
Loan program for mathematics and science teachers—Review of: RCW
28B.15.766.
Personal service contracts, filing with joint legislative audit and review
committee required: Chapter 39.29 RCW.
State budgeting, accounting, and reporting: Chapter 43.88 RCW.
Study of funds related to state transportation programs: RCW 44.40.025.
Sunset review process: Chapter 43.131 RCW.
Termination of tax preferences: Chapter 43.136 RCW.
(2002 Ed.)
Joint Legislative Audit and Review Committee
44.28.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Legislative auditor" means the executive officer of
the joint legislative audit and review committee.
(2) "Economy and efficiency audits" means performance
audits that establish: (a) Whether a state agency or unit of
local government receiving state funds is acquiring, protecting, and using its resources such as personnel, property, and
space economically and efficiently; (b) the causes of inefficiencies or uneconomical practices; and (c) whether the state
agency or local government has complied with significant
laws and rules in acquiring, protecting, and using its resources.
(3) "Final compliance report" means a written document,
as approved by the joint committee, that states the specific
actions a state agency or unit of local government receiving
state funds has taken to implement recommendations
contained in the final performance audit report and the
preliminary compliance report. Any recommendations,
including proposed legislation and changes in the agency’s
rules and practices or the local government’s practices, based
on testimony received, must be included in the final compliance report.
(4) "Final performance audit report" means a written
document adopted by the joint legislative audit and review
committee that contains the findings and proposed recommendations made in the preliminary performance audit
report, the final recommendations adopted by the joint
committee, any comments to the preliminary performance
audit report by the joint committee, and any comments to the
preliminary performance audit report by the state agency or
local government that was audited.
(5) "Joint committee" means the joint legislative audit
and review committee.
(6) "Local government" means a city, town, county,
special purpose district, political subdivision, municipal
corporation, or quasi-municipal corporation, including a
public corporation created by such an entity.
(7) "Performance audit" means an objective and systematic assessment of a state agency or any of its programs,
functions, or activities, or a unit of local government
receiving state funds, by an independent evaluator in order
to help public officials improve efficiency, effectiveness, and
accountability. Performance audits include economy and
efficiency audits and program audits. A performance audit
of a local government may only be made to determine
whether the local government is using state funds for their
intended purpose in an efficient and effective manner.
(8) "Performance measures" are a composite of key
indicators of a program’s or activity’s inputs, outputs,
outcomes, productivity, timeliness, and/or quality. They are
means of evaluating policies and programs by measuring
results against agreed upon program goals or standards.
(9) "Preliminary compliance report" means a written
document that states the specific actions a state agency or
unit of local government receiving state funds has taken to
implement any recommendations contained in the final performance audit report.
(10) "Preliminary performance audit report" means a
written document prepared for review and comment by the
joint legislative audit and review committee after the
(2002 Ed.)
44.28.005
completion of a performance audit. The preliminary
performance audit report must contain the audit findings and
any proposed recommendations to improve the efficiency,
effectiveness, or accountability of the state agency or local
government audited.
(11) "Program audits" means performance audits that
determine: (a) The extent to which desired outcomes or
results are being achieved; (b) the causes for not achieving
intended outcomes or results; and (c) compliance with
significant laws and rules applicable to the program.
(12) "State agency" or "agency" means a state agency,
department, office, officer, board, commission, bureau,
division, institution, or institution of higher education. "State
agency" includes all elective offices in the executive branch
of state government. [1996 c 288 § 2.]
Findings and intent—1996 c 288: "The public expects the legislature
to address citizens’ increasing demand for the basic services of state
government, while limiting the growth in spending. The public demands
that public officials and state employees be accountable to provide
maximum value for every dollar entrusted to state government. The public
believes that it is possible to improve the responsiveness of state government and to save the taxpayers’ money, and that efficiency and effectiveness
should result in savings.
The legislature, public officials, state employees, and citizens need to
know the extent to which state agencies, programs, and activities are
achieving the purposes for which they were created. It is essential to
compare the conditions, problems, and priorities that led to the creation of
government programs with current conditions, problems, and priorities, and
to examine the need for and performance of those programs in the current
environment.
Along with examining the performance of state agencies and
programs, the legislature, public officials, state employees, and citizens must
also consider the effect that state government programs can reasonably
expect to have on citizens’ lives, how the level of programs and services of
Washington state government compares with that of other states, and
alternatives for service delivery, including other levels of government and
the private sector including not-for-profit organizations. It is essential that
the legislature, public officials, state employees, and citizens share a
common understanding of the role of state government. The performance
and relative priority of state agency programs and activities must be the
basis for managing and allocating resources within Washington state
government.
It is the intent of the legislature to strengthen the role of the current
legislative budget committee so that it may more effectively examine how
efficiently state agencies perform their responsibilities and whether the
agencies are achieving their goals, and whether units of local government
are using state funds for their intended purpose in an efficient and effective
manner. It is also the intent of the legislature to enact a clear set of
definitions for different types of audits in order to eliminate confusion with
regard to government reviews." [1996 c 288 § 1.]
44.28.010 Committee created—Members. The joint
legislative audit and review committee is created, which shall
consist of eight senators and eight representatives from the
legislature. The senate members of the committee shall be
appointed by the president of the senate, and the house
members of the committee shall be appointed by the speaker
of the house. Not more than four members from each house
shall be from the same political party. Members shall be
appointed before the close of each regular session of the
legislature during an odd-numbered year. If before the close
of a regular session during an odd-numbered year, the
governor issues a proclamation convening the legislature into
special session, or the legislature by resolution convenes the
legislature into special session, following such regular
session, then such appointments shall be made as a matter of
closing business of such special session. Members shall be
subject to confirmation, as to the senate members by the
[Title 44 RCW—page 39]
44.28.010
Title 44 RCW: State Government—Legislative
senate, and as to the house members by the house. In the
event of a failure to appoint or confirm joint committee
members, the members of the joint committee from either
house in which there is a failure to appoint or confirm shall
be elected by the members of such house. [1996 c 288 § 3;
1983 c 52 § 1; 1980 c 87 § 30; 1969 c 10 § 4; 1967 ex.s. c
114 § 1; 1963 ex.s. c 20 § 1; 1955 c 206 § 4; 1951 c 43 §
1.]
auditor then the chair, or the vice-chair in the chair’s
absence, is authorized to sign vouchers. This authority shall
continue until the chair’s or vice-chair’s successors are
selected after each ensuing session of the legislature.
Vouchers may be drawn on funds appropriated generally by
the legislature for legislative expenses or upon any special
appropriation which may be provided by the legislature for
the expenses of the committee or both. [1989 c 137 § 1;
1955 c 206 § 7; 1951 c 43 § 15.]
44.28.020 Terms of members—Vacancies. The term
of office of the members of the joint committee who
continue to be members of the senate and house shall be
from the close of the session in which they were appointed
or elected as provided in RCW 44.28.010 until the close of
the next regular session during an odd-numbered year or
special session following such regular session, or, in the
event that such appointments or elections are not made, until
the close of the next regular session during an odd-numbered
year during which successors are appointed or elected. The
term of office of joint committee members who do not continue to be members of the senate and house ceases upon the
convening of the next regular session of the legislature
during an odd-numbered year after their confirmation,
election or appointment. Vacancies on the joint committee
shall be filled by appointment by the remaining members.
All such vacancies shall be filled from the same political
party and from the same house as the member whose seat
was vacated. [1996 c 288 § 4; 1980 c 87 § 31; 1969 c 10
§ 5; 1955 c 206 § 5; 1951 c 43 § 12.]
*Reviser’s note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 § 3.
Vouchers on public funds: Chapter 42.24 RCW.
44.28.030 Continuation of memberships and
powers. On and after the commencement of a succeeding
general session of the legislature, those members of the joint
committee who continue to be members of the senate and
house, respectively, shall continue as members of the joint
committee as indicated in RCW 44.28.020 and the joint
committee shall continue with all its powers, duties, authorities, records, papers, personnel and staff, and all funds made
available for its use. [1996 c 288 § 5; 1955 c 206 § 6; 1951
c 43 § 13.]
44.28.040 Travel expenses. The members of the joint
committee shall serve without additional compensation, but
shall be reimbursed for their travel expenses in accordance
with RCW 44.04.120 for attending meetings of the joint
committee or a subcommittee of the joint committee, or
while engaged on other business authorized by the joint
committee. [1996 c 288 § 6; 1975-’76 2nd ex.s. c 34 § 134;
1951 c 43 § 14.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
44.28.050 Expenses of committee—Vouchers. All
expenses incurred by the committee, including salaries and
expenses of employees, shall be paid upon voucher forms as
provided by the auditor. The legislative auditor may be
authorized by the *legislative budget committee’s executive
committee to sign vouchers. Such authorization shall specify
a dollar limitation and be set out in writing. A monthly
report of such vouchers shall be submitted to the executive
committee. If authorization is not given to the legislative
[Title 44 RCW—page 40]
44.28.055 Administration. The administration of the
joint legislative audit and review committee is subject to
RCW 44.04.260. [2001 c 259 § 2.]
44.28.060 Executive committee—Legislative auditor—Rules, subcommittees. The members of the joint
committee shall form an executive committee consisting of
one member from each of the four major political caucuses,
which shall include a chair and a vice-chair. The chair and
vice-chair shall serve for a period not to exceed two years.
The chair and the vice-chair may not be members of the
same political party. The chair shall alternate between the
members of the majority parties in the senate and the house
of representatives.
Subject to RCW 44.04.260, the executive committee is
responsible for performing all general administrative and
personnel duties assigned to it in the rules and procedures
adopted by the joint committee, as well as other duties
delegated to it by the joint committee. The executive
committee shall recommend applicants for the position of the
legislative auditor to the membership of the joint committee.
The legislative auditor shall be hired with the approval of a
majority of the membership of the joint committee. Subject
to RCW 44.04.260, the executive committee shall set the
salary of the legislative auditor.
The joint committee shall adopt rules and procedures for
its orderly operation. The joint committee may create
subcommittees to perform duties under this chapter. [2001
c 259 § 3; 1996 c 288 § 7; 1975 1st ex.s. c 293 § 13; 1951
c 43 § 2.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.065 Legislative auditor—Duties. The legislative auditor shall:
(1) Establish and manage the office of the joint legislative audit and review committee to carry out the functions of
this chapter;
(2) Direct the audit and review functions described in
this chapter and ensure that performance audits are performed in accordance with the "Government Auditing Standards" published by the comptroller general of the United
States as applicable to the scope of the audit;
(3) Make findings and recommendations to the joint
committee and under its direction to the committees of the
state legislature concerning the organization and operation of
state agencies and the expenditure of state funds by units of
local government;
(2002 Ed.)
Joint Legislative Audit and Review Committee
(4) Subject to RCW 44.04.260, in consultation with and
with the approval of the executive committee, hire staff
necessary to carry out the purposes of this chapter. Subject
to RCW 44.04.260, employee salaries, other than the legislative auditor, shall be set by the legislative auditor with the
approval of the executive committee;
(5) Assist the several standing committees of the house
and senate in consideration of legislation affecting state
departments and their efficiency; appear before other
legislative committees; and assist any other legislative committee upon instruction by the joint legislative audit and
review committee;
(6) Provide the legislature with information obtained
under the direction of the joint legislative audit and review
committee;
(7) Maintain a record of all work performed by the
legislative auditor under the direction of the joint legislative
audit and review committee and keep and make available all
documents, data, and reports submitted to the legislative
auditor by any legislative committee. [2001 c 259 § 4; 1996
c 288 § 8; 1975 1st ex.s. c 293 § 17; 1955 c 206 § 9; 1951
c 43 § 11. Formerly RCW 44.28.140.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.071 Conduct of performance audits. (1) In
conducting performance audits and other reviews, the
legislative auditor shall work closely with the chairs and
staff of standing committees of the senate and house of
representatives, and may work in consultation with the state
auditor and the director of financial management.
(2) The legislative auditor may contract with and consult
with public and private independent professional and
technical experts as necessary in conducting the performance
audits. The legislative auditor should also involve front-line
employees and internal auditors in the performance audit
process to the highest possible degree.
(3) The legislative auditor shall work with the legislative
evaluation and accountability program committee and the
office of financial management to develop information
system capabilities necessary for the performance audit
requirements of this chapter.
(4) The legislative auditor shall work with the legislative
office of performance review and the office of financial
management to facilitate the implementation of effective
performance measures throughout state government. In
agencies and programs where effective systems for performance measurement exist, the measurements incorporated
into those systems should be a basis for performance audits
conducted under this chapter. [1996 c 288 § 9.]
44.28.075 Performance audits—Scope. (1) Subject
to the requirements of the performance audit work plan
approved by the joint committee under RCW 44.28.083,
performance audits may, in addition to the determinations
that may be made in such an audit as specified in RCW
44.28.005, include the following:
(a) An examination of the costs and benefits of agency
programs, functions, and activities;
(b) Identification of viable alternatives for reducing
costs or improving service delivery;
(2002 Ed.)
44.28.065
(c) Identification of gaps and overlaps in service
delivery, along with corrective action; and
(d) Comparison with other states whose agencies
perform similar functions, as well as their relative funding
levels and performance.
(2) As part of a performance audit, the legislative
auditor may review the costs of programs recently implemented by the legislature to compare actual agency costs
with the appropriations provided and the cost estimates that
were included in the fiscal note for the program at the time
the program was enacted. [1996 c 288 § 10.]
44.28.080 Powers—Appropriations, expenses,
revenues. The joint committee has the following powers:
(1) To make examinations and reports concerning
whether or not appropriations are being expended for the
purposes and within the statutory restrictions provided by the
legislature; and concerning the organization and operation of
procedures necessary or desirable to promote economy,
efficiency, and effectiveness in state government, its officers,
boards, committees, commissions, institutions, and other state
agencies, and to make recommendations and reports to the
legislature.
(2) To make such other studies and examinations of
economy, efficiency, and effectiveness of state government
and its state agencies as it may find advisable, and to hear
complaints, hold hearings, gather information, and make
findings of fact with respect thereto.
(3) To conduct program and fiscal reviews of any state
agency or program scheduled for termination under the
process provided under chapter 43.131 RCW.
(4) To perform other legislative staff studies of state
government or the use of state funds.
(5) To conduct performance audits in accordance with
the work plan adopted by the joint committee under *RCW
44.28.180.
(6) To receive a copy of each report of examination or
audit issued by the state auditor for examinations or audits
that were conducted at the request of the joint committee and
to make recommendations as it deems appropriate as a
separate addendum to the report or audit.
(7) To develop internal tracking procedures that will
allow the legislature to measure the effectiveness of performance audits conducted by the joint committee including,
where appropriate, measurements of cost-savings and increases in efficiency and effectiveness in how state agencies
deliver their services.
(8) To receive messages and reports in person or in
writing from the governor or any other state officials and to
study generally any and all business relating to economy,
efficiency, and effectiveness in state government and state
agencies. [1996 c 288 § 11; 1975 1st ex.s. c 293 § 14; 1955
c 206 § 10; 1951 c 43 § 4.]
*Reviser’s note: RCW 44.28.180 was recodified as RCW 44.28.083
pursuant to 1996 c 288 § 55.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.083 Performance audit work plans. (1)
During the regular legislative session of each odd-numbered
year, beginning with 1997, the joint legislative audit and
[Title 44 RCW—page 41]
44.28.083
Title 44 RCW: State Government—Legislative
review committee shall develop and approve a performance
audit work plan for the subsequent sixteen to
twenty-four-month period and an overall work plan that
identifies state agency programs for which formal evaluation
appears necessary. Among the factors to be considered in
preparing the work plans are:
(a) Whether a program newly created or significantly
altered by the legislature warrants continued oversight
because (i) the fiscal impact of the program is significant, or
(ii) the program represents a relatively high degree of risk in
terms of reaching the stated goals and objectives for that
program;
(b) Whether implementation of an existing program has
failed to meet its goals and objectives by any significant
degree; and
(c) Whether a follow-up audit would help ensure that
previously identified recommendations for improvements
were being implemented.
(2) The project description for each performance audit
must include start and completion dates, the proposed
approach, and cost estimates.
(3) The legislative auditor may consult with the chairs
and staff of appropriate legislative committees, the state
auditor, and the director of financial management in developing the performance audit work plan.
(4) The performance audit work plan and the overall
work plan may include proposals to employ contract resources. As conditions warrant, the performance audit work plan
and the overall work plan may be amended from time to
time. All performance audit work plans shall be transmitted
to the appropriate fiscal and policy committees of the senate
and the house of representatives no later than the sixtieth day
of the regular legislative session of each odd-numbered year,
beginning with 1997. All overall work plans shall be transmitted to the appropriate fiscal and policy committees of the
senate and the house of representatives. [1996 c 288 § 12;
1993 c 406 § 5. Formerly RCW 44.28.180.]
Short title—1993 c 406: See note following RCW 43.88.020.
44.28.088 Performance audit reports—Preliminary,
final. (1) When the legislative auditor has completed a
performance audit authorized in the performance audit work
plan, the legislative auditor shall transmit the preliminary
performance audit report to the affected state agency or local
government and the office of financial management for
comment. The agency or local government and the office of
financial management shall provide any response to the
legislative auditor within thirty days after receipt of the
preliminary performance audit report unless a different time
period is approved by the joint committee. The legislative
auditor shall incorporate the response of the agency or local
government and the office of financial management into the
final performance audit report.
(2) Before releasing the results of a performance audit
to the legislature or the public, the legislative auditor shall
submit the preliminary performance audit report to the joint
committee for its review, comments, and final recommendations. Any comments by the joint committee must be
included as a separate addendum to the final performance
audit report. Upon consideration and incorporation of the
review, comments, and recommendations of the joint com[Title 44 RCW—page 42]
mittee, the legislative auditor shall transmit the final performance audit report to the affected agency or local government, the director of financial management, the leadership of
the senate and the house of representatives, and the appropriate standing committees of the house of representatives and
the senate and shall publish the results and make the report
available to the public. For purposes of this section,
"leadership of the senate and the house of representatives"
means the speaker of the house, the majority leaders of the
senate and the house of representatives, the minority leaders
of the senate and the house of representatives, the caucus
chairs of both major political parties of the senate and the
house of representatives, and the floor leaders of both major
political parties of the senate and the house of representatives. [1996 c 288 § 13.]
44.28.091 Compliance reports—Preliminary and
final. (1) No later than nine months after the final performance audit has been transmitted by the joint committee to
the appropriate standing committees of the house of representatives and the senate, the joint committee in consultation
with the standing committees may produce a preliminary
compliance report on the agency’s or local government’s
compliance with the final performance audit recommendations. The agency or local government may attach its
comments to the joint committee’s preliminary compliance
report as a separate addendum.
(2) Within three months after the issuance of the
preliminary compliance report, the joint committee may hold
at least one public hearing and receive public testimony
regarding the findings and recommendations contained in the
preliminary compliance report. The joint committee may
waive the public hearing requirement if the preliminary
compliance report demonstrates that the agency or local
government is in compliance with the audit recommendations. The joint committee shall issue any final compliance
report within four weeks after the public hearing or hearings.
The legislative auditor shall transmit the final compliance
report in the same manner as a final performance audit is
transmitted under RCW 44.28.088. [1996 c 288 § 14.]
44.28.094 Quality control review of joint committee.
Subject to the joint committee’s approval, the office of the
joint committee shall undergo an external quality control
review within three years of June 6, 1996, and at regular
intervals thereafter. The review must be conducted by an
independent organization that has experience in conducting
performance audits. The quality control review must include, at a minimum, an evaluation of the quality of the
audits conducted by the joint committee, an assessment of
the audit procedures used by the joint committee, and an
assessment of the qualifications of the joint committee staff
to conduct performance audits. [1996 c 288 § 15.]
44.28.097 Agency documents furnished to joint
committee. All agency reports concerning program performance, including administrative review, quality control, and
other internal audit or performance reports, as requested by
the joint committee, shall be furnished by the agency
requested to provide such report. [1996 c 288 § 18; 1973
1st ex.s. c 197 § 2. Formerly RCW 44.28.087.]
(2002 Ed.)
Joint Legislative Audit and Review Committee
44.28.100 Reports, minutes. The joint committee
may make reports from time to time to the members of the
legislature and to the public with respect to any of its
findings or recommendations. The joint committee shall
keep complete minutes of its meetings. [1996 c 288 § 19;
1987 c 505 § 45; 1975 1st ex.s. c 293 § 16; 1951 c 43 § 6.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.110 Examinations—Subpoenas—Depositions.
In the discharge of any duty herein imposed, the committee
or any personnel under its authority and its subcommittees
shall have the authority to examine and inspect all properties,
equipment, facilities, files, records and accounts of any state
office, department, institution, board, committee, commission
or agency, and to administer oaths, issue subpoenas, compel
the attendance of witnesses and the production of any papers,
books, accounts, documents and testimony, and to cause the
deposition of witnesses, either residing within or without the
state, to be taken in the manner prescribed by laws for
taking depositions in civil actions in the superior courts.
[1955 c 206 § 8; 1951 c 43 § 8.]
Depositions: Rules of court: CR 26 through 37.
44.28.120 Contempt proceedings—Recalcitrant
witnesses. In case of the failure on the part of any person
to comply with any subpoena issued in behalf of the joint
committee, or on the refusal of any witness to testify to any
matters regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court of any
county, or of the judge thereof, on application of the joint
committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of
a subpoena issued from such court or a refusal to testify
therein. [1996 c 288 § 20; 1951 c 43 § 9.]
Contempt: Chapter 7.21 RCW.
Legislative inquiry: Chapter 44.16 RCW.
Witness refusing to attend legislature or committee or to testify: RCW
9.55.020.
44.28.130 Witness fees and mileage. Each witness
who appears before the joint committee by its order, other
than a state official or employee, shall receive for his or her
attendance the fees and mileage provided for witnesses in
civil cases in courts of record, which shall be audited and
paid upon the presentation of proper vouchers signed by
such witness, verified by the legislative auditor, and approved by the chair and the vice-chair of the joint committee. [1996 c 288 § 21; 1951 c 43 § 10.]
Witness fees and mileage: Chapter 2.40 RCW.
44.28.150 Cooperation with legislative committees
and others. The joint committee shall cooperate, act, and
function with legislative committees and with the councils or
committees of other states similar to this joint committee and
with other interstate research organizations. [1996 c 288 §
22; 1975 1st ex.s. c 293 § 18; 1951 c 43 § 7.]
44.28.100
44.28.155 WorkFirst program evaluation. (1) The
joint legislative audit and review committee shall conduct an
evaluation of the effectiveness of the WorkFirst program
described in chapter 58, Laws of 1997, including the job
opportunities and basic skills training program and any
approved private, county, or local government WorkFirst
program. The evaluation shall assess the success of the
program in assisting clients to become employed and to
reduce their use of temporary assistance for needy families.
The study shall include but not be limited to the following:
(a) An assessment of employment outcomes, including
hourly wages, hours worked, and total earnings, for clients;
(b) A comparison of temporary assistance for needy
families outcomes, including grant amounts and program
exits, for clients; and
(c) An audit of the performance-based contract for each
private nonprofit contractor for job opportunities and basic
skills training program services. The joint legislative audit
and review committee may contract with the Washington
institute for public policy for appropriate portions of the
evaluation required by this section.
(2) Administrative data shall be provided by the
department of social and health services, the employment
security department, the state board for community and technical colleges, local governments, and private contractors.
The department of social and health services shall require
contractors to provide administrative and outcome data
needed for this study as a condition of contract compliance.
[1997 c 58 § 705.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
44.28.800 Legislation affecting mentally ill persons—Report to legislature. The joint legislative audit and
review committee shall conduct an evaluation of the efficiency and effectiveness of chapter 297, Laws of 1998 in meeting its stated goals. Such an evaluation shall include the
operation of the state mental hospitals and the regional
support networks, as well as any other appropriate entity.
The joint legislative audit and review committee shall
prepare an interim report of its findings which shall be
delivered to the appropriate legislative committees of the
house of representatives and the senate no later than September 1, 2000. In addition, the joint legislative audit and
review committee shall prepare a final report of its findings
which shall be delivered to the appropriate legislative
committees of the house of representatives and the senate no
later than January 1, 2001. [1998 c 297 § 61.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
44.28.900 Severability—1951 c 43. If any section,
subsection, paragraph or provision of this chapter shall be
held invalid by any court for any reason, such invalidity
shall not in any way affect the validity of the remainder of
this chapter. [1951 c 43 § 16.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
(2002 Ed.)
[Title 44 RCW—page 43]
Chapter 44.39
Title 44 RCW: State Government—Legislative
Chapter 44.39
JOINT COMMITTEE ON ENERGY SUPPLY
er is sooner. [1980 c 87 § 38; 1977 ex.s. c 328 § 15; 1969
ex.s. c 260 § 3.]
(Formerly: Joint committee on energy and utilities)
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
Sections
44.39.010
44.39.015
44.39.020
44.39.025
44.39.038
44.39.039
Committee created.
Composition—Appointment of members.
Terms.
Vacancies.
Study of state building code relating to energy.
Statewide thermal efficiency and lighting code—Adoption
by state building code council.
44.39.045 Expenses and per diem.
44.39.050 Payment of expenses—Vouchers.
44.39.060 Examinations—Subpoenas—Depositions—Contempt proceedings—Witness fees.
44.39.070 Meetings—Energy supply alert or energy emergency—
Duties.
Energy supply emergencies, alerts: Chapter 43.21G RCW.
44.39.010 Committee created. There is hereby
created the joint committee on energy supply of the legislature of the state of Washington. [2001 c 214 § 30; 1977
ex.s. c 328 § 13; 1969 ex.s. c 260 § 1.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
44.39.015 Composition—Appointment of members.
The committee shall consist of four senators and four
representatives who shall be selected biennially as follows:
(1) The president of the senate shall appoint four
members from the senate to serve on the committee, including the chair of the committee responsible for energy issues.
Two members from each major political party must be appointed.
(2) The speaker or co-speakers of the house of representatives shall appoint four members from the house of
representatives to serve on the committee, including the chair
or co-chairs of the committee responsible for energy issues.
Two members from each major political party must be
appointed.
(3) The committee shall elect a chair and a vice-chair.
The chair shall be a member of the house of representatives
in even-numbered years and a member of the senate in oddnumbered years. In the case of a tie in the membership of
the house of representatives in an even-numbered year, the
committee shall elect co-chairs from the house of representatives in that year. [2001 c 214 § 31; 1977 ex.s. c 328 § 14;
1969 ex.s. c 260 § 2.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
44.39.020 Terms. Members shall serve until their
successors are installed as provided in RCW 44.39.015, as
now or hereafter amended, at the next succeeding regular
session of the legislature during an odd-numbered year, or
until they are no longer members of the legislature, whichev[Title 44 RCW—page 44]
44.39.025 Vacancies. The presiding officer of the
appropriate legislative chamber shall fill any vacancies
occurring on the committee by appointment from the same
political party as the departing member. Notwithstanding the
provisions of RCW 44.39.015 as now or hereafter amended,
any such appointee shall be deemed installed as a member
upon appointment. Members filling vacancies shall serve
until they or their successors are installed as provided in
RCW 44.39.015, as now or hereafter amended, or until they
are no longer members of the legislature, whichever is
sooner. [1977 ex.s. c 328 § 16; 1969 ex.s. c 260 § 4.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
44.39.038 Study of state building code relating to
energy. The senate and house committees on energy and
utilities shall make continuing studies of the state building
code as it relates to energy consumption, conservation and
retention and shall submit their recommendations concerning
such to the legislature periodically. [1977 ex.s. c 14 § 13.]
Severability—1977 ex.s. c 14: See RCW 19.27.905.
Energy-related building standards: Chapter 19.27A RCW.
44.39.039 Statewide thermal efficiency and lighting
code—Adoption by state building code council. See RCW
19.27A.020.
44.39.045 Expenses and per diem. The members of
the committee shall serve without compensation, but shall be
reimbursed for their expenses incurred while attending
sessions of the committee or any subcommittee of the
committee, or while engaged in other committee business
authorized by the committee, as provided for in RCW
44.04.120. [1969 ex.s. c 260 § 8.]
44.39.050 Payment of expenses—Vouchers. All
expenses incurred by the committee, including salaries and
expenses of employees, shall be paid upon voucher forms as
provided by the director of financial management and signed
by the chairman of the committee. Vouchers may be drawn
upon funds appropriated generally by the legislature for
legislative expenses or upon any special appropriation which
may be provided by the legislature for the expenses of the
committee. [1979 c 151 § 156; 1969 ex.s. c 260 § 9.]
44.39.060
Examinations—Subpoenas—
Depositions—Contempt proceedings—Witness fees. In
the discharge of any duty imposed by this chapter, the
committee or any personnel acting under its direction shall
have the authority to examine and inspect all properties,
equipment, facilities, files, records, and accounts of any state
office, department, institution, board, committee, commission, or agency; to administer oaths; and to issue subpoenas,
upon approval of a majority of the members of the house or
senate rules committee, to compel the attendance of witness(2002 Ed.)
Joint Committee on Energy Supply
44.39.060
es and the production of any papers, books, accounts, documents, and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in
the manner prescribed by law for taking depositions in civil
actions in the superior courts.
In case of the failure of any person to comply with any
subpoena issued in behalf of the committee, or on the refusal
of any witness to testify to any matters regarding which he
may be lawfully interrogated, it shall be the duty of the
superior court of any county, or of the judge thereof, on
application of the committee, to compel obedience by
proceedings for contempt, as in the case of disobedience of
the requirements of a subpoena issued from such court or a
refusal to testify therein.
Each witness who appears before the committee by its
order, other than a state official or employee, shall receive
for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited
and paid upon the presentation of proper vouchers signed by
such witness and approved by the chairman of the committee. [1977 ex.s. c 328 § 17.]
extensions. When approving a request, the committee may
specify a longer period than requested, up to ninety days for
initial extensions and one hundred twenty days for additional
extensions.
(4) During a condition of energy emergency the committee shall: (a) Receive any request from the governor for
an extension of the condition of energy emergency for an
additional period of time not to exceed forty-five consecutive
days and the finding upon which any such request is based;
(b) receive any request from the governor for subsequent
extensions of the condition of energy emergency for an
additional period of time not to exceed sixty consecutive
days and the findings upon which such a request is based;
and (c) either approve or disapprove the requested extensions. When approving a request, the committee may
specify a longer period than requested, up to forty-five days
for initial extensions and sixty days for additional extensions.
[2002 c 192 § 1; 1977 ex.s. c 328 § 18.]
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
Chapter 44.40
LEGISLATIVE TRANSPORTATION
COMMITTEE—SENATE AND HOUSE
TRANSPORTATION COMMITTEES
44.39.070 Meetings—Energy supply alert or energy
emergency—Duties. (1) The committee shall meet and
function at the following times: (a) At least once per year
or at anytime upon the call of the chair to receive information related to the state or regional energy supply situation;
(b) during a condition of energy supply alert or energy
emergency; and (c) upon the call of the chair, in response to
gubernatorial action to terminate such a condition. Upon the
declaration by the governor of a condition of energy supply
alert or energy emergency, the committee on energy supply
shall meet to receive any plans proposed by the governor for
programs, controls, standards, and priorities for the production, allocation, and consumption of energy during any
current or anticipated condition of energy supply alert or
energy emergency, any proposed plans for the suspension or
modification of existing rules of the Washington Administrative Code, and any other relevant matters the governor
deems desirable. The committee shall review such plans and
matters and shall transmit its recommendations to the
governor for review. The committee may review any
voluntary programs or local or regional programs for the
production, allocation, or consumption of energy which have
been submitted to the committee.
(2) The committee shall receive any request from the
governor for the approval of a declaration of a condition of
energy emergency as provided in RCW 43.21G.040 as now
or hereafter amended and shall either approve or disapprove
such request.
(3) During a condition of energy supply alert, the
committee shall: (a) Receive any request from the governor
for an extension of the condition of energy supply alert for
an additional period of time not to exceed ninety consecutive
days and the findings upon which such request is based; (b)
receive any request from the governor for subsequent
extensions of the condition of energy supply alert for an
additional period of time not to exceed one hundred twenty
consecutive days and the findings upon which such a request
is based; and (c) either approve or disapprove the requested
(2002 Ed.)
Severability—1977 ex.s. c 328: See note following RCW
43.21G.010.
Sections
44.40.001
44.40.010
44.40.013
44.40.015
44.40.020
44.40.025
Finding—Purpose.
Creation—Composition—Appointments—Vacancies—Rules.
Administration.
Executive committee—Selection—Duties.
Powers, duties, and studies.
Study of transportation-related funds or accounts—
Coordination of activities.
44.40.030 Participation in activities of other organizations.
44.40.040 Members’ allowances—Procedure for payment of
committee’s expenses.
44.40.070 State transportation agencies—Comprehensive programs and
financial plans.
44.40.080 State transportation agencies—Recommended budget—
Preparation and presentation—Contents.
44.40.090 Delegation of powers and duties to senate and house transportation committees.
44.40.100 Contracts and programs authorized.
44.40.120 Periodic review of plans for bicycle, pedestrian, and equestrian facilities.
44.40.140 Review of policy on fees imposed on nonpolluting fuels—
Report.
44.40.150 Study—Recommendations for consideration—Staffing.
44.40.160 Additional responsibilities.
44.40.170 Audit report.
44.40.180 Audit review.
44.40.190 Audit, disposition—Committee, authority, staff, resources.
44.40.200 Transportation accountability board—Membership.
44.40.210 Transportation accountability board—Procedures, compensation, records.
Review of rules for private carrier drivers: RCW 46.73.010.
Study reports available to legislators: RCW 47.01.145.
44.40.001 Finding—Purpose. (Effective December
30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) It is essential that the
legislature improve the accountability and efficiency of the
department of transportation. Taxpayers must know that
their tax dollars are being well spent to deliver critically
needed transportation projects. To accomplish this, a
[Title 44 RCW—page 45]
44.40.001
Title 44 RCW: State Government—Legislative
transportation accountability process must be established to
provide oversight on transportation projects. The legislative
transportation accountability committee will replace and
assume the duties and responsibilities of the legislative
transportation committee and, additionally, in conjunction
with an independent transportation accountability board,
report to the public on how tax dollars are spent on projects
funded by new transportation taxes under chapter 202, Laws
of 2002. [2002 c 202 § 101.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: "(1) The
secretary of state shall submit this act, except for sections 102 through 120
of this act, to the people for their adoption and ratification, or rejection, at
the next general election to be held in this state, in accordance with Article
II, section 1 of the state Constitution and the laws adopted to facilitate its
operation.
(2) If the people ratify this act as specified under subsection (1) of this
section, revenues generated shall be spent as detailed in chapter 201, Laws
of 2002, as enacted by the legislature.
(3) Pursuant to RCW 29.79.035, the statement of subject on the ballot
title shall read: "The legislature has passed House Bill No. 2969, financing
transportation improvements through transportation fees and taxes." The
concise description on the ballot title shall read: "This bill would improve
highway capacity, public transportation, passenger and freight rail, and
transportation financing accountability through increased weight fees on
trucks and large vehicles, fuel excise taxes, and sales taxes on vehicles.""
[2002 c 202 § 601.]
Effective date—2002 c 202 § 601: "Section 601 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [March 27, 2002]." [2002 c 202 § 603.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: "If this act is ratified by the voters as specified in section 601 of
this act, this act, except sections 401, 402, and 601 of this act, takes effect
December 30, 2002." [2002 c 202 § 703.]
Severability—2002 c 202: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 202 § 701.]
Part headings not law—2002 c 202: "Part headings used in this act
do not constitute any part of the law." [2002 c 202 § 702.]
44.40.010 Creation—Composition—Appointments—
Vacancies—Rules. (Effective unless Referendum Bill No.
51 is approved at the November 2002 general election.)
The joint fact-finding committee on highways, streets, and
bridges originally created by chapter 111, Laws of 1947, recreated and renamed the joint committee on highways by
chapter 3, Laws of 1963 extraordinary session, is hereby recreated and renamed the legislative transportation committee.
The renaming of said committee shall not affect any powers
invested in it or its duties imposed upon it by any other
statute. All appropriations made to the committee under its
former name shall continue to be available to said committee
as renamed, the legislative transportation committee. The
committee shall consist of twelve senators to be appointed
by the president of the senate and twelve members of the
house of representatives to be appointed by the speaker
thereof. Not more than six members from each house may
be from the same political party. A list of appointees shall
be submitted before the close of each regular legislative
session during an odd-numbered year or any successive
special session convened by the governor or the legislature
prior to the close of such regular session or successive
special session(s) for confirmation of senate members, by the
senate, and house members, by the house. Vacancies
occurring shall be filled by the appointing authority. All
[Title 44 RCW—page 46]
vacancies must be filled from the same political party and
from the same house as the member whose seat was vacated.
On May 27, 1999, the president of the senate shall
appoint an additional senate member as provided by the
1999 amendment of this section. With the appointment of
the additional member, the terms of officers elected before
May 27, 1999, are terminated, and the committee shall hold
a new election of officers.
The committee shall adopt rules and procedures for its
orderly operation. [1999 sp.s. c 1 § 616; 1980 c 87 § 39;
1971 ex.s. c 195 § 1; 1967 ex.s. c 145 § 68; 1965 ex.s. c
170 § 64; 1963 ex.s. c 3 § 35.]
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Severability—1971 ex.s. c 195: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
circumstances is not affected." [1971 ex.s. c 195 § 21.]
44.40.010 Creation—Composition—Appointments—
Vacancies—Rules. (Effective December 30, 2002, if
Referendum Bill No. 51 is approved at the November 2002
general election.) The joint fact-finding committee on
highways, streets, and bridges originally created by chapter
111, Laws of 1947, recreated and renamed the joint committee on highways by chapter 3, Laws of 1963 extraordinary
session, re-created and renamed the legislative transportation
committee by chapter 87, Laws of 1980, is hereby re-created
and renamed the legislative transportation accountability
committee. The renaming of said committee shall not affect
any powers invested in it or its duties imposed upon it by
any other statute. All appropriations made to the committee
under its former name shall continue to be available to said
committee as renamed, the legislative transportation accountability committee. The committee shall consist of twelve
senators to be appointed by the president of the senate and
twelve members of the house of representatives to be
appointed by the speaker thereof. Not more than six
members from each house may be from the same political
party. A list of appointees shall be submitted before the
close of each regular legislative session during an oddnumbered year or any successive special session convened
by the governor or the legislature prior to the close of such
regular session or successive special session(s) for confirmation of senate members, by the senate, and house members,
by the house. Vacancies occurring shall be filled by the
appointing authority. All vacancies must be filled from the
same political party and from the same house as the member
whose seat was vacated.
The committee shall adopt rules and procedures for its
orderly operation. [2002 c 202 § 109; 1999 sp.s. c 1 § 616;
1980 c 87 § 39; 1971 ex.s. c 195 § 1; 1967 ex.s. c 145 § 68;
1965 ex.s. c 170 § 64; 1963 ex.s. c 3 § 35.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Severability—1971 ex.s. c 195: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
circumstances is not affected." [1971 ex.s. c 195 § 21.]
(2002 Ed.)
Legislative Transportation Committee—Senate and House Transportation Committees
44.40.013 Administration. (Effective unless Referendum Bill No. 51 is approved at the November 2002 general
election.) The administration of the legislative transportation
committee is subject to RCW 44.04.260. [2001 c 259 § 5.]
44.40.013 Administration. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general election.) The administration of the
legislative transportation accountability committee is subject
to RCW 44.04.260. [2002 c 202 § 110; 2001 c 259 § 5.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.015 Executive committee—Selection—Duties.
(Effective unless Referendum Bill No. 51 is approved at the
November 2002 general election.) The members of the
legislative transportation committee shall form an executive
committee consisting of two members from each of the four
major political caucuses, which will include the chair and
vice-chair of the legislative transportation committee. There
will be four alternates to the executive committee, one from
each of the four major political caucuses. Each alternate
may represent a member from the same political caucus
from which they were chosen when that member is absent,
and have voting privileges during that absence.
Subject to RCW 44.04.260, the executive committee is
responsible for performing all general administrative and
personnel duties assigned to it in the rules and procedures
adopted by the committee, determining the number of
legislative transportation committee staff, and other duties
delegated to it by the committee. Except when those
responsibilities are assumed by the legislative transportation
committee, and subject to RCW 44.04.260, the executive
committee is responsible for adopting interim work plans and
meeting schedules, approving all contracts signed on behalf
of the committee, and setting policies for legislative transportation committee staff utilization. [2001 c 259 § 6; 1999
sp.s. c 1 § 617.]
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
44.40.015 Executive committee—Selection—Duties.
(Effective December 30, 2002, if Referendum Bill No. 51
is approved at the November 2002 general election.) The
members of the legislative transportation accountability committee shall form an executive committee consisting of two
members from each of the four major political caucuses,
which will include the chair and vice-chair of the legislative
transportation accountability committee. There will be four
alternates to the executive committee, one from each of the
four major political caucuses. Each alternate may represent
a member from the same political caucus from which they
were chosen when that member is absent, and have voting
privileges during that absence.
Subject to RCW 44.04.260, the executive committee is
responsible for performing all general administrative and
personnel duties assigned to it in the rules and procedures
adopted by the committee, determining the number of
legislative transportation accountability committee staff, and
(2002 Ed.)
44.40.013
other duties delegated to it by the committee. Except when
those responsibilities are assumed by the legislative transportation accountability committee, and subject to RCW
44.04.260, the executive committee is responsible for
adopting interim work plans and meeting schedules, approving all contracts signed on behalf of the committee, and setting policies for legislative transportation accountability committee staff utilization. [2002 c 202 § 111; 2001 c 259 § 6;
1999 sp.s. c 1 § 617.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
44.40.020 Powers, duties, and studies. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) (1) The committee is authorized
and directed to continue its studies and for that purpose shall
have the powers set forth in chapter 111, Laws of 1947.
The committee is further authorized to make studies related
to bills assigned to the house and senate transportation
committees and such other studies as provided by law. The
executive committee of the committee may assign responsibility for all or part of the conduct of studies to the house
and/or senate transportation committees.
(2) The committee may review and approve franchise
agreements entered into by the department of transportation
under *RCW 43.51.113. [1996 c 129 § 9; 1977 ex.s. c 235
§ 5; 1975 1st ex.s. c 268 § 1; 1963 ex.s. c 3 § 36.]
*Reviser’s note: RCW 43.51.113 was recodified as RCW
79A.05.125 pursuant to 1999 c 249 § 1601.
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
Powers set forth in chapter 111, Laws of 1947: "Sec. 2. The
committee is hereby authorized and directed to ascertain, study and analyze
all available facts and matters relating or pertaining to: (a) A study of the
policies relating to and the cost of the administration, operation, construction
and maintenance of public highways and streets of the state, with recommendations for such changes as may be deemed necessary;
(b) the need for and cost of bringing the highways and streets in the
state to acceptable standards, the cost of maintaining them in such condition,
the need and cost of expanding the highway and street systems of the state
to meet the increasing demands for travel and the demands arising from the
changing economic and industrial development, and the determination of
long-range programs to provide the needed construction;
(c) the making of a study of motor vehicle taxation including the
assignment of the total highway costs among property owners, general
taxpayers and highway users;
(d) the determination of the portion of highway and street operation
and construction costs assignable to the various highway users and classes
of users so that all vehicles and classes of vehicles shall bear their fair share
of such costs;
(e) the determination of the tax basis and rates to be exacted from
each vehicle or user;
(f) a determination of what roads should be included in the state
highway system and what changes should be made in the existing system;
(g) other studies of motor vehicle transport economics including but
not limited to the inspection of motor vehicles to insure the safety of
operation upon the highways, the control of loads and weights for the
protection of the highway and street investments, and a study of such other
factors and conditions as may appear necessary;
(h) the revision of any and all laws bearing upon or relating to the
subject of this resolution together with the committee’s recommendations
for appropriate legislation. [1947 c 111 § 2.]
Sec. 3. The committee is authorized to act during this session of the
legislature, including any recess, and after final adjournment until the
[Title 44 RCW—page 47]
44.40.020
Title 44 RCW: State Government—Legislative
commencement of the next regular session. It shall file a final report not
later than the 15th legislative day of the next regular session. The
committee may prepare and submit a preliminary report to the legislature at
any extraordinary session which may be convened. [1947 c 111 § 3.]
Sec. 4. The committee and its members shall have and exercise all of
the rights, duties and powers conferred upon legislative committees and
their members by the provisions of chapter 6, Laws of 1895 and chapter 33,
Laws of 1897 (secs. 8178 through 8194, Rem. Rev. Stat.; secs. 722-1, -3,
-5, -7, -9, -11, -13, -15, -17, -19, -21, -23, -25, -27, -29, -31, and -33, PPC)
[chapter 44.16 RCW] and shall have additional powers: (a) To select a
chairman and vice-chairman from its membership;
(b) to employ an executive secretary and such expert, clerical and
other help as may be necessary to carry out its duties;
(c) to cooperate with and secure the cooperation of county, city and
other local law enforcement agencies in investigating any matter within the
scope of this act and to direct the sheriff of any county to serve subpoenas,
orders and other process issued by the committee;
(d) to do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this act." [1947 c 111 § 4.]
Reviser’s note: Successive study authorizations, not codified in
RCW, are to be found in the various session laws subsequent to 1947, for
example: 1949 c 213; 1951 c 269; 1953 c 254; 1955 c 384; 1957 c 172;
1959 c 319; 1961 ex.s. c 21; 1963 ex.s. c 3; 1965 ex.s. c 170; 1967 ex.s. c
145; 1969 ex.s. c 281; 1970 ex.s. c 85; 1971 ex.s. c 195; 1973 1st ex.s. c
210; 1975 1st ex.s. c 268; 1977 ex.s. c 235; and 1979 ex.s. c 192.
Legislative transportation committee duties in conjunction with transportation commission: See note following RCW 47.01.071.
44.40.020 Studies—Franchise agreements. (Effective December 30, 2002, if Referendum Bill No. 51 is
approved at the November 2002 general election.) (1) The
committee is authorized and directed to continue its studies
and for that purpose shall have the powers set forth in
chapter 111, Laws of 1947. The committee is further
authorized to make studies related to bills assigned to the
house and senate transportation committees and such other
studies as provided by law. The executive committee of the
committee may assign responsibility for all or part of the
conduct of studies to the house and/or senate transportation
committees.
(2) The committee may review and approve franchise
agreements entered into by the department of transportation
under RCW 79A.05.125. [2002 c 202 § 112; 1996 c 129 §
9; 1977 ex.s. c 235 § 5; 1975 1st ex.s. c 268 § 1; 1963 ex.s.
c 3 § 36.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
Powers set forth in chapter 111, Laws of 1947: "Sec. 2. The
committee is hereby authorized and directed to ascertain, study and analyze
all available facts and matters relating or pertaining to: (a) A study of the
policies relating to and the cost of the administration, operation, construction
and maintenance of public highways and streets of the state, with recommendations for such changes as may be deemed necessary;
(b) the need for and cost of bringing the highways and streets in the
state to acceptable standards, the cost of maintaining them in such condition,
the need and cost of expanding the highway and street systems of the state
to meet the increasing demands for travel and the demands arising from the
changing economic and industrial development, and the determination of
long-range programs to provide the needed construction;
(c) the making of a study of motor vehicle taxation including the
assignment of the total highway costs among property owners, general
taxpayers and highway users;
(d) the determination of the portion of highway and street operation
and construction costs assignable to the various highway users and classes
[Title 44 RCW—page 48]
of users so that all vehicles and classes of vehicles shall bear their fair share
of such costs;
(e) the determination of the tax basis and rates to be exacted from
each vehicle or user;
(f) a determination of what roads should be included in the state
highway system and what changes should be made in the existing system;
(g) other studies of motor vehicle transport economics including but
not limited to the inspection of motor vehicles to insure the safety of
operation upon the highways, the control of loads and weights for the
protection of the highway and street investments, and a study of such other
factors and conditions as may appear necessary;
(h) the revision of any and all laws bearing upon or relating to the
subject of this resolution together with the committee’s recommendations
for appropriate legislation. [1947 c 111 § 2.]
Sec. 3. The committee is authorized to act during this session of the
legislature, including any recess, and after final adjournment until the
commencement of the next regular session. It shall file a final report not
later than the 15th legislative day of the next regular session. The
committee may prepare and submit a preliminary report to the legislature at
any extraordinary session which may be convened. [1947 c 111 § 3.]
Sec. 4. The committee and its members shall have and exercise all of
the rights, duties and powers conferred upon legislative committees and
their members by the provisions of chapter 6, Laws of 1895 and chapter 33,
Laws of 1897 (secs. 8178 through 8194, Rem. Rev. Stat.; secs. 722-1, -3,
-5, -7, -9, -11, -13, -15, -17, -19, -21, -23, -25, -27, -29, -31, and -33, PPC)
[chapter 44.16 RCW] and shall have additional powers: (a) To select a
chairman and vice-chairman from its membership;
(b) to employ an executive secretary and such expert, clerical and
other help as may be necessary to carry out its duties;
(c) to cooperate with and secure the cooperation of county, city and
other local law enforcement agencies in investigating any matter within the
scope of this act and to direct the sheriff of any county to serve subpoenas,
orders and other process issued by the committee;
(d) to do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this act." [1947 c 111 § 4.]
Reviser’s note: Successive study authorizations, not codified in
RCW, are to be found in the various session laws subsequent to 1947, for
example: 1949 c 213; 1951 c 269; 1953 c 254; 1955 c 384; 1957 c 172;
1959 c 319; 1961 ex.s. c 21; 1963 ex.s. c 3; 1965 ex.s. c 170; 1967 ex.s. c
145; 1969 ex.s. c 281; 1970 ex.s. c 85; 1971 ex.s. c 195; 1973 1st ex.s. c
210; 1975 1st ex.s. c 268; 1977 ex.s. c 235; and 1979 ex.s. c 192.
Legislative transportation committee duties in conjunction with transportation commission: See note following RCW 47.01.071.
44.40.025 Study of transportation-related funds or
accounts—Coordination of activities. (Effective unless
Referendum Bill No. 51 is approved at the November 2002
general election.) In addition to the powers and duties
authorized in RCW 44.40.020, the committee and the
standing committees on transportation of the house and
senate shall, in coordination with the joint legislative audit
and review committee, the legislative evaluation and accountability program committee, and the ways and means
committees of the senate and house of representatives,
ascertain, study, and/or analyze all available facts and
matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor
vehicle fund and accounts thereof, the highway safety fund,
and all other funds or accounts related to transportation
programs of the state.
The joint legislative audit and review committee, the
legislative evaluation and accountability program committee,
and the ways and means committees of the senate and house
of representatives shall coordinate their activities with the
legislative transportation committee in carrying out the
committees’ powers and duties under chapter 43.88 RCW in
matters relating to the transportation programs of the state.
(2002 Ed.)
Legislative Transportation Committee—Senate and House Transportation Committees
[1996 c 288 § 49; 1981 c 270 § 15; 1977 ex.s. c 235 § 6;
1975 1st ex.s. c 293 § 19; 1971 ex.s. c 195 § 2.]
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.025 Study of transportation-related funds or
accounts—Coordination of activities. (Effective December
30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) In addition to the powers
and duties authorized in RCW 44.40.020, the committee and
the standing committees on transportation of the house and
senate shall, in coordination with the joint legislative audit
and review committee, the legislative evaluation and accountability program committee, and the ways and means
committees of the senate and house of representatives,
ascertain, study, and/or analyze all available facts and
matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor
vehicle fund and accounts thereof, the highway safety fund,
and all other funds or accounts related to transportation programs of the state.
The joint legislative audit and review committee, the
legislative evaluation and accountability program committee,
and the ways and means committees of the senate and house
of representatives shall coordinate their activities with the
legislative transportation accountability committee in carrying out the committees’ powers and duties under chapter
43.88 RCW in matters relating to the transportation programs of the state. [2002 c 202 § 113; 1996 c 288 § 49;
1981 c 270 § 15; 1977 ex.s. c 235 § 6; 1975 1st ex.s. c 293
§ 19; 1971 ex.s. c 195 § 2.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—Severability—1981 c 270: See notes following
RCW 43.88.010.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.030 Participation in activities of other organizations. (Effective unless Referendum Bill No. 51 is
approved at the November 2002 general election.) In addition to the powers and duties heretofore conferred upon it,
the legislative transportation committee may participate in:
(1) The activities of committees of the council of state
governments concerned with transportation activities; (2)
activities of the national committee on uniform traffic laws
and ordinances; (3) any interstate reciprocity or proration
meetings designated by the department of licensing; and (4)
such other organizations as it deems necessary and appropriate. [1982 c 227 § 17; 1977 ex.s. c 235 § 7; 1971 ex.s. c
195 § 3; 1963 ex.s. c 3 § 38.]
Effective date—1982 c 227: See note following RCW 19.09.100.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.030 Participation in activities of other organizations. (Effective December 30, 2002, if Referendum Bill
(2002 Ed.)
44.40.025
No. 51 is approved at the November 2002 general election.)
In addition to the powers and duties heretofore conferred
upon it, the legislative transportation accountability committee may participate in: (1) The activities of committees of
the council of state governments concerned with transportation activities; (2) activities of the national committee on
uniform traffic laws and ordinances; (3) any interstate
reciprocity or proration meetings designated by the department of licensing; and (4) such other organizations as it
deems necessary and appropriate. [2002 c 202 § 114; 1982
c 227 § 17; 1977 ex.s. c 235 § 7; 1971 ex.s. c 195 § 3; 1963
ex.s. c 3 § 38.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1982 c 227: See note following RCW 19.09.100.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.040 Members’ allowances—Procedure for
payment of committee’s expenses. (Effective unless
Referendum Bill No. 51 is approved at the November 2002
general election.) The members of the legislative transportation committee and the house and senate transportation
committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged
in other authorized business of the committees as provided
in RCW 44.04.120. Subject to RCW 44.04.260, all expenses
incurred by the committee, and the house and senate
transportation committees, including salaries of employees of
the legislative transportation committee, shall be paid upon
voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or
authorized designee of the chairman of the committee, and
the authority of said chairman or vice chairman to sign
vouchers shall continue until their successors are selected.
Vouchers may be drawn upon funds appropriated for the
expenses of the committee. [2001 c 259 § 7; 1979 c 151 §
157; 1977 ex.s. c 235 § 8; 1975 1st ex.s. c 268 § 3; 1971
ex.s. c 195 § 4; 1963 ex.s. c 3 § 39.]
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.040 Members’ allowances—Procedure for
payment of committee’s expenses. (Effective December
30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) The members of the
legislative transportation accountability committee and the
house and senate transportation committees shall receive
allowances while attending meetings of the committees or
subcommittees and while engaged in other authorized
business of the committees as provided in RCW 44.04.120.
Subject to RCW 44.04.260, all expenses incurred by the
committee, and the house and senate transportation committees, including salaries of employees of the legislative
transportation accountability committee, shall be paid upon
voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or
authorized designee of the chairman of the committee, and
the authority of said chairman or vice chairman to sign
vouchers shall continue until their successors are selected.
Vouchers may be drawn upon funds appropriated for the
[Title 44 RCW—page 49]
44.40.040
Title 44 RCW: State Government—Legislative
expenses of the committee. [2002 c 202 § 115; 2001 c 259
§ 7; 1979 c 151 § 157; 1977 ex.s. c 235 § 8; 1975 1st ex.s.
c 268 § 3; 1971 ex.s. c 195 § 4; 1963 ex.s. c 3 § 39.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.070 State transportation agencies—
Comprehensive programs and financial plans. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) Prior to October 1st of each
even-numbered year all state agencies whose major programs
consist of transportation activities, including the department
of transportation, the transportation improvement board, the
Washington state patrol, the department of licensing, the
traffic safety commission, the county road administration
board, and the board of pilotage commissioners, shall adopt
or revise, after consultation with the legislative transportation
committee, a comprehensive six-year program and financial
plan for all transportation activities under each agency’s
jurisdiction.
The comprehensive six-year program and financial plan
shall state the general objectives and needs of each agency’s
major transportation programs, including workload and
performance estimates. [1998 c 245 § 87; 1988 c 167 § 10;
1979 ex.s. c 192 § 3; 1979 c 158 § 112; 1977 ex.s. c 235 §
9; 1973 1st ex.s. c 201 § 1.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective dates—1979 ex.s. c 192: "Section 6 of this 1979 act shall
take effect July 1, 1980. Sections 1 through 5 of this 1979 act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1979." [1979 ex.s. c 192 § 7.]
Revenue forecasts: RCW 43.88.122.
44.40.070 State transportation agencies—
Comprehensive programs and financial plans. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) Prior to October
1st of each even-numbered year all state agencies whose
major programs consist of transportation activities, including
the department of transportation, the transportation improvement board, the Washington state patrol, the department of
licensing, the traffic safety commission, the county road
administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation accountability committee, a comprehensive six-year program and financial plan for all transportation
activities under each agency’s jurisdiction.
The comprehensive six-year program and financial plan
shall state the general objectives and needs of each agency’s
major transportation programs, including workload and
performance estimates. [2002 c 202 § 116; 1998 c 245 §
87; 1988 c 167 § 10; 1979 ex.s. c 192 § 3; 1979 c 158 §
112; 1977 ex.s. c 235 § 9; 1973 1st ex.s. c 201 § 1.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
[Title 44 RCW—page 50]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective dates—1979 ex.s. c 192: "Section 6 of this 1979 act shall
take effect July 1, 1980. Sections 1 through 5 of this 1979 act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1979." [1979 ex.s. c 192 § 7.]
Revenue forecasts: RCW 43.88.122.
44.40.080 State transportation agencies—
Recommended budget—Preparation and presentation—
Contents. Notwithstanding any other provision of law, state
transportation agencies shall prepare and present to the
governor and to the legislature prior to its convening a
recommended budget for the ensuing biennium. The
biennial budget shall include details of expenditures, and
performance and public service criteria for the transportation
programs and activities of each agency in consonance with
said agency’s adopted six-year comprehensive program and
financial plan. [1973 1st ex.s. c 201 § 2.]
44.40.090 Delegation of powers and duties to senate
and house transportation committees. (Effective unless
Referendum Bill No. 51 is approved at the November 2002
general election.) Subject to RCW 44.04.260, powers and
duties enumerated by this chapter shall be delegated to the
senate and house transportation committees during periods
when the legislative transportation committee is not appointed. [2001 c 259 § 8; 1977 ex.s. c 235 § 10; 1973 1st ex.s.
c 210 § 2.]
44.40.090 Delegation of powers and duties to senate
and house transportation committees. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) Subject to RCW
44.04.260, powers and duties enumerated by this chapter
shall be delegated to the senate and house transportation
committees during periods when the legislative transportation
accountability committee is not appointed. [2002 c 202 §
117; 2001 c 259 § 8; 1977 ex.s. c 235 § 10; 1973 1st ex.s.
c 210 § 2.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.100 Contracts and programs authorized.
(Effective unless Referendum Bill No. 51 is approved at the
November 2002 general election.) Subject to RCW
44.04.260, the legislative transportation committee and the
senate and house transportation committees may enter into
contracts on behalf of the state to carry out the purposes of
this chapter; and it or they may act for the state in the
initiation of or participation in any multigovernmental
program relative to transportation planning or programming;
and it or they may enter into contracts to receive federal or
other funds, grants, or gifts to carry out said purposes and to
be used in preference to or in combination with state funds.
When federal or other funds are received, they shall be
deposited with the state treasurer and thereafter expended
only upon approval by the committee or committees. [2001
(2002 Ed.)
Legislative Transportation Committee—Senate and House Transportation Committees
c 259 § 9; 1977 ex.s. c 235 § 11; 1975 1st ex.s. c 268 § 7;
1973 1st ex.s. c 210 § 3.]
44.40.100 Contracts and programs authorized.
(Effective December 30, 2002, if Referendum Bill No. 51
is approved at the November 2002 general election.)
Subject to RCW 44.04.260, the legislative transportation
accountability committee and the senate and house transportation committees may enter into contracts on behalf of the
state to carry out the purposes of this chapter; and it or they
may act for the state in the initiation of or participation in
any multigovernmental program relative to transportation
planning or programming; and it or they may enter into
contracts to receive federal or other funds, grants, or gifts to
carry out said purposes and to be used in preference to or in
combination with state funds. When federal or other funds
are received, they shall be deposited with the state treasurer
and thereafter expended only upon approval by the committee or committees. [2002 c 202 § 118; 2001 c 259 § 9;
1977 ex.s. c 235 § 11; 1975 1st ex.s. c 268 § 7; 1973 1st
ex.s. c 210 § 3.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.120 Periodic review of plans for bicycle,
pedestrian, and equestrian facilities. The house and senate
transportation committees shall periodically review the sixyear comprehensive plans submitted by cities and counties
for expenditures for bicycle, pedestrian, and equestrian
facilities prepared pursuant to RCW 35.77.010 and
36.81.121. [1977 ex.s. c 235 § 12; 1975 1st ex.s. c 268 §
2.]
44.40.140 Review of policy on fees imposed on
nonpolluting fuels—Report. (Effective unless Referendum
Bill No. 51 is approved at the November 2002 general election.) Prior to the start of each regular legislative session in
an odd-numbered year, the legislative transportation committee shall review the policy of the state concerning fees
imposed on non-polluting fuels under RCW 82.38.075, and
shall report its findings and recommendations for change, if
any, to the legislature. [1983 c 212 § 2.]
44.40.140 Review of policy on fees imposed on
nonpolluting fuels—Report. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general election.) Prior to the start of each regular
legislative session in an odd-numbered year, the legislative
transportation accountability committee shall review the
policy of the state concerning fees imposed on nonpolluting
fuels under RCW 82.38.075, and shall report its findings and
recommendations for change, if any, to the legislature.
[2002 c 202 § 119; 1983 c 212 § 2.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
(2002 Ed.)
44.40.100
44.40.150 Study—Recommendations for consideration—Staffing. (Effective unless Referendum Bill No. 51
is approved at the November 2002 general election.) (1)
The legislative transportation committee shall undertake a
study and develop recommendations for legislative and
executive consideration that will:
(a) Increase the efficiency and effectiveness of state
transportation programs and reduce costs;
(b) Enhance the accountability and organizational
soundness of all transportation modes;
(c) Encourage better communication between local
jurisdictions and the department of transportation in developing engineering plans and subsequent construction projects;
(d) Encourage private sector support and financial
participation in project development and construction of
transportation projects;
(e) Develop long-range goals that reflect changing
technology and state-of-the-art advancements in transportation;
(f) Explore alternatives for the establishment of an
integrated and balanced multimodal state-wide transportation
system to meet the needs of the 21st century; and
(g) Explore ways to reduce the demand on the transportation system and more effectively use the existing system.
The committee may study other transportation needs and
problems and make further recommendations.
(2) The office of financial management and the department of transportation shall provide staff support as required
by the legislative transportation committee in developing the
recommendations. To the extent permitted by law, all
agencies of the state shall cooperate fully with the legislative
transportation committee in carrying out its duties under this
section.
(3) The legislative transportation committee may receive
and expend gifts, grants, and endowments from private
sector sources to carry out the purpose of this section. [1998
c 245 § 88; 1989 1st ex.s. c 6 § 14.]
Severability—1989 1st ex.s. c 6: See note following RCW
46.68.110.
44.40.150 Study—Recommendations for consideration—Staffing. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.) (1) The legislative transportation accountability
committee shall undertake a study and develop recommendations for legislative and executive consideration that will:
(a) Increase the efficiency and effectiveness of state
transportation programs and reduce costs;
(b) Enhance the accountability and organizational
soundness of all transportation modes;
(c) Encourage better communication between local
jurisdictions and the department of transportation in developing engineering plans and subsequent construction projects;
(d) Encourage private sector support and financial
participation in project development and construction of
transportation projects;
(e) Develop long-range goals that reflect changing
technology and state-of-the-art advancements in transportation;
(f) Explore alternatives for the establishment of an
integrated and balanced multimodal statewide transportation
system to meet the needs of the 21st century; and
[Title 44 RCW—page 51]
44.40.150
Title 44 RCW: State Government—Legislative
(g) Explore ways to reduce the demand on the transportation system and more effectively use the existing system.
The committee may study other transportation needs and
problems and make further recommendations.
(2) The office of financial management and the department of transportation shall provide staff support as required
by the legislative transportation accountability committee in
developing the recommendations. To the extent permitted by
law, all agencies of the state shall cooperate fully with the
legislative transportation accountability committee in carrying out its duties under this section.
(3) The legislative transportation accountability committee may receive and expend gifts, grants, and endowments
from private sector sources to carry out the purpose of this
section. [2002 c 202 § 120; 1998 c 245 § 88; 1989 1st ex.s.
c 6 § 14.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Severability—1989 1st ex.s. c 6: See note following RCW
46.68.110.
44.40.160 Additional responsibilities. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) In addition to the
legislative transportation accountability committee’s other
responsibilities under this chapter, the committee has the
following responsibilities:
(1) Direct the department of transportation to submit a
transportation accountability audit report as required under
RCW 44.40.170;
(2) Report annually to the governor and the legislature
on the department’s progress on each project as further
defined in RCW 44.40.170;
(3) When necessary, make policy recommendations for
improving efficiencies, savings, or improvements in the
department’s project management, accountability measures,
or project delivery mechanisms;
(4) Recommend any leading edge transportation project
delivery strategies, oversight, accountability, or efficiency
measures; and
(5) Appoint members of the transportation accountability
board as nominated by the governor pursuant to RCW
44.40.200. [2002 c 202 § 102.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.170 Audit report. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general election.) The department of transportation shall prepare and submit to the transportation commission once each quarter a comprehensive audit report on each
transportation project funded by chapter 202, Laws of 2002.
The audit report shall be known as the"transportation accountability audit." For the purposes of chapter 202, Laws
of 2002, the audit must include the following elements:
(1) Project status and any scope changes;
(2) Estimated completion date and cost, noting any
changes from past estimates;
[Title 44 RCW—page 52]
(3) Actual project expenditures as compared with
projected expenditures;
(4) Any changes in financing for each project;
(5) Claim or change orders that result in greater than a
five-percent cumulative increase in project cost, or greater
than sixty days of delay;
(6) Status of any required permits;
(7) Mitigation efforts to relieve both traffic and environmental impacts;
(8) Evaluation of work force effectiveness, including
both state employees and contractors;
(9) Outlook for the upcoming year, including projected
accomplishments and challenges;
(10) Copies of any accountability reports filed with the
federal highway administration; and
(11) Any other useful information the committee or
commission requests. [2002 c 202 § 103.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.180 Audit review. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general election.) The transportation commission
must review the proposed transportation accountability audit
submitted by the department. After reviewing the information contained therein, the commission may request additional information or data, or ask for clarifications. The commission is prohibited from changing any of the data contained in the audit report.
After conducting its review, the commission must
forward the transportation accountability audit to the legislative transportation accountability committee and the transportation accountability board. [2002 c 202 § 104.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.190 Audit, disposition—Committee, authority,
staff, resources. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.) (1) Upon completion of its review under RCW
44.40.180, the transportation commission shall forward the
transportation accountability audit to the transportation
accountability board and the legislative transportation
accountability committee. The transportation accountability
board will accept or reject the report.
(a) In determining whether to accept or reject the report,
the board:
(i) Will analyze, investigate, and evaluate the data
contained in the audit report;
(ii) May, when authorized by the legislative transportation accountability committee, contract out for planners,
consultants, and other technical personnel to assist in the
audit review process; and
(iii) May request additional information or data from the
department of transportation.
(b) As part of the evaluation process, the board may
make recommendations to the legislative transportation
accountability committee for efficiencies, savings, or
(2002 Ed.)
Legislative Transportation Committee—Senate and House Transportation Committees
improvements in the department’s project management,
accountability measures, or project delivery mechanisms.
(2) After reviewing the report, the board must forward
the transportation accountability audit and recommendations
to the office of financial management and the legislative
transportation accountability committee.
(3) The legislative transportation accountability committee must make the transportation accountability audit report
available to the public.
(4) In addition to its regular staff, the legislative
transportation accountability committee is authorized to
contract out for planners, consultants, and other technical
personnel to advise it, or the board at its request, in the
performance of its duties, assist in the review of the transportation accountability audit, and to assist in other audits
initiated by the committee.
(5) Staff support to the board must be provided by the
legislative transportation accountability committee, which
shall provide professional support for the duties, functions,
responsibilities, and activities of the board, including but not
limited to information technology systems; data collection,
processing, analysis, and reporting; project management; and
office space, equipment, and secretarial support. The
legislative evaluation and accountability program will
provide data and information technology support consistent
with the support currently supplied to existing legislative
committees. [2002 c 202 § 105.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.200 Transportation accountability board—
Membership. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.) (1) The transportation accountability board is
created.
(2) The board will consist of no fewer than five and no
more than nine members nominated by the governor, and
selected by the legislative transportation accountability
committee, for terms of four years, except that at least half
the members initially appointed will be appointed for terms
of two years. The members of the board must be chosen so
the board will have experience and expertise relating to
major civil engineering and construction works and facilities
to include: (a) Design, estimating, contract packaging, and
procurement; (b) construction means and methods and
construction management and administration; (c) project
finance, accounting, controls, and reporting; (d) procedures
for obtaining permits and for assuring regulatory compliance;
(e) dispute resolution; (f) construction work force training
and safety; (g) general public administration; and (h)
experience crafting and implementing environmental mitigation plans.
(3) The legislative transportation accountability committee may not remove members from the board before the
expiration of their terms unless for cause based upon a
determination of incapacity, incompetence, neglect of duty,
or malfeasance in office by the Thurston county superior
court, upon petition and show cause proceedings brought for
that purpose in that court and directed to the board member
in question.
(2002 Ed.)
44.40.190
(4) No member may be appointed for more than three
consecutive terms. [2002 c 202 § 106.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
44.40.210 Transportation accountability board—
Procedures, compensation, records. (Effective December
30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) (1) The board shall meet
periodically. It may adopt its own rules and may establish
its own procedures. It shall act collectively in harmony with
recorded resolutions or motions adopted by a majority vote
of the members. The board shall be compensated from the
general appropriation for the legislative transportation
accountability committee and in accordance with RCW
43.03.250.
(2) Each member of the board will be compensated in
accordance with RCW 43.03.250 and reimbursed for actual
necessary traveling and other expenses in going to, attending,
and returning from meetings of the board or that are incurred
in the discharge of duties requested by the chairman.
However, in no event may a board member be compensated
in any year for more than one hundred twenty days, except
the chairman may be compensated for not more than one
hundred fifty days. Service on the board does not qualify as
a service credit for the purposes of a public retirement
system.
(3) The board shall keep proper records and is subject
to audit by the state auditor or other auditing entities. [2002
c 202 § 107.]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Chapter 44.44
OFFICE OF STATE ACTUARY—JOINT
COMMITTEE ON PENSION POLICY
Sections
44.44.010
44.44.015
44.44.030
44.44.040
44.44.050
Office of state actuary—Created—Qualifications.
Administration.
Personnel—Participation of American academy of actuaries.
Powers and duties—Actuarial fiscal notes.
Joint committee on pension policy—Membership, terms,
leadership.
44.44.060 Joint committee on pension policy—Powers and duties.
44.44.900 Severability—1975-’76 2nd ex.s. c 105.
Department of retirement systems: Chapter 41.50 RCW.
44.44.010 Office of state actuary—Created—
Qualifications. (1) There is hereby created an office within
the legislative branch to be known as the office of the state
actuary.
(2) The executive head of the office shall be the state
actuary who shall be qualified by education and experience
in the field of actuarial science. [1987 c 25 § 1; 1975-’76
2nd ex.s. c 105 § 19.]
[Title 44 RCW—page 53]
44.44.015
Title 44 RCW: State Government—Legislative
44.44.015 Administration. The administration of the
joint committee on pension policy is subject to RCW
44.04.260. [2001 c 259 § 10.]
44.44.030 Personnel—Participation of American
academy of actuaries. (1) Subject to RCW 44.04.260, the
state actuary shall have the authority to select and employ
such research, technical, clerical personnel, and consultants
as the actuary deems necessary, whose salaries shall be fixed
by the actuary and approved by the joint committee on
pension policy, and who shall be exempt from the provisions
of the state civil service law, chapter 41.06 RCW.
(2) All actuarial valuations and experience studies
performed by the office of the state actuary shall be signed
by a member of the American academy of actuaries. If the
state actuary is not such a member, the state actuary, after
approval by the committee, shall contract for a period not to
exceed two years with a member of the American academy
of actuaries to assist in developing actuarial valuations and
experience studies. [2001 c 259 § 11; 1987 c 25 § 2; 1975’76 2nd ex.s. c 105 § 21.]
44.44.040 Powers and duties—Actuarial fiscal notes.
The office of the state actuary shall have the following
powers and duties:
(1) Perform all actuarial services for the department of
retirement systems, including all studies required by law.
Reimbursement for such services shall be made to the state
actuary pursuant to the provisions of RCW 39.34.130 as now
or hereafter amended.
(2) Advise the legislature and the governor regarding
pension benefit provisions, and funding policies and investment policies of the state investment board.
(3) Consult with the legislature and the governor
concerning determination of actuarial assumptions used by
the department of retirement systems.
(4) Prepare a report, to be known as the actuarial fiscal
note, on each pension bill introduced in the legislature which
briefly explains the financial impact of the bill. The
actuarial fiscal note shall include: (a) The statutorily
required contribution for the biennium and the following
twenty-five years; (b) the biennial cost of the increased
benefits if these exceed the required contribution; and (c)
any change in the present value of the unfunded accrued
benefits. An actuarial fiscal note shall also be prepared for
all amendments which are offered in committee or on the
floor of the house of representatives or the senate to any
pension bill. However, a majority of the members present
may suspend the requirement for an actuarial fiscal note for
amendments offered on the floor of the house of representatives or the senate.
(5) Provide such actuarial services to the legislature as
may be requested from time to time.
(6) Provide staff and assistance to the committee
established under *RCW 46.44.050. [1987 c 25 § 3; 1986
c 317 § 6; 1975-’76 2nd ex.s. c 105 § 22.]
*Reviser’s note: The reference to RCW 46.44.050 is in error. RCW
44.44.050 was apparently intended.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
[Title 44 RCW—page 54]
44.44.050 Joint committee on pension policy—
Membership, terms, leadership. (1) There is hereby
created a joint committee on pension policy. The committee
shall consist of: (a) Eight members of the senate appointed
by the president of the senate, four of whom shall be
members of the majority party and four of whom shall be
members of the minority party; and (b) eight members of the
house of representatives appointed by the speaker, four of
whom shall be members of the majority party and four of
whom shall be members of the minority party. Members of
the committee shall be appointed before the close of the
1987 legislative session and before the close of each regular
session during an odd-numbered year thereafter.
(2) Each member’s term of office shall run from the
close of the session in which he or she was appointed until
the close of the next regular session held in an odd-numbered year. If a successor is not appointed during a session,
the member’s term shall continue until the member is
reappointed or a successor is appointed. The term of office
for a committee member who does not continue as a member
of the senate or house shall cease upon the convening of the
next session of the legislature during an odd-numbered year
after the member’s appointment, or upon the member’s
resignation, whichever is earlier. Vacancies on the committee shall be filled by appointment in the same manner as
described in subsection (1) of this section. All such vacancies shall be filled from the same political party and from
the same house as the member whose seat was vacated.
(3) The committee shall elect a chairperson and a vicechairperson. The chairperson shall be a member of the
senate in even-numbered years and a member of the house
of representatives in odd-numbered years.
(4) The committee shall establish an executive committee of four members, including the chairperson and the vicechairperson, representing the majority and minority caucuses
of each house. [1987 c 25 § 4.]
44.44.060 Joint committee on pension policy—
Powers and duties. The joint committee on pension policy
shall have the following powers and duties:
(1) Study pension issues, develop pension policies for
public employees in state retirement systems, and make
recommendations to the legislature;
(2) Study the financial condition of the state pension
systems, develop funding policies, and make recommendations to the legislature; and
(3) Appoint or remove the state actuary by a two-thirds
vote of the committee. [1987 c 25 § 5.]
44.44.900 Severability—1975-’76 2nd ex.s. c 105.
See note following RCW 41.04.270.
Chapter 44.48
LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Sections
44.48.010
44.48.020
44.48.030
44.48.040
Committee created—Composition.
Terms of members—Vacancies.
Continuation of memberships, powers, duties, etc.
Travel expenses of members—Reimbursement.
(2002 Ed.)
Legislative Evaluation and Accountability Program Committee
44.48.045
44.48.050
44.48.060
44.48.070
Administration.
Expenses of committee—Vouchers.
Officers and rules.
Committee’s duties with respect to data processing capability for fiscal matters—LEAP defined.
44.48.080 Duties of LEAP administration.
44.48.090 Committee’s powers.
44.48.100 Reports to legislature—Minutes.
44.48.110 Witness fees and mileage.
44.48.120 LEAP administrator and other assistants—Employment—
Duties of LEAP administrator.
44.48.130 Exemption from department of information services.
44.48.140 Cooperation with legislative committees and others.
44.48.900 Severability—1977 ex.s. c 373.
Alternative economic and revenue forecasts to be provided at the request
of the legislative evaluation and accountability program committee:
RCW 82.33.030.
44.48.010 Committee created—Composition. There
is hereby created a legislative evaluation and accountability
program committee which shall consist of four senators and
four representatives from the legislature. The senate members of the committee shall be appointed by the president of
the senate and the house members of the committee shall be
appointed by the speaker of the house. Not more than two
members from each house shall be from the same political
party. All members shall be appointed before the close of
the 1977 session of the legislature and before the close of
each regular session during an odd-numbered year thereafter.
Members shall be subject to confirmation, as to the senate
members by the senate, and as to the house members by the
house. [1980 c 87 § 40; 1977 ex.s. c 373 § 1.]
44.48.020 Terms of members—Vacancies. The term
of office of the members of the committee who continue to
be members of the senate and house shall be from the close
of the session in which they were appointed or elected as
provided in RCW 44.48.010 until the close of the next
regular session during an odd-numbered year, or, in the
event that such appointments or elections are not made, until
the close of the next regular session during an odd-numbered
year during which successors are appointed or elected. The
term of office of such committee members as shall not
continue to be members of the senate and house shall cease
upon the convening of the next regular session of the
legislature during an odd-numbered year after their confirmation, election, or appointment. Vacancies on the
committee shall be filled by appointment by the remaining
members. All such vacancies shall be filled from the same
political party and from the same house as the member
whose seat was vacated. [1980 c 87 § 41; 1977 ex.s. c 373
§ 2.]
44.48.030 Continuation of memberships, powers,
duties, etc. On and after the commencement of a succeeding regular session of the legislature during an odd-numbered
year, those members of the committee who continue to be
members of the senate and house, respectively, shall continue as members of the committee as indicated in RCW
44.48.020 and the committee shall continue with all its
powers, duties, authorities, records, papers, personnel and
staff, and all funds made available for its use. [1980 c 87 §
42; 1977 ex.s. c 373 § 3.]
(2002 Ed.)
Chapter 44.48
44.48.040 Travel expenses of members—
Reimbursement. The members of the committee shall serve
without additional compensation, but shall be reimbursed in
accordance with RCW 44.04.120 while attending sessions of
the committee or meetings of any subcommittee of the committee, or on other committee business authorized by the
committee. [1977 ex.s. c 373 § 4.]
44.48.045 Administration. The administration of the
legislative evaluation and accountability program committee
is subject to RCW 44.04.260. [2001 c 259 § 12.]
44.48.050 Expenses of committee—Vouchers.
Subject to RCW 44.04.260, all expenses incurred by the
committee, including salaries and expenses of employees,
shall be paid upon voucher forms as provided by the
administrator and signed by the chairman or vice chairman
of the committee and attested by the secretary of said
committee, and the authority of said chairman and secretary
to sign vouchers shall continue until their successors are
selected after each ensuing session of the legislature.
Vouchers may be drawn on funds appropriated by law for
the committee: PROVIDED, That the senate and the house
may authorize the committee to draw on funds appropriated
by the legislature for legislative expenses. [2001 c 259 § 13;
1977 ex.s. c 373 § 5.]
44.48.060 Officers and rules. The committee shall
have the power and duty to appoint its own chairman, vice
chairman, and other officers; and to make rules for orderly
procedure. [1977 ex.s. c 373 § 6.]
44.48.070 Committee’s duties with respect to data
processing capability for fiscal matters—LEAP defined.
The committee shall acquire a data processing service
capability under the exclusive jurisdiction and control of the
legislature acting through the committee and its administrator
for the purpose of providing the legislature and its staff with
the type of information required for in-depth analysis and
monitoring of state agency expenditures, budgets, and related
fiscal matters. The legislative evaluation and accountability
program established in this section may be referred to in this
chapter as the LEAP administration. [1977 ex.s. c 373 § 7.]
44.48.080 Duties of LEAP administration. To carry
out the provisions of RCW 44.48.070 the LEAP administration shall provide for:
(1) Automated data bases and application systems in
support of legislative requirements to monitor, evaluate,
analyze, report, and review;
(2) Maintenance of computer software, application
programs, data bases, and related documentation;
(3) Education, training, and programming services;
(4) Procedural documentation support; and
(5) Consulting assistance on special projects. [1977
ex.s. c 373 § 8.]
44.48.090 Committee’s powers. The committee shall
have the following powers:
[Title 44 RCW—page 55]
44.48.090
Title 44 RCW: State Government—Legislative
(1) To have timely access, upon written request of the
administrator, to all machine readable, printed, and other
data of state agencies relative to expenditures, budgets, and
related fiscal matters;
(2) To suggest changes relative to state accounting and
reporting systems to the office of financial management or
its successor and to require timely written responses to such
suggestions; and
(3) Subject to RCW 44.04.260, to enter into contracts;
and when entering into any contract for computer access,
make necessary provisions relative to the scheduling of
computer time and usage in recognition of the unique
requirements and priorities of the legislative process. [2001
c 259 § 14; 1979 c 151 § 158; 1977 ex.s. c 373 § 9.]
may cooperate with the councils or committees of other
states similar to this committee and with other interstate
research organizations. [1977 ex.s. c 373 § 14.]
44.48.100 Reports to legislature—Minutes. The
committee shall have the power to make reports to the
legislature. The committee shall keep complete minutes of
its meetings. [1987 c 505 § 46; 1977 ex.s. c 373 § 10.]
Sections
44.52.010
44.48.110 Witness fees and mileage. Each person
who appears before the committee, other than a state official
or employee, may upon request receive for attendance the
fees and mileage provided for witnesses in civil cases in
courts of record in accordance with the provisions of RCW
2.40.010, which shall be audited and paid upon the presentation of proper vouchers signed by such person and approved
by the secretary and chairman of the committee. [1977 ex.s.
c 373 § 11.]
44.48.120 LEAP administrator and other assistants—Employment—Duties of LEAP administrator. The
committee is hereby authorized and empowered to appoint
an officer to be known as the LEAP administrator who shall
be the executive officer of the committee and assist in its
duties and shall compile information for the committee.
Subject to RCW 44.04.260, the committee is hereby
authorized and empowered to select and employ temporary
and permanent personnel and fix their salaries.
The duties of the administrator shall be as follows:
(1) To manage the LEAP operations.
(2) To assist the several standing committees of the
house and senate; to appear before other legislative committees; and to assist any other legislative committee upon
instruction by the committee.
(3) To provide the legislature with information obtained
under the direction of the committee.
(4) To maintain a record of all work performed by the
administrator under the direction of the committee and to
keep and make available all documents, data, and reports
submitted to the administrator by any legislative committee.
[2001 c 259 § 15; 1977 ex.s. c 373 § 12.]
44.48.130 Exemption from department of information services. The committee is hereby expressly exempted
from the provisions of chapter 43.105 RCW. [1977 ex.s. c
373 § 13.]
44.48.140 Cooperation with legislative committees
and others. The committee shall cooperate, act, and
function with Washington state legislative committees and
[Title 44 RCW—page 56]
44.48.900 Severability—1977 ex.s. c 373. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 373 § 16.]
Chapter 44.52
LEGISLATIVE COMMITTEE
ON ECONOMIC DEVELOPMENT
44.52.020
44.52.030
44.52.040
44.52.050
44.52.060
44.52.070
44.52.900
44.52.901
Purpose—Legislative committee on economic development
created—Membership.
Subcommittees—Rules of procedure.
Powers—Study and review of economic issues.
Staff support.
Travel expenses.
Payment of expenses.
Cooperation with other committees, agencies, and councils.
Severability—1985 c 467.
Effective date—1985 c 467.
44.52.010 Purpose—Legislative committee on
economic development created—Membership. (1)
Economic development and in particular international trade,
tourism, and investment have become increasingly important
to Washington, affecting the state’s employment, revenues,
and general economic well-being. Additionally, economic
trends are rapidly changing and the international marketplace
has become increasingly competitive as states and countries
seek to improve and safeguard their own economic wellbeing. The purpose of the legislative committee on economic development is to provide responsive and consistent
involvement by the legislature in economic development to
maintain a healthy state economy and to provide employment opportunities to Washington residents.
(2) There is created a legislative committee on economic
development which shall consist of six senators and six
representatives from the legislature and the lieutenant
governor who shall serve as chairperson. The senate
members of the committee shall be appointed by the president of the senate and the house members of the committee
shall be appointed by the speaker of the house. Not more
than three members from each house shall be from the same
political party. A list of appointees shall be submitted before
the close of each regular legislative session during an oddnumbered year or any successive special session convened
by the governor or the legislature prior to the close of such
regular session or successive special session(s) for confirmation of senate members, by the senate, and house members,
by the house. Vacancies occurring shall be filled by the
appointing authority. [1985 c 467 § 17.]
44.52.020 Subcommittees—Rules of procedure. The
committee shall by majority vote establish subcommittees,
and prescribe rules of procedure for itself and its subcommittees which are consistent with this chapter. The committee
shall at a minimum establish a subcommittee on international
(2002 Ed.)
Legislative Committee on Economic Development
trade and a subcommittee on industrial development. [1985
c 467 § 18.]
44.52.030 Powers—Study and review of economic
issues. The committee or its subcommittees are authorized
to study and review economic development issues with
special emphasis on international trade, tourism, investment,
and industrial development, and to assist the legislature in
developing a comprehensive and consistent economic
development policy. The issues under review by the
committee shall include, but not be limited to:
(1) Evaluating existing state policies, laws, and programs which promote or affect economic development with
special emphasis on those concerning international trade,
tourism, and investment and determine their cost-effectiveness and level of cooperation with other public and private
agencies.
(2) Monitoring economic trends, and developing for
review by the legislature such appropriate state responses as
may be deemed effective and appropriate.
(3) Monitoring economic development policies and
programs of other states and nations and evaluating their
effectiveness.
(4) Determining the economic impact of international
trade, tourism, and investment upon the state’s economy.
(5) Assessing the need for and effect of federal, regional, and state cooperation in economic development policies
and programs.
(6) Developing and evaluating legislative proposals
concerning the issues specified in this section. [1985 c 467
§ 19.]
44.52.040 Staff support. The committee shall receive
the necessary staff support from both the senate and house
staff resources. [1985 c 467 § 20.]
44.52.050 Travel expenses. The members of the
committee shall serve without additional compensation, but
shall be reimbursed for their travel expenses, in accordance
with RCW 44.04.120, incurred while attending sessions of
the committee or meetings of any subcommittee of the
committee, while engaged on other committee business
authorized by the committee, and while going to and coming
from committee sessions or committee meetings. [1985 c
467 § 21.]
44.52.060 Payment of expenses. All expenses
incurred by the committee, including salaries and expenses
of employees, shall be paid upon voucher forms as provided
by the auditor and signed by the chairperson or vice chairperson of the committee and attested by the secretary of the
committee, and the authority of the chairperson and secretary
to sign vouchers shall continue until their successors are
selected after each ensuing session of the legislature.
Vouchers may be drawn on funds appropriated generally by
the legislature for legislative expenses or upon any special
appropriation which may be provided by the legislature for
the expenses of the committee or both. [1985 c 467 § 22.]
44.52.070 Cooperation with other committees,
agencies, and councils. The committee shall cooperate, act,
(2002 Ed.)
44.52.020
and function with legislative committees, executive agencies,
and with the councils or committees of other states similar
to this committee and with other interstate research organizations. [1985 c 467 § 23.]
44.52.900 Severability—1985 c 467. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 467 § 25.]
44.52.901 Effective date—1985 c 467. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect July 1,
1985. [1985 c 467 § 26.]
Chapter 44.68
JOINT LEGISLATIVE SYSTEMS COMMITTEE
Sections
44.68.010
44.68.020
44.68.030
44.68.035
44.68.040
44.68.050
44.68.060
44.68.070
44.68.080
44.68.090
44.68.100
Definitions.
Committee created—Members, terms, vacancies, officers,
rules.
Administrative committee—Membership, coordinator as
secretary.
Administration.
Legislative systems coordinator—Employment, duties.
Administrative committee—Powers and duties.
Joint legislative service center—Duties—Protection of information—Bill drafts.
Legislative systems revolving fund.
Scope of requirements of this chapter.
Systems committee, administrative committee members—
Travel expenses.
Electronic access to legislative information.
44.68.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative committee" means the legislative
systems administrative committee created under RCW
44.68.030.
(2) "Center" means the joint legislative service center
established under RCW 44.68.060.
(3) "Coordinator" means the legislative systems coordinator employed under RCW 44.68.040.
(4) "Systems committee" means the joint legislative
systems committee created under RCW 44.68.020. [1986 c
61 § 1.]
44.68.020 Committee created—Members, terms,
vacancies, officers, rules. (1) The joint legislative systems
committee is created to oversee the direction of the information processing and communications systems of the legislature and to enforce the policies, procedures, and standards
established under this chapter. The systems committee
consists of four members as follows:
(a) A member from each of the two largest caucuses in
the house of representatives, appointed by the speaker of the
house of representatives; and
(b) A member from each of the two largest caucuses in
the senate, appointed by the majority leader of the senate.
[Title 44 RCW—page 57]
44.68.020
Title 44 RCW: State Government—Legislative
(2) Members shall serve two-year terms, beginning with
their appointment in the regular legislative session held in an
odd-numbered year and continuing until their successors are
appointed and qualified. In case of a vacancy, the original
appointing authority shall appoint another member of the
same party as the vacating member.
(3) The systems committee shall choose its own
presiding officer and other necessary officers from among its
membership, and shall make rules for orderly procedure.
[1993 c 332 § 1; 1986 c 61 § 2.]
44.68.030 Administrative committee—Membership,
coordinator as secretary. (1) The legislative systems
administrative committee is created to manage the information processing and communications systems of the legislature. The administrative committee consists of five members
appointed as follows:
(a) The secretary of the senate, and another senate staff
person appointed by and serving at the pleasure of the
secretary;
(b) The chief clerk of the house of representatives, and
another house of representatives staff person appointed by
and serving at the pleasure of the chief clerk; and
(c) The code reviser, or the code reviser’s designee,
serving in a nonvoting capacity.
(2) The coordinator shall serve as the secretary of the
administrative committee. [1986 c 61 § 3.]
44.68.035 Administration. The administration of the
joint legislative systems committee is subject to RCW
44.04.260. [2001 c 259 § 16.]
44.68.040 Legislative systems coordinator—
Employment, duties. Subject to RCW 44.04.260:
(1) The systems committee, after consultation with the
administrative committee, shall employ a legislative systems
coordinator. The coordinator shall serve at the pleasure of
the systems committee, which shall fix the coordinator’s
salary.
(2) The coordinator shall serve as the executive and
administrative head of the center, and shall assist the
administrative committee in managing the information
processing and communications systems of the legislature as
directed by the administrative committee. [2001 c 259 § 17;
1986 c 61 § 4.]
44.68.050 Administrative committee—Powers and
duties. The administrative committee shall, subject to the
approval of the systems committee and subject to RCW
44.04.260:
(1) Adopt policies, procedures, and standards regarding
the information processing and communications systems of
the legislature;
(2) Establish appropriate charges for services, equipment, and publications provided by the legislative information processing and communications systems, applicable to
legislative and nonlegislative users as determined by the
administrative committee;
(3) Employ or engage and fix the compensation for
personnel required to carry out the purposes of this chapter;
[Title 44 RCW—page 58]
(4) Enter into contracts for (a) the sale, exchange, or
acquisition of equipment, supplies, services, and facilities
required to carry out the purposes of this chapter and (b) the
distribution of legislative information;
(5) Generally assist the systems committee in carrying
out its responsibilities under this chapter, as directed by the
systems committee. [2001 c 259 § 18; 1986 c 61 § 5.]
44.68.060 Joint legislative service center—Duties—
Protection of information—Bill drafts. (1) The administrative committee, subject to the approval of the systems
committee, shall establish a joint legislative service center.
The center shall provide automatic data processing services,
equipment, training, and support to the legislature and
legislative agencies. The center may also, by agreement,
provide services to agencies of the judicial and executive
branch. All operations of the center shall be subject to the
general supervision of the administrative committee in
accordance with the policies, procedures, and standards
established under RCW 44.68.050.
(2) Except as provided otherwise in subsection (3) of
this section, determinations regarding the security, disclosure,
and disposition of information placed or maintained in the
center shall rest solely with the originator and shall be made
in accordance with any law regulating the disclosure of such
information. The originator is the person who directly
places information in the center.
(3) When utilizing the center to carry out the bill
drafting functions required under RCW 1.08.027, the code
reviser shall be considered the originator as defined in RCW
44.68.060. However, determinations regarding the security,
disclosure, and disposition of drafts placed or maintained in
the center shall be made by the person requesting the code
reviser’s services and the code reviser, acting as the originator, shall comply with and carry out such determinations as
directed by that person. A measure once introduced shall
not be considered a draft under this subsection. [1986 c 61
§ 6.]
44.68.070 Legislative systems revolving fund. The
legislative systems revolving fund is established in the
custody of the state treasurer. All moneys received by the
systems committee, the administrative committee, and the
center shall be deposited in the fund. Moneys in the fund
may be spent only for expenses approved by the systems
committee for the purposes of this chapter. Disbursements
from the fund shall be on vouchers signed by both the
presiding officer of the systems committee and the coordinator. No appropriation is required for disbursements from the
fund. The senate and house of representatives may transfer
moneys appropriated for legislative expenses to the fund, in
addition to charges made under RCW 44.68.050(2). [1986
c 61 § 7.]
44.68.080 Scope of requirements of this chapter.
The information and communications functions of the
legislature and legislative agencies are subject to the requirements of this chapter, and the standards, policies, and
procedures established under this chapter. [1986 c 61 § 8.]
(2002 Ed.)
Joint Legislative Systems Committee
44.68.090
44.68.090 Systems committee, administrative
committee members—Travel expenses. Members of the
systems committee and of the administrative committee shall
be reimbursed for travel expenses under RCW 44.04.120 or
43.03.050 and 43.03.060, as appropriate, while attending
meetings of their respective committees or on other official
business authorized by their respective committees. [1986
c 61 § 9.]
44.68.100 Electronic access to legislative information. The legislature and legislative agencies through the
joint legislative systems committee, shall:
(1) Continue to plan for and implement processes for
making legislative information available electronically;
(2) Promote and facilitate electronic access to the public
of legislative information and services;
(3) Establish technical standards for such services;
(4) Consider electronic public access needs when
planning new information systems or major upgrades of
information systems;
(5) Develop processes to determine which legislative
information the public most wants and needs;
(6) Increase capabilities to receive information electronically from the public and transmit forms, applications and
other communications and transactions electronically;
(7) Use technologies that allow continuous access
twenty-four hours a day, seven days per week, involve little
or no cost to access, and are capable of being used by
persons without extensive technology ability; and
(8) Consider and incorporate wherever possible ease of
access to electronic technologies by persons with disabilities.
[1996 c 171 § 4.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
(2002 Ed.)
[Title 44 RCW—page 59]
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